Da´Il E´Ireann

Vol. 605 Wednesday, No. 4 29 June 2005

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Wednesday, 29 June 2005.

Leaders’ Questions ………………………………1037 Ceisteanna—Questions Taoiseach …………………………………1051 Requests to move Adjournment of Da´il under Standing Order 31 ………………1060 Order of Business ………………………………1061 Treaty of Amsterdam: Motion……………………………1078 Planning and Development Regulations: Motion ……………………1979 Ceisteanna—Questions (resumed) Minister for Community, Rural and Gaeltacht Affairs Priority Questions ……………………………1092 Other Questions ……………………………1112 Adjournment Debate Matters ……………………………1119 Planning and Development Regulations: Motion (resumed) …………………1120 Veterinary Practice Bill 2004 [Seanad]: Report Stage (resumed) and Final Stage …………1131 International Interests in Mobile Equipment (Cape Town Convention) Bill 2005 [Seanad]: Second Stage ………………………………1150 Committee and Remaining Stages ………………………1157 Driver Testing and Standards Authority Bill 2004: Second Stage (resumed) …………1160 Private Members’ Business G8 Summit and Overseas Development Aid: Motion (resumed) ……………1173 Driver Testing and Standards Authority Bill 2004: Second Stage (resumed) ……………………………1205 Referral to Select Committee …………………………1222 Health and Social Care Professionals Bill 2004 [Seanad]: Second Stage (resumed) …………1223 Adjournment Debate Ombudsman for Children……………………………1227 Migrant Workers ………………………………1229 Commercial Payments Directive …………………………1233 Probation and Welfare Service …………………………1236 Questions: Written Answers ……………………………1241 1037 1038

DA´ IL E´ IREANN state when the Government will make this announcement. ———— The Taoiseach: As I stated previously, I would De´ Ce´adaoin, 29 Meitheamh 2005. like Ireland to be the number one subscriber to Wednesday, 29 June 2005. overseas development aid in the world. We lie at about number seven or eight in the world. This is ———— an extraordinary achievement for this country and everybody should be proud of it. We sub- Chuaigh an Ceann Comhairle i gceannas ar scribe the better part of \600 million towards 10.30 a.m. overseas development aid, more than the entire capital programme for health in this country. ———— Every year we are increasing our overseas development aid package by a vast amount. In Paidir. the last budget, the first by the Minister for Fin- Prayer. ance, Deputy Cowen, a \1.8 billion package for overseas development aid for the next three years ———— was outlined. I am thankful that we are now able to help NGOs to do their job. They cannot do it without Leaders’ Questions. the money. I am proud that under the Govern- Mr. Kenny: As the Taoiseach will be aware, the ments I have led, we have increased our overseas main issue to dominate tomorrow’s G8 summit in development aid contribution from \150 million Scotland will be the effort to solve the plight of to over \600 million. With the packages that have the people of Africa. It is worth bearing in mind been announced, this will amount to approxi- that, in every ten minutes we speak in the House mately \700 million by 2007. today, 60 children will have died of a vaccine-pre- ventable illness and 80 babies under a month will Mr. McCormack: Much short of the promised die worldwide. A woman in the developing world amount. will die every second in childbirth. Every 30 seconds a child dies of malaria. Six thousand The Taoiseach: I would have liked to have—— people will die today from an AIDS-related illness. By the end of this year, just like every year, Mr. Gormley: The Taoiseach should just whooping cough will have killed 300,000 children, answer the question. and diarrhoea will have killed 600,000 more under the age of five. The Taoiseach: ——had the ability to reach the The Taoiseach and his Government obviously target of 0.7% but—— cannot prevent these tragedies from occurring. However, I am annoyed that in September 2000, Mr. J. O’Keeffe: Why did the Taoiseach make with no election in sight, he made a solemn com- the promise? mitment to the UN Assembly, before the eyes of The Taoiseach: ——because of growth levels the world, that the Government would achieve and all the necessary adjustments, we would have the UN target of 0.7% of GDP by 2007. He made had to be contributing sums of approximately this commitment based on the information avail- \200 million to achieve it. able to him with the consent of his Government and on behalf of the people of Ireland. When it Mr. Connaughton: It did not—— became politically expedient for the Government to break that promise, it did so. The Taoiseach: I am trying to answer the This country can be very proud of the outstand- Deputy’s leader’s question. ing work done by our NGOs which dispense aid all over the world. It is a pity that our reputation Mr. Gormley: He is not answering it. in the eyes of the world is now being besmirched by the fact the Taoiseach broke the promise he (Interruptions). made on behalf of the people and the Govern- ment. Some time ago, he stated in the House that An Ceann Comhairle: Allow the Taoiseach, his job was to answer questions when asked. In please. light of this, let me ask him a question now: when will this Government achieve the Taoiseach’s The Taoiseach: The Deputies should respect commitment to donate 0.7% of GDP in overseas their leader and let me answer the question. development aid? Why has he postponed making The reality is that this country has slipped back a decision on this matter until some time before far less than any other country. The United States September, at which time the House will not be of America, the biggest economy in the world, sitting and at which time there will be no oppor- has no target. tunity to raise these matters with him? If the Taoiseach’s job is to answer questions, he should Ms Burton: I do not believe it. 1039 Leaders’ 29 June 2005. Questions 1040

The Taoiseach: The United Kingdom—— lying on trolleys around the country yesterday? What does his word mean in terms of the commit- Mr. F. McGrath: George Bush. He is in touch ment given for 2,000 extra gardaı´? The Minister with the world. for Justice, Equality and Law Reform is smirking but he should have been listening to the public An Ceann Comhairle: Allow the Taoiseach to speak in Raheny last night. contribute without interruption. What does the Taoiseach’s word mean in terms of broken promises on class sizes which the cur- (Interruptions). rent Minister for Education and Science now terms a noble aspiration? What does it mean The Taoiseach: Soundbites get in the way of when the Minister for Justice, Equality and Law facts. People hate facts in this House. Reform says the release of the murderers of Detective Garda Jerry McCabe will be the happ- Mr. F. McGrath: George Bush. iest day of his life? What does the Taoiseach’s word mean in terms of the 34 stealth taxes The Taoiseach: The United Kingdom, which is imposed on consumers of this country? being held up in lights at present in respect of the G8 summit — I wish them well — has a lower An Ceann Comhairle: The Deputy must target than ours. It is not contributing the kinds restrict his questions to topical issues. of resources we are contributing, nor has it made the kinds of strides we have made. France is Mr. Kenny: This morning we listened on radio totally ambivalent. This country—— to the reprehensible conduct of the Minister for Foreign Affairs who talked about decisions with Mr. Gormley: The Taoiseach broke his regard to the target of 0.7% as against seatbelts promise. on school buses. (Interruptions). An Ceann Comhairle: The Deputy’s time has An Ceann Comhairle: Deputy Gormley should concluded. The Chair is on its feet. Leaders’ note the question was posed by Fine Gael, of Questions are confined to one issue and not a which he is not a member. number of issues.

The Taoiseach: This country should be very (Interruptions). proud, as I am, of its record on overseas development aid. Mr. Kenny: I thank the Ceann Comhairle for reminding me of this. The central question the Deputies: Hear, hear. value of the Taoiseach’s word. Promise after promise and commitment after commitment have Mr. Gormley: The Taoiseach broke his been broken. How can we believe anything from promise. this Government when, in respect of the poorest people in the world, the Taoiseach stood up in The Taoiseach: I look forward to the discussion front of the eyes and nations of the world and on the millennium goals in September and to said we would achieve our target by 2007? Not reporting that Ireland, which has 1% of the popu- only has he let down the poorest in the world, he lation of Europe, can stand as one of the highest has let down people here at home. Promises and in Europe in terms of its ability and achievement commitments have no value because his word no regarding overseas development aid. longer counts for anything.

Deputies: Hear, hear. Mr. Gormley: The Taoiseach should answer the question. Mr. Gormley: The Taoiseach broke his promise. An Ceann Comhairle: I will have to ask Deputy Gormley to leave the House if he inter- Mr. J. O’Keeffe: It was a breach of a promise. rupts again.

Mr. Kenny: I am not talking about France, the The Taoiseach: We have delivered substan- United Kingdom or the United States but about tially to overseas development aid. Some \150 the Taoiseach, who made a solemn commitment million had been delivered when I came to before the eyes of the world that the Government power, and this figure is heading towards \700 would achieve the target of 0.7% of GDP by million which is a huge achievement. There has 2007. The Taoiseach knew the implications when been a commitment of \1.8 billion over a three he made that commitment and was promised year period which helps NGOs do their job, before that he would get a seat on the Security enables them to provide services and allows us to Council. What is the value of his word? What go into new countries such as East Timor. does his word mean? What did it mean in terms Unlike most places in the world, Ireland should of the health services where \50 billion has been be very proud that it does not have tied aid. spent since 1997 and yet there were 257 patients Former President Clinton said he would like the 1041 Leaders’ 29 June 2005. Questions 1042

US to have done half of what we did. It is amaz- came up with the idea of spending \52 million on ing that people all over the world recognise what electronic voting, and the subsequent Minister, Ireland has done for overseas aid. Yes, we Deputy Cullen, decided against all advice to decreased our percentage but I did not know in implement it. The behaviour of former Minister August 2000, when the economy was growing by for Health and Children, Deputy Martin, with 11%, that it would only grow by 1% a year later. regard to the nursing homes issue would, accord- However, we still continued to provide untied aid ing to the former Ombudsman, make previous at a rate not achieved by anybody else in the Ministers squirm in their graves. Ministers of world. State, Deputies Callely and Tim O’Malley, man- Deputy Michael D. Higgins speaks so much aged to read the brief but did absolutely nothing. and so well on the issue. However, he must Then there is the issue of the former and current remember what his Government did. It reversed Ministers for Justice, Equality and Law Reform, the figure. Deputies O’Donoghue and McDowell.

Mr. M. Higgins: The Taoiseach was the Mini- (Interruptions). ster for Finance at that time and was always against it. Mr. Rabbitte: Fianna Faíl backbenchers will like what I have to say. In August 2000, the Act- The Taoiseach: The Deputy’s party had the ing Commissioner, Mr. Noel Conroy, sent a secret worst record with regard to overseas aid. It was report based on the Carty investigation to the absolutely terrible and did nothing. then Minister for Justice, Equality and Law Reform, Deputy O’Donoghue. It was a shocking Mr. M. Higgins: I would not go down that road. 37-page summary of what Assistant Com- missioner Carty had uncovered in Donegal. What (Interruptions). did the Minister, Deputy O’Donoghue, do about it? Absolutely nothing. An Ceann Comhairle: The Taoiseach without In November 2001, the then Minister, on the interruption. The Taoiseach should direct his advice of the Attorney General, voted down a remarks through the Chair. motion from the Labour Party, Fine Gael and the Green Party calling for an inquiry into this affair. (Interruptions). The current Minister, Deputy McDowell, came in last week and said if they had known the facts Mr. M. Higgins: On a point of order—— earlier they would have acted earlier. He then went on to accuse me of bluffing when I told him An Ceann Comhairle: There will be no point what was in the Conroy report, saying I had not of order on Leaders’ Questions. read it or seen it. I have the report here now, entitled An investigation carried out by Assistant Mr. M. Higgins: The Taoiseach has chosen to Commissioner Kevin Carty into allegations that mislead the House on development aid. He was members of An Garda Sıóchańa attached to the always against it. That is the truth. Donegal division engaged in criminal and unethical behaviour in the execution of their pro- An Ceann Comhairle: Deputy Michael D. fessional duties between 1994 and 1998. Higgins should resume his seat. An Ceann Comhairle: The Deputy’s two Mr. M. Higgins: He wrote it in his election minutes have concluded. programme and the social partnership programme. Mr. Rabbitte: Every time I raise the issue, the The Taoiseach: I am confident this country will Minister scurries up the back stairs to brief the remain at the highest level, and will be one of the media and muddy the waters. I hope when he first to achieve the target of 0.7%. scurries up today that he brings the report with him and gives the media a copy. Contrary to what (Interruptions). he tried to suggest yesterday, I have seen the report and it would cause the hair on the back of Mr. M. Higgins: You did better than your any reasonable person’s neck to stand up. It is friend, President Bush. reprehensible and indefensible to think that Deputies O’Donoghue and McDowell contrived (Interruptions). to do nothing about it.

Mr. Rabbitte: Without any justification, the Mr. McDowell: That is another untruth. The Taoiseach proposes to call the House to rise on 1 Deputy is shameless. July. The Government will limp off into the summer recess with the ministerial debris of the (Interruptions). parliamentary year still on the front bench. The former Minister for the Environment, Heritage An Ceann Comhairle: I ask the Minister to and Local Government, Deputy Noel Dempsey, allow the Taoiseach without interruption. 1043 Leaders’ 29 June 2005. Questions 1044

The Taoiseach: I will go back over some of the approved the establishment of a tribunal of facts again. inquiry and the drafting of a Bill to amend the Tribunals of Inquiry (Evidence) Act to facilitate Mr. Rabbitte: We want the real facts. the holding of such an inquiry. As I have said a number of times, there was The Taoiseach: In February 1999, Assistant no delay or holding back. The cases were being Commissioner Carty was appointed by the Garda proceeded with and it is the role of the Director Commissioner to investigate allegations that of Public Prosecution to prosecute such cases. gardaı´ in Donegal had engaged in criminal and The Minister for Justice, Equality and Law unethical behaviour. In July 2000, over a year Reform had not got the investigation file. later, Assistant Commissioner Carty submitted his report, which was the investigation file, to the Mr. Howlin: The investigation file is not the Director of Public Prosecutions who is indepen- issue. dent. A few months later, in August 2000, Deputy Commissioner Conroy forwarded a 37-page sum- The Taoiseach: The Attorney General, when mary of the Carty report to the Department of he was asked for advice, said that a tribunal Justice, Equality and Law Reform. This was not would be best but that it could not be held in the Carty report itself. At that stage, the DPP was public while cases were pending. I do not know considering the Carty report and its recommend- why Deputy Rabbitte persists with this issue ations and prosecutions. That is the process. He because all of the records, dates and information would get the file and then consider it. A number are available. I can make a list of these publicly of civil actions relating to Donegal were well available for people to see. I read the full Daíl under way at that stage and a number of com- debate on the matter last night and it is quite plaints were with the Garda Complaints Board. clear what the then Minister, Deputy In light of the controversy at that time, the then O’Donoghue, said to the House on 23 May 2001. Minister, Deputy O’Donoghue, sought a prelimi- It is there for everybody to read. nary opinion from the Attorney General in June 2001 regarding the options open to him to have Mr. Rabbitte: When the Taoiseach reads the the matter inquired into. The Attorney General Daíl debates at night I would ask him to focus on replied immediately that he required sight of the some of the language that he uses because langu- full Carty report before he could furnish an age ceases to have any meaning when he issues a opinion. The Attorney General, while agreeing reply like the one we have just heard. The fact that a public inquiry was the most attractive of the matter is that the then Minister, Deputy option — and he said that — advised that since O’Donoghue, claimed throughout 2001 that he tribunals of inquiry have to be conducted in had the Carty report. As time is limited, I will public, this could seriously prejudice pending furnish one quotation. On 23 May 2001, Deputy prosecutions. A tribunal could not be conducted O’Donoghue said, at column 1414 of the Daíl while prosecutions were ongoing. He also advised debates, “The investigation by Assistant Com- that a tribunal could be established if the truth missioner Carty was completed and presented to did not emerge in the cases that were pending. me and, in turn, to the Director of Public Pros- In November, four or five months later, having ecutions.” That was on 23 May and he repeated consulted the Director of Public Prosecutions, on that point to Deputy Howlin and others. Last foot of the Attorney General’s request to see the Wednesday, 22 June 2005, the Taoiseach came Garda file, the Garda Commissioner gave an into the House and said: “A partial version of the edited version of the Carty report to the Depart- Carty report was eventually furnished in Nov- ment of Justice, Equality and Law Reform. This ember 2001...” That is a straightforward untruth. consisted of those parts of the Carty report con- The report was furnished on 1 August 2000. The sidered to be relevant to the defence of the civil Taoiseach uttered a straightforward untruth and actions related to events in Donegal. This edited he has now picked up the habit of his former version was a bulky document and the Office of Attorney General, Deputy McDowell, of trying the Director of Public Prosecutions remarked to throw sand in people’s eyes about when is the that it would be difficult for persons reading the Carty report not the Carty report; when is the case to make sense of the issues without sight of Carty report the Conroy report; and what is the the papers. In November, Shane Murphy was difference between the report and an investi- appointed to review all the papers and advise on gation file needed for prosecution. Opposition how best to proceed. Deputies were not talking about an investigation The fact is that the full Carty report was given file for prosecution, which was the defence that to the Department in late January of 2002. Mr. the Minister advanced. We were talking about the Murphy submitted his report at the end of the hair-raising report from Mr. Noel Conroy, who same month. The following week, in February acted quite properly and who, within a month of 2002, the Government approved in principle the the report being delivered to Mr. Pat Byrne, sum- establishment of a tribunal of inquiry. That marised it and sent it to the Minister for Justice, approval came a week or ten days after the full Equality and Law Reform in easily intelligible report was given. Just a few days after the full terms. The Minister did nothing and a year and Carty report was given, the Government three months later, when we put down a motion 1045 Leaders’ 29 June 2005. Questions 1046 in the House calling for the matter to be investi- Mr. J. O’Keeffe: Here we have the Taoiseach gated, the Government voted it down. with his three Carty trick — now we see it, now The current Minister, Deputy McDowell, has we do not. stated that he could not engage in such an inquiry because he had not received the full Carty report. The Taoiseach: Deputy Jim O’Keeffe’s other When, as Attorney General, he was advising on profession is law and he should know better than the legal redress scheme and could not get the anybody in this House — with the exception of relevant report because of the secret deal cooked the other legal experts here — that the Minister up by the Taoiseach and Deputy Woods, he quite could not deal with this issue while the Director properly said that he would withdraw from giving of Public Prosecutions had cases before the advice because he could not get the documents courts. He knows that. from Deputy Woods. However, he did not say the same in this case and he has now dropped the Mr. Howlin: Of course he could. Minister, Deputy O’Donoghue, in it to the extent that the poor fellow is ashamed to come into the Mr. J. O’Keeffe: Not only could it be done, it House, go on radio or television or to present was done. himself anywhere. He is properly embarrassed, as he ought to be, about having read the Conroy An Ceann Comhairle: I remind Deputy Jim report and done nothing about it. O’Keeffe that Deputy Rabbitte is quite capable of handling his own Leader’s Questions. The Taoiseach: I have given the facts as they are, from the Attorney General, the Director of The Taoiseach: He is not capable on this issue Public Prosecutions and the Department of because Deputy Howlin keeps helping him. Justice, Equality and Law Reform. I can do no Deputy Howlin asserts that of course the Minister more than that. could deal with the issue, but I say he could not. I have read the Daíl debate and Deputy Rabbitte has quoted only one line from it. In a Mr. Howlin: The Government did it eventually. section of the debate approximately one minute It did exactly that. before the line quoted by Deputy Rabbitte, there is an exchange between Deputies Shatter, The Taoiseach: We introduced in legislation O’Donoghue and Howlin. This part of the later when we got the full report. Official Report states: Mr. Howlin: Why did the Government not act The Deputy asks if I intend to publish the two years earlier? reports of the earlier investigations into allegations of Garda misconduct in the Donegal The Taoiseach: We introduced legislation later area and, in this regard, if I have received the when we got the full report. completed reports from the Garda Com- missioner. On the latter point, the Deputy will Mr. Howlin: The Government did nothing until be aware from recent correspondence that I it was compelled to act. have not seen the investigation file nor would it be normal practice for the Minister to do so. The Taoiseach: The last point I will make, I have, of course, as I have previously informed when Deputy Howlin calms down —— the House, received a report of the assistant commissioner’s investigation from the Garda Mr. Howlin: Would the Taoiseach tell the Commissioner. people of Donegal to calm down also?

The Deputy—— The Taoiseach: Deputy Rabbitte speaks on this matter as if nothing happened but I wish to Mr. Howlin: Deputy O’Donoghue said that he remind the House that it was this Government, had the report. not the Opposition, which identified the solution to the impasse, namely, the enactment of the Mr. Durkan: The Taoiseach is talking about a legislation to enable a tribunal to hold part of its different matter entirely. He is attempting to con- proceedings in private so as to avoid possible fuse the issue. prejudice to court proceedings. That was the solution found by the then Attorney General, The Taoiseach: It is quite clear that the former Deputy McDowell, and the then Minister for Minister states that he has the report. Justice, Equality and Law Reform, Deputy O’Donoghue. They acted totally properly and (Interruptions). correctly.

The Taoiseach: The Minister also explains that Caoimhghı´nO´ Caola´in: There has been no he cannot act on that because it is not the full debate in this House on the report from the report and because there are legal prosecutions National Economic and Social Council, Housing emanating from the Director of Public Pros- in Ireland: Performance and Policy, published six ecutions. months ago. I am not aware of any response from 1047 Leaders’ 29 June 2005. Questions 1048

´ [CaoimhghıńOCaolaín.] The Taoiseach: Some 30% of all houses in the the Minister for the Environment, Heritage and State are new houses which is an enormous Local Government to the recommendations of achievement. The Government is delivering the NESC report. Will the Government accept strongly on social and affordable housing prog- and implement the recommendation that there rammes with 13,000 benefiting under the broad should be an increase in permanent social hous- range of social and affordable housing prog- ing units, owned and managed by local auth- rammes in operation since 2004. Record levels of orities, of the order of some 73,000 units between funding are being allocated to local authorities 2005 and 2012? This is a key recommendation of for their housing programmes this year. The total the NESC. Will the Taoiseach note that the Exchequer provision for both capital and current NESC report cites evidence from other states expenditure for 2005 is \1.3 billion which is 20% showing that only through increased social hous- over the provision figure for last year. This rep- ing provision can the housing crisis in this State resents a seven-fold increase in the past seven be seriously tackled and also the terrible tragedy years. I know the Deputy will be very supportive, of homelessness for so many? as I am, of such investment. Does the Taoiseach accept that Part V of the The Deputy is correct in that changes were Planning and Development Act is failing to made in Part V. The supply of social and afford- deliver social and affordable housing which I able housing has been boosted by the implemen- have acknowledged it has the poten- tation of Part V. It took some time to implement 11 o’clock tial to deliver? Does the Taoiseach the provisions of Part V and there were changes recognise that the subsequent Plan- and delays following much lobbying in the House. ning and Development (Amendment) Act 2002 Whether or not those were justified, I accept allowed developers to shirk their responsibilities delays occurred but it is up and running. It is under the original legislation and through the giv- envisaged that more than 11,000 units will be ing of money, land or units on other devel- delivered from the various affordable schemes opments they are able to avoid the responsibility between this year and in 2007. The needs of a of providing social and affordable houses in key further 6,000 households are expected to be met developments? Is the Taoiseach aware that the through other social housing measures, including Department of the Environment, Heritage and houses completed by the voluntary co-operative Local Government, indicated there were only 390 sector. The long-term housing needs of approxi- units — I ask the Taoiseach to take note of that mately 5,000 current recipients of rent sup- figure — of social and affordable housing pro- plements will be addressed through new rental vided under Part V of the Planning and Develop- accommodation schemes. ment Act up to the end of September 2004? The local authorities are also producing five- Has a cost benefit analysis been carried out on year action plans for social and affordable hous- the transfer of land, the proposed swap of land in ing programmes. The primary aim of these plans Government ownership with developers in is to ensure housing is delivered in a manner exchange for so-called affordable housing units? which breaks the cycle of disadvantage and What has happened to the Government’s so- dependency which still exists in some areas and I called commitment regarding the creation of inte- accept the point made by the Deputy on that grated communities and a living city? The matter. Taoiseach is also a Dublin Deputy. It is clear that The Deputy asked about the transparency of in the heart of Dublin—— the land swaps. The Harcourt Terrace site was the subject of an initial feasibility analysis which (Interruptions). concluded that given its present zoning it would only realise about 30 apartments on site in An Ceann Comhairle: I ask the Deputy to give addition to some commercial developments. The way to the Taoiseach as his time is concluded. analysis found that its maximum value would be extracted by facilitating a commercial develop- CaoimhghıńO´ Caolaín: ——the real effects of ment focused on the owner-occupied market, for what I have outlined are biting deeply into heart- example, a law practice for which demand is land communities. strong in that area. The recommendation was to consider an exchange of the site as a pilot scheme The Taoiseach: The Government was very glad to test the Government’s fast growing approach to receive the NESC report and also the Price- to early delivery of affordable units. The net con- waterhouseCoopers report and the other work sideration for the site was determined in the done on housing. As the Deputy knows, the analysis at \15.6 million which is \2.6 million over Government rate of building social and afford- its pre-sale valuation of \13 million. This equates able housing and housing is higher than anywhere to approximately \39 million per acre for that else in the modern world. It stands at 20 houses area and reflects the top of the range for sale per 1,000 people as against a rate of three houses prices achieved in the city centre. Dublin City per 1,000 people in Britain and five in the Council acted as project managers for the site. United States. Sixteen bids were received on an open tender and Durkan Homes was identified as the prime devel- CaoimhghıńO´ Caolaín: It is not social housing. oper from a short list of three bids. 1049 Leaders’ 29 June 2005. Questions 1050

The advantage is that rather than having a site together are being forced to move out to suburbia which would have required the State to take con- and into far distant counties, including my considerable years to develop — it takes four years stituency. There is clear neglect. As the Taoiseach to complete a building project on a site — the said yesterday, it is time he lifted the telephone State was enabled in a matter of months to go to and talked to his brother in terms of his port- the market and have 193 apartments. One hun- folio responsibility. dred and forty families will be in their apartments by Christmas as a result of this decision and 53 The Taoiseach: The only reason I outlined to more early in the new year, rather than having to the Deputy the transparency in the system is that wait for the longer process. The Government has he said he wanted to ask me two specific ques- now made six other sites available. Any reason- tions, and that was one of them. In that respect, able person would agree this process is a fast- I am sorry if I answered his question. track approach. I accepted the point made in the On the issue of social and affordable housing, House on many occasions. It is a fair point and it we are acutely aware of the need for such hous- was raised by Deputy Rabbitte many times. I am ing. That is why we are putting approximately \2 here again answering questions from Members billion a year into building the record number of because we have effectively done things, as is houses we are now providing. In addition, we are always the case. The Deputy asked if a proper removing the old slums in the heart of the cities, feasibility study was carried out and my reply has where people lived close to each other because shown it was. there had no alternative as there were packed in together, and redeveloping them. CaoimhghıńO´ Caolaín: I thank the Taoiseach for his reply. As this is the last Leaders’ Ques- Ms Burton: There are far fewer new houses tions of this term, the House should deal with the being built. That is the problem. issue being raised, which is social and affordable housing. The Taoiseach refers to the building The Taoiseach: We are doing that in Cherry programme in total which includes private build- Orchard, Ballymun, Oliver Bond flats and estates ing which we know is currently at an unpre- throughout the inner city. We are providing new cedented level. However, that will not address the homes and housing under major programmes. focus of my question which is the 50,000 housing units for people who are still on local authority CaoimhghıńO´ Caolaín: The Taoiseach has waiting lists throughout this jurisdiction. When cited instances of which I know. What is being the Taoiseach refers to a cost benefit analysis done in regard to the Oliver Bond flats? regarding specific cases, under any cost benefit analysis there would be a greater return for this An Ceann Comhairle: Allow the Taoiseach to State if the lands were given to local authorities continue without interruption. rather than in swaps with private developers.This is what is needed. What of the NESC recom- The Taoiseach: The Deputy mentioned the mendation in respect of a tax on second homes? inner city. Part V of the legislation enables local Many of those new homes in that private sector authorities to provide houses in areas where they area are being bought by investors and property would not have been able to provide them pre- speculators, people who are buying second and viously, and that arrangement is working. In most subsequent homes—— of the new schemes being built the local authorities have successfully negotiated that a portion Mr. M. Higgins: Hear, hear. of the units will be allocated to tenants on the list. This is very helpful and is happening in respect CaoimhghıńO´ Caolaín: ——only to become of every development. landlords and rack-rent landlords as is often the case. CaoimhghıńO´ Caolaín: If the Taoiseach wants to fast-track matters, he should adopt the recom- Mr. Treacy: Illegal money. mendations of the NESC report.

Mr. J. Brady: There was a lot of that in the An Ceann Comhairle: I ask the Deputy to Opposition’s day. allow the Taoiseach to continue.

Caoimhghı´nO´ Caola´in: Is it the Government’s The Taoiseach: The NESC report is very help- intention to act on that recommendation of the ful and is being used—— NESC? What is the Taoiseach’s position in respect of the continuation of section 23 tax relief Mr. Morgan: When will we debate it? when clearly it is contributing to ever spiralling house prices particularly in the city of Dublin The Taoiseach: ——in terms of provisions on where it is having a devastating effect on the foot of decisions we have made. The announce- potential of young couples to aspire to first-time ment last week of the establishment of the home buyer status? It is having devastating con- Affordable Homes Partnership under the 1971 sequences. Centre city communities are being Act is designed to pull together the four local ravaged. Those who have lived generationally authorities in Dublin—— 1051 Ceisteanna — 29 June 2005. Questions 1052

Aengus O´ Snodaigh: That is for the developers serves is complementary in helping to identify and speculators. and overcome obstacles to effective participation in these wider processes. The body will continue The Taoiseach: ——to try to co-ordinate to meet, as necessary, to this end. activity to increase the number of affordable I addressed the Biennial Conference of the houses. Irish Congress of Trade Unions in the Waterfront Hall in Belfast on Thursday last. In the course of Aengus O´ Snodaigh: What is being done to my speech, I addressed the issue of housing. One provide social housing? of the central issues in housing is affordability, and we have for some time been working to The Taoiseach: This is proving to be highly suc- provide increased numbers of affordable houses cessful and we will continue in this direction in under a variety of schemes, including the afford- the months and years ahead. able housing initiative which we agreed with the social partners in Sustaining Progress. An Ceann Comhairle: For the benefit of the While considerable progress has been made, House, I point out that we went 18 minutes over our priority now must be accelerating delivery of time on Leaders’ Questions. The Chair requests affordable housing units. In this context, I all leaders before the autumn to try to find a way announced during my speech in Belfast that we of living within the Standing Order which pro- are creating a new agency, to be known as the vides for seven minutes per question or the Chair affordable homes partnership. will have to find a way to ensure this. The role of the AHP will be to drive and co- ordinate the delivery of affordable housing in the Ceisteanna — Questions. greater Dublin area, with particular reference to the Dublin metropolitan area. The AHP will help ———— to accelerate the Sustaining Progress affordable housing initiative on State land, and will work Social Partnership Agreement. closely with relevant Departments and local auth- 1. Mr. Kenny asked the Taoiseach if he will orities to ensure a “whole of Government” report on the recent work of the National Imple- approach to affordable housing developments. mentation Body; and if he will make a statement In the first instance, the agency will be working on the matter. [20756/05] within the existing planning and development framework. However, if additional legislative 2. Mr. Rabbitte asked the Taoiseach if he will powers prove to be necessary, they will be made report on the recent work of the National Imple- available. In the meantime, consideration is to be mentation Body; and if he will make a statement given to approaches dealing with land options on the matter. [22234/05] and a “use it or lose it” scheme. 3. Mr. Sargent asked the Taoiseach if he will The Government intends to address more report on his speech to the ICTU conference in medium-term issues for the provision of social Belfast; and if he will make a statement on the and affordable housing in the early autumn. This matter. [22338/05] process will be informed by the outcome of the statutory housing needs assessment currently 4. Mr. Sargent asked the Taoiseach if he will under way and the work under way by the Hous- report on the recent work of the National Imple- ing Forum in reviewing the effectiveness of the mentation Body; and if he will make a statement existing social and affordable housing schemes in on the matter. [22555/05] the context of Sustaining Progress. The Taoiseach: I propose to take Questions A copy of my address to the conference has Nos. 1 to 4, inclusive, together. been laid in the Oireachtas Library. The National Implementation Body, which includes employer and trade union representa- Mr. Kenny: The National Implementation tives, operates under the chairmanship of my Body met recently to discuss the difficulties Department. Its purpose is to oversee delivery of between the Department of Health and Children, the industrial peace and stability provisions of the the Health Service Employers’ Agency and the Sustaining Progress agreement. Irish Nurses Organisation in regard to the full The body has met on a number of occasions implementation of the health care assistants’ recently to assist in the resolution of industrial programme. Part of the recommendations, as the relations disputes in both the public and private Taoiseach will be aware, was the establishment sectors. Meetings of the body also provide oppor- of a high level group representative of the main tunities for informal discussion of some of the interest groups, including An Bord Altranais, to broader issues relating to the social partnership examine the outstanding recommendations con- process and the industrial relations climate tained in a report termed the Effective Utilisation generally. of Professional Skills of Nurses and Midwives and I should make clear that the National Imple- that such work should be finished by September mentation Body does not seek in any way to 2005. Was that high level representative group set duplicate or substitute for already well-estab- up and, if so, it is currently carrying out that lished industrial relations machinery. The role it analysis? Does the Taoiseach expect it will have 1053 Ceisteanna — 29 June 2005. Questions 1054 concluded its business by September of this year? as taxpayers, know that we are getting value for Does he consider any further action needs to be money? If we take Harcourt Street as an taken at this point by the National Implemen- example, is everything tied up and are the “i’s” tation Body? Does he have information as to how dotted and the “t’s” crossed in terms of what many cases that body considered during the past exactly is the quid pro quo for the swap, the alter- 12 months? native locations the developer who will benefit In respect of the threatened strike of nurses from getting Harcourt Street is offering, how intended to take place in June but which was many units can be put on them, etc.? averted once the pay increases of between 3.5% Has the Taoiseach any concerns about inner and 5.5% were not withheld and were paid by 1 city regeneration and building, in the sense that June, does the Taoiseach consider the issue of it seems what we are encouraging here is the con- acuity recognition in terms of the degree of press- struction of more office blocks? The people ure, stress and responsibility with which various working in those office blocks will be put out in aspects of the nursing profession have to deal the commuter belt and they will have to commute should be considered under the benchmarking to the office blocks in the city and so on. I know process? there has been unconscionable delay. The then Minister for the Environment and Local Govern- The Taoiseach: I do not have information on ment, Deputy Dempsey, tried to address some of the number of meetings of this body. these issues when he held that office. Is the plan well thought out to gift these valuable sites to Mr. Kenny: That is okay, the Taoiseach can developers in return for housing elsewhere, with forward me that information. all the implications for city living that are involved? The Taoiseach: Since the beginning of 2004 it has met 15 or 16 times. The Taoiseach: Before I go to those questions, I should make it clear that there are no gifts Mr. Kenny: The Taoiseach can forward me involved in this initiative. It is a commercial deal, that information. a swap, with costs being put on the sale. The details have been worked out and I will go The Taoiseach: In regard to the health care through some of them. There is nothing for assistants’ programme, the body met the management side and the INO representatives. Following nothing for anyone. Dublin City Council man- those discussions, the body noted that the INO aged the project and professional assessments had no principal objection to the implementation were made of what the site could be used for. of the modules of the health care assistants’ prog- The advantage in terms of the Harcourt Street ramme and it recommended immediate and full analysis is that planning would be forthcoming for co-operation with all the preparation and training 30 apartments, with a commercial use for another arrangements. It recommended the establish- part of the site. If this were to be done in the ment, as the Deputy mentioned, of a high level inner city as a private project, given all the time group representative of An Bord Altranais to it takes to do these things, it would take four examine the outstanding lists. This work is years at best. The largest developers will say that ongoing and will be completed by the end of it takes between four and six years from the time September. It also noted the issue of nursing they purchase a site to getting a likely return on practice and delegation. some of it. I have had endless information from In regard to what should be included in the all the local authorities which confirms that this benchmarking process, it is a matter for individ- is case. I do not quite understand why it takes so ual groups to make their cases and put forward long, but apparently that is how it works. their submissions. They can do that under the In this case, Durkan, the developer, won the benchmarking process. The issue raised by the contract out of 16 tenders. There was no shortage Deputy is, to the best of my knowledge, a legit- of applicants. Eventually there was a shortlist of imate issue that the profession can put forward three and Durkan ultimately won. It will have 140 under those arrangements. of these units in south Dublin ready by Christmas and people will be occupying them, as well as Mr. Rabbitte: I refer to the Taoiseach’s address another 52 units. For the swap of that site we will to the congress in Belfast. Will he say something build 30 units or perhaps more. By early in the more about the new affordable homes partner- New Year, within nine months of the deal being ship agency? Is it in place? If not, when will it be completed a month ago, we will get 192 units. In put in place? Of how many people will the agency all of this Dublin City Council is doing the project comprise? Mr. Des Geraghty has agreed to act as management. There is no point in another group chairman. What other kinds of people will be on doing it. It is best to do it that way. I can give the the agency? Will the powers be vested in them Deputy some details about the initiative itself. to gift lands to developers in return for housing The initiative comes about from the experience elsewhere? Has the Taoiseach any concerns as to gained in the past few years regarding the agree- whether there is a value for money question to ment on the 10,000 sites. We were able to get the be addressed regarding, say, an immensely valu- sites but it was an exceedingly slow process to get able site such as Harcourt Street? How do we, on with matters. 1055 Ceisteanna — 29 June 2005. Questions 1056

[The Taoiseach.] housing availability and development. In fulfilling The Affordable Homes Partnership will be its communication role, it will work with local established as a corporate body under the Local authorities to simplify contact by members of the Government Services (Corporate Bodies) Act public on the choices available and the tailoring 1971. The reason is that it can be done immedi- of individual requirements. There are now about ately and we can get ahead forthwith. The estab- eight or nine different schemes. lishment order for the partnership will be made Regarding the priority of increasing affordable shortly by the Minister for the Environment, housing in the Dublin metropolitan area, the Heritage and Local Government and will be cir- partnership will be mandated to ensure that the culated in the Houses of the Oireachtas. It will annual target of at least 16,000 units identified for provide a statutory structure around which a Dublin is met. As a particular requirement this board and support staff may be put in place will ensure that the response is aimed at address- immediately. The Affordable Homes Partnership ing issues of affordability that remain a significant will be subject to public service corporate govern- source of concern. In this area, the growth of ance disciplines, including audit and appropriate commuter-based development in Dublin and sur- ethics requirements. Initially the board will con- rounding counties has resulted in significant sist of seven members, the managers of the four human, social and economic costs due to the defi- Dublin local authorities and three independent cit in affordable housing in the capital. Therefore members. Mr. Des Geraghty has been invited to it is important that supply contains a sufficient serve as chairman and has agreed. The names of component within the affordable category, the other independent members will be whether as private housing or under the afford- announced, I hope, within the next week. able schemes. The partnership will have an experienced chief In order to increase the supply of land available executive and a small dedicated staff comprising for affordable housing in the greater Dublin area, personnel with a proven track record, principally the Affordable Homes Partnership, as one of its on secondment in the early stages. It is a question earliest tasks, will call for proposals from the hol- of initially seconding people with proven experi- ders of land that may be suitable for housing ence in this area, rather than going through a long development, including land that is not currently interviewing process. The chief executive will be zoned for housing, regardless of its ownership. In an ex officio member of the board. Arrangements order to assist the progressing of development of have already been put in place for the appoint- suitable lands using existing planning mechan- ment of the chief executive and other staff. isms, the Minister for the Environment, Heritage The Affordable Homes Partnership will have and Local Government intends to issue policy responsibility for a range of tasks, mainly for a guidance which will reinforce the policy context short-term period of three years, at least initially. in which zoning and planning decisions take It will drive and co-ordinate the delivery of all account of the goal of providing additional hous- affordable housing development, that is, quality ing in the affordable category. houses at a reasonable cost in the greater Dublin The partnership will undertake an audit of area. In conducting its role the partnership will their lands with local authorities with a view to pay particular attention to increasing supply the most active use of such holdings for afford- within the Dublin metropolitan area, with regard able housing schemes. The principle to be used in to the local authorities’ five year action plans on this initiative is that the land should be located in sociable and affordable housing. The partnership an area where there is a need for such housing, will co-ordinate approaches as regards the to ensure that suitable development land is adjac- development of supporting infrastructure, such as ent to existing developments and capable of inte- transport, water, education and other community gration with such settlements — community facilities. The approach will be to prioritise pro- facilities, schools, public transport — and the jects within existing capital envelopes in a con- land, ideally, should be capable of being built certed and co-ordinated way to facilitate the upon within a short timescale. It should be necessary affordable housing. serviced or serviceable. It is intended that the partnership will take Value for money will be based on the final unit responsibility, as far as practicable, for the costs of housing, including any servicing, having present affordable housing system — that is the regard to specified quality and timescales of 10,000 sites on State lands in the greater Dublin delivery. I have quite an amount of detail on area, where it is necessary that this initiative swaps. Perhaps I will send Deputy Rabbitte a should lead to their accelerated development. memorandum on that area. On the basis that The partnership will be tasked to undertake a ser- everyone believes the Harcourt Street project is ies of measures to bring additional land for hous- a great success — I hope it will be and something ing development, including the consideration of does not happen — a second phase will begin on proposals from builders, developers or local auth- Harcourt Street because only a small area was orities for the utilisation of lands not currently tested in the pilot project. zoned for housing but which may be suitable for Land at Gormanston, Model Farm in Cork, development. Athenry, Magee Barracks and Backweston is also The partnership will also publicise and com- being put on the market to see what it can gener- municate with the public in general on affordable ate. Most of these sites are not serviceable and it 1057 Ceisteanna — 29 June 2005. Questions 1058 will take a considerable amount of time for the An Ceann Comhairle: I call Deputy Sargent. State to make them serviceable. In this way, it is hoped we will get serviceable sites either built or The Taoiseach: I wish to make one further about to be built, rather than stretching out the point in case I cause confusion. The partnership process until 2010 which would be the case with- will look after any of the 10,000 sites located out a swap. We will probably not get the same within the Dublin metropolitan area. Any sites interest — I hope we do — or value as for the outside the area will be looked after elsewhere. Harcourt Street site where we are getting 190 The partnership wants to keep the system small apartments for a relatively small site. At least the by having a small board and staff, using local other sites would speed up the process but, again, authority structures and seconding staff rather it would have to be project managed by local than getting into the interview process and trying authorities, instead of the State also getting to make a big impact. involved. It is worth making this effort to have Another issue of interest has not yet emerged the land developed because the other way is pain- and Deputy Rabbitte’s question offers an oppor- fully slow. tunity to raise it. Everybody gives out that there The issue which interests me in swapping sites is a lot of land around Dublin, often lying derelict and the reason I went with this approach, or used for anti-social behaviour, which is some- although I can always see the dangers in these times owned by the local authority and some- kinds of things, is that the affordable selling price times owned by God knows who. I am sure for the units after the swap involving the Har- Deputy Rabbitte will have had the same experi- court Street site will be between \150,000 and ence of this in his constituency as I have had in \170,000, an average discount of 33% of the mine. If a developer or local authority believes it market value. For the citizen, our constituents, could put this land, which is not zoned, into use, this is a considerable reduction. In this case, the it could propose a project to the partnership. The individual on the list is given good quality housing partnership, within the existing structures, would in a good area for a very attractive price. then try to fast-track the development of the land purely for affordable initiatives, taking into Mr. Rabbitte: I thank the Taoiseach for his account the needs of local residents. I have made reply. I would appreciate getting the information the point to the partnership that if it were to try he promised to allow me to examine the matter to make it attractive for local residents to get rid in more detail. To help me understand the con- of what is probably an eyesore by guaranteeing cept, does the Taoiseach have a figure on file for some local participation in the affordable housing the value of the Harcourt Street site? I under- allocation, such projects could become quite stand he indicated that the agency is charged with attractive operations. If local residents believe it delivery of the entire 10,000 units and that, is house building for the general housing pool, whereas other sites in the ownership of the State they will probably not find it attractive. It will be will be put out to tender, the agency will not be interesting to see what emerges in regard to this prevented from developing some sites in its pos- aspect of the plan which has not had much of an session if it wishes to go through the procedure airing, although it should have been aired and deliver houses itself. Is that correct? because if many of the nuisance sites could be brought to the agency and planning and zoning The Taoiseach: The value for money analysis were quickly secured, not alone could one get of the Harcourt Street site was carried out as part more affordable housing but one would also get of an open and transparent procurement process rid of many of the nuisance sites. conducted by Dublin City Council, as the project manager for the site. The site was put out to ten- Mr. Sargent: I will ask two questions relating der and 16 bids were received and evaluated to the Taoiseach’s speech to the Irish Congress of against predetermined criteria. A shortlist of Trade Unions in Belfast. ICTU has set out a three bids was examined and Durkan Homes was number of priorities in advance of the new round identified as the preferred bidder. We are receiv- of partnership talks. Top of its list is tackling the ing a net consideration for the site of \15.6 mil- widening gap between the low and high paid, lion, which is in excess of \2.6 million above its which is not new. Given the growth in this gap pre-sale valuation of \13 million. This equates to under Governments led by the Taoiseach, does \39 million per acre, a frightening figure but that he foresee a time when we will be able to turn is how the world is today. It reflects the top of around this trend and effectively reduce the gap the range of sale prices achieved in the city centre to bring about some equity? in recent years. It is extraordinary stuff. My second question is related to the affordable homes partnership plan. I assume the creation of Mr. Rabbitte: Are the 190 units in south Dublin the partnership is an acknowledgement by the almost complete? Taoiseach of the failure to quickly meet the commitment to build 10,000 social housing units. It is The Taoiseach: I have been assured that 140 of clear the plan is a good deal for developers who the units will be occupied before Christmas and will no doubt be happy to get their hands on the other 52 will be occupied within a period of lucrative land in return for building what are nine months. That is the benefit. known as affordable homes. I understand the 1059 Requests to move Adjournment of 29 June 2005. Da´il under Standing Order 31 1060

[Mr. Sargent.] The Taoiseach: The only lift they get in the affordable homes in question will be sold at 20% entire year is the nine to ten weeks when people below market price, whereas the Taoiseach indi- visit during the summer. cated to Deputy Rabbitte that they will be sold at 33% below market price. Will he clarify the Mr. Durkan: Does this mean we are only fol- difference? lowing assumption? What criteria will govern the selection of the lucky developers who will be charged with taking The Taoiseach: Recently the President of responsibility for delivery of the partnership pro- Serbia and Montenegro informed me that the ject? Will selection be determined simply by the leading investors in property in his state are Irish price given to the State or will the criteria include people. Do we have to send them to Serbia and obligations on the developers to pay subcontrac- Montenegro rather than the west for a summer tors they engage promptly and operate to a set of house? standards laid down by the Government? Will the Taoiseach outline what such criteria might be, Mr. Morgan: That has nothing to do with the given the experience of a significant number of cost of housing in Galway. subcontractors who protested outside the House yesterday, having been effectively stung for hun- CaoimhghıńO´ Caolaín: There are two Galway dreds of thousands of euro owed to them by con- men sitting behind the Taoiseach. I can assure tractors working in the pay of local authorities? I him that—— understand the Taoiseach is aware of the matter. What criteria are in place to prevent a recurrence Mr. Treacy: We love visitors every day. of this type of serious non-payment of Bills? CaoimhghıńO´ Caolaín: ——there are many The Taoiseach: As always, the Deputy has tried families in Galway concerned about property to turn the issue around by saying the partnership prices. offers good value to the developer when everybody else believes it offers good value to the indi- An Ceann Comhairle: Allow the Taoiseach to viduals concerned, as I have outlined. The argu- conclude. ment as to whether tax reliefs should be The Taoiseach: I never make personal remarks continued is fair. The Minister for Finance is ´ reviewing these. but Deputy O Caolaín’s party is not too bad for The analysis the Deputy has come to is that having second homes. approximately 300,000 people have homes outside the country. I believe that he has come to Mr. Durkan: Country hideaways. this analysis himself. I am not going to tell people not to have a second home. I am not ideologically Mr. F. McGrath: Safe houses. opposed to people having a second home. It is Mr. Morgan: Tax them, that is what we are difficult enough to live in one. saying. Mr. F. McGrath: The Taoiseach has none in An Ceann Comhairle: Allow the Taoiseach Kerry. without interruption.

Mr. Kenny: They are good for hanging baskets. The Taoiseach: What is wrong if people can afford a large or a small second house in a coun- The Taoiseach: I do not know why people want try area and go there with their children for long seven or eight homes if they make money on weekends and summer holidays? them. If I had a house down in Mayo, I would make no apologies for it. Mr. Naughten: The social welfare system must be good. Mr. F. McGrath: Does he have one in a place called An Daingean? Requests to move Adjournment of Da´il under The Taoiseach: This argument emerges at this Standing Order 31. time of the year. However, many of the villages An Ceann Comhairle: Before coming to the on the western seaboard are very happy to see Order of Business I propose to deal with a people coming from the greater Dublin area for number of notices under Standing Order 31. I call the summer season. on Deputies in the order in which they submitted their notices to my office. Mr. Morgan: They are not happy. Mr. F. McGrath: I seek the adjournment of the The Taoiseach: They are happy. Da´il under Standing Order 31 to raise a matter of national importance, namely, the developing Mr. Morgan: They are not because it is putting crisis at Global Mobile Vision and the urgent up the cost of housing for many of them. need to assist staff and customers. 1061 Order of 29 June 2005. Business 1062

Dr. Cowley: I seek the adjournment of the Daíl clusion after 65 minutes and the following under Standing Order 31 to raise a matter of arrangements shall apply: the speech of a Mini- national importance, namely, that landowners ster or Minister of State and of the main spokes- and residents of Rossport, County Mayo, who are persons for the Fine Gael Party, the Labour Party in mortal fear for their lives, are being thrown and the Technical Group, who shall be called into jail because they are asserting their right to upon in that order, shall not exceed 15 minutes live on their own property without a potentially in each case, Members may share time and a lethal high pressure gas pipeline being imposed Minister or Minister of State shall be called upon on them. It is a disgrace. to make a speech in reply which shall not exceed five minutes; the proceedings on the resumed Mr. Treacy: Deputy Cowley is anti-develop- Report and Final Stages of No. 28 shall be taken ment and anti-the west. today and shall, if not previously concluded, be Mr. F. McGrath: Michael Davitt lives on. brought to a conclusion at 6 p.m. by one question which shall be put from the Chair and which shall, Mr. Sargent: I seek the adjournment of the Daíl in relation to amendments, include only those set under Standing Order 31 to raise a matter of down or accepted by the Minister for Agriculture national importance, namely, to plan for the and Food; the following arrangements shall apply potential growth in biofuel production which in relation to No. 2: the proceedings on Second could supply as much oil as Ireland uses in elec- Stage shall, if not previously concluded, be tricity generation or five times the amount of brought to a conclusion at 9.30 p.m. tonight, the diesel our entire public transport fleet requires opening speech of a Minister or Minister of State each year if just one seventh of land in pasture and of the main spokespersons for the Fine Gael were converted to biofuel production as detailed Party, the Labour Party and the Technical Group, in a Green Party study and how such a move who shall be called upon in that order, shall not would greatly improve our efforts with the exceed 15 minutes in each case, the speech of Kyoto Protocol. each other member called upon shall not exceed ten minutes in each case, Members may share Mr. Morgan: I seek the adjournment of the time and a Minister or Minister of State shall be Daíl under Standing Order 31 to raise a matter of called upon to make a speech in reply which shall public concern, namely, the threat of legal action not exceed five minutes; the proceedings on the hanging over local landowners at Rossport, Committee and Remaining Stages of No. 2 shall, County Mayo, two of whom have been commit- if not previously concluded, be brought to a con- ted to prison this morning, who are objecting on clusion at 10 p.m. by one question which shall be health and safety grounds to the proposed gas put from the Chair and which shall, in relation pipeline there. The wrong people have been put in jail. to amendments, include only those set down or accepted by the Minister for Transport. An Ceann Comhairle: Having considered the Private Members’ Business shall be No. 56, matters raised, I do not consider them to be in motion re G8 Summit and overseas development order under Standing Order 31. aid (resumed), to conclude at 8.30 p.m.

An Ceann Comhairle: There are five proposals Order of Business. to be put to the House. Is the proposal for the The Taoiseach: It is proposed to take No.18, late sitting agreed to? motion re proposed approval by Daíl E´ ireann for a Council Decision on the exchange of infor- Mr. Rabbitte: It is not agreed. This schedule mation and co-operation concerning terrorist brings to 17 the number of items guillotined or offences, back from committee; No. 19, motion re taken without debate, which is hard to justify. We ´ proposed approval by Daíl Eireann of the Plan- are providing for a late sitting despite the House ning and Development Regulations 2005; No. 28, deciding to rise as early as 1 July. Can I remind Veterinary Practice Bill 2004 [Seanad] — Report the Ceann Comhairle that this is the fourth and Final Stages (resumed); No. 2 , International revised schedule of business this week? The Interests in Mobile Equipment (Cape Town Government now proposes on Friday to intro- Convention) Bill 2005 [Seanad] — Second and duce a Bill and take all Stages. This is the fourth Subsequent Stages; No. 29, Driver Testing and Standards Authority Bill 2004 — Second Stage time the Government has put through all Stages (resumed); No. 30, Health and Social Care Pro- of a Bill in a single sitting without notice to the fessionals Bill 2004 [Seanad] — Second Stage Opposition. For those reasons, I cannot see how (resumed). it is acceptable for the Taoiseach to cause the It is proposed, notwithstanding anything in House to rise so early and, at the same time, Standing Orders, that the Daíl shall sit later than introduce an Order of Business that requires us 8.30 p.m. tonight and business shall be interrup- to sit until 10 p.m. ted not later than 10 p.m.; No. 18 shall be decided without debate; the proceedings on No. 19 shall, Question, “That the late sitting be agreed to,” if not previously concluded, be brought to a con- put and declared carried. 1063 Order of 29 June 2005. Business 1064

An Ceann Comhairle: Is the proposal for deal- to 30 minutes so we can facilitate the passage of ing with No. 18, motion re proposed approval by this legislation. I ask the Government to look at Daíl E´ ireann for a Council decision without this again and provide us with the facility to debate, agreed to? address both the legislation in the House and the issue in the committee meeting, rather than con- CaoimhghıńO´ Caolaín: We have no report ducting both matters at the same time. from the committee’s deliberations on this motion. I have had no sight of it. It is imperative The Taoiseach: I will ask the Whip to contact that we have a full debate on what is the Chairman of the Joint Committee on Agri- 12 o’clock an important element of the overall culture and Food with a view to arranging some- EU action plan. This has implications thing. The time of the debate in this House for our security, our civil liberties and our human cannot be changed but perhaps the committee rights. All these matters are affected by the con- can change the time of its meeting. tent of the proposition and, more importantly, in the context of the EU action plan which was Mr. Naughten: If the Whip had not changed introduced four years ago and yet the House has the time from last week to this week, this could never debated it. It is irrelevant of what one’s have been facilitated. However, it has been view may be of its content. Whatever opinion I chopped and changed without any discussion tak- may have, others may have one that is totally con- ing place, even though the committee meeting has trary. On principle, the House should be address- been scheduled for the last four weeks. ing the proposal. The greater number of Members simply do not know what it contains or The Taoiseach: It is an important issue. what effects it may have on the rights of citizens An Ceann Comhairle: Is the proposal for deal- of this State and other EU member states. The ing with No. 28, conclusion of Report and Final House should not permit something to go Stages of the Veterinary Practice Bill 2004 through on a nod and a wink without Members agreed? Agreed. fulfilling their duty of proper inspection. That is Is the proposal for dealing with No. 2, con- why I again object to No. 18 proceeding as clusion of Second and Remaining Stages of the proposed. International Interests in Mobile Equipment (Cape Town Convention) Bill 2005 agreed? Question, “That the proposal for dealing with No. 18, motion re proposed approval by Daíl Mr. Stagg: I wish to put on the record of the E´ ireann for a Council decision without debate be House that the use of the guillotine in this wide- agreed to” put and declared carried. spread manner on a long list of Bills is simply unacceptable. It is bad parliamentary practice and An Ceann Comhairle: Is the proposal for deal- is relatively new, particularly since, as my party ing with No. 19, motion re proposed approval by leader, Deputy Rabbitte stated earlier, the House ´ Daíl Eireann of the Planning and Development is breaking for three months. Hence, if the House Regulations 2005 agreed? Agreed. wishes, there is plenty of time to have a debate Is the proposal for dealing with No. 28, con- without guillotining the Bill. clusion of Report and Final Stages of the Veterin- ary Practice Bill 2004 agreed? CaoimhghıńO´ Caolaín: I also wish to object to the application of the guillotine once again in Mr. Naughten: The proposal regarding No. 28 respect of a number of items, including the last is not agreed. While Deputies Upton, Crawford one. It is uncalled for and is unnecessary. As a and I are supposed to be debating the Report preference, the Government should allow the Stage amendments in the House, we are also sup- opportunity for full participation by Members posed to be attending a meeting of the Joint and the guillotine is wrong in principle unless Committee on Agriculture and Food to discuss there are specific reasons for it. I acknowledge Teagasc’s closures of profitable offices around that such reasons have presented themselves in the country. It is impossible for us to be in two the past, but in the normal course, it should not places at once and we indicated this to the Whip be the Government’s first option. earlier. Question put: “That the proposal for dealing Mr. Kelleher: Why did I not hear about it? with No. 2, conclusion of Second and Remaining Stages of the International Interests in Mobile Mr. Naughten: The solution is to restrict the Equipment (Cape Town Convention) Bill 2005 discussion on the closure of the Teagasc offices be agreed to.” 1065 Order of 29 June 2005. Business 1066

The Da´il divided: Ta´, 68; Nı´l, 53.

Ta´

Ahern, Bertie. Healy-Rae, Jackie. Ahern, Michael. Hoctor, Maíre. Ahern, Noel. Keaveney, Cecilia. Andrews, Barry. Kelleher, Billy. Ardagh, Seań. Kelly, Peter. Blaney, Niall. Kirk, Seamus. Brady, Johnny. Kitt, Tom. Browne, John. Lenihan, Brian. Callanan, Joe. Martin, Michea´l. Callely, Ivor. McDowell, Michael. Carey, Pat. McEllistrim, Thomas. Carty, John. McGuinness, John. Cassidy, Donie. Moloney, John. Collins, Michael. Moynihan, Donal. Cooper-Flynn, Beverley. Moynihan, Michael. Cregan, John. Mulcahy, Michael. Cullen, Martin. Nolan, M.J. Curran, John. O´ Cuı´v, E´ amon. Davern, Noel. O´ Fearghaı´l, Seań. Dempsey, Noel. O’Dea, Willie. Dempsey, Tony. O’Donnell, Liz. Dennehy, John. O’Donovan, Denis. Devins, Jimmy. O’Keeffe, Batt. Ellis, John. O’Keeffe, Ned. Finneran, Michael. O’Malley, Fiona. Fitzpatrick, Dermot. O’Malley, Tim. Fleming, Seań. Parlon, Tom. Fox, Mildred. Power, Peter. Gallagher, Pat The Cope. Roche, Dick. Glennon, Jim. Sexton, Mae. Grealish, Noel. Smith, Brendan. Hanafin, Mary. Treacy, Noel. Harney, Mary. Walsh, Joe. Haughey, Seań. Woods, Michael.

Nı´l

Allen, Bernard. Mitchell, Olivia. Breen, Pat. Morgan, Arthur. Broughan, Thomas P. Murphy, Catherine. Burton, Joan. Murphy, Gerard. Connaughton, Paul. Naughten, Denis. Costello, Joe. Neville, Dan. Cowley, Jerry. O´ Caolaín, Caoimhghıń. Crawford, Seymour. O´ Snodaigh, Aengus. Deasy, John. O’Dowd, Fergus. Durkan, Bernard J. O’Keeffe, Jim. English, Damien. O’Shea, Brian. Enright, Olwyn. Pattison, Seamus. Gilmore, Eamon. Penrose, Willie. Gogarty, Paul. Perry, John. Gormley, John. Quinn, Ruairi. Gregory, Tony. Rabbitte, Pat. Hayes, Tom. Ryan, Seań. Higgins, Michael D. Sargent, Trevor. Howlin, Brendan. Sherlock, Joe. Kehoe, Paul. Shortall, Ro´ isıń. Kenny, Enda. Stagg, Emmet. Lynch, Kathleen. Stanton, David. McCormack, Padraic. Timmins, Billy. McGrath, Finian. Twomey, Liam. McGrath, Paul. Upton, Mary. McHugh, Paddy. Wall, Jack. McManus, Liz.

Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies Kehoe and Stagg.

Question declared carried. the House before the summer recess unless he turns up tomorrow. Nine of the 13 Bills on the Mr. Kenny: A matter raised by the Taoiseach, list published by the Chief Whip, which were due on behalf of the Government, has been about to be published, have not been. These include the competency and this is the last time he will be in Abbotstown sports campus Bill, the energy 1067 Order of 29 June 2005. Business 1068

[Mr. Kenny.] gation Bill has been approved by the Govern- (miscellaneous provisions) Bill, the Foyle and ment and is awaiting publication. There are four Carlingford fisheries Bill, the sea fisheries Bill, Bills not on the list, namely the British-Irish the employment permits Bill, the employees Agreement (Amendment) Bill, the Landlord and (provision of information and consultation) Bill, Tenant (Ground Rents) Bill, the Air Navigation the diplomatic relations and immunities Transport (Indemnities) Bill and the Civil Regis- (amendment) Bill, the criminal justice tration Bill, which were taken. (international co-operation) Bill and the tribunals We have published 25 Bills since last summer. of inquiry (evidence) (amendment) Bill. Only We will publish several more over the next few four of the 13 Bills listed have been published. weeks. I thank the House for enacting 22 Bills That is an appalling record. since last September, which is a large amount of The Chief Whip, after due consideration by the legislation. If we could change the schedule to Cabinet, published the work for the Legislature spend more time legislating, it would certainly for this session, that is, 13 Bills to be published help the process. That is the real problem. and debated in the House, but we find at the end of the session that nine have not been published. Mr. Rabbitte: I am not sure what the Taoiseach That is an appalling record in terms of com- means by that last remark. It has often been made petency. It does down the Chief Whip who by some of his Ministers as well. Is he suggesting struggles away against the vagaries of politics that we put those Bills through on the nod? Many each week. Will the Taoiseach comment on that? pieces of legislation that have gone through this Can we have an assurance that when the House House have got inadequate time and scrutiny. comes back, the list of Bills proposed to be pub- The Taoiseach knows that. He has Ministers who lished for the autumn session will be realistic and would like to dispense with Parliament, make law that Deputies will know it is seriously intended to in their offices and deal with the media outside. deal with the body of work on the list produced by the Cabinet? Mr. J. O’Keeffe: The next step is dictatorship.

The Taoiseach: There are two issues. We have Mr. Rabbitte: The Minister for Justice, just had a vote on a Bill which passed all Stages Equality and Law Reform, Deputy McDowell, is in the Seanad where it was introduced and we probably giving another briefing at this moment. now want to pass it in the Da´il. It is a short, tech- As far as Ministers like him are concerned, the nical Bill which was opposed even though it helps Da´il is an irritant. Now I hear the Taoiseach an Internet based aircraft register which will be wishes to make an assault on one of the few based in Ireland. It was opposed not because elements of parliamentary accountability, which Deputies were against the Bill but because the is Leaders’ Questions. He will try to neuter it Chief Whip is trying to complete Bills from 2004 before the next parliamentary session. which have been around for a long time. There is Was the work permits Bill published this morn- not much point in putting forward a number of ing? Can we be sure the Minister has read it? new Bills when we cannot even clear existing Bills. We are criticised for guillotining Bills that The Taoiseach: The work permits Bill will put the existing employment permit administrative are not of great significance. If we could clear arrangements on a legislative basis. This Bill will Bills more quickly here, it would be far better. be published today. One of the proposals of the Whip is that we spend The point I am making is that we could sched- more time on legislation, so that we could try to ule our business to give more hours to dealing speed up the process. with legislation. The Whip’s proposal is trying to move legislative time from 11.5 hours to 15 hours. Mr. J. O’Keeffe: Rubber stamping legislation is what the Taoiseach wants us to do. Mr. Stagg: One would think he was the only one with proposals. The Taoiseach: The energy (miscellaneous provisions) Bill will be published in the next few The Taoiseach: I think we can do it. We often weeks. The Foyle and Carlingford fisheries Bill is watch interesting debates on the Adjournment at also ready for publication. The sea fisheries Bill 9 p.m. which could easily be held in the morning will be published in July. The employers and would be of far more benefit to everyone. (provision of information and consultation) Bill is also ready. The diplomatic relations and Mr. Naughten: The Minister might turn up in immunities (amendment) Bill has been approved the morning. by the Government and is awaiting publication. The Twenty-Eighth Amendment of the Consti- The Taoiseach: Yes. There would be a much tution Bill has been published. The medicines better chance of the Minister turning up in the Bill, approved by the Government, is awaiting morning and someone might report it. If the publication. The criminal justice (international House does not wish to change, I am quite happy co-operation) Bill will be published in July. The to continue with the way we operate, even if it Prisons Bill has been published. The tribunals Bill represents far more than any other Taoiseach will be published in the autumn. The air navi- ever did before. 1069 Order of 29 June 2005. Business 1070

Mr. Crawford: If the Taoiseach says that often Adjournment could be reconfigured to allow enough, he will believe it. Members, especially backbenchers, a greater opportunity for a more fulfilling participation on The Taoiseach: We could improve the current the floor of the House. situation. If everyone believes that it is fine the These are all important matters, but the Chief way it is, that is all right with me. Whip’s current proposal is all about reducing the accountability of the Government. It is not about Mr. Sargent: The Taoiseach talks about enhancing engagement or accountability to the improving matters in the House. It is strange that House. The proposal is therefore flawed and will the proposals from the Green Party and others, make no progress unless it addresses properly the requesting that the Daíl only go into recess for issues to which I referred. the month of August, requesting sittings on The very restrictive way in which the Order of Friday, demanding that the Ceann Comhairle Business operates also needs to be examined. ensures the Taoiseach actually answers There is a failure on the part of the Taoiseach to questions—— respond properly to specific questions put to him. The need for debate on critical areas is ignored. An Ceann Comhairle: I have no power in that A point made on the Order of Business today was whatsoever. completely ignored by the Taoiseach. He gave no Mr. Sargent: We want to change that and give response. A Deputy has just left and we must him that power. make our own judgment on what the silence represents. We spent much time today debating the An Ceann Comhairle: No Chair in the world NESC report on housing. The Taoiseach has has that power. given no indication, six months later, on whether the House will be allowed to debate it. Will the Mr. Stagg: This Ceann Comhairle will be the Government provide time in the resumed session first in the world with such a power. in late September? The Members want to address these important issues on the floor of this Mr. Sargent: The point I am making is that the Chamber. It is incumbent on the Government to Taoiseach claims to want more time for legis- provide those opportunities. lation. We are not stopping him in that and we would welcome that becoming a reality. In the The Taoiseach: I am completely open to meantime, we are very constrained in what we suggestions, but with such suggestions, the Oppo- can do. The claims made about Bills to be pub- sition Members will want it all their way. They lished during the Daíl session are not being hon- want the Government to accept these things. It oured. Does the Taoiseach agree the claims does not work that way. If people want to have should be up to and including the summer recess? sensible dialogue, the Whip will be around most He claims the energy (miscellaneous provisions) of the summer and he will be glad to hear from Bill will not be published this week, despite them. There must be a sense of give and take. promises to the contrary. We have a serious People come with a shopping basket and demand energy crisis in this country. what they want. Others will demand something else. We will continue to have what we have had An Ceann Comhairle: The Deputy has made for the 28 years I have been in the House and for his point and is being repetitive. the 28 years before that which is Adjournments at night time. Can people not see that nobody Mr. Sargent: It is a serious point and I raised it takes any notice of them? under Standing Order 31, but it was not agreed to by the Ceann Comhairle. Will the Taoiseach Mr. Gormley: That is because Ministers do not take back his comment that he wants the turn up. parliamentary session extended? Will he acknowledge that nobody is stopping him from extending the time? Mr. Durkan: Ministers do not take the questions. CaoimhghıńO´ Caolaín: We must recognise that the Taoiseach’s presence is a critical issue The Taoiseach: We could switch around the when dealing with Daíl reform. Any package of business of the day and make it very productive reforms would have to include the Taoiseach’s if people were really interested. I do not mind accountability to the House on a Thursday. Many and would like to see some changes made. It will Deputies would be open to the idea of extended not matter to me. I will do what I am doing. I was time at the beginning of the week, if some of the asked to make a change a few years ago and did areas to which the Taoiseach alluded could be so. I have been accommodating. It is nice to be accommodated, including Private Members’ time. here and a great honour. While this is a lovely Why should Private Members’ time be confined place to be and all the rest of it, we do not organ- to Tuesday and Wednesday evenings? There is a ise it very effectively. That is all I am saying. It tendency in the greater part of the media to will be the same way in 28 years time, which will ignore much of what is raised. Matters on the certainly not concern me. 1071 Order of 29 June 2005. Business 1072

Caoimhghı´nO´ Caola´in: The Taoiseach will not Mr. Broughan: The Ceann Comhairle would be here. not let me raise it on two days last week.

The Taoiseach: It is up to Members to make The Taoiseach: The Bill has been taken off the changes or not. list. The Deputy will need to table a question to the Minister to find out when he wants to Mr. Durkan: I was set to extend a warm wel- restore it. come to the Minister for Communications, Marine and Natural Resources, but he must, Mr. Broughan: It is Taoiseach’s responsibility unfortunately, have been bored with proceedings to ensure that a significant problem is addressed. as he left the House. He is doing nothing about it. The postal service is collapsing while the Taoiseach and the Minister The Taoiseach: He was here for two hours. will not lift a finger.

Mr. Durkan: And the Taoiseach was talking for An Ceann Comhairle: I call Deputy Naughten. most of the time. Mr. Durkan: We did not hear the Taoiseach’s An Ceann Comhairle: Does the Deputy have a reply. question appropriate to the Order of Business? Mr. Broughan: In the Taoiseach’s Mr. Durkan: This is very appropriate to the constituency—— Order of Business as there is a plethora of legislation on the introduction of which the Minister An Ceann Comhairle: Deputy Broughan could have enlightened us. The Postal and Tele- should allow the Taoiseach to speak. communications Services Bill was on the Order Mr. Broughan: ——no post has been delivered. Paper but has disappeared. If the Minister had waited for a further five minutes, he could have An Ceann Comhairle: If Deputy Broughan told us when he proposes to restore it to the wants to disrupt the House, we will move on to Order Paper. the next business. It is after 12.30 p.m. and we are moving on to No. 18. An Ceann Comhairle: The Deputy has made his point. I call the Taoiseach. Mr. Gormley: Come on. We are sitting here waiting. Mr. Durkan: There is also the energy (miscellaneous provisions) Bill, electricity Bill, Mr. Durkan: Questions on promised legislation electronic communications (miscellaneous must be answered. provisions) Bill, the natural gas regulation Bill ´ and the Bord Ga´is Eireann Bill. While all these An Ceann Comhairle: If Deputy Durkan and are within the Minister’s area of responsibility, he his colleagues behave themselves in the House, could not stay to give information on them. I was the Taoiseach can answer the question. prepared to welcome him to the House. We are not so bad that he should not tolerate us for a The Taoiseach: I answered the question on the little while. I would like a comprehensive answer Postal and Telecommunications Services Bill but to my question. Deputies did not hear me because of interruptions. I said the Bill had been removed from the An Ceann Comhairle: If the Deputy would schedule. If the Deputy wants to find out what resume his seat, Deputy Broughan could speak. the Minister will do, he should table a question. It is not on the current list. Mr. Broughan: Can the Taoiseach tell the The electronic communications (miscellaneous House when or if it is intended to restore the provisions) Bill is due later in the year while the Postal and Telecommunications Services Bill to energy (miscellaneous provisions) Bill will be the Order Paper? While I am on my feet—— published during the summer.

An Ceann Comhairle: The Taoiseach should Mr. Naughten: The Railway Safety Bill was reply on legislation. When will the Bill be published in 2001 before the previous general brought back? election and republished after it in autumn 2002. Committee Stage took place in spring 2003. When Mr. Broughan: The Minister who was sitting will we take Report Stage? While I was led to across the way is responsible for the postal service believe by the Department that the legislation obligation to deliver to every household and busi- was ready for Report Stage last June, which is a ness every working day, and this has broken full 12 months ago, it has yet to be brought down. forward.

An Ceann Comhairle: That does not arise on An Ceann Comhairle: Report Stage is a matter the Order of Business. for the House. 1073 Order of 29 June 2005. Business 1074

The Taoiseach: I understand the Bill is ready be dealt with? In light of a case I have encoun- and ordered for Report Stage. I will raise it with tered of a young mother of two who has had no the Minister. financial support since 1 April owing to family dispute, when will the family law Bill be intro- Mr. Costello: Given the continuing fallout from duced to address the issues involved? the Morris tribunal report and controversy on matters requiring clarification, especially the The Taoiseach: The interdepartmental working issue of when the Carty summary was available group has reported to the Minister for Justice, and its substance and the redesignation of a mur- Equality and Law Reform on the register of per- der investigation into a hit and run accident—— sons who are considered unsafe to work with children and on proposals for the reform of vetting An Ceann Comhairle: Does the Deputy have a of employees by the Garda. The Minister has question appropriate to the Order of Business? appointed an implementation group to advise on implementation and the necessity for legislation. Mr. Costello: ——that was telegraphed to The Departments of Health and Children and nobody for two and a half years, is the Taoiseach Education and Science are in discussion on the prepared to change the terms of reference of the establishment of an employment consultancy Morris tribunal? service. When the process has concluded, they will get back to the legislation. The family law An Ceann Comhairle: That does not arise on Bill will be introduced next year. the Order of the Business. Mr. Sherlock: When is the Landlord and Ten- Mr. Costello: It is a matter for legislation. ant (Ground Rents) Bill, which was withdrawn There are two options. The first is to change the by the Taoiseach, likely to be restored? Will the terms of reference of the tribunal to allow the Taoiseach give a reason as to why it has not been matters outlined to be investigated and the restored to the Order Paper? second is to refer both Morris reports to the Committee on Justice, Equality, Defence and The Taoiseach: The Bill is not proceeding as a Women’s Rights, which will meet in July. Supreme Court decision has been made which has implications for it. Officials have not finished An Ceann Comhairle: That does not arise on working through the legislation following the the Order of Business. I suggest the Deputy sub- decision. mit a question. Is there any promise to change the legislation? Mr. Kehoe: The gaming and lotteries (amendment) Bill has been mentioned on a The Taoiseach: There was a promise to debate number of occasions on the Order of Business. the report in the House and it was honoured two The status of the legislation is that its publication weeks ago. is not expected or possible to indicate at this stage. Is there any possibility the Bill can be put Mr. Costello: The committee is meeting in on the pink list, or section A, for the autumn July—— recess?

An Ceann Comhairle: The Deputy has made The Taoiseach: I understand there are a his point and is out of order. We must move on number of policy issues and other aspects of the as a number of Deputies are offering and I would proposed legislation which are being re-exam- like to facilitate them. If Deputies continue to dis- ined. Some aspects of the Bill are being dealt with rupt the business of the House, we cannot facili- within the civil law (miscellaneous provisions) tate further speakers. I call Deputy Gormley. Bill while the others are being reviewed.

Mr. Costello: What is the Taoiseach’s reply on Mr. J. O’Keeffe: Can we bet on that? legislation? Ms Shortall: The programme for Government An Ceann Comhairle: The Taoiseach has promised the establishment of a Dublin transport already replied. authority, a Bill for which appeared on the list of promised legislation until quite recently when the Mr. Gormley: When will the House take Government dropped it. As the Minister for Second Stage of the referendum Bill on the EU Transport has recently announced his intention to constitution? establish an authority, can the Taoiseach tell the House whether this is Government policy again? The Taoiseach: As I said recently, the Bill will If so, when can we expect the legislation to estab- not be taken during this session. As we are now lish it? into the period of discussion, it is unlikely to be taken before the end of the year. The Taoiseach: The original Bill on the list was the greater Dublin land use and transport auth- Mr. Crawford: When will the register of people ority Bill. The Government is not proceeding who are considered unsafe to work with children with that legislation and the Minister last week 1075 Order of 29 June 2005. Business 1076

[The Taoiseach.] Mr. Timmins: The State is a 51% stakeholder. announced his intention to re-examine another When will these people be paid? They have been Bill. It is not the same Bill. waiting for three years.

Ms Shortall: I asked if it was now Government An Ceann Comhairle: I ask Deputy Timmins policy to establish a Dublin transport authority. to give way to his colleague, Deputy McManus.

An Ceann Comhairle: The Deputy will have to Ms McManus: I am interested in hearing the submit a question to the Minister. I call Deputy answer to that question. Timmins. Mr. Crawford: What about the workers in Ms Shortall: My question is on promised Belfast also? legislation. Mr. Timmins: They have been waiting for An Ceann Comhairle: The Deputy has asked three years. the question on legislation and it has been answered. I have called Deputy Timmins. An Ceann Comhairle: Deputy McManus should be allowed to speak without interruption. Ms Shortall: I did not get an answer. I asked the Taoiseach when we can expect the legislation Ms McManus: It would be very welcome if the and he wants to answer it. Taoiseach took the opportunity——

An Ceann Comhairle: If the Deputy does not Mr. Roche: I am reminded of Irish Shipping resume her seat, we will move on to the next and the appalling record of the then Government. business. Ms McManus: ——to answer Deputy Ms Shortall: Why is the Ceann Comhairle Timmins’s question. In view of the fact that he being argumentative? The Taoiseach wants to will not be in the House again I hope the answer. Taoiseach will answer the question Deputy Timmins rightly asked about an area in County An Ceann Comhairle: The Taoiseach has Wicklow. already answered the Deputy’s question. The Ta´naiste and Minister for Health and Chil- dren is launching a major report today on bioeth- Ms Shortall: No, he has not. I asked a question ics in the Irish Council for Bioethics in regard to on legislation. the disposal of human organs. This issue has caused great anguish and distress to many The Taoiseach: All the various aspects of the families across the country. When this issue first legislation are being examined by the Minister became known, the Government promised a and it is his intention to bring forward a Bill to human tissues Bill. When will the Bill be tidy up the outstanding matters. published?

Ms Shortall: When? An Ceann Comhairle: The Taoiseach to reply on the human tissues Bill. The Taoiseach: As soon as possible. Ms McManus: I have a second question. A Mr. Stagg: That put the Ceann Comhairle in craven decision was made by the Ta´naiste not to his place. introduce risk equalisation which would ensure—— Mr. Timmins: When can we expect to see the company law consolidation and reform Bill? An Ceann Comhairle: I am sorry, Deputy When will the State pay small time creditors in McManus raised that yesterday. Arklow? Three years have passed—— Ms McManus: ——proper competition in the An Ceann Comhairle: The first question on health insurance market. May I ask the Taoiseach legislation is in order. again, since tomorrow we will have——

The Taoiseach: Next year. An Ceann Comhairle: That question was dealt with yesterday. Mr. Timmins: When will the many small family businesses in Arklow and south Wicklow be Ms McManus: I hope the Ceann Comhairle will paid? give me the same courtesy he gave to Deputy O´ Caola´in to allow me to finish my question. An Ceann Comhairle: I call Deputy McManus. Deputy Timmins, we cannot have a debate on the An Ceann Comhairle: Standing Order 26 issue now. applies to everybody, even Deputy McManus. 1077 Treaty of Amsterdam: 29 June 2005. Motion 1078

Mr. Roche: It applies to the nobility as well. Ms McManus: We are never going to get it.

An Ceann Comhairle: We have to move on to The Taoiseach: I will ask the Ta´naiste to give the next business. Deputy McManus an answer, but it is not listed.

Ms McManus: Even half the time would be a Mr. Quinn: The Taoiseach misled the House welcome change. earlier this morning in reply to Leaders’ Ques- tions. Will he take the opportunity before the An Ceann Comhairle: No Chair in the past has House rises to correct the record? He may not allowed as many questions on the Order of Busi- have been aware of it, but he said in regard to ness. I expect the Deputy to live within Standing the commitment to overseas aid that the United Order 26. States had no dedicated target. He was wrong. In the year 2002 in the Monterey—— Mr. Roche: The aristocracy believes the rules apply to the ordinary people. An Ceann Comhairle: The Deputy has made his point. That does not arise on the Order of Ms McManus: The Taoiseach might reply on Business. whether we may have a short debate on the matter of risk equalisation tomorrow. When is Mr. Quinn: I want to facilitate the Taoiseach. I this Bill coming back and can we deal with an want to tell him where he was wrong and give issue of central concern to people currently sub- him the opportunity to correct it. scribing to VHI. An Ceann Comhairle: We cannot have a An Ceann Comhairle: It does not arise on the debate on the matter. The Deputy has made his Order of Business. Is a debate promised? point. Does the Taoiseach wish to respond?

The Taoiseach: No, the first Bill is not listed. Mr. Quinn: If you had not interrupted me, a Cheann Comhairle, I would have been finished An Ceann Comhairle: I call Deputy Quinn. by this stage.

Ms McManus: I am sorry but it is promised An Ceann Comhairle: The Chair does not legislation. interrupt.

The Taoiseach: It is not listed so I cannot tell Mr. Quinn: In the Monterey consensus, the when it will come forward. United States committed itself to the 0.7% ODA target. The Taoiseach may wish at some stage to Ms McManus: When will we get it? correct the wrong he told the House earlier today. The Taoiseach: It is not listed so I cannot tell the Deputy when it will be ready. Deputy The Taoiseach: I was advised last week by all McManus should table a question to the Ta´naiste the NGOs, who are the experts in this area, that because it is not on the list. the United States would not state a target. In my meeting with many of the G8 leaders last Friday, Ms McManus: That is a stupid thing to say, I they told me that the United States has no target. cannot table a question to the Minister. If it has a target then I am wrong, but it was displayed on an excellent chart and clearly put to A Deputy: The Minister will be on holiday for me that Condoleezza Rice had refused to quote three months. a target. That was the source of my information. President Clinton was right when he said that if Mr. Durkan: The Minister could answer. his country did half of what we did, he would be very proud of it. Ms McManus: Will the Taoiseach indicate to the House when the promised legislation which is Mr. Allen: They do not break promises at the entitled the human tissues Bill—— UN.

An Ceann Comhairle: I call Deputy Quinn. Mr. Wall: Given the major development proposed in regard to the Curragh racecourse, when Ms McManus: ——which was promised by the will the Curragh of Kildare Bill come before the Government—— House?

An Ceann Comhairle: I have called Deputy The Taoiseach: In the autumn session. Quinn. Treaty of Amsterdam: Motion. Ms McManus: When will we have it? Minister of State at the Department of the The Taoiseach: It is not listed. Taoiseach (Mr. Kitt): I move: 1079 Planning and Development Regulations: 29 June 2005. Motion 1080

[Mr. Kitt.] least because it allows the Opposition parties to That Daíl E´ ireann approves the exercise by make a positive input. Members will accept that the State of the option or discretion provided I have been forthcoming in that regard. I have by Article 1.11 of the Treaty of Amsterdam to always been willing to listen and involve the take part in the adoption of the following pro- Opposition and, where possible, to change. posed measure: Oddly, the proposition was opposed by the Green proposal for a Council Decision on the Party and I am mystified as to why it chose to do exchange of information and co-operation that. The party is not represented here now so we concerning terrorist offences, a copy of will probably never know. which proposed measure was laid before The first amendment will require shop owners Daíl E´ ireann on 16 June 2005. who wish to change the use of their premises to an off-licence to obtain planning permission. Question put and declared carried. Under the planning and development regulations 2001, a change of use from a shop to an off- licence does not currently require planning per- Planning and Development Regulations: mission. This has always struck me as very odd. Motion. Planning permission is needed to open a chipper, Minister for the Environment, Heritage and for example, yet no planning permission is Local Government (Mr. Roche): I move: needed to open a full-blown off-licence to sell all That Daíl E´ ireann approves the following forms of beer, wines and spirits. Whatever about regulations in draft: chippers, there is no shortage of off-licence outlets. The Commission on Liquor Licensing, Planning and Development Regulations Interim Report on Off-Licensing, published in 2005, May 2001, evidently shared my long-held view on copies of which were laid in draft form before this. It recommended that permission should be Daíl E´ ireann on 16 June 2005. needed for a change of shop use to an off-licence. I am pleased to move this motion, the adoption The number of shops changing use to off- of which by both Houses of the Oireachtas will licence or expanding into the sale of alcohol has pave the way for the planning and development increased significantly in recent years. The regulations to be amended in three different increase in off-licences has arisen both from ways: first, to make it a requirement for shops changes to the restrictions on the transfer of an that wish to change into an off-licence or to sell intoxicating liquor licence and from changes in alcohol to obtain planning permission; second, to the way in which people socialise and drink. facilitate consideration of the need for an These changes have had an impact on our streets environmental impact assessment, EIA, of peat and communities. There is therefore a land use extraction projects, that are currently exempted issue that must be tackled through the planning development, by referring to criteria set out in code. By bringing the matter into the planning the environmental impact assessment directive; code I am giving local communities and council- and, third, to reflect in the Irish planning regu- lors a say in the matter. lations a technical change to annex I and annex II I have therefore decided to amend the defini- of the environmental impact assessment directive tion of a shop in the planning and development which lists project categories that require regulations 2001 so that a shop changing use to environmental impact assessment. The change is that of an off-licence, or expanding what it sells needed because the environmental impact assess- to include alcohol, will in future require planning ment directive has been amended by the Aarhus permission. The change will not affect the sale of Directive 2003/35/EC. wine as a subsidiary to the main use of the prem- Positive approval of this House is needed for ises as a shop. The sale of wine from a corner any change to the exemptions under the planning fridge, which is a minor element of the overall code, whether the change adds an exemption or trade of the shop, will not be affected by this limits exemptions, as these changes do. I had sug- change. Lest Members jump to any conclusion, gested that these changes would be discussed in they should note that the Commission on Liquor an Oireachtas committee. I believe that would Licensing supported my conclusion on this have been a much better approach from the point of view of everybody in the House but partic- matter. ularly from the point of view of the Opposition. It would have been a good and appropriate use Mr. O’Dowd: No. of committee time. That format would have allowed for a freer and more extensive exchange Mr. Roche: Yes, it did. of views than is possible in the 60 minutes we have available in the House. Mr. O’Dowd: I have the document here. I can As Members will know, I have for a long time show it to the Minister. been an advocate of the more extensive use of parliamentary committees, particularly for techni- Mr. Roche: If the Deputy reads it, he will note cal issues such as those under discussion here, not that it was very specific. 1081 Planning and Development Regulations: 29 June 2005. Motion 1082

Mr. O’Dowd: I will allude to it line by line as in these designated areas is subject to separate soon as the Minister sits down. conservation controls not touched on in this change. Mr. Roche: The change will allow planning The designation of peatland sites in natural authorities to exercise control over the major heritage areas should be substantially completed increase in large-scale off-licences and address by the end of July 2005, other than in respect of the genuine concerns of local communities. The a relatively small number of sites where proposed change is a very positive step. It will give local designation is under appeal. Therefore, the Com- communities a direct input into the development mission’s sole concern relates to peat extraction and establishment of off-licences in their of less than 10 hectares outside designated areas. areas. I apologise to the House for the extraordinarily This has been an area of genuine concern for complicated nature of this subject. communities in recent years as more and more We are confident this amendment to the plan- outlets for the sale of beer, spirits and wine have ning regulations will greatly assist in avoidance of sprung up. It is not my intention that this pro- a daily fine for non-implementation and will not posed regulation should be used to prevent con- have any dire impact on traditional peat extrac- sumer choice or to inhibit competition. Rather, tion or turf cutting. the intention is to give communities and councils The final amendment is a technical amendment a right to determine what can and cannot happen to Schedule 5 of the 2001 regulations reflecting in their planning areas. The change will ensure a relatively minor change to the environmental better planning in our towns. impact assessment directive, annexes I and II. The second amendment will facilitate consider- Part I of the schedule lists the project categories ation of the need for the environmental impact for which an environmental impact assessment is assessment of peat extraction projects, which fall mandatory. Part II lists the project categories for under the heading of exempted development, but which mandatory thresholds have been set. which could have significant effects on the envir- The amendments are designed to ensure that onment by reference to criteria set out in the any change to, or extension of, a project in Part environmental impact assessment directive. The I will, in itself, require an environmental impact criteria in this regard relate to the characteristics assessment where such a change or extension of the proposed development, its size, use of meets any relevant threshold in Part 1. As cur- natural resources and so on. The environmental rently drafted, such an assessment is mandatory sensitivity of the areas affected is also a consider- only where a development increases by 25%, or ation, as is the potential for significant effects. an amount equal to 50% of the appropriate thres- At present the planning regulations of 2001 hold, whichever is the greater. This is more likely exempt those involved in peat extraction from the to have an impact on other member states than requirement to apply for permission and conduct on Ireland because Ireland has a propensity to an environmental impact assessment in the case use environmental impact assessments much of peat extraction in a new or extended area of more frequently than other member states. less than ten hectares, or peat extraction in a new This change to the lists of project categories or extended area of ten hectares or more where transposes part of Directive No. 2003/35/EC, the drainage of the bogland commenced prior to commonly known as the Aarhus directive. This the coming into force of these regulations. directive provides for public participation in The European Commission has indicated a respect of the drawing up of certain plans and concern in this area and action is needed. This programmes relating to the environment and change is a response to that concern. Following amending with regard to public participation and negotiations, the Commission is agreed that its access to justice. The transposition of the Aarhus concern regarding the transposition of the directive will, for the most part, be achieved environmental impact assessment directive, No. through regulations under the European Com- 85/337/EEC, as amended by Directive No. munities Act 1972, and further amendments to 97/11/EC, as it relates to peat extraction can be the planning and development regulations. Work resolved by a qualification to the existing plan- is in progress on the latter two sets of regulations. ning exemption. The exemption would not apply I intend that the necessary implementation where peat extraction is likely to have significant measures will be adopted during the summer. effects on the environment. On the overall position on European Union This would allow the planning authority to environmental legislation, I assure the House I assess whether a peat extraction project would am fully aware of the importance of timely trans- have a significant impact. Where it would have position and correct implementation of such such an impact, the authority can step in and legislation. There are now some 200 items of require the preparation of a planning application European Union legislation transposed in this and, if necessary, an environmental impact country, including more than 140 directives. The statement. challenge following transposition is effective The Commission is solely concerned with peat implementation. In cases where the Commission extraction activity covered by the planning feels member states have failed to satisfactorily exemptions but outside of special areas of conser- transpose European Union legislation into their vation and natural heritage areas. Peat extraction national laws and implement it effectively, the 1083 Planning and Development Regulations: 29 June 2005. Motion 1084

[Mr. Roche.] Mr. O’Dowd: I would like the Minister to be a issue is raised in correspondence with member man of his word. In a recent reply to a parliamen- states. If agreement is not reached on how to tary question by Deputy Olivia Mitchell, he address the issue, the Commission may take a stated he would, in a very short period, introduce case to the European Court of Justice. However, changes to the Planning and Development Regu- the vast majority of issues are resolved without lations 2005. One of the commitments he made recourse to that court. in the reply—Idonotknow whether he or his The European Commission’s Fifth Annual Sur- Department officials wrote it — was that he vey on the implementation and enforcement of would address the need for a uniform planning Community environmental law showed Ireland’s application form throughout the country. The overall performance to be average in comparison reply stated he would also address the fact that a to our European Union partners. This means we very significant number of applications are actu- are not “bottom of the class”, as is often sug- ally turned down by local authorities, as brought gested, particularly by the Green Party, whose to his attention by Deputy Olivia Mitchell. These members are not present. However, it also means two issues are very serious. I understand from we still have much work to do in this area. Deputy Olivia Mitchell that approximately 50% My Department, through the local authorities, of the applications in her area are turned down the Environmental Protection Agency and the by the county council because of errors made in Office of Environmental Enforcement continues filling out application forms. Has the Minister to work towards maintaining a high level of honoured his word regarding these issues? Has he environmental protection for Ireland, and to made the necessary changes to the regulations? addressing any alleged cases of infringement of Clearly, they have not been made. Neither is European Union environment law. there clarity of thought or intent, which the Government ought to demonstrate in dealing The task force, which I established in my with these issues. Department to address the range of environmen- In spite of all the changes the Minister is mak- tal complaints against Ireland in a more compre- ing, any existing premises that has a licence from hensive way and which was mentioned previously the courts to sell alcohol can and will continue to at a meeting of the Oireachtas Joint Committee do so. There is no change whatsoever, provided on Environment and Local Government, has they continue to comply with the law in every been fully operational for some months. In respect. However, every new business, con- addressing its work, the task force has intensified venience store and shop around the country can engagement with Commission officials. They sell wine from the fridge. It does not need to be have been very positive in that regard. The task the substantial business of the premises, but can force has also intensified engagement with the represent a very large portion. It will not be the implementing agencies in Ireland. Minister’s concept of a little corner fridge, and The task force has undertaken a systematic that is where he is making a mistake. He is requir- analysis of each case that is the subject of ing people who want to sell beer, which has a infringement proceedings by the European Com- lower alcohol content than wine, and spirits to mission and for which my Department is respon- apply for planning permission. However, he is not sible. This analysis has facilitated accelerated requiring those who sell wine only to do so. His responses by Ireland to Commission concerns in proposal is ambiguous and lacks clarity. a number of cases. It should also help to improve The interim report of the liquor licensing com- our response to any infringement complaints in mission strongly disputes some of the issues. The future, and to provide full information on the Minister refers to councillors and the community excellent ongoing work being undertaken having a say with regard to an off- towards fulfilling our compliance with our Euro- 1 o’clock licence. Due and proper space is pean Union obligations. given for that in the courts. It is very I commend these amendments to the House. clear that an applicant for an off-licence must As I stated at the outset, the amendments are comply with the usual conditions regarding suit- very technical. It would have been far more pro- ability of premises and the other grounds for ductive if we had all agreed to handle these tech- objection as contained in section 18 of the 2000 nical matters at a committee meeting. I know Act. The applicant must go before the court and Fine Gael and the Labour Party were in general due notice should be given. This is to ensure gen- agreement with me in this regard. A committee eral conformity with legislation and to give the meeting would have been a much better way to public and authorities proper grounds for objec- proceed than proceeding according to the tion. When people object to an application, they requirement the Green Party imposed on us, are not objecting on grounds of planning or the which its members are not present to meet. physical premises but because they do not want it in their neighbourhood and perhaps it has been Mr. O’Dowd: I wish to share time with badly run in the past. All the issues and objec- Deputy Naughten. tions people raise can be dealt with properly and entirely through the courts system. Acting Chairman (Mr. Ardagh): Is that The commission recommends: “Should a full agreed? Agreed. off-licence be required ... then the applicant shall 1085 Planning and Development Regulations: 29 June 2005. Motion 1086 be obliged to obtain planning permission and Mr. O’Dowd: The Minister has taken one side shall satisfy the Court at the hearing ... that any and we have taken the other. This regulation is conditions have been complied with.” This is in heavy-handed and does not make sense. I agree the interests of good planning practice and con- with proper regulation. Perhaps the Minister formity with general practice to ensure that the should have considered the sale of beer, but he lay-out of the premises is suitable. It does not did not take that option. In America, low-alcohol make sense to introduce a planning application beers are available in convenience stores, but not process for the sale of beer and whiskey but not those with a higher alcohol content. The avail- for bottles of wine. Deputy Perry informed me ability of spirits and alcopops is a very serious that for every bottle of whiskey sold, ten bottles issue. The whole situation is a mess and the Mini- of wine go out the door. The Minister has swal- ster has not thought it through. I therefore lowed this line—— oppose the regulation. What happened to the promises made by the Mr. Naughten: It is one way of getting rid of Minister in his written reply to Deputy Olivia the European wine lake. Mitchell? The Minister has again come to the lobby’s defence. Mr. O’Dowd: The Minister will turn us into a nation of winos. Mr. Naughten: A lot done, more to do. I welcome the opportunity to speak on the regulation. Mr. Roche: It would be helpful if the Deputy I agree with the Minister it is disappointing that read recommendation 54. we do not have more time to tease this out in committee. I will raise a number of points regard- Mr. O’Dowd: I am reading the recommending the Minister’s proposals—— ations. I am not finished and I will not let the Minister off lightly. Mr. Roche: The Deputy should accept that it is not the Minister’s fault. Mr. Naughten: Recommendation 54 is a long way down the list. Mr. Naughten: I accept that. Five minutes in which to reply to all these queries is wholly inad- Mr. O’Dowd: The Minister should not open his equate. A committee is the proper place to tease mouth too soon. I will not suggest that he will out such issues. turn the country into a nation of winos. Alcohol is a very serious issue and the people who spoke Mr. Roche: The Deputy should ask the Green up at the commission against this proposal should Party about that. be listened to. The members of the commission considered that the acquisition of a full off- Mr. Naughten: This issue was discussed in 2000 licence for any premises involved a change of use and there was a significant amount of debate on of which the public should be made aware and this specific proposal. should be entitled to object to at the planning I am disappointed the issue of afforestation has stage. This recommendation was not acceptable not been considered in respect of the regulations. to Ms Carmel Foley, the Director of Consumer There is concern in the Minister’s county, as well Affairs, Ms Isolde Goggin of the Competition as in many other counties, because the provisions Authority and Mr. Brian Whitney representing do not allow a mechanism for public objection to the Department of Enterprise, Trade and forestry in instances when a community or indi- Employment on the grounds that any genuine vidual is completely isolated by the type of for- planning issues are already covered by existing estry development taking place. The only mech- planning and licensing laws and this provision anism available at this time is to object to the presents an unnecessary and unwarranted barrier grant support that they may be eligible to apply to entry to the business. for through the Department of Agriculture and Ms Ailish Forde, RGDATA, considered the Food. Will the Minister look at that specific scrutiny of the courts to be sufficient and the issue? involvement of planning authorities inappropri- The issue of peat extraction is close to my ate. On the other hand, some of the members heart. This proposal has been brought forward were of the view that a planning permission because of the decision by the European Court requirement should also apply to new wine-only of Justice. What has been the major change with licences. These members were Messrs. Frank Fell, regard to that decision from September 1999? Licensed Vintners Association, Michael Murphy, This issue was discussed and debated in the IBEC, Tadgh O’Sullivan, Vintners Federation of House in 2000. A proposal was put forward at Ireland, and John Power, Irish Hotels Federation. that time and the then Minister, Deputy Noel On one side people are trying to vindicate con- Dempsey, said that with regard to the environ- sumer rights and competition and on the other mental impact assessment, he was examining the there are people with an interest in the business. requirement to reduce the threshold of 50 hec- The Minister has clearly taken one side—— tares. He said that this would address the concerns of the European Court in a transparent Mr. Roche: Both sides are wrong. manner and that there should be no further diffi- 1087 Planning and Development Regulations: 29 June 2005. Motion 1088

[Mr. Naughten.] that, on the edge of bogs. Cutting turf in such culty when it was done. However, it seems that plots using a hopper will not have a detrimental there is further difficulty. Where did the Minister, environmental impact. Deputy Dempsey, slip up with regard to this I do not know the reason for these new defini- issue? He seemed to be incompetent in respect of tions and changes in the rules. The former Mini- many areas when he was in charge of this brief, ster, Deputy Noel Dempsey, said that he but how did he slip up with regard to this spec- addressed this issue in 2000, so how have the ific matter? sands shifted regarding the same European Court The word “significant” gives rise to huge con- of Justice decision? I would like an answer to that cern in my constituency where people who cut question. I would also like a firm commitment turf, either for their own use or on a small com- from the Minister that this will not have an mercial basis, could be roped in under this defini- impact on turf-cutting on a small, commercial tion. Many bog owners and people with turbary basis or by individuals on their own or a neigh- rights cut turf on an acre plot. Half of the plot bour’s bank in County Roscommon and has been traditionally cut out and most active elsewhere. plots are approximately half an acre in size. Once Will the Minister examine a proposal that was the turbary rights are exhausted people must find put forward to the Oireachtas Joint Committee some other form of fuel. However, the difficulty on Environment and Local Government, for the is that if one takes turf cutting on a contiguous development of a wetland wilderness park in the basis on a bank of turf where individuals all along cutaway bogs of the north midlands? It would that bank have half-acre plots, one could very have a major economic benefit from a tourism easily reach some of the thresholds in the regu- point of view in that region. I ask the Minister to lations. Then some official in the local authority give serious consideration to that proposal which or an alleged do-gooder from some part of the is being submitted to his office. European Union, who is visiting here and wants turf-cutting to be abolished because all the turf in Mr. Gilmore: I agree with the Minister that this his or her country has been cut, could decide that motion should have been considered by an the turf-cutting has a significant effect. All of a Oireachtas committee where we could have sudden, individuals who are cutting three or four teased it out in greater detail. I do not accept, spreads of turf for their use and that of their however, the Minister placing the blame for that neighbours will have to apply for planning per- on the Green Party. Obviously, Deputy Cuffe can mission and conduct an environmental impact answer for his party in that respect, but I do not assessment. That is the concern about these buy that the Minister did not bring his proposal regulations. to an Oireachtas committee because the Green The way that environmental impact is defined Party objected to it. If that were the case, many in the regulations could give rise to a situation proposals that are brought to the House or to where people who are cutting turf on a small, committees would never appear. It is the first commercial basis or for their own use will be time I have ever heard that a Minister would not required to have an environmental impact assess- bring a proposal to a committee because an ment carried out because of the issue of taking a Opposition party of any size objected to it. I do number of turf banks together along a particular not buy that argument. bog. In that scenario, it is not just one individual half-acre plot. There could be a number of plots Mr. Roche: There must be unanimous agree- along the bank to be cut. That would be the nor- ment to bring a proposal in that way. mal procedure in that an operator would come in with a digger and a hopper, cut along the length Mr. Gilmore: There is a different reason, which of the bank, the turf would be spread out, dried, I will come to in a moment. The motion has the saved and then transported. potential to cause uproar in rural areas. The pro- Livelihoods are at stake. Many contractors posals before the House relating to peat extrac- have put significant investment into upgrading tion are a Trojan horse. The Minister may be their equipment. There has been much talk about right in saying that the proposals arise from the the impact of turf cutting on blanket and raised judgement of the European Court of Justice and bogs, but there has been very little acknowledg- the prospect that this country will face a daily fine ment of the fact that operators have moved away of \26,000 if the issue is not addressed. However, from the use of the sausage machine, owing to the European Court of Justice imposed that fine the assistance and encouragement provided by two years ago. The Minister had two years to my colleague on this side of the House, Deputy bring the issue before an Oireachtas committee; Michael D. Higgins, and now use the hopper pro- he did not have to leave it until the last week cedure which does not have the same type of before the Daíl rises for the summer. negative environmental impact. As well as that, Furthermore, the issue first arose six years ago we must realise that we are talking about small in 1999 and the Government had plenty of time plots on the edge of bogs. The majority of bogs to bring proposals on this issue to an Oireachtas in this country are either State owned or State committee or into the body of the House if it was controlled. We are referring to half-acre plots in of the mind to do so. We now have a motion, many cases, and sometimes even smaller than introduced two days before the Daíl rises, which 1089 Planning and Development Regulations: 29 June 2005. Motion 1090 will give rise to set of circumstances which will by the Minister to deflect the flak that will inevit- result in people who have traditionally cut turf ably arise from this matter. for their own use on their own bogs now having Two issues have been used to dress this up and to obtain planning permission and undertake an make it look like it we are dealing with some environmental impact assessment before the turf wider amendment of the planning regulations. can be cut. The first is to do with off-licences and I do not When the uproar starts — and this is where I have any disagreement with the Minister’s intent. come back to the Green Party — and the back Clearly where a shop selling sweets and news- bench Deputies of the Minister’s party and the papers is converting to an off-licence, it should be Government parties are confronted with it in required to apply for a change of use permission. their constituencies, they will blame the Green However, the situation is not always as clear-cut Party. They will say that the Green Party would as that example and the Minister has left it not allow the matter to be discussed. That is what ambiguous. the blame of the Green Party is about. The new off-licence arrangements are very often in conjunction with an other activity which Mr. Roche: That is nonsense. The Deputy takes place in the shop. Typically, a filling station should tell the truth to the House. He knows what builds a new 24-hour shop, part of which sells he is saying is disingenuous and untruthful. alcohol. It is not entirely clear and I am not entirely clear in my mind whether it will be neces- Mr. Gilmore: Let us examine what is being pro- sary for those who have already done so to apply posed here. The Minister has found a formula to for retention. I am not clear as to where the dis- get around the judgment of the European Court tinction lies between what the Minister describes of Justice and it is that an environmental impact as wine being sold from a fridge and part of a assessment will be required where there is a sig- shop being used for the sale of alcohol and nificant impact on the environment. However, if neither is it clear which activity will require plan- one examines the criteria for that, one sees that ning permission. I am not clear if there is a dis- they are wide open. tinction between the sale of wine and the sale of Deputy Naughten is right. If this was a beers. Is the sale of beer from a fridge exempted situation where one was talking about individuals from planning permission whereas the sale of cutting turf with their own sleań on their own beer outside a fridge requires planning per- bank in their own bog, it would probably be fine. mission? It is a pity the House did not have more However, that is not what is happening now. time to tease out these areas of ambiguity. These days a machine goes onto a bog and cuts I refer to the definition of “shop” in the turf for a number of people. By my reckoning, motion. The sale of hot food is also being once a machine is cutting for around 20 people, excluded. I am a little puzzled at this provision. it will be covered by these regulations and the Many shops sell hot food nowadays, in particular, operator will have to submit to an environmental filling station shops with a takeaway hot food impact assessment. This is why this issue should counter. Will separate planning permission be have been teased out in an Oireachtas committee required for the hot food arrangement? Some and not in the last week of the Daíl session. It newer supermarkets also sell hot food. Will they should have been dealt with long before now. be required to apply for a separate planning per- This matter was held over until the last week, if mission? I note this is listed in the definition of not the last minute, so that the Minister could be what is being exempted from the definition of a in and out in no time and when the turf hits the shop. fan, so to speak, he can blame the Green Party. The second area turfed in, so to speak, with the That is the politics of this. peat extraction issue which is the reason for this motion, is the Aarhus Convention. What is delay- Mr. Naughten: What is more, Bord na Mo´ na is ing the implementation of the convention and exempt from the regulations. why is only a portion of it being given effect in Mr. Roche: I have heard some conspiracy the- these regulations, particularly when the conven- ories, but that one certainly takes the biscuit. One tion was to have been implemented last week- can always depend on the Labour Party for a spot end? Why is the entire convention not being of mendacious misinterpretation. implemented? We had an exchange in the House yesterday about the Minister’s planned infrastruc- Mr. Gilmore: The Minister can depend on my tural legislation. Why is the thrust of that pro- party to see what is going on. posal moving away from the Aarhus Convention? The convention is partly about making infor- Mr. Roche: The Deputy is being untruthful and mation on environmental matters available to the I am disappointed in him. public but it is also concerned with the right of the public to participate in environmental Mr. Gilmore: I expect that the Minister will decision-making from an early stage. The public confront a few angry public meetings on this issue does not have the right to be involved at an early in his own county. That is all in front of him, but stage in respect of major infrastructural projects what I want to nail here is the bit of political clev- in particular. In the case of the third pillar which erality, to coin a phrase, that is being engaged in is the right to challenge in a court of law public 1091 Priority 29 June 2005. Questions 1092

[Mr. Gilmore.] Patrick’s Day in recent years. The off-licences in decisions made with regard either to information O’Connell Street cannot be blamed for all those or public consultation, the thrust of the proposed disturbances but it provides an example of where legislation is away from the Aarhus Convention. the situation needs to be checked. I ask the Minister to address two questions. Why The reference to hot food causes me some con- is only a part of the Aarhus Convention being cern. Modern living is convenience living and implemented? Why does Ireland appear to drift people will call into whatever little shop opens away from the principles enshrined in it? up. Most filling stations and local shops now have This motion is to amend the planning regu- a hot plate area offering a range of hot, preco- lations and to address the area of exempted oked food. I am worried they may be caught in development. I am surprised the Minister did not the net. Such services are an integral part of mod- take the opportunity to address the problems ern living. If those shops were to seek planning associated with the erection of mobile telephone permission and face objections from a competitor masts and antennae. The Minister must be aware up the road and then be required to go through that considerable problems have arisen in many the process of an appeal to An Bord Pleana´la, it parts of the country with regard to the erection would be a retrograde step and I would not wel- of masts and antennae on public property and come such a move. The hot food element is suf- claims being made that they are exempted ficiently regulated. development. Bodies such as CIE or ESB have erected them on their sites and claim exemptions Sitting suspended at 1.30 p.m. and resumed at because they are related in some way to their 2.30 p.m. activities or are part of a shared facility for some other purpose. This is an issue that has caused Ceisteanna — Questions (Resumed). considerable problems. If this motion is concerned with changing the regulations on exempted developments, I am surprised the Mini- Priority Questions. ster did not take the opportunity to deal with this issue. The answer to that question is connected to ———— my first point about this motion. Departmental Programmes. This motion is about slipping through the dramatic change in peat extraction and turf cutting 11. Mr. English asked the Minister for Com- under the guise that this is some innocuous, tech- munity, Rural and Gaeltacht Affairs if he is satis- nical change in planning regulations. When those fied with the amount spent on the RAPID members of the public who will be affected scheme to date; his views on the fact that this become aware of it, the Minister and his col- programme will end on completion of the leagues will then blame it all on the Green Party. national development plan in 2006; and if he will make a statement on the matter. [23013/05] Mr. Roche: The Deputy can do better than Minister for Community, Rural and Gaeltacht that. Affairs (E´ amon O´ Cuı´v): As the Deputy is aware, my Department, supported by Area Develop- Mr. Gilmore: The Minister has got it in one; ment Management, ADM, Limited, co-ordinates bull’s-eye. the implementation of the RAPID programme. It is, therefore, a matter for each Department to Mr. Morgan: I wish to share my time with report on progress on the implementation of Deputies Cuffe and Catherine Murphy. RAPID and details of funding allocations to the I agree with the previous speaker and with the projects that fall within the remit of their Minister when he stated that this motion should Department. have been referred to a parliamentary committee However, Departments were asked recently to for discussion. This would have provided a better track funding against specific projects submitted opportunity to tease it out and the exchange of in RAPID plans from each area. While this exer- information would have been a better exercise cise is still under way, I am informed by ADM than this present one which is in the old format that Departments have to date reported a spend of both sides shouting across the floor of the in the order of \300 million in RAPID areas since House at each other. While I am not totally con- the inception of the programme. It should be vinced by the conspiracy theories it would have noted that this amount relates solely to specific been a better format than the one we are cur- projects in RAPID plans and does not include rently enjoying. funding for RAPID areas by Departments, which I welcome the regulation relating to off- are in addition to the RAPID plans. licences because this is an area requiring tighter Despite a slow start the RAPID programme is regulation. A walk through O’Connell Street will now making a valuable contribution in provide examples of small shops and supermar- disadvantaged communities. However, as the kets substantially engaged in off sales of alcohol Deputy will appreciate, tackling disadvantage will and the consequential contribution of that require long-term commitment by Government activity to disturbances. Significant alcohol- and in this regard I believe that the RAPID prog- related disturbances have occurred on St. ramme should continue beyond 2006. 1093 Priority 29 June 2005. Questions 1094

The programme is progressing on a number of accounts plan. RAPID areas have benefited from levels in tandem and clearly the benefits at local 57.5% of the \56.2 million in funding allocated level are becoming evident. In the first instance, to date. many small-scale proposals from RAPID plans Discussions are ongoing with Departments are being dealt with more effectively at local regarding prioritisation of other non-capital level. A dedicated fund of \7.5 million has been actions included in the AIT plans. put in place in 2005 to support small-scale capital As the Deputy is aware, the RAPID prog- projects, through co-funding with other Depart- ramme is running in conjunction with the ments or local agencies as appropriate. I have National Development Plan 2000-2006. While no announced a number of co-funded schemes this formal decisions have been taken on the lifetime year. of the RAPID programme, the indications are Further funding has been allocated to two that it will continue post-2006. schemes that operated in 2004. Total funding of \4.5 million is available over two years — Mr. English: I thank the Minister for his reply. 2005-06 — for the local authority housing estate I do not doubt his commitment to the RAPID enhancement scheme, which is co-funded with programme nor the essential need for it. We esti- local authorities through the Department of the mate that \300 million has been spent under it Environment, Heritage and Local Government. but we were informed by the Taoiseach that \2 Small-scale capital works to enhance the physical billion would be spent under it. environment within local authority housing estates and flat complexes are supported under E´ amon O´ Cuı´v: Members were not so this scheme. The RAPID playgrounds scheme, informed. which provides funding for the development or refurbishment of playgrounds has also been Mr. English: We were. That is written down. It launched again this year, with total funding of \3 is a commitment in the programme for million being provided by my Department and Government. the Department of Health and Children through the Health Service Executive. E´ amon O´ Cuı´v: When was that? This year I announced a new traffic measures scheme for RAPID areas with total funding of Mr. English: A number of years ago, prior to \2.025 million. This scheme is being co-funded 2002. I can provide proof of that for the Minister with local authorities and will support small-scale if he so wishes. However, that is another broken capital works to improve road safety in RAPID promise. An estimated \300 million has been areas. spent under the programme. All Departments Total funding of \4.6 million is being made have been asked to submit reports on funding available by my Department and the Department under it and so on. Departments must not have of Health and Children through the Health spent much under this programme because they Service Executive on a 50:50 basis to support a are not shouting about it. The Minister’s col- range of health and community projects in leagues in government are not shy when it comes RAPID areas. to making announcements on the spending of My colleague, the Minister for Justice, Equality money. Why is there not a separate subhead for and Law Reform, recently invited applications for this programme in each Department’s Estimate? funding under the community based CCTV In that way we would know exactly what is spent scheme. My Department will provide funding in on the RAPID programme. The people do not addition to resources allocated by the Depart- know the exact amount being spent on it, and ment of Justice, Equality and Law Reform to suc- they need to know that. cessful applications from RAPID areas that are People were led up the garden path in terms of endorsed by the area implementation teams. A the RAPID programme. People in my com- number of other co-funded measures are under munity became involved in this issue, attended consideration and I expect to make further many meetings and met elected representatives announcements on this matter. to put forward new ideas for projects under the As regards the larger projects from RAPID RAPID programme. They have plenty of ideas plans that have been submitted to Departments, but funding under the programme is not coming these will continue to be considered for funding through quickly enough. The Minister’s Depart- within existing funding streams in each Depart- ment was allocated only \7.5 million for the prog- ment. However, I expect that Departments will ramme this year and \4.5 million last year, and deal with a smaller number of projects and will his Department is central to this programme. I therefore be in a better position to prioritise pro- hope we will hear major announcements in jects and set out timescales for further actions. regard to the programme next year and the year Work on improving integration and co-ordi- after. nation of service delivery at local level will also The Minister has twice publicly said, for which continue as this is a key component of the I commend him, that the RAPID programme is RAPID programme. essential and should continue. Is there something Special provision was made by the Govern- about it we do not know? Is there a doubt about ment for RAPID areas under the dormant the future of the programme when the NDP 1095 Priority 29 June 2005. Questions 1096

[Mr. English.] the right way and the wrong way to allocate fund- comes to an end in 2006 because now and on a ing. A great deal of money was spent — I remem- previous occasion the Minister said that he called ber it being spent — on the building of Ballymun for it to continue, hoped the money allocated for flats 30 or 40 years ago and they are now being it would be increased and that it would continue knocked down. That money was badly spent in to operate? Is there a fear that funding for the that there was no social planning and so on. What RAPID programme will be cut and will that prog- is happening in Ballymun today is different ramme lose out if there is a change to the NDP? because there is a buy-in to that by the local community. There are many strands to RAPID and it E´ amon O´ Cuı´v: As I explained to Members is not all about money, though money is incred- previously, the RAPID programme was about ibly important. However, the second thing that is front-loading expenditure under the national different this time is that we are looking for buy development plan, under the existing headings. in from communities. That is absolutely essential For example, under a housing heading, the idea so the money is well spent in terms of the social was that a RAPID area would get priority over dividend it gives to the communities in RAPID other areas when housing allocations would be areas. We could be obsessed totally in seeing it as made by the Department of the Environment, a money gain. It is not as simple as that. It is a Heritage and Local Government. For example, matter as well of spending the money in a way under a health heading, there would be a scoring the communities recognise will improve their up in the case of a RAPID area. That is what the lives. programme is about. If the Deputy were to check the press releases when the RAPID programme Mr. English: On the last point I totally agree commenced, he would note that is what the prog- with the Minister. We have to give value for ramme is about. money and there is a need for buy in from the communities and so on. We have had that in Mr. English: The Taoiseach said that the prog- many areas. ramme would be given front-loading expenditure of \2 billion. An Leas-Cheann Comhairle: Time is running out. E´ amon O´ Cuı´v: If the Deputy has the information I am seeking, will he make it available to Mr. English: They have put forward plans and me? The figure of \2 billion that is mentioned by the funding is not coming. I certainly will find the everyone was also mentioned to me shortly after statement made by the Taoiseach in this regard. I become Minister. I asked people to gather all I know the Minister did not say it. When it is the press releases when the RAPID programme brought up on this side of the House it is as an was launched, but I did not find any reference to attempt to back the Minister’s fight to get more that figure in them. If someone can give me that money for RAPID. That is the only reason for quote I will be externally grateful because I raising it, not to embarrass anybody and certainly cannot find it. However, I suspect that the not the Minister. It is to prove the point. People Taoiseach said that there was a \2 billion pro- were given commitments and now we want that vision for social inclusion measures in the money brought forward so we can get results. My national development plan. fear is that people in disadvantaged areas are not getting all the help they need. They are getting it Mr. English: There was a \15 billion provision in certain places but more could be done. Other for it, of which \2 billion was specifically for Departments need to buck up and do more. We RAPID. all know that if much more money was being spent on the RAPID programme, we would hear E´ amon O´ Cuı´v: I cannot find any specific refer- about it, so \300,000 is the maximum. That is a ence to that figure in all the documentation I was long way short of the \2 billion. given. I asked my civil servants to check through Does the Minister know whether there is to be documents for a specific commitment of \2 increased funding for the RAPID areas next year, billion for RAPID areas. I accept it is stated even in his own Department? Are there commit- somewhere and I am not trying to allege that the ments in place? As regards the long-term future Deputy is making it up. If it is stated, what we of RAPID, is there something we do not know are talking about is the spend, in other words, about? That is a cause of some worry and it is expenditure on a health centre and so on. The something the Minister has referred to on a few figure I quoted of \300 million does not represent occasions. social inclusion spend, it is matched off against what was in the RAPID plans, which would not An Leas-Cheann Comhairle: The Minister may tally with the total spend in the areas. answer, briefly. We are serious about addressing needs in areas of deprivation. However, we need to focus not E´ amon O´ Cuı´v: I will try to answer the ques- only on the total spend in those areas, which is tions briefly. The first thing I find, meeting co- important, but also what the funding is spent on. ordinators, chairpersons of AITs and directors of I gave a classic example on an earlier occasion of community and enterprise services in the various 1097 Priority 29 June 2005. Questions 1098 local authorities, is that there is an enormous buy Caighdeań na Gaeilge. in to RAPID now. If the Deputy had been at the 12. D’fhiafraigh Mr. O’Shea den Aire Gno´ thaı´ recent meeting we had here in Dublin, he Pobail, Tuaithe agus Gaeltachta cathain a bheidh would—— cainteanna aige leis an Roinn Oideachais agus Eolaıóchta ar thuarascaíl na Comhairle Mr. English: I have been on the ground. Oideachais Gaeltachta agus Gaelscoileanna ar ´ ´ ´ chaighdean na Gaeilge sna scoileanna Eamon O Cuı´v: ——have found a very positive Gaeltachta; agus an ndeánfaidh se´ raíteas ina view. Since it is coming up to the summer break, leith. [22877/05] we have a DVD that was made by the RAPID groups all along the west coast. A copy is being E´ amon O´ Cuı´v: Mar is eol don Teachta, is ı´ an made available to every Member of the tAire Oideachais agus Eolaıóchta ata´ freagrach Oireachtas so they may see what the RAPID as cu´ rsaı´ oideachais, sa Ghaeltacht agus lasmuigh communities are saying about themselves. I had di. Ar ndo´ igh, i gcomhtheács na freagrachta ata´ no hand, act or part in the preparation of this ormsa agus ar mo Roinn-se i ndaíl leis an DVD, and neither had my Department. This was nGaeilge agus leis an nGaeltacht, bıónn something they decided to do for themselves. cruinnithe ann ar bhonn rialta leis an Aire They are saying it is a positive story and I suggest Oideachais agus Eolaıóchta agus le hoifigigh na we listen to them rather than what the media tell Roinne chun saincheisteanna a´bhartha a phle´. us they are telling us, which is very different. Leanfar leis na cruinnithe sin de reír mar is ga´. As regards the funds in my Department, as I Tig leis an Teachta glacadh leis go mbeidh said I have reservations—— a´bhar na tuarasca´la a luann se´ mar a´bhar ple´ sa chomtheács sin. Mr. English: I understand that. Mr. O’Shea: Nach gcuireann se´ isteach go mo´ r E´ amon O´ Cuı´v: ——about this and that is why ar an Aire go ndeireann an tuarascaíl gur bheag CLA´ R is different because it pre-dates that scoil Gaeltachta a bheidh ag mu´ ineadh trı´ mheań section. I had reservations about the measure- na Gaeilge taobh istigh de 20 bliain muna ment of front-loading because it was spending bhfaigheann na scoileanna Gaeltachta tacaıócht under the national development plan. I felt, very breise o´ n Sta´t? Ceapann tuismitheoirı´ go simply, that it would be good to have a small fund gcuireann an co´ ras oideachais isteach ar a n- that could be co-funded with other Departments iarrachtaı´ an Ghaeilge a thabhairt don cheád to deal with all the myriad of small projects that ghlu´ in eile mar theanga bheo. Ta´ se´ seo a´ chur ar came through as RAPID plans that could not be ceal, agus nıéírıónn leo aon dı´lseacht a chothu´ in the national development plan because they don Ghaoluinn sa cheád ghlu´ in eile. Ta´ are too small, but are still needed. I thought this scoileanna ann ata´ tar eís geílleadh agus ata´ ag was a great idea and certainly the RAPID areas mu´ ineadh anois trı´ mheań an Bheárla anois sna think it is fantastic because it is delivering on the Gaeltachtaı´. ground fast. It is very special to them and it is An aontaıónn se´ leis an meíd a du´ irt Breandań interesting that people want to get into the Mac Cormaic, cathaoirleach ar an Chomhairle RAPID areas. um Oideachas Gaeltachta agus Gaelscolaıóchta, The Deputy asked about the long term. The go raibh tuarasca´la ann roimhe seo, agus na´r reality is that we do not have a national develop- tha´rla tada ina ndiaidh? Muna dtarlaıónn rud ment plan after 2006 for roads, so nobody can say anois tar eís fhoilsiu´ na tuarasca´la seo, nach with certainty what the road programme will be mbeidh se´ tubaisteach ar fad don nGaoluinn? like after that. Similarly, I cannot say on a technical level, since there is no NDP after 2006 and E´ amon O´ Cuı´v: Bheadh se´ fıórdhona muna because this is linked to that plan, that RAPID ngnıómho´ faı´ ar an tuarascaíl sin anois, agus as it is today will be exactly the same after that thiocfainn leis an Teachta go hiomlań. Ta´ idir date. I do not doubt in my heart and soul that deasceálta agus drochsceálta ann. Aontaı´mgo RAPID will exist in some form similar to what it bhfuil du´ shlań dochreidte ann. Ar an taobh eile is at present. I would not have put so much time den sceál, chuala me´ daoine ag labhairt ar lıón and effort into it if I was not 100% certain that it na scoileanna ata´ ag mu´ ineadh trı´ Bheárla, ach would be. Finally, we have extended the whole caithfear cuimhneamh, mar shampla, go RAPID thought process way beyond where we gclu´ daıónn se´ sin scoileanna in aíteanna ar no´ s started, for example with dormant accounts. The Bhaile an Chlaír, Tı´r an Oileaín agus mar sin de. figure I mentioned, 57%, was not in anything at Is e´ an Ghaeltacht mar ata´ sainorduithe tugtha di the beginning. It was not part of the programme. a bhı´ i gceist, agus tuigimid le fada an la´ nach The equal measure of \7 million was ringfenced. bhfuil an Ghaeilge in uachtar i measc an phobail It is fair to say that Departments and Govern- i gcuid de na ceantair sin. ment agencies are now beginning to realise that Ta´ bunsraith mhaith sa tuarascaíl seo ar feídir RAPID is there and will continue to be for the bheith ag obair uirthi. Ta´ moltaı´ soileíre ann, agus long term and that it needs to be given priority is e´ an rud ata´ le deánamh na´ an rud ceánna a across a whole range of issues, even those which rinne muid le tuarascaíl Choimisiu´ nna were not part of the original idea. Gaeltachta — feidhmiu´ ar na moltaı´.Ta´ 1099 Priority 29 June 2005. Questions 1100

´ ´ [Eamon O Cuı´v.] iomlań na Gaeilge ar Roinn amhaín. Ta´ sı´ ar comhchainteanna agus ple´ leanu´ nach idir mo chuile Roinn, a´fach. Roinn agus an Roinn Oideachais agus Eolaıóchta Tugann se´ sin go dtı´ an dara pointe me´. Ceann le feáchaint ceń chaoi ar feídir linn deíleaíl leis na de na fa´thanna gur tugadh an tAcht na du´ shlaín ata´ ann o´ thaobh chu´ rsaı´ oideachais sa dTeangacha Oifigiu´ la isteach na´ nach mbeifı´ ag nGaeltacht. Is fiu´ no´ taíl, ag eírı´ as tuarascaíl lorg cistıóchta o´ mo Roinn-se le dualgais a Choimisiu´ n na Gaeltachta, go raibh mo Roinn i chomhlıónadh do Ranna eile i leith na Gaeilge. dteagmhaíl leis an Chomhairle um Oideachas D’fha´gfaı´ an chistıócht mo Roinn saor chun obair Gaeltachta agus Gaelscolaıóchta ar son an teangan a dheánamh seachas bheith ag choiste comhairligh Gaeltachta chomh fada siar comhlıónadh dualgas ar Ranna eile. Mar le Bealtaine 2003. Ba e´ ansin a thaínig an shampla, bhı´ na seirbhı´sı´ slaínte ag lorg go n- tuarascaíl seo chun cinn, mar bhi an t-eolas ag ıócfaimis as teileafo´ n cainte. Ceńfa´th go n- teastaíl uainn, agus anois ta´ sıá´ feidhmiu´ . Beidh ıócfaimis as teileafo´ n cainte? An ıócfaimis as se´ ta´bhachtach go bhfeidhmeofar ı´. Thiocfainn go teileafo´ n cainte i mBeárla? Mar sin, in ionad hiomlań leis an Teachta. Ma´ fhagfaimid ar bheith ag caitheamh airgead na Gaeilge—— leataobh e´, is tubaiste a bheas ann o´ thaobh mhu´ ineadh Gaeilge sa nGaeltacht. Ta´ an ceart ag Mr. O’Shea: Ta´ me´ ag iarraidh—— an Teachta. E´ amon O´ Cuı´v: ——is ag sa´bhaílt airgead na Mr. O’Shea: Nach bhfuil an cheist i bhfad nıós Gaeilge le haghaidh chur chun cinn na Gaeilge praínnı´ na´ mar a thaínig amach as an meíd a bhı´ ata´ muid leis an Acht na dTeangacha Oifigiu´ la. ra´ ag an Aire? Nach bhfuil an Ghaeltacht feín i Taímid ag cur dualgas ar na Ranna, as a gcistıócht mbaol? Nach bhfuil se´ i bhfad nıós ta´bhachtaı´ feín, dualgais a chomhlıónadh maidir le seirbhı´sı´ airgead a chaitheamh ar an scolaıócht sa a chur ar faíl. nGaeltacht seachas ar an Acht Teanga no´ , fiu´ amhaín, ar an sta´das oifigiu´ il ata´ bainte amach ag Mr. O’Shea: Ta´ se´ seo i bhfad nıós praínnı´. an nGaeilge san Eoraip? De reír na tuarasca´la, bıónn 10% de na daltaı´ a thagann amach as na E´ amon O´ Cuı´v: Exactly, agus sin an fa´th nach bunscoileanna agus na hiarbhunscoileanna sa dteastaıónn uaim go mbeadh ar mo Roinn-se nGaeltacht ar bheagań Gaeilge. Fa´gann 25% de airgead na Gaeilge a chaitheamh ag deánamh na daltaı´ an bhunscoil gan ach leibheál reásu´ nta obair Rann eile. Sin an buntaíste iontach a Gaeilge acu. Tagann 8% acu amach as na bhaineann leis an Acht. Is ag sa´bhaílt airgead na hiarbhunscoileanna gan ach leibheál reásu´ nta Gaeilge ata´ se´. Is ceist chairt chustaimeára ata´ i Gaeilge acu. Nach n-aonto´ dh an tAire liom? Ma´s gceist, mar shampla, tuarascaíl bhliantu´ il a chur rud e´ go bhfuil an Ghaeltacht i mbaol — agus is ar faíl san da´ theanga oifigiu´ il. Is ceist eile ı´ an e´ sin an rud ataá´ ra´ agam anois — ma´ theipeann leánn eínne tuarasca´lacha bliantu´ la, ach ar an nGaeltacht, teipfidh ar gach rud. Na´r cheart d’fheádfaı´ an cheist sin a chur faoin gceann a don Rialtas tabhairt faoin sceál seo go praínneach fhoilsı´tear i mBeárla chomh maith leis an gceann agus rud eígin substaintiu´ il a dheánamh? Ta´ an t- a fhoilsı´tear i nGaeilge. Sin ceist eile ar fad, a´fach. am ag druidim orainn anois. Ta´ an meath ann le Nı´ thuigim ceńfa´th go dtagann se´ sin anıós i fada, agus is ag dul in olc a bheas an sceál. Ta´ an gco´ naı´. Cinnte, ta´ se´ thar a bheith praínneach, Rialtas ag deíleaíl le rudaı´ ata´ teibı´ —caípeísı´ agus sin an fa´th go bhfuil mo Roinn go leanu´ nach nach leánn eínne a aistriu´ go Gaoluinn. Ar an ag ple´ leis an Roinn Oideachais agus Eolaıóchta laímh eile, a´fach, ta´ an Ghaeltacht i mbaol. Ta´ leis an rud seo a chur chun cinn. Ta´ go leor oibre Gaeilge na ndaltaı´ ata´ ag freastal ar na scoileanna deánta anseo. ag dul i laige. Ta´ an sceál ina phraća´s ar fad. Mr. O’Shea: Nı´ theánn aon rud as ach caint. Nı´ do´ igh liom go bhfuil an tAire ag tabhairt ´ faoin cheist seo chomh prainneach agus ba cheart. E´ amon O´ Cuı´v: Tiocfaidh go leor as, agus Caithfidh se´ dul go dtı´ an Rialtas agus cur ina cheana feín ta´ go leor tagtha. luı´ ar an Taoiseach agus an Aire Oideachais agus Eolaıóchta go bhfuil an fhadhb seo ann agus gur Mr. O’Shea: Cad a thiocfaidh? cheart tabhairt faoi blianta o´ shin. Ta´ an sceál mar ata´ se´ anois, a´fach, agus caithfear tabhairt E´ amon O´ Cuı´v: I bhfad nıós mo´ na´ mar a faoin sceál sin go praínneach. thaínig as an Roinn nuair a bhı´ paírtı´ an Teachta i gcumhacht. Mar shampla—— E´ amon O´ Cuı´v: Tho´ gfadh na ceisteanna agus na pointı´ ar fad a d’ardaigh an Teachta nı´ ba mho´ Mr. O’Shea: Nı´ raibh an tuarascaíl seo ar faíl ama na´ ata´ agam. Ta´ freagracht fheidhmiu´ il ar an uair sin. mholtaı´ na tuarasca´la ar an Roinn Oideachais agus Eolaıóchta. Is ro´ l tacu´ il e´ ata´ ag mo Roinn- E´ amon O´ Cuı´v: Nı´ raibh. Nı´lsı´ ar faíl ach le se san obair seo ar fad. Ta´ an fhreagracht maidir cu´ pla seachtain. Thaínig an tuarascaíl seo amach, leis an gceist seo go bunu´ sach ar an Roinn agus taímid cheana feín ag dı´riu´ , mar shampla, ar Oideachais agus Eolaıóchta. Caithfidh meé´ sin a cheist na gcu´ nto´ irı´ teangan sna scoileanna shoileíriu´ arı´st agus arı´st eile. Seo ceann de na Gaeltachta, sceím ata´ ag leathnu´ amach ar fud na fadhbanna. Ta´ tuairim thart go bhfuil freagracht tı´re anois. Taímid ag dı´riu´ , mar shampla, ar cheist 1101 Priority 29 June 2005. Questions 1102 na gcuairteoirı´ baile agus mar sin de. Ta´ nıós mo´ develop the facility and the problems it has acmhainnıá´ gcur ar sceímeanna o´ thaínig mise experienced, it might be preferable for them to isteach sa Roinn na´ mar a cuireadh le 50 bliain be rehoused on the mainland. What are the Mini- roimhe. Bhı´ treímhse comhghuallıóchta i gceist ster’s views on islanders suffering from illness freisin. moving to the mainland? While I appreciate that housing people with disabilities is the responsi- Offshore Islands. bility of other Departments, will the Minister consider facilitating people with cancer who may 13. Dr. Cowley asked the Minister for Com- need to move to the mainland for a period or munity, Rural and Gaeltacht Affairs if he will older people who wish to live close to medical consider introducing a scheme whereby island services which are unavailable on the island? residents who are mentally or physically impaired are offered a relocation or rehousing option on E´ amon O´ Cuıv: Unfortunately, as the Deputy the mainland to enable them to avail of necessary ´ will be aware, only a small number of people live services; and if he will make a statement on the on Inishbiggle, an island which has experienced a matter. [22706/05] significant population decline in recent years. I E´ amon O´ Cuı´v: I remind the Deputy that doubt if anybody on the island is in any doubt responsibility for housing persons with mental or as to the Department’s position on the cable car physical disability rests with my colleagues, the project, given that I visited the island during my Ministers for Health and Children and the Envir- most recent visit to County Mayo and spent more onment, Heritage and Local Government. than an hour explaining the precise position and However, with regard to the context in which the the parameters within which I was working. I also Deputy has tabled the question, he should note promised islanders that I would inform them if that the development of new piers in recent years the Department had approved the project once both on the island to which he refers and the my discussions with Ireland West Tourism and adjacent mainland has satisfied a key remit of my others had concluded. Department to provide safe access to the island The tragedy is that the cable car project could in question. In addition, his reference to the aban- have proceeded many years ago had it not been donment of a cable car project to the island — for various local difficulties and objections lodged incidentally, the only island to which such a at various stages. While people are entitled to service is under consideration — is inaccurate. object, the Department had to wait until all the The facts are that a grant of \1.84 million was problems were overcome before issuing compul- approved by me to the relevant local authority sory purchase orders and so forth. The scenario I for the provision of a cable car and associated faced in spring was that, on the one hand, I had services to the island. Furthermore, the local a report on my desk indicating that the cable car authority was recently authorised by me to pur- facility could not be justified purely as an island chase lands which had been the subject of com- project while, on the other, I was facing a dead- pulsory purchase order processes so that all line as regards the decision to purchase the land realistic options for providing the cable car required for the project. I took the decision that service could be usefully explored. the deadline was too close and I had not done In addition, my Department has engaged in enough homework in terms of examining the pro- discussions with Ireland West Tourism and the ject’s tourism potential to defray some of the local authority with a view to ascertaining the costs of constructing a cable car facility. As a tourism potential of the project and is actively result, I instructed my officials to inform Mayo examining the feasibility of securing partners County Council that it should proceed with the from the private sector to build and operate the purchase of the land in question to ensure the facility. project would remain intact. The Department will have to make a decision Dr. Cowley: I welcome the Minister’s reply on the issue. I have always believed, conditional because many people on the island in question on a wide range of factors falling into place, that believe the cable car project is dead. I acknowl- the project has island potential as well as signifi- edge his comments in this regard and welcome cant tourism potential, particularly in light of the any progress on the project. The late Po´ lO´ development of Ballycroy. This development Foighil — God be good to him — was very pro- potential will only be realised, however, if the active on this issue and the Minister has visited cable car operator drives it. the island on many occasions. I also welcome The question of old people living on the island improvements in the piers and in access to the who need to move to the mainland is a catch-22, island, without which islanders would be although it was not meant as such, in that if I am stranded. seen to be proactively encouraging or assisting People with illnesses experience considerable people to leave the island, others on the island difficulty travelling to and from the island and will argue that my intention is to kill the island. have been looking forward to having a cable car However, if I do not get proactively involved in facility, which should have been developed a long assisting those who need to leave the island, I will time ago. Constituents of mine have suggested be accused of not looking after people’s needs. If that in light of the length of time required to someone is seriously ill, the local authorities 1103 Priority 29 June 2005. Questions 1104

´ ´ [Eamon O Cuı´v.] Inishturk and I can vouch for the fact that while should look favourably on an application from the service is welcome, it is not dedicated and its that person and I would make a strong case that availability and the equipment it carries depends if there were good medical or social reasons for a on the other jobs it must do. The helicopter emer- person to leave the island, the fact that he or she gency medical service would be a flying intensive has a house on the island should not be a reason care unit that would bring definitive medical for not giving that person a house on the main- treatment to people on the islands. land. I would articulate that view on behalf of someone on an island who needed mainland resi- E´ amon O´ Cuı´v: The Deputy is trying to lead dence because of illness if I was asked to. I do me into a wider issue that would be just as perti- not want someone saying that because a person nent on the mainland as on the islands. has a perfectly good house, he or she can stay there. If illness is involved, and if it would be Dr. Cowley: It is particularly important for better for his or her health to stay on the main- the islands. land, it would be right and humane and I would make that point to any local authority. My experi- E´ amon O´ Cuı´v: Lift time into a hospital from ence, however, is that local authorities are sym- the islands because of the provision of helipads pathetic. They are trying to keep the same and the willingness of rescue services to provide balance as us — not to depopulate the island in a the service would be considerably quicker than in driven fashion and to take a social view of indi- large parts of the mainland in my constituency. vidual circumstances. Dr. Cowley: That is true. Dr. Cowley: I appreciate that the Minister was ´ ´ on the island and that he is sincere but people Eamon O Cuı´v: I am not a doctor, I cannot have been waiting for so long that they do not argue about one service but the helicopters and believe what they are told. helipads are available and there is quick lift time Dedicated helicopter emergency medical from the islands. services would make people feel much more secure on the islands. The Minister knows of the National Drugs Strategy. tragedies that have occurred on the 14. Mr. English asked the Minister for Com- 3 o’clock islands. There is currently a delay in munity, Rural and Gaeltacht Affairs the main getting the definitive medical treat- aspects of the national drugs strategy for which ment the helicopter emergency services would considerable progress remains to be achieved; the bring to the islands. Would the Minister support way in which he intends to ensure that all of the this? It does not fall within the remit of his 100 recommendations in the strategy and those Department but he might ask his colleagues to amended through the mid-term review of the support helicopter emergency medical services. strategy are implemented in full by the strategy’s They would be a great boon to older people on end; and if he will make a statement on the the islands and a reason for people to stay there. matter. [23014/05] E´ amon O´ Cuı´v: Inishbiggle has one of the best Minister of State at the Department of Com- helipads in the country and my Department put munity, Rural and Gaeltacht Affairs (Mr. N. it in. I recognise that helicopter evacuation in Ahern): The Cabinet Committee on Social terms of illness or other emergencies is vital. Inclusion agreed the report of the steering group Doctors based on the islands full-time always tell on the mid-term review of the national drugs me they get an excellent service from both the strategy in April and it was published earlier this search and rescue helicopter and the Air Corps. month. The report is the culmination of the mid- term review, a comprehensive review process Dr. Cowley: When they are available to give launched last year and included extensive public the service. consultations. A steering group, chaired by my Department, E´ amon O´ Cuı´v: I have kept in touch about this. made up of the relevant Departments and agen- There is more than one doctor on the Arann cies, as well as the community and voluntary sec- Islands and I have not received any complaints tors oversaw the review. External consultants also about availability, particularly from the Arann assisted the steering group. The review sought to Islands, which have the largest population and assess the impact and direction of the strategy at the most calls out. Other doctors on the west this mid-point stage and, in this regard, the group coast have said the same. concentrated on identifying adjustments to the existing strategy and highlighting priorities for Dr. Cowley: It is not just a question of avail- the second phase up to 2008. ability but having the right equipment to do the The steering group found that the current aims job. People have been become hypothermic while and objectives of the drugs strategy are funda- waiting for intensive care medical treatment that mentally sound. There are encouraging signs of helicopter emergency medical services would progress since 2001 when the strategy was first have but the Air Corps and search and rescue launched which suggest that our current approach units do not have. I worked on Clare Island and to tackling the drug problem is proving effective. 1105 Priority 29 June 2005. Questions 1106

At the same time, however, the review highlights other problems are developing around us, which the need to re-focus priorities and accelerate the we ignore. Effort must be put into work in the roll-out and implementation of various key regions. actions in the remaining period of the strategy up How many of the regional drugs task forces to 2008. In this context, new actions and amend- have submitted plans? Have those plans been ments have been identified. These changes should reviewed? What plans exist for funding them? help strengthen the strategy and enable it to Will the Department play an active role in push- better deliver its aims. ing for results? There has been a lack of urgency Ten of the strategy’s existing actions are being in dealing with the regional drugs task forces in replaced, seven of the existing actions are being recent years. It is too easy to say they have not amended and there are eight new actions that aim reported or submitted their plans. The Depart- to address issues such as family support and ment must drive the regional task forces to get rehabilitation. The review found that 49 of the results and make changes. The Department original 100 actions outlined in the strategy are cannot do everything but it must give them a bit completed or of an on-going nature, progress was of a push and display a sense of urgency. on-going on a further 45 and there were six The Minister of State is not responsible for all actions on which considerable progress has to be the problems but he is the man in charge of driv- made. ing these projects. How proactive is the Depart- Of the six, actions 61 and 72, relating to half- ment of Health and Children? According to the way houses and drugs training for professionals, Department’s figures, 59 initiatives are still are of a long-term nature and require consider- awaiting implementation. What role will the ably more work to bring them about and this is Department of Health and Children play? Is it continuing. Other actions are the subject of spec- considering a withdrawal of support from the ific recommendations in the mid-term review, drugs task forces, leaving them to the Depart- such as the eleventh action on the community ment of Community, Rural and Gaeltacht policing fora, action 63 on needle exchange and Affairs? action 77 on meeting the Oireachtas committee. The Department of Health and Children failed On action 23, the Irish Prison Service advises to provide immediate access for drug abusers to that it would not be useful to undertake a review professional assessment and counselling by health at this time. It would be more beneficial to intro- board services in all areas. There are major wait- duce the new prisons drugs policy and to under- ing lists. That is the fault of the Department of take the review when the new policy has been in Health and Children and the Health Service place for a reasonable period to allow for mean- Executive which have failed to develop enough ingful evaluation. It is proposed that the review drop-in centres and half-way houses for which will be initiated in 2007. there is a major demand. In the judicial area, the On monitoring the strategy, the mid-term rolling out the community policing fora is badly review has been a very useful exercise, allowing needed as they do work. Communities must for a stock-take of progress at this mid-point in become involved in solving their problems and time. The strategy will continue to be monitored young people must be involved in projects in their through the interdepartmental group on drugs, areas, getting to know the gardaı´ through the which I chair and through the Cabinet Committee community policing fora. on Social Inclusion. The IDG meets regularly to Not every Garda station has a specific drug unit assess progress by Departments and agencies in or squad. A station may have access to one or be achieving the targets set for them and any able to request a drugs unit from headquarters. obstacle to the implementation of any of the This is not good enough as a rapid reaction is actions are brought to light and discussed at these needed. The Garda will put more effort into tack- meetings. Reports on the implementation of the ling other criminal activity which is easier because strategy are presented to the Cabinet Committee drugs offences are more long term. on Social Inclusion on a regular basis. My Department, in conjunction with the rel- Mr. N. Ahern: Progress has been considerable. evant Departments and agencies, will draw up a Seven of the ten regional plans have been submit- revised framework for the implementation of the ted. The first tranche of resources of these will be recommendations in the mid-term review, includ- announced in the next ten to 14 days. The ing timescales. This will be presented to the IDG Department is driving it through the national in the coming months. drugs strategy team. The problem has spread to other Leinster towns as evidenced with the recent Mr. English: The mid-term review showed deaths, which are sad. That is what the regional some progress but I fear we might become com- task force plans will attempt to address. We have placent. There are still many problems because not always got co-operation from some towns, progress is not balanced, it has been made in the which I do not wish to name. city but the problems are growing worse in the regions, with a report yesterday showing that Mr. English: I understand that. deaths had risen ten fold. The new framework should concentrate on all areas and not just the Mr. N. Ahern: However, some of these towns city. There is no point fixing one problem while have adopted the attitude that the problem does 1107 Priority 29 June 2005. Questions 1108

[Mr. N. Ahern.] agus ta´ sı´ ar faíl anois mar eiseamla´rdo not exist or if it is ignored it will go away. The chomhlachtaı´ poiblı´ eile. only way to tackle a problem is by providing D’fhogair me´ ar an la´ ceánna ainmneacha an services. Treatment is one of the main pillars of cheád 25 chomhlacht poiblı´ a bhfuil iarrtha i the strategy, which is focussed through the scrı´bhinn agam orthu dreácht-sceím a ullmhu´ ,i Department of Health and Children. gcomhreír leis na dTreoirlıńte sin. I measc na There were indications that some new people gcomhlachtaı´ sin ta´ Ranna Rialtais, u´ daraís aíti- in the Health Service Executive were trying to u´ la, boird slaínte agus institiu´ idı´ 3u´ leibheál. Ta´ back off on this as the drugs strategy is not the na dreacht-sceímeamma sin a´ scru´ du´ ag oifigigh only problem the executive has. Some new mo Roinne le tamall anuas agus taá´thas orm a brooms would rather it went away. However, I chur in iu´ l go bhfuil cuid mhaith de na dreácht- believe we have successfully handled this issue. sceímeanna sin daingnithe agam anois. Taím do´ chasach go mbeidh na sceímeanna don 25 Acht na dTeangacha Oifigiu´ la. comhlacht poiblı´ ar fad daingnithe agam roimh dheireadh an tsamhraidh. 15. D’fhiafraigh Mr. O’Shea den Aire Gno´ thaı´ Ta´ roghnu´ an cheád gru´ pa eile de chomhlachtaı´ Pobail, Tuaithe agus Gaeltachta ceń dul chun poiblı´, a mbeidh me´ ag iarraidh orthu dreácht- cinn ata´ deánta aige o´ thaobh chur i bhfeidhm sceím a ullmhu´ , idir la´mha agam agus ta´ i gceist Acht na dTeangacha Oifigiu´ la; agus an ndeán- agam fo´ gra faoi sin a dheánamh go han-luath. faidh se´ raíteas ina thaobh. [22578/05] Ta´ mo Roinnse ag obair, i gcomhar le hOifig E´ amon O´ Cuı´v: Mar a du´ irt me´ go minic an Dreáchto´ ra Parlaiminte, ar dhreácht de na ria- cheana, taím sa´sta go bhfuil dul chun cinn suntas- lachaín a dheánfar faoi alt 9(1) den Acht. Ce´ nach ach a´ dheánamh ag mo Roinn maidir le cur i feidir liom da´ta cinnte a lua, taím do´ chasach go bhfeidhm fhora´lacha an Achta ar bhonn cheími- mbeidh ar mo chumas na Rialachaín sin a dheán- u´ il. Taím sa´sta freisin go n-eíreoidh leis na amh go luath. comhlachtaı´ poiblı´ na dualgais reachtu´ la a thitfidh orthu go ceímiu´ il faoin Acht a chomhlıónadh Mr. O’Shea: Gabhaim buıóchas leis an Aire as agus go deimhin go nglacfaidh said leis an du´ sh- ucht an fhreagra sin. Go dtı´ seo, a´fach, nı´l ach 25 lań le meon dearfach agus sa spiorad ceart. Ar comhlacht poiblı´ agus Roinn i gceist. Ceárd ata´ le ndo´ igh, beidh gach sceím dreáchtaithe ag na ra´ aige faoin bhfigiu´ r a luaigh a chomhghleacaı´, comhlachtaı´ poiblı´ i gcomhtheács agus ar bhonn an tAire So´ isialta agus Gno´ thaı´ Teaghlaigh, an na n-acmhainn, idir airgead agus foireann, ata´ acu Teachta Brennan, go gcosno´ dh se´ \500,000 fora´l- no´ a bheidh ar faíl do´ ibh le linn threímhse na sce´- acha an Achta a chur i bhfeidhm sa Roinn sin? ime. Nı´ feídir gach rud a bhaint amach thar oıćhe Cad ata´ le ra´ aige faoin urlabhraı´ de chuid Aer agus, mar a du´ irt meó´ n dtu´ s, is ı´ an aidhm ata´ Lingus a du´ irt nach bhfuil siad sa´sta leis an Acht, agam na´ go mbeidh feabhsu´ chaín a´ mbaint o´ s rud e´ go mbeidh siad in iomaıócht le amach, thar threímhse roinnt sceímeanna b’fheí- comhlachtaı´ prıóbhaídeacha nach mbeidh fora´la- dir, ar leibheál agus ar chaighdeań na seirbhı´sı´ cha an Achta ag baint leo? Ceárd faoin measta- poiblı´ a bhıónn a´ gcur ar faíl trı´ Ghaeilge, de chań sealadach a cuireadh isteach anuraidh go reír eílimh. gcosno´ dh se´ \8 milliu´ n do na comhairlı´ contae An meíd sin raíte, is gno´ do na comhlachtaı´ agus cathrach fora´lacha an Achta a chur i poiblı´ feín, ar ndo´ igh, a chinntiu´ go gcomhlıónfar bhfeidhm. na dualgais a thitfidh orthu faoin Acht seo sa Ta´ a fhios ag an Aire go bhfuil meá´ chaíneadh chaoi cheánna agus a chomhlıóntar dualgais faoi feín agus ag caíneadh na Roinne le fada o´ s rud e´ aon reachtaıócht eile. nach ndearnadh aon mheastachań ceart ar na Seo a leanas roinnt de na prıómh-cheímeanna costais fora´lacha an Achta a chur i bhfeidhm go ata´ to´ gtha go da´ta maidir le cur i bhfeidhm an hiomlań. Deárfaidh me´ an rud seo leis, a´fach. Achta. Rinne me´ ordu´ tosach feidhme ar 19 Ean- Bhıómar ag caint inniu mar gheall ar an nGael- aír 2004 a thugann feidhm don chuid is mo´ d’fhor- tacht i mbaol. Is e´ an rud ata´ ag goilliu´ int orm na´ a´lacha an Achta le heífeacht o´ nla´ sin agus o´ 1 go bhfuil seans ann go mbeidh caípeísı´ nach leíf- Bealtaine 2004 i gca´s alt 10. idh eínne a´ n-aistriu´ go Gaoluinn. Deir daoine go Bunaıódh ag tu´ s na bliana 2004, Oifig Choimis- ndeánfar an rud ceánna leis an mBeárla — go ineír na dTeangacha Oifigiu´ la agus ar an 23 mbıónn caípeísı´ Beárla ann nach leánn eínne agus Feabhra 2004, cheap UachtarańnahE´ ireann an nach aon stro´ e´ an rud ceánna a dheánamh o´ tUasal SeańO´ Cuirreaín mar cheád Choimisineír thaobh na Gaeilge de. Nı´ aon fhreagra e´ sin. Is Teanga. Ta´ foireann agus sola´thar airgid cuı´ cur- ceart na caípeísı´ Beárla nach leítear a chur ar ceal tha ar faíl ag mo Roinnse leis an oifig a bhunu´ freisin. Sin an rud is ta´bhachtaı´. agus a riaradh. Ta´ an oifig lonnaithe sa Spideál i I ndeireadh na da´la, a´fach, ta´ an chuma ar an nGaeltacht na Gaillimhe. sceál go gcosno´ idh se´ cuid mhaith airgid fora´lacha Foilsıódh ar 30 MeańFo´ mhair 2004 an leagan an Achta a chur i bhfeidhm go hiomlań do thart daingnithe de na Treoirlıńte a ullmhaıódh faoi alt ar 642 comhlacht poiblı´ agus Roinn. Ceárd faoi 12 den Acht chun cabhru´ le comhlachtaı´ poiblı´ Aer Lingus, Bus E´ ireann agus Bus A´ tha Cliath, dreácht-sceím a ullmhu´ faoi alt 11 den Acht. Ta´ a´fach? Ta´ siadsan in iomaıócht le comhlachtaı´ sceím mo Roinne feín faoin Acht don treímhse prıóbhaídeacha agus nı´ bheidh na fora´lacha seo 2004-07 foilsithe freisin o´ 30 MeańFo´ mhair 2004 ag baint leo sin. Sin rud ar cheart don Aire dı´riu´ 1109 Priority 29 June 2005. Questions 1110 air freisin. Nach bhfuil se´ in am anois meastachań Cuirim mar seo e´.Ta´ an-chaint ar mhıćhumas. a dheánamh ar ce´ mheád a chosno´ idh se´ go dı´re- Beidh costas ar shola´thar a chur ar faíl do dhrea- ach don Sta´t agus do na comhlachtaı´ poiblı´ an manna mıćhumais. Titfidh se´ sin amhaín ar an tAcht seo a chur i bhfeidhm? Nı´lmo´ rań airgid ag dream nach raibh cothrom ceart a´ dheánamh acu aon Roinn, agus go mo´ rmho´ ragnahu´ daraís aíti- do dhaoine le mıćhumais go dtı´ seo. Nı´ thitfidh u´ la — airgead a bheadh a´ chaitheamh ar rudaı´ aon chostas ar an dream a bhı´ ag cur seirbhı´s nach bhfuil aon fhiu´ ntas ag baint leo i ndaírı´re. cheart ar faíl. Ma´ ta´ costais ar dhreamanna aíri- Beidh neart caípeísı´ ann agus an-easpa leitheoirı´. the, is mar go raibh easpa seirbhı´se agus mar gur theip go hiomlań is go huile ar na treoirlıńte E´ amon O´ Cuı´v: Maidir le hAer Lingus, mar is deonacha a chuir an Teachta Michael D. Higgins eol don Teachta, ta´ sola´thar san Acht le haghaidh ar aghaidh nuair a bhı´ se´ ina Aire agus e´ feín ag an ruda a d’ardaigh se´.Ma´ ta´ dualgas ar maıómh gur reítigh se´ sin fadhbanna seirbhı´se trı´ chomhlacht Staít ata´ in iomaıócht le comhlachtaı´ Ghaeilge. Is leír gur theip air. Ma´ ta´ costas anois prıóbhaídeacha, ta´ sola´thar faoin Acht leis an air, is mar gur theip ar na treoirlıńte deonacha a bpaírc a choinneaíl cothrom. Chonaic me´ tagairt raibh an oiread sin gaisce a´ dheánamh astu. sa bpaípeár—— Mr. O’Shea: Ta´ me´ ag eísteacht leis an Aire, Mr. O’Shea: An ndeánfaidh an tAire e´ sin? ach i ndeireadh na da´la, ta´ ceist bhunu´ sach ann. Cad go dı´reach a chosno´ idh cur i bhfeidhm an E´ amon O´ Cuı´v: Ma´ bhıónn ga´ leis, cinnte. Nı´l Achta ina iomlań? Ce´ mheád a chosno´ idh se´ don a fhios agam ceńfa´th go raibh Aer Lingus ag Sta´tchiste agus don phobal? Ba chomhair measta- tagairt do´ sin. Bhı´ se´ ag caint ar fho´ graıócht, agus chań ceart — chomh ceart agus is feídir — a nı´l aon rialachańdeánta agam faoi fho´ graıócht, dheánamh. Na´r cheart feáchaint ar ceńu´ saíd ar agus nı´l aon mhaith do dhaoine bheith ag caint ar feídir a bhaint as an airgead ar son na Gaeilge? rud nach bhfuil ann. Ta´ an chuma ar an sceál go bhfuil an Ghaeltacht Maidir leis an rud a du´ irt an Teachta faoin i mbaol, agus sin an phrıóbhfhadhb ata´ ag an Roinn Gno´ thaı´ So´ isialacha agus Teaghlaigh, ta´ Rialtas seo. Nil me sa´sta ar chor ar bith go bhfuil \500,000 curtha ar leataobh aici sna Meastachaín an tAire seo sa´sta tabhairt faoin fhadhb sin, an le haghaidh fheidhmiu´ an Achta. Deir se´ sin dha´ ceann is praínnı´ da´ bhfuil ann. B’fhearr leis rud. Ar an gceád dul sıós, deir se´ go soileír nach bheith ag deíleaíl le rudaı´ ata´ teibı´ agus a bhaine- raibh seirbhı´s cheart trı´ Ghaeilge a´ cur ar faíl ag ann le cu´ rsaı´ acadu´ la, b’fheídir. an Roinn Gno´ thaı´ So´ isialacha agus Teaghlaigh go ´ dtı´ seo. E´ amon O Cuı´v: Ta´ an tAcht Teanga thar a Molaim´ ı as ucht a gcearta a thabhairt do lucht bheith ta´bhachtach do phobal na Gaeltachta. Den na Gaeilge. Ma´ chosnaıónn se´ an sciar sin den cheád uair ariamh, beidh siad in ann—— bhuiseád, bıódh se´ mar ata´.Ta´ su´ il agam nach bhfuil me´ mıćheart sa bhfigiu´ r. Ta´ a fhios agam Mr. O’Shea: Ar chuir an tAire an cheist orthu? go bhfuil se´ luaite anseo aít eígin, ach nı´lme´ in ´ ´ ann mo la´mh a leagan air. Ma´s buan mo chu- Eamon O Cuı´v: Ta´ me´ i mo cho´ naı´ sa imhne, ta´ an Teachta ag caint ar an seú´ cuid de nGaeltacht. 1% de bhuiseád riarachaín na Roinne Gno´ thaı´ Mr. O’Shea: Ar chuir se´ an cheist orthu? So´ isialacha agus Teaghlaigh. Ta´ se´ sin nıós lu´ na´ 0.2% den bhuiseád riarachaín. Seo an dearcadh E´ amon O´ Cuı´v: Ta´ mise i mo cho´ naı´ sa ata´ agam air. Ma´ ta´ costais ag baint leis na dual- nGaeltacht. gais dlı´thiu´ la a chomhlıónadh, sa´bha´lfaidh se´ sin ´ ´ ´ ´ ´ ´ ´ ´ 0.2% ait eigin eile. Nılsesubstaintiuil. Nılseab- Mr. O’Shea: Ta´ a fhios agam, ach ar chuir se´ hartha i gcomhtheács bhuiseíd iomlaín. an cheist orthu? Nı´l costas da´ laghad ar na heagraıóchtaı´ Staít a bhı´ ag cur a gcearta ar faíl do lucht na Gaeilge. E´ amon O´ Cuı´v: Ce´ air? Mar shampla, nı´l aon chostas ar fiu´ caint air do mo Roinn feín. Bhı´ muid ag deánamdh gach rud Mr. O’Shea: Ar mhuintir na Gaeltachta. An da´ bhfuil sa bplean. Nı´lse´ ag cur aon chostais bhfuil an tAcht seo ag teastaíl uathu? Nıór chuir breise orainn. Nı´l aon chostas, mar shampla, ar se´ an cheist sin orthu. U´ dara´s na Gaeltachta cloı´ leis an Acht Teanga, mar bhı´ se´ ag feidhmiu´ i gceart. Is beag costas ata´ E´ amon O´ Cuı´v: Cuirim mar seo e´.Nah- ar Oifig an Ombudsman mar bhı´ sı´ ag deánamh urlabhraithe—— na rudaı´ ata´ riachtanach de reír an Achta. Mar sin, ma´ ta´ comhlachtaıáírithe a bhfuil costais Mr. O’Shea: An measann an tAire go bhfuil an orthu, sin le ra´ nach bhfuil seirbhı´sıá´ gcur ar faíl freagra aige? Ta´ mise a´ ra´ go gcuirfeadh se´ ion- acu. Ta´ dreamanna eile nach bhfuil aon chostas adh ar an Aire da´ gcuirfeadh se´ an cheist ar mhu- ag baint leo mar bhı´ an tseirbhı´s agus ceart a´ intir na Gaeltachta. dtabhairt don dream a u´ saídeann Gaeilge sa tı´r seo. Is fadhb do chuile chomhlacht e´ taobh istigh E´ amon O´ Cuı´v: Nı´l a fhios agam ceń chaoi a da´ chuid acmhainnı´ tosu´ a fheidhmiu´ taobh istigh gcuirfı´ an cheist sin seachas i reifreann, ach na den dlı´. daoine—— 1111 Other 29 June 2005. Questions 1112

Mr. O’Shea: Is e´ an Teachta an tAire. Faigh aon bhealach lena fhaíl amach ach reifreann a an tslı´. chur ar bun, agus nı´l aon sola´thar do reifreann mar sin i gca´s mar seo. Nı´ fhaca me´ aon Aire E´ amon O´ Cuı´v: Bıónn na hurlabhraithe pobail ariamh a chuir reifreann ar bun maidir le ceist sa nGaeltacht a´ ra´ go bhfuil se´ thar a bheith ta´b- polasaı´ den chinea´l seo. O´ n eolas ata´ agam—— hachtach go mbeadh seirbhı´sı´ ar faíl trı´ mheańna Gaeilge. An bhfuil an Teachta a´ ra´ liom go bhfuil Mr. O’Shea: Nı´l a fhios ag an Aire. Nıór fhreag- se´ ceart no´ mıćheart gur feídir le duine o´ n nGael- air se´ an cheist. tacht ar mhaith leis caín bho´ thair a chur ar a charr dul isteach in oifig phoiblı´ agus seirbhı´s a fhaíl o´ n E´ amon O´ Cuı´v: Ca´ bhfios an dteastaıónn aon duine ata´ taobh thiar den gcu´ ntar i nGaeilge no´ reachtaıócht uainne? Bheadh reifreann i mBeárla? seafo´ ideach. Mr. O’Shea: Iarr orthu. Other Questions. E´ amon O´ Cuı´v: An bhfuil an ceart sin acu? ———— Mr. O’Shea: Iarr orthu an bhfuil se´ ag teastaíl uathu. National Drugs Strategy. 16. Mr. Durkan asked the Minister for Com- An Leas-Cheann Comhairle: Caithfimid dul ar munity, Rural and Gaeltacht Affairs the extent to aghaidh anois. which he will offer increased financial support to communities throughout the country attempting ´ ´ Eamon O Cuı´v: Ta´ an Teachta a´ ra´ liom na´r the combat the drugs problem; and if he will cheart go mbeadh se´ de cheart—— make a statement on the matter. [22755/05] Mr. O’Shea: Nı´ aontaı´m leis an Aire. 301. Mr. Durkan asked the Minister for Com- munity, Rural and Gaeltacht Affairs the extent to E´ amon O´ Cuı´v: Mar dhuine Gaeltachta which he can offer financial assistance to com- amhaín, ta´ mise in ann ra´ leis an Teachta go munity groups involved in combating the drugs bhfuil se´ ag teastaíl uaimse. problem throughout greater Dublin; and if he will make a statement on the matter. [23205/05] Mr. O’Shea: Duine amhaín. Mr. N. Ahern: I propose to take Questions E´ amon O´ Cuı´v: An bhfuil an ceart sin agam Nos. 16 and 301 together. \ mar shaorańach an Staít seo seirbhı´s a fhaíl mar My Department was allocated 31.5 million to dhuine ata´ ina cho´ naı´ sa nGaeltacht trı´ mheańna fund drugs initiatives in 2005, which represents an Gaeilge ma´ theastaıónn se´ uaim caín a chur ar 18% increase on last year’s budget. Through the mo charr agus dul isteach san oifig chańach i funding available to me, the valuable work being nGaillimh agus deíleaíl leis an gcigire cańach? An done by local drugs task forces, LDTFs, and the bhfuil an ceart no´ nach bhfuil an ceart agam an young peoples facilities and services fund, gno´ sin a dheánamh i nGaeilge? Sin an cheist a YPFSF, will continue to be supported and gcaithfidh Paírtı´ an Lucht Oibre a fhreagairt. Gla- developed. caim leis go bhfuil an Teachta a´ ra´ nach bhfuil an In addition, the following new initiatives will ceart sin agam. Ta´ me´ an-bhuıóch den fhreagra be rolled out. A new fund to tackle emerging sin. Ta´ siad oscailte faoi dheireadh. Creidimse, needs in the LDTF areas will be provided. I hope agus creidim go gcreideann formho´ r an phobail, to make some announcements in this regard go mba cheart go mbeadh ceart ag duine o´ n nGa- shortly. The Department will also continue to eltacht bunseirbhı´sı´ — agus taímid ag caint ar lıón support a number of pilot projects which were an-teoranta seirbhı´sı´ — a fhaíl trı´ mheań na Gae- announced last Christmas specifically to tackle ilge o´ n Sta´tcho´ ras. Is leír nach gcreideann an cocaine. Funding will also be allocated to Teachta e´ sin. Ta´ an-a´thas orm anois go bhfuil a implement the action plans from the regional fhios agam ca´ seasann Paírtı´ an Lucht Oibre ar drugs task forces. In this context, the Deputy an gceist seo, agus ta´ me´—— should note that I will be make initial allocations to six of the regions in the next few weeks. Seven Mr. O’Shea: Ceapann an tAire e´ sin. Nıór chuir plans have been received and this allocation will se´ an cheist. Na´ bıódh seá´ ra´ go bhfuil mise—— consist of a first tranche of the funding. A third round of capital funding under the young peoples An Leas-Cheann Comhairle: Ceist Uimh. 16 facilities and services fund in local drugs task don Aire Staít. force areas will also be announced shortly. A further round of funding through the premises E´ amon O´ Cuı´v: Mar a deirim, seachas reifre- initiative for community-based drugs projects in ann, nı´l aon bhealach ann seachas an bealach a local drugs task force areas will also be made this chuir me´ na ceisteanna. O´ na ceisteanna a chuir year. Moreover, additional administrative sup- mise ar phobal na Gaeltachta, ta´ an buncheart sin ports for some local drugs task forces will be uathu. Ma´ chreideann an Teachta a mhalairt, nı´l rolled out. 1113 Other 29 June 2005. Questions 1114

The Deputy should also note that in addition Mr. N. Ahern: I did not catch the Deputy’s first to the initiatives noted earlier, over recent years point. On the multi-annual funding, all the fund- a large number of projects which were initially ing is rolled out in accordance with plans submit- developed through the local drugs task forces and ted and approved. That part is all right. When the the young peoples facilities and services fund projects are in place for a certain period of time, have been taken into the mainstream by various they are evaluated. The theory is that they are Departments and agencies. It is estimated that in mainstreamed back into the Departments of Edu- monetary terms, these make up a further \19 mil- cation and Science, Health and Children and so lion to \20 million so that in total, a sum of more on, and the funding becomes part of the establish- than \50 million has been invested in projects ment thereafter. They must be evaluated and which started at local drugs task force level and examined. Every project does not get the nod or which continue on an ongoing basis. approval. A project might get approval in part. Once projects are mainstreamed, there is consist- Additional information not given on the floor of ency of funding. That is built into the system the House. thereafter. What was the Deputy’s first point? This Government continues to tackle the drug problem in the most comprehensive way possible. Mr. English: I asked about the increase in In this context, the Deputy should note that the insurance costs. CE programmes used to get staff mid-term review of the drugs strategy, which was but it is becoming difficult for many of them to hold on to them. I refer to organisations such as published in early June, found that there are the National Youth Federation. encouraging signs of progress since 2001 when the strategy was first launched. This suggests our cur- Mr. N. Ahern: If it was part of the organis- rent approach to tackling the drug problem is ation’s plan and if it was a genuine cost, it would proving to be effective. be allowed. An organisation would get a slight increase based on its staff projects. Mr. English: If I speak in Irish, am I allowed speak for longer? Mr. English: The question was not really about new projects but about existing ones. I probably E´ amon O´ Cuı´v: Deputy English should try it. worded the question wrongly.

Mr. English: I might try. Mr. N. Ahern: I think that is covered.

An Leas-Cheann Comhairle: As these are ordi- Mr. F. McGrath: Does the Minister of State nary questions, the Deputy’s supplementary accept we have had a major crisis in dealing with questions are limited to one minute. the drugs issue, particularly over the past five or six months? I welcome the announcements on E´ amon O´ Cuı´v: The Deputy will be permitted dealing with the cocaine problem. Is the Minister to speak for two minutes if he speaks in Irish. of State aware that many crimes, including violent crimes, are committed by people who are coked Mr. English: It is like the leaving certificate up, or high, on cocaine and that it has been used where one gets extra points. The Minister of State by those involved in gangland murders? will have a busy summer travelling throughout I refer to strategies to tackle the drugs prob- the country announcing these funds and handing lem. We need a more targeted response to deal out cheques. I look forward to pursuing him as with it because considerable amounts of money he does so. However, many of these programmes are being made from drugs, there are gangland murders and children’s lives are being destroyed. are under much pressure and need increased Does the Minister of State accept this is a reality grants because of increases in the costs of for many people? Is he aware of the widespread insurance and staff. Can he examine the prog- intimidation of communities every night of the rammes which have received grants over recent week? There are two areas in my constituency years to see if it is possible to provide them with where everything seems to close down after 9 extra money? These announcements, which p.m., where there is violence, fear and intimi- include some new schemes and some new places, dation and where people are afraid to leave their will be made in the next few weeks. flat complexes or estates. What response would With regard to multi-annual funding, is it pos- the Minister of State encourage as part of the sible to give projects a commitment over a strategy to deal with this problem? Is he aware number of years? In that way, people will not be that many of our ports and small harbours are obliged to spend half the year trying to raise used to import dangerous drugs? money through golf or poker classics or by whatever means to guarantee money for the following Mr. N. Ahern: There is a problem in the drugs year. They could get on with the job we need area and there is a strategy in place to deal with them to do, that is, tackling drug abuse and help- it which is receiving considerable funding from ing young people go down different routes by Government. Over the past seven or eight years, keeping them busy doing something else. Are approximately \200 million has been provided there any plans to go down that route? through the local drugs task forces and the young 1115 Other 29 June 2005. Questions 1116

[Mr. N. Ahern.] this amount will be spent in full before the end people’s facilities and services fund, not to men- of the year. tion all the money spent by the Garda and Cus- toms and Excise on law enforcement and by the Mr. O’Shea: This is one of the good schemes in Department of Health and Children on treatment the Gaeltacht. I wish to ask about older people, and on education and awareness campaigns. We particularly those living alone, who want to seal only provide the money which goes to the local their houses against the elements, that is, win- drugs task forces and the young people’s facilities dows, doors and so on, and want central heating. and services fund. Are the number of applications in that category I do not know what the Deputy means by a going up or down? If they are going down, is it more targeted response. We have just done a an indication that, after a number of years, the mid-term review of the strategy. All the State back has been broken in respect of the number agencies and voluntary and community groups of people whose houses require this type of reno- were involved in it and had an input. The review vation or refurbishment? It is very important that took almost 12 months. There has been exhaus- older people are looked after in this regard. I am tive consultation so that everyone can feel part of interested to know the trends in this regard and and claim ownership of it. What has emerged is what the Minister sees as the ongoing need in that the product of everyone’s involvement. sector in the Gaeltacht areas. There is crime and there are areas in which ´ ´ there are difficulties but we have provided nearly Eamon O Cuı´v: There is a simple explanation \100 million through the young people’s facilities for the numbers. The Deputy might remember and services fund, including \3.2 million for the that my predecessor, Deputy Michael D. Higgins, new hall in Donnycarney in the Deputy’s con- ended the grants except for over 65 year olds but, stituency. We realise it is not enough just to tell to cut a long story short, they were restored fol- young people not to get involved in drugs. One lowing some issue with the Ombudsman. I agree must try to give them alternatives and point them with the Deputy that it is a fantastic scheme. There are a number of attractions. The amount in the direction of healthy sporting or other pur- of money concerned is fairly small and is limited. suits. Much money is being spent in that way. The scheme is now means-tested and it is quick, The youth service, certainly in the Dublin area, efficient and demand-led. has been totally revitalised in recent years In 1999 I changed the rules and, for the first through money from the young people’s facilities time, people installing central heating as an and services fund. It tries to give people in “at essential repaid became eligible for grant assist- risk” areas the opportunity to keep away from ance. At that time the maximum grant was £2,300 drugs and that is part of the way in which the and it was increased to £4,000. We increased the strategy operates. island grant considerably to £12,000. The effect of that was a huge rush of applications. The fantastic Housing Grants. beneficial effect was that many people, partic- 17. Ms McManus asked the Minister for Com- ularly elderly people and people living in poor munity, Rural and Gaeltacht Affairs if he will circumstances, got central heating for the first account for the rising demand for housing in time because of the change in the rule. There is Gaeltacht areas that has seen the amount of a rule that once one gets the grant, one cannot money allocated for grants under the Housing get another grant for seven years. Many people (Gaeltacht) Acts rise by over \500,000 for 2005; received the grant three, four or five years ago and if he will make a statement on the matter. and cannot apply for a grant for further works [22597/05] until the seven years have elapsed. The most common applications are for repairs to doors and E´ amon O´ Cuı´v: The demand for housing grants windows and for central heating, things in which under the Housing (Gaeltacht) Acts has not one can make a significant dent with approxi- increased in the past few years. Indeed, following mately \5,000. Some 75% of the cost, or \5,000, increases in the number of applications from is provided. Considerably more money is avail- 1,025 in 1998 to a high of 1,486 in 2000, the able to those on the islands because the cost of numbers have fallen back incrementally to 911 in building on them is much higher than on the 2004. It is expected that the number of appli- mainland. cations this year will be comparable with last year. This is a reflection of the success of the Mr. O’Shea: Grants were paid in respect of 151 scheme in improving the housing stock in the new houses last year. Is there a trend whereby Gaeltacht over recent years to a point where the people who had left the Gaeltacht are returning level of applications appears to have stabilised. to rear their families or to settle? Would grant In terms of expenditure on the scheme, \4 mil- applications indicate whether that is happening to lion was allocated for Gaeltacht housing grants in any extent? 2004. However, expenditure did not reach the level anticipated, with \3.5 million of the allo- E´ amon O´ Cuı´v: I do not think so. There was a cation being spent. An allocation of \4 million rule change. In the old days if one did not live in has been made for 2005 and it is expected that the Gaeltacht at the time of application, one 1117 Other 29 June 2005. Questions 1118 could not get the grant. We changed that rule and the annual showcase awards, which will receive said we would sanction the grant even if the indi- \75,000 per annum over three years. A total of vidual was not living in the Gaeltacht at the time \45,000 of that has been paid by my Department of application but that we would not pay it until to date towards the YSI showcase awards for he or she was permanently resident there. We 2005 and, subject to completion of contract, fund- found, for example, that someone got a job in ing of the YSI programme of \125,000 per annum west Kerry who was living in Dublin. The person will be made available shortly. wanted to build a house but was technically not Funding up to \110,000 per annum will be pro- eligible for the grant because he was not living vided by my Department to put the community in the Gaeltacht at the time of application. We learning programme on a sustainable footing over changed that, but to safeguard the integrity of the the next three years. Funding for the 2005-06 scheme, we do not pay the grant until we are academic year will be made available shortly sub- satisfied that the person is permanently living in ject to the completion of contracts. This prog- the Gaeltacht. ramme is a relatively new teaching method in our I do not have figures on the number of people educational system which works by integrating involved. That would not give us a good indica- classroom learning in any subject with suitable tion because in many cases someone moves to the volunteering activity. The programme has been Gaeltacht for a job, rents a house and then builds running on a pilot basis in the Dublin Institute a house. Therefore, it would be very difficult to of Technology since September 2001 through the ascertain how many people are coming back into school of hospitality, management and tourism the Gaeltacht and then applying for housing with 12 students involved. By 2004 there were 65 grants. students involved across a wide range of volunteering projects. Voluntarism Support. The institute’s aim is to have the community 18. Mr. Howlin asked the Minister for Com- learning programme method incorporated in all munity, Rural and Gaeltacht Affairs if he will faculties over the next three years. It is my hope provide an update on the progress made to date that this initiative will serve as a model for other in implementing the package of measures he third level colleges over the coming years. The announced earlier in 2005 to provide immediate DIT community learning programme includes support for volunteering, including measures provision for ongoing review, and the effective- directed at promoting volunteering in second and ness of the Department’s funding will be assessed third level institutions; and if he will make a state- within three years. ment on the matter. [22595/05] Mr. O’Shea: I thank the Minister of State for 34. Mr. Cuffe asked the Minister for Com- that reply. When a parliamentary question was munity, Rural and Gaeltacht Affairs if his tabled in April on the issue of locating volunteer Department has discussed the way in which the centres on the campuses of third level institutions, proposed voluntary work module is to operate in he indicated that in this context he would discuss courses offered by the Dublin Institute of Tech- the relevant matters as they arose with the Mini- nology. [22735/05] ster for Education and Science. I welcome the Mr. N. Ahern: I propose to take Questions initiative in DIT as it is moving in the right direc- Nos. 18 and 34 together. tion. However, it needs to be spread out geo- The progress on the new volunteering package, graphically. The idea of having volunteer centres which I announced in March 2005, is as follows. on the campuses of universities and institutes of Core funding will be provided to six volunteer technology is an important initiative as younger bureaux, totalling \900,000 over the next three people are exposed to the voluntary sector and years. The Department has recently provided are educated in community development. This funding to the Ballyfermot volunteer bureau and, amounts to loving one’s neighbour, especially subject to completion of contracts, funding for when one’s neighbour is in need. 2005 totalling \50,000 will be made available There are also recommendations in the joint shortly to the remaining five bureaux and to Vol- committee report. One of them was for an unteer Centres Ireland for the recruitment of a element of volunteering in the transition year. development officer. ADM Limited has Another was to carry the junior certificate CSPE requested proposals from all of the partnership on to leaving certificate level. These are not companies relating to the further \500,000 of directly within the Minister of State’s Depart- local area partnership funding which was ring- ment, but he indicated that the issues on third fenced for measures that encourage volunteers level volunteering would be discussed with the and volunteering. Minister for Education and Science as they arose. With regard to the Cohesion Fund of \500,000, Has there been any discussion in the interim? I hope that the Department will shortly be in a position to make a call for proposals through the Mr. N. Ahern: I do not think so. The package city and county development boards of which the announced was for \2 million per annum, which volunteering initiative will form part. Funding up is all we can do at present. It includes the aspect to \600,000 is being provided to support the on second level and third level. The young social young social innovators programme, including innovators annual showcase awards were held in 1119 Planning and Development Regulations: 29 June 2005. Motion (Resumed) 1120

[Mr. N. Ahern.] the Minister about progress on the pupil-teacher Dublin six weeks ago. About 2,000 students were ratio in primary schools; (11) Deputy Wall — to at it and the project is done in transition year. ask the Minister if she is aware of the concerns of That group existed before we got this funding, special needs assistants in the Kildare area; (12) but the funding, at \200,000 per annum for three Deputy McManus — the serious implications for years, will help to promote the project. Many of the VHI of the decision of the Minister not to the projects now being carried out in transition proceed with the planned introduction of risk year have a volunteer ethos. It introduces young equalisation in the health insurance sector; (13) people to different social projects, many of which Deputy O’Sullivan — the need for the Minister are about drink and drug addiction, caring for the to introduce clear and fair procedures for the elderly and so on. employment and retention of special needs assist- The third level project which we are supporting ants; (14) Deputy Stagg — to ask the Minister exists to create a volunteering ethos among young if she is aware of the concerns of special needs people. We are trying to make it part of a prog- assistants in the Kildare area; (15) Deputy Neville ramme where the students get grades and credits — the first annual report of the Ombudsman for for it. We have not yet done anything about a Children; (16) Deputy Sherlock — the need for bureau on campus. We felt that this project would the Minister to make a statement on biofuels pro- attract young people in second and third level and duction given the proposed changes in the sugar would give them a taste of volunteering. It is to regime; (17) Deputy Lowry — to ask the Minister be hoped that they will carry that on with them if the lack of inward investment in north into later life. We have not developed it beyond Tipperary has been drawn to his attention; (18) that which we have already announced. I was in Deputy Cuffe — the need for the Minister to DIT a few weeks ago and some of the questions address the difficulties, particularly those of a related to education policy. My interest is just to regulatory nature, facing small food producers; encourage volunteering. I cannot take over the (19) Deputy Broughan — the need for the Mini- Department of Education and Science. I under- ster to ensure that the universal service postal stand what the Deputy is saying and we may get obligation is discharged by An Post in all parts of an opportunity to look at that. Ireland; (20) Deputy Stanton — to ask the Mini- ster if she will investigate the situation of a person Written answers follow Adjournment Debate. (details supplied) whose bed in Beaumont Hospital was cancelled; (21) Deputy Sargent — Adjournment Debate Matters. the need for the Minister to ensure that companies contracted by the public and private sectors An Leas-Cheann Comhairle: I wish to advise operate bill payment obligations in a prompt and the House of the following matters in respect of proper way; and (22) Deputy Glennon — the which notice has been given under Standing situation surrounding the apparent miscarriage of Order 21 and the name of the Member in each case: (1) Deputy Kehoe — to ask the Minister if justice in the case of a person (details supplied) she is aware of the condition of New Ross elderly and the efforts to have the case reviewed by the day care centre; (2) Deputy Costello — the need British authorities. for the Minister to explain the redesignation of The matters raised by Deputies Neville, the investigation into the death of a person Michael D. Higgins, Sargent and Carey have been (details supplied) on the Garda PULSE computer selected for discussion. system; (3) Deputy Michael D. Higgins — the need for protection under the social welfare Planning and Development Regulations: Motion system of migrant workers affected by sudden (Resumed). closures in the construction industry; (4) Deputy Deenihan — the shortfall of funding for The following motion was moved today by the additional places in the intellectual disability sec- Minister for the Environment, Heritage and tor in County Kerry for 2005; (5) Deputy Breeda Local Government: Moynihan-Cronin — the need for funding for the establishment of a sexual assault treatment unit That Daíl E´ ireann approves the following at Kerry General Hospital; (6) Deputy Finian regulations in draft: McGrath — the potential loss of the 12th class- Planning and Development Regulations room teacher at Scoil Mhuire Marino, Griffith 2005, Avenue, Dublin; (7) Deputy Crawford — the urgent need for the Minister to provide adequate copies of which were laid in draft form before resource and remedial teaching hours to small Daíl E´ ireann on 16 June 2005. rural schools; (8) Deputy Fiona O’Malley — to ask the Minister to undertake a review of the Mr. Morgan: I was concluding my contribution electoral register system given the high level of on a reference to hot food. The Minister’s body inaccuracies; (9) Deputy Carey — the need to language indicated that the regulations are not review the impact of the policy decision on the aimed at convenience outlets. At what are they probation and welfare service village project in aimed? Are they aimed at hamburger stalls? Finglas, Dublin 11; (10) Deputy Hayes — to ask They are already well regulated by the environ- 1121 Planning and Development Regulations: 29 June 2005. Motion (Resumed) 1122 mental health officers, HACCP and other ning and liquor licensing codes. I am not con- arrangements. vinced that cobbling together provisions on off- licences will deal satisfactorily with the issues Mr. Roche: That does not arise. involved. I am not sure, for example, that alcohol should be available for sale at garage forecourts Mr. Morgan: I look forward to the Minister’s as it makes little sense to have shops attached to explanation on that. The other issue relates to petrol stations which are bulging with alcohol. off-licences. I am happy enough to see wine sold We are aware, after all, of the dangers of drinking from a fridge in a corner of the store. How will and driving. the Minister be prescriptive about that? Can he I wonder what submissions the Minister keep it to a small scale? The issue relating to turf received on the matter being acutely aware that cutting is not unique to the midlands. We in there seems to be a licensed vintners’ cumann County Louth have our own meadows, though I within Fianna Faíl which has lobbied him very will not sing “The turfman from Ardee” for the strongly over the last month. Minister. Turf cutting continues to this day right up into the Cooley Mountains. I am concerned Mr. Roche: Not on this. The Deputy should tell that small, individual plot-holders who cut turf the truth. for domestic use may be caught by the provisions and look forward to clarification on the matter. Mr. Cuffe: I would like to see any represen- We should remember that regulations and by- tations the Minister received from them or on laws on the use of four-wheel vehicles and quad their behalf. bikes caught a number of sheep farmers, which was not the intention. Sheep farmers require Mr. O’Dowd: On regulations. quad bikes to travel on mountains for legitimate purposes and have no intention of damaging the Mr. Roche: The Deputy should not make up hillside environment. I understand, therefore, the stories. concerns of other speakers that domestic or small-scale commercial turf cutters will be caught Mr. Cuffe: It was very brazen. It was the by the regulations. The Minister’s body language licensed vintners within the Fianna Faíl Party tells me we should have no major worries in this who lobbied the Government on this issue quite area. I look forward to his response. recently.

Mr. Cuffe: I understand the Minister made cer- Mr. Roche: On this. tain references to the Green Party earlier. I wish it to be clear that the Green Party wanted the Mr. Cuffe: On the generality of the intoxicating draft regulations to be discussed in the House to liquor issue. ensure they were considered in the open, that every Member who wished could contribute and Mr. Roche: The Deputy should stick to the that members of the public could attend. I am not truth. They did not lobby on this issue. sure the introduction of draft regulations in the Da´il on the last sitting week is a proper and fitting Mr. O’Dowd: Consumers voted against the way to do business. Government’s proposals.

Mr. Roche: We could have discussed it for Mr. Roche: They were in a minority. hours in committee. I will address that in my response. Mr. O’Dowd: They were there.

Mr. Cuffe: I note also that the Minister Mr. Roche: But they were in a minority. remarked on my absence earlier. I have responsibility for two portfolios and have not yet mas- Mr. O’Dowd: Consumers are in a minority. tered the art of bilocation. I hope the Minister will take account of that. Mr. Cuffe: I am not convinced consumers’ rights are being considered and am sure the Com- Mr. Roche: I will let the Deputy away with it petition Authority will have something to say this time. about it when it has had full sight of the regulations. Mr. Cuffe: It is very hard to absorb the sub- Peat must be acknowledged as a finite stance of the three proposals for change in the resource. The principle behind environmental short time available for their discussion. To the impact assessment is to consider where there will best of my knowledge, Members were not circu- be an impact on the environment. It makes sense lated with the full text of changes to the regu- to regulate peat extraction as we cannot continue lations and it was up to ourselves to seek them with a slash and burn approach to finite out. I acquired them only recently. resources. We must look carefully at saving such The red tape and bureaucracy surrounding the resources, especially in the context of the pur- sale of alcohol is a complete mess and there is a chase by the Dutch and other governments of real need for rationalisation between the plan- bogland for the Irish Government to hold in trust. 1123 Planning and Development Regulations: 29 June 2005. Motion (Resumed) 1124

[Mr. Cuffe.] tion. One hears from taxi drivers that they regu- It is indicative of their lack of confidence that the larly bring to discos people who are drunk before Government is doing enough on the issue. I am they leave their houses. A fundamental change in worried by the exemption of one of the largest behaviour has taken place. peat extracting interests in the country, over My aim is to establish the motivation behind which there is a significant question mark. the regulations. Is the intention to limit the I cannot understand why the Minister is only number of off-licences or to respond to the aim partially incorporating the Aarhus directive in the of publicans to reduce competition, with which regulation. Why is there a delay in incorporation they clearly take issue? It is not at all clear that in the context of provision for the right to chal- the regulations will modify behaviour as the fun- lenge in a court of law public decisions which damental issue in that context is price. If one’s have been made without respect for environmen- aim was to modify behaviour, one would revisit tal law? As such provisions are seminal to proper the Intoxicating Liquor Act which caused the planning and development in the State, I am at a changes rather than make regulations. I cannot loss to understand why the Minister has failed to see how the regulations can be implemented in transpose the directive wholly and completely. practice where, for example, an application is My guess is that it is an example of a Government made to build a supermarket which can be policy to make it more difficult for the public licensed in a commercially-zoned area. It is very voice to be heard. The Government first charged difficult to see how local authorities would turn members of the public \20 to make a planning that down, and if they do turn it down, how would submission, then prevented them from appealing An Bord Pleana´la respond to that, given that the a decision unless they had made a submission in establishment is in a commercial zone? Will the the first instance and is now about to embark on regulations be accompanied by directions to local a course of action which will deny individuals to authorities? Will local authorities be issued with make appeals by removing the opportunity for a guidelines by the Department specifying what is second bite of the cherry. Such provisions do not required from them in terms of the number of serve the public interest. off-licences that is desirable. I am not clear on Given the Minister’s pride in being a good how the regulations actually—— European, I cannot understand why he pleads as his reason for introducing the regulation the Mr. Roche: It is the opposite. It gives the local probability of a daily fine by the EU. Fear of fines authorities the right. I will explain that. is not a good reasons for the introduction of regulations. Ms C. Murphy: I am not convinced it will solve the problem because although many things are Mr. Roche: It is a fact, unfortunately. regulated when people make a planning application they often end up getting permission. It Mr. Cuffe: I hope the Minister can rise above it. will not stop every off-licence so which ones will be stopped and how many? Ms C. Murphy: I received a note yesterday Kildare is an area with significant wetlands. I explaining the regulations. I understand changes have a difficulty with what I perceive to be a reac- in the Intoxicating Liquor Act 2000 which tive change rather than a proactive change, in removed the restriction on the transfer of licences that the regulation appears to be designed to to any part of the State have led to the establish- avoid a fine rather than being based on a definite ment of many off-licences in urban areas. idea about how wetlands should develop. The Changes to establish necessary planning control one organisation that has had a positive role in over the significant increase in the number of getting us to value our bogs is the European large-scale off-licence premises and balance con- Commission. I would hate to think that what we sumer interests are needed. were trying to do is more or less to get around a I represent a primarily urban constituency, sanction it is trying to impose for a very good much of the development of which is recent. reason. I am concerned about what will be the While it is the kind of area in which one would result of this. Too often we have seen situations expect to see new pubs, I have mainly seen new where the likes of Bord na Mo´ na has applied for clubs, hotels and off-licences. This observation is cutaway bogs to be used as landfills. It appears relevant to the point which has been made about that the only value put on wetlands is an econ- the way in which people circumvent the licensing omic one, rather than for their value as a distinc- laws in the development of new facilities. I have tive habitat, from a tourism point of view or sim- seen supermarkets and forecourts expand from ply because they have existed for centuries before the sale of wine to more extensive sale of all kinds any of us arrived. of intoxicating liquor. One sees in these outlets rows of alcoholic products in response to public Minister for the Environment, Heritage and demand which in turn has responded to changes Local Government (Mr. Roche): I thank in pricing policies. In contrast to the scenario in Members for their contributions. I wish to make the case of tobacco, it is clear that increases in a couple of points specifically on the manner in excise duties have changed patterns of behaviour which this matter was handled. Deputy Gilmore rather than reduced the level of alcohol consump- disagreed with me regarding how this matter 1125 Planning and Development Regulations: 29 June 2005. Motion (Resumed) 1126 came before the House and not before the joint An Ceann Comhairle: The Minister should be committee. I suggest he has a word with the allowed to speak without interruption. Labour Party Whip. I want to put the matter straight. Mr. Roche: I was going to suggest what Deputy The Government wanted this matter to be dis- Gilmore said was probably inadvertent but cussed at length in committee because that is the obviously it was not, as he said himself, it was just appropriate place to deal with a technical issue a political charge. I am telling the House the like this. Deputy Boyle objected and said he had truth. Deputy Boyle disagreed with it going to the issues he wanted discussed in the House, which committee, which he is entitled to do and Deputy he is entitled to do. Because there was no una- Gilmore’s party agreed with that. That is the nimity, the matter came to the House. The reality. Deputy Gilmore appears to be besotted Labour Whip agreed with Deputy Boyle’s point. with conspiracy theories — perhaps the first sign Those are the facts. of a man who has entered into some form of mid- life crisis—— Mr. Gilmore: That is a load of nonsense. The Government orders the business of the House. Mr. O’Dowd: The Minister is well past it.

Mr. Roche: Deputy Gilmore knows he is not Mr. Roche: ——as his delusory meanderings in telling the truth. this regard have displaced all logic. Alternatively — I hope this is the case — he is a man who has Mr. Gilmore: There are 17 guillotines this spent far too much time in the sun without the week. benefit of his pit helmet.

Mr. O’Dowd: The Minister should discuss the Mr. Gilmore: Bluster. real issues. He should answer our questions. Mr. Roche: Whatever the explanation of An Ceann Comhairle: The Minister should be Deputy Gilmore’s wild-eyed delusions in this allowed to speak without interruption. There is matter, the fact remains that the Government only five minutes remaining for this debate. wanted to deal with this matter in an Oireachtas committee, not least to give Members from all Mr. Roche: I am telling the truth and Deputy sides of the House the opportunity to explore — Gilmore is misleading the House. as Deputy Catherine Murphy tried to do — their concerns on the issue. Mr. Gilmore: I am not misleading the House. I made a political charge and I stand over it. Mr. Gilmore: The Minister wants to stop people in rural Ireland cutting turf off their own Mr. Roche: Deputy Gilmore made an alle- bogs. gation that was false. Mr. Roche: The reality is that he is guilty of Mr. Gilmore: I made a political charge. misleading the House and making wild allegations. An Ceann Comhairle: The Minister should be allowed to speak without interruption. Mr. O’Dowd: The Minister is guilty of talking rubbish. Mr. Roche: Deputy Gilmore is repeating his false allegation. The reality is that last week at Mr. Roche: I am sad that the propensity of the the Whips meeting Deputy Boyle indicated he Opposition to seek to make a political football wanted this matter discussed in the House. He out of everything has now started to displace all did not speak to me about that and Deputy logic. This has resulted in the worst manner of Gilmore’s Whip agreed with him. On the basis handling this issue. This matter could have been that there was no unanimity, it came before the before a committee. I was anxious and willing to House. The Deputy should not tell this House go before the committee. I wanted to go before something that is a pack of—— the committee and was prepared to give this matter, hours of debate before—— Mr. Gilmore: Since when is unanimity required to bring something before the House. Mr. Gilmore: The Minister has still not answered a single question. Mr. Roche: The reality is that Deputy Gilmore has misinformed the House in this context. Mr. Roche: ——the committee and the reality is that Deputy Gilmore prevented it. Mr. Gilmore: The Minister is using this as a distraction because he is trying to stop people Mr. O’Dowd: The Minister is talking out his from cutting turf. time. He is confused. 1127 Planning and Development Regulations: 29 June 2005. Motion (Resumed) 1128

An Ceann Comhairle: The Minister should be Mr. Roche: It is a serious matter. There is a allowed to speak without interruption. lacuna in the law and I have argued for many years that we should have planning permission Mr. Roche: Let us move to the issues. I am not and that is part of the intention of this regulation. confused but Deputy Gilmore is misleading the Deputies Gilmore and Morgan raised the issue House. He is doing a disservice to democracy of hotplates in garages. The regulations do not when he says one thing in the secrecy of the refer to this matter. They were dealt with as far Whips committee and another thing in public back as the 2001 regulations. here. On the issue of the single application form, Deputy O’Dowd is unaware that draft regulations Mr. O’Dowd: I think we are getting through to were circulated—— the Minister.

Mr. Roche: I will not allow that to happen. Let Mr. Gilmore: What about the turf? us deal with the issues. Deputy O’Dowd disagreed with my proposal to introduce planning Mr. Roche: Let me get to the points as they applications for off-licences. I am amazed at his were made. Draft regulations were circulated. position on that. To return to the point made by There was a great response, some of which were Deputy Catherine Murphy, under the existing very detailed. We are working through that issue legislation, planning permission is required for in the Department. I expect to be in a position to one to open a chipper but it is not required for publish the new regulations later in the summer. an off-licence. I do not know where other Members are coming from but I think that is a Mr. O’Dowd: That is what Deputy Mitchell bizarre situation. referred to.

Mr. O’Dowd: The wine shops that are all over Mr. Roche: At that stage, maybe we will have the country do not need planning permission. a logical debate on them in committee. I men- That is the point. tioned this in the Oireachtas committee the week before last, I will also publish draft and manage- Mr. Roche: In any town in the country one will ment guidelines relating to planning to ensure get complaints about the proliferation of off- consistency in planning authorities. licences. That I am bringing forward this legislation on peat extraction, demonstrates my willingness to Mr. O’Dowd: One has to go to court to make meet the European Commission’s concerns on an objection. Ireland’s performance in the environmental area, Mr. Roche: Deputy O’Dowd can try and shout a point touched on by Deputy Cuffe. This change me down but he will not get away with it. in natural heritage areas, NHAs, will meet the outstanding concerns of the EU Commission and Mr. O’Dowd: I am not shouting the Minister the Court of Justice. Deputy Gilmore asked what down. I am giving him an answer. has changed. The reality is that the Commission has been in continuous contact with us on this Mr. Roche: What is being done here is to give issue. It is anxious that we should ensure that local authorities and local communities a right to planning authorities have the possibility of step- have a say in where an off-licence is established. ping in to halt industrial scale peat extraction where that is necessary. I remind Deputies that Mr. O’Dowd: But not where alcohol is being we are talking about peat extraction in excess of sold, that is the point. 10 hectares, which is 24.71 acres. That is certainly not a year’s supply for a farmer. Mr. Roche: Deputy O’Dowd is introducing yet Deputy Naughten raised the issue of forestry, another false trail. which is not dealt with in these regulations. Tele- communications masts were dealt with by Deputy Mr. O’Dowd: No, I am not. Gilmore, who again shows signs of senility in this Mr. Roche: His party has been holding anti- matter, because these issues were dealt with in social behaviour meetings around the country the 2001 regulations and discussed at some with varying levels of success. There was a very length. I contributed to the discussions. As a low turnout in one case but I will not embarrass spokesman on environmental policy I am amazed him on that. Maybe the next time he is holding that Deputy Gilmore appears not to be aware one of these he will explain to voters why he that masts now require planning permission. wants off-licences to be able to operate on an Matters like this—— untrammelled basis here. Mr. Gilmore: Except where the State agencies Mr. O’Dowd: I never said that. think they are exempt. 1129 Planning and Development Regulations: 29 June 2005. Motion (Resumed) 1130

Mr. Roche: Do not come back at it now. Mr. Gilmore: Will an environmental impact Deputy Gilmore is caught out. assessment be required?

An Ceann Comhairle: The Minister should be Mr. Roche: Members should keep to the truth allowed to speak without interruption. and the facts. As I stated, this is not as Deputy Gilmore wishes. Mr. Roche: The Deputy has been caught out Mr. Naughten: Local authority offices will have and has shown himself to be incapable yet again. a field day.

An Ceann Comhairle: The time has concluded. Mr. Roche: We have an illustration of how Deputy Gilmore will operate from now on, that Mr. Roche: The reality is that we should have is, by distorting the truth, telling the first fable this type of discussion—— that comes into his mind, being delusionary and denying the reality. Mr. O’Dowd: The Minister is headless. He should go out to the bog and dig. (Interruptions).

Mr. Roche: ——in an Oireachtas committee. Mr. Roche: The reality is that after Deputy Two of the parties in this House conspired to Boyle raised a question, he—— ensure it would not happen. Deputy Gilmore has made wild-eyed, delusionary assertions that, Mr. O’Dowd: That is the programme for somehow or other, I managed to persuade Government. Deputies Boyle and Stagg—— Mr. Naughten: That is the programme for Government. Mr. Gilmore: One will not need planning permission to cut turf. Mr. Gilmore: The Minister will hear a lot more about this before the year is out. Mr. Roche: That is correct, one does not and one will not. Question put.

The Da´il divided: Ta´, 69; Nı´l, 61.

Ta´

Ahern, Michael. Keaveney, Cecilia. Ahern, Noel. Kelleher, Billy. Andrews, Barry. Kelly, Peter. Ardagh, Seań. Killeen, Tony. Blaney, Niall. Kirk, Seamus. Brady, Johnny. Lenihan, Brian. Brady, Martin. Lenihan, Conor. Brennan, Seamus. McEllistrim, Thomas. Browne, John. McGuinness, John. Callanan, Joe. Martin, Michea´l. Callely, Ivor. Moloney, John. Carey, Pat. Moynihan, Donal. Carty, John. Moynihan, Michael. Cassidy, Donie. Mulcahy, Michael. Collins, Michael. Nolan, M. J. Cregan, John. O´ Cuı´v, E´ amon. Cullen, Martin. O´ Fearghaı´l, Seań. Curran, John. O’Connor, Charlie. Davern, Noel. O’Dea, Willie. Dempsey, Noel. O’Donnell, Liz. Dennehy, John. O’Donovan, Denis. Devins, Jimmy. O’Flynn, Noel. Ellis, John. O’Keeffe, Batt. Fahey, Frank. O’Malley, Fiona. Finneran, Michael. O’Malley, Tim. Fitzpatrick, Dermot. Parlon, Tom. Fleming, Seań. Power, Peter. Fox, Mildred. Power, Seań. Gallagher, Pat The Cope. Roche, Dick. Glennon, Jim. Sexton, Mae. Grealish, Noel. Smith, Brendan. Hanafin, Mary. Smith, Michael. Haughey, Seań. Walsh, Joe. Healy-Rae, Jackie. Woods, Michael. Hoctor, Maíre. 1131 Veterinary Practice Bill 2004: 29 June 2005. Report Stage (Resumed) and Final Stage 1132

Nı´l

Allen, Bernard. Mitchell, Olivia. Boyle, Dan. Morgan, Arthur. Breen, James. Moynihan-Cronin, Breeda. Broughan, Thomas P. Murphy, Catherine. Bruton, Richard. Murphy, Gerard. Burton, Joan. Naughten, Denis. Connaughton, Paul. Neville, Dan. Crawford, Seymour. Noonan, Michael. Crowe, Seań. O´ Caolaín, Caoimhghıń. Cuffe, Ciarań. O´ Snodaigh, Aengus. Deasy, John. O’Dowd, Fergus. Deenihan, Jimmy. O’Keeffe, Jim. Durkan, Bernard J. O’Shea, Brian. English, Damien. O’Sullivan, Jan. Enright, Olwyn. Pattison, Seamus. Gilmore, Eamon. Penrose, Willie. Gregory, Tony. Perry, John. Harkin, Marian. Rabbitte, Pat. Hayes, Tom. Ring, Michael. Higgins, Joe. Ryan, Eamon. Higgins, Michael D. Ryan, Seań. Hogan, Phil. Sargent, Trevor. Howlin, Brendan. Sherlock, Joe. Kehoe, Paul. Shortall, Ro´ isıń. Kenny, Enda. Stagg, Emmet. Lynch, Kathleen. Stanton, David. McCormack, Padraic. Timmins, Billy. McGrath, Finian. Twomey, Liam. McGrath, Paul. Upton, Mary. McHugh, Paddy. Wall, Jack. McManus, Liz.

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

Question declared carried. a regular basis. The administration of medicines, whether as doses or inter-muscular injections, are Veterinary Practice Bill 2004 [Seanad]: Report exempted at this time and a farmer can carry out Stage (Resumed) and Final Stage. such procedures under section 55 of the legislation. It is only right and appropriate that this is Debate resumed on amendment No. 8: the case. I have no difficulty with the principle that the In page 41, line 25, after “Minister” to insert Miniser can bring forward regulation exclusions ´ “with the approval of Da´il Eireann”. because procedures may change at some stage in —(Deputy Naughten). the future. However, it is vitally important that they receive a positive decision from the Houses Amendment put and declared lost. of the Oireachtas before the Minister implements any of the regulations. We have witnessed the Amendment No. 9 not moved. situation in terms of prescription-only medicines, An Ceann Comhairle: Amendments Nos. 10 and there is no guarantee that it will be debated and 14 are related and will be discussed together. by the Houses of the Oireachtas. I hope we will be given the opportunity to tease out the issues Mr. Naughten: I move amendment No. 10: when the occasion arises later this year. However, In page 43, line 1, after “regulations” to we do not have a right to debate the detail of insert the following: those regulations. It is up to members of the Opposition to table a motion in order for them “following the approval of each House of to be debated and the Government can then use the Oireachtas”. its majority to block it. It is critical that any provision made under section The situation is the same in this case. If we are 55 of the Bill, or any regulations made under such to water down the rights of farmers to carry out a provision, should be brought before the various procedures on animals, it is imperative Oireachtas. The power given under subsection (5) that the Minister is able to present a definitive means that the Minister may make regulations to argument to the House as to why he or she exclude the application of subsection (3), which believes the regulation should be brought for- relates to the exemption of farmers from carrying ward at that time and why there should be a out particular procedures, such as administering restriction with regard to the procedures farmers an antibiotic or another form of medicine. Cur- can carry out on their farms and on their animals. rently, procedures such as the paring of sheep Amendment No. 14 is similar and elaborates hooves and the dehorning of cattle are done on on the issue of regulation of veterinary practice. 1133 Veterinary Practice Bill 2004: 29 June 2005. Report Stage (Resumed) and Final Stage 1134

Under section 59, the regulations provide for the additional cost to farmers because what the Mini- practice of veterinary medicine by non-registered ster will do is exclude a particular procedure persons. Again, the issue is what will be exempted which, up to that point, was carried out by farm- from the regulations. This was discussed on Com- ers and rule that it will have to be carried out by mittee Stage and it is self-explanatory. However, a veterinary practitioner. That will mean a fee for amendment No. 10 is critical. It is imperative that the call-out of the vet and the cost of carrying these issues are put before the House and teased out the procedure, whatever it might be. In those out in detail and that the Minister explains why circumstances, the Minister for Agriculture and farmers should be precluded from carrying out a Food should be prepared and willing to come particular procedure, whatever that procedure. before this House to explain why he or she believes that such a restriction should go ahead. Dr. Upton: This is similar to one of the amend- The standard procedure with the 21 day annul- ments we discussed yesterday and the reasons for ment clause is not appropriate in this case the discussion are the same. When regulations are because it does not provide for this issue to be being made it is very important that there is an debated. opportunity to discuss them and their impli- In 2000, the then Minister for the Environment, cations. There is no automatic right that we Heritage and Local Government accepted an would have a full debate, if necessary, on the amendment providing for the bringing of pro- regulations. We highlighted this issue as it related cedures and regulations back before the House to a different amendment yesterday and, indeed, for debate. Indeed, that is what we did earlier it was raised on Committee Stage too. I do not today regarding that Department and the Plan- want to rehash the entire argument now but I ning and Development Bill. I cannot see why agree with Deputy Naughten that it is important such a provision cannot be allowed here, that the option should be available that regu- especially as it relates to this particular issue. It is lations come before the House and we have the critically important that farmers are protected, opportunity to discuss them in detail. that the Minister gives detailed reasons he or she is bringing forward these regulations to restrict Minister of State at the Department of Agri- procedures that would have been standard up to culture and Food (Mr. Browne): As the Minister that point, carried out by farmers on farms across for Agriculture and Food, Deputy Coughlan, the country. pointed out, this issue was addressed in detail on Committee Stage. Deputies Naughten and Mr. Browne: As I said, the Minister for Agri- Crawford again propose, by means of amendment culture and Food has given this matter serious No. 10, that regulations made under section 55(5) consideration since the Committee Stage debate. must be laid before each House of the She is happy that the precedent in this House has Oireachtas. They also propose, by means of always been that the making of an order would amendment No. 14, to change the form of laying be placed before both Houses of the Oireachtas procedure, to be followed when the Minister with the standard 21-day annulment provision, makes regulations regarding emergencies. This except in exceptional circumstances. Deputy latter amendment also has implications for Naughten has referred to the Department of the section 55(5). Environment, Heritage and Local Government, In the case of sections 55 and 59, provision is but in my Department, where we introduce levies made for the laying of ministerial regulations or charges, they are always laid before this House before both Houses of the Oireachtas, with the before the regulation is made by the Minister. standard 21 day annulment procedure. The main The Minister for Agriculture and Food is happy purpose of these regulation-making powers is to that what she is doing is correct and is in accord- enable the Minister to deal with difficulties that ance with precedent in this House over many arise under section 55(2) or section 55(3). There- years. fore, this provision is generally not intended in any way to broaden this provision but rather to Mr. Naughten: The difficulty is that this is a do the opposite, if necessary. In these circum- charge. The reality is that when the Minister stances, the requirement to lay the regulation excludes a particular procedure that up to now before the Oireachtas, as set out in the Bill, is a was carried out as a standard operating practice more appropriate approach and, therefore, I do on a farm, it will mean a charge because it will be up to a veterinary practitioner to carry out that not propose to accept these amendments. procedure. That is why I believe that such a regu- Mr. Naughten: The Minister of State is making lation should come before the House. my argument for me. I accept that the reason for An Ceann Comhairle: Is amendment No. 10 the procedure and the provision is not to broaden being pressed? but to restrict what was, up to now, common agricultural practices carried out by farmers on their Mr. Naughten: Yes. farms. Subsequent to the Minister bringing in the regulation, there will automatically be an Amendment put. 1135 Veterinary Practice Bill 2004: 29 June 2005. Report Stage (Resumed) and Final Stage 1136

The Da´il divided: Ta´, 55; Nı´l, 72.

Ta´

Allen, Bernard. Mitchell, Olivia. Boyle, Dan. Moynihan-Cronin, Breeda. Breen, James. Murphy, Catherine. Broughan, Thomas P. Murphy, Gerard. Bruton, Richard. Naughten, Denis. Burton, Joan. Neville, Dan. Connaughton, Paul. Noonan, Michael. Cowley, Jerry. O´ Caolaín, Caoimhghıń. Crawford, Seymour. O´ Snodaigh, Aengus. Crowe, Seań. O’Dowd, Fergus. Cuffe, Ciarań. O’Keeffe, Jim. Deasy, John. O’Shea, Brian. Deenihan, Jimmy. O’Sullivan, Jan. Durkan, Bernard J. Pattison, Seamus. English, Damien. Penrose, Willie. Enright, Olwyn. Perry, John. Gilmore, Eamon. Rabbitte, Pat. Harkin, Marian. Ring, Michael. Hayes, Tom. Ryan, Seań. Higgins, Michael D. Sargent, Trevor. Hogan, Phil. Sherlock, Joe. Howlin, Brendan. Shortall, Ro´ isıń. Kehoe, Paul. Stagg, Emmet. Kenny, Enda. Stanton, David. Lynch, Kathleen. Twomey, Liam. McGrath, Finian. Upton, Mary. McGrath, Paul. Wall, Jack. McManus, Liz.

Nı´l

Ahern, Michael. Hoctor, Maíre. Ahern, Noel. Keaveney, Cecilia. Andrews, Barry. Kelleher, Billy. Ardagh, Seań. Kelly, Peter. Blaney, Niall. Killeen, Tony. Brady, Johnny. Kirk, Seamus. Brady, Martin. Lenihan, Brian. Brennan, Seamus. Lenihan, Conor. Browne, John. McDowell, Michael. Callanan, Joe. McEllistrim, Thomas. Callely, Ivor. McGuinness, John. Carey, Pat. Martin, Michea´l. Carty, John. Moloney, John. Cassidy, Donie. Moynihan, Donal. Collins, Michael. Moynihan, Michael. Cowen, Brian. Mulcahy, Michael. Cregan, John. Nolan, M.J. Cullen, Martin. O´ Cuı´v, E´ amon. Curran, John. O´ Fearghaı´l, Seań. Davern, Noel. O’Connor, Charlie. Dempsey, Noel. O’Dea, Willie. Dempsey, Tony. O’Donnell, Liz. Dennehy, John. O’Donovan, Denis. Devins, Jimmy. O’Keeffe, Batt. Ellis, John. O’Keeffe, Ned. Fahey, Frank. O’Malley, Fiona. Finneran, Michael. O’Malley, Tim. Fitzpatrick, Dermot. Parlon, Tom. Fleming, Seań. Power, Peter. Fox, Mildred. Power, Seań. Gallagher, Pat The Cope. Roche, Dick. Glennon, Jim. Sexton, Mae. Grealish, Noel. Smith, Brendan. Hanafin, Mary. Smith, Michael. Haughey, Seań. Walsh, Joe. Healy-Rae, Jackie. Woods, Michael.

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

Amendment declared lost. In page 43, between lines 20 and 21, to insert the following: Mr. Naughten: I move amendment No. 11: 1137 Veterinary Practice Bill 2004: 29 June 2005. Report Stage (Resumed) and Final Stage 1138

“56.—A person may transport an animal be discussed when the animal diseases legislation to a veterinary premises under the meaning comes before the House. of Part 9 for the purposes of first aid or medical assistance in an emergency, without com- Mr. Naughten: Will this matter be discussed plying with normal animal movement or addressed? regulations.”. Mr. Browne: It will be dealt with. I tabled this amendment because it came to my notice from talking to a number of farmers in Mr. Naughten: I will withdraw the amendment recent weeks that where Caesarean sections, on that basis. especially emergency ones, must be carried out on cattle, it has increasingly become the case that Amendment, by leave, withdrawn. veterinary practitioners want the animals to be brought into their premises to carry out the pro- Dr. Upton: I move amendment No. 12: cedure. Up to now the vast majority of Caesarean In page 43, line 26, to delete “, the details of sections on cows were performed on the farm, but which are registered on the Register”. this is not now the case. Given the difficulty this requirement presents and having regard to the I raised this issue on Committee Stage because provisions of the animal movement regulations in under the legislation, as drafted, it seems harsh place, it is imperative to make provision in this that it is criminal offence for a vet to advertise or regard. use any qualification that is not registered on the The Minister said on Committee Stage that the register. The deletion of the words proposed in animal health Bill would deal with this issue, but the amendment would address that anomaly. If that Bill is still promised and nothing has hap- the qualification in question is one a vet holds, it pened in respect of it. That Bill has many impli- seems harsh that the use of such a title should cations and it will not have an easy passage give rise to an issue of criminality. Acceptance of through the Houses of the Oireachtas. In the this amendment would clarify the position to the meantime farmers will be left in an unenviable effect that a vet is committing an offence by position in that they will not be cross-compliant claiming to have a qualification which he or she if they bring an animal to a veterinary practice does not have and it is not necessary that the for a Caesarean section. This is the practice in qualification be registered on the register to avoid some parts of the country and vets will not per- criminal liability. A vet should be obliged to form the procedure on the farm, rather in their register all the details but such provision could be premises. In light of that, I ask the Minister of dealt with elsewhere in the legislation. State to provide for such circumstances by accepting this amendment to ensure that farmers Mr. Naughten: I support Deputy Upton’s will not be in breach of the regulations until we amendment. can thrash out this issue when we debate the ani- Mr. Browne: Deputy Upton proposes to delete mal health Bill. the phrase “the details of which are registered on the Register” from section 56. The Minister, Dr. Upton: I support this amendment on the Deputy Coughlan, indicated on Committee Stage basis that if there is not such a provision, farmers that she would reflect further on these issues. will face a difficulty if such an emergency were to Subsequently, she had the matter further exam- arise. An animal welfare issue may arise under ined in the Department in consultation with the the Bill as drafted. If the Bill were passed, a Attorney General’s office and the Veterinary farmer who moved an animal in such an emer- Council of Ireland. As has already been indi- gency may technically be in breach of the law or, cated, the current wording of this section is pri- alternatively, the farmer may decide not to move marily designed to ensure that the public is not the animal if he or she is to operate within the misled as a result of a registered person dis- law. That would be an invidious situation. On that playing, for example, on the signage for his or her basis I support the amendment. premises a title or a qualification which he or she does not in reality possess. Mr. Browne: This amendment proposes to Sections 46 and 50 make provision for regis- provide an emergency clause to cover animals tration of specialties and additional qualifications being brought to a veterinary premises. As where they would be a matter of public record Deputy Naughten said, the Minister, Deputy and could assist a member of the public in choos- Coughlan, outlined the reason she would not ing the best practitioner. It is desirable that letter- agree to this amendment. First, it is not a matter heads and signage belonging to a practice should for this legislation, rather it is more appropriate match the qualifications registered with the to the animal diseases legislation. Second, there council and that an incentive is provided with a would be serious doubts about providing for such view to ensuring that this is the case. However, a general exemption to animal movement rules, as has been said previously, if a person merely particularly in the case of highly contagious dis- overlooks the registered qualification or specialty eases. The matter would need careful consider- which that person genuinely holds, it would sim- ation and it is not one for this legislation. It will ply be a matter for him or her to rectify this when 1139 Veterinary Practice Bill 2004: 29 June 2005. Report Stage (Resumed) and Final Stage 1140

[Mr. Browne.] Dr. Upton: I support this amendment based on attention has been drawn to the oversight by the what Deputy Naughten has just stated. It is a council. One could not envisage a person being rather unusual situation if the vet may pass along subject to disciplinary proceedings in a situation the facility to write or deliver a prescription when where he or she has failed to register a qualifi- in somebody else, for example, in a co-operative cation which he or she possesses unless that per- cannot do it. This has been the tradition up to son, having been advised of the oversight, refused now. If it were to be made fair, including this to do so. Accordingly, the words which are regis- amendment in the legislation would take care of tered in the register could play an important part matters. There has been a good deal of discussion in ensuring that the public has accurate infor- with the various interested parties on the issuing mation available on which to base the choice of of prescriptions and it is a critical area. This is an practitioner. The Minister consulted the Veterin- important amendment. ary Council of Ireland and the Attorney Gen- eral’s office and both were of the view that the Mr. Browne: I refer to amendment No. 13 in amendment is not required. the names of Deputies Naughten and Crawford. The Minister, Deputy Coughlan, indicated on Dr. Upton: I will withdraw the amendment. Committee Stage that she did not believe that this amendment was appropriate for this legislation. Amendment, by leave, withdrawn. There is separate legislation on animal remedies involving the number of statutory instruments Mr. Naughten: I move amendment No. 13: made under the Animal Remedies Act 1993. On In page 43, line 29, after “medicine” to insert the point at issue, that is, who is to be allowed to the following: prescribe prescription-only veterinary medicines, this is already covered in the Animal Remedies “, including the issue of prescriptions and Regulations 1996 where this function is reserved prescription only medicines,”. to veterinary practitioners. I do not accept the argument put forward by the There are concerns arising from the forth- Minister on Committee Stage for not accepting coming implementation of the new EU legis- the amendment tabled on this matter. The veter- lation, particularly with prescribing. However, as inary profession is strongly lobbying that its prac- the Minister pointed out on Committee Stage, titioners should be the ones who would be this amendment, if accepted, would copperfasten entitled to issue prescription only medicines in in primary legislation the exclusive rights of vet- this area. That is not provided for in the directive erinary practitioners as prescribers — from which on this area that we will receive from Brussels but Deputy Crawford’s remarks on the previous that is the interpretation veterinary surgeons are occasion appear to be the opposite of his objec- putting on it. tive. In any event, given that the question of While veterinary surgeons are seeking to have prescribing falls under the animal remedies legis- the right to write prescriptions and issue medi- lation, I suggest we deal with this matter in that cines, the practice to date has and will continue context. to be that they do not issue the medi- I would have serious concerns if this were to 5 o’clock cines, rather they get their staff to do copperfasten in primary legislation the rights of so. The medicines are given out and veterinarians only to prescribe because I have the prescriptions are written up later. That is had representations from numerous bodies and what happens on a day-to-day basis. If veterinary back bench and Front Bench Deputies on this practitioners want to have the right to issue pre- issue arguing that vets should not be given exclus- scriptions and particular medicines, the practice ive rights. The Minister is quite adamant that if of doing so should be solely a matter for them. I this amendment were accepted, we would be say- do not understand why a person who is qualified ing in effect that vets only can prescribe and that to issue medicines in an animal health store or is not acceptable. in a co-operative cannot issue them because of a change in the regulations while a veterinary prac- Mr. Naughten: I dispute the Minister of State’s titioner can get a person who has no qualifi- interpretation and he is trying to use that argu- cations but simply works under the banner of a ment to muddy the waters. I do not believe that veterinary practitioner to issue veterinary is the situation. Section 57 makes it an offence medicine. for a registered person to employ an unregistered In her response to an amendment on this person to carry out practices that should normally matter on Committee Stage, the Minister said be done by someone who is registered. The acceptance of it would mean that only vets could reality is that prescription-only veterinary medi- issue prescriptions but as the Minister has cines are being issued by the staff of veterinary repeated on numerous occasions, this is not the practitioners. If at some future date intramam- legislation to deal with that matter. That type of maries and other medicines were to be made pre- action should be specified. If it is designated that scription-only, the reality is the vet would not be a vet should issue a particular type of prescrip- around to issue them. A member of his or her tion, he or she should not be able to pass that off staff would do it. Whether it is in this legislation to an unqualified employee to issue the medicine. or in the regulations that are coming forward 1141 Veterinary Practice Bill 2004: 29 June 2005. Report Stage (Resumed) and Final Stage 1142 later in the year, if the issuing of particular medi- This is purely a textual amendment to correct cines is limited to a vet, then it should only be the cross-reference errors in section 63(5) and there vet who issues them and not his or her staff. Some is no change of substance involved. of the vets are looking for the powers to issue medicines but do not want to deal with the practi- Question put and agreed to. calities involved in the day-to-day issuing of them. That is the reason for the amendment. I accept Mr. Browne: I move amendment No. 17: what the Minister of State is saying. I ask him to In page 47, line 39, to delete “subparagraphs ensure that this anomaly is addressed when the (i) and (ii)” and substitute “subparagraph (i)”. animal remedies regulations are being dealt with because it is imperative that the system is not abused. I hope that the list available to vets is Question put and agreed to. extremely limited and reduced from what it is at present. On the issue being discussed, if a vet is Mr. Browne: I move amendment No. 18: required, then it should only be a vet. In page 47, lines 41 and 42, to delete “subparagraph (iii)” and substitute “subparagraph Dr. Upton: I agree with Deputy Naughten’s (ii)”. interpretation. What the amendment does by including this phrase is to state clearly that the vet must be the person to issue prescription-only Question put and agreed to. medicines in this particular context. The other issue is one that must be debated separately, but Acting Chairman: Amendments Nos. 19, 20 to include the amendment does not mean that and 21 are related and will be discussed together only vets may issue those prescriptions. That is by agreement. not what is intended. However, if the current situation in practice is that people who are non- Dr. Upton: I move amendment No. 19: veterinarians issue prescriptions and other people In page 64, line 14, to delete “triable”. are precluded from so doing, then it is fair that this part of the amendment should be included in We would like the word, “triable”, removed and the legislation. substituted by “which, in the opinion of the Council, would have been appropriate for trial”. Mr. Browne: Under the animal remedies regu- We discussed this on Committee Stage and the section as it stands is very broad. There is a con- lations it is specifically required that a vet should tradiction between the side note, “where persons write prescriptions. It is an offence if others do it. convicted on indictment of an offence”, and the I assure the Deputies that under the legislation text which refers to persons convicted of an forthcoming in line with EU changes, this part- offence triable on indictment, which includes icular issue will be dealt with. summary offences which are not tried on indictment. The danger is that these could include a Amendment, by leave, withdrawn. multitude of very minor offences. The problem with section 83 is that there is no test, criterion Mr. Naughten: I move amendment No. 14: or requirement by which the council should judge In page 44, to delete lines 14 to 20 and substi- whether a person should be struck off the register tute the following: by reason of having been convicted of an offence. The amendment would use the wording set out, “(3) Prior to making a regulation under for example, in section 47(2)(d). That makes it subsection (1) or section 55(5) the Minister clear that merely being convicted of an offence shall seek and obtain the approval of each per se is not sufficient but that the offence should House of the Oireachtas.”. be one which renders it, in the opinion of the council, inappropriate for the person to practise Question, “That the words proposed to be veterinary medicine or nursing, as the case may deleted stand”, put and declared carried. be. It cannot just refer to any offence, rather to one that specifically relates to where it is inappro- Amendment declared lost. priate for the person to practise the profession of veterinary nursing or medicine. Amendment No. 15 not moved. Mr. Naughten: I support Deputy Upton’s Acting Chairman (Mr. Stanton): Amendments amendments. She has made a valid point. An Nos. 16, 17 and 18 are related and will be dis- ambiguity exists within the legislation which cussed together by agreement. should be addressed. It is appropriate that it should be addressed in this manner. A person Mr. Browne: I move amendment No. 16: might be convicted of something that is completely unrelated and may have nothing to do In page 47, line 39, after “under” to insert with how he or she practises as a veterinary prac- “clauses (I) and (II) of”. titioner. While it may have no implications for 1143 Veterinary Practice Bill 2004: 29 June 2005. Report Stage (Resumed) and Final Stage 1144

[Mr. Naughten.] Amendment declared lost. practising veterinary medicine, it seems that the council’s hands will be tied in this regard. Dr. Upton: I move amendment No. 21: In page 64, line 17, after “may” to insert Mr. Browne: Following the raising of these “having regard to section 47(2)(d)”. issues by Deputy Upton on Committee Stage, the Minister undertook to return to this matter again when the legislation came back into the House. Amendment put and declared lost. She has given further consideration to it and had consultations with the Office of the Attorney Acting Chairman: Amendments Nos. 22, 23 General. She believes the Bill as drafted strikes and 24 are related and may be discussed together. the correct balance. An example by way of illustration is a practitioner who steals \500 from a Mr. Naughten: I move amendment No. 22: client. Such an offence could be tried in the Dis- In page 67, to delete lines 38 and 39. trict or Circuit Court. However, if proceeded with in the lower court, this should not of itself prevent The purpose of the amendments is to address an the council from looking into the matter since, anomaly in the Bill. Under the legislation as taken in context, it is a serious matter. The cur- framed, the Minister of State, a veterinary prac- rent provision does nothing more than give the titioner, surgeon, schoolteacher or any other pro- option to the council to proceed. If, having con- fessional may cross the road to help out a neigh- sidered the matter, the council decides to do so, bour if one of his ewes is in difficulty lambing. A the normal procedures will kick in, including a veterinary nurse is the only person who is pro- full right of appeal to the High Court. hibited from assisting a neighbour in such circum- While I fully understand the concern for the stances. He or she may carry out a procedure rights of the accused underpinning the amend- such as pulling a lamb on his or her own farm, ment, balance is required. I emphasise that this is provided he or she is a farmer. Under the word- a “may” provision and, as such, does not imply ing of the current provision and the definition of that a person will be automatically struck off a body cavity, once a veterinary nurse assists because of such conviction. The council will be another person by putting his or her arm into a required to examine the matter thoroughly and body cavity to try to pull a lamb, he or she is reach a view on whether the person’s ability to committing an offence for which he or she may practise has been compromised and whether the be struck off the register. profession might be damaged by virtue of the per- The House will be told it will be possible to son remaining registered. For this reason, I turn a blind eye to this provision and the circum- remain of the view that a reasonable balance has stances I describe will not arise. Human nature been struck and, in light of the Minister’s consul- being as it is, it is certain that at some point an tation with the Office of the Attorney General, it elderly man living in a rural area who has a ewe is not proposed to accept the amendments. in difficulty and cannot reach a vet will knock on a neighbour’s door to ask for help. If his neigh- Dr. Upton: I disagree with the Minister of bour is a veterinary nurse, she will no longer be State’s assertion. Far be it for me to enter into a considered a farmer the moment she leaves her dispute with the Attorney General, but it strikes premises to carry out the procedure. Instead, she me that the words “appropriate for trial”, which will be considered a veterinary nurse and, as such, would be inserted by the amendment, take is prohibited under the legislation from carrying account of the example. out the procedure. This unfair anomaly must be addressed and amendment proposes to do so. I Mr. Browne: Having consulted the Office of ask the Minister of State to accept it. the Attorney General, the Minister believes the Dr. Upton: I support the amendment. The pro- amendment is not necessary and has advised as vision, as defined, creates an anomaly in that a such. qualified veterinary nurse who carries out a minor medical procedure or surgery in a personal Question, “That the words proposed to be capacity could be at risk of placing himself or her- deleted stand”, put and declared carried. self outside the law. Amendment declared lost. Mr. Browne: Deputies Naughten and Crawford have again proposed amendments covering the Dr. Upton: I move amendment No. 20: carrying out by veterinary nurses of minor medi- In page 64, line 16, to delete “triable” and cal or surgical procedures. The effect of these substitute the following: amendments would be that ministerial regulations would be required before nurses could “which, in the opinion of the Council, would become active in this area. When this matter was have been appropriate for trial”. discussed on Committee Stage, the Minister drew attention to the amendment she had agreed in the Question, “That the words proposed to be Seanad by which nurses would be permitted to deleted stand”, put and declared carried. carry out functions of this type on the direction 1145 Veterinary Practice Bill 2004: 29 June 2005. Report Stage (Resumed) and Final Stage 1146 of a veterinary practitioner. She also pointed out “or a procedure under section 55 under the that the Bill provides for a definition of the word direction of a veterinary practitioner”. “minor” in the context of medical or surgical procedures. In light of this and given that we are not Amendment put and declared lost. adopting a similar approach in respect of other tasks a nurse may carry out on the direction of a Acting Chairman: Amendments Nos. 25 and 26 veterinary practitioner, it is not necessary to are related and they will be discussed together. provide for ministerial regulation-making powers in this sole instance. Accordingly, I do not pro- Mr. Naughten: I move amendment No. 25: pose to accept the amendments. In page 68, to delete lines 42 to 44 and in Mr. Naughten: Does the Minister of State page 69, to delete lines 1 to 4 and substitute accept that the question of body cavity creates a the following: major anomaly in the system? We must all live in “(5) Prior to making a regulation under the real world in which we will experience subsection (1) the Minister shall seek and increasing difficulty securing sufficient veterinary obtain the approval of each House of the practitioners to service rural areas. The majority Oireachtas.”. of veterinary practitioners who complete their This has been discussed ad infinitum. training will move into small animal practice. In addition, elderly people who have stuck to the Question, “That the words proposed to be land and may not have proper procedures or deleted stand”, put and declared carried. equipment or the required housing will call on neighbours for assistance, as people have done Amendment declared lost. for generations. Under the legislation as framed, if the neighbour is a veterinary nurse, he or she Mr. Naughten: I move amendment No. 26: can be struck off the register for providing such assistance. This is wrong and the section must In page 76, to delete lines 36 to 42 and substi- include provision to cover genuine emergencies. tute the following: Animal husbandry issues and human nature must “(3) Prior to making a regulation under be considered. I ask the Minister of State to this section or section 102 the Minister shall ensure that if a veterinary nurse acts as a good seek and obtain the approval of each House samaritan, he or she will not jeopardise his or of the Oireachtas.”. her career. Question, “That the words proposed to be Mr. Browne: The Minister has considered this deleted stand”, put and declared carried. issue since Committee Stage. The Bill defines certain functions which may only be performed by a Amendment declared lost. veterinary practitioner, while all other functions may be undertaken by a veterinary practitioner, Mr. Browne: I move amendment No. 27: veterinary nurse or layperson. The Minister is satisfied, particularly following her acceptance of In page 78, line 11, to delete “Notwithstand- amendments in the Seanad which further clarified ing section 109, where” and substitute the position, that the section is adequate to meet “Where”. the requirements outlined by Deputy Naughten. This is purely a technical amendment which arises Question, “That the words proposed to be from the amendments made to this and related deleted stand”, put and declared carried. sections on Committee Stage. Arising from the earlier amendments, the reference “Notwith- Amendment declared lost. standing section 109” in paragraph (i) of section 107 is redundant and, on the advice of the Office Mr. Naughten: I move amendment No. 23: of the Attorney General, can be deleted.

In page 67, after line 43, to insert the Amendment agreed to. following: “(3) The Minister may, with the approval Dr. Upton: I move amendment No. 28: of each House of the Oireachtas, by regu- In page 89, between lines 6 and 7, to insert lation prescribe the minor medical pro- the following: cedures and minor surgery which may be carried out by a veterinary nurse.”. “(3) Where an authorised officer takes possession of or removes from the premises for examination and analysis, any animal Amendment put and declared lost. pursuant to subsection (2)(h) which is not the property of the registered person con- Mr. Naughten: I move amendment No. 24: cerned, then— In page 68, line 4, after “relates)” to insert (a) the authorised officer shall take the following: reasonable steps to notify the owner of the 1147 Veterinary Practice Bill 2004: 29 June 2005. Report Stage (Resumed) and Final Stage 1148

[Dr. Upton.] gations by authorised officers of the council at animal of such seizure or removal, within veterinary premises will be carried out under a a reasonable time after taking possession search warrant. of or removing the animal, save where it is Amendment No. 28 deals with the seizure of not possible to identify the owner notwith- animals in the context of investigations. The standing reasonable diligence, Minister explained on Committee Stage that she (b) where the owner so requests, the could not accept this having taken into account authorised officer shall return the animal the legal advice of the Attorney General’s office. to the possession of the owner unless there She has since given the matter further consider- are reasonable grounds to believe that the ation and, where authorised officers of the owner is responsible for serious ill-treat- council seize animals belonging to a third party, ment or neglect of the animal, and they will be assumed to take on a duty of care for the animals and it is reasonable to assume they (c) where an animal is returned to its would inform the owner. It is not, however, owner following seizure or removal under appropriate to cover such procedural matters in this section, the subsequent production of primary legislation. the animal in proceedings (including dis- There are also concerns about paragraph (b) ciplinary proceedings) under this Act shall of the amendment where there would be a more not be required, and the production of specific difficulty. There may be cases other than photographic or scientific evidence regard- potential ill treatment where it would not be posing the condition of the animal shall be sible or appropriate to return animals to the sufficient in any such proceedings.”. owner. The animals may have been given banned The Minister agreed on Committee Stage that she drugs requiring their removal from the food would look at this amendment. It would protect chain. Bearing in mind the substantial amend- the property rights of the owners of animals on ment which the Minister accepted on Committee the premises that are raided by authorised Stage on veterinary premises, the correct balance officers. has been struck and, accordingly, we do not pro- There is no difficulty with the authorised pose to accept the amendment. officer seizing the property of the vet because it is intended the legislation will provide for that. It Dr. Upton: This amendment would protect the is important, however, that any third party who is rights of the owner. The Minister of State made a client of the vet and whose animal is in the sur- assumptions in his response, which is not always gery at the time is protected. best practice legally. Significant issues arose in The first part of the amendment states that the the recent past related to the seizure of animals authorised officer is not required to get per- and the right of people to enter premises. That is mission from the owners in advance but must why the rights of owners should be particularly notify them after the event. That is reasonable well protected in the legislation. I accept that if and practical. It is then up to the owner to request banned drugs are present, it would not be reason- the return of the animal and if that request is able or practical to return the animals to the made, the animal should be returned unless the owner but where there are no grounds for sus- owner is going to mistreat it. pecting ill treatment of the animal, it would make When the animal is returned, production of the sense that the owner would be informed and the animal in court or before the veterinary council animal returned. It is important primarily from is not required and scientific evidence is satisfac- the point of view of protecting the rights of the tory. It might be practical to bring a Manx cat but owner of the animal. it might not be best practice to bring a Friesian cow to a court or sitting of the Veterinary Mr. Naughten: Reality can be very different Council. from what is envisaged in legislation. The Mini- ster of State is making many assumptions and Mr. Naughten: I agree with Deputy Upton, people know that assumptions in previous legis- particularly on her last point. Whatever about lation did not apply when it came to implemen- bringing in a Friesian cow, I can imagine trying to tation. I ask the Minister of State to reconsider bring in a Limousin bull — it would cause severe the amendment. difficulty. It is fair that an unrelated third party who has an animal on the premises should be Mr. Browne: I discussed all the amendments given proper notification. The amendment is with the Minister and she was anxious that I balanced. It would protect the inspectors who would make Deputy Upton aware that she had might have to remove animals and protect the considered this amendment seriously and dis- rights of the owners of the animals, particularly cussed it with the Office of the Attorney General, animals as valuable as a Limousin bull. but found that she could not accept it. It would be difficult to frame legislation where banned drugs Mr. Browne: Arising from concerns expressed might be involved and she is not prepared to in both Houses, the Minister for Agriculture and accept the amendment. Food, Deputy Coughlan, agreed to substantial amendments to this section under which investi- Amendment put and declared lost. 1149 International Interests in Mobile Equipment (Cape 29 June 2005. Town Convention) Bill 2005: Second Stage 1150

Bill, as amended, received for final con- are vast improvements. The legislation was over- sideration. due. This is a complex area and much work remains to be done in the area of animal health. Question proposed: “That the Bill do now I thank everyone involved for their co-operation pass.” with the Bill.

Minister of State at the Department of Agri- Question put and agreed to. culture and Food (Mr. Browne): I thank Deputies Upton and Naughten in particular for their contributions on the Bill. I was here on Second Stage International Interests in Mobile Equipment of the Bill and I know they made important (Cape Town Convention) Bill 2005 [Seanad]: suggestions on how the Bill could be improved. Second Stage. The Minister for Agriculture and Food acted on Minister for Transport (Mr. Cullen): I move: many of the proposals put forward by Deputies “That the Bill be now read a Second Time.” on all sides of the House. I thank them for their The purpose of the Cape Town Convention is co-operation and support. There were 104 to make it easier to finance the purchase of air- amendments to the Bill, which was a significant craft. There are two parts to the convention. The number. I thank all Deputies, particularly the convention itself provides a general framework Front Bench Members, Deputies Naughten and for an international legal basis for financing Upton. I thank the officials from the Department moveable assets. It is accompanied by a protocol of Agriculture and Food. containing more specific arrangements for aircraft assets. It is envisaged other protocols will be Mr. Naughten: I endorse what the Minister of developed to deal with railway rolling stock and State at the Department of Agriculture and Food, space assets, but these are not dealt with in the Deputy Browne, has said. I thank him and the Bill. The Schedules contain the text of the con- Minister for Agriculture and Food, Deputy vention and of the protocol relating to aircraft Coughlan, for their co-operation with the Bill. I objects. For convenience, when I refer to the con- also thank the departmental officials who did an vention, I will also be referring to the aircraft excellent job with an extremely complex Bill. protocol. There was a significant amount of lobbying Aircraft are expensive items, even when regarding it. bought second hand. It is a rare occasion that an The legislation is dramatically different from airline can afford to acquire additional aircraft that originally published. This is the proper way without borrowing. However, because aircraft that legislation should be brought through the move between countries, it is not easy to borrow Oireachtas. Consultation must take place follow- for an aircraft as for industrial or commercial ing a Bill’s publication. Credit must be given to property. In the case of a building or a plot of the Minister for Agriculture and Food on the land, the bank lending the money for its purchase advice that was provided by her officials. When will always know where the property is situated the legislation went before the Seanad, a number and what law applies in connection with a lease of significant issues were flagged which the Mini- or mortgage on the property. ster took on board. To her credit and that of her officials, when the Bill came before this House — The purpose of the Cape Town Convention is traditionally it can be very difficult to have to create a uniform international legal framework amendments accepted when the Bill is passing for loans and leases for aircraft so an aircraft can through the second House — the Minister was be the asset securing the loan. This framework flexible in accepting reasonable amendments. will provide lending institutions with stability and Credit is due to all involved in this dramatically certainty about their ability to repossess aircraft improved Bill. There will be significant battles in that are subject to loans or leases if the borrower the next couple of months with the animal health fails to make the contractual payments. If, at the Bill where many of the issues raised with the Vet- time of the default on the loan payments, the air- erinary Practice Bill will again be raised. I thank craft concerned is in any country that has ratified all those involved in the enactment of the Bill. the convention, the courts of that country will apply the rules of the convention to determine Dr. Upton: I thank the Minister of State at the who may take possession of the aircraft. By Department of Agriculture and Food, Deputy reducing the risk for lending institutions, the con- Browne, for taking amendments yesterday and vention will enable lending rates to be reduced. today. He has been co-operative in moving the This will obviously have benefits for airlines Bill through the House. The Minister for Agri- and, ultimately, for passengers. It will be of part- culture and Food, Deputy Coughlan, took on icular benefit to the less developed countries board a large number of amendments after the where access to large-scale finance is more diffi- Bill was passed by the Seanad, and that is cult. As a concrete example of this, the US appreciated by all Members of this House. I Government’s Export-Import Bank has offered realise how much work the Department officials reduced interest rates in respect of loans to air- put into this long Bill. There have been significant lines in countries that have ratified the changes since 1931 and we now recognise there convention. 1151 International Interests in Mobile Equipment (Cape 29 June 2005. Town Convention) Bill 2005: Second Stage 1152

[Mr. Cullen.] United States, Pakistan and Oman. Due to An important part of the convention is the Ireland’s long-standing support for this project, creation of the international registry. Its purpose and especially because Aviareto was selected to is to record the existence of loans and leases operate the registry, it is my ambition for Ireland covered by the convention and to establish to be one of the first eight ratifying countries, and priority between them on a first come, first served I am sure the House will support me in this. basis. The registry will operate over the Internet The registry will not take over the role of the on a 24 hour, seven day a week basis. To gain the Irish Aviation Authority for registering the protection of the convention, a loan or lease must nationality of Irish aircraft or regulating aviation be recorded in the registry. If two or more loans safety. It will only be concerned with recording for the same aircraft exist, which is quite com- the existence of leases and loans for aircraft. It mon, the loan registered first will have priority will do so for aircraft throughout the world, not over later registrations. Members of the public, as just for Irish aircraft. When considering the Bill, well as those in the aviation and financing indus- it is important to note there is no obligation to tries, will be able to search the registry to discover use the registry or to make use of the convention. if loans are recorded for any particular aircraft. The Bill will not impose changes on people who Only appropriately authorised users will be able do not wish to take advantage of it. to add or change information in the registry. Aircraft financing involves large sums of A substantial number of the world’s aircraft money. All the parties to a loan or lease will have leasing and financing companies are located in professional legal and financial advisers. Conse- Ireland. In addition to direct employment in quently, we can be satisfied all users of the regis- those firms, their location in Ireland has resulted try and the convention will do so on the basis of in a considerable volume of high-profile work for carefully considered decisions. It is also important Irish legal and accounting firms. My Department to note the convention will not affect the status has supported this project for several years. At an of financial interests where the parties choose not early stage we made it clear we were anxious to to register them. It will not affect cases where the have the registry located in Ireland to underscore financial interest was created before the conven- our long-standing commitment to international tion comes into force in the relevant country, aviation and to support aircraft financing activity even if the interest is subsequently included in in Ireland. My Department participated in the the registry. preparatory work leading up to the diplomatic This is a short Bill. Most of the text is contained conference in Cape Town in November 2001 in the Schedules, containing the convention and where the convention was adopted. protocol. Sections 1 to 3, inclusive, contain stan- With the valuable assistance of senior Land dard provisions in legislation such as the Short Registry officials, my Department contributed to Title, purpose of the Act and interpretations. the work of the international registry task force, Section 4 provides that the convention and proto- established to define the role and operation of col will have the force of law in Ireland. The con- the registry. One meeting of the task force was vention and protocol will only apply where held in Dublin Castle in January 2000. It was people have chosen to take advantage of it. decided at an early stage that a competition Section 5 empowers the Government to make would be held to select the operator of the regis- various declarations that are permitted under the try to ensure its efficient operation. It was held convention and protocol. These allow a certain by the International Civil Aviation Organisation amount of tailoring to take account of national in the first half of 2004. I was delighted when an circumstances. As the convention has been for- Irish company, Aviareto, was unanimously selec- mulated in a way that closely reflects common ted as the winner at an international conference law legal systems, such as we have in Ireland, the in Montreal in May last year. Other bids came declarations are primarily for the benefit of coun- from Canada, Singapore and Spain. tries with other legal systems. Aviareto is a small PPP project between my Section 6 contains standard provisions in con- Department and SITA, a major international nection with making orders, such as the inclusion company owned by over 700 aviation companies of consequential provisions and specification of worldwide. It is the world’s leading provider of when an order takes effect. Section 7 specifies global information and telecommunications sol- that the High Court is the appropriate court. utions to the air transport and related industries. Under the convention, disputes involving the It has offices in Letterkenny and Dublin, registry must be heard in the Irish courts because employing 60 people in Ireland. The company the registry is based here. recently announced the expansion of its activities Section 8 requires courts to take notice of the in Letterkenny, which will employ more than 120 convention and protocol. Section 9 requires that additional staff. Aviareto will be a small proceedings for damages must take account of employer with probably fewer than ten staff and compliance with the relevant articles of the con- will be based at SITA’s Du´ n Laoghaire offices. vention. Because the registry will be a computer- The convention will come into force when it based system, it is important for users to comply has been ratified or acceded to by eight countries. with its requirements if they wish to have its pro- So far, there have been six ratifications and tection. It was never intended that the registry accessions by Panama, Ethiopia, Nigeria, the would have responsibility for checking the quality 1153 International Interests in Mobile Equipment (Cape 29 June 2005. Town Convention) Bill 2005: Second Stage 1154 or accuracy of the information placed in the data- simply withdrawn from that market. However base, which is the responsibility of the users. The possibly perversely, alongside that uncertainty registry will be responsible to ensure that no the world is becoming increasingly dependant on errors are introduced while the data is stored in aviation. At the same time increased globalisation the database. and the changing axis of the world economy Section 10 empowers the Minister to subscribe towards Asia mean that everyone, including for shares in the registry company, Aviareto, to Ireland, needs certain, affordable and easier an amount not exceeding \40,000. The Minister’s access to safe skies. It is essential for Ireland as shareholding will be an important indication of an island country both to have that kind of access Irish support for the convention and protocol as and certainty itself and that it is available inter- well as the registry company. Section 11 prohibits nationally to the people with whom we hope to a court from making an order that would prevent trade and do business. I welcome the proposed the registry from providing the services pre- incorporation of the Cape Town Convention into scribed by the convention and protocol. This Irish law as we must welcome anything that section does not prevent anyone from pursuing a brings certainty and predictability to such a high- claim for damages against the registrar. However stakes sector which is so subject to fluctuation, it is important to ensure that a dispute with one natural disaster and as we saw from the 9/11 party cannot affect the operation of the registry attacks, to the evil machinations of Man. for the benefit of others. As the Minister stated, the main objectives of Sections 12 to 14 are standard provisions per- the convention are to bring about efficient financ- taining to orders including the laying of orders ing of aircraft and engines by promoting uniform- before the Oireachtas and the usual opportunity ity of contract through the protocol as well as pre- for either House to pass a resolution to annul an dictability for those with a security interest in the order. Section 15 is a standard provision in asset concerned. This will bring a win-win respect of the Minister’s expenses under the Act situation. It means higher sales for manufacturers when enacted. Section 16 inserts standard pro- as financing becomes easier. It means easier visions into the Act that implements the Montreal access for emerging economies to such finance, as Convention pertaining to the making of orders the level of risk for them — usually it is their under that Act. These include the laying of orders Government — is reduced. It means reduced made in respect of the Montreal Convention financing costs and enhanced access to different before the Oireachtas and providing for possible types and sources of funding for airlines. More- annulment by either House. Because of a dead- over, younger fleets mean that greater fuel line to enact that Act before the expansion of the efficiencies are available to such airlines. In European Union on 1 May 2004, it was not possible to include these amendments before it was addition, this benefits passengers, in reduced air enacted. fares, improvements in an increased flow of services as well as more routes. It also increases This convention represents an important and welcome step forward in the legal framework safety for passengers because it means fleet connected with aviation finance and having the replacement is made much easier, so one has a international registry located in Ireland is a great younger, and consequently a safer fleet. achievement. I congratulate all those involved in It also brings benefits for Governments, in that process and I commend the Bill to the particular for developing countries, but also in House. developed countries where the national airline fleet purchases have been funded or backed by Ms O. Mitchell: I welcome this Bill to the Government guarantees, as the greater degree of House. The Minister is aware that I inquired as certainty about the enforcement of rights will to its status a number of times as I too was bring lower costs for them. Even for Govern- anxious that it would come before the House ments such as our own, which is contemplating before it rose and would be transposed into Irish privatisation, the risk reduction associated with law. Consequently, I welcome the fact that it has the convention means that other cost-effective being taken this week. On behalf of the Fine Gael sources of finance have opened up to airlines that Party, I am happy to give it my support. might previously have had — I use the word As a result of the 9/11 attacks and reinforced advisedly — the cushion of State-provided fin- by subsequent international events including ris- ance or guarantees. ing fuel prices, the entire aviation sector has been Our own Irish airlines, Aer Lingus and Ryan- subject to a climate of uncertainty, to put it air, are both expanding airlines that plan to mildly. It brings uncertainty for manufacturers, expand their fleet and this legislation comes at financiers, lessors, exporters, importers, airlines the perfect time for them. Both will benefit sig- and for ordinary air passengers. The Air Navi- nificantly from the discounts likely to be offered gation Bill passed by this House last week was a to airlines of ratifying countries. I have read that result and possible manifestation of that uncer- one US bank is offering a 33% premium tainty, whereby the State found itself forced into reduction for aircraft delivered before September a position to provide air carriers with insurance 2005 for ratifying countries. This kind of incentive cover for potential dirty bomb damage, because will be quite common for early participation in the entire commercial insurance business had the protocol. 1155 International Interests in Mobile Equipment (Cape 29 June 2005. Town Convention) Bill 2005: Second Stage 1156

[Ms O. Mitchell.] been made by this Minister and his predecessor Ratification has a particular significance for about the urgency with which Aer Lingus needs Ireland in that the bid by Aviareto to operate the to access capital, yet nobody has managed to put international register was successful. I am unsure a figure on it. We know from the chairman of Aer whether the Minister is aware of the point, but a Lingus that it has had no difficulty in financing condition of the contract was that the winning the replacement of its short-haul fleet. It could bidder would ratify the convention. As the host easily look after the replacement of its long-haul country to the registry, other EU countries have fleet as a State company. There are numerous been looking to Ireland to give the lead and I options, including this one and long-term leasing hope they will now quickly follow Ireland’s arrangements. Aer Lingus would have no diffi- example and transpose the convention into their culty raising loans, for example, and there is own laws. This will ensure a flow of funds to the always the option of State investment in the registry, which obviously needs funds to function company. properly. I again put on record my grave concerns about As the Minister noted, the contract to operate what the Minister proposes to do in regard to the the registry was won against stiff international national airline. There are many key national competition and it is of no small significance to strategic interests which the Minister and the Ireland. It is quite a feather in the cap of this Government, as representatives of the share- company and the stakeholders. Did the Minister holder, should bear in mind in terms of the future state that it was a joint venture company? It is of the national airline. I reiterate my concern not an insignificant achievement and it puts about the direction the Minister is taking as there Ireland on the world aviation map and puts us at is no reason Aer Lingus cannot stay in State the cutting edge of the financing sector of avi- hands. A number of Government spokespersons, ation. Hence, for Ireland and for international particularly the Minister’s predecessor, are partic- aviation, it is a very good day’s work. I am happy ularly disingenuous about the situation in Aer to support this Bill on behalf of Fine Gael. Lingus and the possibilities for the future. I presume we will come back to that when the Mini- Ms Shortall: I welcome this Bill on behalf of ster gets advice from those he proposes to employ the Labour Party and we are happy to facilitate to advise him following the taking of the decision. its speedy passage this evening. The fact that We will return to that matter later in the year. work has been carried out so quickly on this Bill To return to this Bill, I congratulate the Mini- to enable the ratification of the protocol and con- ster’s officials who were involved in the prelimi- vention is a positive development. We welcome nary work and design for this legislation and the the object of the convention in terms of facilitat- international registry. Obviously very impressive ing the easier financing of aircraft purchase work was carried out and the proof of that is the through assets based arrangements and do not fact that Ireland has been unanimously selected wish to do anything to delay that process. There as the winner of the competition organised to sel- are undoubted benefits to Irish airlines in the ect the operator of the registry for the first five speedy passage of this legislation and by signing years. That is undoubtedly a feather in our cap in up to the convention. terms of aviation development. Great credit is At a time when the future of airline travel is due to SITA and the people in the Department based on the low cost model, it is critical that the who brought this about. We have been very suc- EU plays a part in facilitating the purchase of air- cessful in this regard and it will be an important craft, which will enable the various airlines to catalyst in terms of Ireland developing a strong continue to provide a low cost model to travellers role in the financial aspects of the aviation and facilitate easy access to air travel. We can all industry. remember the days when the prices of tickets, As I mentioned, we are very happy to facilitate even to London, were outrageous. We very much the speedy passage of this Bill. However, I hope welcome the developments which have taken the Minister will take on board the small number place in the past 20 years or so. To the fore in of amendments I tabled in good faith and which that was Ryanair to which we all have much to are intended to improve the Bill. I was disap- be grateful in terms of the development of that pointed last week when we dealt with the Air market. It has certainly forced the hand of Aer Navigation and Transport (Indemnities) Bill in Lingus in terms of wising up to the modern airline that I thought the Minister was somewhat churl- market, changing its cost base and developing ish in not accepting an amendment for which he attractive air traffic costs and fares attractive to accepted the need. It seemed he did not want to the public. It was forced into that competitive accept it to avoid the inconvenience of having to situation which has been good and from which we table an amendment and any slight delay. I hope have all benefited. the Minister will be generous and accept some Why is the Minister not prepared to remain of these amendments, the purpose of which is to involved with Aer Lingus? Why has he taken improve this short Bill. I look forward to the such a hard line in terms of the future of the Minister’s generosity in that regard. national airline? This type of asset-based financing is one of several options available to Aer Minister for Transport (Mr. Cullen): I thank Lingus in terms of replacing its fleet. Much has the Deputies for facilitating the Bill and for their 1157 International Interests in Mobile Equipment 29 June 2005. Bill 2005: Committee and Remaining Stages 1158 strong support for it. This is a great win for I tabled this amendment for reasons of clarity. I Ireland on the international stage and it amplifies received this Bill a while ago and when I read the once again the strength of the Irish financial Title I did not think it had anything to do with services sector and the important role of Ireland the Department of Transport. The and Dublin in international finance in general. I 6 o’clock Title is very confusing and would think that was a key element in the international suggest that the Bill had something competition which Ireland won against some to do with mobile telephones. We suggest accept- pretty stiff competition, as the Deputies said. It ance of this amendment to change the Short Title was a surprise to some that Ireland won and there to “This Act may be cited as the Air Navigation was much angst because we did. and Transport (Cape Town Convention on Inter- The convention will reduce the financing costs national Interests in Mobile Equipment) Act for airlines but it certainly will not deal with any 2005”. The existing Title is very misleading and other issues in regard to companies seeking fin- we suggest a Title similar to the Air Navigation ance in terms of trying to lever on assets. One of and Transport (International Conventions) Act the Deputies referred to one bank offering a 33% 2004 be adopted. As the Title stands, an ordinary reduction in terms of rates. We know this is avail- person would think it had something to do with able. I will not, however, rehearse many of the mobile phones. arguments I could put to Deputy Shortall about Aer Lingus. I do not hold an ideological view on Mr. Cullen: It is not appropriate to link the Bill the company. If it were at all possible and if the with the Air Navigation and Transport Act for company could have a realistic future in State two reasons. First, the convention is about finan- hands, I would be the first to support that. No cial matters rather than air services. Second, it is State airline has a future. That fact is accepted. I envisaged that the convention will apply to other had discussions yesterday with trade unions on non-aviation financial matters, including railway that. rolling stock and space assets, for which I was travelling recently and I picked up a additional protocols are being prepared. That is magazine — I think it was The Economist, why the convention refers to mobile equipment although I am not absolutely certain — in which specifically, as the issue is much broader than that the international assessment was dismissive of of air transport, the aspect with which I am deal- what would be left in Europe in terms of airlines, ing today. The Bill does not deal with railway rol- irrespective of sales and so on. It was firmly of ling stock or space assets. Further legislation will the view that the only four airlines left in Europe be needed to apply protocols to such matters. in a short period would be Lufthansa, British Air- The Cape Town Convention was news to me ways, KLM and Air France. It did not see any but everyone in the airline business knows about other airline surviving. it. The convention is not specific to air transport; Aer Lingus is unique in what it has achieved to it covers mobile assets right across the spectrum. date. We must capture what it has achieved and It is also about financing, rather than services and give it life into the future. The Deputy was right so on which are dealt with in other Bills. I do not that it is not about the money. That is one of the propose, therefore, to accept the amendment. issues. The issue is commercial access, working in the markets, decision-making processes etc. I am Ms Shortall: I will not press it. While I take the pleased with the way matters are proceeding and Minister’s point, for the sake of clarity, the Bill people on all sides are up for the challenge. I should refer to mobile assets rather than mobile hope we can clarify some of the questions equipment. Deputies Olivia Mitchell and Shortall raised in respect of the future. We look forward to that. Amendment, by leave, withdrawn. I thank the two Deputies for their support for the Bill. Section 1 agreed to.

Question put and agreed to. Section 2 agreed to. SECTION 3. International Interests in Mobile Equipment (Cape Town Convention) Bill 2005 [Seanad]: Acting Chairman (Mr. Sherlock): Amendment Committee and Remaining Stages. Nos. 2, 3 and 5 are related and may be discussed together. NEW SECTION. Ms Shortall: I move amendment No. 1: Ms Shortall: I move amendment No. 2: In page 3, before section 1, but in Part 1, to In page 3, subsection (1), line 28, to delete insert the following new section: “opened for signature” and substitute “1. This Act may be cited as the Air Navi- “done”. gation and Transport (Cape Town Conven- “Done” is the word normally used and is used in tion on International Interests in Mobile both the convention and the protocol. I wonder, Equipment) Act 2005”. therefore, why we are using the strange term “op- 1159 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1160

[Ms Shortall.] SECTION 16. ened for signature”. I would have thought it was more appropriate to use the word “done”. Question proposed: “That section 16 stand part of the Bill.” Mr. Cullen: The wording is taken from the final Act of the diplomatic conference which states, Mr. Cullen: Section 16 which amends the Act “The said Convention and Protocol have been dealing with the Montreal Convention is in opened for signature at Cape Town this day”. As response to a request for an amendment by there is no time limit after which states may not Deputy Shortall. I am not hard all the time. accede to the convention, it is not clear when the convention and protocol could be said to be done. Ms Shortall: I am bowled over by the Mini- A contract can be said to be done when all rel- ster’s generosity. evant parties have signed it but in this case parties will continue to add their signatures to it. That is Mr. Cullen: I will try to take some credit. There the reason we have inserted the phrase in the Bill. was an acceptance at the time that the Act should be amended. Ms Shortall: I have not seen that done before. Question put and agreed to. Amendment, by leave, withdrawn. Schedules 1 and 2 agreed to. Amendment No. 3 not moved. Amendment No. 5 not moved. Section 3 agreed to. Title agreed to. Sections 4 to 10, inclusive, agreed to. Bill reported without amendment and received SECTION 11. for final consideration.

Ms Shortall: I move amendment No. 4: Question proposed: “That the Bill do now pass.” In page 6, line 21, to delete “A” and substitute the following: Ms O. Mitchell: I thank the Minister for bring- “The Registrar shall be designated under ing the legislation before us so speedily and am section 40 of the Diplomatic Relations and very relieved it has been passed before the House Immunities Act 1967 and accordingly a”. rises for the summer. I thank the officials for their briefings and work on an extremely complicated This deals with protection of the operations of Bill. the international registry. This section was quer- ied in the Seanad and the response was not Ms Shortall: I also congratulate the Minister entirely satisfactory. The purpose of the amend- and his officials. ment is to ensure the registrar would be able to function with all the proper protections and Mr. Cullen: In keeping with the collegiate immunities available under the Diplomatic approach, I thank everyone for their help in get- Relations and Immunities Act 1967 which I sug- ting the Bill through, including the officials. I am gest should be extended to cover the registrar. sure this will prove to have been a good day for the aviation sector. Mr. Cullen: It is not intended to give the registrar diplomatic status. The registrar is a company Question put and agreed to. with a contract with the International Civil Avi- ation Organisation for the purpose of carrying out functions under the convention which specifi- Driver Testing and Standards Authority Bill cally allows the registrar to be sued for negli- 2004: Second Stage (Resumed). gence. The purpose of section 11 is to prevent a court from making an order at the request of one Question again proposed: “That the Bill be aggrieved party that would prevent the registrar now read a Second Time.” from continuing to provide service for all others. Acting Chairman: Deputy Healy was in pos- In other words, if one airline company was session but is not in the House to resume his involved in a dispute with the registrar and speech. I do not know who the next speaker is. decided to sue, it would not be able to obtain an injunction to stop business being carried out with Dr. Devins: I will speak. other airlines. Acting Chairman: Ar aghaidh leat. Amendment, by leave, withdrawn. Dr. Devins: Go raibh maith agat. Section 11 agreed to. Ms O. Mitchell: I am not sure who was in Sections 12 to 15, inclusive, agreed to. possession. 1161 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1162

Acting Chairman: Deputy Healy was in learn to drive before undertaking the test, but in possession. the industry to which they turn anyone can set up a business without there being a check on his or Ms O. Mitchell: Does it move to the Govern- her qualifications. ment side now? I stress that most instructors are eminently qualified, having undergone training to reach the Acting Chairman: I presume so. As people requisite level of competence and that a register were slow to offer, I called Deputy Devins. exists on which more than three quarters of instructors are listed. The register has been com- Ms O. Mitchell: Go ahead. piled with funding from the Department of Transport and attained ISO 9001 accreditation. Dr. Devins: I am delighted to have the oppor- To become a registered person, it is necessary for tunity to speak on the Bill designed to establish a an instructor to demonstrate that he or she has driver testing and standards authority. I welcome attained a certain level of proficiency in instruc- the fact that the new authority will be based in tion. I suggest to the Minister that one of the first Ballina where the headquarters of the existing functions of the new authority should be to regu- driver testing service is located. While Ballina is larise the position of driving instructors to allow not in my constituency, it is on its border and I members of the public to have confidence that am sure many in Sligo-Leitrim as well as Mayo their tuition is being provided by a fully approved will be delighted at the location of the new auth- person. I welcome the Minister’s commitment to ority. The decision to locate such an important allowing existing instructors who can show that authority in the west of Ireland is another they are bona fide operators to continue to teach example of the Government’s commitment to the before undergoing the appropriate competency retention and development of life outside Dublin. tests. Since the driving test was first introduced in To undergo a test a driver must be familiar 1964, more than 2.4 million tests have been car- with the driving of a car. As this can only be ried out. Driving tests are conducted to ensure achieved through repeated practice and instruc- that each user of a motor vehicle has attained an tion, it is necessary to provide for provisional appropriate level of competency, which is of criti- driving licences. Considerable media attention cal importance at a time in which approximately has focused on provisionally licensed drivers and one person is killed on our roads each day. It is their rate of involvement in fatal accidents. Some essential that those who use motor vehicles are commentators have stated the holders of pro- qualified to drive them. The test is the first step visional licences are responsible for the deaths of in the process. at least 10% of those who die on Irish roads, The increase in the number of cars on the road while others have suggested the real figure may has been matched by an increase in applications be as high as 20%. It is often forgotten in this for tests. There are currently in excess of 120,000 debate that before an applicant is granted a pro- applications for tests on file with the result that visional licence, he or she must undergo the the- the waiting time is now approximately 38 weeks. ory test introduced in 2001. The test consists of While there has been some reduction in waiting computerised questions with multiple-choice times, 38 weeks is still far too long. I welcome the answers. Minister’s announcement that the Bill is a first It might be possible to include in the theory step in a process to reduce waiting times still test a driving simulation similar to those that fea- further. People should not have to wait for ture in many computer games to examine the between 30 and 38 weeks to undergo a test which ability of a test applicant before he or she obtains is why we must aim to ensure that applicants can a provisional licence. A simulation test might pre- be confident of taking tests within a couple of pare an applicant for the process of driving a car. weeks of applying. It will be the duty of the new Likewise, the requirement by a provisional authority to ensure a proper service is available licence holder to display the letter “P” should be to members of the public within a reasonable rigorously enforced. This will ensure other motor- time of applying for a test. ists understand that an inexperienced driver is The issue of what constitutes a driving test has driving a car. However, at the end of the day, received a great deal of attention in the media. nothing beats the presence of an experienced Before I consider the contents of the test, instructor with a learner driver in a car. however, I will discuss preparation for it. It is cur- While I recognise that new and more involved rently the case that any person may operate as a questions must be asked of drivers as to how the driving instructor provided he or she has a full mechanics of the motor vehicle operates, the driving licence. As the Minister has already reality is that most, if not all, modern cars have a stated, driving instructors are not currently very comprehensive console which indicates if required to register, in which context, like many such things as oil or brakes need to be changed. other Members, I have been approached by A frequent requirement of drivers is to have the people working in the industry. It is ludicrous that ability to change a tyre, yet this is not tested in a there are no regulations in place to require driv- practical manner by the current test. I suggest ing instructors to establish their bona fides. that a more practical approach to new elements Members of the public approach instructors to of the driving test might be of longer term 1163 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1164

[Dr. Devins.] that must be learned early. Young people do not benefit. I welcome the Bill and commend it to understand how powerful those machines are and the House. how they are capable of inflicting great damage and loss of life if not treated with the caution and Mr. Hayes: I welcome the opportunity to say a respect they deserve. Such matters must be few words on this very important Bill. Road understood from the start not learned the hard safety is a key concern of everybody, as it should way, as happens with so many young people and be. The carnage on our roads must be tackled their families. urgently. Almost every year the number of road Teachers are the best people to communicate traffic fatalities increases. In 2004, 379 people with young people on driving safety. Transition were killed on our roads, an increase of 34 victims year would be an ideal time to teach young compared to the previous year. In the past dec- people about driving skills, its responsibilities and ade, 5,000 people have lost their lives on our the consequences of careless driving. This would roads. Road traffic accidents leave their mark on be an ideal opportunity for young people in rural families and communities. The community in and urban areas to learn this life skill. I often which an accident takes place is also affected. observe leaving certificate students driving to A substantial number of people have already school in their parent’s cars. Transition year lost their lives on our roads this year. In many would provide an ideal opportunity for young cases, the reason for the accidents related to the people to learn driving. condition of the roads. Poor surface is an urgent The long waiting lists for driving tests adds to issue and the quality of national primary roads the problem. It is possible to drive for up to five leaves much to be desired. Potholes, dangerous years on most roads in Ireland without having to bends, temporary traffic lights, and gridlocked sit a test. When a responsible young person traffic, coming into small towns and villages gives chooses to sit a test he or she can be left waiting the illusion that one could not possibly be on a for up to a year in most cases. In Clonmel, for main road in one of the wealthiest states in the instance, the waiting period for a driving test is world. It is shocking that road users are expected 53 weeks. The driving test centre in my constitu- to tolerate these deplorable conditions. ency in Tipperary town is slightly better at 51 Poor signage is also a serious problem. This weeks. Constituents contact me every week of the week I received several complaints about drivers year looking for their driving tests to be going in the wrong direction around a round- expedited, as in many cases it is required for their about outside Cashel, which only opened late last work. This is a deplorable situation. I commend year, because the signage is so confusing. Signs the people involved in driving test centres for are supposed to help motorists not confuse them their courtesy at all times. The waiting time for and lead them into potentially life threatening driving tests must be improved. driving errors yet this is what often happens. It Many people are put off sitting their driving is incumbent on the Department of Transport to test sooner rather than later because they have ensure road signage is plentiful, helpful and clear. heard stories of friends and acquaintances who Signage has not improved, particularly on smaller failed the test for simple reasons. A learner driver country roads. In fact, it has disimproved in should only fail a test if he or she is deemed unfit recent years. This matter must be addressed to drive. The aim of the tester should not be to urgently by whoever is responsible, local auth- catch the learner driver out on a technicality. orities or the Department of Transport. There is a clear need to ensure that all testers are It is obvious the Government will not tackle in trained to an appropriate standard and to a hurry the deplorable state of our roads. There- implement common testing standards across the fore, it is critical that the drivers on our roads country. Ongoing supervision and quality control have sufficient skills to handle what generally of driving testing is essential. amounts to bad driving conditions. As driver The number of cars on our roads and the tech- error is the main cause of most accidents we must nical nature of our testing system often necessi- move urgently to upskill our drivers. Young tate driving lessons from a qualified instructor. people in particular must be targeted in this con- Lessons are normally sought when the long wait text. We are all aware of the sense of jubilation for a driving test is finally coming to an end rather with which young people drive cars. They are than before an individual starts driving on the convinced they will be able to brake if necessary roads, which would be far more logical. The cost and they enjoy the thrills of travelling at high of driving lessons may contribute to this. Many speeds. Tragically, reckless behaviour often has young people struggle to afford steep insurance grave consequences. premiums and only fork out money for expensive The majority of people now choose to drive driving lessons from a professional instructor and it makes sense for aspects of driving to be when they really need to. This should not be the addressed in second level schools. Driving theory case. Driving lessons should be affordable, partic- and an adequate understanding of the cause of ularly for those driving for the first time. They road accidents, and the consequences of speed- should be the first resort of the learner driver ing, drink driving and so forth should be included rather than the last. The Department of Trans- in second level education. Respect for vehicles, port should examine seriously the possibility of cars, motorbikes, trucks or tractors, is a lesson introducing more affordable driving instruction 1165 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1166 for younger drivers. The possibility of incorporat- roundabout properly. In addition, many of the ing a requirement to take one or two affordable makings on roundabouts are very confusing. driving lessons into the conditions for receiving When the Minister of State is in Cork, he might one’s first provisional licence is worth con- encounter some roundabouts which are such that sidering. one does not know where one is. Some are Our speeding laws are almost laughable. As a extremely dangerous. Road makings need to be regular traveller from County Tipperary to very clear in this regard. Dublin, I note that I am frequently overtaken by Colleagues have spoken about road signs and cars travelling well in excess of the speed limit. the need to ensure they are adequate and located Many fail to slow down when passing through vil- such that motorists are adequately warned that lages and towns. I often wonder how anybody liv- there is a turn-off ahead. Often one finds a sign ing along routes such as that between Dublin and on or beyond a turn-off, which is crazy. Cork manages to cross the road. Let me address another matter concerning There are other anomalies to be considered. As road safety and driving standards. It is very hard I travelled to the Munster hurling final in Cork to drive along a country road if hedgerows are last Sunday, I was amazed by the number of almost meeting at its centre. On the last occasion motorists pulled over by gardaı´. Motorists actu- we spoke on a related Bill I asked the Minister ally believe the road into Cork is a motorway. of State to consider this matter, particularly in the There is a dual carriageway with a wide strip in light of the growth rate of hedgerows at this time the middle and motorists are certainly confused. of year. Pedestrians are forced to walk in the I know of one who was pulled over and told by a middle of the road. Cars are also forced to drive garda while travelling to the match on Sunday in the middle. I know issues arise regarding wild- that the road was causing considerable confusion. life, for example, but it is most important that Motorists do not know the correct speed limit and hedgerows are cut to ensure roads are visible, are driving according to a higher one. especially around towns and because we are The issue of speed limits needs to be addressed. encouraging people to walk and cycle. Changes should be marked clearly. The next time I know many parents who will not let their chil- the Minister of State is travelling to Cork, he dren out on the roads in the countryside because should look—— they are too narrow and the hedgerows are growing out to the middle. Children are not allowed to Mr. Callely: I hope I will very soon. cycle — rightly so — because it is too dangerous. Walkers also have major problems, especially Mr. Hayes: I also hope the Minister of State around towns. The Minister of State should con- will and will enjoy his visit. If he does, he will sider providing for one-way systems near towns readily understand what I am talking about. It whereby some roads could be designated for presents a clear difficulty. cyclists and walkers in consultation with the relevant local authorities. Perhaps he will talk to Mr. Callely: I offer my sympathies to Deputy representatives from local authorities and consult Hayes and his county on what David and the boys local people to determine whether this would be did to them last Sunday. possible but it should be considered. We can talk all we like about driving standards Mr. Hayes: They were better on the day. and testing but if the roads are unsafe for various I ask the Minister of State to take into account reasons, the best driver in the world can have an what I have said, particularly in respect of tran- accident. If he or she goes around a corner and sition year programmes and the training of driv- meets a pedestrian or an oncoming car at a point ers. My proposals should be implemented over a on the road where the briars are growing out to period. I welcome the legislation and was glad of the middle, he or she has nowhere to go. the opportunity to say a few words on it. I have two young men at home who are starting to drive. Therefore, I have a vested interest in this Mr. Stanton: I am pleased to make a contri- matter. One is almost 20 years of age and the bution on the Bill and that the Minister of State other is just over 17. Even the smallest of cars with responsibility for driving standards is nowadays are high-powered and can travel at present. It is probably one of the most important high speeds. When I drive with my lads, I repeat- subjects we can discuss in the House. It is a edly tell them to slow down and take it easy. I am matter of life and death and absolutely essential thankful they are beginning to listen. Unfortu- that we all work together to ensure regulations nately, however, many young people do not listen are in place to considerably improve the standard and drive far too fast. of driving. I am very concerned about the fad among The standard of driving in Ireland is appalling. young people of buying older cars and spending People from other countries have said this to me considerable time and money souping them up. If and are flabbergasted at how bad it is. Very often one drives around, especially in my area which is young people are blamed — we are familiar with to be found not too far from that of the Acting the statistics in this regard — but none of us is Chairman, Deputy Sherlock, one will find dough- innocent of driving to a poor standard. For nut shaped marks on the road. People seem to be instance, many do not know how to negotiate a driving at high speed and, on approaching cross- 1167 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1168

[Mr. Stanton.] will promote development and improvement of roads, pulling the handbrake such that the car driving standards and, with regard to this, it may spins and the tyres produce black rings on the make such recommendations to the Minister as it road in the shape of doughnuts. I do not know if considers appropriate. the Minister of State who is very experienced and We should seriously consider the introduction knowledgeable on most matters has ever seen of advanced driving courses, which are crucially them. It is very scary to see drivers engaging in important. I spoke on this matter previously as a this practice. result of speaking to an experienced professional Certain drivers are attaching a device to the driver. He believed he was a good driver until he exhaust pipes of their cars to increase the noise did an advanced driving course and discovered levels. It is quite intimidating to hear such a car that he was not half as good as he thought. When approaching, especially on a narrow road. The professional people from the UK sat with him Minster and the Garda should investigate these and taught him how to drive according to noise emitters. They should be removed and not advanced standards he discovered his mistakes allowed to be used. They have no purpose, and the ways in which he could improve his driv- especially on a souped up car. The noise of cars ing. He was a professional driver and on the road should be kept below a certain level for every- every day but he welcomed the opportunity to do body’s sake. the course. Perhaps the Minister should enter into It is not right that engines are placed in small discussions with insurance companies so that any- cars which are more powerful than the original body who does such a course gets some form of engines. I believe this is illegal, although I stand a reduction. to be corrected. The traffic corps should start examining the engines of suspect cars to deter- Mr. Callely: I am speaking to the insurance mine whether they have been souped up or companies. changed or whether they are much more powerful than they should be. The purpose of the Bill Mr. Stanton: I welcome that news and urge the is to provide for the establishment of the driver Minister to use his influence, authority and posi- testing and standards authority, which will have tion to get something done. He only has another primary responsibility for the delivery of the year and a half before being turfed out of office. driver testing service. Other functions will include the testing and control of driving instructors and Mr. Callely: I hope I am doing such a good job vehicles. It is important that instructors are prop- that Members will want me to remain. erly trained and registered. They should be taught how to teach people to drive. As a former (Interruptions). teacher, I recognise that teaching is a craft. Some of the current teachers are extremely good and Mr. Stanton: There is interference from Radio others are not. Therefore I welcome the measure. Luxembourg behind me. It is rare for people to The Bill also covers outsourcing, the establish- be taught how to drive at night, on ice or in bad ment of subsidiaries and participation in compan- conditions, which is when most accidents occur. ies, as well as the making of a service agreement Driving instruction must incorporate driving at between the authority and the Minister, which night and in the rain. At this time of the year, will set out the functions and tasks to be carried when days are long, young drivers in particular out and performance targets. The Bill places a think everything is fine. However, it is a com- duty on the authority to promote, develop and pletely different situation in the winter, especially improve driving standards and to conduct its busi- when the hour changes and dusk sets in earlier. ness at all times in a cost effective and efficient It takes time to get used to that. manner, which is to be expected. The authority The Minister of State was a very good driver will receive policy direction from the Minister for when he had to drive himself. Transport and produce an annual report. This is all fairly standard. Mr. Callely: Thank you very much. I welcome this Bill and the establishment of the authority, which will have some control over the Mr. Stanton: He will probably need instruction driver testing system. It will also be charged with when he is no longer in office. the development and improvement of driving standards, including the issuing of driving Mr. Callely: Do not tell the gardaı´. licences, testing of vehicles and regulation of driving instructors. Mr. Stanton: The Bill has been criticised by Unfortunately, except for sections 4 and 6, the consultants Farrell Grant Sparks for its limited Bill makes little provision for how all of this will functional remit in its report to the Department. be achieved. Everything else appears to be stan- The report called for centralised responsibility for dard. Sections 4 and 6 are the meat of the Bill and all aspects of road safety, including vehicle and deal with the issuing of driving licences, vehicle driver testing enforcement and road planning, testing, regulation of driving instructors and the within a road safety authority. This wider remit regulation of mechanically propelled vehicles. would offer a more focussed approach to limiting The Bill is vague on what it will do. The authority the causes of road accidents. 1169 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1170

I hope action will be taken to reduce long wait- addressed this serious issue. There were a number ing lists. Currently, more than 100,000 provisional of road accidents in my part of country recently, licence holders are waiting to sit the test. The and it has been suggested that the driver fell average waiting time is ten months and in some asleep at the wheel, crashed the car and was parts of the country it is 14 months. The waiting killed. The Minister of State should raise aware- time in Ireland is far longer than in other Euro- ness by way of television advertisements that tell pean countries. The average waiting time in people that if they feel drowsy while driving, they Northern Ireland is four weeks. A longer waiting should not slap themselves to stay awake, turn on time means a larger proportion of provisional the radio or open the window. Rather they should licence holders on the road and high insurance pull over and put their head down, whether it is premiums for these drivers. With a pass rate of day or night. It can be very hard to stay awake in approximately 50%, many young drivers are the early hours of the morning and the Minister unfairly penalised for holding provisional licences of State should take this on board as a matter when they may be competent drivers. This matter of urgency. must be dealt with and we should have shorter In many European countries not only does an waiting times. A provisional licence holder should individual have to pass a theory and written test, not drive on the roads unless accompanied by a there is also a compulsory requirement to attend fully licensed driver. This is not happening in theory classes beforehand and undertake practi- practice as shown by the figures. Waiting times cal driving lessons with a qualified and registered should be shorter and provisional licence holders instructor before a candidate can attempt a prac- should be accompanied at all times by a fully tical driving test. That should be built into this licensed driver. legislation; that a person would take, for example, Once their test is completed, people consider ten lessons. Until a candidate passes a practical themselves fully-fledged qualified drivers and driving test it should not be legal for him or her think they can put the boot down. The Minister to drive a car, except in the company of a proof State should consider the possibility of a plate fessional driving instructor. The Government, in with a “P” indicating probation driver being the national road safety strategy for 2004 to 2006, placed on a car for a period of six months after set a target of reducing road fatalities to less than the test. This would show that the driver has just 300 per annum. In 2004, 325 people lost their lives completed the test and can drive on his or her on the roads. own. However, the newly qualified driver would In addition to tackling speeding and drink driv- know that if he or she went over the speed limit ing, an effective means of reducing the number of he or she would get increased penalty points and fatalities on Irish roads is to engender a respon- this would keep him or her in line somewhat. It sible attitude to driving in drivers from the begin- is important because newly-qualified drivers are ning, by making a certain number of professional inclined to put the boot down. driving lessons mandatory before learner drivers There is a need to incorporate driving instruc- are allowed to drive on the open road, even if tion in secondary schools, particularly transition accompanied by a licensed driver. Once these year. Some people have mentioned having an lessons have been successfully completed, learner area of land close to the school, such as a non- drivers should be encouraged to apply for a driv- public road, for use in training young people to ing test immediately. This would help to cut down handle cars. This is important in terms of con- on the number of provisional licenceholders on trolling standards. Theory and road safety should the road. form a module in transition year, which is the It has also been suggested that the size and time to do it. Most schools have a transition year power of cars driven by younger drivers should programme. I am slow to suggest that schools can be controlled. Furthermore, perhaps the speed at solve every one of society’s problems and that we which such cars can travel should also be con- should overload them. However, this would be a trolled, so that they can only travel at a certain welcome measure. speed. It is possible to do this, I understand, by Along with the issue of driving standards is the inserting a regulator into the engine of the car to matter of driving under the influence of drugs. control speed. Perhaps the Minister of State could let us know Unfortunately, figures from the National of the type of tests that indicate whether a person Roads Authority and the National Safety Council has taken a banned substance, such as cannabis show that driver error was the cause of 81% of or ecstasy, and is now behind the wheel. How is all crashes — both fatal and those resulting in that currently tested and is it effective? What injury — from 1997 to 2002. Male drivers aged statistics exist? I ask for the Minister of State to between 18 and 24 represent the largest group of take this issue seriously and am very interested in those drivers involved in crashes, at 24%. There his response. Otherwise he can communicate the are no figures, I understand — unless the Mini- information to me privately in writing. ster of State has them — to indicate how many The Minister of State is a very good man when of these drivers were provisional licenceholders. it comes to raising public awareness for all types However, the NRA notes that, statistically, those of issue. Perhaps he will do so with regard to the aged between 17 and 24 are 7.7 times more likely issue of drivers getting tired behind the wheel and to be involved in a fatal or serious injury collision. falling asleep late at night. Other countries have Given the age range, we should assume that a 1171 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1172

[Mr. Stanton.] or she should be told straight out that such behav- reasonable proportion of these drivers are pro- iour is wrong, whether that person is a former visional licenceholders or are, at least, less experi- Minister, a family friend or a neighbour. Drink enced drivers. driving is anti-social behaviour and it is not In Ireland, for every mile driven, a 17 year old acceptable. Gross irresponsibility should never be male is seven times more likely to be involved in an option. People who have been involved in an accident than a middle aged man. Research drink driving, who have caused major destruction carried out in the United Kingdom suggests that on our roads, should be very careful. an 18 year old driver is three times as likely to be This is also not a case of kicking someone when involved in an accident as a 48 year old. This he or she is down. It is about telling a person trend is reflected in the road casualty statistics of straight out that he or she was wrong, out of order the National Highway Traffic Safety Admin- and should grow up and accept responsibility. We istration in the United States of America, which all have a duty, as legislators, to lead by example shows that the younger the age limit for driving, and sitting on the fence on such a major public the higher the proportion of casualties in the rel- safety issue is simply not an option. This is not a evant age bracket. A larger proportion of those case of taking the high moral ground. It is about aged 17 are hurt or killed than those aged 18 trying to do the right thing across all sectors of years. society. It is a challenge for us all. Our citizens As I said earlier, the National Safety Council are demanding leadership and a change of hearts notes that the primary cause of death in single and minds. This debate must be part of that pro- vehicle accidents is speeding. Younger males are cess on the question of road safety. more likely to take risks when driving than older, With regard to the detail of the legislation, we more experienced men. I spoke earlier about the see that the purpose of the Bill is to provide for need for practical instruction through pro- the establishment of the Driver Testing and Stan- fessional and fully qualified driving instructors to dards Authority, whose primary responsibility deal with that issue. The fact that anyone can will be the delivery of the driver testing service. offer driving lessons is ludicrous and is an area Other functions relating to the testing and control that needs urgent attention. of drivers, driving instructors and vehicles will be It is not only young drivers who drive danger- transferred to the authority. ously. Older drivers also drive dangerously and I Recently we saw an horrific crash in County urge the Minister to introduce advanced driving Meath and I express my sympathy to all the courses to address that problem. It must be families involved. We need to be very conscious remembered that while we talk about road of safety and, in particular, safety on buses. All deaths, there are also road injuries, in some cases school buses should be inspected in a professional horrific in nature. There are young, chronically ill and objective manner and should be driven by people in hospitals and nursing homes whose competent and professional drivers. Some school lives have been ruined. Families are tragically buses provide examples of good practice regard- affected by a member being injured, possibly ing seat belts and other issues. I would also badly, for life. This is something that we must not encourage the Minister of State to look at the forget — the number of people who are injured. idea that when a school bus stops, all traffic Perhaps the Minister of State would consider around it also stops to allow children to alight in making known how many people are badly a safe manner. This practice is already in oper- injured each year on the roads and not just the ation in the United States and would save lives number of people killed. I wish the Minister of here. State well with this legislation, which is very A number of Deputies have mentioned learner important. drivers. Learner drivers get a bad press. The vast majority that I know — and it has been my Mr. F. McGrath: I welcome the opportunity to experience over the past 20 years — are very speak on the Driver Testing and Standards Auth- careful drivers. Because they are only starting to ority Bill 2004. This is important legislation as drive, they are very safety conscious. In fact, there is a major public safety aspect to it and we many learner drivers are more safety conscious have seen many deaths, injuries and horrific acci- than some of the so-called qualified drivers. It is dents on our roads recently. We all have to be unfair to give learner drivers a bad press because vigilant and responsible when driving. Those in the vast majority of them — I would say more high office must obey the laws of the land on than 90% — never had any accidents. drinking and, particularly, driving when over the On the matter of school buses, a constituent of limit for alcohol. It is simply not acceptable for a mine advised me recently that school buses are former Minister to be involved in a drink-driving dangerous and that not enough inspections are car- case, involving driving down the wrong side of a ried out on them. I ask the Minister of State if motorway. It is not acceptable nor is it under- this is correct. Regarding Bus E´ ireann, is there a standable and the sympathy expressed in some competent examination of all buses, including their quarters amazes me. tyres, engines, brakes and fire safety facilities? Is This is not a personal attack on anyone. It is there a system in place that will allow us to have about straight talking. If someone is out of order, maximum confidence regarding road safety and involved in anti-social behaviour while drunk, he road worthiness? Another constituent of mine has 1173 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1174 told me that mechanics are sometimes afraid to posal of the G8 group of nations to sign off on safety issues for buses and that senior restrict such cancellation to a list of 18 managers often intervene to provide the sign-off. countries; and Is this correct? I do not know, but it is a serious — that such debt cancellation should not issue that needs to be raised. be accompanied by damaging con- The role of education in road safety and driving ditions which would erode the benefits is important. Education can assist everybody in of cancellation; pursuing road safety in a competent and professional way. Indeed, many of our primary — that such cancellation should be funded schools do an excellent job in this regard. Road out of additional moneys, supporting safety is already part of the school curriculum and the views of non-governmental organis- many primary school children visit the traffic ations that International Monetary schools, do courses and watch videos on the sub- Fund gold reserves be sold to help fin- ject. I commend the primary school teachers for ance debt cancellation; and their excellent work in this area. — that developed nations move away from Given that the Minister of State is in the operating as both judge and plaintiff in House, I would also like to raise the issue of road relation to heavily indebted poor safety as it relates to the Dublin Port Tunnel. countries; There are issues in this regard about which we must be vigilant, particularly tunnels, fire safety — recognises that debt cancellation is only and the collapse of roofs. We have seen damage part of what is needed to assist heavily done to over 205 homes recently. We have also indebted poor countries and that tar- heard complaints about the roofs and sections of geted and untied aid must continue to the port tunnel. There are safety concerns regard- be given and significantly increased; ing the tunnel. I raise these issues because they — resolves to agree a new target date in are relevant to the debate tonight. view of the Government’s acknowledgement that it will not meet its com- Mr. Callely: I invited Deputy McGrath to come mitment to reach 0.7 % of GNP to be and visit the tunnel. devoted to overseas development aid by 2007; Mr. F. McGrath: I received the Minister of State’s invitation, for which I thank him. I went — calls on the Taoiseach to reaffirm to the tunnel last week and had a quick look, but Ireland’s commitment to this target at I will take the Minister of State up on his offer. the forthcoming UN Millennium I raise the question of road safety, school buses Summit; and the use of safety belts. — further recognises the importance of fair trade in bringing about inter- Debate adjourned. national social justice; — demands re-examination of subsidies Private Members’ Business. given to producers in the developed world and the effect of such subsidies ———— on their counterparts in less developed nations; G8 Summit and Overseas Development Aid: — calls on the Government to support a Motion (Resumed). reappraisal of the European Union’s The following motion was moved by Deputy economic partnership agreements with Boyle on Tuesday, 28 June 2005: African, Caribbean and Pacific, ACP, countries in light of serious concerns —ThatDa´il E´ ireann, given the meeting of that they would inhibit rather than pro- the leaders of the G8 countries being mote the economic development of held in Edinburgh, Scotland and given those countries; subsequent meetings being held for the UN Millennium Summit in New York — acknowledges the need to restrict the and meetings of the International Mon- international trade in arms in order to etary Fund and the World Bank in assist conflict resolution and prevent September 2005 and the World Trade the terrible cost in human lives and Organisation ministerial conference in attendant economic costs of such trade; December 2005, calls on the Govern- — calls on the Government to strongly ment through its own policies to assist in support the initiative being taken by the making poverty history and to this end: Government of Finland to bring about an arms trade treaty through the frame- — reaffirms Ireland’s policy of supporting work of the United Nations; and 100% debt cancellation for heavily indebted poor countries, going beyond — resolves that the Government, in the the inadequate, though welcome, pro- upcoming renegotiation of the Kyoto 1175 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1176

agreement, support a fair distribution of — notes that the Government is strongly carbon allocation on a per capita basis committed to achieving the UN target in view of the increasing convergence of 0.7% for expenditure on ODA and between the issues of environmental that it will take a decision on this in degradation and world poverty, as evi- advance of the UN Millennium Summit denced by the fact that the costs of in September 2005; climate change are being dispro- — acknowledges the need for inter- portionately borne by the world’s poor- national agreements to control the est people. international trade in arms in order to Debate resumed on amendment No. 1: assist conflict resolution and prevent the terrible costs in human lives and To delete all words after “heavily indebted attendant economic costs of such trade; poor countries” in the second paragraph and substitute the following: — calls on the Government to strongly support efforts to bring about an inter- “— welcomes the proposal of the G8 coun- national arms trade treaty; tries to finance 100% cancellation of multilateral debt owed by 18 of the — acknowledges that the Government is world’s poorest countries; committed to a strong rules-based WTO and multilateral trading system as — expresses the strong hope that the G8 being the best way to help developing agreement will be funded out of countries to integrate into the global additional moneys and not through trading system and is working towards diversion of existing funding; a successful outcome to the Doha — calls on the Government to continue development agenda negotiations and Ireland’s long-standing commitment to the sixth ministerial conference of the debt cancellation and urges it to support WTO in December 2005; further initiatives to this end; — confirms that as the negotiations on the — recognises that debt cancellation is only economic partnership agreements move part of what is needed to assist heavily into a more critical phase, it will be indebted poor countries and that tar- important to have close monitoring and geted and untied aid must continue to dialogue between the EU Commission be given and significantly increased; and the Council to ensure that the development focus of EPAs remains a — welcomes the very substantial increases primary concern; and in Ireland’s aid programme, which has grown from \96 million in 1994 to \545 — recognising the increasing convergence million in 2005, which is channelled to between issues of environmental degra- some of the world’s poorest countries dation and world poverty, and in view and which has made Ireland the world’s of the fact that the adverse impacts of ninth largest aid donor on a per capita climate change are and will be dispro- basis; portionately borne by the world’s poorest people, supports the Government in — welcomes the fact that the Government the upcoming negotiations on global has already committed to expenditure action to tackle climate change after of \1.8 billion on official development 2012 in seeking a fair, equitable and assistance over the years 2005-07; inclusive agreement that will reduce the — notes that Ireland, almost uniquely vulnerability of developing countries among donors, gives all of its aid untied; through reducing global emissions of greenhouse gases and through assisting — notes that the recent report by Action developing countries to access the Aid entitled “Real Aid: An Agenda for resources and expertise required to Making Aid Work” found that Ireland adapt to the adverse effects of climate has one of the highest quality aid prog- change.” rammes among western donors; —(Minister for Foreign Affairs). — notes that at the European Council of Ms O’Donnell: I wish to share time with 16 and 17 June 2005 the Heads of State Deputy Carey. and Government, including Ireland, I welcome the opportunity to contribute to this agreed that the EU member states timely debate. I note the Minister’s lengthy, com- which have not yet reached a level of prehensive and informative contribution to the 0.51% of GNP should reach that level House last night in which he addressed the by 2010; that they should achieve the motion and dealt with all of the cross›cutting 0.7% target by 2015, and that the ten issues which affect the global poor. I fully recog- new member states were set lower nise the comprehensive nature of the motion targets; tabled by the Green Party dealing as it does with 1177 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1178 issues of aid, arms, trade and the environment, all the work was done and the decision was copper- topics to be addressed at the G8 summit. fastened by a Cabinet decision and announced to However in the time available to me I want to the international community. It was planned; we focus on Ireland’s overseas development aid took the decision in our senses and meant it at programme in the context of our foreign policy. the time. Like it or not — this may be uncomfortable for There is agreement to be found in the motion, those on the Government side — Ireland’s aid as amended, which is to be welcomed. The budget is the dominant issue for public discussion motion calls on the Government to set a new tar- and has been for some time since it became clear get date and an important concession has been that the Government had allowed the target date made in the amended motion. The Government of 2007 to slip. As a former Minister of State with has agreed that a new target will be set before responsibility for this area of policy for five years the Taoiseach attends the Millennium Summit in and as the person who brought the proposal to New York in September. While this is a welcome Cabinet that Ireland should reach the UN target development, there is a question as to what the of 0.7% by 2007 and stood with the Taoiseach in timeframe will be. New York as he announced it to the international The abandonment of the target date of 2007 community, I feel a particular responsibility and has understandably met with genuine criticism. personal disappointment that, for reasons which Whatever appraisal is made of Ireland’s perform- have never been properly explained to the ance in the provision of ODA, it should be fair House, this policy decision has been reversed. as the truth is important in these matters. It is fair Certainty was removed while our intentions were to say, however, the Government has moved left open-ended. Worse still, in some quarters away from meeting the UN target by 2007. That there has been a slow unravelling of the principle is a fair and true statement but regrettable. of reaching the UN target. This doubt will persist However, I will not attempt to justify it, as others among citizens and in the House until a new date have done. I regard it as indefensible as a political is set by the Government. decision and the Government has been rightly The policy decision that Ireland should reach criticised, including by Members on this side of the UN target by 2007 was no ordinary policy the House and members of the Joint Committee initiative made on the hoof or spun by way of a on Foreign Affairs. However, it is also fair to say press release. There were extensive pre-Cabinet Ireland’s aid programme has increased by \387 decision negotiations, arguments and prep- million, from \158 million in 1997 to \545 million arations over a protracted period. The decision today. It is also true that Ireland remains a leader was in accordance with the then programme for among nations of the world in terms of the size Government of the two parties. Moreover and of its per capita contribution to overseas develop- more importantly, it enjoyed the support of all ment aid. parties in the House, the social partners, the Ireland’s aid figures are certainly respectable churches, the trade unions and the business and above the EU average and greater as a per- community. centage of GNP than those of any of the G8 Following the Cabinet decision, there was an countries, as the Minister outlined to the House extensive year long review involving stake- last night. Our focus on the least developed coun- holders, representatives of international organis- tries is commendable, as is our position on debt ations, the Secretaries General of three Depart- cancellation. The fact that all of Ireland’s aid is ments and other eminent persons to put in place untied is to our credit. This does not take away, a comprehensive blueprint to underpin the however, from the political reality that a solemn expansion of the programme. It was approved by commitment made by Ireland to the international the Cabinet. The issues examined included the community and the poor of the world has been geographical spread of the programme, capacity reneged upon. The Taoiseach has stated we are issues, staffing and resource issues, the mix of not alone in this decision. The aid sector is lit- activities in our programme of renown, a review tered with broken promises. Many promises and of our model of aid and a limited range of new undertakings have been dishonoured by others. It policy matters, specifically a focus on HIV and should be remembered that the UN target was AIDS in Africa. set over 30 years ago and remains unreached by We decided to deepen our engagement with all but six countries. Ireland took the conscious Africa, increase the capacity of missionaries and decision to buck that trend as our way of marking NGOs which depend on our resources for their the millennium. It was to be a testament to our excellent work and carefully expand into other humanitarian and civilised values as a nation. We poor African countries on a gradual basis. East cannot now seek cover by hiding with other Timor was chosen as a new priority country. We defaulters. also looked at developing a programme in Viet- The sad political reality is that aid budgets in nam, Laos and Cambodia. every country are the most vulnerable to attack This was all laid out in the review of the aid and plunder to meet competing domestic programme mentioned. I say this not to be demands. That is precisely the reason I, when unhelpful but to make the point to colleagues that Minister of State, argued for and achieved a those who say the decision was unplanned or, in multi-annual financial package and an agreed some way, premature are wide of the mark. All schedule of incremental allocations to bring us to 1179 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1180

[Ms O’Donnell.] Mr. Carey: I am pleased to speak on this the year 2007, thus liberating the programme motion. I compliment the members of the Green from the annual Estimates wrangle, in which the Party on tabling it. As I said to Deputy Eamon aid budget is pitched against other domestic Ryan earlier, it is very much an omnibus motion priorities. Notwithstanding the agreed prog- but it gives us the opportunity to focus on key ramme, slippage was allowed to happen and our issues. Like Deputy O’Donnell, I too am a aid programme is again enmeshed and competing member of the Foreign Affairs committee and I with legitimate domestic funding priorities. too was one of those people who agreed, on a I welcome the fact that guaranteed increases cross-party basis, to support our commitment to have been agreed for a three period, amounting reach the 0.7% target by 2007. I am disappointed to a total accumulated budget of \1.8 billion. and take no pride in having to stand up here and However, these must be seen as minimum say we have not achieved it. I am not critical of increases and additional funds will have to be the Minister of State with responsibility for over- allocated if a credible advance towards the UN seas development, Deputy Connor Lenihan, who target is to be achieved by a newly set date. is doing a fine job, or of the Minister for Foreign As I said on a previous occasion in the House, Affairs. It was a solemn commitment entered into the global poor do not march on parliaments; for very good reasons. We should, in so far as they are out of sight and out of mind. At times we possibly can, honour that commitment at the the squalor and hopelessness of their lives render earliest possible date. I am well aware of what them and their plight forgettable and difficult to commitments have been entered into at EU level consider. Thankfully, a new alliance is growing but we can do better than that. I recognise that among our citizens, young and old, based on we are being lectured by the great and the good activism and idealism, as will be evident tomor- but we take our responsibilities seriously. row. I welcome this as a solid contribution to I have been in various locations with Members Government policy from civil society. of this House. I was at the UNCTAD Conference in Sao Paulo — information on which I found Jeffrey Sachs said recently: among my papers this afternoon — with the Mini- We cannot simply close our eyes and hope ster of State, Deputy Kitt, the Minister, Deputy that Africa’s problems will resolve themselves, Dermot Ahern, and others around this time last because they will grow steadily worse if we con- year where the issues of trade and development tinue to ignore them. That is not good for any- were addressed. I listened to people like Pres- body, neither for Africans, nor for rich coun- ident Museveni of Uganda talk about his vision tries. Right now, Africa has 900 million people, for Uganda and Africa. I did not agree with most of them impoverished, but in one gener- everything he said but he set out his stall in a ation, that number will exceed 1.5 billion coherent and strong manner. people struggling against disease, instability, I have seen the work Development Co-Oper- hunger, and violence. So the problem will not ation Ireland has done in Uganda, the work done go away on its own. We must help solve it. on HIV-AIDS projects, the co-operation among Trinity College, St. James’s Hospital and projects Kofi Annan said in Dublin recently that coming in Kampala and work on the malaria projects. I to the aid of the global poor was not just about recognise the success of these projects in reducing charity but about enlightened self›interest. We child mortality. I saw projects on education, HIV- ignore the global poor at our peril, in a world that AIDS and health. I recall it being an emotional is increasingly inter-dependent. occasion when I saw hundreds of children walk My central point concerns the integrity of sol- down a mountainside in the Tigre area of Ethi- emn commitments. Ireland gave a solemn com- opia last September on their way to school to sit, mitment. We made that promise in our full senses in the case of one school, in a class of 102 students to the international community. Making that but they would not have been going to school commitment meant first winning that argument were it not for the support of Irish taxpayers, within Cabinet and this House and with the social Development Co-operation Ireland and this partners and the NGOs. That is the central prin- Government. The fact that we have been able to ciple that underpins the commitment. contribute towards the training of their teachers In the debate on this issue Members on all and the development of their curriculum has sides of the House must be resolute. We cannot made a great difference in Ethiopia. reopen the argument on the principle of solidarity During the course of my visit there I met a dis- with poor countries and in meeting the commit- parate and disjointed group of opposition poli- ment to reach the 0.7% target. We cannot begin ticians who were reluctant to meet us because to unstitch that. It was the right thing to do when there were afraid. However, I was pleased to see the commitment was made and it is the right how well the opposition did in the recent elec- thing to do now. tions in Ethiopia. I am concerned about the fall- I look forward to the announcement shortly by out, the oppression and the killing that has taken the Government of the new target. It is a critical place. I have made the point to the Ethiopian point on which our partners in Africa, and in authorities that our support of Ethiopia is not particular, our own people will judge our credi- unconditional, but our support involves support bility and integrity. for good governance. One point we made clear to 1181 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1182

President Museveni last year was that we support being decided. It seems that the European Union the emergence of a strong opposition as well as a is saying that its hands are tied by World Trade strong government party there. Developing coun- Organisation rules and this is the case. The World tries must realise that there is a price to pay for Trade Organisation requires that free trade agreeing to be supported by countries like agreements must have reciprocity. In other Ireland. They must have a vibrant, critical oppo- words, these countries must open their markets sition and a critical media. in the same way as we open our markets, and the Lome´ agreements are in breach of the require- Mr. Allen: Some people from that country are ment of reciprocity. The waiver that the African, present in the Visitors’ Gallery. Caribbean and Pacific countries are currently enjoying will lapse at the end of 2007. My pro- Mr. Carey: I am delighted they are here. In that posal is simply that the Irish Government should respect, I fully support the motion and the argue that free trade rules that apply to EPAs Government’s amendment to it. should be linked to the attainment of certain I want to slightly shift the focus of the debate. development indicators, in other words, that the I have a healthy scepticism of promises which stricter interpretation of reciprocity would not cannot be kept. The Taoiseach, in all sincerity, kick in until certain standards in regard to edu- meant to keep that promise on behalf of the Irish cation, health and social welfare are achieved. people. It is regrettable that circumstances have This would require a change to rules in regard dictated otherwise. I hope everybody here on an to the WHO or at the very least a ruling on an all-party basis, the NGO sector and civil society interpretation of existing rules. That would be a will be able to encourage the Government to be positive measure for the Irish Government to as courageous as it possibly can in fulfilling its take in the context that everybody shares the commitment to meet the 0.7% target at the earl- same view. iest possible date — I mean a good deal earlier than 2015. The second proposal arises from a debate on I want to focus on the issue of trade. We cannot alternative methods of funding the millennium have aid — we can but it will not work — without development goals apart from traditional aid. trade. I was interested to note that today the One of the proposals the Minister, Deputy Minister of State, Deputy Ahern, in speaking at Cowen, rejected recently, and rightly so, was in a function in Farmleigh mentioned that central to regard to an air tax because it would distort Ireland’s approach and that of our EU partners domestic economies. is a commitment to respond positively to the con- It is not my proposal, but the idea I would sup- cerns of developing countries. He said this is con- port is to tax the exports of armaments. One sidered to be an essential part of the Doha amazing statistic I saw recently was that since the development agenda and it is clear that there will Second World War 2% of wars have taken place be no successful conclusion of the negotiations in the developed world but 98% of armaments unless it is shown that developing countries are have come from there. That really says it all. being treated fairly. Some 20% of armaments are required for the Trade, aid and development is very much a defence of countries. Everything else carries a coherent package. Ireland has a good record. It is moral question mark with it and a global tax on a pity we are arguing among ourselves about how armament exports is something the Government the implementation of aspects of this policy are should fight for, as an alternative and as an to be furthered but I believe this will be resolved additional form of funding for the Millennium and we will be able to return to an agreed agenda Development Goals. on a way forward in supporting Africa, South America, Vietnam, East Timor and many others Minister of State at the Department of the who have benefited from our support and we Taoiseach (Mr. Kitt): I welcome this debate. I have benefited, in turn, from our involvement in thank the Green Party for allowing us to have the communities in those countries. debate. As the House is aware I have been Mini- ster of State with responsibility for ODA twice in Mr. Andrews: I have two proposals, the first of my career, in 1993-1994 and in 2002-2004. I am which concerns the economic partnership agree- especially pleased to be here in the company of ments. It has been widely acknowledged that another former Minister of State with responsi- there are serious dangers involved in arriving at bility in this area, Deputy O’Donnell and my col- these types of agreements. Through the Euro- league, the current Minister of State, Deputy pean Affairs committee we were about to raise Conor Lenihan, as well as Deputies in other par- this matter with the Minister of State, Deputy ties who have played a major role in this area Conor Lenihan. He raised it with the General over many years. Affairs and External Relations Council of the I am proud to have played a role in the trans- European Union to his credit. He explained that formation of a Government programme which is Members of this House were concerned about the the visible expression of our national solidarity manner in which those trade agreements are with the poorest people on earth. Our national 1183 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1184

[Mr. Kitt.] often quoted to us as models still tie significant ODA programme, Development Cooperation portions of their aid programmes. I have seen Ireland — the name was chosen when I was Mini- that in many countries I have visited, especially ster responsible — has always had a very high in Africa, over the years. Our aid is concentrated reputation for its quality and effectiveness. in the poorest countries. We have had a dis- Development Cooperation Ireland reflects pre- ciplined and focused approach to ODA. Our cisely what we are all about, acting in our role as programmes are mostly concentrated in sub partners to the countries that we are bilaterally Saharan Africa, and in regions of dire humani- involved with, especially in Africa. tarian emergency. We do not have a sprawling The massive increase in the programme’s fund- and unfocused programme where ODA is spread ing over the years 2000›05 has propelled Ireland thinly among many recipients. into the league of major donors. During my time Our aid programme is enormously innovative as the Minister of State responsible, one of my in terms of its policy and its delivery. When I was key objectives was to communicate to the public Minister of State in 2002-04, the OECD conduc- how the Government was transforming the prog- ted a peer review of our programme. The con- ramme, how much money was being spent and clusion was that we had one of the most innov- what the impact of this money was on our ative and effective programmes of any donor. The developing country partners. I am convinced that OECD sees us as an international leader in pro- unless we bring the people with us, we will lose moting new approaches and in delivering effec- the battle. I am also convinced that this debate tive aid. As we increase ODA up to the UN tar- will help greatly in shaping the Government’s get, I want this debate to focus more and more policy. I say that in a generous way to our Oppo- on the content of the programme and on its effec- sition colleagues. Ideally, it would be great to tiveness. The massive increase in aid volume have an agreement tonight. I do not believe that allows Ireland to stake out an international lead- is possible, but that is why this debate is so ing role in new and exciting areas of important. It is a pity we do not have more development. debates of this type. I will mention three that I strongly supported There has been an intense focus on develop- as the responsible Minister of State. It is not fully ment aid as an abstract statistical concept. We appreciated in this House that Ireland is one of talk in percentages of gross national income, the leading international donors in the area of GNI, and statistical targets. I want the debate to HIV/AIDS. Our aid programme recognised the focus more on both the volume of aid and inno- potential scale and impact of the AIDS epidemic vations in policy. In 2000 when the Government well before many other donors. Ireland was one set a timeframe for reaching the UN target our of the first donors to have a strong and coherent aid volume was \254 million. In 2005, ODA will strategic approach to fighting the disease. In part- reach \545 million. ODA has more than doubled icular, it strongly supported research into an in volume over the past five years. AIDS vaccine, one of the most innovative and In 2002, the UN and the World Bank called for exciting scientific research projects in the world a doubling of ODA by all donors to meet the today. Millennium Development Goals. We have We need to bring our national expertise in doubled aid in five years. No other donor in the information and communications technology to OECD area has increased aid volume at such a bear on our aid programme. The ICT industry rate. The Government will continue to give sub- has a strong record of developing new approaches stantial and sustained increases in ODA in the to dealing with problems. As our national aid three years 2005-07. Over this period our aid vol- programme expands, I would like to see it ume will increase by a further \190 million. develop a strong partnership with the ICT sector. The setting of a timeframe to meet the UN tar- Ireland’s ODA programme is now focusing get in 2007 has galvanised the system. In effect, more and more on the role of trade of the private the aid budget is now ringfenced and is guaran- sector in promoting the economic growth that is teed substantial annual increases in volume. I essential for long term development. I established acknowledge the role my colleague, Deputy the Private Sector Forum, a vehicle for encourag- O’Donnell, played in that initiative. That ODA ing dialogue between Development Cooperation enjoys a protected status in the budget reflects Ireland and the Irish private sector. I would like the Government’s commitment to meeting the to see Irish expertise in food technology, in phar- UN target. The Government has indicated it will maceuticals, in construction and other key areas set a new timeframe for meeting the UN target. of the economy brought into a partnership with This will ensure that aid volume will continue to our aid programme. increase in the coming years in a steady and sus- Development Cooperation Ireland, in partner- tained way until the target is met. ship with the Department of Enterprise, Trade There are unique elements to our national aid and Employment has also done a great deal of programme which underpin its effectiveness. For work in the area of trade and development. As a start we do not tie aid. Even donors that are one of the most globalised economies in the 1185 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1186 world, as an EU member state that strongly sup- more than an omnibus motion. It is a linked ports the CAP, and as a country deeply engaged motion with an integrated approach and one I in fighting poverty in sub Saharan Africa, Ireland fully support. is uniquely placed to talk about issues of trade, On behalf of the Labour Party, we are not sug- agriculture and development. gesting the Government has sat on its hands. We I have been involved in trade and development are suggesting that the Government has broken issues for many years. I participated in the talks its promise given before the United Nations and at WTO level at Seattle, Doha and Cancun and with appalling consequences. This debate is not worked closely with my other ministerial col- an occasion for self-congratulation but one of leagues. The debate about the CAP and Africa deep shame. I appreciate the presence in the has been too simplistic. For a start, all of the House of two previous Ministers of State with countries we work with in Africa are net food responsibility for development co-operation, importers. Under the EU’s Everything But Arms Deputies O’Donnell and Kitt, for whom I have Agreement, they already have guaranteed access, the greatest respect. The current Minister of duty and quota free, for their exports to the EU State, Deputy Conor Lenihan, also honours us market. The real issue for them is not the CAP. with his presence. It is how to build up their domestic productive The context in which discussion of the motion capacity to avail of the new market opportunities takes place is that of the world millennium on the EU market. So many times I have wit- development goals, eight targets adopted by the nessed this as I have travelled abroad in Africa United Nations General Assembly in 2000. The and other places. In Sierra Leone fishermen who goals can be summarised as follows: the reduction were trying to sell their products abroad, did not by half of those living in poverty and hunger by have the capacity and could not deal with all the 2015; the achievement of universal primary edu- regulations. It is so frustrating to see so much fine cation; the elimination of gender disparity in agricultural produce, as in Zambia and Malawi, primary and secondary education by 2005 and at for instance, which did not have the capacity to all levels by 2015; the reduction of child mortality deal with all the bureaucracy and sell and market among under fives by two thirds; the reduction of their products. There is so much work we can do the maternal mortality ratio by three quarters; the in those areas and working closely with trade halting of the spread of HIV-AIDS, tuberculosis, policies at EU level with agricultural Ministers, measles and malaria; the ending of environmental we can get into those areas in a more profound degradation and the achievement of a sustainable way. Any rational analysis will show that the total environment, a most welcome feature of this liberalisation of the world agricultural market will motion; and the creation of a fair global partner- not benefit the poor of Africa. It will benefit Bra- ship for development. The final millennium goal zil, Australia and the US where economies of is seldom discussed by the media simply because scale mean that food can be produced at costs far it imposes obligations on the richest countries and lower than in the EU or Africa. those who possess great power in the area of To listen to some Deputies one would think the trade. Government had sat on its hands for the past five En passant, I will make a few points on the years. I want the figure of \545 million in ODA contributions I have heard this evening. Anybody to be at the forefront of this debate. I want the who suggests the economic partnership agree- figure of \1.8 billion in ODA over the next three ments, EPAs, as negotiated, are fair or rules years to be foremost in the public mind. These based must not have read the text. I appreciate are ODA levels that were unimaginable just a few Deputy Andrews’s interest in EPAs, which are years ago. They are figures of which we should much worse than the World Trade Organisation. be proud. They have allowed us to create one of For example, they re-introduce the Singapore the most progressive and dynamic aid prog- issues, which were dropped between Doha and rammes in the world. the resumption of the talks next December. Put The real debate we should have is on how to simply, they are unequal bullying arrangements ensure that as the programme increases towards applied to African countries by Europe. \l billion, we will use it effectively to fight pov- Professor Jeffrey Sachs, a person to whom erty. I am convinced we will make progress on many speakers justifiably referred, has summar- this issue as we approach the Millennium Summit ised the impact of the eight millennium goals in the UN in September. This debate needs to were they to be achieved between 2005 and 2015. look at new ways of delivering aid, new partner- I will speak as plainly as I can on this issue. If the ships between the aid programme and dynamic goals were achieved, 500 million people would be parts of the private sector and new approaches to lifted out of extreme poverty, 300 million people fighting disease. would no longer suffer from hunger, 350 million fewer people would lack access to clean water, Mr. M. Higgins: I am pleased to be able to 650 million people would have greater access to speak on this very fine motion proposed by the sanitation, 30 million children who would other- Green Party, an Comhaontas Glas. It is much wise have died would be alive and the lives of 2 1187 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1188

[Mr. M. Higgins.] I am glad reference was made to militarisation. million women who would have died in childbirth In 2004, the United States budget for military would be saved. expenditure was $450 billion dollars, while its The achievement of the millennium develop- expenditure on the tied aid it provides, which ment goals constitutes the greatest moral chal- amounts to 0.15% of GDP, was $15 billion. The lenge of our time. Politically, it offers the best cost to date of the Iraq war is more than $180 possible basis for a secure and responsible world. billion. Socially and culturally, it vindicates the right of To return to Professor Sachs report, he states different societies to exist and flourish, tell their that “the increased development assistance for own stories, access their own memory and the Goals will only amount to one half of one imagine their own future. Economically, it makes per cent of rich countries’ combined income.” We possible the emergence of new and exciting mod- should recall that those affected have been made els of connection between the economy, society many promises previously, including the new and culture. Ecologically, the achievement of the international economic order of the late 1970s goals in the context of sustainable development which, I recall clearly, made an appeal to self- would constitute a contribution to the planet as a interest but was quickly cast aside as a single whole that would stand as a contrast to the deso- hegemonic neo-liberal model established itself in lation visited on our common inheritance by the developed world and became an imposed instrument by the international financial insti- irresponsible despoliation and abuse of resources tutions on the developing world. in what is sometimes incorrectly referred to as the Previous speakers referred to trust. It is developed world. important we do not break our word again. We The achievement of the millennium goals will gave a commitment to a world in which 2 billion require a new partnership between the developed people live in poverty, 30,000 children die every and developing world. It has implications for day, 500,000 mothers died last year during preg- trade, aid, debt relief, reform of the international nancy, 3 million children died from AIDS last financial institutions and politics at every level. year, 120 million children have no access to En passant, I will put another question to the primary education and 1 billion people have no Minister of State du jour, Deputy Conor Lenihan, access to sanitation, with all the medical con- and his predecessor, Deputy Kitt. If they want sequences of this. reform of the international financial institutions, We do not need to be reminded of these ter- will they agree that officials from Development rible and entirely avoidable statistics, or perhaps Co-operation Ireland will be nominated to serve we do at a time when our Government is break- in the advisory section of the International Mon- ing its promise to the poorest of the poor. A etary Fund and World Bank alongside officials UNICEF report in 1989 calculated that the from the Central Bank and Department of Fin- additional financial resources required to meet ance? It would be interesting to have a straight the most essential of human needs by the 2000 answer to this straight question. Equally, if we would be between $30 billion and $50 billion dol- were ever serious about achieving the target of lars per annum, approximately one twentieth of allocating 0.7% of GDP to development co-oper- military expenditure in that year. ation, why was the Cassidy report on manpower We were here before — in 1989 — when we requirements of DCI not implemented? looked forward to 2000. In that year, primary Before I deal with the sanctimonious notion health care could have been made available at a that it may not have been possible to spend all cost of around $5 per person, primary education the money envisaged under the 0.7% commit- or adult literacy could have been provided at cost ment, was it ever intended to spend it? Are staff of $25 per person and basic sanitation of piped changes and recruitment indicative of any water would have cost $6 per person per annum. serious intent? The opportunity of responding at the end of the As Professor Sachs puts it in his report to the 1980s, like the opportunity of creating a new UN Secretary General entitled, Investing in economic order at the end of the 1970s, was lost. Development: A Practical Plan to Achieve the Trust is, therefore, crucial as we face into the Millennium Development Goals: challenge we have accepted of achieving the world millennium development goals by 2015. Fortunately the costs of achieving the Goals The worst aspects of the Government’s failure are entirely affordable and well within the thus far to meet the commitments solemnly given promises of 0.7 per cent of GDP made at Mon- to the United Nations General Assembly in terrey and Johannesburg. The required doubl- September 2000 is the betrayal of trust involved ing of annual official development assistance to and the bad example it gives not only to fellow $135 billion in 2006, rising to $195 billion by members of the European Union but to the entire 2015, pales beside the wealth of high-income international community. We no longer compare countries — and the world’s military budget of ourselves to countries such as Norway which has $900 billion a year. raised its commitment to 1% of GDP. Instead, 1189 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1190 the Taoiseach this morning compared himself to The Government announced its commitment in President Bush. There is a moral message in this September 2000. It was a commitment that it development. repeated as late as the 58th General Assembly of Ireland was held up as an example to others the United Nations in 2003. It included the com- when the Taoiseach stated unequivocally that we mitment in its Government programme. It nego- would reach the UN target of 0.7% in 2007. Our tiated with the trade union movement on the commitment was particularly appreciated in con- basis of the commitment with the assumption that tinents such as Africa, which so desperately need the mid-term point would be 0.45%. The Govern- untied aid and genuine assistance with their task ment never reached that, and now its achieve- of development, and the votes of African coun- ment in 2005 is at most 0.41%, including the tries followed. Now, Ireland will be remembered additional \10 million being spent on tsunami as the country that became too rich to keep its relief. At the present rate it would not reach its promise to the poorest of the world. No other 0.7% commitment until 2028. logical construction can be put on the Taoiseach’s I wonder if the Government realises the sup- comments today other than that if Ireland had port here for honouring our commitments on aid, entered a recession, he would have been able to for being a leader in the case for fair trade, imple- keep his promise. Unfortunately, however, as a menting a meaningful cancellation of debt and result of Ireland becoming rich, he cannot keep it. being courageous in supporting such initiatives as The world we have made, and that we are now the Tobin tax. There is every evidence that the in the process of remaking, is increasing its public have a morally more advanced position military expenditure and reducing its expenditure than the Government on each of these. on aid. In 1995, global military expenditure was Tonight we are not just discussing aid, but an $864 billion while the estimated global expendi- integrated approach in a comprehensive motion ture on the treatment of AIDS, TB and malaria that includes debt, trade, reform of the inter- was $15 billion. Between 1945 and 1995, 23 mil- national financial institutions and ecological lion people, military and civilian, died due to war. responsibility. We should remember that in some In the same period, 150 million died due to of the poorest countries, debt service exceeds the AIDS, TB and malaria. These matters can be combined health and education budget with addressed now. consequent loss of life for, among others, chil- Today and every day, 3,000 people die from dren. If developing countries increased their malaria, three out of four of them children. Every share of world exports at 1999 prices by 5% it year 1.5 million die from TB and 8 million are would be worth $350 billion, seven times total aid. infected. Those are just some of the features our A 1% export increase would reduce world pov- commitment was to address when it was given in erty by 12%. What we do in aid, even if it is September 2000. They have not changed. We untied, and I acknowledge that, is but a portion have changed in our commitment. The world to of what an unequal world of trade and a perni- which our commitment was addressed has got cious world of debt is robbing from the worse. developing world. Next year there will be a review of where all The present round of debt cancellation is an countries stand in the achievement of these goals. extremely welcome first step to lighten the bur- The special representative appointed by Kofi den on many African countries. We must ensure Annan, Secretary General of the United Nations, that issues of debt, trade and aid are taken to canvass for achievement of these goals is a together when considering strategies for the former Development Minister, Eveline Herfkens. development of the world’s poorest countries. She has expressed her grave disappointment at Beyond these basic steps there are other crucial Ireland’s announcement that it will not meet its development issues. commitment. Those who had welcomed Ireland’s So far the G8 and its major contributors have commitment will see the breach of trust and the been silent on reform of the international finan- bad example it gives as little more than a cial institutions, as have we. The conditions betrayal. imposed by the International Monetary Fund and Already there is a shortfall on the commit- the World Bank can impede the benefits of debt ments made towards fulfilling the Millennium relief and increased aid. Zambia is a good Development Goals. The AIDS/HIV action prog- example — the price of debt relief there under ramme has a shortfall of more than 50%. As the the limited heavily indebted poor countries debt directors of a number of non-governmental initiatives was the privatisation of the Zambian organisations have pointed out, more than 8,000 National Commercial Bank in which many small people die from AIDS every day and, in that con- people have deposits. Under public pressure the text, our Government’s decision is “a shameful Zambian Government withdrew from its pro- breach of faith with the world’s poorest people”, posal. The cost was $1 billion in debt write-offs as Mr. Hans Zomer of Do´ chas said when speak- and the Government has had to reintroduce the ing for a group that represents 34 development proposal and there will be a bid for the bank from organisations. a consortium located in South Africa. 1191 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1192

[Mr. M. Higgins.] found that an immediate doubling of aid could The development debate is now very much nar- be used effectively in Ethiopia. rower than it was when I first began speaking Another myth is that debt relief or increased aid about it in these Houses in the 1970s. An example has not been used well. In Benin, 43% of HIPC is the failure in recent times to address the issue debt relief, achieved with severe conditions, went of appropriate technology transfer. If models to education in 2002, allowing the recruitment of based on indigenous or appropriate technology teachers for empty posts in rural areas. A total of that were labour intensive had been chosen — 54% went to health, of which a fifth was used to and many of the countries towards which these recruit health staff for rural clinics, and the were addressed by way of assistance were 70% remainder was allocated to implementing rural in nature — they would have had a better HIV/AIDS and anti-malarial programmes. In effect in encouraging participation and would Mali a monthly stipend is provided to more than have been preferable to forms of technology 5,000 community teachers using HIPC relief. In transfer at the top end which suited multi- Niger a special programme that focuses on rural nationals, donor governments and receiving elites education, health, food security and water who did not use them for the benefit of the coun- systems has been fully financed through HIPC. In tries involved. Malawi, HIPC resources have been used to train Such models have been rejected at times in fav- 3,600 new teachers a year. In Burkina Faso, 39% our of models of capital intensive technology. If of HIPC relief has been spent on education, 33% a different model of technology of transfer had on health and 28% on rural roads. been used, countries would be further along in The poorest of the world need an integrated, developing food security, getting clean water and sustained commitment across all of the issues of sanitation and the basic infrastructure needed for debt, trade and aid. We could have spent the agricultural production and innovation in the pro- money; they needed it. The Government’s White duction of such products as might in time make Paper, which is being travelled around the coun- it to the export market. try, must deal with all of these issues across the The opportunity must be taken to massively relevant Departments such as Foreign Affairs, increase the expenditure on education and health Finance and Enterprise, Trade and Employment. and use the relief of debt cancellation for such A White Paper that descends to being an internal purposes. More importantly still, it must include document in Foreign Affairs would be of limited participation, advocacy and empowerment value. measures. The nonsense must stop of thinking that they are not part of the development agenda, The people of Ireland, and those who support we must end this sneering undercurrent that this motion, do not want to be remembered as the advocacy is somehow less than other direct food country that became too rich to meet its solemn relief. commitment to the poorest of the poor in the world at the time of greatest need, when good As for trade, which will be a litmus test for the example and leadership required that we do major global economies, we must never forget otherwise. We want something other than that. It that a 1% increase in trade by developing coun- is important, even now, to call on the Govern- tries would reduce poverty by 12%. ment to announce, as soon as possible, its com- While the elimination of corruption is mitment not just to the 0.7% target but to the important and the reform of governance neces- changes required across the relevant Depart- sary, it is surely more positive to concentrate on ments and international financial institutions that strategies and opportunities for the development will give us the integrated reform the motion of civil society that will come from the social proposes. expenditure made possible by debt cancellation. The Labour Party’s decision to lodge the commit- Mr. Gregory: I wish to share time with ment on overseas development aid in legislation Deputies Harkin, Cowley, Joe Higgins, Connolly is but a first step in an integrated approach such and Morgan. as that outlined in the motion towards tackling the issue. Acting Chairman (Mr. O’Shea): Is that I would like to dispose of the suggestion that agreed? Agreed. we would not be able to spend this additional aid effectively. When Tro´ caire made its submission Mr. Gregory: Tugaim tacaıócht iomlań do gach to the Joint Oireachtas Committee on Foreign uile chuid den tairiscint seo de chuid Phaírtı´ an Affairs in November 2004, it said: Chomhaontais Ghlas. I support the Green Party’s In the context of achieving the Millennium motion in its entirety as I regard it as presented Development Goals, the World Bank and IMF in measured and reasonable terms. I find it have estimated that at least $30 billion could interesting to note the Fine Gael Party, like the be absorbed by poor countries immediately, Government is not prepared to accept it in all its rising to over $50 billion per year in the provisions. It is essential at this stage, following medium term. The World Bank and IMF have the G8 proposal to restrict debt cancellation to 1193 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1194

18 countries, that the Government should openly Our levels are less than half of the highest in reaffirm Ireland’s policy of 100% debt cancel- Europe. lation for all heavily-indebted poorer countries. We need to live up to our commitments to those who depend on us for their very survival. Mr. C. Lenihan: Hear, hear. We have reneged on our promises. As a nation we cannot hold our heads up and do this. As the Mr. Gregory: Equally, the reneging of the sol- second richest country in Europe, we should be emn promise given by the Taoiseach, Deputy leading the way along with Norway, Sweden and Bertie Ahern, at the UN to meet the 0.7% GNP the Netherlands. Instead, we are defaulting on target, sullied the good name of Ireland in a most our commitments. For a nation that has a proud unnecessary and reprehensible way. If for no history of sending missionaries and aid workers other reason than to restore Ireland’s honourable to Third World countries, in poor and hard times, good name, the Government must reaffirm we now have a binding obligation to keep our Ireland’s commitment to this target at the forth- promises in good times. The Minister of State at coming UN millennium summit. I accept that the the Department of Taoiseach, Deputy Kitt, said \ overseas development aid contribution of 1.8 there was an impression we are not doing any- billion between 2005 and 2007 will mark a signifi- thing. We are, but it is not enough. Just two years cant increase in Ireland’s aid programme. We ago the Taoiseach told the World Bank that the could indeed be proud of it, if it were not for the need for increased overseas development aid was commitment given, which now appears to be an more evident than ever and that Ireland would act of hypocrisy and opportunism at a time when reach out to those less fortunate than ourselves. a seat on the security council was the motivating That time has now come. factor and not justice for the world’s poorest We need to revisit the proposals from the EU countries. Commissioner for Agriculture and Rural I am not interested in the posing of mega-rich Development on the new sugar regime. While we rock stars telling us what we must do with the tax know the effects of these proposals on Ireland, we pay, when they themselves do not pay their they can be offset by compensation payments. own fair share of tax for anything, whether for However, for countries like Ghana these pro- our hospitals or aid to Africa. posals are a disaster. It already has a preferential trade agreement on sugar with the EU. However, Ms O’Donnell: That is not true. the new proposals will cut 60% in prices and dev- Mr. Gregory: Ireland must honour the commit- astate Ghana’s sugar industry. Last week I list- ment of the 0.7% target sooner than 2015, the ened to the President of Ghana say that while the date given by the Minister for Foreign Affairs, recently announced debt relief was welcomed, the Deputy Dermot Ahern, this morning. Inter- proposed sugar regime would instantly wipe out national social justice is to a significant degree the benefit of the cancellation three times over. dependent on fair trade. A real test to our com- I commend this motion to the House and I con- mitment to achieving justice for the less gratulate the Green Party on putting forward developed countries is to review, a reasonable such a timely and comprehensive motion which term, all subsidies given to producers in the reminds us of our solemn commitments to the developed affluent world. We must re-examine poorest of the poor. the effect of those subsidies on the less developed world. Dr. Cowley: I congratulate the Green Party for putting forward this composite motion, spelling Ms Harkin: In 2000 the Millennium Declar- out clearly the deficiencies in what we are doing ation adopted by world leaders represented a for our poorer brethren of the world. We must declaration of solidarity with all those in the have a conscience about this matter because Third World. The overall goal was to lift 300 mil- Ireland was a country where entire families were lion people out of extreme poverty and to save wiped out by TB and it was ravaged by famine 30 million children who would otherwise die and emigration in which so much of our popu- before their fifth birthday. To achieve these goals, lation was decimated. These days, few people die Ireland made a commitment of devoting 0.7% of of TB and malaria in the developed world. GNP to overseas development aid by 2007. However, for the developing countries this is a In 2003, we reached 0.41% which put us ahead different story where they are the largest killers. of Australia at 0.25%, Greece at 0.21%, Italy at These are conditions about which something can 0.26% and the US at 0.14%. However, we were be done. still behind other countries like Belgium at In the past in Ireland, TB was related to poor 0.61%, Luxemburg at 0.8%, the Netherlands at living conditions, basic sanitation and housing. 0.81% and Norway at 0.92%. These statistics dis- This is the prevalent situation in the Third World. prove the Taoiseach’s claim that Ireland is up Knowing about it gives us a responsibility to there with the best in Europe. While we are not tackle the issue. While some efforts are made, at the bottom, we are certainly not near the top. much more could be done. Targets have been set 1195 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1196

[Dr. Cowley.] jail to stop them from opposing works for which and every speaker has outlined the need to reach no consent has been given by the Minister for the 0.7% of GNP target to be devoted to overseas Communications, Marine and Natural Resources development aid by 2007. However, this commit- and with no qualified risk assessment yet put into ment was broken. It is an indictment of where we the public domain. stand as a country and a society. It behoves us to get on the right track with our responsibility to Dr. Cowley: Hear, hear. developing countries. AIDS is not just a health problem but a mass- Mr. J. Higgins: International capitalism is at the ive threat to the entire global community. Some root of world poverty. Exploitation and poverty 7,000 people die of AIDS and over 40,000 are is an inevitable tool of international capitalism being infected with HIV every day. and if that system is not changed, we will be here 8 o’clock These are major figures and 95% of in 20 years’ time with the same poverty and the these people are from developing same horror. countries. This tells the entire story. There are entire communities of AIDS orphans. These Mr. Gregory: Hear, hear. situations arise because their parents infected with HIV have not had the basic drugs to ensure Mr. J. Higgins: I will be in Edinburgh to protest a longer life. Speaking of longer life, an examin- the policies of the G8, but unless we sweep away ation of the life expectancies in developing coun- this rotten system where investment and pro- tries is telling. If we had the life expectancies of duction are simply to satisfy the greed of a tiny these countries, very few, if any Members would but wealthy and powerful corporate minority and be here. For instance, life expectancy at birth in replace it with a system where production invest- Mozambique is 41 compared with 77 in Ireland. ment is for the good of humanity, poverty will Infant mortality at birth in Mozambique is 137 always be there. per 1,000. One can go through a list of other countries such as Lesotho where life expectancy Mr. Connolly: I welcome the opportunity to is 35 and Zambia, where it is 32. These figures speak on this important motion and I compliment tell their own story. I wonder what we can do the Green Party on tabling it. We live in an age about them. of unprecedented wealth and prosperity and yet inhumane things happen. We are in a position Mr. J. Higgins: The Government amendment whereby 30,000 children die every day and 800 to the Green Party motion is replete with hypoc- million go to bed hungry. These statistics are not risy. It acknowledges the need for international satisfactory and aid has a critical role to play in agreements to control the international trade in achieving these goals. However, it is not a magic arms, to assist conflict resolution and to prevent bullet or a cure-all for all ills. Experience has the terrible cost to human lives and economically. shown that where aid is deployed efficiently as The same Government has allowed our island to part of a wider development strategy, it makes a be a military aircraft carrier for the biggest lasting difference in helping people to lift them- imperialist superpower and arms merchant in the selves out of poverty. world to launch a murderous invasion of Iraq in However, approximately two thirds of the support of a transparent lie that has killed and money currently on aid could be described as maimed tens of thousands of innocent people. It phantom aid in that it is not available for poverty supports logistically the ongoing occupation of reduction in developing countries. I am con- Iraq by this imperialist superpower. We cannot cerned about recent examples of this phenom- take this Government seriously in its commit- enon. The value of such aid is deflated by excess- ment to the poor of the world after that. ive administrative costs, extravagant spending on The billions of humanity and the hundreds of overpriced technical assistance from consultants, millions of children who live in poverty, have no double accounting of debt relief and tying aid to clean water and suffer disease and homelessness trade from donors’ own firms. I am concerned want to see poverty made history. However, that about such practices. will not be achieved by well-meaning millionaire How much of Ireland’s contribution could be rock stars and artists cooing to the alleged gentler classified as phantom aid which has been side of international establishment politicians devalued by an administrative bureaucracy and who are the main spear carriers for the major other costs, such as monthly salaries of $6,000 and multinational corporations which rob those poor $7,000 and upwards? I have seen situations where countries with trade agreements and by other administrators on such salaries have operated means, just as brutally as their forebears did with amidst rank poverty. It is gross and some form of cannonballs and sailing ships in a past era. example should be set. The World Health Organ- These are the same multinational corporations isation has people on such salaries in developing such as Shell which sent five decent Mayo resi- countries and it is immoral. dents to jail today. The courts have turned logic I would like to see developed countries spon- on its head to facilitate Shell, sending residents to soring, if one can use that term, individual coun- 1197 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1198 tries. For example, Ireland could be the lead was invoked in Cuba in 1898, Costa Rica in 1922, country in Ghana in terms of the aid sent there Namibia in 1995 and Mozambique in 1999. When rather than giving small amounts of aid to every the notion is successfully invoked, the state debt African country in the hope that the problem becomes the personal debt of those responsible goes away. If each developed country were to during the dictatorship and cannot engage the fin- adopt an under-developed country and provide ancial resources of the state. The fact that it is the core people there, one would not have the open to developing countries to pursue such a same cost in administrators in X number of coun- course must be highlighted and promoted by tries throughout Africa. This concept should be Governments concerned with the issue of debt tackled and examined — efforts could be made burden on developing countries. This State to develop it as the G8 summit meets — because should actively encourage such states to invoke considerable sums of money are eaten up by the notion of odious debt where possible. People administrators and it is not sensible to have such must understand the reason certain states will be duplication of effort. One would be in a better opposed to the abolition of world debt. It is situation to judge whether one was receiving because to them, it would amount to giving up value for money and one could report back on a tool of control and subjugation, giving up the progress to one’s own people. method by which they carry out the economic col- Currently, the main argument is whether we onisation of developing states. It is the method by are giving 0.7% of gross national product in aid. which they force their liberal economic agenda I am unsure as to whether it should be the biggest on a large part of the world with disastrous con- issue. We should consider how the money is spent sequences in terms of poverty, hunger and and if there is a point to what we give. Is it hitting disease. the target and getting results? Citizens of developing countries are disempow- ered as economic policy is decided by the IMF Mr. Morgan: The debt burden on developing and the World Bank. This is done by way of the countries is a symptom of the disease at the core structural adjustment programmes which are of the international financial institutions, namely imposed on indebted countries and which have the International Monetary Fund and the World dramatically aggravated the problems facing Bank. The role of these two anti-democratic those states. Their central aim is to impose econ- bodies in world politics must be challenged. My omic policies approved by Washington upon party demands the overhaul, reform and demo- developing countries. Unfortunately, as is usual, cratisation of the IMF and the World Bank. we do not have enough time for this important These institutions and the interests they represent debate. Debt cancellation must be accompanied are responsible for the debt crisis. Every action by the ending of structural adjustment prog- they take is designed to benefit developed states rammes and the thorough reform of the inter- at the expense of developing states. They were national financial systems as nothing less will end designed for this purpose and they are structured this scourge which plagues so many people in so in a way which subjugates the interests of the many states around the globe at this time. developing countries to that of the powerfully Minister of State at the Department of Foreign developed states, in particular, the USA. Affairs (Mr. C. Lenihan): I thank all the Deputies These institutions have played a major role in who contributed tonight and last night. I read the the growth of inequality in the world. The voting transcripts of last night’s debate. Unfortunately, I rights within both these bodies are stacked in fav- could not be here as I was attending a conference our of developed states and completely against in New York. I came back this morning to be developing countries. The selection procedure for present at this debate. the IMF and World Bank leaders are totally undemocratic as the presidency of the World Mr. Gormley: Did the Minister of State make Bank is always reserved for a North American. any promises? Voting rights within the IMF are based on the entry fee or share bought by a country when it Mr. C. Lenihan: I made no promises. I was very joins. This share is calculated according to its happy with the contributions and was particularly economic and geopolitical importance. The struck by Deputy Andrews’s suggestion on the number of voting rights to which each country is arms trade. Deputy Michael D. Higgins spoke entitled is based on its share value. It is about the shameful situation in that we live in a unacceptable that the USA has a blocking min- world where the arms trade garners and takes up ority vote. so much human resources in terms of money Many developing states burdened by debt are spent while so little is spent on development aid within their rights under international law to ref- generally throughout the world. Both Deputies use to pay these debts on the basis that the debt expressed very fine sentiments in the debate. is odious, that is, where a despotic power con- Deputy Gregory was right and I take the tracts a debt not according to the needs and opportunity to reaffirm Ireland’s official position interests of the state. The notion of odious debt that we are happy with the G8 decision but that 1199 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1200

[Mr. C. Lenihan.] far as Irish official policy is concerned, must we are in favour of 100% debt cancellation for include additionality for the countries involved. all heavily indebted nations. Only 18 nations will There must not be debt relief, which is given with benefit from the G8 summit decision and we the one hand, but with less amounts in terms of would like the other 20 nations to benefit as well. volume aid flowing from those institutions, We would like to see debt write-off for all coun- whether IDA or otherwise. tries in similarly distressed situations. Deputy Connolly made a very interesting point Mr. Gormley: On a point of order, will the about aid effectiveness. As we increase the vol- Minister of State be in a position to—— ume of overseas development aid, or official development assistance to the developing world, An Ceann Comhairle: That is not a point of we must guarantee our aid is given in an efficient order. I ask Deputy Gormley to resume his seat. and timely fashion. Last March, as Minister of State representing Ireland, I was proud to pro- Mr. Gormley: The Minister of State has indi- mote this agenda strongly at the OECD in Paris. cated he will take a question. We are now laying down timeframes on aid effectiveness. I was one of the first in Europe to call An Ceann Comhairle: The Minister of State for this particular measure and I am glad the has 40 seconds remaining. The Deputy’s party OECD has adopted it. It has adopted a series of will have an opportunity to reply. indicators and it will adopt more by September in a bid to be present, so to speak, at the millennium Mr. Gormley: Will the Minister of State indi- summit in New York in September. We must cate when we will met the 0.7% of GNP? have a timetable for action on aid effectiveness as well because it is not only about increasing vol- An Ceann Comhairle: I ask Deputy Gormley ume amounts. to resume his seat. I am glad to say that while in New York in the Mr. C. Lenihan: My senior Minister made it past day or two, I met Mark Malloch Brown, the quite clear last night, as I will do again, that the head of the UNDP and chief of staff for Kofi Government is placing this matter under active Annan. He again paid generous tribute to the consideration. There have been substantial dis- Irish aid programme for its effectiveness and cussions at Cabinet level on this matter and what we contributed and continue to contribute between myself, Taoiseach, the Minister for Fin- on an ongoing basis. It is another signal that we ance and my senior Minister, Deputy Dermot are doing something right on this issue. He also Ahern. As the Taoiseach indicated this morning made the point, which I have made in this House on radio and as my senior Minister did last night, previously, that my senior Minister, Deputy we will be in a position to put a timeframe in Dermot Ahern, would not have been appointed place ahead of the millennium summit in as an envoy under the UN system to look at the September. That is an absolute commitment by reforms needed in September had we not been this Government. playing our part very generously in respect of I am very proud of the motion the Green Party overseas aid. has tabled, which we welcome. I do not believe I point Deputies to the fact the Action Aid sur- there is a substantial difference between the vey recently rated the Irish aid programme the motion and our amendment. best in the world in terms of the quality of the programme and the way it delivers. That Mr. Eamon Ryan: The amendment has been reaffirms an earlier assessment by the OECD. We watered down. played a strong part in the recent European commitment to bring an extra \20 billion into play in Mr. C. Lenihan: We share many of the senti- terms of development and setting an interim tar- ments. Two Deputies made very disparaging get of 2010 and a final target of 2015 for the Euro- comments about Bono and Bob Geldof during pean countries. The development ministers made the debate this evening. I do not share those sen- that absolute commitment and it was followed up timents. Notwithstanding their obvious celebrity, at the Council of EU leaders which the Taoiseach they are doing an idealistic job and are acting attended. That absolute commitment was made from motives of idealism and I reject the criticism by all 15 of the original member states. of them. The G8 package is welcome but I point out that we need to see the details of it. Far too often in Mr. Cuffe: I wish to talk about solemn commit- the past what seemed to be very generous G8- ments, climate change and fairness. Since the style debt relief measures by the Bretton Woods foundation of this State, Ireland has had an excel- institutions turned out to be far from generous lent reputation in assisting developing regions of when the details were considered. I urge people the world. In the fields of education and health to be somewhat cautious about this particular care, the Irish, initially through the religious announcement. We must see the details which, as orders and in more recent times through the aid 1201 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1202 agencies, have earned an enviable reputation in are dying every day in the developing world assisting the less well-off of the world. That repu- because he has not made that commitment. tation is in danger of being squandered. In a time The European Commission has already made of unprecedented economic prosperity, it is strong commitments on climate change. It has shameful that reputation is being tarnished. made a commitment of 15-30% reductions by It was tarnished by our Taoiseach reneging on 2020 and 50-80% reductions by 2050. It is crazy the solemn commitment he made on 3 September that Ministers here are continuing as if nothing 2002 when he stated that the decline in overseas will ever change. It is crucial that Ireland plays its development aid in the 1990s was shameful, inde- part and it is about fairness, about contraction fensible and inconsistent with the commitments and convergence. It is about ensuring that people given at Rio. The Taoiseach reiterated Ireland’s in developing countries are given the same kind absolute commitment to achieving by 2007 the of allowances we will be given. We must ratchet UN target of spending 0.7% of GNP on overseas down emissions. If it does not happen on the development assistance. That is what the Minister of State’s watch, it will be much more Taoiseach said but it will not be delivered. That difficult to have reductions in climate change in has damaged Ireland’s reputation in the United the future. We must make that commitment and Nations, with developing countries and in the it is not good enough to water down our motion. international diplomatic sphere. It is not good It is not good enough to avoid the science and to enough to renege on that commitment. avoid the facts. In terms of climate change, Ireland did well Climate change is a science and the Minister of under Kyoto and was given very generous allow- State must give a commitment that he will make ances. However, it will still be an uphill struggle those changes. We must look at what increase in to achieve them. We were allowed a 13% global temperatures is acceptable and we must increase from 1990 until the 2008 to 2012 period. deal with that. We must set a target and work We are already double the increase we were backwards from that. Ireland does not even have given and it will be very difficult to achieve the an up to date climate change strategy. It is years original target within the period. We are close to out of date and we have not seen any commit- the bottom of the league in terms of distance ment to revising that within an appropriate timescale. I want the Minister of State to make a com- from targets. mitment to achieve what we have put down in The Minister for the Environment, Heritage our motion. I do not want him to do it in a wishy- and Local Government, Deputy Roche, and the washy Fianna Faíl way, but in a scientific way Minister for Transport, Deputy Cullen, must with a commitment that our Taoiseach gave three switch tack but that is a good news story because years ago. I think that is fair, it is equitable and it will mean improvements in the quality of life, it should be delivered. better bus services, towns and cities designed around people rather than cars, rural bus services, Mr. Sargent: Ba mhaith liom buıóchas a gabhaíl better long distance rail services, a shift in energy ar son an Comhaontais Glais do Theachtaı´ policy to wind turbines, tidal turbines, biomass Neamhspleaćha agus do na paírtithe go leír a thu- and away from sugar into ethanol. I am not con- gann tacaıócht don ru´ in. Listening to the strong vinced the Government is making that switch and criticism of the Government from Deputy that its heart is in it. There must be a significant O’Donnell, I expect the Progressive Democrats change in that regard. will also support the motion. It will be difficult and expensive to buy our way I thank the individual NGOs, many of which out of climate change but it will not be a matter are here in the Public Gallery, church groups and of life and death. For people in developing coun- people who have influence, who are making a dif- tries, climate change is already a matter of life ference and working to make poverty history. It and death. In those countries, famine, disease and is welcome that the Government is prepared to poverty, in many instances caused by climate come part of the way along the road to support- change, are already killing people. Subsistence ing our motion, but it is very disappointing that it farmers cannot wait for the rain to come the next is not prepared to support the motion in its year and, as a result, they die. The richest coun- entirety. Instead, the Government has amputated tries in the world are causing climate change. We the bulk of our motion and for the sake of show- are causing it — the G8 and those countries that ing superiority of numbers, is forcing a vote on a have wealth. From a moral perspective, it is watered down amendment. crucial that Ireland plays its part and that we This motion is a call to action. It is a call to assist those countries to the best of our ability. It action for justice, upon which the Green Party is not good enough to talk about what will be would act if in Government. This Government chopped in Ireland in order for us to fulfil our has demonstrated willingness to respond when commitment. It is imperative for the Minister of called upon by another country. After 11 State to make the commitment to increasing our September 2001, when thousands died as a result development aid. Tens of thousands of children of two planes smashing into the twin towers in 1203 G8 Summit and Overseas Development Aid: 29 June 2005. Motion (Resumed) 1204

[Mr. Sargent.] — tea, sugar and copper — constitute 75% of all New York, another plane smashing into the Pen- trade. Between 1997 and 2001, the price index of tagon and another crashing in Pennsylvania, all at each fell by more than 50%. the hands of hijackers, the Government unques- As a start, let the Government state that it will tioningly acceded to the wishes of the US do what it must do to levy the Tobin tax on inter- Government for an increase in refuelling and national financial transactions. Ireland has a role overflights of high-tech killing machines. If four to stress that famine is not an option and that airplanes crash causing less than four thousand selling arms to the poor is not an option. That deaths in one day, bringing about so much focus, goes for Shannon Airport as much as the prayers and even a toleration and complicit co- comfortable suggestion of taxing the arms trade, operation with an illegal and bloody invasion of which will hardly affect Ireland. By an accident Iraq, what would be the response of the Govern- of history and the work of people like Frank ment if an equivalent of 300 jumbo jets crashed Aiken, Sea´n McBride, Mary Robinson, John every day? The equivalent of 300 jumbo jets O’Shea and Bob Geldof, Bono and others, crashing every day is 40 million people per Ireland has some moral authority to set the annum, which is the estimated total who die from agenda. Does the Government have the courage hunger and hunger related diseases, as well as to say that we must live more simply so that AIDS. Half of the passengers on these virtual air- others can simply live? This month, the Royal planes are children. If the Da´il was to respond to Society of Scientists in the UK, along with the world hunger and poverty in anything like the authors of the report, “Africa — Up in Smoke”, way it responded to the attacks on 11 September warned the G8 leaders that unless deeper cuts in 2001, we would work on this issue every day of emissions of CO2 gases take place and unless every week until avoidable hunger and disease funding goes to environmental regeneration such was ended. as re-afforestation, we will not see an end to Our motion sets out a template for this work, poverty. including debt cancellation, trade justice, Does the Government have any residual integ- restricting the arms trade, climate change and — rity left to keep its word? The wrist bands that the Minister of State does not need reminding — many of us are wearing remind the Minister of the commitment to increase overseas develop- State to keep his word. The commitment to ment aid to 0.7% of GNP by 2007, as was prom- increase overseas development aid to 0.7% of ised. Debt cancellation requires cutting a deal GNP by 2007 is the promise that has been with the debt holders. For the Government, this broken. Before travelling to New York for the is the biggest peace process of all. I ask the UN Millennium Summit in September, we ask Taoiseach to bring it on. As someone who claims that the Minister of State and the Taoiseach bring to be a negotiator, let us see how serious he is this House back from the recess to state clearly when it comes to dealing with world poverty. the date for the implementation of that promise. Trade justice is denied to most post-colonial They could at least restore some of the lost integ- poor countries. The world trading system is cor- rity and trust that has damaged this Government rupt and unjust and free trade is compounding irreparably. these problems. It is time to change the rules. For The poor have given the rich cheap tea, cheap example, 25 million coffee producers face ruin as coffee, raw materials and oil over the years. In the price of coffee has fallen 50% in the past turn, we ask the Government to support the three years. Farmers are selling at heavy losses. motion in the spirit of consensus building to Vietnamese farmers get only 60% of production create international solidarity between the Irish costs. Is it any wonder desperate farmers turn to people and the poor. It is only with leadership producing heroin and cocaine and exporting mis- from countries like Ireland as a post-colonial ery to the west? The west created that misery for nation that poverty will be made history. I ask those farmers in the first place by impoverishing Members, please, to support the motion. them. In the poorest 48 countries, three products Amendment put.

The Da´il divided: Ta´, 72; Nı´l, 59.

Ta´

Ahern, Michael. Carey, Pat. Ahern, Noel. Carty, John. Andrews, Barry. Cassidy, Donie. Ardagh, Sea´n. Collins, Michael. Blaney, Niall. Cowen, Brian. Brady, Johnny. Cregan, John. Brady, Martin. Cullen, Martin. Brennan, Seamus. Curran, John. Browne, John. Davern, Noel. Callanan, Joe. Dempsey, Noel. Callely, Ivor. Dempsey, Tony. 1205 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1206

Ta´—continued

Dennehy, John. Moloney, John. Devins, Jimmy. Moynihan, Donal. Ellis, John. Moynihan, Michael. Fahey, Frank. Mulcahy, Michael. Finneran, Michael. Nolan, M.J. Fitzpatrick, Dermot. O´ Cuı´v, E´ amon. Fleming, Seań. O´ Fearghaı´l, Seań. Fox, Mildred. O’Dea, Willie. Gallagher, Pat The Cope. O’Donnell, Liz. Glennon, Jim. O’Donovan, Denis. Grealish, Noel. O’Flynn, Noel. Hanafin, Mary. O’Keeffe, Batt. Haughey, Seań. O’Keeffe, Ned. Hoctor, Maíre. O’Malley, Fiona. Keaveney, Cecilia. O’Malley, Tim. Kelleher, Billy. Parlon, Tom. Kelly, Peter. Power, Peter. Killeen, Tony. Power, Seań. Kirk, Seamus. Roche, Dick. Kitt, Tom. Sexton, Mae. Lenihan, Brian. Smith, Brendan. Lenihan, Conor. Smith, Michael. Martin, Michea´l. Treacy, Noel. McEllistrim, Thomas. Walsh, Joe. McGuinness, John. Woods, Michael.

Nı´l

Allen, Bernard. McGrath, Paul. Boyle, Dan. McHugh, Paddy. Breen, James. McManus, Liz. Breen, Pat. Moynihan-Cronin, Breeda. Broughan, Thomas P. Murphy, Catherine. Burton, Joan. Murphy, Gerard. Connaughton, Paul. Naughten, Denis. Connolly, Paudge. Neville, Dan. Costello, Joe. Noonan, Michael. Coveney, Simon. O´ Caolaín, Caoimhghıń. Cowley, Jerry. O´ Snodaigh, Aengus. Crawford, Seymour. O’Dowd, Fergus. Cuffe, Ciarań. O’Shea, Brian. Deasy, John. O’Sullivan, Jan. Deenihan, Jimmy. Pattison, Seamus. Durkan, Bernard J. Penrose, Willie. Enright, Olwyn. Perry, John. Gilmore, Eamon. Rabbitte, Pat. Gogarty, Paul. Ring, Michael. Gormley, John. Ryan, Eamon. Gregory, Tony. Ryan, Seań. Harkin, Marian. Sargent, Trevor. Hayes, Tom. Sherlock, Joe. Higgins, Joe. Shortall, Ro´ isıń. Higgins, Michael D. Stagg, Emmet. Hogan, Phil. Stanton, David. Howlin, Brendan. Twomey, Liam. Lynch, Kathleen. Upton, Mary. McCormack, Padraic. Wall, Jack. McGrath, Finian.

Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies Boyle and Stagg.

Amendment declared carried. public safety, particularly in the transport and vehicle sector. There is an onus on every legis- Motion, as amended, put and declared carried. lator and politician to ensure school buses are safe for school pupils and students. The number Driver Testing and Standards Authority Bill of Bus E´ ireann buses with seat belts is 1,539, 2004: Second Stage (Resumed). while 1,493 buses are without seat belts. These figures, which are the most current and accurate Question again proposed: “That the Bill be figures available, relate to a survey undertaken now read a Second Time.” by Bus E´ ireann in October 2004. Given that 1,493 Mr. F. McGrath: The debate on this Bill is buses do not have seat belts, it is evident that we important because we are dealing with issues of have a major problem. We must face up to this 1207 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1208

[Mr. F. McGrath.] standards to be met by the authority in the dis- matter. I appeal to the Minister to ensure these charge of its functions; the placing of a duty on buses are brought up to date and provided with the authority to promote the development and proper seat belts. We have already seen the nega- improvement of driving standards and a duty to tive impact of this and the many accidents that conduct its business at all times in a cost-effective have occurred. and efficient manner. On a positive note, there are many examples The Bill also proposes a policy direction by the of good practice in providing safety on buses for Minister to the authority. I welcome the section schoolchildren. My experience is of the services that achieves this because it is very important. dealing with St. Michael’s House, particularly on The Minister must provide leadership on this the north side of Dublin. I witness daily how chil- issue. I urge the Minister of State to do so in dren with disabilities are supervised in a very pro- respect of public safety because leadership must fessional manner when they are collected from come from the top. their homes. I commend the staff of St. Michael’s House and especially the people involved in the Mr. Callely: I am always happy to show bus company that provides this excellent service. leadership. Not only have they safe, up-to-date and modern buses for the children, there are also excellent Mr. F. McGrath: The purpose of the Bill is also staff on board the buses. Children are properly to provide for the appointment of a board of supervised before the bus moves off and seat directors and a chief executive officer. I hope this belts are put on them. The staff are most pro- will be achieved in a very professional and objec- gressive and thoughtful. Thousands of families tive manner. The Bill will also provide for the appreciate that very much. We must examine auditing of the authority’s accounts by the seriously the issue of buses which still do not have Comptroller and Auditor General, and the pro- seat belts. If it is not acceptable in a private car, duction of an annual report to the Minister by it cannot be acceptable for a school bus service. the authority. I welcome these provisions because Regarding the broader issue of standards and they are very positive and secure. driver testing, it is important that the preparation Section 13 provides that the Minister shall des- for testing is professionally done. We must accept ignate a member of the board to be chairperson that this will be a major issue in coming years for a term of office of five years. This is a fair as motorways become more common. Motorways provision. It allows the chairman time to settle are generally safe and have reduced accident lev- into the job and, subsequently, to get on with the els. It is important that more care is taken on job. At all times, the chairperson will have a very minor roads, particularly in rural areas where responsible and key role. many tragic accidents occur. Motorists have a Section 16 provides for the transfer of staff responsibility to be careful and fair to other from the Department of Transport to the auth- road users. ority and for the appointment of staff to the auth- Many cyclists can be irresponsible at times. ority. The section provides that the terms and There is a duty on them to act responsibly. When conditions of employment of staff transferred driving into the Daíl, we regularly see cyclists from the Department of Transport shall not be clipping our cars, breaking lights and generally less favourable than those already enjoyed by the behaving badly. We should not be afraid to say staff and that scales of pay to which such staff this although it might not be politically correct. were entitled shall continue to apply, unless The reality is that many cyclists do not adhere to agreed otherwise with a recognised trade union the rules of the road and this should be made or staff association. This section also provides plain to them. Motorists have major concerns in that the number of persons and the grades of staff this regard. Some people consider that cyclists of the authority shall be determined by the board should undergo a test on road safety because with the consent of the Minister with the agree- there are many bad ones. Jumping lights, clipping ment of the Minister for Finance. This section cars and driving on footpaths are not safety must be considered seriously. We must have the options. Pedestrians, cyclists and motorists should full support of the staff and they must be commit- be responsible. It is very important that we bear ted and dedicated. I welcome the provision that a certain amount of personal responsibility. the terms and conditions of employment of staff The purpose of the Bill is to provide for the transferred from the Department of Transport assignment of additional related functions to the shall not be less favourable than those already driver testing and standards authority; the per- enjoyed by the staff of the authority. formance by the authority of its functions by I also welcome the fact negotiations must be means of outsourcing, the establishment of sub- held with a recognised union or staff association sidiaries and participation in companies; the mak- as staff interests must be looked after. As a ing of a “service agreement” between the Mini- former active trade unionist, I believe this is very ster and the authority which will set the functions important because there is a decline in trade and tasks to be carried out and the performance union membership, particularly in sections of the 1209 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1210 private sector. I recently had the experience of sible, careful and professional people are dealing with a company the staff of which were involved in the transport industry. In fairness to not members of a trade union and who suffered many of them, there are examples of good quality the consequent negative effects. In this regard, drivers in the State. However, we must be con- section 16 is relevant and a reminder to us all that stantly vigilant to ensure the safety of passengers, we should ensure the trade union movement and particularly young people. recognised staff associations are given a positive We should reward good driving practice, be it role in respect of the driver testing and stan- that of personnel in the private sector or public dards authority. sector. A reward system should apply to excellent Section 28 provides that the authority will drivers who have served for years without having make an annual report to the Minister in such been in an accident or the subject of a complaint. form as he or she may direct not later than six If somebody who has been driving for Bus months after the end of each financial year and E´ ireann for 30 years has an excellent road safety for the annual report to be laid by the Minister record and a commitment to the safety of chil- before the Houses of the Oireachtas. This section dren, he or she should be recognised and is very important because it is about account- rewarded. Any progressive Minister would con- ability and people facing up to their responsibil- sider this proposal because it is very important. ities and ensuring they will provide a professional A constituent of mine feels there is a number and quality service. We have noted examples of loopholes regarding the way mechanics and recently where standards in the public service engineers examine school buses. Given that the have not been up to scratch. It is important that constituent has made this allegation, the onus is an annual report be made to the Minister not on me to put on the Daíl record the fact that later than six months after the end of each finan- people are concerned that some of the buses on cial year and that it be laid before the Houses of the road might not necessarily be of the highest the Oireachtas. This will ensure Members will standard. I urge the Minister to address this. have the opportunity to debate it and make I welcome the Bill. This debate is very recommendations. Ultimately, Members are try- important because the question of public safety, ing to improve road safety and driver testing including driver safety, is very important. standards. It is very important that we consider the Bill in Debate adjourned. great detail in respect of public safety, including driver safety and the safety of cyclists. As I stated, Personal Statement by Member. we have a responsibility to ensure that high public Mr. J. Higgins: On 15 June I stated in the Daíl safety standards are set, particularly in respect of that the multinational corporation General Elec- the safety of children. Drink driving is no longer tric was involved in a legal manoeuvre to compel an option for the vast majority of motorists. We the Industrial Development Authority to pay mil- have made progress in this regard but we must lions of euro for land belonging properly to the face up to the reality that there is a small minority Irish people, and that General Electric used these of drivers who are not adhering to the standards. proceeds to finance pressurised redundancies at a We must accept responsibility for this, as must company called Diamond Innovations. I am the individuals concerned. We must ensure they reliably informed that the company in Clon- are guided in the right direction, otherwise there shaugh Industrial Estate responsible for the legal will be major negative consequences on our scam at the expense of the taxpayer was not GE roads, particularly a decline in safety standards. or Diamond Innovations. I made the initial state- The Bill contains some very important con- ment in good faith on foot of information sup- structive elements, which I welcome. We must plied. However, that was incorrect and the state- have standards and a strong emphasis on public ment that GE or Diamond Innovations was safety, including driver safety. It is particularly involved was also incorrect. I wish to express my sad to hear about the high number of people who regret in that regard. are injured while driving. Sometimes their accidents do not make the newspapers. One usually hears about the tragic deaths. When the issue of Driver Testing and Standards Authority Bill injuries becomes topical, it is usually dropped as 2004: Second Stage (Resumed). a topic in newspapers within a matter of days. Every year, many people are seriously injured Question again proposed: “That the Bill be and disabled and suffer very badly because of now read a Second Time.” accidents. Mr. Cassidy: I wish to share time with Deputy The elements of the Bill I have outlined are McGuinness. I will be brief as much ground has all very important. It is important that we ensure been covered. I am Chairman of the Oireachtas school transport services are afforded the Committee on Enterprise and Small Business and maximum support and that funding is not an issue we have been carrying out work with regard to in their provision. We must ensure that respon- the insurance industry. It is of the utmost import- 1211 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1212

[Mr. Cassidy.] Deputy Finian McGrath spoke about the ance that this Bill passes through all Stages before school bus system. I express my sympathies to all the summer recess. Some 350,000 drivers are still concerned in the tragic accident. Much can be waiting to obtain full licences. People have waited learned from that event and we must learn as we long over their time in terms of what they require. go along. The school bus fleet leaves much to be I compliment the Minister and Government on desired in terms of safety and the average age of bringing this legislation before the House. Four vehicles. We must examine best practice in other Bills were promised to deal with insurance. The countries and immediately apply it here. If invest- Personal Injuries Assessment Board ment is needed, which it undoubtedly is, then the 9 o’clock was established and the Civil Liab- State should not fall short in making the money ility and Courts Act, which dealt with available to the operators or those involved in fraudulence, came before the House. Those who ensuring the safe transport of children from home make fraudulent claims will be punished and to school. Whatever is required to attain that fined and made to pay the entire costs for any level of safety, whether it is carers or seatbelts, claim found to be fraudulent. This is the last of should be provided and adhered to. I encourage the four promised health and safety Bills and I the Minister of State to pass on the message of congratulate the Taoiseach and Government on this debate to the relevant Minister. There is una- what they are doing. nimity in the House in terms of what needs to be There are between 60,000 and 70,000 uninsured done with the school bus service. vehicles in Ireland at this time which is The service also needs to be modernised and unacceptable. Some 375,000 drivers are without made more flexible in the context of the families full licences. A significant tightening up is who will occasionally require it. Too much required. I am calling for the speedy establish- bureaucracy is attached to the implementation of ment of the traffic corps which we witnessed first school bus routes in this country and there is too hand in New York where it has proved very suc- little application of common sense with regard to cessful. The monitoring of the penalty points the route and standards which need to be adhered system has been lax since the first six months of to. I join Deputy Finian McGrath in asking for its introduction. It was initially a great success, action in this area sooner rather than later. but people know it is not being monitored in the Money should not stop the modernisation of the way they expected and are adding another 5 and school bus fleet. ten miles to their speed. As a result of its traffic When discussing the legislation, we must also corps, crime in certain parts of New York fell by highlight the need for special funds for urban 30% because criminals had to get from A to B. areas. Too many local authorities, county and These are some of the points we have picked borough councils and corporations must deal with up and gained experienced of in the course of our the increase of planning applications, the con- insurance inquiry and I bring them to the atten- struction of new roads and the implementation of tion of the Minister of State. I wish the Bill a safety measures within a very confined budget. speedy passage. At the same time, they must provide the necessary road signage, which is currently deplorable. Mr. McGuinness: I compliment Deputy It is very difficult to follow road signs, of which Cassidy on his chairmanship of the committee of there is a lack in certain areas. It is unhelpful to which I was a member in 1997 during my first tourists and to those who cautiously move along term in the Da´il. I realise the valuable work the roads and motorways, looking for exits and undertaken by the committee and the impact it points of destination. I would encourage greater has in encouraging new legislation that will help investment in general signposting and the proper those seeking licenses and insurance as well as mapping out of urban centres in terms of signage, the business sector. This legislation is also to be as well as safety and cautionary signs. Little fund- welcomed. ing is made available to local authorities in this The issue raised by the Deputy regarding regard. We must recognise the shortcomings of insurance is one on which the committee has road networking in urban centres and provide worked extremely hard. I am aware of the work funding. People drive on these roads, subject to it does and continues to do and it is yielding the signs, and this also applies to those sitting results. Fleet insurance is beginning to shown tests. signs of decreasing, in some cases by up to 20%, The country has experienced considerable provided one fulfils certain employer obligations. growth in prosperity and each household now has I confess my interest in this regard. It is essential two or three cars. Public transport is very poor in that the committee continues to highlight prob- rural Ireland in terms of connectivity with urban lems within the insurance industry, maintains centres and inter-urban routes. It needs to be pressure with regard to the need for change in developed and this slow process is being legislation and ensures that insurance companies embarked upon. However, it should be delivered are answerable to the committee and appear to with greater efficiency. have a role in the context of their dealings with Young people need other forms of transport fleet and individual insurance and the way in and many are queuing up to take their driving which standards are set and maintained. I com- test. Many rely on it to get a job and employers mend Deputy Cassidy on his work in this regard. are often forced to supply the would-be driver 1213 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1214 with a letter stating that they have a job subject will be not less than six and not more than 11. to passing the test. Those appointed to the board should have a rel- It highlights the frustration, particularly of evance to the authority and should have certain young people seeking employment, and of many qualifications to assist them in serving on the others who are relying on a system which is board. That is very relevant in the context of road creaking under pressure to deliver tests. safety, quality of instructors and so on. Perhaps The legislation is timely. I hope it has an the bodies that represent driving instructors or efficient passage through this House and that the the consumer should be represented on the board parts of the Bill aimed at delivering driving tests of the authority. to those that are waiting on the list — Deputy I have argued on many pieces of legislation Cassidy gave a figure of 370,000 — will result in about accountability to this House. I am pleased such people getting their tests earlier, from that under section 27 there is an obligation on the people who are qualified and who understand board that is appointed to account to the what is required on our roads and motorways. Comptroller and Auditor General. Far too often The waiting times in some areas, particularly in in legislation passed in this House we have Carlow-Kilkenny, are simply unacceptable. The ignored the responsibility we have, as legislators fact that in some cases and on some days people to take the financial accounts of the bodies that have to travel from Dublin to Kilkenny to carry we appoint, to peruse them, comment on and out those tests is also an indication of how the analyse them and to make recommendations. As system is creaking and in need of reform. vice-chairman of the Committee of Public Having looked at the waiting lists that exist and Accounts, I am glad to say we are taking a far the number of accidents occurring on our roads, more rigorous view of bodies and are ensuring there is a need for testers to be fully qualified and straight talking regarding those bodies, or up-to-speed with changes in terms of European quangos, that are accountable to the House. On standards and what is required on Irish roads. a regular basis we invite such entities to appear There is also a need for concentration relating to before us and ensure they answer the appropriate the instruction being undertaken by those waiting questions, including those put to members of the on the lists. I know many young people who are committee by the general public. This is a good anxious to have some off-road learning, to have example of legislation that includes provisions a site, perhaps a private one, available to them which recognise the need for greater account- where they could begin their driving instruction ability in the context of how we do our business at a cost effective and affordable price. Their as legislators. future employment prospects rely on the cost There is a need to look at the heavy goods being affordable. Otherwise, we will find more vehicles and how they are licensed. I am glad the and more people taking a chance, going out on Minister for Transport in his recent communi- the roads uninsured and without a licence. There cations — he has many of them relating to are far too many uninsured people and some have Members of the House — has outlined the agree- no licence either. We need to understand why ment he has made with the Irish Road Haulage they are there, rather than simply going after Association. I know he has had many meetings them and catching them, ensure they are brought with that organisation, that various issues of rel- back within the system, are encouraged by an evance were discussed and agreements were affordable testing system to take instruction and reached. I see the association having a major role a test and qualify and obtain the appropriate to play with regard to safety on our roads. I know insurance. Unfortunately, as the Joint Committee sites are being looked at in the context of provid- on Enterprise and Small Business, chaired by ing instruction and testing for heavy goods Deputy Cassidy, has highlighted time and again, vehicles and I hope that Kilkenny will be a real the type of insurance required is simply out of player in that regard. There is a need to ensure reach of many people, particularly the young. counties outside those with the main cities have In the context of the provisions of this Bill, I a role to play in the context of instruction and am glad that under section 9 it will be open to the testing for heavy goods vehicles. authority to engage in the publication and pro- We have seen many reports, on “Prime Time” duction of materials relating to the promotion of and elsewhere, on the road haulage area. I came better driving standards. I am told by those that from that industry and was a driver of a heavy provide driving instruction that they have to go goods vehicle in my earlier life. Drivers of such to the United Kingdom to get the most up-to-date vehicles can contribute both positively and nega- information on signage and instruction for those tively but with a small amount of work with their taking a test or driving on public roads. The Irish representative body, they could have an enor- equivalent of such information is simply non- mously positive contribution to make. I urge the existent or else is so out of date that it is not rel- Minister to continue his work with that body to evant. A number of Irish driving instructors have ensure we have a greater degree of safety relative been purchasing material from the authorities in to the type of vehicles that are on the road and the United Kingdom and adapting it to Irish the type of testing that is conducted. The ongoing needs and the standards that are set here. participation of the representative body, either Likewise, under section 12, I am glad the with the new authority or directly with the Mini- numbers appointed to the board of the authority ster, is absolutely essential. 1215 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1216

[Mr. McGuinness.] eral road safety to the authority. It is proposed The National Car Test has concerned me for that the Bill be amended to include enabling pro- quite some time, particularly the length of time it visions which will allow for the transfer to the takes to organise a test, as is also the case with authority of additional functions with a bearing the tests for heavy goods vehicles. We should get on road safety. The functions include the pro- to a point with this legislation and the conduct of motion of road safety awareness. The Bill already our business with both the private motorists and provides that the authority will have a general haulage companies where we are able to deliver duty to promote the development and improve- a test almost immediately with no waiting time. ment of driving standards. In this context it is It was brought to my attention recently that taxis appropriate that road safety education and pro- often have to wait an unreasonable length of time motion be transferred to the authority. to have even a new vehicle tested. That is very The feasibility of transferring the Department’s unfair and should be dealt with immediately. The responsibility for functions relating to vehicle cost for the yearly test for a taxi is unacceptably standards, much of which derives from EU legis- high. Taxi drivers are delivering a service and try- lation, is also being considered. It is suggested ing to make ends meet but the regulation and the that some of the detail and technical aspects of bureaucracy that surrounds the system has grown this work might be appropriate to transfer to the to a point where it is inefficient and not cost authority. effective. It needs to be adjusted to take account It may also be appropriate that aspects of road of the demands of the marketplace. safety research be transferred to the authority If we are making changes in this area, we which will effectively have a significant input into should begin by showing the Irish Road Haulage road safety through driver training and testing Association and the taxi drivers’ representative and vehicle testing. Areas relating to road haul- bodies that we are serious about our business, age may be appropriate to the authority, as understand their difficulties and are able to adjust referred to by a previous speaker, my good friend the system to create one that is more efficient, and colleague, Deputy McGuinness. Given the cost effective and will address their problems. likely remit of the authority, we should consider That is a challenge for the Minister and if he rises a change of name for the authority and this was to it and works at it he will achieve a lot for all of those involved in the industry, resulting in a referred to by a number of speakers in the debate greater awareness of safety and of the positive tonight, including another good friend of mine on contribution road hauliers and taxi drivers can the Opposition benches, Deputy Stanton. make in the context of making our roads safe and Many Deputies observed that the Bill does not the industry more efficient. make specific provisions as to the manner in which the authority will carry out its functions. Minister of State at the Department of Trans- The Bill defines the functions of the authority and port (Mr. Callely): I thank Deputies for their provides for an organisational structure within positive contributions to the debate. I acknowl- which the authority will operate. It sets out the edge the general welcome afforded to the Bill by responsibilities of the chief executive officer who Members of the House. will report to the board and provide that the In the course of the debate, Deputies raised authority will be empowered to engage in certain issues, some of which directly relate to the Bill commercial activities and to borrow money. and others to road safety in general. The purpose Crucially it requires the authority to carry out its of the Bill is to establish the Driver Testing and functions to certain standards as determined by Standards Authority whose primary responsi- the Minister of the day. It will be a matter for the bility will be the delivery of the driver testing chief executive officer and the board to deter- service. However, I can confirm to the House that mine how best to carry out the functions assigned consultants engaged by my Department have to the authority. recommended that the DTSA be given a broader Deputy Ryan made a specific reference to the remit to make it a more viable organisation and creation of a board to oversee the work of the enable it to better contribute to issues of road authority. Section 12 of the Bill sets out specific safety. I agree with a number of speakers who criteria for the selection of membership of the suggested considering options for a wider road board, as referred to by Deputy McGuinness. safety remit for the DTSA. This may present an Given the range of functions to be discharged by enhanced prospect for integrating and improving the authority, the board will have a significant road safety functions. I have had numerous meet- responsibility for giving direction and support to ings with the insurance industry and am confident the CEO and staff of the authority. I congratulate it would welcome the prospect of integrating and Mr. Noel Brett who has been appointed as chief improving road safety functions. executive officer of the authority and wish him I am advised that the establishment of a separ- well in his role. ate public sector body to deliver the driving test- Deputies called for reform of the driver licensing service and take responsibility for other func- ing system and the registration of driving instruc- tions more appropriate to an executive agency tors. The strategy for road safety 2004-2006 states than to a Department is also an opportunity for that driver licensing regulations will be amended the assignment of other functions relating to gen- to discourage long-term reliance on provisional 1217 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1218 licences. A range of measures to achieve this goal Deputy Olivia Mitchell referred to motorcycle is under consideration in my Department. accidents and I agree with her that this is an area The issue of the accountability of the new auth- of concern. Motorcycle riders are especially vul- ority to the Oireachtas was also raised. The chief nerable on the roads. The road safety strategy executive officer will be responsible for the pro- 2004-2006 proposes an implementation of a prog- priety of the authority’s accounts and the econ- ramme of compulsory initial practical training for omic and efficient use of its resources and will be motorcyclists. Work is ongoing with financial sup- accountable to any committee of the Houses of port being given to the Irish Rider Training the Oireachtas set up to examine its affairs. The Association to facilitate the development of a Bill provides that the chief executive officer shall network of motorcycle instructors which is an have regard to any recommendations of such essential prerequisite for any programme of com- committee relevant to the authority’s functions. pulsory training. Many of the contributions from Deputies I do not believe there is a need for compulsory focused on the driving test and the means by training as the instructors are available. I hope which it could be improved. I concur with those more motorcyclists will avail of the existing prog- seeking enhancement and improvement of the rammes. As a motorcyclist myself I was recently test. The test follows an EU standard and it is approached by a noted well-known media per- similar to the test in the North and in the United sonality who, like me, is back motorbiking follow- Kingdom. It is interesting to note that testing on ing a period of years off the bike. He brought to motorways or night-time testing is not a feature my attention the motorbike course run by Fingal of the test in these islands. Despite this, the UK County Council on which I congratulate the has a relatively good road safety record when council. The Garda Sı´ocha´na also organises an compared with other EU countries. excellent training course and commercial instruc- The purpose of the test is to assess whether a tors are also available. Motorcyclists should be person has reached a certain standard of driving encouraged to avail of these courses. A working competence. Deputy Stanton stated that passing group has also been established to examine the the test does not mean a person is an excellent standards that must apply to such training and driver and ready to take on any situation and this how such training might be delivered. point struck a chord with me. The process of Deputies referred to long waiting times for developing further driving skills and experience driving tests. I accept the point that there should is ongoing over years. be little or no waiting period for a motorist who The issue of variations in the pass rate at differ- is ready to take the test to be called for it. That ent test centres was raised. This is a fact of life is the service I would like to see in place. My and is also the case in other countries. Various officials in consultation with the Department of reasons have been advanced, such as demo- Finance agreed a package of measures to reduce graphic factors and standards of instruction. The the numbers on waiting lists by up to 80,000 by Bill gives the authority the responsibility for the regulation of driving instruction. This will require the end of next year. Engagement with unions those in the industry to meet predetermined stan- about the implementation of these measures has dards which will cover not only their own ability commenced. The measures include an additional to drive but will also ensure that those meeting productivity incentive in the form of a bonus the standard will have the necessary instructional scheme for testers, the details of which have to skills to deliver the message to the novice driver. be finalised in consultation with the staff, the The registration process will benefit driving recruitment of additional driver testers as well as instructors. Persons taking lessons will have outsourcing a block of tests to an outside body. greater confidence in the quality of instruction An outsourcing option is necessary to make sig- given and this will lead to better and safer drivers. nificant inroads into the backlog of tests within a Deputy Shortall and others raised a specific reasonable timeframe. The outsourcing arrange- issue concerning the treatment of existing driving ments will include provisions to ensure that a con- instructors. All instructors must demonstrate that sistent and high standard of test is delivered. they have reached the required standard in the There is no question of allowing standards to slip. interests of ensuring an appropriate standard of I wish to clarify the number of driving testers instruction applies throughout the country. Dur- employed. There are 117 testers, six of whom ing the period of transition when all new instruc- were formerly retired. The number is one fewer tors will be required to undergo appropriate tests, than at this time last year and compares to 66 existing instructors who can show they are bona testers in 1998. In addition to the testing corps, fide instructors will be allowed to continue there is a chief tester and ten supervisory testers. instructing before undergoing the appropriate I was asked about the gender balance among competency tests. The length of the transition driving testers. Eight of the 117 testers are period and the manner in which the competency female. I encourage females to apply for the posi- of existing instructors is assessed during that tion of driving tester and there is no barrier to period will be considered in the context of the prevent females from joining the driving tester drafting of regulations to require instructors to be service. When these figures become known, we registered to give instruction for reward and the might be able to encourage more females to join establishment of the authority. this service. 1219 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Second Stage (Resumed) 1220

[Mr. Callely.] responsible than the previous generation in many Deputy Ring asked whether staff from my aspects related to motoring, in terms of—— Department joining the DTSA would retain their Civil Service status. The proposal is to transfer Mr. Stanton: I fully agree with the Minister of members of staff to the authority with a guaran- State. tee that their existing terms and conditions will be protected. I am concerned that the retention Mr. Callely: ——in terms of speed, the con- of Civil Service status and the consequent align- sumption of alcohol and everything else that goes ment of the grading structure in the new authority to ensure road safety and good driving. I take this with Civil Service structures might prove to be opportunity to congratulate our young people on overly restrictive on the authority in carrying out their responsible attitude in the manner in which its functions, which may require a more flexible they go about their driving. I hope the insurance staffing structure to apply. Nonetheless, I recog- companies will acknowledge that and accommo- nise that staff have genuine concerns that I am date them by offering them more appropriate prepared to consider with a view to alleviating renewal premiums. In response to such a request them in the most effective way possible without the insurance companies will point out that they compromising the ability of the DTSA to deliver must examine the statistics and that when there a quality service. I intend the process of setting is an improvement in that respect they might be up the DTSA to be open and transparent and to able to accommodate that request. I hope that go forward in the spirit of partnership with all the working together we will be able to continue to staff associations. make the types of developments we have wit- I do not accept Deputy Ring’s characterisation nessed such as the one to which I referred regard- of the legislation and the setting up of the DTSA ing the responsible attitude of young motorists. as a money making racket. Safety on our roads is The National Safety Council has developed a an extremely important issue and this Bill is a number of educational programmes for pupils of serious attempt to tackle it. primary and secondary schools. The Garda Sıóch- During the debate many Deputies referred to ańa has a great programme in place involving a the accident rate among young people. There is limited number of personnel. The Garda Com- no doubt that young people, particularly young missioner might consider increasing the number males, are over-represented in accident statistics. of gardaı´ involved in that safety programme. There are the consequences that young people There are great programmes available to schools. can under-estimate danger while driving and The National Safety Council focuses on younger over-estimate their driving ability and skills. Nov- road users. A strategy of its safety awareness ice drivers do not have the same level of auto- campaign is that it is very much directed at the matic driving skills as experienced drivers and young driver. such skills take time to develop. A number of Deputies referred to a captive A national analysis of young driver accidents in audience among secondary school pupils in tran- 2000 carried out by the National Roads Authority sition year in terms of participating in such prog- highlights the scope of the problem. In 2000, the rammes. I support the view that this opportunity fatality rate was much higher for those aged 18 to should be explored in greater detail. 24 than for any other age cohort. The death rate A noted driver with a successful track record in the age group 18 to 24 years was more than ten in motoring, particularly in rallying driving, and a times higher for males than for females. This is good friend of mine, Rosemary Smith, has been also reflected in the difficulties facing young promoting a programme for some time that people in obtaining motor insurance at a reason- would be of enormous benefit if targeted at tran- able premium. The most frequent occurring error sition year students. A difficulty in introducing for young drivers involved in two-vehicle colli- such a programme, as pointed out by a number sions is exceeding the safe speed limit. of Deputies, would be the manner in which it There is a perception that provisional licence could be rolled out nationally. While we can drivers are more involved in accidents but there examine that, there are other steps we could take is no substantial evidence to support this view. Of to explore opportunities, particularly in co-oper- the 232,820 drivers who incurred penalty points ation with the National Safety Council, the Garda as of 30 April 2005, only 6% were provisional Sıóchańa and the Department of Education and licence holders. The formation of good attitudes Science, in regard to the curriculum and oppor- to driving is of particular importance. Accord- tunity presented in transition year. ingly, young people are the target of much effort Deputy Stanton referred to the opportunity to promote road safety in Ireland and in other presented in this area during transition year and countries. he referred to substance abuse. He referred to Deputy Stanton mentioned that two of his chil- two other points to which I wish to refer, one dren are coming into the league of young motor- being the impact of tiredness on motorists. I ists and I am in the same class as the Deputy in clearly signal that tiredness can kill, a point to that respect. I note the responsible attitude to which Deputy Stanton alluded. I encourage local driving not only among my children but among authorities to place a warning sign to this effect their friends. I have the height of admiration for — as I have witnessed in some counties but more young motorists today. They seem to be far more particularly overseas — in their catchment areas. 1221 Driver Testing and Standards Authority 29 June 2005. Bill 2004: Referral to Select Committee 1222

Records show that tiredness can kill. Deputy Member of the House if there is an issue with Stanton also referred to pedestrians and cyclists. local authorities in terms of directional, safety or I encourage local authorities to favourably exam- other road signage that is required. ine pedestrian and cycling strategies as these are important factors if we are to encourage people Mr. Neville: Will the Minister of State mind if to walk and to cycle, a point to which the I take this up with Limerick County Council on Deputy alluded. his behalf? Deputy Cassidy raised the issue of the cost of motor insurance. I am pleased to inform the Mr. Callely: I will be happy to meet any council House that I have had one to one meetings with in that regard. the chief executive of each insurance company operating in Ireland and I have also had a round Mr. Neville: The Minister of State does not table meeting on this issue. I am progressing in have to meet the council. He just has to take up such interaction with the insurance companies to the issue with it. address a number of issues to which Deputy Cassidy referred. Mr. Callely: I ask every Member to encourage Deputy McGuinness referred to the Garda local authorities to ensure that appropriate sign- traffic corps, school bus transport and signage. age is in place. I will certainly encourage, support Good progress has been made in regard to the and assist Deputy Neville in whatever way I can Garda traffic corps. I do not know the exact with his local authority. number of personnel who were in the Garda traffic corps but it was approximately 300 and we Mr. Neville: I thank the Minister of State. are increasing that number to just shy of 500. We have a target to increase the number of personnel Mr. Callely: I pay tribute not just to Dublin Bus to 1,200. We have put a management structure in for which I have the height of respect because it place in this regard including an Assistant Com- is going about its business and developing its missioner, an inspector and so on. We have also services in a proactive manner — it was men- begun to improve the supports that are available tioned by Deputy McGuinness in the context of by way of vehicles as well as through information suburban services — but also to Bus E´ ireann and technology and so forth. The establishment of the its new acting chief executive, Mr. Tim Hayes, for traffic corps is under way and it is to be hoped the manner in which the company has developed we will see the benefits. services throughout the country and ensured that School bus transport has always been a matter the social requirements of villages and parishes of major concern. I again sympathise with those are accommodated. That will continue. involved in the Kentstown tragedy. That has put I say to all the Members that have made spec- a particular focus on school bus transport. I am ific points that I do not have the time or oppor- pleased to inform the House that my Depart- tunity to reply. The Leas-Cheann Comhairle is ment, along with the Department of Education about to call me to order regarding the time I and Science and others, is determined to be as have available. proactive as possible to ensure that the best international standards prevail in school bus transport. An Leas-Cheann Comhairle: The Minister of I must be cautious as we are awaiting the reports State has unlimited time. of the investigation arising out of the Kentstown incident and I hope these will be available as soon as possible. Mr. Callely: I will wrap up by saying that if it is acceptable to the House, I will ask my officials I refer to two other issues raised by Deputy McGuinness. One is signage. I support the view to contact directly those Deputies who sought a that directional and safety signage are important specific response to issues raised during this and can be of great additional benefit. We are debate. It might be more helpful and productive talking about very small money in this regard, so for the House to go about our business in that it is not a financial issue. fashion. I thank my officials and the Deputies for Mr. Neville: The situation is dire in rural areas. engaging in such a good constructive debate on all the issues raised. I am pleased to commend Mr. Callely: It should not be and let somebody the Bill to the House. point the finger to me if this is a financial issue, because we will resolve it. Question put and agreed to.

Mr. Neville: My county council area in Driver Testing and Standards Authority Bill Limerick is a disaster for tourists, even for locals, 2004: Referral to Select Committee. in terms of directing people. The situation is Minister of State at the Department of Trans- abominable. port (Mr. Callely): I move: Mr. Callely: The cost of a simple sign is very That the Bill be referred to the Select Com- small in real terms. I am happy to work with any mittee on Transport, in accordance with Stand- 1223 Health and Social Care Professionals Bill 29 June 2005. 2004: Second Stage (Resumed) 1224

[Mr. Callely.] the other seven — a majority — are from outside ing Order 120(1) and paragraph 1(a)(i) of the the profession and nominated by the Minister for Orders of Reference of that committee. Health and Children. It is important that the seven nominated people Question put and agreed to. include a member or members of the public so that the views of the users of the particular health service are represented. Only in this way may Health and Social Care Professionals Bill 2004 transparency be achieved. Once transparency and [Seanad]: Second Stage (Resumed). openness is present, trust will be delivered. For too long within health care and outside it, pro- Question again proposed: “That the Bill be fessions have operated within their own narrow now read a Second Time.” structures of governance. By bringing in outside Dr. Devins: I thank the Leas-Cheann Comh- viewpoints, a greater degree of understanding of airle for allowing me the time speak on this how a profession operates is achieved. The end important legislation, namely, the Health and result is of benefit both to the patient and the Social Care Professionals Bill 2004. This legis- particular profession in question. This has already lation comes to the House from the Seanad where happened in medicine and I have no doubt that it was passed recently. the Medical Council is now a much stronger and There has been much discussion both within more effective body as a result of the contri- the House and outside on health matters. The butions of its non-medical members. The views of provision for the health service costs approxi- the consumers of each service will be heard and mately \11 billion in the current year and I acted upon, thereby ensuring that the profession strongly believe that the service patients receive as a whole is strengthened. must be of the highest order. For that to happen I also welcome the establishment of the overall it is essential that the staff delivering the service health and social care professionals council, are well-trained in the first instance and, in the which will have 25 members, one each from the second, they are subject to a continuous statutory 12 disciplines I have mentioned, with the remain- process of regulation during their professional ing 13 coming from outside. This council will lives. Members of the public must have faith in ensure consistency and uniformity of practice the professionals who treat them. They must be among the 12 registration boards under its con- assured that they are suitably trained and fit to trol. When a complaint is received by the council, practice to the highest standards. If this does not I hope it will be dealt with in a logical manner. It occur, the public might have some doubts about will be reviewed first by a preliminary procedure the persons treating them being suitably quali- committee which will decide if the complaint is fied. That is the purpose of regulation — to sufficiently serious to warrant further action. In ensure that members of the public know they are this way, frivolous complaints can be dealt with receiving a service from people who are com- expeditiously, while genuine complaints will be petent and properly qualified to deliver it. That more thoroughly investigated. In the interests of is why this Bill is important and timely. fairness and transparency, genuine complaints At present only a handful of health care staff should be dealt with quickly and without delay. are subject to statutory regulation. These include Having a complainant wait for years to have his nurses, dentists, doctors, opticians and pharma- or her case heard is wrong and would act as a cists. However, many other professionals supply deterrent to openness and transparency. valuable services in health. This Bill aims to regu- I also welcome the fact that most complaints late 12 different health care professions: chirop- will be heard in public. If it is believed that the odists, chemical biochemists, dieticians, medical case has been caused by a practitioner’s ill health, scientists, occupational therapists, orthoptists, either physical or emotional, it will be heard in physiotherapists, psychologists, radiographers, private by a specific health committee. The list of social care workers, social workers and speech sanctions which may be imposed on a practitioner and language therapists. All these groups provide if he or she is found guilty of misconduct is com- a vital and valuable role in the provision of health prehensive and ranges from censure to erasure of care. I strongly believe that the system of regu- the practitioner’s name from the relevant register. lation, which must be done on a statutory basis, By having such a wide ranging complaints pro- will ensure that members of the public will have cedure, members of the public can have confi- people supplying their care that are competent dence that the highest standards of behaviour and fit to do so. from their respective practitioners are I have no doubt that the 12 professions I have maintained. mentioned which are the subject of this Bill, I refer to Part 7, encompassing sections 78 to provide excellent services and that their members 80, inclusive, which deal with the protection of are properly trained to do so. However, once the titles. It is important that there is no confusion Bill becomes law, the protection afforded to the among members of the public regarding the use public will be greatly enhanced. In practice each of a title to describe a particular profession. profession will be regulated by a registration Before I was elected to the House, I worked as a board comprising 13 members, six of which will general practitioner and had contact in my work be members of the respective profession, while with members of all the professions I mentioned 1225 Health and Social Care Professionals Bill 29 June 2005. 2004: Second Stage (Resumed) 1226 and which are the subject of the Bill. At all times, this will emerge in due course. I commend the I was very impressed by the high standard of the Bill to the House. professional work I encountered. All the professions, in their own respective ways, play a vital Mr. Neville: In response to Deputy Devins, it role in the workings and delivery of the health was very disappointing that the views of the service. Opposition were not accommodated in the report However, a degree of confusion surrounds one of the Joint Committee on Health and Children, profession, namely, with regard to the titles of as they have been in many committee reports on physiotherapy and physical therapy. All over the issues about which opinion has been diverse. In world these titles are interchangeable, especially fairness to the former Chairman of the Joint in the United Kingdom, Northern Ireland and the Committee on Health and Children, Deputy Batt United States. I understand the professional O’Keeffe, diverse opinions were accommodated qualifications and requirements are the same for under his chairmanship. Another committee of both titles in 92 countries. Indeed, the world rep- which I was a member, the All-Party Committee resentative body is known as the World Confed- on the Constitution, also accommodated highly eration of Physical Therapists and has consultant diverse opinions on the issue of property rights. status with the United Nations and an official I welcome this opportunity to contribute to the relationship with the World Health Organisation. Health and Social Care Professionals Bill 2004, Physiotherapy in Ireland is a four year degree which provides for the establishment of a system course awarded by four universities, namely, of statutory registration for certain health and Trinity College Dublin, University College social care professionals. In the brief time left to Dublin, the College of Surgeons and the Univer- me, I ask the Minister of State to assist me with sity of Limerick. Courses have been in existence regard to information I sought from his senior for more than 100 years and the first school of Minister by means of parliamentary questions. physiotherapy was founded in 1905, exactly 100 The information requested is usually provided years ago. within four days of tabling a parliamentary ques- If physiotherapists all over the world are tion. On 10 May, I asked the Minister to provide known as physical therapists, surely the same data on the budget for suicide research and pre- should apply here. Consumers, that is patients, vention in 2005. I have tabled a similar question should have a clear understanding of the qualifi- each year for many years and usually receive a cations and training of each professional they reply within four days. attend. The same position should apply in Ireland It is important to have this information as it as applies all over the world. Perhaps this issue enables me to participate in debate on suicide will be addressed when the Bill is referred to prevention and research. On tabling the question committee but there must be no confusion and no on 10 May, the Minister, instead of issuing a chance of confusion in the minds of members of response, referred it to the newly established the general public as to the qualifications of the Health Service Executive. Seven weeks later, I profession they attend. still await the information requested. It is frustrat- I wish to refer to a comment made by a pre- ing that I was provided the information in previous speaker in regard to the workings of the vious years within four days, which allowed me to Joint Committee on Health and Children, of participate in debate on the issue of suicide and which Deputy Neville is a prominent member. exchange views with Ministers on the matter. As The speaker referred to the committee’s recent the recess approaches, I do not have the facility prolonged deliberations on the Travers report. to elicit the information as the Minister would From the start of the joint committee’s hearings refer any further parliamentary questions to the on the report, it was obvious that certain Health Service Executive again. Will the Minister members were determined to ensure there would of State please—— be a political killing. Mr. S. Power: Recess or no recess, it is not Mr. Neville: Rubbish. acceptable that the Deputy should have to wait so long. I will make inquiries on his behalf tomor- Dr. Devins: Despite the long hours of evidence row and get back to him immediately. members of the committee heard, the Opposition failed completely to achieve its narrow political Mr. Neville: I appreciate the Minister of State’s aim. undertaking. I ask him to consider another issue about which there is no point submitting a Mr. Neville: I refer the Deputy to the pro- parliamentary question because it, fessional views the former Ombudsman 10 o’clock too, would be referred to the Health expressed on the matter. Service Executive. In May each year the Fine Gael Party tables a parliamentary ques- Dr. Devins: To cite the Joint Committee on tion to the Minister for Health and Children Health and Children as an example of groups try- requesting statistics on deaths by suicide and var- ing to protect their own, as has been done in the ious subcategories such as gender and age group House, is to miss completely the point of the for the previous two years. On submitting a hours of deliberations we undertook but all of similar question last week, I was informed the 1227 Ombudsman for 29 June 2005. Children 1228

[Mr. Neville.] primary objective of the Ombudsman for Chil- information was not available. I do not under- dren Act — the establishment of an ombudsman stand the reason statistics on the various categor- to promote the rights and welfare of children. ies of death by suicide are not available from the The exclusion of certain groups of children Central Statistics Office given that it was avail- from the investigatory remit goes against the let- able in May of previous years. I appreciate a ter and spirit of the UN Convention on the Rights different Department may be responsible but, of the Child, which states that children’s rights again, the absence of these statistics stymy debate institutions should proactively reach out to all on the issue of suicide. groups of children, in particular the most vulner- I welcome an opportunity to discuss the Bill able and disadvantaged, such as children in care and appreciate the tolerance of the Leas-Cheann Comhairle in allowing me to ask the Minister of or detention, refugee or migrant children and State for assistance in the matters I have outlined. other groups. Institutions should have the right of Sometimes the reason doctors refuse to make a access in conditions of privacy to children in all complaint against a colleague is not to cover up forms of alternative care or other places. issues but because genuine protection is not In its present form, the Ombudsman for Chil- afforded to doctors who are concerned about cer- dren falls short of the level of protection offered tain practices and wish to make a complaint. The to children in other countries. This is demon- Dr. Michael Neary case is a good example of how strated by comparison with the situation in colleagues and other professionals may become Northern Ireland and in Scotland. The Com- concerned about the consequences of making a mission for Children and Young People in complaint. Northern Ireland contains no specific exclusions on asylum, immigration, naturalisation or citizen- Debate adjourned. ship nor on the administration of prisons or other places of detention or of the custody of children. Adjournment Debate. In Scotland the Commission for Children and Young People provides that the commissioner ———— may investigate any service provider for young people or children in regard to the extent the Ombudsman for Children. service provider has regard to the rights, interests and views of children and young people in mak- Mr. Neville: I welcome the opportunity to raise on the Adjournment the first report of the ing decisions that affect them. Ombudsman for Children, which was published Under the Good Friday Agreement, the Irish yesterday. As someone who campaigned with and British Governments are committed to pro- former Deputy Austin Currie for an Ombudsman viding parity of protection to the rights of all for Children, the publication of her first report is people on the island. The State has fallen short an important event and I congratulate Emily of the level of protection offered to children in Logan and her staff on their work in establishing Northern Ireland. The Office of the Ombudsman the office. The first year was difficult because for Children will seek to resolve this situation and there was no office or support but Ms Logan has will ask the Minister to look at amendments to now established a presence in this area. In future the Ombudsman for Children Act 2002. I put the we will look forward to reports that will have a need to amend the Act to the Minister to deal significant impact on children’s rights. with the Ombudsman for Children’s concerns. We must look at the limitations and exclusions in her role that she has raised, particularly the Minister of State at the Department of limitations that apply to children in certain places Enterprise, Trade and Employment (Mr. of detention, the Garda Sıóchańa, the admin- Killeen): I will take the adjournment on behalf of istration of asylum, immigration, naturalisation my colleague, Deputy Brian Lenihan, Minister of and citizenship law, provision for the exercise of State with special responsibility for children. I ministerial veto on investigation and the Defence thank the Deputy for raising this matter as it pro- Forces. Central to the office’s concern is that vides me with an opportunity to outline to this these limitations will remove from its investigat- House an update on this matter. ory remit some of the most vulnerable children The Ombudsman for Children recently issued and young people in the State. her first annual report. The Ombudsman for Chil- The Ombudsman for Children Act provides dren was appointed in December 2003 and the that the Ombudsman for Children should pro- office was formally established in April 2004 with mote the rights and welfare of children. The a staffing complement of nine. The report covers ombudsman considers it an obligation to promote the period from April 2004 to April 2005. the rights of all children equally. To exclude any The role of the Office of the Ombudsman for group or class of children from the reach of the Children is twofold: to promote the rights and Ombudsman for Children’s investigatory powers welfare of children and to investigate complaints. by virtue of immigration status or detention in On the investigation of complaints, the office place not covered by the Act is to go against the has a wide remit that includes public bodies, 1229 Migrant 29 June 2005. Workers 1230 schools and voluntary hospitals. This remit workers who are at risk following the collapse of exceeds that of the Office of the Ombudsman, a firm in Portumna; the increasing vulnerability which has sought a similar wide-ranging remit for of migrant workers affected by sudden closures in several years. During the period under review, the construction industry, often on public con- 177 complaints were received which, for an office tracts, without notice; breaches of statutory regu- in its infancy, must be seen as substantial. The lations and general absence of protection; the majority of complaints — 51% — related to edu- need for a hardship fund to address their immedi- cation, 16% related to health and just over one ate needs and such statutory changes as will meet quarter concerned child protection, social welfare their basic rights. In the service industry foreign entitlements, civil proceedings, asylum and workers are being exploited, particularly in terms immigration. of accommodation. They are charged for any- Actions excluded from the remit of the thing they consume on the employers’ premises, Ombudsman for Children are broadly similar to even for glasses of water. Will the Minister of those of the Office of the Ombudsman. In the State inform the House what is the situation with annual report the Ombudsman for Children regard to the number of hours foreign workers addresses a number of areas in which her powers work each week? Who is on the inspectorate? of investigation are limited. These include chil- How many reports has it carried out and have dren in certain places of detention, the Garda any of them been published? Sıóchańa, administration of the law relating to Migrant workers are the among most vulner- naturalisation, immigration, citizenship and asy- able in society. Events this week bear this out. lum, the Defence Forces and provision for a min- The group of workers laid off as a result of the isterial veto in investigations. These limitations actions undertaken by Kingston Construction are in place as a result of independent bodies hav- Limited are now in a most invidious position. ing investigation powers, such as the visiting com- These workers were employed by a company mittees for prisons and places of detention and engaged by Galway City Council. It has now the plans for a Defence Forces ombudsman. moved to secure the site, it having been aban- The ministerial veto also exists in the Act doned by the company. However, it is beyond establishing the Office of the Ombudsman and comprehension that public money could be spent has never been used. The provision is in place to in this fashion. The city council engaged a com- protect both the Minister and the Ombudsman pany that did not comply with a registered agree- for Children. It ensures that the Minister is ment as it relates to pension rights as well as rates accountable to the Oireachtas by avoiding any of pay. It is incumbent on State bodies to ensure interference in the role of the Minister. It also that tenders for work which are accepted are protects the Ombudsman for Children as such a compliant with the relevant registered agreement. request must be in writing and it would be A proper system of checks and balances must be expected that the Ombudsman for Children implemented to ensure workers are protected. In would include this in any report to the the event of the kind of incidents that occurred Oireachtas, thus ensuring transparency. in Galway city and county recently, it is worth As can be seen from the report, the establish- noting that many workers, particularly migrant ment of the Office of the Ombudsman for Chil- workers such as those affected by the abandon- dren has been very successful. The Ombudsman ment of a public contract, are increasingly vulner- for Children adds a central plank to promoting able. Such workers affected by sudden closures children’s rights and welfare, along with without notice in the construction industry are investigating complaints relating to issues affect- suffering breaches of statutory regulations and a ing children. It is a major step forward in imple- general absence of protection. menting the national children’s strategy, partic- When what happened in Galway arises, what ularly the first goal, which is concerned with immediate provisions are there for such workers, giving children a voice. especially non-Irish workers, made redundant in I am pleased to report that the National Chil- this manner? What recourse do these people dren’s Office has made excellent progress in have? What arrangements are in place for those ensuring the development of structures to give workers from within the EU, those from outside children a voice and recently published national the EU and those from the new member states of guidelines with the NGO sector on participation the EU but who are in a minority in their state by children and young people. and do not enjoy full citizenship rights? There have been reports of people from some Baltic Migrant Workers. states not receiving the full benefits and protec- Mr. M. Higgins: I wish to raise the need for tion of EU membership. Beyond these questions, protection under the social welfare scheme of there is a clear and urgent need for a hardship workers, particularly migrant workers, such as fund to address the immediate needs of workers, those affected by the abandonment of a public such as those in Galway who lost their jobs. There contract for the refurbishment of Eyre Square in is now a pressing requirement for statutory Galway for Galway City Council and earlier the changes that will meet their basic rights. Where 1231 Migrant 29 June 2005. Workers 1232

[Mr. M. Higgins.] ing of the labour inspectorate. A restatement or accommodation has been booked and organised consolidation of employment rights legislation by the putative employers, in the event of the forms part of this agenda. This work will lead to contract being broken, as in this case, in what the establishment of better streamlined proposition do such employees find themselves? Is it cedures for complaint resolution for employees possible for them to apply for rent allowance? together with more effective investigation and The Government must act to protect the least enforcement to deal with the detection and, powerful in society. Migrant workers are some of where appropriate, the prosecution of breaches those with the least clout in Ireland. This has found. All workers, including migrant workers, been seen as a result of Kingston Construction will benefit from these improvements. Limited’s action and the previous company to These are the positive initiatives that are under which I referred. I call on the Minister of State to way to improve the legislative environment in the answer the questions I have raised and to indicate context of employment rights and to address such actions he proposes to take in this regard. breaches of statutory regulations. While I understand this is not the situation in the case in ques- Mr. Killeen: I welcome this opportunity to tion, there is provision for the protection of address the House on the day when the Minister workers’ entitlements where their employer has for Enterprise, Trade and Employment, Deputy gone into liquidation or receivership. The insol- Martin, published the Employment Permits Bill vency payments scheme, which is administered by 2005. The Bill contains a variety of provisions the Department of Enterprise, Trade and designed to deal with concerns expressed about Employment, enables employees to claim, either the protections available to immigrant workers through the liquidator or receiver, arrears of pay, from outside the European Union employed in holiday pay, pay in lieu of statutory notice and Ireland. various other pay related entitlements that may Protections set out for workers under the pro- be owed to them by their employer. The scheme visions of all employment rights legislation are operates under the Protection of Employees equally applicable to all workers, whether a per- (Employers’ Insolvency) Act 1984, and payments son be Irish or a foreign national. For the avoid- are made from the social insurance fund. Where ance of doubt, section 20 of the Protection of a payment has been made to an employee under Employees (Part-Time) Work Act 2001 provides the scheme, the Minister for Enterprise and that all employee protection legislation on the Employment becomes a creditor against the Statute Book applies to workers posted to work employer in place of the employee. in Ireland. The employment rights information unit in the Mr. M. Higgins: What do they do in the short Department of Enterprise, Trade and Employ- term? ment is active in supplying information on Mr. Killeen: Where workers are dismissed by employment rights to employees. Last year, reason of redundancy, the Redundancy Payments 150,000 inquiries were dealt with by this unit. Acts require, subject to certain conditions, that Officials have given several talks on employment employers make statutory payments to these rights to a range migrant worker groups. Infor- workers amounting to two weeks’ pay for each mation on employment rights is available in leaf- year of service up to a ceiling of \600 per week, let form from the Department and is also avail- plus a bonus week. Any person who is laid off by able on the Department’s website. his or her employer is entitled to unemployment In matters of investigation and enforcement benefit or assistance provided he or she satisfies the labour inspectorate of the Department makes the normal qualifying conditions for receipt of no distinction between Irish and migrant workers payment. In the case of unemployment assist- whether they are from inside or outside the Euro- ance, these conditions include the requirement to pean Union as regards the provision of infor- be habitually resident in the State. mation and enforcement activity. With regard to the labour inspectorate, it is appropriate that Mr. M. Higgins: That includes all the Poles—— since January of this year steps have been taken which mean the complement of Inspectors will An Ceann Comhairle: Allow the Minister of have almost doubled from 17 officers to 31 once State speak without interruption. current recruitment activities are completed. I expect this to happen soon. Mr. Killeen: In the case of a non-EEA national Apart from the increases in resources there is who becomes unemployed but who has been further significant activity on the employment granted permission to remain in the State until a rights front. Arising out of Sustaining Progress, particular date by a Garda registration officer on work is under way to address issues identified in foot of a work permit, he or she is considered to the report of the review group on the employ- be legally resident in the State up to the expiry ment rights bodies and in the discussion docu- date on the visa, even if he or she has lost his ment which focused on the mandate and resourc- or her employment prior to that date. Subject to 1233 Commercial Payments 29 June 2005. Directive 1234 satisfying all the statutory conditions for entitle- mentation or the work. They were told they ment to payment, a non-EEA national who is leg- would not be paid. When the subcontractors ally resident in the State under these circum- threatened legal proceedings, they were told it stances may receive payment of unemployment would take three years to get to court and by then benefit or assistance up to but not beyond the they would be bankrupt. Instead, they were made expiry date on the visa. The supplementary wel- an offer of approximately half of what they were fare allowance scheme is the safety net within the owed to take or leave. overall social welfare system in that, subject to It is a clever scam because it uses the laws qualifying conditions, it provides assistance to any drafted by this House in good faith against the person in the State whose means are insufficient very people for whom laws are drafted to protect to meet their needs and those of their — the most vulnerable. We all know, sometimes dependants. from bitter experience, that the law favours the The Employment Permits Bill clearly sets out rich and that justice delayed is justice denied. A in legislation the procedures relating to the appli- small contractor will have little choice but to risk cation, grant and refusal of work permits. It going into further debt if he or she decides to allows for the introduction a green card type take on a larger contractor. The scam also works system for highly skilled migrant workers, and for because we have no effective prompt payments the means to establish the number of employ- legislation. I remind the House that payment ment permits in total and by sector and to iden- delayed is also payment denied. However, the tify the skills and employment categories in legislation only governs public bodies and does respect of which employment permits may be not cover the private business sector. granted. It will grant the work permit to the Yesterday, before I raised this matter in the employee rather than the employer. However, for House while some hauliers protested outside the reasons of traceability and the enforcement of gates of Leinster House, I was only aware of ten employees’ rights, the practice of the employer companies which faced this difficulty. Today, fol- applying for the permit will continue. The lowing coverage in the national newspapers, sev- employment permit will contain a statement of eral more have come forward to state that they the rights and entitlements of the migrant worker, also face financial ruin at the hands of Glenman including that the employee may change employ- Corporation. A plant hire company is owed ment through the application for another work \180,000, a site security company is owed \10,000 permit by a new employer. This will provide and a haulage company is owed \206,000. This is migrant workers with greater freedom and Government money not reaching people who flexibility. work on Government projects. I spoke to one The Bill prohibits employers from deducting man who owes \400,000 to the people he hired recruitment expenses from remuneration and to carry out this work. His apartment has been from retaining workers’ personal documents. It ransacked — we suspect by the creditors — his introduces significant penalties for breaches of wife and children have been obliged to move out the legislation, comprising fines to a maximum of of the family home and he has not slept in his \50,000 or terms of imprisonment not exceeding family home for four weeks because he fears for five years. These provisions give additional pro- his life. tections to migrant workers beyond those already Another women who recently started a clean- in existing employment rights legislation. ing firm has been obliged to move out of Dublin to Wicklow. Her two vans have been repossessed Commercial Payments Directive. and she is living in fear of her life, not because Mr. Sargent: Ba mhaith liom buı´ochas a ghab- she has done anything wrong, but because she has ha´il leis an gCeann Comhairle as ucht cead a been let down by our courts and our legislation. thabhairt dom an cheist tha´bhachtach seo a ardu´ This story will grow bigger as time passes and anocht. Over the last month I have received more people come forward. I believe the scandal deputations from representatives of ten small and is bigger than the Gama one with which we are medium-sized indigenous companies operating in familiar. I appeal to the House to recognise that the construction sector. They alerted me to a the long-term prosperity of this country depends particular scam that is widespread and to an enormous extent on small to medium-sized straightforward. indigenous companies. As a country, we will A construction company, in this case Glenman come to ruin if we do not legally and effectively Corporation of County Galway, won a Govern- protect sole traders and small and medium-sized ment contract to build council housing in For- companies. This does not mean grants, State tunestown, south County Dublin and in Bally- loans or other funding, nor does it mean tax mun, Dublin city. It hired sub-contractors to do breaks. Legally, small companies are entitled to most of its work. When the work was completed protection. and the sub-contractors presented invoices, in I appeal to this House to reform the prompt one case for \374,000 and \254,000 in another, payment legislation to include all business trans- some contrived fault was found in the docu- actions, to reform legal structures to make it 1235 Probation and 29 June 2005. Welfare Service 1236

[Mr. Sargent.] transactions between undertakings are not met affordable and accessible to all sectors of society within 30 days, unless otherwise specified in a and to make it quick and effective. Most of all contract or agreement. A payment is regarded as however, I appeal that we examine the way in late when 30 days have elapsed unless an alterna- which we award Government contracts so that tive payment period is specified in an agreed con- unscrupulous companies no longer have the tract. In the case of an agreed contract, payment power effectively to drive small companies to is regarded as late if the payment period exceeds ruin. the date or end of the period for payment specified in the contract. Where the contract does not Mr. Killeen: Gabhaim buıóchas leis an Teachta specify a payment period, a default payment an t-a´bhar ta´bhachtach seo a chur os a´r gcomhair period of 30 days will apply. This 30-day payment anocht. I understand that the company in ques- period begins on the date of receipt by the pur- tion has contracts with Ballymun Regeneration chaser of an invoice for payment or the date of Limited, South Dublin County Council and receipt of the goods or services where the date of Dublin City Council for the construction of a receipt of the invoice is uncertain or the pur- number of local authority housing schemes. The chaser receives the invoice before the delivery of schemes for Ballymun Regeneration Limited the goods or services in question. In cases where involved are Sillogue, phase 3B, where 58 units the parties have agreed a procedure for accept- are due for completion in December 2005 at a ance or verification of the goods or services, the budget cost of \8.8 million, and Poppintree, phase 30-day payment period starts after this process 5B, where 90 units are due for completion at the has been completed. end of the year at a cost of \15.1 million. The The interest rate specified in the regulations for scheme for South Dublin County Council late payment is the European Central Bank, involved is Fortunestown with 112 units and a ECB, rate plus seven percentage points. However community facility at a cost of \20.3 million, and parties to a contract may, if they wish, agree an the involved scheme for Dublin City Council is alternative interest rate. Compensation may be Poplar Row, phase 2, with 69 new units and 56 claimed for the recovery costs of the debt, if such units refurbished at a cost of \17.177 million. costs arise, and the basis on which this may be I am advised by the Department of the Envir- done is also laid down in the regulations. onment, Heritage and Local Government that neither they nor the local authorities concerned Mr. Sargent: That is easier said than done. had any prior knowledge or difficulties with the payment of suppliers or sub›contractors by the Probation and Welfare Service. company referred to. Having checked the matter Mr. Carey: Ba mhaith liom buıóchas a ghabhaíl with the local authorities, they have indicated that leis an gCeann Comhairle as ucht cead a thab- all claims owed to the company concerned are hairt domsa an a´bhar seo a thabhairt roimh an fully up to date. In the light of recent reports, Daíl. Since 2001, the Village Project has served Ballymun Regeneration Limited has sought to the Finglas and Ballymun area by providing contact with the company to ascertain the extent assessment services. It was set up under the aus- to which suppliers and sub-contractors working pices of the probation and welfare service of the on the regeneration project are owed money, the Department of Justice, Equality and Law amount involved, if any, and its proposals to Reform. The detrimental effects which the pro- address the matter. While the issue of payment of posed change to this service will have on young suppliers or sub-contractors is a matter for the people in my constituency must be addressed. companies involved in the first instance, the local As the Minister of State is aware, the Village authorities will maintain a watching brief to see Project was established in 2001 by the probation if and how this matter is resolved. and welfare service. It was a pilot project to The Deputy has also referred to the general provide assessments for children between the issue of prompt payment of bills by public and ages of 12 and 16 years from the Finglas and Bal- private sector organisations and I am happy to lymun areas who were referred by the courts. It clarify the legal position in that respect. In gen- was set up as a response to the identified need eral, this area is governed by the provisions of the for a community-based assessment service that European Communities (Late Payment in Com- provided an alternative to the residential centres mercial Transactions) Regulations 2002, which in existence. The project was originally a co- came into force as SI 388 of 2002. These regu- operative venture between the Department of lations, which gave effect to a European Union Education and Science and the probation and directive on late payment in commercial trans- welfare service and was funded under the chil- actions, came into effect in Ireland on 7 August dren at risk fund until April 2004. 2002 and apply to commercial transactions in Since its inception, the project has been both the public and private sectors. extremely successful. A total of 84 young people The regulations provide essentially that penalty have undergone assessment up to May 2005. To interest will become payable if payments for date, 82 young people have completed their 1237 Probation and 29 June 2005. Welfare Service 1238 assessments and of this number, a total of 79 have for the project to continue while simultaneously returned to either mainstream schools, alterna- meeting the funding obligations of its exclusive tive educational settings or are in employment. funding source, that is, the probation and welfare The financial efficacy of the project is apparent service, it must change its core objectives and, when one considers that in 2002, it cost up to consequently, the type of service it provides. \250,000 to detain a young person in a residential Given these new circumstances, the board of placement while it cost \320,000 to assess 20 the Village Project has had to make the difficult young people in the Village Project centre. decision no longer to accept new referrals for In April 2004 there was a change in policy and assessment from the courts from Monday, 20 practice. Funding and responsibility for the pro- June. Rather, the project must now focus on the ject were transferred wholly to the Department development of its role as a day centre and of Justice, Equality and Law Reform and placed deliver services purely to the clients of the pro- under the auspices of the probation and welfare bation and welfare service. This will mean that service. Although the service had availed of the young people from 12 to 16 years of age will no services of the project since 2001, it adopted this longer be able to avail of the service. Educational new responsibility with a view to the project welfare officers, schools and projects will have fulfilling its role under the Children Act 2001. nowhere to refer children for comprehensive The probation and welfare service has the assessments. The positive changes brought about responsibility of establishing and developing day by this project will not continue to develop and centres under the Act with a view to conducting further detention of this younger age group could assessments with the community of children aged be the result. between 16 and 17 who are on remand. It indi- I request the Minister to review the situation cated its desire for the Village Project specifically and ensure the Village Project can continue to to fulfil this role in this area. meet the needs of the community in which it Before I continue, I wish to provide an outline operates. As I stated, many 12 to 16 year olds of the referrals to the project. A total of 19 young and their families have benefited greatly from the people attended the Village Project as a con- service and it would be a travesty if changes to sequence of criminal justice matters and five of funding sources dictated that this successful the 19 are in detention schools or institutions for scheme was not allowed to continue into the young offenders. The remainder continue to be future. I recognise the need of 16 and 17 year under the supervision of the probation and wel- olds will be addressed with these changes but this fare service and most of them maintain some should not be to the detriment of services for level of contact with the Village Project. All the younger people. young people who attended the project because There is much concern among education prac- of criminal justice matters are male. titioners, in particular, in the area. In the course In addition, between 2004 and 2005, five mini- of correspondence from the chairperson of the assessments have been conducted on behalf of project to the chief executive officer of the the probation and welfare service. These con- National Education Welfare Board, it was indi- sisted of a psycho-educational assessment as well cated that the likelihood of alternative assess- as or instead of an offending risk assessment and ment arrangements being available in the short were conducted with young people from outside term was unlikely. It was suggested, therefore, the Dublin 9 and Dublin 11 areas or for whom a that the board would engage in consultations with full assessment was not required. Ongoing con- the probation and welfare service to see how a tact with the majority of probation and welfare modification of the decision could be made. referrals has been prevalent with many of these young people visiting the project on a weekly Mr. Killeen: Gabhaim buıóchas leis an Teachta basis. Additionally, contact has been maintained agus tugaim freagra thar cheann an Aire. with these young people who are in detention via The probation and welfare service operates telephone contact and-or visits to either deten- under the aegis of the Department of Justice, tion schools or young offenders institutions. Equality and Law Reform. It has approximately Although the probation and welfare service 430 staff and an annual budget of approximately had availed of the services of the project since \45 million. It provides assessments on offenders 2001, it recently adopted the new responsibility to the courts and is responsible for the proposal under the Children Act. The probation and wel- and implementation of community sanctions. It fare service has the responsibility of developing also provides a probation service to prisons. The and establishing day centres under the Act with service funds and works in association with 75 a view to conducting assessments of children aged voluntary bodies or projects in the provision of between 16 and 17 years. I am aware that up to relevant services. The objective of the service is 11 of those centres are proposed countrywide. to reduce reoffending and protect the public. The implications of the change in direction will The Village Project was established in 2001 as have a detrimental effect on the current services a pilot project to provide assessments for children provided by the centre. It is now apparent that between the ages of 12 and 16 years referred by 1239 The 29 June 2005. Adjournment 1240

[Mr. Killeen.] referrals from other relevant State and com- the courts from the Finglas and Ballymun areas. munity-based services when resources allow. The project was a co-operative venture between The Village Project’s board of directors has the Department of Education and Science and been considering the implications of this change the probation and welfare service. Initially, it was of direction for a number of months and now funded under the children at risk fund in the accepts that for the viability of the project and to Department of Education and Science. Following meet funding obligations, it must change its core a request from the Department of Education and objectives and, consequently, the type of service Science, the Department of Justice, Equality and it provides. To meet the needs of the probation Law Reform commenced funding the project on and welfare service client group and to replicate 1 January 2004. Since 1 January 2004, 21 males the requirements of the day centre order as out- and 12 females have been assessed. lined in the Children Act 2001, the Village Pro- ject will require some considerable modification. The probation and welfare service has the The project is now focusing on the development responsibility of establishing and developing day of its role as a day centre and delivering services centres under the Children Act 2001 with a view to the clients of the probation and welfare to conducting assessments of juveniles who are service. on remand within the community and it has indicated its desire for the project to fulfil this role. The Da´il adjourned at 10.40 p.m. until It may also provide an assessment service to 10.30 a.m. on Thursday, 30 June 2005. 1241 Questions— 29 June 2005. Written Answers 1242

Written Answers County Number of Participants

———— Carlow 7 The following are questions tabled by Members Cavan 65 for written response and the ministerial replies Clare 85 received from the Departments [unrevised]. Cork 88 Donegal 129 Questions Nos. 1 to 4, inclusive, answered Galway 232 orally. Kerry 165 Kildare 4 Questions Nos. 5 and 6 resubmitted. Kilkenny 5 Laois 9 Cabinet Meetings. Leitrim 78 7. Mr. Rabbitte asked the Taoiseach if he has Limerick 35 plans for future meetings of the Cabinet outside Longford 36 of Dublin; and if he will make a statement on the Mayo 402 matter. [22235/05] Meath 4 8. Mr. Sargent asked the Taoiseach if further Monaghan 15 Cabinet meetings are planned outside Dublin Offaly 27 during the remainder of 2005; the projected costs Offshore Islands 13 of these meetings; and if he will make a statement Roscommon 124 on the matter. [22339/05] Sligo 88 The Taoiseach: I propose to take Questions Tipperary 32 Nos. 7 and 8 together. Waterford 10 The costs arising to my Department for the Westmeath 20 Government meeting in City Hall, Cork, are esti- Wexford 23 mated to be in the order of \6,000. This is Wicklow 6 accounted for mainly by support staff accommodation, overtime and expenses. TOTAL: 1702 The holding of Government meetings outside Dublin is very much welcomed by communities in the areas visited and we have achieved a Community Development. reasonable geographic spread with meetings held 20. Ms O’Sullivan asked the Minister for Com- in counties Laois, Roscommon, Waterford, munity, Rural and Gaeltacht Affairs the position Louth, Kerry and Donegal so far. I see such meet- with the issuing of long-term contracts of employ- ings as a good usage of Government time as they ment to employees of community development present an opportunity to meet with organis- projects funded by his Department; and if he will ations and groups from these areas and can serve make a statement on the matter. [22599/05] to give a profile to a particular location. Accord- ingly, the Government intends, as the occasion Minister of State at the Department of Com- arises, to continue holding such meetings from munity, Rural and Gaeltacht Affairs (Mr. N. Ahern): Responsibility for the issuing of contracts time to time. However, there are currently no of employment to community development pro- plans for any such meetings. ject, CDP, staff is a matter for the management committee of each project. My Department has Questions Nos. 9 and 10 resubmitted. no legal responsibility for the employment of CDP staff. It should also be noted that two thirds Questions Nos. 11 to 18, inclusive, answered of the funding provided to CDPs comes from orally. sources other than my Department. CDPs have traditionally been funded on the Departmental Schemes. basis of a three year renewable contract. In line 19. Ms C. Murphy asked the Minister for Com- with the expiration of the National Development munity, Rural and Gaeltacht Affairs the number Plan 2000-2006, the majority of projects are in of persons who have taken up the rural social contract up to the end of December 2006. The scheme; and the number in each county. remaining projects are involved in a contract [22754/05] renewal process, which will result in the offer of contracts to the end of 2006, subject to evidence Minister for Community, Rural and Gaeltacht of satisfactory progress over the course of the Affairs (E´ amon O´ Cuı´v): There is currently a previous contract. total of 1,702 participants on the rural social Beyond 2006, I anticipate that community scheme with the breakdown per county, based on development projects will continue to receive participants addresses, as shown in the table. support within the framework of three year 1243 Questions— 29 June 2005. Written Answers 1244

[Mr. N. Ahern.] ment and proper management of recreational renewable contracts. Such arrangements are sup- amenities in the countryside. The feedback portive to the provision of contracts to CDP staff. received that day is a valuable contribution towards the development of a national country- Rural Development. side recreation strategy. 21. Ms B. Moynihan-Cronin asked the Minister Comhairle na Tuaithe has identified and for Community, Rural and Gaeltacht Affairs the reviewed a set of access parameters in the position regarding the work of Comhairle na countryside. These could serve as a basis for con- Tuaithe; and if he will make a statement on the flict prevention and integrate a variety of needs matter. [22598/05] and responsibilities. The Comhairle has also considered the key features necessary for countryside Minister for Community, Rural and Gaeltacht code development, with a focus on the potential Affairs (E´ amon O´ Cuı´v): In February 2004, I application of the internationally recognised established Comhairle na Tuaithe to address “Leave No Trace” initiative. I understand that issues relating to waymarked ways and access. Comhairle na Tuaithe is completing its initial This decision followed consideration by the consideration of these matters and will meet rural/agri-tourism advisory group of a report again in early July. I look forward to receiving its presented by the consultation group on access to report subsequently. waymarked ways. The establishment of a countryside council was the key recommendation 22. Mr. Naughten asked the Minister for Com- munity, Rural and Gaeltacht Affairs if he will of the report. ´ Comhairle na Tuaithe has the following aims: review the CLAR areas; and if he will make a to ensure that all appropriate means are used to statement on the matter. [22571/05] resolve conflicts that arise regarding access issues 51. Mr. Naughten asked the Minister for Com- and responsible enjoyment of the countryside; to munity, Rural and Gaeltacht Affairs if he will ensure that all those with an interest and concern extend the CLA´ R areas; and if he will make a in the sustainable development and proper man- statement on the matter. [22572/05] agement of the recreational amenities of the countryside are fully consulted on their future Minister for Community, Rural and Gaeltacht management; to develop and update, as neces- Affairs (E´ amon O´ Cuı´v): I propose to take Ques- sary, a national countryside recreation strategy; tions Nos. 22 and 51 together. to raise awareness of the benefits to and I introduced the CLA´ R programme in October responsibilities of recreational use of the country- 2001 to address depopulation, as well as the side and to carry out research and training on decline in and lack of services in rural areas. related issues; to ensure that adequate funding is Areas in 18 counties, with a population of made available to allow the organisation to 362,000, have been selected under the prog- achieve these aims and to examine the benefits ramme, including areas I announced in January and management of increased leisure use. 2003 in light of the 2002 population census data. The Comhairle comprises representatives of This honoured the commitment to review in An the farming organisations, recreational users of Agreed Programme for Government. Areas the countryside and State bodies with an interest included are those that suffered the greatest in the countryside. It has approached its work in population decline from 1926 to 2002 with an the spirit of co-operation and through working average population loss of 50% and with an groups, which progress components of these aims. aggregate population now of over 4,000. The To achieve its work programme, Comhairle na exception is the Cooley Peninsula, which was Tuaithe has established working groups to included on the basis of the serious difficulties address specific required outputs. These groups caused there by foot and mouth disease. are addressing: issues surrounding access to the There are no plans at this time for any further countryside; the development of a national review of the boundary of CLA´ R areas. I can also countryside recreation strategy; the development confirm that no other significant areas fulfil the of a countryside code. population criteria for inclusion in CLA´ R and I Comhairle na Tuaithe met on numerous have examined this issue thoroughly. occasions since its establishment and, in addition, each of the working groups met separately to pro- Departmental Expenditure. gress key aspects of Comhairle’s work. Their pro- 23. Mr. Bruton asked the Minister for Com- gress has been fed back to Comhairle na Tuaithe munity, Rural and Gaeltacht Affairs the amount round table meetings on 4 October and 5 Nov- of the budgetary allocation granted to his Depart- ember 2004 and on 7 February, 7 March and 19 ment in 2004 which was returned by his Depart- May 2005. ment to the central Exchequer; the reason for this Late last year my Department, in association underspend; and if he will make a statement on with Comhairle na Tuaithe, ran a national con- the matter. [22749/05] ference to promote and develop Comhairle’s work. The main purpose of the event was to Minister for Community, Rural and Gaeltacht provide an opportunity for all stakeholders Affairs (E´ amon O´ Cuı´v): The amount of the attending to share ideas on sustainable develop- budgetary allocation of the Department of Com- 1245 Questions— 29 June 2005. Written Answers 1246 munity, Rural and Gaeltacht Affairs that was I do not accept the implications in the returned to the Exchequer at the end of 2004 was Deputies’ questions about either a delay on my \0.852 million, that is, 0.28% of the gross allo- part in bringing forward draft legislation to regu- cation of \309.629 million. Taking extra appropri- late the charities sector or resultant difficulties for ations-in-aid receipts into account, the total the sector. Far from there having been a delay, it amount returned to the Exchequer was \3.842 is only following the establishment of my Depart- million. ment in June 2002, and the setting up of a dedi- This total is made up of the following: extra cated charities regulation unit in February 2003, appropriations-in-aid receipts of \2.99 million — that moves began to be taken towards regulation target figure \19.998 million; amount received of the charities sector. The legislation under prep- \22.988 million — \9.787 million of this was aration in my Department will ensure that chari- received in December, \4.731 million on 14 ties are regulated for the first time since the December and \5.056 million on 21 December; foundation of the State. a saving of \0.736 million on the administrative As regards the public consultation, it is not in budget of the Department, with \0.15 million of accordance with the facts to say that the process this amount being made available to my Depart- was completed a year ago. As I have said pre- ment in 2005 under the efficiency dividend pro- viously in the House, the public consultation has visions of the Department’s administrative been undertaken in two stages. The first took budget agreement — savings on administration place in 2004, on the basis of a consultation are not available for spending on programme paper, approved by the Government at end-2003, budgets; a saving of \0.116 million on the prog- which set out the core legislative proposals. The ramme spend of the Department, representing second took place in 2005, on the basis of a con- 0.04% of the gross programme budget of sultation paper prepared by the Law Reform \292.052 million. Commission, which set out proposals for the spec- The Deputy will agree that this level of expen- ific aspect of trustee law reform. That second diture of the available resources reflects the effec- public consultation concluded in April last and tiveness of the Department in progressing its the outcome will be the subject of a report from objectives. the Law Reform Commission, containing recommendations for consideration by my Department. Proposed Legislation. Preparation of the draft legislation remains a 24. Mr. Gormley asked the Minister for Com- priority and work is proceeding accordingly. munity, Rural and Gaeltacht Affairs if he will outline in more detail the reasons behind the Irish Language. recent announcement that the legislation to regu- 25. Ms O’Sullivan asked the Minister for Com- late charities which was initially promised by the munity, Rural and Gaeltacht Affairs if he will Government for 2003 and then promised for provide an estimated cost for the 642 State bodies 2005, will not be published until 2006. [22739/05] to comply with the regulations of the Official 37. Mr. Wall asked the Minister for Com- Languages Act 2003; if his attention has been munity, Rural and Gaeltacht Affairs if draft drawn to the huge costs involved; his views on charities legislation will be published before the whether this gives value for money; and if he will end of 2005; the reason for the delay in publishing make a statement on the matter. [22584/05] this legislation; the difficulties the absence of such 28. Mr. Howlin asked the Minister for Com- legislation causes for charities; and if he will make munity, Rural and Gaeltacht Affairs if his a statement on the matter. [22593/05] Department has produced an estimate for the 47. Mr. Gogarty asked the Minister for Com- cost of the full implementation of the Official munity, Rural and Gaeltacht Affairs if his atten- Languages Act 2003; if not, the reason no esti- tion has been drawn to the concern in the chari- mate has been forthcoming; and if he will make ties and non-governmental organisation sector at a statement on the matter. [22580/05] the continual delay in bringing forward the legis- 29. Mr. Bruton asked the Minister for Com- lation to regulate charities, one year after the munity, Rural and Gaeltacht Affairs the reason consultation process was completed; and if he will he has not undertaken a costing of the full imple- publish the legislation in early 2006. [22741/05] mentation of the Official Languages Act 2003; if 58. Mr. O’Dowd asked the Minister for Com- he intends to do so in advance of introducing munity, Rural and Gaeltacht Affairs his views on further aspects of the legislation; and if he will whether legislation is urgently needed to regulate make a statement on the matter. [22747/05] the charities sector; if he will prioritise the publi- 46. Mr. English asked the Minister for Com- cation of this legislation; and if he will make a munity, Rural and Gaeltacht Affairs if he intends statement on the matter. [22744/05] to expand the remit of the Official Languages Act Minister of State at the Department of Com- 2003 beyond the existing prescribed public and munity, Rural and Gaeltacht Affairs (Mr. N. State bodies; if so, when this expansion will come Ahern): I propose to take Questions Nos. 24, 37, into effect; the estimated cost of such an expan- 47 and 58 together. sion on the part of the bodies concerned; and if 1247 Questions— 29 June 2005. Written Answers 1248

[Mr. English.] presented to the Houses of the Oireachtas for he will make a statement on the matter. approval in accordance with section 4(3) of the [22748/05] Act. No other expansion of the remit of the Act is under consideration at this time. Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): I propose to take Ques- Proposed Legislation. tions Nos. 25, 28, 29 and 46 together. As I have indicated in response to previous 26. Mr. Gormley asked the Minister for Com- similar questions in this House, no formal cost- munity, Rural and Gaeltacht Affairs the consul- ings have been done in regard to the full imple- tation period and mechanisms he will put in place mentation of the Official Languages Act 2003 on once the legislation to regulate charities is pub- the basis that such an exercise would not be prac- lished to ensure that all stakeholders, in part- ticable in advance of consideration on a case by icular the charity and non-governmental sector, case basis by each public body of what, if any, are fully included in the process. [22740/05] specific additional costs might arise for it. It is clear that there will be some cost issues involved, 45. Mr. Gogarty asked the Minister for Com- particularly at start-up, but in the normal course munity, Rural and Gaeltacht Affairs if he has these should in the main be met from within consulted and informed the implementation and existing administrative allocations. advisory group established to oversee the White The Act is being implemented on a planned Paper on voluntary activity; the reason for the and pragmatic basis. Clearly, some costs will arise delay in publishing the legislation; and if he will in connection with such matters as training and take steps to ensure its full participation in the translation services. However, the position for consultation and legislative process once the draft individual public bodies, or indeed on an overall Bill is published. [22742/05] basis, cannot be established until individual Minister of State at the Department of Com- schemes have been agreed in accordance with munity, Rural and Gaeltacht Affairs (Mr. N. the legislation. Ahern): I propose to take Questions Nos. 26 and Circumstances will vary greatly from public 45 together. body to public body in regard to demand for The proposed content of the future Charities delivery of services through Irish. Indeed, some Regulation Bill has already been the subject of public bodies will be better placed than others in an inclusive, public consultative process, under- regard to having the resources to meet this taken in two stages over the period 2004-05. At demand, given that they already operate, to vary- end-2003, the Government approved the core ing degrees, a policy of bilingualism. It is, legislative proposals for regulating the charities however, a matter for each public body in the first sector. Those proposals were set out in a consul- instance to ensure that resources are assigned to tation paper, entitled Establishing a Modern comply with the provisions of this legislation in Statutory Framework for Charities, which was the the same way as resources are assigned to ensure reference document for the first stage of the con- compliance with obligations imposed by other sultative process in 2004. Furthermore, the legislation and by the requirements to provide specialist aspect of the draft legislation concern- quality customer service. ing trustee law reform was the subject of pro- The question of providing funding for specific posals from the Law Reform Commission. These administrative costs for individual public bodies proposals were set out in a further consultation — regardless of whether these relate to the paper, which was the reference document for the Official Languages Act or any other service deliv- second stage of the consultative process in 2005. ery or policy obligation arising — falls to be The broad, overall public endorsement of the assessed against formal business cases or pro- legislative proposals has served to confirm the posals submitted as part of the normal annual direction to be taken with preparation of the draft estimate and budget cycle. Given the position of Charities Regulation Bill. I remain committed to Irish as the first constitutional language, the the inclusive, public consultation process that I objective is to ensure that delivery of public have adopted to date. However, the Deputies will services by public bodies — including provision appreciate that following publication of a Bill, of information about services and activities control of the legislative process, including any through the Irish language — is seen as a normal formal consultative processes, rests with the requirement to meet minimum standards of cus- Oireachtas rather than with any individual tomer service and corporate governance, rather Minister. than an optional extra or add-on. It is my intention to keep the First Schedule to Accuracy of Placenames. the Official Languages Act 2003 up to date by making regulations from time to time to delete 27. D’fhiafraigh Mr. Sargent den Aire Gno´ thaı´ references to public bodies that have ceased to Pobail, Tuaithe agus Gaeltachta ceńro´ l ata´ aige exist and to include new public bodies, as appro- no´ ag a Roinn i gcaighdeańu´ litriu´ agus chur i priate. While my Department is currently work- la´thair logainmneacha agus ainmneacha sraíde ing on a draft of such regulations, I am not in a agus an gcuirfidh se´ smacht air seo chun an ruaig position to say when they might be ready to be a chur ar dhrochlitriu´ . [22731/05] 1249 Questions— 29 June 2005. Written Answers 1250

Minister for Community, Rural and Gaeltacht ar bhunmhaoiniu´ agus eílimh ar ıócaıóchtaı´. Tuig- Affairs (E´ amon O´ Cuı´v): Cuireann Brainse tear dom go raibh cruinniu´ le ceannairı´ na n- Logainmneacha mo Roinnse comhairle ar faíl eagras ata´ a´ maoiniu´ ag an bhforas ar 1 Mei- d’u´ daraís aítiu´ la agus do chomhlachtaı´ poiblı´ eile theamh chun an pro´ iseas nua seo a phle´ agus go maidir le leaganacha u´ dara´sacha de logainmnea- bhfuil cruinniu´ eile socruithe le haghaidh mı´ cha na tı´re. Bıónn an Brainse sa´sta i gco´ naı´ —ar MheańFo´ mhair d’fhonn an co´ ras measu´ naithe a mhaithe le mı´-litriu´ a sheachaint — comhairle a aontu´ idir na gru´ paı´ ar fad. thabhairt do na paírtithe sin nuair a bhıónn com- harthaıócht nua a´ cur ar faíl acu. Ar ndo´ igh, ta´ Rural Development. ro´ l comhairleach an Bhrainse luaite go sonrach i 31. Mr. Penrose asked the Minister for Com- dtreoir o´ n Roinn Iompair maidir le comhar- munity, Rural and Gaeltacht Affairs his views on thaıócht bo´ ithre. the recent EU deal that will see a continuation Mar is eol don Teachta, tugann Cuid 5 d’Acht of payments from the EU for rural development na dTeangacha Oifigiu´ la 2003 cumhacht don Aire programmes from 2007; the services this money an leagan Gaeilge de logainm a dhearbhu´ le will be spent on; and if he will make a statement hordu´ logainmneacha, tar eís comhairle a fhaíl o´ n on the matter. [22600/05] gCoimisiu´ n Logainmneacha agus an chomhairle sin a bhreithniu´ .Ta´ naoi n-ordu´ logainmneacha 43. Mr. Crawford asked the Minister for Com- deánta faoi fhora´lacha an Achta go dtı´ seo a munity, Rural and Gaeltacht Affairs the level of dhearbhaıónn leaganacha Gaeilge ainmneacha na funding to be allocated to Ireland under the EU gcontaetha agus na gcontaetha riarachaín, na Rural Development Measure 2007-2013; his logainmneacha riarachaín i se´ chontae ar leith views on whether the existing level of EU funding agus sna ceantair Ghaeltachta, agus ainmneacha under this measure can be sustained; the na la´r-ionad daonra. measures underway between his Department and Anuas ar sin, ta´ an Brainse Logainmneacha i the Department of Agriculture and Food to mbun togra i gcomhar le Suirbheíreacht Ordanaís develop a coherent programme to allocate such E´ ireann agus leis na hu´ daraís aítiu´ la chun leagan- funding; and if he will make a statement on the acha u´ dara´sacha Gaeilge d’ainmneacha sraíde- matter. [22750/05] anna i gceantair riarachaín na n-u´ dara´saítiu´ la 44. Mr. Boyle asked the Minister for Com- eágsu´ la a chur ar faíl. Ta´ an cheád thoradh den munity, Rural and Gaeltacht Affairs the way in chomh-thogra seo le faíl sa leabhrań Sraí- which the recent deal on the European Union dainmneacha Bhaile A´ tha Cliath, a d’fhoilsigh ´ agreement on rural funding will affect rural com- Comhairle Cathrach Bhaile Atha Cliath anu- munities here. [22734/05] raidh. Ta´thar ag su´ il leis go mbeidh an taighde deánta sa chuid eile den tı´r agus na torthaı´ ar faíl Minister for Community, Rural and Gaeltacht taobh istigh de threímhse dha´ bhliain. Affairs (E´ amon O´ Cuı´v): I propose to take Ques- Taím do´ chasach go gcabhro´ idh an obair seo go tions Nos. 31, 43 and 44 together. leír le hu´ daraís aítiu´ la agus comhlachtaı´ poiblı´ The agreement negotiated at the recent meet- eile chun a chinntiu´ go mbeidh litriu´ ceart agus ing of the Council of Agriculture Ministers in leaganacha cearta de logainmneacha agus sraí- Luxembourg marked the culmination of dainmneacha a´ n-u´ saíd ar chomharthaıócht da´ important negotiations. Throughout these nego- gcuid. tiations my Department has worked in close partnership with the Department of Agriculture and Questions Nos. 28 and 29 answered with Ques- Food. This collegiate approach will continue as tion No. 25. we now proceed to prepare a national rural development plan. Irish Language. The recent EU agreement covers a wide range of measures including on-farm investment, agri- 30. D’fhiafraigh Mr. Costello den Aire Gno´ thaı´ environment measures, support for young farm- Pobail, Tuaithe agus Gaeltachta an bhfuil se´ sa´sta ers, food processing and Leader. The format go bhfuil an t-easaontas a bhı´ ann idir Foras na allows flexibility for the continuation of current Gaeilge agus na heagrais dheonacha leigheasta successful rural development programming, by anois; agus an ndeánfaidh se´ raíteas ina leith. grouping measures under the three main objec- [22574/05] tives of competitiveness, the environment and the Minister for Community, Rural and Gaeltacht wider rural economy. Affairs (E´ amon O´ Cuı´v): Tuigtear dom o´ Fhoras While the actual amount of funding must await na Gaeilge go bhfuil dea-chaidreamh acu leis na agreement on the EU budget, I welcome the heagrais deonacha agus go bhfuiltear ag comho- stipulation that at least 10% of the money Ireland ibriu´ leo ar bhonn paírtneíreachta. Cuireann an receives under the European agriculture fund for foras bunmhaoiniu´ ar faíl do 17 eagras, idir eag- rural development will now be spent on the pro- rais Ghaeilge agus eagrais oideachasu´ la, bunaithe vision of services/support in the rural economy ar chla´r oibre bliantu´ il a bhıónn aontaithe ag an beyond the farm gate. A minimum funding level bhforas le gach eagras ar leith. of 5% will be dedicated to mainstreaming the Ta´ Foras na Gaeilge ag cur pro´ iseas nua i Leader methodology, which is almost double the bhfeidhm leis na heagrais seo maidir le hiarratais present level of funding. Overall, this will mean a 1251 Questions— 29 June 2005. Written Answers 1252

´ ´ [Eamon O Cuı´v.] freastal sa´su´ il a dheánamh, nı´ amhaín ar reímse considerable increase in support for rural an aistriu´ chaín ach ar an iliomad reímsı´ eile. Nı´l development programmes implemented by my amhras ar bith orm ach go glacfaidh na Department. The agreement also provides for hinstitiu´ idı´ sin go fonnmhar leis an du´ shlań sin. basic services for the economy and rural population and a new provision which will cover cul- Rural Development. tural and leisure activities. 33. Mr. Broughan asked the Minister for Com- Overall, this new approach to rural develop- munity, Rural and Gaeltacht Affairs his plans to ment is likely to enable development of a fuller update the 1999 White Paper on rural develop- range of programmes and projects to be sup- ment here; his views on whether the Govern- ported, leading to the creation of new enterprises ment’s rural development policy requires updat- and employment opportunities and helping to ing; the precise initiatives he plans to take in this achieve the Government’s objective of balanced respect over the next year; and if he will make a regional development and sustainable and vibrant statement on the matter. [22594/05] rural communities. Work will now commence on a national rural development plan which will Minister for Community, Rural and Gaeltacht include preparation of a joint national rural Affairs (E´ amon O´ Cuı´v): The strategic goal of my development strategy and a detailed national Department for rural development is to promote rural development programme. The process will and maintain living and working populations in include working closely with stakeholders. rural areas by helping to foster sustainable and culturally vibrant communities. The White Paper Departmental Staff. on rural development defines Government policy 32. D’fhiafraigh Ms Burton den Aire Gno´ thaı´ in this regard and provides a framework for Pobail, Tuaithe agus Gaeltachta an raibh realising these goals. cainteanna aige leis an Roinn Oideachais agus My Department’s rural development initiatives Eolaıóchta, chun a chinntiu´ go mbeidh go leor in the next year will include: implementation of ´ aistritheoirı´ ar faíl chun Acht na dTeangacha the CLAR and Leader programmes and the rural Oifigiu´ la a chur i bhfeidhm ina iomlaíne agus don social scheme; administration of the farm electri- eíleamh a bheidh ann o´ n Aontas Eorpach mar fication grant scheme; advancing the work of gheall ar Sta´das Oifigiu´ il Oibre na Gaeilge; agus Comhairle Na Tuaithe; support of projects under an ndeánfaidh se´ raíteas ina leith. [22576/05] the rural development fund; promoting debate and progressing rural development issues through Minister for Community, Rural and Gaeltacht the national rural development forum; cross- Affairs (E´ amon O´ Cuı´v): I dtosach baíre ba Border co-operation in rural development; lead- mhaith liom a ra´ go mbıónn teagmhaíl rialta agam ing the rural development co-ordinating commit- leis an Aire Oideachais agus Eolaıóchta, mar a tee under the NDP; participation as appropriate bhıónn le mo chomhghleacaithe eile sa Rialtas. in interdepartmental committees on issues appro- Sin raíte, nı´ miste dom a chur i gcuimhne don priate to rural development, such as the national Teachta go bhfuil, mar ata´ mıńithe agam sa Teach spatial strategy; support of the Western Develop- seo roimhe seo, Foras na Gaeilge i mbun pro´ isis ment Commission in the discharge of its func- faoi la´thair chun co´ ras creidiu´ naithe tions. Evaluation of the rural development fund d’aistritheoirı´ a fhorbairt don earnaíl and follow up with relevant Departments on the phrıóbhaídeach aistriu´ chaín. Ta´ i gceist go review of enterprise supports will also fall for mbeidh an co´ ras seo i bhfeidhm roimh dheireadh consideration. na bliana seo. Nuair a bheidh an co´ ras i Following the recent adoption of the EU regu- bhfeidhm, is cinnte gur cu´ namh praiticiu´ il fıór- lation on rural development for the period tha´bhachtach a bheidh ann do chomhlachtaı´ 2007-13, my Department, in conjunction with the poiblı´ a bheidh ag iarraidh u´ saíd a bhaint as Department of Agriculture and Food, will pre- seirbhı´sı´ o´ aistritheoirı´ prıóbhaídeacha. Ar pare a joint national rural development strategy ndo´ igh, is gno´ do chomhlachtaı´ poiblı´ iad feín a and a detailed national rural development prog- sha´samh maidir leis na seirbhı´sı´ aistriu´ chaín ata´ ramme. This will include a stakeholder consular faíl, chomh maith le caighdeań agus luach-ar- tation process later this year. Any review of airgid na seirbhı´sı´ sin. priorities to be addressed under the White Paper Sa bhreis ar sin, ta´ mo Roinnse ag obair, nı´ on rural development will be considered in that amhaín leis an Roinn Oideachais agus context. Eolaıóchta, ach le Foras na Gaeilge, Gaeleagras ´ ´ ´ na Seirbhıse Poiblı, An Foras Riarachain agus Question No. 34 answered with Question institiu´ idı´ trıú´ leibheál chun a chinntiu´ go No. 18. gcuirfear leis an sola´thar sainchu´ rsaı´ dı´rithe ar riachtanais na hearna´la poiblı´ i ndaíl le cur i Departmental Schemes. bhfeidhm an Achta. Is cinnte go mbeidh ro´ l la´rnach agus fıór-tha´bhachtach ag na hinstitiu´ idı´ 35. Mr. O’Dowd asked the Minister for Com- trıú´ -leibheál san obair du´ shlańach ata´ romhainn munity, Rural and Gaeltacht Affairs when his le cinntiu´ go mbeidh lıón leor-dho´ thanach do Department will complete the review of the rural dhaoine ata´ inniu´ il sa Ghaeilge ar faíl chun social scheme; his views on changing the eligi- 1253 Questions— 29 June 2005. Written Answers 1254 bility criteria for this scheme; and if he will make 39. Ms Lynch asked the Minister for Com- a statement on the matter. [22745/05] munity, Rural and Gaeltacht Affairs if his attention has been drawn to the recent reported com- Minister for Community, Rural and Gaeltacht ´ ´ ments from a spokesperson for Aer Lingus that Affairs (Eamon O Cuı´v): I expect to receive the the significant cost involved for the airline in report of the review of the rural social scheme in complying with the Official Languages Act 2003 the near future. The review will give consider- puts the national airline at a significant disadvan- ation, inter alia, to whether eligibility criteria tage in comparison with its competitors; if he will should be broadened, narrowed or adjusted, consider revising the regulation demanding that specifying the relevant groups and the basis for Aer Lingus produces all its advertisements in any such proposals being made. Upon receipt of Irish and English; and if he will make a statement the report I will consider carefully any recom- on the matter. [22581/05] mendations arising. Minister for Community, Rural and Gaeltacht White Paper on Voluntary Activity. Affairs (E´ amon O´ Cuı´v): I do not propose to 36. Mr. Eamon Ryan asked the Minister for comment on remarks attributed to a purported Community, Rural and Gaeltacht Affairs the pro- spokesperson who may or may not represent gress which has been made in progressing the views of the organisation named in the media White Paper on voluntary activity. [22738/05] report concerned. My Department has written on several Minister of State at the Department of Com- occasions to each of the public bodies covered by munity, Rural and Gaeltacht Affairs (Mr. N. the Official Languages Act with information Ahern): With regard to progress made to date on about the operation of the Act and to offer a implementation of the White Paper, I refer the more detailed presentation and question-and- Deputy to my reply to Question No. 30 of 19 May answer session if that were considered useful. A 2005. As I stated in that reply, the White Paper number of public sector organisations have had remains Government policy. However, the White questions and concerns about how the legislation Paper is now five years old and the context in impacts on them and these presentations have which White Paper policy is to be implemented proved a useful way of explaining the facts and has clearly changed with time. Against this back- allaying undue fears. The offer from my Depart- ground of change my Department has now comment to meet with public bodies stands. missioned a consultancy to advise the Depart- Regulations under section 9(1) of the Act — ment on practical measures to further advance which will cover matters such as advertising — the key principles set out in the White Paper. are currently being prepared and I cannot give a precise date at this time for their coming into Question No. 37 answered with Question effect. However, they are being drafted on the No. 24. basis of minimising any additional costs for public bodies in their implementation. The approach Irish Language. being taken is a pragmatic and phased one but 38. Mr. Rabbitte asked the Minister for Com- one which is also consistent with the unanimous munity, Rural and Gaeltacht Affairs if any pro- will of the Oireachtas that the Irish language gress has been made on the development of a 20 should be used by public bodies for official pur- year strategic plan for the Irish language; his poses such as advertising. plans to promote the use of the Irish language over the next year; and if he will make a state- Offshore Islands. ment on the matter. [22587/05] 40. Dr. Cowley asked the Minister for Com- Minister for Community, Rural and Gaeltacht munity, Rural and Gaeltacht Affairs if he will Affairs (E´ amon O´ Cuı´v): I refer the Deputy to consider introducing a scheme where island resi- my reply to Questions Nos. 19, 21 and 31 of 19 dents who are mentally or physically impaired are May 2005. The preparation of a 20 year strategic offered a relocation and rehousing option in the plan for the Irish language is being addressed mainland to enable them to avail of necessary through Fo´ ram na Gaeilge. Three meetings of services; and if he will make a statement on the Fo´ ram na Gaeilge have taken place to date and a matter. [22672/05] fourth is scheduled to take place later this year. Minister for Community, Rural and Gaeltacht As regards my plans for the promotion of the Affairs (E´ amon O´ Cuıv): I refer the Deputy to Irish language over the next year, the Deputy will ´ today’s Priority Question No. 13. be aware that this is part of the ongoing remit of my Department. This remit is carried out through a broad range of policies, including implemen- Irish Language. tation of the Official Languages Act and the 41. Ms McManus asked the Minister for Com- funding of agencies — including Foras na Gae- munity, Rural and Gaeltacht Affairs his plans to ilge, U´ dara´s na Gaeltachta and Bord na Leabhar use powers available to him under the Official Gaeilge — which are directly involved in promot- Languages Act 2003 to require that all official ing the Irish language. maps carry Irish only versions of place names in 1255 Questions— 29 June 2005. Written Answers 1256

[Ms McManus.] status. The future of Irish depends on its speakers the Gaeltacht; his views on whether English ver- being able to live their lives to the full through sions of many Gaeltacht place names will decline the language. Being able to use Irish in official over the next few years; and if he will make a dealings with the State is of critical importance in statement on the matter. [22582/05] that regard. The perceived status of the language is not just a question of the legislative position Minister for Community, Rural and Gaeltacht but also relates to the practical recognition Affairs (E´ amon O´ Cuı´v): I have made regulations afforded in delivery of services and in their to prescribe the large scale, definitive maps of the communications across public bodies to the lang- State prepared and published by Ordnance Sur- uage and to its speakers. vey Ireland, OSI, for the purposes of section 33 If we wish, as the Deputy’s question suggests of the Official Languages Act. The effect of these he does, to encourage people to use Irish and to regulations is that only the placename as declared give people opportunities to speak Irish, that in the Placenames (Ceantair Ghaeltachta) Order cannot be done in a way that is marginal or tok- 2004 may be used on these maps. I am assured by enistic, or separated from the mainstream of OSI that tourist maps published by it show both public life and public service delivery. the Irish language placename and the English language version. In addition, two of the main Questions Nos. 43 and 44 answered with Ques- private companies in the map publishing business tion No. 31. have indicated to my Department that they will ensure that new tourists maps and other literature Question No. 45 answered with Question to be published by them will also show both lang- No. 26. uage versions henceforth. I have no current plans to make further regu- Question No. 46 answered with Question lations of this type. However, I expect that an No. 25. effect of the Gaeltacht placenames order is that public bodies will move over time to use of the Question No. 47 answered with Question Irish language placename for official purposes. No. 24. One of the key pressures on the Irish language in Gaeltacht areas arises from the lack of practical Decentralisation Programme. recognition of the language in services to customers from many public bodies. The Irish 48. Dr. Upton asked the Minister for Com- language requires positive efforts to protect its munity, Rural and Gaeltacht Affairs the position future, particularly in terms of recognition by the in regard to the decentralisation of his Depart- public sector of the rights of its customers to use ment to Knock; the number of applications that Irish in official dealings with it. This is one small have been received to date for the decentralis- such step, designed to reinforce the status of Irish ation of his Department; and if he will make a as the spoken community language in Gaeltacht statement on the matter. [22592/05] areas. Minister for Community, Rural and Gaeltacht 42. Mr. Quinn asked the Minister for Com- Affairs (E´ amon O´ Cuı´v): My Department is munity, Rural and Gaeltacht Affairs his reaction scheduled to complete its move to Knock Airport to the granting of official EU status to the Irish by the end of 2007. A site has been chosen for language; if he will back up this achievement with a headquarters building and the Office of Public a renewed effort to get people to speak Irish, as Works is in the process of finalising the purchase opposed to concentrating on its legislative status of that site. It is expected that a competition will at home and in Europe; and if he will make a be advertised subsequently for the design and statement on the matter. [22586/05] building of the headquarters and that work on site will begin in the final quarter of this year. All Minister for Community, Rural and Gaeltacht necessary work on the building is scheduled to Affairs (E´ amon O´ Cuı´v): I regard the achieve- be completed in time for staff to move to Knock ment of enhanced status for the Irish language in Airport by the end of 2007. Approximately 160 Europe as a significant one for the Irish language. posts are relocating to Knock Airport and to date As I have already said publicly, this decision now 157 applications have been received through the presents a challenge to the Irish speaking com- central applications facility. munity to use the new status that has been achieved for Irish. It also presents a challenge to Irish Language. the Irish language organisations and educational 49. Ms Lynch asked the Minister for Com- institutions to ensure that there are enough highly munity, Rural and Gaeltacht Affairs the reason qualified people to meet the requirements of the the budget for the Language Commissioner for new status. 2005 is almost double that for 2004; and if he will The provision of real opportunities for citizens make a statement on the matter. [22596/05] to use Irish in official dealings with public bodies here at home is important to the future develop- Minister for Community, Rural and Gaeltacht ment of the language. It cannot and should not be Affairs (E´ amon O´ Cuı´v): Oifig Choimisineír na dismissed as merely concentrating on legislative dTeangacha Oifigiu´ la was established in 2004 1257 Questions— 29 June 2005. Written Answers 1258 under the provisions of the Official Languages this regard, the group concentrated on identifying Act 2003. An initial sum of \500,000 was pro- adjustments to the existing strategy and high- vided in the Vote of my Department for 2004 for lighting priorities for the remaining period up to this purpose. Mr. SeańO´ Cuirreaín was 2008. appointed to the position of An Coimisineír The steering group found that the current aims Teanga in February 2004 and the remaining staff and objectives of the strategy are fundamentally of his office were appointed during the course of sound. The review found that there are encourag- last year. Clearly, therefore, 2005 is the first full ing signs of progress since 2001 when the strategy operational year of the office and the budget for was first launched, which suggests that the current this year, including the full year staffing costs, approach to tackling the drugs problem is proving reflects that fact. to be effective. At the same time, however, the report highlights the need to re-focus priorities Rural Development. and accelerate the roll out of some of the 50. Mr. Cuffe asked the Minister for Com- strategy’s actions and, in this context, a number munity, Rural and Gaeltacht Affairs if his of new actions and amendments have been iden- Department has examined the report on quality tified. These changes will, I believe, strengthen of life in the rural communities of west Cork, the strategy and enable it to better deliver its Waterford, Cavan and Monaghan launched on 9 aims in the next two to three years. In overall June 2005. [22736/05] terms, ten of the strategy’s existing actions are being replaced, a further seven of the existing Minister for Community, Rural and Gaeltacht actions are being amended and there are eight Affairs (E´ amon O´ Cuı´v): My Department has new actions which aim to address issues such as received the recent report on the quality of life in family support and rehabilitation. rural areas. My Department was represented at With regard to rehabilitation, this issue was the subsequent quality of life conference, identified by the steering group, and through the launched by my colleague, the Minister of State, consultation process, as an area which needed to Deputy Noel Ahern, which discussed the findings be developed. The steering group recommended and conclusions of the report. The Deputy will be that rehabilitation become the fifth pillar of the aware that both the report and conference were strategy and I strongly support this recommend- funded under the Leader programmes, for which ation. To further this action, a working group is my Department has responsibility. being set up to develop a policy for the provision The report’s findings will be given consider- of integrated rehabilitation services. This group ation by my Department during the preparation will be chaired by my Department and will consist of the new EU rural development framework for of representatives from all relevant Departments 2007-13. and agencies and the community and voluntary sectors. The group is scheduled to report by the Question No. 51 answered with Question end of the year on the appropriate policy and No. 22. actions to be implemented and I look forward to the outcome of its deliberations. National Drugs Strategy. 53. Ms Shortall asked the Minister for Com- 52. Mr. Sherlock asked the Minister for Com- munity, Rural and Gaeltacht Affairs his views on munity, Rural and Gaeltacht Affairs his views on the adoption of the EU Action Plan on Drugs the finalised mid-term review of the national 2005-2008; the way in which this will impact on drugs strategy; the amendments and additions the national drugs strategy; and if he will make a that have been made to the existing strategy; his statement on the matter. [22590/05] further views on the creation of a new fifth pillar of the strategy to include rehabilitation; and if he Minister of State at the Department of Com- will make a statement on the matter. [22589/05] munity, Rural and Gaeltacht Affairs (Mr. N. Minister of State at the Department of Com- Ahern): The European Council endorsed the EU munity, Rural and Gaeltacht Affairs (Mr. N. Drug Strategy 2005-2012 in December of last Ahern): The report of the steering group on the year. This strategy sets out the framework, objec- mid-term review of the national drugs strategy tives and priorities for two consecutive action was published in early June. The report was the plans, the first of which is the EU Action Plan on culmination of the mid-term review, a compre- Drugs 2005 to 2008. This action plan has not yet hensive review process which was launched last been adopted and is scheduled to be discussed at year and included an extensive public con- the next meeting of EU Justice and Home sultation. Affairs Ministers. The review was overseen by a steering group, The ultimate aim of the first action plan will be chaired by my Department, and made up of the to significantly reduce drug use amongst Europe’s relevant Departments and agencies as well as the population. It will also seek to reduce the harm community and voluntary sectors. The steering to society and the damage to health caused by the group was also assisted by external consultants. use of and trade in illicit drugs. In addition, it will The review sought to assess the impact and direc- provide a framework for a balanced approach to tion of the strategy at this mid-point stage and, in reducing both the supply of and demand for illicit 1259 Questions— 29 June 2005. Written Answers 1260

[Mr. N. Ahern.] The Government decided in December 2003 to drugs. While the action plan will be directed pri- bring forward legislative changes in arrangements marily at European institutions and bodies, it will for dormant accounts funding. Arising from this also provide a framework for action at member decision, the Dormant Accounts (Amendment) state level. Bill was published on 24 June 2004 and became The issue of concurrence between the EU law on 25 May 2005. The Act provides for key strategy and the national drugs strategy was changes in decision making on disbursements examined as part of the mid-term review of the from the fund and for a reconstituted board. national drugs strategy, which was published in early June. The steering group which oversaw the Dormant Accounts Board Approvals (by County). review found that the multi-disciplinary, balanced County No of Value of Approved approach of the national drugs strategy and its Approved Projects aims and objectives are consistent with the EU Projects strategy. In addition, the proposed actions of the new EU drugs action plan are broadly consistent \ with those in the current strategy and in the Carlow 6 313,149 recommendations contained in the mid-term Cavan 3 606,523 review. Accordingly, I am confident that the Clare 9 793,872 complementarities between national and EU approaches will be maintained into the future. Cork 59 8,064,161 Donegal 11 983,930 Irish Language. Dublin 184 19,181,811 Galway 27 4,091,015 54. Mr. Penrose asked the Minister for Com- munity, Rural and Gaeltacht Affairs if, in regard Kerry 24 2,974,470 to his statement of informed opinion in the Daíl Kildare 11 2,695,868 on 22 February 2005, he plans to introduce mech- Kilkenny 6 748,130 anisms to encourage persons from other countries Laois 4 199,722 who come to live here to learn Irish; and if he Leitrim 7 560,749 will make a statement on the matter. [22585/05] Limerick 16 1,943,616 Minister for Community, Rural and Gaeltacht Longford 7 451,336 Affairs (E´ amon O´ Cuı´v): There is already a wide Louth 9 700,464 range of options available to people who wish to Mayo 14 2,281,543 learn Irish at all levels. These options are avail- Meath 1 112,000 able to all, irrespective of whether a person is Monaghan 1 253,233 originally from this country or not. Accordingly, Offaly 1 60,000 I do not consider that there is a need at present Roscommon 12 1,115,269 for any additional measures in this regard. Sligo 13 1,204,859 Dormant Accounts Fund. Tipperary 17 1,302,150 Waterford 15 2,383,602 55. Ms C. Murphy asked the Minister for Com- Westmeath 8 564,263 munity, Rural and Gaeltacht Affairs the amount Wexford 9 1,319,282 which has been allocated from the dormant accounts fund on a county basis since its incep- Wicklow 8 1,286,788 tion; and if all of the funds committed have been Totals 482 56,191,804 spent. [22753/05] Minister of State at the Department of Com- munity, Rural and Gaeltacht Affairs (Mr. N. Community Development. Ahern): Decisions on the disbursement of funds from dormant accounts moneys are currently a 56. Mr. Durkan asked the Minister for Com- matter for the Dormant Accounts Fund Dis- munity, Rural and Gaeltacht Affairs his plans to bursements Board, an independent body estab- address social or economic deprivation in an lished under the dormant accounts Acts. The urban or rural context; and if he will make a state- board engaged Area Development Management ment on the matter. [22756/05] Ltd., ADM, to administer the initial round of Minister for Community, Rural and Gaeltacht funding on its behalf, which involves the allo- Affairs (E´ amon O´ Cuı´v): I refer the Deputy to cation of \60 million from the dormant accounts my answers to Questions Nos. 274 of 9 November fund. To date, the board has approved 482 pro- 2004, 212 of 1 February 2005, 40 of 22 February jects for funding which will involve the allocation 2005, 273 of February 2005, 15 of 14 April 2005, of approximately \56.2 million from the fund. A 118 and 119 of 14 April 2005. breakdown of these approved allocations by county is provided in the table. Over the coming Irish Language. weeks further allocations will be made by the board up to a total figure of \60 million. 57. Ms B. Moynihan-Cronin asked the Minister for Community, Rural and Gaeltacht Affairs if 1261 Questions— 29 June 2005. Written Answers 1262 his attention has been drawn to the fact that the number of marriages per 100,000 of population in Department of Social and Family Affairs esti- 2004. [23096/05] mates that the cost of complying with Irish language regulations under the Official Languages Act Minister of State at the Department of the 2003 will cost the Department in excess of \1 mil- Taoiseach (Mr. Kitt): The number of marriages lion per year; if his further attention has further registered in 2004 is not yet available. The been drawn to the annual costs for other Depart- number of marriages registered in 2003 was ments to meet these requirements; his views on 20,302. This equates to 510 marriages per 100,000 whether this is placing an unnecessary burden on population. This figure is subject to revision. the Exchequer; and if he will make a statement 61. Mr. Neville asked the Taoiseach the on the matter. [22583/05] number of separated and divorced persons in Minister for Community, Rural and Gaeltacht 2004. [23097/05] Affairs (E´ amon O´ Cuı´v): My Department understands from the Department of Social and Family Minister of State at the Department of the Affairs that a sum of \500,000 has been set aside Taoiseach (Mr. Kitt): The most comprehensive in that Department’s administrative budget in details in respect of the numbers of separated and 2005 to meet costs directly associated with the divorced persons comes from the census of popu- delivery of services to the public through the Irish lation. The results of the 2002 census indicate that language in accordance with the Official Langu- there were 99,000 separated persons and a further ages Act. 35,000 divorced persons in the State on 28 April I am not in a position to comment in detail on 2002. the estimate until I have seen a draft scheme, which I await from the Department concerned. EU Regulations. However, the administrative budget voted by this 62. Mr. Naughten asked the Taoiseach the House to the Department concerned is \306.195 million in 2005, which includes a \29 million steps he has taken to ensure that his Department increase over 2004. The estimate provided to my complies with the decisions of the High Court of Department amounts to about one sixth of 1% 6 March 2002 and of the Supreme Court of 16 of the administrative budget figure, which seems July 2003 that any ministerial order having the good value for money for the cost of providing its effect of creating an indictable offence is ultra services to the portion of the population who wish vires; if this decision has been upheld by his to do their business with the Department in Irish. Department; and if he will make a statement on In light of the foregoing, I regard the Depart- the matter. [23126/05] ment of Social and Family Affairs allocation of The Taoiseach: The question refers to the \ 500,000 to meets costs directly associated with decision of the High Court of 6 March 2002 and the Official Languages Act as appropriate and the Supreme Court decision of 16 July 2003, and reasonable. while the name of the case was not included in the parliamentary question, it would appear that Question No. 58 answered with Question it is referring to the decision of Vincent Browne No. 24. v the Attorney General. The Supreme Court in this case decided that an EC regulation can only Interdepartmental Meetings. be transposed by regulations under a provision of 59. D’fhiafraigh Mr. Gilmore den Aire Gno´ thaı´ an Act of the Oireachtas which specifically allows Pobail, Tuaithe agus Gaeltachta an raibh cainte- for the transposition of an EC regulation. anna aige leis an Roinn Oideachas agus Eolaı´- The parameters of the decision in the Browne ochta, mar gheall ar an meańscolaıócht sa Ghael- case were considered by the Supreme Court in tacht; agus an ndeánfaidh se´ raíteas ina leith. the subsequent case of Thomas Kennedy v the [22575/05] Attorney General, the Minister for the Marine Minister for Community, Rural and Gaeltacht and Natural Resources. The Supreme Court in its Affairs (E´ amon O´ Cuı´v): Mar is eol don Teachta, decision in that case of 31 May 2005 clarified the is ı´ an tAire Oideachais agus Eolaıóchta ata´ frea- limits of its earlier decision in the Browne case grach as cu´ rsaı´ oideachais, ar a n-aírı´tear cu´ rsaı´ and decided that EU policy can only be meańscolaıóchta sa Ghaeltacht. I gcomhtheács na implemented by regulations made under an Act freagrachta ata´ ormsa agus ar mo Roinnse i ndaíl of the Oireachtas where the Act specifically leis an nGaeilge agus leis an nGaeltacht, bıónn allows for the implementation of EU policy by cruinnithe rialta againn leis an Aire Oideachais regulations. agus Eolaıóchta agus le hoifigigh a Roinne chun The Attorney General will shortly advise the saincheisteanna a´bhartha a phle´, ina measc mean- Government on action to be taken to address the scolaıócht sa Ghaeltacht. Leanfar leis na cruinni- issues raised in these cases. the sin de reír mar is ga´. National Statistics. National Statistics. 63. Mr. Bruton asked the Taoiseach the 60. Mr. Neville asked the Taoiseach the number of households in the country in each of 1263 Questions— 29 June 2005. Written Answers 1264

[Mr. Bruton.] 65. Mr. Bruton asked the Taoiseach the total the last two censuses; and his estimate of any value and tonnage of the fish catch since 2003 to increase since the last census. [23407/05] date; the value and volume of the output; and the Minister of State at the Department of the numbers employed in fishing and fish processing Taoiseach (Mr. Kitt): The number of private since 2003 to date. [23410/05] households distinguished in the 1996 census was 1,123,200. The corresponding figure in 2002 was Minister of State at the Department of the 1,288,000 — an increase of 14.7% over the six Taoiseach (Mr. Kitt): I propose to take Questions years. On the basis of quarterly national house- Nos. 64 and 65 together. hold survey figures, it is estimated that the The estimates of sea fish landings for 1998 to number of private households increased by 7.3% 2003, which are largely based on data supplied by between the second quarter of 2002 and the first the Department of Communications, Marine and quarter of 2005. Natural Resources, are set out in table 1. Tables 64. Mr. Bruton asked the Taoiseach the details 2a and 2b show, in addition, the value and volume of the value and volume of the fish catch and fish of aquaculture and inland fisheries, together with production in each year since 1998. [23401/05] the total production.

Table 1. Sea fish landings.

Year Sea fish landings (value: million euro) Sea fish landings (weight: tonnes)

1998 192.3 320,163 1999 189.5 279,230 2000 189.0 272,875 2001 253.6 298,521 2002 209.9 245,165 2003 216.9 298,615

Table 2a. Fish Production (value: million euro).

Year Sea fish landings Aquaculture Inland Total Production

1998 192.3 77.2 6.2 275.7 1999 189.5 86.0 5.1 280.6 2000 189.0 95.4 6.1 290.5 2001 253.6 107.1 6.0 366.7 2002 209.9 117.4 5.5 332.8

Table 2b. Fish Production (weight: tonnes).

Year Sea fish landings Aquaculture Inland Total Production

1998 320,163 39,980 895 361,038 1999 279,230 43,856 775 323,861 2000 272,875 51,247 881 325,003 2001 298,521 60,935 900 360,356 2002 245,165 62,686 789 308,640

Figures for the value of output from the fish pro- census of industrial production. Corresponding cessing sector, covering the years 1998-2002, are volume figures are not available. provided in table 3. These data are from the CSO

Table 3. Output and Employment in Processing and preserving of fish and fish products (NACE code 1520).

Year Gross Output \000 Net Output \000 Employment

1998 303,890 101,478 2,754 1999 315,192 87,639 2,645 2000 342,895 104,042 2,568 2001 365,690 93,493 2,798 2002 429,555 126,931 3,009 1265 Questions— 29 June 2005. Written Answers 1266

With regard to employment in the fishing indus- Health Service Staff. try, quarterly national household survey, QNHS, 68. Ms McManus asked the Tańaiste and Mini- estimates of persons employed are contained in ster for Health and Children if her attention has Table 4. been drawn to the fact that 12 psychologists in Table 4. Persons in employment in fishing (NACE code 05). clinical training affiliated with a doctorate course run by NUI Galway and sponsored by the north Year Employed in Fishing west area have not been paid salaries due to them under the Labour Court ruling of 31 January 2005 1998 3,600 (details supplied); and if she will make a state- 1999 3,100 ment on the matter. [22937/05] 2000 3,100 Tańaiste and Minister for Health and Children 2001 3,200 (Ms Harney): The Deputy’s question relates to 2002 4,000 the management of human resource issues within 2003 2,600 the Health Service Executive. As the manage- 2004 2,800 ment and delivery of health and personal social services, including related human resource issues, Note: (1) Sea fish landings by foreign boats into Irish ports are not are the responsibility of the Health Service included in tables 1, 2a and 2b. Executive under the Health Act 2004, my Depart- (2) The QNHS estimates are subject to sampling and other ment has requested the parliamentary affairs div- survey errors, which are greater in respect of smaller values ision of the executive to arrange to have this and estimates of change. matter investigated and to have a reply issued directly to the Deputy. Health Facilities. Hospital Services. 66. Dr. Twomey asked the Tańaiste and Mini- 69. Ms McManus asked the Tańaiste and Mini- ster for Health and Children, further to ster for Health and Children the action which Parliamentary Question No. 142 of 21 June 2005, should be taken by a person (details supplied) if she will list each facility and its value that has with a medical card who needs to see a neurol- opened following the allocation of funding ogist urgently; and if she will make a statement announced in September 2004; if she will list each on the matter. [22938/05] new health facility and its value that remains closed in the country; and if she will make a state- Tańaiste and Minister for Health and Children ment on the matter. [22935/05] (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- Tańaiste and Minister for Health and Children sonal social services, which are the responsibility (Ms Harney): The Deputy’s question relates to of the Health Service Executive under the Health the management and delivery of health and per- Act 2004. Accordingly, my Department is sonal social services, which are the responsibility requesting the parliamentary affairs division of of the Health Service Executive under the Health the executive to arrange to have this matter inves- Act 2004. This includes responsibility for con- tigated and to have a reply issued directly to the sidering existing or new capital proposals in the Deputy. health capital programme. Accordingly, my Department has requested the parliamentary 70. Mr. Ferris asked the Tańaiste and Minister affairs division of the executive to arrange to have for Health and Children if at least two extra res- this matter investigated and to have a reply issued pite beds will be provided in Kerry General directly to the Deputy. Hospital; and if she will make a statement on the matter. [22939/05] Health Services. Minister of State at the Department of Health 67. Ms McManus asked the Tańaiste and Mini- and Children (Mr. S. Power): The Deputy’s ques- ster for Health and Children the breakdown by tion relates to the management and delivery of county of the waiting lists for orthodontic treat- health and personal social services, which are the ment; and if she will make a statement on the responsibility of the Health Service Executive matter. [22936/05] under the Health Act 2004. Accordingly, the Tańaiste and Minister for Health and Children Department has requested the parliamentary (Ms Harney): The Deputy’s question relates to affairs division of the executive to arrange to have the management and delivery of health and per- this matter investigated and to have a reply issued sonal social services, which are the responsibility directly to the Deputy. of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Hospitals Building Programme. requested the parliamentary affairs division of 71. Mr. Naughten asked the Tańaiste and Mini- the executive to arrange to have this matter inves- ster for Health and Children the reason the Por- tigated and to have a reply issued directly to the tunicula Hospital, Ballinasloe, was ignored by the Deputy. 1267 Questions— 29 June 2005. Written Answers 1268

[Mr. Naughten.] Health Services. HSE in its capital allocation; the proposals con- 75. Ms McManus asked the Tańaiste and Mini- sidered by the HSE for the hospital; and if she ster for Health and Children her position with will make a statement on the matter. [22940/05] regard to proposals (details supplied); and if she 72. Mr. Naughten asked the Tańaiste and Mini- will make a statement on the matter. [22944/05] ster for Health and Children the reason no fund- Minister of State at the Department of Health ing was provided for additional capacity at the and Children (Mr. T. O’Malley): The Deputy’s county hospital, Roscommon, by the HSE in its question relates to the management and delivery capital allocation; the proposals considered by the of health and personal social services, which are HSE for the hospital; and if she will make a state- the responsibility of the Health Service Executive ment on the matter. [22941/05] under the Health Act 2004. Accordingly, my Tańaiste and Minister for Health and Children Department has requested the parliamentary (Ms Harney): I propose to take Questions Nos. affairs division of the executive to arrange to have 71 and 72 together. this matter investigated and to have a reply issued The Deputy’s questions relate to the manage- directly to the Deputy. ment and delivery of health and personal social services, which are the responsibility of the Suicide Incidence. Health Service Executive under the Health Act 76. Mr. Neville asked the Tańaiste and Minister 2004. This includes responsibility for considering for Health and Children if she will report on the existing or new capital proposals in the health league table of suicides for persons under 25 capital programme. Accordingly, my Department years of age in the OECD countries. [22945/05] has requested the parliamentary affairs division of the executive to arrange to have these matters Minister of State at the Department of Health investigated and to have replies issued directly to and Children (Mr. T. O’Malley): The most recent the Deputy. Organisation for Economic Co-operation and Development, OECD, report “Society at a Health Services. Glance”, published in February 2003, presented information on a number of indices intended to 73. Mr. Ring asked the Tańaiste and Minister illustrate levels of social cohesion in member for Health and Children the help and services countries. Among these indices was the youth available for a person (details supplied) in suicide rate and the report showed that Ireland County Mayo. [22942/05] had the second highest rate of suicide for persons Minister of State at the Department of Health under the age of 25 years. It also reported that and Children (Mr. S. Power): The Deputy’s ques- the rate of increase in the youth suicide rate over tion relates to the management and delivery of the past 20 years had been highest in Ireland. health and personal social services, which are the However, the statistics presented in the report responsibility of the Health Service Executive must be interpreted with some degree of perspec- under the Health Act 2004. Accordingly, the tive. This report is based on data for 1998, the Department has requested the parliamentary year in which there were 514 deaths by suicide in affairs division of the executive to arrange to have Ireland. The average annual number of suicide this matter investigated and to have a reply issued deaths for the five years since then is 471. directly to the Deputy. Work is now well under way on the preparation of a national strategy for action on suicide prevention. This strategy, involving the project man- Services for People with Disabilities. agement unit, Health Service Executive, in part- 74. Mr. F. McGrath asked the Tańaiste and nership with the national suicide review group Minister for Health and Children if she will work and supported by the Department of Health and closely with Dublin City Council and the Depart- Children will be action based from the outset and ment of Social and Family Affairs in order that a will build on existing policy. All measures aimed disabled person (details supplied) be transferred at reducing the number of deaths by suicide will from a nursing home to live independently with be considered in the context of the preparation community supports; and if they will be given the of this strategy, which is due to be published in maximum assistance. [22943/05] September this year. Minister of State at the Department of Health 77. Mr. Neville asked the Tańaiste and Minister and Children (Mr. T. O’Malley): The Deputy’s for Health and Children the number of deliberate question relates to the management and delivery self harm persons presenting at accident and of health and personal social services, which are emergency departments in 2003 by gender. the responsibility of the Health Service Executive [22946/05] under the Health Act 2004. Accordingly, my Department has requested the parliamentary Tańaiste and Minister for Health and Children affairs division of the executive to arrange to have (Ms Harney): The national parasuicide registry this matter investigated and to have a reply issued collects data on persons presenting to hospital as directly to the Deputy. a consequence of deliberate self harm. Based on 1269 Questions— 29 June 2005. Written Answers 1270 near complete coverage of acute hospitals, the 83. Mr. P. McGrath asked the Tańaiste and registry estimates that in 2003 there were Minister for Health and Children the funding approximately 11,200 presentations nationally which has been allocated to Tullamore General due to deliberate self harm involving approxi- Hospital under the capital project funding allo- mately 8,800 individuals. The gender breakdown cation for 2005; the works which are planned with of recorded episodes shows that 42.6% were male this funding; and the timescale for the project. and 57.4% were female. [22954/05]

National Statistics. 84. Mr. P. McGrath asked the Tańaiste and Minister for Health and Children the funding 78. Mr. Neville asked the Tańaiste and Minister which has been allocated to Portlaoise General for Health and Children the number of children Hospital under the capital project funding allo- born to single mothers in 2004. [22947/05] cation for 2005; the works which are planned with Tańaiste and Minister for Health and Children this funding; and the timescale for the project. (Ms Harney): Data on births outside marriage are [22955/05] compiled by the Central Statistics Office and published in the annual and quarterly reports on vital Tańaiste and Minister for Health and Children statistics. The data for the fourth quarter of 2004 (Ms Harney): I propose to take Questions Nos. are not yet available. The number of births to sin- 80 to 84, inclusive, together. gle mothers registered during January to The Deputy’s questions relate to the manage- September 2004 was 15,155. ment and delivery of health and personal social services, which are the responsibility of the Hospitals Building Programme. Health Service Executive under the Health Act 79. Ms B. Moynihan-Cronin asked the Tańaiste 2004. This includes responsibility for considering and Minister for Health and Children, further to existing or new capital proposals in the health the recent announcement of the capital prog- capital programme. Accordingly, my Department ramme for hospitals, the stage of development has requested the parliamentary affairs division sanctioned; the cost involved; the timescale of the executive to arrange to have these matters involved in each of a number of projects (details investigated and to have replies issued directly to supplied); and if she will make a statement on the the Deputy. matter. [22950/05] Medical Cards. Tańaiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to 85. Mr. P. McGrath asked the Tańaiste and the management and delivery of health and per- Minister for Health and Children when the sonal social services, which are the responsibility doctor only medical card is likely to come into of the Health Service Executive under the Health effect; if she will backdate the scheme and com- Act 2004. This includes responsibility for con- pensate persons who meet her criteria for qualifi- sidering existing or new capital proposals in the cation for the doctor only medical card and who health capital programme. Accordingly, my have had excessive medical costs since January Department has requested the parliamentary 2005. [22956/05] affairs division of the executive to arrange to have this matter investigated and to have a reply issued Tańaiste and Minister for Health and Children directly to the Deputy. (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- ´ 80. Mr. P. McGrath asked the Tanaiste and sonal social services, which are the responsibility Minister for Health and Children the funding of the Health Service Executive, HSE, under the which has been allocated for phase 2b of Health Act 2004. The HSE has placed advertise- Mullingar General Hospital in view of her recent authorisation of capital project funding; and the ments providing details of the application process timescale for completion of works to allow this in the national press and intends to place further wing to become operational. [22951/05] advertisements in the regional press over the coming week. Those people whom the HSE 81. Mr. P. McGrath asked the Tańaiste and deems eligible for GP cards will be able to visit Minister for Health and Children the funding their general practitioner thereafter without which has been allocated to the Athlone health charge and receive general practitioner services infrastructure project in view of her recent auth- under the general medical services scheme from orisation of capital project funding for 2005. the date of approval of the card. [22952/05] Eligibility to GP visit cards will be determined 82. Mr. P. McGrath asked the Tańaiste and by the HSE, following an assessment of the Minister for Health and Children the funding income of the applicant and spouse, if any, after which has been allocated to community nursing tax and PRSI have been deducted. Provision for units at Mullingar and Castlepollard in view of the allowance of reasonable expenses in respect her recent authorisation of capital project funding of child care, rent/mortgage and commuting to for 2005. [22953/05] work has also been included. 1271 Questions— 29 June 2005. Written Answers 1272

General Medical Services Scheme. the general medical services, GMS, scheme with 86. Mr. P. McGrath asked the Ta´naiste and the Health Service Executive are remunerated on Minister for Health and Children the nature of the basis of the composition of their patient the contract which exists with general prac- panel. The annual capitation rates payable reflect titioners; the payment they receive per medical the age, gender and location of the patient and card holder and per doctor only medical card the agreed outcome of industrial relations nego- holder; the financial assistance they receive for tiations since the inception of the scheme, secretarial services and nursing services; and if between the Department of Health and Children she will make a statement on the matter. and the Irish Medical Organisation, the represen- [22957/05] tative body of the doctors concerned. A detailed Ta´naiste and Minister for Health and Children list of the current rates payable is set out in the (Ms Harney): Doctors holding contracts under table.

Age Up to 3 Miles 3-5 Miles 5-7 Miles 7-10 Miles Over 10 Miles

Male Female Male Female Male Female Male Female Male Female

\\\\\\\\ \ \ up to 4 years 61.65 60.13 64.91 63.43 69.74 68.27 74.53 73.08 80.48 79.98 5-15 35.77 36.17 37.14 37.55 39.11 39.58 41.06 41.50 43.50 43.88 16-44 45.65 74.67 47.42 76.43 50.01 79.02 52.60 81.16 55.71 84.72 45-64 91.20 100.22 95.42 104.44 101.67 110.67 107.82 116.85 115.48 124.45 65-69 96.09 107.20 107.83 118.96 125.28 136.39 142.41 153.52 163.71 174.85 70 and over 105.72 117.16 117.81 129.30 135.85 147.29 153.54 165.02 175.52 187.03

A capitation rate of \495.07 per annum is paid to scheme, and 31 August 2004, in excess of \90 mil- GPs for the provision of service under the GMS lion has been paid nationally under this scheme contract for each person who qualifies for a medi- to participating doctors. cal card for the first time on the basis of being aged 70 years and over in the community. In Health Service Allowances. respect of medical card holders aged 70 years and 87. Mr. P. McGrath asked the Ta´naiste and over who are resident in a private nursing home, Minister for Health and Children the number of approved by the Health Service Executive, for any continuous period of five weeks, the GP is applications received in the midland HSE area paid a capitation rate of \717.48 per annum per for the domiciliary care allowance in each of the card holder. past five years; the average time period for pro- Under the terms of the GMS, GP contract cessing these applications; the reason for the inor- allowances are also payable to GMS doctors in dinate delays in processing these applications; respect of leave — sick, maternity, paternity, and if she will make a statement on the annual, study, locum, palliative care, special items matter. [22958/05] of service, out of hours payments, medical indem- Minister of State at the Department of Health nity, rural practice, rostering and training prac- and Children (Mr. T. O’Malley): The Deputy’s tices. Payments are also made in respect of super- question relates to the management and delivery annuation. GMS GPs also receive once off of health and personal social services, which are registration payments in respect of their non-EU the responsibility of the Health Service Executive national patients. Under the terms of the recent under the Health Act 2004. Accordingly, my Labour Relations Commission recommendation, Department has requested the parliamentary GPs holding GMS contracts providing services to affairs division of the executive to arrange to have GP visit card holders would receive a once off this matter investigated and to have a reply issued \ payment of 35 for each of the first 200,000 directly to the Deputy. patients admitted under this scheme. GMS GPs may also apply for allowances in 88. Mr. P. McGrath asked the Ta´naiste and respect of the employment of practice nurses, sec- Minister for Health and Children the reason for retaries and managers. These allowances are the inordinate delay in processing the domiciliary based on their patient panel composition and the care allowance application by a person (details experience and conditions of employment of the supplied) in County Westmeath; and if this case staff involved. The maximum grant in respect of will be expedited. [22960/05] a practice nurse is currently \31,262.43 and for a practice secretary up to a maximum of \19,894.27. Minister of State at the Department of Health Doctors who participate in the indicative drugs and Children (Mr. T. O’Malley): The Deputy’s target savings scheme have also been able to question relates to the management and delivery access savings made under the scheme to fund of health and personal social services, which are HSE approved practice development projects. the responsibility of the Health Service Executive Between January 1993, the introduction of the under the Health Act 2004. Accordingly, my 1273 Questions— 29 June 2005. Written Answers 1274

Department has requested the parliamentary efforts she is making to provide this cover. affairs division of the executive to arrange to have [22967/05] this matter investigated and to have a reply issued Tanaiste and Minister for Health and Children directly to the Deputy. ´ (Ms Harney): I propose to take Questions Nos. 89. Mr. P. McGrath asked the Tańaiste and 91 to 93, inclusive, together. Minister for Health and Children the reason for The Deputy’s questions relate to the manage- the inordinate delay in processing the domiciliary ment and delivery of health and personal social care allowance application by a person (details services, which are the responsibility of the supplied) in County Westmeath; and if this case Health Service Executive under the Health Act will be expedited. [22961/05] 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive Minister of State at the Department of Health to arrange to have these matters investigated and and Children (Mr. T. O’Malley): The Deputy’s to have a reply issued directly to the Deputy. question relates to the management and delivery of health and personal social services, which are Youth Services. the responsibility of the Health Service Executive 94. Mr. Hayes asked the Tańaiste and Minister under the Health Act 2004. Accordingly, my for Health and Children if she will consider pro- Department has requested the parliamentary viding financial assistance to communities to affairs division of the executive to arrange to have meet the costs of insurance, supervision, heating, this matter investigated and to have a reply issued lighting and so on, of parochial halls and schools directly to the Deputy. during out of school hours in parishes to provide young persons with a viable social alternative to Hospital Services. the public house. [22968/05] 90. Mr. Kehoe asked the Tańaiste and Minister Minister of State at the Department of Health for Health and Children the reason for the delay and Children (Mr. S. Power): My Department in admitting a person (details supplied) in County does not intend to provide the funding outlined Wexford to the eating disorder unit at Loughlins- in the Deputy’s question. However, the National town Hospital; when they will be admitted; and if Children’s Office, under the auspices of my she will make a statement on the matter. Department, is currently developing a recreation [22962/05] policy for young people aged 12 to 18 years. The Tańaiste and Minister for Health and Children policy will deal with recreation opportunities (Ms Harney): The Deputy’s question relates to funded by the State. As part of the process, con- the management and delivery of health and per- sideration will be given as to how best to utilise sonal social services, which are the responsibility existing facilities such as school premises, sports of the Health Service Executive under the Health halls and so forth. Act 2004. Accordingly, my Department has A public consultation was launched by my col- requested the parliamentary affairs division of league, Deputy Brian Lenihan, the Minister of the executive to arrange to have this matter inves- State with responsibility for children, on May tigated and to have a reply issued directly to the 2005. The results are expected in the autumn. In Deputy. addition, a steering group has been established to oversee and guide the development of policy. The Ambulance Service. group, chaired by the National Children’s Office, has representatives from key Departments, local 91. Mr. Kehoe asked the Tańaiste and Minister authorities and the Irish Sports Council. for Health and Children the number of nights between June 2005 and December 2005 during Nursing Homes. which New Ross, County Wexford, will be left without its own 24 hour ambulance cover; the 95. Mr. Hayes asked the Tańaiste and Minister efforts she is making to provide this cover; and if for Health and Children the measures being put she will make a statement on the matter. in place to make inspections of nursing homes [22965/05] more frequent and random. [22970/05] 92. Mr. Kehoe asked the Tańaiste and Minister Minister of State at the Department of Health for Health and Children the number of nights and Children (Mr. S. Power): The HSE has between June 2005 and December 2005 during initiated a review of the current approach to nurs- which Gorey, County Wexford, will be left with- ing home inspections which will examine issues out its own 24 hour ambulance cover; the efforts such as preparation work undertaken, assessment she is making to provide this cover. [22966/05] tools used, methodologies employed during inspections, guidelines dealing with announced 93. Mr. Kehoe asked the Tańaiste and Minister and unannounced visits and procedures to assess for Health and Children the number of nights the quality of care. The reviewer has been asked between June 2005 and December 2005 during to provide a report to the HSE outlining his find- which Enniscorthy, County Wexford, will be left ings, including any actions which should be taken without its own 24 hour ambulance cover; the to improve the quality of the inspection process 1275 Questions— 29 June 2005. Written Answers 1276

[Mr. S. Power.] requesting the parliamentary affairs division of and to identify any other issues that need to be the executive to arrange to have this matter inves- addressed for the future. tigated and to have a reply issued directly to the As already announced, the social services Deputy. inspectorate is to be established on a statutory basis. The legislation will be published later this Services for People with Disabilities. year. The inspectorate will be charged with the 98. Mr. G. Murphy asked the Tańaiste and inspection of both public and private nursing Minister for Health and Children if her attention homes and will be responsible for reporting on has been drawn to the fact that as a consequence standards of care in such homes. In addition, the of the Irish Wheelchair Association being affili- Department of Health and Children is urgently ated to the Health Services Employers Agency, reviewing the operation of the Health (Nursing the hourly rate of payment for Saturday over- Homes) Act 1990 and regulations made under the nights and nights preceding bank holidays for Act to see which powers available to the Health personal assistants working for persons with dis- Service Executive need to be strengthened. This abilities has been cut; if no other health service wide ranging review will have the rights of funded posts receive similar premium rate of pay patients at its centre. It is intended to have this for working anti-social hours; and her views on Bill published later this year. whether, unless this regulation is changed, it will The Tańaiste wrote to the HSE on 14 June be even more difficult for persons with disabilities 2005 to ensure that the target of two inspections to live a normal independent life. [22973/05] per year under Article 24 of the Nursing Homes (Care and Welfare) Regulations 1993 be achieved Tańaiste and Minister for Health and Children countrywide as a matter of urgency. The Tańaiste (Ms Harney): The Irish Wheelchair Association is also requested that the inspection process be a non-governmental organisation which provides prioritised within the HSE to achieve compliance services on behalf of the Health Service Execu- with Article 24 of the regulations. tive or HSE. Under the Health Act 2004 the Health Service Executive has responsibility to National Drugs Strategy. manage and deliver health and personal social 96. Mr. English asked the Tańaiste and Mini- services or to arrange for the delivery of these ster for Health and Children the measures in services on its behalf. place and those that remain to be implemented The Act also provided for the dissolution of the to ensure that all drug users have immediate Health Service Employers Agency, HSEA, and access to professional assessment, counselling and the transfer of its functions to the executive. The treatment by regional health services, as prom- HSEA was a representative body for health ised under the national drugs strategy; if she will service employers which promoted the develop- provide information on the existing waiting times ment of improved human resource practices and for access to such services in each regional health represented employers in the management of office area; when she envisages that these waiting industrial relations. Accordingly, my Department times for assessment, counselling and treatment has requested the parliamentary affairs division services will be eliminated; and if she will make a of the executive to have a reply issued directly to statement on the matter. [22971/05] the Deputy. Minister of State at the Department of Health Hospitals Building Programme. and Children (Mr. S. Power): The Deputy’s question relates to the management and delivery of 99. Mr. Stagg asked the Tańaiste and Minister health and personal social services, which are the for Health and Children the details of the works responsibility of the Health Service Executive to be carried out at Naas General Hospital under under the Health Act 2004. Accordingly, my the recent announcement of a capital programme Department has requested the parliamentary for health services; the amount allocated for these affairs division of the executive to arrange to have works in Naas General Hospital; and if she will this matter investigated and to have a reply issued make a statement on the matter. [22974/05] directly to the Deputy. 100. Mr. Stagg asked the Tańaiste and Minister for Health and Children the details of the works Health Services. to be carried out at Mayo General Hospital; the 97. Mr. Ellis asked the Tańaiste and Minister amount provided for this purpose under the capi- for Health and Children if a person (details tal programme announced by the HSE on 21 June supplied) in County Leitrim will receive surgery 2005; and if she will make a statement on the under the patient treatment scheme. [22972/05] matter. [22975/05] Tańaiste and Minister for Health and Children 101. Mr. Stagg asked the Tańaiste and Minister (Ms Harney): The Deputy’s question relates to for Health and Children the details of the works the management and delivery of health and per- to be carried out to the senior citizens hospital in sonal social services, which are the responsibility Maynooth; the amount to be provided for same of the Health Service Executive under the Health under the capital programme of works Act 2004. Accordingly, my Department is announced by the HSE on 21 June 2005; and if 1277 Questions— 29 June 2005. Written Answers 1278 she will make a statement on the matter. Family Affairs has also implemented a range of [22976/05] measures since 1999 to assist carers, including increases in the carer’s allowance, the introduc- Tańaiste and Minister for Health and Children tion of an annual payment of \1,000 towards the (Ms Harney): I propose to take Questions Nos. cost of respite care and the extension of schemes 99 to 101, inclusive, together. such as the free electricity allowance, free tele- The Deputy’s questions relate to the manage- phone rental and free TV licence to those on car- ment and delivery of health and personal social er’s allowance. services, which are the responsibility of the The Carers Leave Act 2001 allows employees Health Service Executive under the Health Act in Ireland to leave their employment temporarily 2004. This includes responsibility for considering for a minimum period of 13 weeks up to a existing or new capital proposals regarding the maximum period of 65 weeks to provide full-time health capital programme. Accordingly, my care and attention. Carers’ leave from employ- Department has requested the parliamentary ment is unpaid but the Carers Leave Act ensures affairs division of the executive to arrange to have that those who propose to avail of carers’ leave replies issued directly to the Deputy. will have their jobs kept open for them for the duration of the leave. Cancer Screening. The above mentioned initiatives demonstrate 102. Dr. Cowley asked the Tańaiste and Mini- this Government’s commitment to addressing the ster for Health and Children the progress she has shortcomings identified by the Carers Association made on the institution of BreastCheck services and other groups regarding support for carers. following the insertion of tenders in the EU journal for the design stage of BreastCheck; the pro- Health Services. gress made in view of the continuing mortality 104. Mr. Allen asked the Tańaiste and Minister due to the lack of this service; and if she will for Health and Children the reason a person make a statement on the matter. [22977/05] (details supplied) in County Cork must wait from Tańaiste and Minister for Health and Children five to six weeks for an eye test. [22979/05] (Ms Harney): Following publication of tender Tańaiste and Minister for Health and Children notices in the EU Journal, BreastCheck has indi- (Ms Harney): The Deputy’s question relates to cated that it received 50 requests to participate in the management and delivery of health and per- the procurement process which will be carried out sonal social services, which are the responsibility in accordance with EU procurement procedures of the Health Service Executive under the Health using the restricted procedure. BreastCheck Act 2004. Accordingly, my Department has anticipates that the short-listing, interviews and requested the parliamentary affairs division of fee negotiations will be complete by the end of the executive to have a reply issued directly to July 2005. Discussions on staffing requirements the Deputy. are currently taking place involving BreastCheck, the Health Service Executive and my Depart- Ambulance Service. ment. I am confident that the target date of 2007 for the commencement of the national roll out 105. Mr. Deenihan asked the Tańaiste and will be met. Minister for Health and Children if she will establish a first responders scheme in County Kerry Health Service Strategy. similar to that operated by the ambulance service in the former Eastern Regional Health Authority 103. Mr. Noonan asked the Tańaiste and Mini- area; and if she will make a statement on the ster for Health and Children her views on the matter. [22980/05] development of a national strategy for carers in consultation with the Carers Association; and if 139. Mr. Perry asked the Tańaiste and Minister she will make a statement on the matter. for Health and Children if she will set up the first [22978/05] responder scheme in Counties Sligo and Leitrim similar to the scheme operated by the former Minister of State at the Department of Health regional health authority; when it will commence; and Children (Mr. S. Power): Carers provide an if it is her view that the provision of defibrillators invaluable role in supporting family members in with training from the local health authority in the community and it is important to recognise major population centres has a proven track their contribution to society. The role of carers in record for saving life; and if she will make a state- society has to some extent not been fully recog- ment on the matter. [23298/05] nised in the past but this situation is changing with a number of initiatives being introduced to Tańaiste and Minister for Health and Children address their needs. (Ms Harney): I propose to take Questions Nos. The Department of Health and Children pro- 105 and 139 together. vided in excess of \1 million in funding in 2005 The Deputy’s question relates to the manage- to a number of groups supporting carers such as ment and delivery of health and personal social Care Alliance, Caring for Carers and the Carers services, which are the responsibility of the Association. The Department of Social and Health Service Executive under the Health Act 1279 Questions— 29 June 2005. Written Answers 1280

[Ms Harney.] begin on the 21 bed unit in Wexford General 2004. Accordingly, my Department is requesting Hospital; and if she will make a statement on the the parliamentary affairs division of the executive matter. [23165/05] to have a reply issued directly to the Deputy. Tańaiste and Minister for Health and Children Infectious Diseases. (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- 106. Mr. Bruton asked the Tańaiste and Mini- sonal social services, which are the responsibility ster for Health and Children if guidelines apply of the health service executive under the Health in respect of the wearing of uniforms and foot- Act 2004. This includes responsibility for con- wear to and from work by persons working on sidering existing or new capital proposals with the wards of hospitals as an element of the prog- regard to the health capital programme. Accord- ramme to reduce the transmission of infection; ingly, my Department has requested the the terms of reference for the proposed audit of parliamentary affairs division of the executive to hygiene in hospitals; and if she will make a state- arrange to have a reply issued directly to the ment on the matter. [22981/05] Deputy. Tańaiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to Care of the Elderly. the management and delivery of health and per- 110. Mr. Lowry asked the Tańaiste and Mini- sonal social services, which are the responsibility ster for Health and Children if she plans to of the Health Service Executive under the Health include elderly day care patients as class 2 per- Act 2004. Accordingly, my Department has sons under regulations; if she will clarify, using requested the parliamentary affairs division of examples, the type of patients included under the the executive to have a reply issued directly to regulations under each class provided for; and if the Deputy. she will make a statement on the matter. [23166/05] Hospitals Building Programme. Tańaiste and Minister for Health and Children ´ 107. Mr. P. Breen asked the Tanaiste and Mini- (Ms Harney): I, and my colleague, the Minister ster for Health and Children her plans for the for Finance, signed the Health (Charges for In- upgrading of St Joseph’s Hospital, Ennis; the Patient Services) Regulations 2005 on 14 June funding available for this upgrading; and if she last, and these regulations reinstate charges for will make a statement on the matter. [22982/05] inpatient services. Section 53 of the Health Act Minister of State at the Department of Health 1970, as amended by the Health (Amendment) and Children (Mr. S. Power): The Deputy’s ques- Act 2005, provides, inter alia, for the levying of a tion relates to the management and delivery of charge where inpatient services have been pro- health and personal social services, which are the vided for a period of not less than 30 days or for responsibility of the Health Service Executive periods aggregating not less than 30 days within under the Health Act 2004. Accordingly, my the previous 12 months. In this regard, charging Department has requested the parliamentary for patients in long-term care cannot commence affairs division of the executive to have a reply until the expiration of 30 days after the regu- issued directly to the Deputy. lations were signed, which means that the earliest date on which charges can be levied is 14 July EU Regulations. 2005. 108. Mr. Naughten asked the Tańaiste and These regulations provide for the levying of a Minister for Health and Children the steps she charge in respect of the maintenance of persons has taken to ensure that her Department com- in receipt of inpatient services. Section 51 of the plies with the decisions of the High Court of 6 Health Act 1970 defines inpatient services as March 2002 and of the Supreme Court of 16 July meaning “institutional services provided for per- 2003 that any ministerial order having the effect sons while maintained in a hospital, convalescent of creating an indictable offence is ultra vires; if home or home for persons suffering from physical this decision has been upheld by her Department; or mental disability or in accommodation ancil- and if she will make a statement on the lary thereto”. matter. [23127/05] The regulations, in keeping with section 53 of the Health Act 1970, as amended, have provided Tańaiste and Minister for Health and Children for two different classes of persons on whom (Ms Harney): In the time available, it has not charges can be levied. Class 1 refers to people in been possible to collate the information receipt of inpatient services on premises where requested. However, my Department will estab- nursing care is provided on a 24 hour basis on lish the position and respond to the Deputy as those premises. In this case, a weekly charge can soon as possible. be levied of \120 or the weekly income of that person less \35, whichever is the lesser. Class 2 Hospitals Building Programme. refers to people in receipt of inpatient services on 109. Mr. Kehoe asked the Tańaiste and Mini- premises where nursing care is not provided on a ster for Health and Children when work will 24 hour basis on those premises. In this situation, 1281 Questions— 29 June 2005. Written Answers 1282 a weekly charge can be levied of \90 or the of stakeholders later this year on any proposals weekly income of that person less \55 or 60% of put forward by the group. the weekly income of that person, whichever is It will be appreciated that since the value of the lesser. persons’ pensions is unknown, it is not possible These regulations provide for the maximum to cost the proposal. Under the Nursing Homes charge to be levied on either class of person. (Subvention) Regulations 1993 the Health However, the Health Service Executive has Service Executive in assessing the means of an power to reduce or waive a charge on the grounds applicant for subvention shall disregard income of “undue hardship”. Under the regulations, only equivalent to one fifth of the weekly rate of the the HSE has the power to levy a charge. It is a old age non-contributory pension. matter for the HSE, based on its own legal advice and taking into account the individual circum- Grant Schemes. stances as well as the service being provided, to 112. Mr. Lowry asked the Tańaiste and Mini- make a decision on charges. ster for Health and Children if she will expand the home care grant scheme to the mid-western Nursing Home Subventions. region; the likely annual cost of the scheme; and 111. Mr. Lowry asked the Tańaiste and Mini- if she will make a statement on the matter. ster for Health and Children if she will extend the [23168/05] nursing home subvention scheme to cover the full Minister of State at the Department of Health cost of care and to ensure that pensioners availing and Children (Mr. S. Power): The Deputy’s ques- of the scheme will continue to retain at least 50% tion relates to the management and delivery of of their pensions; the cost to the State of such health and personal social services, which are the measures; and if she will make a statement on the responsibility of the Health Service Executive matter. [23167/05] under the Health Act 2004. Accordingly, the Minister of State at the Department of Health Department has requested the parliamentary and Children (Mr. S. Power): The Health affairs division of the executive to arrange to have (Nursing Homes) Act 1990 allows for the pay- a reply issued directly to the Deputy. ment of a subvention towards the cost of nursing Health Services. home care based on medical and means assessments. The process used in determining a per- 113. Mr. Naughten asked the Tańaiste and son’s eligibility for subvention is set out in the Minister for Health and Children the reason Nursing Homes (Subvention) Regulations 1993. there is no obligation on the HSE to provide As the Deputy will be aware, the placing of a transport for patients attending outpatient person in a private nursing home is a private appointments who have no access to either matter between the person or his or her represen- private or public transport and who cannot afford tatives and the nursing home proprietor, as are a taxi; if she will review this situation; and if she the fees charged by a nursing home. The subven- will make a statement on the matter. [23169/05] tion scheme was introduced to assist with the cost Tańaiste and Minister for Health and Children of private nursing home care and it was never (Ms Harney): The Deputy’s question relates to intended that a subvention payment would meet the management and delivery of health and per- the full costs of private nursing home care. sonal social services, which are the responsibility The Government is very conscious of the of the Health Service Executive under the Health changing demographic profile of our population, Act 2004. Accordingly, the Department has with more people living longer and more fulfilling requested the parliamentary affairs division of lives and the consequential increasing demand for the executive to arrange to have a reply issued services, both community based and residential. directly to the Deputy. The Mercer report on the future financing of long-term care in Ireland, which was com- Therapy Services. missioned by the Department of Social and Family Affairs, examined issues surrounding the 114. Ms C. Murphy asked the Tańaiste and financing of long-term care. Following the publi- Minister for Health and Children if she will seek cation of this report, a working group chaired by equality of service from the HSE for front line the Department of the Taoiseach and comprising therapy services such as speech, occupational and senior officials from the Departments of Finance, physiotherapy; the way in which this might be Health and Children and Social and Family achieved in view of the fact that the public service Affairs has been established. embargo is in place and sanctioned positions are The group is examining service issues in regard in some cases not being advertised because of the to home care and residential care and funding embargo. [23170/05] mechanisms to support initiatives that may be Minister of State at the Department of Health proposed in regard to those services. The group and Children (Mr. T. O’Malley): There is cur- will report in the near future to both the Tańaiste rently no embargo on recruitment of staff in the and Minister for Social and Family Affairs and it health services. However, the management of the is likely that the Government will seek the views employment ceiling for the health sector is a 1283 Questions— 29 June 2005. Written Answers 1284

[Mr. T. O’Malley.] Hospital Services. matter for the Health Service Executive, which 118. Mr. P. Breen asked the Tańaiste and Mini- may, as part of this management, prioritise cer- ster for Health and Children, further to tain areas in line with the service priorities set out Parliamentary Question No. 142 of 10 May 2005, in its service plan for 2005. if a person (details supplied) in County Clare will be called for surgery to Our Lady’s Hospital, General Register Office. Crumlin, before returning to school in September 115. Ms C. Murphy asked the Tańaiste and 2005; and if she will make a statement on the Minister for Health and Children when the matter. [23226/05] scheme to computerise the registers of births, Tańaiste and Minister for Health and Children marriages and deaths will be fully operational; (Ms Harney): The Deputy’s question relates to and the stage the project is at. [23171/05] the management and delivery of health and per- Tańaiste and Minister for Health and Children sonal social services, which are the responsibility (Ms Harney): An tArd-Chla´raitheoir, the Regis- of the Health Service Executive under the Health trar-General, is the person with statutory Act 2004. Accordingly, the Department has responsibility for the administration of the civil requested the parliamentary affairs division of registration system in Ireland. I have made the executive to arrange to have a reply issued inquiries of the Registrar-General and the posi- directly to the Deputy. tion is as follows. The civil registration computer system has Health Service Staff. been fully operational across all areas of the 119. Mr. P. Breen asked the Tańaiste and Mini- Health Service Executive since the end of 2004. ster for Health and Children, further to The functionality deployed includes search, issue Parliamentary Questions Nos. 85 and 101 of 22 of certificates and registration of life events. Cur- March 2005 and 179 and 185 of 26 April 2005, rently, historic data are available in respect of when funding will be made available to students births back to 1864, deaths to 1924 and marriages covered by Labour Court recommendation to 1920. 18030; and if she will make a statement on the matter. [23227/05] Health Services. Tańaiste and Minister for Health and Children 116. Ms C. Murphy asked the Tańaiste and (Ms Harney): The Deputy’s question relates to Minister for Health and Children if places in the management and delivery of health and per- public nursing homes have been assigned for sonal social services, which are the responsibility short stay care to relieve pressure on acute of the Health Service Executive under the Health hospital beds; if so, their number and location. Act 2004. Accordingly, the Department has [23172/05] requested the parliamentary affairs division of Tańaiste and Minister for Health and Children the executive to arrange to have a reply issued (Ms Harney): The Deputy’s question relates to directly to the Deputy. the management and delivery of health and personal social services, which are the responsibility Hospital Services. of the Health Service Executive under the Health 120. Mr. P. Breen asked the Tańaiste and Mini- Act 2004. Accordingly, the Department has ster for Health and Children when a person requested the parliamentary affairs division of (details supplied) in County Clare will be the executive to arrange to have a reply issued assessed for hip surgery in Croom Orthopaedic directly to the Deputy. Hospital, Limerick; and if she will make a statement on the matter. [23229/05] Nursing Home Subventions. Tańaiste and Minister for Health and Children 117. Ms C. Murphy asked the Tańaiste and (Ms Harney): The Deputy’s question relates to Minister for Health and Children the reason the management and delivery of health and per- enhanced subvention for nursing home care is sonal social services, which are the responsibility available in some parts of the country and not in of the Health Service Executive under the Health others; and the way in which it is intended to rem- Act 2004. Accordingly, the Department has edy this. [23173/05] requested the parliamentary affairs division of Minister of State at the Department of Health the executive to arrange to have a reply issued and Children (Mr. S. Power): The Deputy’s ques- directly to the Deputy. tion relates to the management and delivery of health and personal social services, which are the Health Services. responsibility of the Health Service Executive 121. Mr. P. Breen asked the Tańaiste and Mini- under the Health Act 2004. Accordingly, the ster for Health and Children, further to Department has requested the parliamentary Parliamentary Question No. 207 of 8 March 2005, affairs division of the executive to arrange to have if the chief officer for the HSE’s mid-western area a reply issued directly to the Deputy. has investigated the matter for a person (details 1285 Questions— 29 June 2005. Written Answers 1286 supplied) in County Clare; and if she will make a Government. Accordingly, the Department has statement on the matter. [23230/05] requested the parliamentary affairs division of the executive to arrange to have a reply issued Minister of State at the Department of Health directly to the Deputy. and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery 125. Mr. P. Breen asked the Tańaiste and Mini- of health and personal social services, which are ster for Health and Children, further to the responsibility of the Health Service Executive Parliamentary Question No. 124 of 1 of June under the Health Act 2004. Accordingly, the 2005, if the community welfare officer has com- Department has requested the parliamentary piled a report under the housing aid for the eld- affairs division of the executive to arrange to have erly scheme for a person (details supplied) in a reply issued directly to the Deputy. County Clare; and if she will make a statement 122. Mr. P. Breen asked the Tańaiste and Mini- on the matter. [23250/05] ster for Health and Children if her Department will provide funding to facilitate the opening and Minister of State at the Department of Health the adequate use of the day care centre at and Children (Mr. S. Power): As the issue raised Shannon Airport; and if she will make a state- by the Deputy in Parliamentary Question No. 124 ment on the matter. [23231/05] of 1 June 2005 related to the management and delivery of health services in the Clare area, the Minister of State at the Department of Health Department wrote requesting that the chief and Children (Mr. S. Power): The Deputy’s ques- officer of the Health Service Executive, mid-west- tion relates to the management and delivery of ern area, to reply direct to him. The HSE mid- health and personal social services, which are the western area has informed the Department that responsibility of the Health Service Executive a reply was issued directly to the Deputy on 21 under the Health Act 2004. Accordingly, the June 2005. Department has requested the parliamentary 126. Mr. P. Breen asked the Tańaiste and Mini- affairs division of the executive to arrange to have ster for Health and Children the status of an a reply issued directly to the Deputy. application for the installation of a shower under 123. Mr. P. Breen asked the Tańaiste and Mini- the housing aid for the elderly scheme for a per- ster for Health and Children when a person son (details supplied) in County Clare; and if she (details supplied) in County Clare will be facili- will make a statement on the matter. [23251/05] tated with a bed in the Alzheimer’s unit in St. Joseph’s Hospital, County Clare; and if she will Minister of State at the Department of Health make a statement on the matter. [23232/05] and Children (Mr. S. Power): The Deputy’s question relates to the management and delivery of Minister of State at the Department of Health health and personal social services, which are the and Children (Mr. S. Power): The Deputy’s ques- responsibility of the Health Service Executive tion relates to the management and delivery of under the Health Act 2004. This includes health and personal social services, which are the responsibility for the provision of the housing aid responsibility of the Health Service Executive scheme for the elderly, on behalf of the Depart- under the Health Act 2004. Accordingly, the ment of the Environment, Heritage and Local Department has requested the parliamentary Government. Accordingly, the Department has affairs division of the executive to arrange to have requested the parliamentary affairs division of a reply issued directly to the Deputy. the executive to arrange to have a reply issued directly to the Deputy. Housing Aid for the Elderly. 127. Mr. P. Breen asked the Tańaiste and Mini- 124. Mr. P. Breen asked the Tańaiste and Mini- ster for Health and Children if the HSE has ster for Health and Children, further to received quotations from a person (details Parliamentary Question No. 247 of 19 October supplied) in County Clare under the housing aid 2004, the status of an application for repairs to for the elderly scheme; and if she will make a a chimney and installation of heating under the statement on the matter. [23252/05] housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will Minister of State at the Department of Health make a statement on the matter. [23249/05] and Children (Mr. S. Power): The Deputy’s ques- Minister of State at the Department of Health tion relates to the management and delivery of and Children (Mr. S. Power): The Deputy’s ques- health and personal social services, which are the tion relates to the management and delivery of responsibility of the Health Service Executive health and personal social services, which are the under the Health Act 2004. This includes responsibility of the Health Service Executive responsibility for the provision of the housing aid under the Health Act 2004. This includes scheme for the elderly, on behalf of the Depart- responsibility for the provision of the housing aid ment of the Environment, Heritage and Local scheme for the elderly, on behalf of the Depart- Government. Accordingly, the Department has ment of the Environment, Heritage and Local requested the parliamentary affairs division of 1287 Questions— 29 June 2005. Written Answers 1288

[Mr. S. Power.] the HSE to arrange to have a reply issued directly the HSE to arrange to have a reply issued directly to the Deputy. to the Deputy. 131. Mr. P. Breen asked the Tańaiste and Mini- 128. Mr. P. Breen asked the Tańaiste and Mini- ster for Health and Children the status of an ster for Health and Children if the community application under the housing aid for the elderly welfare officer’s report and a technical report scheme for persons (details supplied) in County have been supplied under the housing aid for the Clare; and if she will make a statement on the elderly scheme for persons (details supplied) in matter. [23256/05] County Clare; and if she will make a statement on the matter. [23253/05] Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Minister of State at the Department of Health tion relates to the management and delivery of and Children (Mr. S. Power): The Deputy’s ques- health and personal social services, which are the tion relates to the management and delivery of responsibility of the Health Service Executive health and personal social services, which are the under the Health Act 2004. This includes responsibility of the Health Service Executive responsibility for the provision of the housing aid under the Health Act 2004. This includes scheme for the elderly, on behalf of the Depart- responsibility for the provision of the housing aid ment of the Environment, Heritage and Local scheme for the elderly, on behalf of the Depart- Government. Accordingly, the Department has ment of the Environment, Heritage and Local requested the parliamentary affairs division of Government. Accordingly, the Department has the HSE to arrange to have a reply issued directly requested the parliamentary affairs division of to the Deputy. the HSE to arrange to have a reply issued directly 132. Mr. P. Breen asked the Tańaiste and Mini- to the Deputy. ster for Health and Children the status of an 129. Mr. P. Breen asked the Tańaiste and Mini- application under the housing aid for the elderly ster for Health and Children the status of an scheme for a person (details supplied) in County application under the housing aid for the elderly Clare; and if she will make a statement on the scheme for persons (details supplied) in County matter. [23257/05] Clare. [23254/05] Minister of State at the Department of Health Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- and Children (Mr. S. Power): The Deputy’s question relates to the management and delivery of tion relates to the management and delivery of health and personal social services, which are the health and personal social services, which are the responsibility of the Health Service Executive responsibility of the Health Service Executive under the Health Act 2004. This includes under the Health Act 2004. This includes responsibility for the provision of the housing aid responsibility for the provision of the housing aid scheme for the elderly, on behalf of the Depart- scheme for the elderly, on behalf of the Depart- ment of the Environment, Heritage and Local ment of the Environment, Heritage and Local Government. Accordingly, the Department has Government. Accordingly, the Department has requested the parliamentary affairs division of requested the parliamentary affairs division of the HSE to arrange to have a reply issued directly the HSE to arrange to have a reply issued directly to the Deputy. to the Deputy. 133. Mr. P. Breen asked the Tańaiste and Mini- 130. Mr. P. Breen asked the Tańaiste and Mini- ster for Health and Children the status of an ster for Health and Children if the technical fore- application under the housing aid for the elderly man has assessed the status of an applicant scheme for a person (details supplied) in County (details supplied) in County Clare under the Clare; and if she will make a statement on the housing aid for the elderly scheme in County matter. [23258/05] Clare; and if she will make a statement on the matter. [23255/05] Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Minister of State at the Department of Health tion relates to the management and delivery of and Children (Mr. S. Power): The Deputy’s ques- health and personal social services, which are the tion relates to the management and delivery of responsibility of the Health Service Executive health and personal social services, which are the under the Health Act 2004. This includes responsibility of the Health Service Executive responsibility for the provision of the housing aid under the Health Act 2004. This includes scheme for the elderly, on behalf of the Depart- responsibility for the provision of the housing aid ment of the Environment, Heritage and Local scheme for the elderly, on behalf of the Depart- Government. Accordingly, the Department has ment of the Environment, Heritage and Local requested the parliamentary affairs division of Government. Accordingly, the Department has the HSE to arrange to have a reply issued directly requested the parliamentary affairs division of to the Deputy. 1289 Questions— 29 June 2005. Written Answers 1290

Health Insurance. Minister of State at the Department of Health and Children (Mr. S. Power): I propose to take 134. Ms Enright asked the Tańaiste and Mini- Questions Nos. 136 to 138, inclusive, together. ster for Health and Children her views on the The Deputy’s question relates to the manage- attached correspondence; and if she will make a ment and delivery of health and personal social statement on the matter. [23293/05] services, which are the responsibility of the 135. Ms Enright asked the Tańaiste and Mini- Health Service Executive under the Health Act ster for Health and Children when a decision will 2004. Accordingly, the Department has requested be made on the risk equalisation issue; and if she the parliamentary affairs division of the executive will make a statement on the matter. [23294/05] to arrange to have a reply issued directly to the Tańaiste and Minister for Health and Children Deputy. (Ms Harney): I propose to take Questions Nos. 134 and 135 together. Question No. 139 answered with Question The Government is strongly committed to No. 105. maintaining community rating in the Irish health Health Services. insurance market. Provision for the operation of risk equalisation is essential to the policy of main- 140. Mr. J. O’Keeffe asked the Tańaiste and taining a community rated health insurance Minister for Health and Children the number of market. The Health Insurance Act 2001 provides children who are awaiting orthodontic treatment that risk equalisation should be introduced where and assessment in each of the Health Service to do so is in the best overall interests of the Executive areas and the waiting time for assess- health insurance consumers. ment and treatment in respect of each area. The Deputy will be aware that I decided on [23299/05] balance recently not to trigger risk equalisation Tańaiste and Minister for Health and Children payments in the health insurance market at this (Ms Harney): The Deputy’s question relates to point in time. The matter now rests until the the management and delivery of health and per- Health Insurance Authority’s next report for the sonal social services, which are the responsibility period January to June 2005, due to be received of the Health Service Executive under the Health by me towards the end of October. This is subject Act 2004. Accordingly, the Department has to developments in court proceedings currently in requested the parliamentary affairs division of train against recourse to risk equalisation in the the executive to arrange to have a reply issued health insurance market. directly to the Deputy. The correspondence to which the Deputy refers is a letter from the managing director of 141. Mr. Carey asked the Tańaiste and Minister BUPA Ireland, which I understand was part of a for Health and Children if an allocation for the mailshot to its customers, inviting them to protest fitting out of Ballymun health centre has been to my office against the introduction of risk made in the recent capital allocations from her equalisation transfers. The correspondence had Department; if so, the amount of that allocation; no bearing on my decision. and if she will make a statement on the matter. [23300/05] Nursing Homes. Tańaiste and Minister for Health and Children 136. Mr. Timmins asked the Tańaiste and Mini- (Ms Harney): The Health Act 2004 provided for ster for Health and Children the requests which the Health Service Executive, HSE, which was were made for medical supplies for public established on 1 January 2005. Under the Act the patients at Leas Cross Nursing Home, County executive has the responsibility to manage and Dublin, to the Health Services Executive from 8 deliver, or arrange to be delivered on its behalf, May 2005 to 1 June 2005; the basis for the health and personal social services. This includes requests; the response given; and if she will make responsibility for the funding of the Ballymun a statement on the matter. [23295/05] health centre, including the fit-out and equipping 137. Mr. Timmins asked the Tańaiste and Mini- of the facility. ster for Health and Children if any of the public Earlier this year I confirmed approval for the patients at Leas Cross Nursing Home, County completion and fit out of this facility and I asked Dublin, received any specialist medical attention the HSE to proceed with it as quickly as logis- or examination between 8 May 2005 and 15 May tically possible. As I previously indicated, the 2005; if so, the recommendations that were made HSE is responsible for the funding, timeframe and the response given to them; and if she will and actual delivery of this project. The HSE has make a statement on the matter. [23296/05] informed me that it has put the necessary funding in place to carry out this work, the work has com- 138. Mr. Timmins asked the Tańaiste and Mini- menced on site and will take nine months to ster for Health and Children the policy with complete. respect to medical supply requirements for public patients at private nursing homes; if the policy is Hospitals Building Programme. the same for public patients (details supplied). [23297/05] 142. Ms Burton asked the Tańaiste and Mini- 1291 Questions— 29 June 2005. Written Answers 1292

[Ms Burton.] requested the parliamentary affairs division of ster for Health and Children the status in respect the executive to arrange to have this matter inves- of the long promised phase two development of tigated and to have a reply issued directly to the Connolly Hospital, Blanchardstown; the funding Deputy. committed to the project for 2005; the amount planned to be committed for 2006; and if she will National Treatment Purchase Fund. outline the additional services to be made avail- 146. Mr. Bruton asked the Tańaiste and Mini- able as a consequence. [23324/05] ster for Health and Children if she plans to offer 143. Ms Burton asked the Tańaiste and Mini- public orthodontic work to private contractors in ster for Health and Children if her attention has an effort to reduce the waiting lists or to extend been drawn to the huge child population in the the national treatment purchase fund to cover Dublin 15 and Connolly Hospital catchment area this treatment. [23384/05] and her proposals to extend paediatric services Tańaiste and Minister for Health and Children to the hospital, particularly outpatient specialist (Ms Harney): The Deputy’s question regarding services and some minor injury services in a dedi- public orthodontic work relates to the manage- cated paediatric environment. [23325/05] ment and delivery of health and personal social Tańaiste and Minister for Health and Children services, which are the responsibility of the (Ms Harney): I propose to take Questions Nos. Health Service Executive under the Health Act 142 and 143 together. 2004. Accordingly, my Department has requested The Deputy’s question relates to the manage- the parliamentary affairs division of the executive ment and delivery of health and personal social to arrange to have this matter investigated and to services, which are the responsibility of the have a reply issued directly to the Deputy. Health Service Executive under the Health Act In June 2002, my Department provided 2004. Accordingly, the Department has requested additional funding of \5 million from the treat- the parliamentary affairs division of the executive ment purchase fund towards the treatment of per- to arrange to have a reply issued directly to the sons on the orthodontic waiting lists. My Depart- Deputy. ment instructed the health boards that the funding was to be allocated on the basis of the Health Services. following principles: treatment of clients longest on the waiting list in accordance with the severity 144. Ms Burton asked the Tańaiste and Mini- of their treatment need; allocation to provide ster for Health and Children her proposals to additional treatments over and above what was provide a health centre to Mulhuddart in Dublin provided in the normal way; efficiency and value 15 as previously promised; the estimated cost of for money; and equitable delivery across health the Mulhuddart centre and the capital funding board populations. provided for this project; if her attention has been Children in treatment in the health board drawn to the fact that Mulhuddart health centre orthodontic service receive between 18 to 24 proposes to serve rapidly growing areas of Dublin appointments over the course of their treatment 15, including a number of disadvantaged areas period of approximately two years. The focus of such as Ladyswell and Parlickstown, which cur- the national treatment purchase fund is on the rently have no GP services. [23329/05] reduction in waiting times for those patients who Tańaiste and Minister for Health and Children have been waiting longest for admission for acute (Ms Harney): The Deputy’s question relates to hospital treatment. It is not intended to extend the management and delivery of health and per- the remit of the fund to deal with orthodontic sonal social services, which are the responsibility waiting lists at this time. of the Health Service Executive under the Health Act 2004. Accordingly, the Department has Nursing Home Refund Scheme. requested the parliamentary affairs division of 147. Mr. Bruton asked the Tańaiste and Mini- the executive to arrange to have a reply issued ster for Health and Children when she intends to directly to the Deputy. issue a detailed statement of the terms of refund 145. Ms O’Sullivan asked the Tańaiste and to persons who were unlawfully charged in public Minister for Health and Children if she will con- nursing homes. [23389/05] sider introducing a screening programme for the Tańaiste and Minister for Health and Children diagnosis of deafness in new born children; and if (Ms Harney): The Government has agreed the she will make a statement on the matter. key elements of a scheme for the repayment of [23353/05] long stay charges. All those who were illegally charged for publicly funded long-term residential Tańaiste and Minister for Health and Children care and are alive and the estates of all those who (Ms Harney): The Deputy’s question relates to were charged and died in the six years prior to 9 the management and delivery of health and per- December 2004 will have the charges repaid in sonal social services, which are the responsibility full. The scheme will not provide for repayments of the Health Service Executive under the Health to the estates of those who died more than six Act 2004. Accordingly, my Department has years ago. The repayments will include both the 1293 Questions— 29 June 2005. Written Answers 1294 actual charge paid and an amount to take account The national helpline set up by the Health of inflation, using the CPI, since the time the per- Services Executive to allow people to register if son involved was charged. they believe they are due a repayment will con- Legislation will be brought before the tinue to operate but there is no need for anyone Oireachtas in the autumn to underpin the who has already registered using this facility to scheme. One of the objectives of the legislation make contact with the HSE again to register for will be to put in place procedures which will pro- the scheme. Any person who considers that they tect vulnerable people from exploitation given or a family member may be eligible for repay- that significant repayments in some cases will be ment may register their interest in advance with paid to them. the Health Service Executive, by writing to the In the case of those who were charged and are National Refund Scheme, HSE Midland Area, still alive, the repayments will be exempt from tax Arden Road, Tullamore, Co Offaly; or email to and will not be taken into account in assessing [email protected]; or by calling the means for health and social welfare benefits. The helpline 1800 777737 during office hours. normal tax and means assessment arrangements will apply to those who benefit from repayments Hospital Waiting Lists. to estates. 148. Mr. Bruton asked the Tańaiste and Mini- An outside company with experience in hand- ster for Health and Children when she will pub- ling mass claims will be engaged to design and lish details of hospital waiting lists; the reason for manage the scheme within the parameters of the the delay in publishing waiting lists; the baseline key principles approved by Government. The which the waiting list will work off; the exact data Health Services Executive is finalising an adver- being collected; and if data on the number of tisement in the Official Journal to obtain patients waiting for a first meeting with a consult- expressions of interest from companies that ant are also being collected. [23411/05] would design and manage the repayments scheme. The company selected will work closely 149. Mr. Bruton asked the Tańaiste and Mini- with the HSE to ensure that the co-operation is ster for Health and Children her estimate of wait- forthcoming on records held by the health agen- ing lists numbers for 2003 to date; and if she will cies. It is anticipated that a company will be selec- provide the last published data on waiting ted over the summer and will begin work in early lists. [23412/05] autumn on the design of the scheme. Tańaiste and Minister for Health and Children An oversight committee has been appointed to (Ms Harney): Responsibility for the collection monitor the implementation of the repayment and reporting of waiting lists and waiting times scheme. The committee will be chaired by Dr. now falls within the remit of the national treat- Bernard Walsh, a geriatrician in St. James’s ment purchase fund, NTPF. Therefore, my Hospital and its task will be to ensure that proper Department has asked the chief executive of the governance is applied by the HSE and the com- fund to respond to the Deputy on the latest infor- pany to the scheme. The scheme will be designed mation available to the fund in respect of the and managed with the aim of ensuring that those number of patients waiting for treatment. who are eligible for repayments receive them as A new on-line national patient treatment regis- soon as possible and with the minimum possible ter is being developed by the fund. The new pati- imposition in terms of bureaucracy. Priority will ent treatment register will allow for more accur- be given to those who are still alive. Many of ate identification of waiting lists and, more those eligible for repayments have already been importantly, waiting times. It is intended that the identified under the ex gratia payments process. register will be implemented on a phased basis The scheme will include a transparent and thor- during 2005. ough appeals process. Up to the end of May 2005, some 30,000 The legislation will include appropriate safe- patients have had treatment arranged for them. guards to prevent exploitation of those who It is now the case that, in most instances, anyone receive repayments and are not in a position to waiting more than three months will be facilitated manage their own financial affairs. The scheme by the fund. will include a provision to allow those eligible for a repayment to waive their right to a repayment Medical Cards. and have the money assigned to fund one-off 150. Mr. P. Breen asked the Tańaiste and Mini- service improvements in elderly, mental health ster for Health and Children the status of a medi- and disability services. cal card appeal application by a person (details It is estimated that about 20,000 people who supplied) in County Clare; and if she will make a are still alive and a further 40,000 to 50,000 statement on the matter. [23426/05] estates will benefit. It is estimated that the scheme will cost approximately \1 billion. The Tańaiste and Minister for Health and Children decision to limit payments to the estates of those (Ms Harney): The Deputy’s question relates to who died in the past six years reflects the refer- the management and delivery of health and per- ence in the Supreme Court judgment to the stat- sonal social services, which are the responsibility ute of limitations. of the Health Service Executive under the Health 1295 Questions— 29 June 2005. Written Answers 1296

[Ms Harney.] frame she proposes in such plans; and if she will Act 2004. Accordingly, my Department has make a statement on the matter. [23441/05] requested the parliamentary affairs division of Tańaiste and Minister for Health and Children the executive to arrange to have this matter inves- (Ms Harney): I propose to take Questions Nos. tigated and to have a reply issued directly to the 153 and 154 together. Deputy. The Deputy’s questions relate to the management and delivery of health and personal social Health Services. services, which are the responsibility of the 151. Mr. P. Breen asked the Tańaiste and Mini- Health Service Executive under the Health Act ster for Health and Children the number of occu- 2004. Accordingly, my Department has requested pational therapists working for the HSE in the the parliamentary affairs division of the executive Mid-Western Health Board region; the plans she to arrange to have this matter investigated and to has to increase that number; the plans she has to have a reply issued directly to the Deputy. decrease priority 2 assessment waiting lists times for clients aged over 65 years from 18 months; Accident and Emergency Services. and if she will make a statement on the 155. Mr. P. Breen asked the Tańaiste and Mini- matter. [23438/05] ster for Health and Children the plans she has regarding the maintenance of the 24 hour acci- Minister of State at the Department of Health dent and emergency facility at Ennis General and Children (Mr. S. Power): The Deputy’s ques- Hospital; and if she will make a statement on the tion relates to the management and delivery of matter. [23442/05] health and personal social services, which are the responsibility of the Health Service Executive Tańaiste and Minister for Health and Children under the Health Act 2004. Accordingly, the (Ms Harney): The Deputy’s question relates to Department has requested the parliamentary the management and delivery of health and per- affairs division of the executive to arrange to have sonal social services, which are the responsibility this matter investigated and to have a reply issued of the Health Service Executive under the Health directly to the Deputy. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of 152. Mr. P. Breen asked the Tańaiste and Mini- the executive to arrange to have this matter inves- ster for Health and Children the criteria for tigated and to have a reply issued directly to the assessing occupational therapy clients as priority Deputy. one in the Mid-Western Health Board region, the assessment waiting list times for such clients; the Vaccination Programme. plans she has to decrease such waiting list times; 156. Mr. Naughten asked the Tańaiste and if there is a further distinction made based on age; Minister for Health and Children, further to and if she will make a statement on the Parliamentary Question No. 235 of 12 April 2005, matter. [23439/05] the current status of the review; when a compensation scheme will be put in place; and if she will Minister of State at the Department of Health make a statement on the matter. [23454/05] and Children (Mr. S. Power): The Deputy’s question relates to the management and delivery of Tańaiste and Minister for Health and Children health and personal social services, which are the (Ms Harney): My officials are examining the responsibility of the Health Service Executive feasibility of introducing a vaccine damage com- under the Health Act 2004. Accordingly, the pensation scheme. I will be in a position to con- Department has requested the parliamentary sider the available options on completion of this affairs division of the executive to arrange to have work. This task is included in my Department’s this matter investigated and to have a reply issued business plan. The target date for completion is directly to the Deputy. October 2005. Cancer Screening Programme. Hospitals Building Programme. 157. Mr. Naughten asked the Tańaiste and 153. Mr. P. Breen asked the Tańaiste and Mini- Minister for Health and Children, further to ster for Health and Children if the announced \ Parliamentary Question No. 116 of 25 May 2005, capital funding of over 20 million for Ennis Gen- if a design team has been appointed; and if she eral Hospital will be applied to phase 1A of the will make a statement on the matter. [23458/05] hospital development plan; if this will include upgrading of the accident and emergency facility; Tańaiste and Minister for Health and Children and if she will make a statement on the (Ms Harney): Following publication of tender matter. [23440/05] notices in the EU Journal, BreastCheck has indicated that it received 50 requests to participate in 154. Mr. P. Breen asked the Tańaiste and Mini- the procurement process which will be carried out ster for Health and Children the plans she has for in accordance with EU procurement procedures the allocation of the funding of more than \20 using the restricted procedure. BreastCheck million for Ennis General Hospital; the time- anticipates that the short-listing, interviews and 1297 Questions— 29 June 2005. Written Answers 1298 fee negotiations will be complete by the end of Beaumont Hospital; and if she will make a state- July 2005. ment on the matter. [23460/05]

Nursing Home Refund Scheme. Tańaiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to 158. Mr. Naughten asked the Tańaiste and the management and delivery of health and per- Minister for Health and Children the number of sonal social services, which are the responsibility applications submitted to the HSE under the of the Health Service Executive under the Health nursing home refund scheme on a county basis; Act 2004. Accordingly, my Department has when she intends to introduce legislation to requested the parliamentary affairs division of implement the refund; and if she will make a the executive to arrange to have this case investi- statement on the matter. [23459/05] gated and to have a reply issued directly to the Tańaiste and Minister for Health and Children Deputy. (Ms Harney): The Government has agreed the key elements of a scheme for the repayment of Health Services. long stay charges for publicly funded long-term 160. Mr. Kenny asked the Tańaiste and Mini- residential care. All those who were charged and are alive and the estates of all those who were ster for Health and Children if she has established charged and died in the six years prior to 9 a working group to examine better co-ordination December 2004 will have the charges repaid in between the drug and alcohol abuse services; the full. The scheme will not allow for repayments to progress made to date by such a working group; the estates of those who died more than six years when this group will report; and if she will make ago. The repayments will include both the actual a statement on the matter. [23466/05] charge paid and an amount to take account of Tańaiste and Minister for Health and Children inflation, using the CPI, since the time the person (Ms Harney): I presume the Deputy is referring involved was charged. to the mid-term review of the national drugs Legislation to underpin the scheme will be strategy, which asks that a working group be ready in the autumn. One of the objectives of the established, involving key stakeholders in both legislation will be to put in place procedures the alcohol and drugs areas, to explore the poten- which will protect vulnerable people from exploi- tial for better co-ordination between the two tation given that significant repayments in some areas and how synergies could be improved. The cases will be paid to them. group is requested to also examine and make The Health Service Executive is finalising an recommendations on whether a combined advertisement in the Official Journal to obtain expressions of interest from companies that strategy is the appropriate way forward and would design and manage the repayments report by end 2006. The group is to be established scheme. The company selected will work closely in the near future. with the HSE to ensure that the co-operation is forthcoming on records held by the health agen- Hospital Services. cies. It is anticipated that a company will be selec- 161. Mr. Naughten asked the Tańaiste and ted over the summer and will begin work in early Minister for Health and Children, further to autumn on the design of the scheme. Parliamentary Question No. 117 of 25 May 2005, An oversight committee has been appointed to the reason for the delay in reply to same; and if monitor the implementation of the repayment she will make a statement on the matter. scheme. The committee will be chaired by Dr. [23468/05] Bernard Walsh, a geriatrician in St. James’s Hospital and its task will be to ensure that proper Tańaiste and Minister for Health and Children governance is applied by the HSE and the com- (Ms Harney): In response to the Deputy’s ques- pany to the scheme. As regards the number of tion of 25 May 2005, I advised that the Health applications submitted to the Health Service Service Executive has the responsibility to man- Executive under the national repayment scheme age and deliver, or arrange to be delivered on its on a county basis, my Department has requested behalf, health and personal social services, includ- the parliamentary affairs division of the executive ing responsibility for the provision of hospital to arrange to have this matter investigated and to services for people who have suffered strokes, have a reply issued directly to the Deputy. and that my Department had requested the director of the executive’s national hospitals’ office to Hospital Services. investigate the matter raised and reply directly to 159. Mr. Naughten asked the Tańaiste and the Deputy. My Department has been in touch Minister for Health and Children, further to with the national hospitals’ office and is advised Parliamentary Question No. 128 of 31 May 2005, that a detailed response issued to the Deputy when a person (details supplied) will be called to yesterday. 1299 Questions— 29 June 2005. Written Answers 1300

Ambulance Service. the executive to arrange to have this matter inves- 162. Mr. Naughten asked the Tańaiste and tigated and to have a reply issued directly to the Minister for Health and Children, further to Deputy. Parliamentary Question No. 158 of 1 March 2005, if the study has been completed; and if she will Hospital Waiting Lists. make a statement on the matter. [23474/05] 164. Dr. Cowley asked the Tańaiste and Mini- 165. Dr. Cowley asked the Tańaiste and Mini- ster for Health and Children her views on the ster for Health and Children the progress she has situation whereby persons are waiting in excess of made in the establishment of an all-Ireland heli- five years for a urology appointment; her further copter emergency medical service as recom- views on whether the establishment of a consult- mended by the HEMS feasibility study consultant urology unit at Mayo General Hospital is the ants report (details supplied); if she has only acceptable solution; and if she will make a completed discussions with other Departments on statement on the matter. [23483/05] the matter; if there has been any recent meeting Tańaiste and Minister for Health and Children held about establishing this service; and if she will (Ms Harney): The Deputy’s question relates to make a statement on the matter. [23484/05] the management and delivery of health and per- Tańaiste and Minister for Health and Children sonal social services, which are the responsibility (Ms Harney): The report referred to by the of the Health Service Executive under the Health Deputy is that of a consultancy study jointly com- Act 2004. Accordingly, my Department has missioned by my Department and the Depart- requested the parliamentary affairs division of ment of Health, Social Services and Public Safety, the executive to arrange to have this matter inves- Belfast, the DHSSPS, on the costs and benefits tigated and to have a reply issued directly to the associated with the introduction of a dedicated Deputy. helicopter emergency medical service, HEMS, for the island of Ireland. It was published last year Question No. 165 answered with Question and is available on my Department’s website. The No. 162. study concluded that the introduction of a dedicated inter-hospital air ambulance service would Ambulance Service. be appropriate in an all-island context. My Department is currently finalising a service 166. Dr. Cowley asked the Tańaiste and Mini- level agreement with the Department of Defence ster for Health and Children when a 24 hour to formalise arrangements for the future pro- ambulance will be located in the three areas of vision of an air ambulance service by the Air Tuam, west Roscommon, Achill-Mulranny and Corps. Officials from my Department met Ballycroy; if her attention has been drawn to the recently with the Department of Defence to pro- fact that lives are being lost and put in jeopardy gress the agreement. The draft agreement has due to the considerable time lapse which is also been circulated to the Health Service Execu- involved in an ambulance arriving to take an ill tive for comment. It is expected that the agree- person to hospital; when an ambulance base will ment will be completed shortly. be provided in these areas; and if she will make A significant helicopter fleet replacement prog- a statement on the matter. [23485/05] ramme has been approved and is being put in ´ place for the Air Corps. Each of the new helicop- 167. Dr. Cowley asked the Tanaiste and Mini- ters will have a specific air ambulance capability ster for Health and Children when a 24 hour and the new fleet will have a far greater flying ambulance will be located in the west capacity which will augment the current service. Roscommon area; if her attention has been drawn to the fact that lives are being lost and put in Health Services. jeopardy due to the considerable time lapse which is involved in an ambulance arriving to 163. Dr. Cowley asked the Tańaiste and Mini- take an ill person to hospital; when an ambulance ster for Health and Children if thousands of base will be provided in this area. [23486/05] Mayo patients will obtain long overdue rheumatology services; when a Mayo rheumatology unit 168. Dr. Cowley asked the Tańaiste and Mini- will be established; and if she will make a state- ster for Health and Children when a 24 hour ment on the matter. [23482/05] ambulance will be located in the Achill-Mulranny Tańaiste and Minister for Health and Children and Ballycroy area; if her attention has been (Ms Harney): The Deputy’s question relates to drawn to the fact that lives are being lost and put the management and delivery of health and per- in jeopardy due to the considerable time lapse sonal social services, which are the responsibility which is involved in an ambulance arriving to of the Health Service Executive under the Health take an ill person to hospital; when an ambulance Act 2004. Accordingly, my Department has base will be provided in this area; and if she will requested the parliamentary affairs division of make a statement on the matter. [23487/05] 1301 Questions— 29 June 2005. Written Answers 1302

Tańaiste and Minister for Health and Children to provide more services for patients and empha- (Ms Harney): I intend to take Questions Nos. 166 sised that a full range of acute hospital services to 168, inclusive, together. should be available within each region, so that The Deputy’s questions relate to the manage- patients should not have to travel outside the ment and delivery of health and personal social region other than for specialised supra-regional services, which are the responsibility of the or national level services. The report also recom- Health Service Executive under the Health Act mended a significant increase in the total number 2004. Accordingly, my Department is requesting of consultants in each region, working in a con- the parliamentary affairs division of the executive sultant provided, team based system, so that to arrange to have these matters investigated and patients can receive faster access to senior clinical to have a reply issued directly to the Deputy. decision making. This will help to reduce waiting lists. Cancer Screening Programme. I consider that the national hospitals’ office is best placed to build on the recommendations of 169. Dr. Cowley asked the Tańaiste and Mini- the report in this area. Its priority will be to ster for Health and Children when the national ensure that patients, wherever they live, have cervical cancer screening service will be equitable and rapid access to high quality instituted; and if she will make a statement on the hospital care. matter. [23488/05] Tańaiste and Minister for Health and Children Health Services. (Ms Harney): A pilot cervical screening prog- 171. Mr. Aylward asked the Tańaiste and Mini- ramme commenced in October 2000 and is avail- ster for Health and Children, further to able to eligible women resident in Limerick, Parliamentary Question No. 89 of 10 March 2005, Clare and Tipperary North. Under the prog- if she has received a response to date from the ramme, cervical screening is being offered, free of chief officer of the HSE; and if she will make a charge, to approximately 74,000 women in these statement on the matter. [23500/05] three counties in the 25 to 60 age group, at five year intervals. I am committed to the national roll Minister of State at the Department of Health out of a cervical screening programme in line with and Children (Mr. S. Power): As the issue raised international best practice. Careful planning and by the Deputy in Parliamentary Question No. 89 consultation with relevant professional and advo- of 10 March 2005 related to the management and cacy stakeholders is required in advance of a delivery of health services in the Kilkenny area, national roll out. the Department wrote requesting that the chief officer of the Health Service Executive south Hospital Services. eastern area investigate the matter raised and reply direct to the Deputy. The HSE south 170. Dr. Cowley asked the Tańaiste and Mini- eastern area has informed the Department that ster for Health and Children her views on a reply was issued directly to the Deputy on 22 whether the Hanly report is unacceptable when it March 2005. means that Mayo General Hospital will be deprived of essential consultant inpatient services Disabled Drivers. and, as a result, large waiting lists exist for these specialists with persons having to wait years for 172. Ms Enright asked the Minister for Finance essential specialist services; and if she will make if he will review the medical criteria for disabled a statement on the matter. [23489/05] drivers and disabled passengers tax concession scheme 1994; if his attention has been drawn to Tanaiste and Minister for Health and Children ´ the fact that the people who do not have the use (Ms Harney): The report of the national task of either one or both legs but who have not physi- force on medical staffing, the Hanly report, cally lost a leg or a limb are ineligible under the makes important proposals for reducing the scheme; and if he will make a statement on the working hours of non-consultant hospital doctors, matter. [23292/05] NCHDs, in line with the European working time directive and highlights the need to implement Minister for Finance (Mr. Cowen): The medi- changes in medical staffing to ensure safety and cal criteria for this scheme are set out in the Dis- quality of patient care. The Hanly report makes abled Drivers and Disabled Passengers (Tax no reference to Mayo General Hospital. Instead, Concessions) Regulations 1994. There are six it made specific recommendations for reorganis- different types of disablement listed under the ing hospitals in two regions — the east coast and regulations and a qualifying person must satisfy the mid-west — and set out a series of principles one or more of them. The six types of dis- for the future organisation of hospital services ablement are as follows: persons who are wholly nationally. or almost wholly without the use of both legs; It should be noted that the report recom- persons who are wholly without the use of one mended investment in hospitals at regional level leg and almost wholly without the use of the 1303 Questions— 29 June 2005. Written Answers 1304

[Mr. Cowen.] I am also advised by the Revenue Commis- other leg, such that the applicant is severely sioners that if stamp duty has been paid in cir- restricted as to movement of the lower limbs; per- cumstances where the above conditions are satis- sons without both hands or without both arms; fied, a repayment of stamp duty will be made on persons without one or both legs; persons wholly application to the Revenue Commissioners. or almost wholly without the use of both hands or arms and wholly, or almost wholly without the Fuel Prices. use of one leg; persons having the medical con- 174. Mr. Kenny asked the Minister for Finance dition of dwarfism and who have serious diffi- the estimated impact on the economy here of a culties of movement of the lower limbs. barrel of oil priced at $60, $65, and $70; the extent An individual who qualifies under the medical of reliance of Ireland’s energy needs on oil; the criteria, as set out above, is issued with a primary current reserves available to the country; and if medical certificate. Possession of a primary medi- he will make a statement on the matter. cal certificate qualifies the holder for remission [23107/05] or repayment of: vehicle registration tax, VRT; a repayment of value added tax, VAT, on the pur- Minister for Finance (Mr. Cowen): Economic chase of the vehicle; and a repayment of VAT on model simulations suggest that, holding other the cost of adaptation of the vehicle. Repayment factors constant, each sustained $10 per barrel of the excise duty on fuel used in the motor rise in the price of oil reduces growth in the Irish vehicle and exemption from annual road tax to economy by about 0.5 percentage points in a full local authorities are also allowed. year, relative to baseline. It should be noted, An interdepartmental review group was estab- however, that because oil has not in the past risen lished to review the disabled drivers’ and disabled to a level as high as $70 per barrel, it is difficult passengers’ tax concessions scheme. The group to accurately simulate such a scenario. examined all aspects of the scheme including the The dependency of the economy on oil has qualifying medical criteria. The report was pub- declined over the last number of years, for lished on my Department’s website in July 2004 example, imports of oil amounted to 1.5% of and copies have been placed in the Oireachtas GDP last year; in the late 1970s, the equivalent Library. As agreed by Government in June 2004, figure was around 6.5% of GDP. This lower oil I will consider the report on an ongoing basis in dependency has been due to a number of factors the overall budgetary context having regard to such as the greater relative importance of services the existing and prospective cost of the scheme. in the economy, which are less energy intensive, the growth in natural gas and other energy Tax Code. sources and more efficient use of energy. 173. Mr. P. Breen asked the Minister for Fin- As a member of the International Energy ance the number of first time home buyers in Agency, IEA, Ireland is required to maintain oil County Clare who have had one or more parents stocks equivalent to at least 90 days of net putting their names to mortgage documents and imports in the previous year. At 1 May 2005, as a result have found themselves liable for stamp Ireland held 2,304,000 tonnes of oil, which is duty for each of the past three years; and if he equivalent to 102 days of net imports using the will make a statement on the matter. [22989/05] IEA methodology and this is 12 days above the obligation of 90 days. Minister for Finance (Mr. Cowen): Iam advised by the Revenue Commissioners that they Tax Collection. are unable to provide the statistical information requested. The Revenue Commissioners issued a 175. Mr. Timmins asked the Minister for Fin- re-assurance last Friday concerning first time ance the number and name of companies that had buyers of secondhand houses in which they con- tax liabilities of £200,000 or more written off by firmed that a child, who is a first time buyer, will the Revenue Commissioners from 1979 to 1982 not be precluded from claiming first time buyer inclusive; the amounts written off; the reason for relief where a parent acts as a co-mortgagor in this; and if he will make a statement on the the following circumstances: the transfer of the matter. [23108/05] house is taken in the name of the child; it is the 176. Mr. Timmins asked the Minister for Fin- intention of both the child and the parent that the ance the number and name of companies that had parent is not to take a beneficial interest in the tax liabilities of £200,000 or more written off by house; the parent has been joined into the mort- the Revenue Commissioners from 1988 to 1992 gage solely at the request of the lending insti- inclusive; the amounts written off; the reason for tution for the purpose of providing additional this; and if he will make a statement on the security for the moneys being advanced for the matter. [23109/05] purchase; it is not intended that the parent will be contributing to the repayment of the mortgage Minister for Finance (Mr. Cowen): I propose in the normal course. to take Questions Nos. 175 and 176 together. 1305 Questions— 29 June 2005. Written Answers 1306

I am advised by the Revenue Commissioners Revenue is not in a position to provide the names that for the years to which the Deputy’ questions of taxpayers who had tax liabilities written off relate, it is not possible to provide a breakdown by them. of tax write off between the different categories The annual tax write off for the periods 1979 of taxpayer whether individual, company or part- to 1982 and 1988 to 1992 is as follows: nership. Due to confidentiality considerations,

Year 1979 1980 1981 1982

Amount Written off \772,937 \673,578 \625,427 \1,368,624

Year 1988 1989 1990 1991 1992

Amount Written off \16,629,760 \38,261,018 \63,654,509 \109,046,376 \124,236,253

The reason for the write off is set out in the fol- write off changed over the years in question and lowing tables. The classification of grounds for these are reflected in the tables.

1979 1980 1981 1982

\\\\

Composition Settlements 136,592 22,471 5,160 4,243 Compassionate Grounds 61,625 48,098 55,229 60,476 Miscellaneous: Liability not enforceable, etc. 574,720 603,009 565,038 1,303,905

Total 772,937 673,578 625,427 1,368,624

1988 1989 1990 1991 1992

\\\\\ Compassionate grounds 168,875 2,825,167 1,719,225 2,456,943 2,425,200 Ceased trading — no assets 7,078,790 8,905,934 21,440,797 51,391,379 63,571,976 Liquidation — receivership — bankruptcy 4,337,425 10,171,872 16,785,937 18,795,933 31,743,452 Cannot be traced — outside the jurisdiction 5,044,670 16,358,036 23,708,550 36,402,121 26,495,625

Total 16,629,760 38,261,018 63,654,509 109,046,376 124,236,253

The main reason for the increase in the value of the amounts written off; the reason for this; and write off over the period 1988 to 1992 was due to if he will make a statement on the matter. a review of tax arrears on record which com- [23110/05] menced after the 1988 amnesty. This review which was ongoing over the years 1988 to 1992 Minister for Finance (Mr. Cowen): Iam led not only to more effective collection of taxes informed by the Revenue Commissioners that but also, inevitably, to the increase in the amount they are unable to provide any information of taxes deemed irrecoverable. regarding the tax affairs of a company other than It should be noted that the amount written off when the Deputy asking the question is asking it may overstate the actual liability as many of the on behalf of the company concerned. As it would cases included estimated amounts. Following an appear that the Deputy is not asking the question examination of tax write off arrangements in with the consent of the company mentioned, the place prior to 1997, Revenue received general Revenue Commissioners are unable to provide approval from the Comptroller and Auditor Gen- the information sought as the tax affairs of the eral for the criteria to be used in new arrange- company are confidential between them and the ments for the write off of tax debt. These pro- Revenue Commissioners. cedures are subject to audit on an annual basis and the results are published in the annual report Tax Yield. of the Comptroller and Auditor General. 178. Ms Burton asked the Minister for Finance 177. Mr. Timmins asked the Minister for Fin- the total amount of taxes, penalties and interest ance if a company (details supplied) or any recovered arising from the different revenue related company had tax liabilities written off by investigations and tribunals of inquiry from 1997 the Revenue Commissioners of more than to date; the amount in respect of each such inves- £200,000 between 1979 and 1983, inclusive; if so, tigation, such as the inquiry into DIRT and 1307 Questions— 29 June 2005. Written Answers 1308

[Ms Burton.] in a number of other locations, including Ansbacher accounts; if he allocated the proceeds Athlone, Sligo, Furbo and the Curragh, and these of such investigations and tribunal inquiries to are being made available for decentralisation pur- specific expenditure headings; and if so, if he will poses. In a small number of locations, the possi- identify those headings. [23111/05] bility of renting existing or new buildings under construction or with planning permission is Minister for Finance (Mr. Cowen): Iam being considered. informed by the Revenue Commissioners that figures of the total yield from various special While prices have yet to be agreed, the process investigations and initiatives by the Revenue of acquiring sites in several other locations is at Commissioners, which are available for the years an advanced stage and the expectation is that sev- 1998 to 2004 and updated to 31 May 2005 are set eral more acquisitions will be agreed in the com- out in the following table. ing months. Overall, the site acquisition programme is progressing satisfactorily and is well Yield from Special Investigations up to end May 2005. placed to facilitate the roll out of the construction phase of the programme. Heading Total yields Tax Code. \m 180. Mr. Gilmore asked the Minister for Fin- DIRT audits 225.0 ance the total number of taxpayers in receipt of Bogus non-resident accounts 583.2 mortgage interest relief; the total amount of Offshore assets 734.2 interest forfeited by Revenue in respect of the Single premium policies 2.6 mortgage interest relief scheme. [23113/05] Ansbacher 47.8 181. Mr. Gilmore asked the Minister for Fin- NIB/Clerical Medical 54.1 ance the total number of applicants each year in Tribunals 34.8 the past five years for mortgage interest relief. Total 1,681.6 [23114/05] Minister for Finance (Mr. Cowen): I propose Any apparent discrepancies in totals are due to to take Questions Nos. 180 and 181 together. rounding of constituent figures. Further infor- It is assumed that what the Deputy requires is mation on the yields from the various special the number of claimants for mortgage interest investigations and initiatives can be found on the relief and the total amount of tax relief granted Revenue website at www.revenue.ie. by the Revenue Commissioners under the tax As regards allocating the proceeds of such relief at source system. I am informed by the Rev- investigations and tribunal inquiries to specific enue Commissioners that the numbers of claim- expenditure headings, it is a constitutional ants for mortgage interest relief in each of the requirement that, in the absence of specific legis- five years up to 2004 are as in the table. lation to the contrary, all State revenues be paid into the central fund. All of the moneys received Year Number to date from Revenue special investigations have been paid into the central fund and, as such, 2000/01 448,400 became part of the general revenues under- 2001 (short tax year) 474,800 pinning the Government’s expenditure targets in 2002 587,700 those years. 2003 622,500 2004 645,500 Decentralisation Programme.

179. Mr. P. McGrath asked the Minister for Figures have been rounded to the nearest hun- Finance the progress which has been made to dred as appropriate. The figures for 2002 onwards secure office accommodation to facilitate the are provisional estimates and are likely to be move of Government Departments as part of the revised. It should be noted that a married couple decentralisation programme; and if he will make who has elected or has been deemed to have a statement on the matter. [23112/05] elected for joint assessment is counted as one tax Minister of State at the Department of Finance unit. The estimated cost of the relief to the (Mr. Parlon): The Commissioners of Public Exchequer in 2004 was \230 million. Works have primary responsibility for sourcing 182. Mr. Gilmore asked the Minister for Fin- property solutions for the Departments and agen- ance the number of section 23 and section 27 cies which have been earmarked for decentralis- reliefs sought and awarded for each year for the ation. Following a detailed evaluation of options past five years; the total number of taxpayers who available and intensive negotiations, suitable sites benefited from all forms of section 23 reliefs and or premises have been identified in a number of from any other form of urban renewal reliefs over decentralising locations. the past five years. [23115/05] Prices have been agreed for 13 locations and the contractual arrangements for these are pro- 183. Mr. Gilmore asked the Minister for Fin- gressing. State owned sites have been identified ance the estimated total amount of tax per year 1309 Questions— 29 June 2005. Written Answers 1310 foregone due to section 23 reliefs; the estimated Economic Growth. total amount of tax per year foregone due to 185. Mr. O’Connor asked the Minister for Fin- other urban renewal reliefs. [23116/05] ance the amount by which the economy grew in 2003 and 2004; the increase in employment Minister for Finance (Mr. Cowen): I propose resulting from such growth; the likely impact on to take Questions Nos. 182 and 183 together. employment had the economy grown at half the I am informed by the Revenue Commissioners rate achieved in those years; and if he will make that, until recently, claims for section 23/section a statement on the matter. [23153/05] 27 reliefs and other similar reliefs, were aggre- gated in tax returns with other claims, such as Minister for Finance (Mr. Cowen): Figures with industrial buildings allowances generally or from the Central Statistics Office show that in with other capital allowances, and did not dis- 2003 the economy grew by 3.7% in GDP terms tinguish between the reliefs claimed in respect of and 2.8% in GNP terms. Employment in 2003 the different schemes and so were not separately expanded by 1.9%. In 2004, the economy is esti- identifiable. Details of tax relief claimed for mated to have grown by 4.9% in GDP terms and investment in these schemes were not captured 5.5% in GNP terms and employment grew by by the Office of the Revenue Commissioners in 3%. such a way as to provide a specific basis for com- The impact on employment of lower than fore- piling estimates of the total annual cost to the cast growth would vary according to the source Exchequer or the numbers of taxpayers who ben- of the lower growth. For example, if growth was efited from these reliefs. lower due to a fall in net exports the employment My Department and the Revenue Commis- effect could be expected to be less than if growth sioners examined how information capture in this was lower due to slower growth in domestic area could be improved and the Revenue Com- demand. missioners have introduced changes to the income tax returns forms which are intended to 186. Mr. O’Connor asked the Minister for Fin- yield additional information on the take up of a ance the amount by which the economy is antici- range of reliefs claimed by individuals. These pated to grow in 2005; the increase in employ- changes include information on claims in respect ment he expects from such growth; the likely of section 23/section 27 reliefs and other similar impact on employment should the economy grow reliefs. This information will begin to become at half the rate anticipated in 2005; and if he will available from late 2005. Corresponding changes make a statement on the matter. [23154/05] have been made to the corporation tax return form which will produce similar information for Minister for Finance (Mr. Cowen): At budget accounting periods ending in 2005 and sub- time my Department forecast growth in 2005 to sequent years. be 5.1% in GDP terms and 4.7% in GNP terms. Employment growth was forecast at 1.9%. As is EU Regulations. customary, these forecasts will be updated in August with the publication of the Economic 184. Mr. Naughten asked the Minister for Fin- Review and Outlook. ance the steps he has taken to ensure that his The impact on employment of lower than fore- Department complies with the decisions of the cast growth would vary according to the source High Court of 6 March 2002 and of the Supreme of the lower growth. For example, if growth was Court of 16 July 2003 that any ministerial order lower due to a fall in net exports the employment having the effect of creating an indictable offence effect could be expected to be less than if growth is ultra vires; if this decision has been upheld by was lower due to slower growth in domestic his Department; and if he will make a statement demand. It should be noted, however, that avail- on the matter. [23128/05] able data point to strong employment growth in Minister for Finance (Mr. Cowen): I assume the first quarter of this year. According to the the Deputy is referring to the decisions of the quarterly national household survey, total High Court and the Supreme Court, of the dates employment grew by 3.9% year on year in the mentioned, in the case of Vincent Browne v the first three months of 2005. Attorney General. I understand that the parameters of the decision in the Browne case were Tax Yield. considered by the Supreme Court in the sub- 187. Mr. Lowry asked the Minister for Finance sequent case of Thomas Kennedy v the Attorney the number of cars registered each year from General, the Minister for the Marine and Natural 1997 to 2005; the cost of VRT for each class of Resources. The Supreme Court in its decision in car; the amount of finance raised under each car that case of 31 May 2005 clarified the limits of its class each year from 1997 to 2005; and if he will earlier decision in the Browne case. make a statement on the matter. [23155/05] The Attorney General will shortly advise the Government on action to be taken to address the Minister for Finance (Mr. Cowen): Iam issues raised in these cases. On receipt of this advised by the Revenue Commissioners that the advice my Department will take any necessary available information on the number of cars action. registered and the receipts of VRT for each car 1311 Questions— 29 June 2005. Written Answers 1312

[Mr. Cowen.] motorist has also benefited from the substantial class, A1, A2 and A3 for the years 1997 to 2005 investment in the roads network over the last is shown in Appendix 1. Included at Appendix 2 number of years through the national develop- are the estimated VAT receipts from cars for the ment plan. In 2004, spending on national and period 1997 to 2005. The amount of VAT col- non-national roads totalled over \1.65 billion. lected cannot be identified by car class from This is set to increase to approximately \1.8 within the overall VAT yield as the information billion this year. Indeed, since 1997 this Govern- furnished on VAT returns does not require this ment has spent over \8.8 billion on roads. to be identified. Appendix 3 outlines the rates of The Government has prioritised tax reductions duty for VRT for cars for the period 1997 to 2005. on income earned by employees, in preference to While the Exchequer benefits generally from other areas, and this policy has helped create revenues generated by the motor sector, the record employment levels.

Appendix 1: Motor Vehicle Registration Tax — Gross Registrations and Net Receipts.

Category A1 Category A2 Category A3 Total A1, A2 and A3

Cars up to 1400 cc Cars 1401-2000 cc(1) Cars over 2000 cc(1)

Total Total Total Total

Year Reg. \ Reg. \ Reg. \ Reg. \

1997 New 135,812 412,848,994 1,078 15,927,786 — — 136,890 428,776,780 Used 43,991 58,156,836 837 3,677,206 — — 44,828 61,834,041

Total 179,803 471,005,829 1,915 19,604,992 — — 181,718 490,610,821

1998 New 144,706 512,708,640 1,437 22,933,063 — — 146,143 535,641,703 Used 43,605 59,053,103 1,309 6,102,114 — — 44,914 65,155,217

Total 188,311 571,761,743 2,746 29,035,177 — — 191,057 600,796,919

1999 New 111,834 304,581,863 58,319 318,735,927 4,689 68,950,941 174,842 692,268,731 Used 15,403 15,657,068 18,432 31,956,464 3,657 14,573,392 37,492 62,186,924

Total 127,237 320,238,930 76,751 350,692,392 8,346 83,524,333 212,334 754,455,656

2000 New 150,795 425,673,696 74,387 419,347,706 6,357 100,120,378 231,539 945,141,780 Used 9,716 9,461,993 12,195 18,167,826 2,982 11,391,308 24,893 39,021,127

Total 160,511 435,135,689 86,582 437,515,533 9,339 111,511,685 256,432 984,162,907

2001 New 87,359 252,219,795 70,859 391,563,661 6,956 106,869,490 165,174 750,652,946 Used 5,494 3,574,593 8,305 9,572,046 2,341 8,179,692 16,140 21,326,332

Total 92,853 255,794,389 79,164 401,135,707 9,297 115,049,182 181,314 771,979,278

2002 New 78,138 236,090,266 70,890 405,488,685 7,285 114,757,314 156,313 756,336,265 Used 3,906 2,019,110 7,280 9,575,377 2,652 9,195,392 13,838 20,789,879

Total 82,044 238,109,376 78,170 415,064,062 9,937 123,952,706 170,151 777,126,144

2003 New 72,217 234,971,315 50,678 288,889,026 22,511 254,668,283 145,406 778,528,624 Used 3,877 2,389,244 4,978 7,519,007 5,773 18,275,929 14,628 28,184,180

Total 76,094 237,360,559 55,656 296,408,033 28,284 272,944,212 160,034 806,712,804

2004(2) New 70,707 238,628,177 58,828 343,788,136 24,962 296,091,017 154,497 878,507,330 Used 6,046 4,511,483 8,715 18,130,459 8,812 30,725,134 23,573 53,367,076

Total 76,753 243,139,660 67,543 361,918,595 33,774 326,816,151 178,070 931,874,406

2005(2) New 54,426 199,892,631 47,772 293,173,061 20,572 260,869,962 122,770 753,935,654 Jan-May Used 4,145 3,621,149 6,974 16,240,595 5,591 22,049,560 16,710 41,911,304

Total 58,571 203,513,780 54,746 309,413,656 26,163 282,919,522 139,480 795,846,958

Note: The registrations shown are gross i.e. they include those vehicle registrations which are exempt from VRT. Note (1). With effect from 1 Jan 2003 motor cars with an engine capacity greater than 1901cc and less than 2000cc were registered in Category A3. Note (2). VRT Receipts for 2004 and 2005 are Provisional. 1313 Questions— 29 June 2005. Written Answers 1314

With regard to the figure for VRT receipts for Exchequer account until later in the year. The Jan to May 2005, due to a deferment arrangement actual amount receipted to the end of May in some of the VRT will not accrue to the respect of motor cars is \666 million.

Appendix 2: Estimated VAT Yield 1997 — 2005 on Cars — \ million.

1997 1998 1999 2000 2001 2002 2003 2004 2005

\m \m \m \m \m \m \m \m \m Estimated VAT Yield(1) 290 375 427 562 422 430 431 480 493 Note (1). VAT Yield for 1997-2004 (inclusive) is estimated. 2005 VAT Yield is for the full year and is Provisional.

Appendix 3: Rates of Duty for V.R.T. for Cars.

Category

Year 1997 A1 Not Exceeding 2500cc 23.2% of chargeable value or £250, whichever is the greater A2 Exceeding 2500cc 29.25% of chargeable value or £250, whichever is the greater

Year 1998 A1 Not Exceeding 2500cc 22.5% of chargeable value or £250, whichever is the greater A2 Exceeding 2500cc 28.0% of chargeable value or £250, whichever is the greater

Year 1999-2001 inclusive A1 Not Exceeding 1400cc 22.5% of chargeable value or £250, whichever is the greater A2 Not Exceeding 2000cc 25.0% of chargeable value or £250, whichever is the greater A3 Exceeding 2000cc 30.0% of chargeable value or £250, whichever is the greater Year 2002 A1 Not Exceeding 1400cc 22.5% of chargeable value or \315, whichever is the greater A2 Not Exceeding 2000cc 25.0% of chargeable value or \315, whichever is the greater A3 Exceeding 2000cc 30.0% of chargeable value or \315, whichever is the greater

Year 2003 to date A1 Not Exceeding 1400cc 22.5% of chargeable value or \315, whichever is the greater A2 Not Exceeding 1900cc 25.0% of chargeable value or \315, whichever is the greater A3 Exceeding 1900cc 30.0% of chargeable value or \315, whichever is the greater

Tax Code. received a study from Kildare County Council, entitled “Leixlip Localised Flood Relief Study”, 188. Mr. Lowry asked the Minister for Finance on proposed flood relief works in Leixlip, County if he will report on any negotiations with the EU Kildare. The report is one of several which have or EU officials regarding the abolition of VRT; been received for consideration by the Commis- and if he will make a statement on the matter. sioners of Public Works on flooding issues [23156/05] throughout the country. It will not be possible, Minister for Finance (Mr. Cowen): There are until the report has been examined, to make a no EU level negotiations on the abolition of decision on OPW’s position with regard to flood VRT, although I understand that the Commission alleviation works in Leixlip. is considering a proposal on passenger car tax- Kildare County Council also submitted reports ation. However, it should be noted that VRT is a related to flooding in Straffan and Ardclough, national tax that falls within the national com- County Kildare in January 2003. In Straffan, the petence. VRT provides significant revenue to the problem is surface water drainage and the pro- Irish economy — \946 million in 2004 — which posed works would therefore be a matter for the is used to fund vital public services. county council. In the case of Ardclough, my officials advised Kildare County Council that the Flood Relief. report required more technical detail as well as a cost benefit analysis and an environmental assess- 189. Ms C. Murphy asked the Minister for Fin- ment to permit a full assessment of the problem. ance the proposals submitted for consideration The Office of Public Works has carried out a and funding by the OPW related to flooding inci- flood relief scheme on the Shinkeen Stream in dents in Kildare. [23157/05] Hazelhatch, County Kildare, which was com- Minister of State at the Department of Finance pleted in 2002. In addition, in 2003/04, works (Mr. Parlon): The Office of Public Works were funded and carried out by the OPW on 1315 Questions— 29 June 2005. Written Answers 1316

[Mr. Parlon.] While under the directive certain LPG usage behalf of Kildare County Council on the Lyreen could have been exempted, this was not seen as and Meadowbrook rivers in Maynooth together feasible. It would have given rise to potential with the Morrell river in the Kill/Johnstown area. difficulties, including an increase in the potential for abuse, particularly as there is no system for Tax Code. fiscal marking of LPG comparable to that used 190. Ms C. Murphy asked the Minister for Fin- for marked gas oil and marked kerosene. ance the average waiting time for issuing by the However, I have agreed to keep this matter Revenue Commissioners of tax free allowance under review. and tax rebates. [23159/05] Tax Yield. Minister for Finance (Mr. Cowen): Iam informed by the Revenue Commissioners that the 193. Mr. J. O’Keeffe asked the Minister for amendment of a customer’s tax credit certificate, Finance the estimated total value of alcohol con- TCC, for 2005, if contact is by telephone, will in sumed in each of the past three years; and the the vast majority of cases be completed while the estimated total revenue taken by the State in customer is on the phone. A revised TCC issues terms of excise and VAT. [23162/05] to the employer and the employee in two to three Minister for Finance (Mr. Cowen): Iam working days. Where a customer writes in seeking advised by the Revenue Commissioners that the an amendment for 2005, the average time for a only relevant information available is in respect revised TCC to issue is currently two to three of excise duty and estimated VAT on alcoholic weeks. beverages. In this report, the total revenue for Refunds arise in the context of a review of a each of the years 2002, 2003 and 2004 is \1,855 customer’s liability for a previous tax year or million, \1,903 million and \1,975 million respect- years. Some reviews can be complex, particularly ively. The breakdown is as shown in the table. when multiple year reviews are involved. Gener- ally, however, the average time for issuing 2002 2003 2004 refunds is three to four weeks. \m \m \m

Garda Stations. Excise receipts 191. Mr. Kehoe asked the Minister for Finance Beer 477 456 458 the position on the renovation of Oylegate Garda Spirits 267 305 315 station, Enniscorthy, in County Wexford; and if Wine 152 168 185 he will make a statement on the matter. Cider 62 60 64 [23160/05] Total 958 989 1022 Minister of State at the Department of Finance (Mr. Parlon): On foot of the condition report that Estimated VAT Yield was issued to the Department of Justice, Equality Beer 478 487 489 and Law Reform by the Commissioners of Public Spirits 219 207 217 Works, approval has now been granted by the Wine and Cider 200 220 247 Garda authorities to proceed with improvement works to married quarters at Oylegate Garda Total 897 914 953 station. Tender documents for this project are currently being prepared. At present, works to Disabled Drivers. sanitary services are in progress. 194. Mr. P. Breen asked the Minister for Fin- Tax Code. ance, further to Parliamentary Question No. 182 of 9 March 2005, the position regarding an appeal 192. Mr. Penrose asked the Minister for Fin- for the disabled drivers allowance for a person ance if he will confirm having received correspon- (details supplied) in County Clare; if the new sec- dence from Irish LP Gas Association, seeking to retary of the medical board of appeal for the have LPG zero rated in line with that pertaining scheme made contact with the individual con- to natural gas; and if he will make a statement on cerned; and if he will make a statement on the the matter. [23161/05] matter. [23220/05] Minister for Finance (Mr. Cowen): I can con- Minister for Finance (Mr. Cowen): As indi- firm that a letter was received on this issue from cated in previous replies, I have no direct the Irish LP Gas Association and that a reply responsibility for the day to day operation of the issued from my office on 31 March 2005. As the medical board of appeal for the disabled drivers Deputy may be aware, there was a small excise and disabled passengers tax concessions scheme. increase in Finance Act 2005 on non-auto LPG in However, it is my understanding that the board order to comply with the EU energy tax directive. of appeal has contacted the individual concerned. 1317 Questions— 29 June 2005. Written Answers 1318

National Lottery. advantage intended for first time buyers should not be diluted by allowing persons who are not 195. Ms Burton asked the Minister for Finance first time buyers circumvent the rules, by bor- if his attention has been drawn to the proposals by the national lottery to introduce new games rowing in tandem with another person who is a via mobile phones and Internet. [23327/05] first time buyer. Revenue has always accepted that a person would not have been precluded Minister for Finance (Mr. Cowen): I am aware from obtaining first time buyer relief where a that the National Lottery Company is considering parent provides funds by means of an uncon- the introduction of new games via mobile phones ditional gift towards the purchase of a house or and the Internet. Under the National Lottery Act where a parent acts as financial guarantor for pur- 1986, the company requires my approval for the chase moneys which are borrowed by his or her rules of each lottery game. I have not received son or daughter in connection with the purchase. any proposal on this matter from the national In a statement issued on Friday, 24 June, the lottery. Revenue Commissioners have offered reassur- ance to first time buyers in situations involving Departmental Staff. parents of first time buyers acting as co-mort- 196. Mr. Bruton asked the Minister for Finance gagors. The Revenue Commissioners are now if the Office of Public Works has plans for the prepared to accept that a child, who is a first time recruitment of tradespeople; the skills required buyer, will not be precluded from claiming first for any competitions planned; and the likely dur- time buyer relief where a parent acts as a co- ation of panels established. [23385/05] mortgagor in the following circumstances: the transfer of the house is taken in the name of the Minister of State at the Department of Finance child; it is the intention of both the child and the (Mr. Parlon): The Office of Public Works cur- parent that the parent is not to take a beneficial rently has immediate plans to recruit three interest in the house; the parent has been joined craftpersons, namely, two stonemasons and one into the mortgage solely at the request of the stonecutter for Dromahair National Monuments lending institution for the purpose of providing Depot, County Leitrim. Craftpersons are additional security for the moneys being recruited as operational requirements dictate and advanced for the purchase; it is not intended that the Office of Public Works may recruit other the parent will be contributing to the repayment craftworkers for its various locations nationwide of the mortgage in the normal course. in the short to medium term. Where the four conditions set out above are The minimum requirement for a craftworker’s satisfied, Revenue will treat the parent as effec- ´ position is a national craft certificate from FAS tively acting in the role of guarantor for the loan. or the equivalent. Panels are normally established In these circumstances, the certificate envisaged for 12 months. The Office of Public Works by the Deputy would not be required for a first recently ran a nationwide competition to recruit time buyer to obtain the stamp duty exemption. up to 20 apprentices in the craft areas of stone I am also advised that the Revenue Commis- and carpentry. sioners do not propose to seek a clawback of stamp duty where transfers have taken place Tax Code. before last Friday, 24 June, which comply with 197. Mr. Bruton asked the Minister for Finance the conditions outlined above. if his attention has been drawn to the fact that many first time buyers who depend on parents to Departmental Properties. contribute to the cost of purchase are being ruled 198. Mr. Perry asked the Minister for Finance liable to stamp duty; and if arrangements will be the progress made with regard to the tenders for made whereby a certificate confirming that the land (details supplied) in County Sligo; if the ten- parents will take no beneficial interest from the der has been awarded; and if he will make a state- home will suffice to obtain the intended stamp ment on the matter. [23397/05] duty exemption. [23392/05] Minister of State at the Department of Finance Minister for Finance (Mr. Cowen): A stamp (Mr. Parlon): Tenders for the matter referred to duty exemption for first time buyers of second are under consideration at present. A decision hand houses under \317,500 was brought in by regarding the award of a contract will be made budget 2005. Previously it had applied only to within the next week. houses up to \190,500, so the significant increase in the threshold made this exemption relevant to Tax Yield. a much broader range of purchasers. Reduced rates of duty were also made available for pur- 199. Mr. Bruton asked the Minister for Finance chases up to \635,000. The relief from stamp duty the revenue received in stamp duties since 1997 to is intended to benefit only genuine first time buy- date, distinguishing between housing duties and ers. It is, of course, essential that the stamp duty others. [23398/05] 1319 Questions— 29 June 2005. Written Answers 1320

Minister for Finance (Mr. Cowen): The follow- Minister for Finance (Mr. Cowen): The following are the stamp duty receipts received by the ing are the capital gains tax receipts received by Exchequer for each of the years 1997 to 2004 and the Exchequer for each of the years 2003 and for the first five months of 2005: 2004 and for the first five months of 2005:

\m \m

1997 545 2003 1,443 1998 686 2004 1,516 1999 913 2005 (to end-May) 538 2000 1,107 2001 1,227 The budgeted forecast for capital gains tax 2002 1,167 receipts in 2005 is \1.5 billion. 2003 1,688 202. Mr. Bruton asked the Minister for Finance 2004 2,088 the revenue received in income tax since 2003 to 2005 (to end-May) 933 date; and his forecast for 2005. [23403/05]

Minister for Finance (Mr. Cowen): The follow- The Revenue Commissioners estimate that the ing are the income tax receipts received by the stamp duty yield attributable to residential prop- Exchequer for each of the years 2003 and 2004 erty transactions, on a revenue net receipts basis, and for the first five months of 2005: for each of the years 1997 to 2004 and for the first five months of 2005 was: \m

\m 2003 9,162 1997 194 2004 10,651 1998 213 2005 (to end-May) 4,035 1999 263 2000 282 The budgeted forecast for income tax receipts in 2001 265 2005 is \11.105 billion. 2002 349 203. Mr. Bruton asked the Minister for Finance 2003 528 the revenue received in capital acquisitions tax 2004 752 since 2003 to date; and his forecast for 2005. 2005 (to end-May) 313 [23406/05]

The end-May 2005 figure is provisional and sub- Minister for Finance (Mr. Cowen): The follow- ject to revision. ing are the capital acquisitions tax receipts received by the Exchequer for each of the years 200. Mr. Bruton asked the Minister for Finance 2003 and 2004 and for the first five months of the revenue received in valued added tax since 2005: 2003 to date; and his forecast for 2005. [23409/05] \m Minister for Finance (Mr. Cowen): The following are the VAT receipts received by the 2003 214 Exchequer for each of the years 2003 and 2004 2004 190 and for the first five months of 2005: 2005 (to end-May) 98

\ Year m The budgeted forecast for capital acquisitions tax receipts in 2005 is \180 million. 2003 9,721 2004 10,693 204. Mr. Bruton asked the Minister for Finance 2005 (to end-May) 5,534 the revenue received in excise duties and customs duties since 2003 to date; and his forecast for 2005. [23405/05] The budgeted forecast for VAT receipts in 2005 \ is 11.625 billion. Minister for Finance (Mr. Cowen): The follow- 201. Mr. Bruton asked the Minister for Finance ing are the excise duty and customs receipts the revenue received in capital gains tax since received by the Exchequer for each of the years 2003 to date; and his forecast for 2005. 2003 and 2004 and for the first five months of [23404/05] 2005: 1321 Questions— 29 June 2005. Written Answers 1322

Excise Duty \m \m

2003 4,572 2003 819 2004 4,928 2004 946 2005 (to end-May) 2,098 2005 (to end-May) 677

The VRT receipts for the year 2005 are estimated \ Customs \m at 1.039 billion. 206. Mr. Bruton asked the Minister for Finance 2003 136 the number of companies paying corporation tax 2004 174 in each year since 1997; and the amount received, 2005 (to end-May) 89 distinguishing between the 10% rate and the standard rate. [23408/05] The budgeted forecast for excise duty receipts in Minister for Finance (Mr. Cowen): The 2005 is \5,075 million. The budgeted forecast for number of companies which indicated on their customs receipts in 2005 is \170 million. tax return forms that they were liable to pay cor- 205. Mr. Bruton asked the Minister for Finance poration tax for each of the years from 1997 to the revenue received in motor vehicle duties since 2003, is set out below. Data can be derived from 2003 to date; and his forecast for 2005. corporation tax returns on the amount of corpor- [23400/05] ation tax liability attributable to companies taxed wholly or partly at the reduced rate of 10%. The Minister for Finance (Mr. Cowen): Iam latest information available, which is for account- advised by the Revenue Commissioners that the ing periods ending between 1 April 1997 and 31 revenue received in respect of vehicle registration December 2003, is as set out in the following tax for all motor vehicles is as follows: table.

Year Ended All liable Number of liable Tax Liability of Other liable Tax Liability of Companies Companies with Companies with Companies other liable 10% relief 10% relief Companies (note)

\m \m 31 March 1998 28,980 5,680 1,431 23,300 1,079 31 March 1999 31,900 5,800 1,818 26,100 1,428 31 March 2000 33,720 5,790 2,185 27,930 1,648 31 March 2001 38,730 5,620 2,716 33,110 1,737 31 December 2001 41,620 5,220 2,521 36,400 1,611 31 December 2002 43,550 5,230 2,580 38,320 1,720 31 December 2003* 41,910 4,130 2,600 37,780 1,845 *Breakdown figures are subject to revision.

The figures shown as the corporation tax liability the ESB on usage of the deep water port at of companies qualifying for the 10% relief reflect Moneypoint, County Clare, for other marine the total tax liability of these companies on all of based activities including the long standing pro- their profits, including those profits taxed at other posal to develop a transhipment business; and if rates. It is not possible to isolate the tax attribu- he will make a statement on the matter. table solely to the effective 10% rate in such cases [22984/05] because certain reliefs relating to income liable for tax at both the standard and reduced rates are 209. Mr. P. Breen asked the Minister for set off against the overall tax liability after the Communications, Marine and Natural Resources relief at 10% has been computed. his plans to have negotiations with the ESB on usage of the deep water jetty at Moneypoint, County Clare, for other marine based activities Harbour Authorities. including the long standing proposal to develop- 207. Mr. P. Breen asked the Minister for ment a transhipment business; and if he will make Communications, Marine and Natural Resources a statement on the matter. [22985/05] his plans to develop marine related activities on the Shannon Estuary (details supplied). 210. Mr. P. Breen asked the Minister for [22983/05] Communications, Marine and Natural Resources the details of the shipping traffic at the Moneypo- 208. Mr. P. Breen asked the Minister for int jetty in County Clare, including dates, for each Communications, Marine and Natural Resources of the past five years; and if he will make a state- the details of any negotiations he has had with ment on the matter. [22986/05] 1323 Questions— 29 June 2005. Written Answers 1324

Minister of State at the Department of Communications, Marine and Natural Resources Communications, Marine and Natural Resources the proportion of local exchanges in County (Mr. Gallagher): I propose to take Questions Clare which will be enabled for broadband access Nos. 207 to 210, inclusive, together. by the end of 2005; and if he will make a state- Shannon Foynes Port Company is established ment on the matter. [22987/05] and operates under the Harbours Act 1996. The 212. Mr. P. Breen asked the Minister for Act provides that the principal objectives of the Communications, Marine and Natural Resources company include the management, control, oper- the number of businesses and the number of ation and development of its harbour. Moneypo- households in County Clare which had broad- int jetty is owned and operated by ESB and band access on 1 April 2005; the projections for handles mainly coal shipments for the electricity the number of businesses and the number of generating station at Moneypoint. The Depart- households which will have this access on 1 ment does not keep records of movements within January 2005 and 1 January 2007; and if he will individual ports. I have asked Shannon Foynes make a statement on the matter. [22988/05] Port Company, within whose jurisdiction the facility lies, to forward the relevant information Minister for Communications, Marine and to the Deputy. Natural Resources (Mr. N. Dempsey): I propose In January this year, I launched the Govern- to take Questions Nos. 211 and 212 together. ment’s ports policy statement. The policy state- The provision of telecommunications, includ- ment aims to better equip the port sector and its ing broadband, is a matter in the first instance for stakeholders to meet national and regional capa- the private sector companies operating in a fully city and service needs. One of the key challenges liberalised market regulated by the independent that lies ahead is the provision of adequate in- Commission for Communications Regulation, time port capacity, particularly for unitised trade. ComReg. The latest data on total broadband sub- The policy statement sets out a framework to scribers in Ireland is provided by the Commission ensure that capacity needs are identified, planned for Communications Regulation, ComReg, and is and progressed in a co-ordinated manner. available from the following link, http://www. As an initial step, the Department has sought comreg.ie/publications/default.asp?ctype=5&nid= information from the commercial ports which 101985. handle unit load cargo on key projects identified Questions relating to the enabling of telephone by them as essential to deal with anticipated capa- exchanges for broadband are operational matters city deficiencies to 2014 and beyond and whether for Eircom. I have no function in these matters. the ports see these as being funded from their However, I understand that the company has own resources or in partnership with the private announced that it had more than 140,000 working sector. In its response to this request, Shannon DSL lines by 27 May 2005 and aims to have 90% Foynes Port Company has provided information of lines broadband enabled by March 2006. to the Department concerning its proposal for the I understand from ComReg that there were development of a new container transhipment more than 138,000 broadband subscribers in terminal on the lower reaches of the Shannon January 2005. The figure had risen to more than Estuary. The timeframe for the proposed 152,000 by 30 March 2005. ComReg may have development and the preparation of a detailed data available to show the broadband figures by business plan are matters for Shannon Foynes county. Port Company in the first instance. As indicated in the ports policy statement, it is Water Sports Vehicles. intended to prioritise a range of projects catering 213. Mr. Penrose asked the Minister for for unitised traffic at our commercial ports from Communications, Marine and Natural Resources an overall economic national and regional per- if it is the position that pursuant to section 6 of spective, as opposed to the perceived require- the Maritime Safety Bill as passed by Daíl ments of individual ports. To that end, the E´ ireann on 21 June 2005, it is possible for a local Department will procure expert and independent authority in respect of waters under its juris- assistance from consultants to refine the criteria diction to completely prohibit the use or oper- to be used for project evaluation, to draw up a ation of mechanically propelled personal wat- uniform template for submission of detailed pro- ercraft and other recreational craft on such rivers ject proposals and to subsequently evaluate and or lakes; and if he will make a statement on the rank the projects submitted as a basis for the matter. [23059/05] Department’s recommendation to Government. An invitation to tender for this consultancy is Minister of State at the Department of expected to be issued shortly. Communications, Marine and Natural Resources The Department has no funds in its budget for (Mr. Gallagher): Section 6 of the Maritime Safety Bill 2004 as passed by Daíl E´ ireann on 21 June the development of additional marine leisure 2005, provides that by-laws may be made reg- facilities in the estuary. ulating or controlling the operation of craft or specified craft by local authorities in waters in Telecommunications Services. their functional areas, harbour authorities and 211. Mr. P. Breen asked the Minister for Waterways Ireland in waters under their control 1325 Questions— 29 June 2005. Written Answers 1326 or management, in respect of, amongst other for schools project, all the 4,200 primary and post- matters, the prohibition in specified waters or at primary schools in the country will be provided specified times of such craft. Craft is defined in with broadband by the end of this year. the Bill as personal watercraft, often referred to as jet skis, and recreational craft when operated Fisheries Protection. by a mechanical means of propulsion. Section 6 also sets out the basis for any such 215. Mr. Kenny asked the Minister for prohibition and these are: in the interests of the Communications, Marine and Natural Resources safety of persons using the waters generally or at the measures in place to control the incidence of certain times; to prevent nuisance to or injury to sea lice in fish farms; the conditions in place that persons or damage to watercraft or other prop- govern such incidence; the extent of monitoring erty on the waters; and to protect a natural heri- of sea lice in this regard; and if he will make a tage area or a monument or wreck protected statement on the matter. [23117/05] under the National Monuments Acts. 222. Mr. Kenny asked the Minister for It is essential that the by-law making auth- Communications, Marine and Natural Resources orities under the Bill have the power under the extent of inspections carried out by his section 6 to prohibit in circumstances that war- Department to monitor the extent and prolifer- rant such action. However, in many cases the use ation of sea lice affecting wild salmon stocks; and of such craft can, with appropriate restrictions, be if he will make a statement on the matter. accommodated and I would encourage the auth- [23124/05] orities to use the power under section 6, which I introduced as a Daíl Committee Stage amend- 223. Mr. Kenny asked the Minister for ment, to restrict the operation of this type of craft Communications, Marine and Natural Resources in such circumstances rather than prohibit. In this if he has had reports of an increased incidence of way competing water users can be accommodated sea lice adversely affecting stocks of wild Atlantic to the benefit of those users and the marine tour- salmon smolts; if his attention has been drawn to ism industry. the extent of damage to these stocks; and if he will make a statement on the matter. [23125/05] Telecommunications Services. Minister of State at the Department of 214. Mr. Lowry asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources, (Mr. Gallagher): I propose to take Questions further to Parliamentary Question No. 354 of 21 Nos. 215, 222 and 223 together. June 2005, his plans for any future upgrade of the A national monitoring and control programme Irish telecommunications infrastructure; and if he for sea lice at marine finfish farms is operated on will make a statement on the matter. [23060/05] behalf of the Department by the Marine Institute, Minister for Communications, Marine and in accordance with the “Protocol for Sea Lice Natural Resources (Mr. N. Dempsey): The pro- Monitoring and Control” published by the vision of telecommunications, including broad- Department of Marine and Natural Resources in band, is a matter in the first instance for the 2000. private sector companies operating in a fully lib- The programme involves the carrying out of 14 eralised market regulated by the independent inspections a year at each site containing fish. Commission for Communications Regulation, One inspection is carried out in the period from ComReg. December to January, two inspections per month My Department’s regional broadband prog- are undertaken in the period from March to May ramme is addressing the infrastructure deficit, in and one inspection per month is carried out dur- co-operation with the local and regional auth- ing the rest of the year. The key purpose of these orities, by building high speed open access metro- inspections is to establish whether the lice levels politan area networks, MANs, in 120 towns and at a site are in excess of the strict trigger levels cities nationwide, using European Regional that are applied in this country. If the appropriate Development Fund, ERDF, and Government trigger level is exceeded, the operator of the site funding under the National Development Plan is required to apply an appropriate treatment 2000-2006. The MANs programme is being rolled with a view to effecting a reduction in the lice out on a phased basis and the 19 networks com- levels. pleted to date have been completed on time and A study of sea lice levels on wild salmon inter- within budget. Work is under way on seven cepted at sea, several miles from the coast, on MANs and construction of a further 82 will com- their return migration, was carried out in 2003 by mence during the next 12 months. Full details of the Marine Institute in conjunction with the the regional broadband programme can be found department of sciences at the Galway-Mayo on my Department’s website www.dcmnr.gov.ie. Institute of Technology. It showed that these fish For smaller towns and rural communities my had an average infestation in the region of ten Department offers grant aid of up to 55% of set- lice per fish. No evidence has been found of up costs to enable local groups to become self increased mortality due to sea lice in outward sufficient in broadband, using the most suitable migrating salmon smolts. While no studies are technology for their area. Under the broadband available on this subject, the Marine Institute is 1327 Questions— 29 June 2005. Written Answers 1328

[Mr. Gallagher.] exploitation of salmon stocks, pose a significant conducting a multi-year study, the results of threat to the long-term sustainability of this valu- which will be published in due course. able natural resource. With this in mind, the Government has Harbours and Piers. accepted the scientific advice that continues to maintain that reductions in the overall fishing 216. Mr. Kenny asked the Minister for effort are required to sustain and rebuild salmon Communications, Marine and Natural Resources stocks nationwide. For this reason, current his plans to improve facilities at Lecanvey Pier, Government policy has been designed to bring Louisburgh, County Mayo; the moneys allocated spawning escapement up to the level of the scien- to this project for 2005; and if he will make a tifically advised conservation limits and to fully statement on the matter. [23118/05] align the wild salmon catch on the scientific Minister of State at the Department of advice so that we can have increased confidence Communications, Marine and Natural Resources that a sustainable management regime is in place. (Mr. Gallagher): Lecanvey Pier is owned by Since 2002, the Government has implemented Mayo County Council and responsibility for its a strategy to ensure, through progressive repair and maintenance rests with the local auth- reductions in the commercial catch, that the con- ority in the first instance. The Department co- servation limits specified by the standing scien- funded with Mayo County Council and the tific committee of the National Salmon Com- Department of Community, Rural and Gaeltacht mission are being reached. This policy of Affairs the report, An Assessment of Piers, Har- promoting the application of quotas on commer- bours and Landing Places in County Mayo. cial fishing and bag limits on angling has deliv- Lecanvey Pier is identified in that report as a ered significant overall catch reductions aimed at marine leisure facility and is rated as category 2, achieving the objective of restoration of salmon which is a medium term priority, where develop- stocks. A quality and value strategy is also in ment and repairs should be considered as place within the commercial salmon fishery resources become available. aimed at improving how fish are handled, post The funding available to the Department under catching, to ensure that the maximum price per the port infrastructure improvement programme fish is obtained. This approach maintains or of the National Development Plan 2000-2006 is increases the overall income derived from the directed at projects that improve infrastructure fishery even when the total catch is reduced. and facilities at key strategic fishery harbours and In these circumstances, I have no plans to the construction and improvement of berthage introduce proposals to purchase commercial drift and related facilities at smaller harbours and net salmon fishing licences. The Government has landing places, with a key role in maintaining jobs consistently ruled out buyout as an effective in fishing, aquaculture and ancillary activities. means of achieving the restoration of salmon The proposed works at Lecanvey Pier do not stocks. Moreover, no convincing case has been come within the scope of that programme. The advanced as to the public good that would be Department has no other funding available for acquired by the State in the context of a publicly marine leisure projects. funded buyout of commercial salmon drift net licences or why stakeholders benefiting from Fishing Vessel Licences. increased numbers of salmon entering the rivers should not contribute in whole or in part towards 217. Mr. Kenny asked the Minister for achieving that increase. Communications, Marine and Natural Resources As I have previously and consistently indicated if he intends to offer any proposal for a buy out to the House, I am prepared to keep the matter system to currently registered holders of drift net under review. In this regard, I would be open to salmon licences; and if he will make a statement on the matter. [23119/05] any relevant proposals presented to me whereby stakeholders benefiting from any reduction in 221. Mr. Kenny asked the Minister for commercial catch would engage in the first Communications, Marine and Natural Resources instance with licence holders and indicate a will- his proposals to protect the wild Atlantic salmon ingness to address any compensation issues that species; and if he will make a statement on the might arise. In the meantime, the Government matter. [23123/05] believes that the current strategy of developing a sustainable commercial and recreational salmon Minister of State at the Department of fishery through aligning catches on the scientific Communications, Marine and Natural Resources advice holds out the strong prospect of a recovery (Mr. Gallagher): I propose to take Questions of stocks and of a long-term sustainable fishery Nos. 217 and 221 together. for both sectors. Wild salmon stocks are under threat from a variety of adverse environmental and other press- 218. Mr. Kenny asked the Minister for ures which impact on marine survival as well as Communications, Marine and Natural Resources in our rivers and estuaries. As Minister of State the number of salmon drift net licences that are with responsibility for the marine, I am fully issued in each fisheries board area for each of the aware that these pressures, along with excessive past five years; the number of these that were 1329 Questions— 29 June 2005. Written Answers 1330 actively used in that period; and if he will make Communications, Marine and Natural Resources a statement on the matter. [23120/05] his views on the strength of the Atlantic salmon stock; the number of Atlantic salmon caught and Minister of State at the Department of notified officially for each of the past ten years; Communications, Marine and Natural Resources and if he will make a statement on the matter. (Mr. Gallagher): The following table indicates the [23122/05] total number of salmon drift net licences which were issued by the regional fisheries boards and Minister of State at the Department of actively used by fishermen during the period 2000 Communications, Marine and Natural Resources to 2004. I am advised by the Central Fisheries (Mr. Gallagher): According to the wild salmon Board that it has not been possible, within the and sea trout tagging scheme fisheries statistics time available, to provide this information in reports, which are published annually by the Cen- respect of the individual fisheries board regions. tral Fisheries Board, the number of Atlantic I have, however, asked the chief executive officer salmon caught and notified to the fisheries boards of the Central Fisheries Board to ensure that this for each of the past ten years is set out in the specific information is collated and forwarded table. directly to the Deputy as soon as possible. Year Numbers Year Drift Net Licences issued 1995 270,269 2004 848 1996 229,529 2003 877 1997 205,553 2002 883 1998 240,014 2001 871 1999 189,143 2000 871 2000 236,448 2001 259,475 219. Mr. Kenny asked the Minister for 2002 236,307 Communications, Marine and Natural Resources 2003 187,762 the estimated average income of a holder of a 2004 169,808 salmon drift net licence from that source as assessed by his Department for each of the past three years; and if he will make a statement on Since 2002, the Government has implemented a the matter. [23121/05] strategy to ensure, through progressive reductions in the commercial catch, that the con- Minister of State at the Department of servation limits specified by the standing scien- Communications, Marine and Natural Resources tific committee of the National Salmon Com- (Mr. Gallagher): Primary responsibility for the mission are being reached. This policy of allocation of commercial salmon fishing licences promoting the application of quotas on commer- is a matter for the relevant regional fisheries cial fishing and bag limits on angling has deliv- board, in accordance with the prescribed criteria ered significant overall catch reductions aimed at laid down under the Control of Fishing for achieving the objective of restoration of salmon Salmon Order 2005, SI 72 of 2005. While this stocks. licence entitles fishermen to fish for salmon in a The Government believes that the current specified fishery district, these licence holders are strategy of developing a sustainable commercial not required to report their income from this and recreational salmon fishery through aligning source to the Department of Communications, catches on the scientific advice holds out the Marine and Natural Resources. strong prospect of a recovery of stocks and of a Prior to 2005, applicants for commercial long-term sustainable fishery for both sectors. salmon fishing licences were required, in accordance with the Control of Fishing for Salmon Question No. 221 answered with Question Order 1980 and subsequent amendments, to No. 217. provide details to the regional fisheries board of their income from fishing to verify that pro- Questions Nos. 222 and 223 answered with portion of their livelihood derived from fishing Question No. 215. for salmon. I understand, however, that while fishermen were required to provide these details EU Regulations. on their application forms, this information was 224. Mr. Naughten asked the Minister for not collated by the fisheries boards. As a result, Communications, Marine and Natural Resources the Central Fisheries Board advises me that it is the steps he has taken to ensure that his Depart- not in a position to provide the estimate as sought ment complies with the decisions of the High by the Deputy. Court of 6 March 2002 and of the Supreme Court of 16 July 2003 that any ministerial order having Fisheries Protection. the effect of creating an indictable offence is ultra 220. Mr. Kenny asked the Minister for vires; if this decision has been upheld by his 1331 Questions— 29 June 2005. Written Answers 1332

[Mr. Naughten.] cation by the developers for the installation of the Department; and if he will make a statement on pipeline is still under consideration. the matter. [23129/05] Post Office Network. Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): The ques- 226. Mr. Naughten asked the Minister for tion refers to the High Court decision of 6 March Communications, Marine and Natural Resources 2002 and Supreme Court decision of 16 July 2003, his plans to make grant aid available for rural and while the name of the case was not included post offices to ensure their computerisation, in the question it would appear that the Deputy including the provision of Internet availability to is referring to the decision in the case of Vincent the public; his views on whether this would help Browne v. the Attorney General. The Supreme address the information divide; and if he will Court in this case decided that an EC regulation make a statement on the matter. [23194/05] could only be transposed by regulations under a provision of an Act of the Oireachtas, which Minister for Communications, Marine and specifically allows for the transposition of an EC Natural Resources (Mr. N. Dempsey): The regulation. primary responsibility for the development of the The parameters of the decision in the Browne post office network rests with An Post. The auto- case were considered by the Supreme Court in mation of the network was completed in 1997 and the subsequent case of Thomas Kennedy v. the it has only been in exceptional circumstances — Attorney General, the Minister for the Marine such as an existing automated office closing and and Natural Resources. The Supreme Court in its its equipment being transferred to a suitable decision in that case of 31 May 2005 clarified the neighbouring location which transacts significant limits of its earlier decision in the Browne case volumes of welfare business — that further and decided that EU policy can only be offices have been automated since then. implemented by regulations made under an Act The automated network accounts for more of the Oireachtas where the Act specifically than 95% of An Post’s counter business. This allows for the implementation of EU policy by means that the 1,000 automated offices transact regulations. The Attorney General will shortly 95% of counter business while 475 non-auto- advise the Government on action to be taken to mated offices undertake 5% of business. Never- address the issues raised in these cases. theless, An Post is now moving to undertake a pilot project, which would see ten manual post Offshore Exploration. offices automated, to gauge the effect on business. Furthermore, An Post is undertaking a fun- 225. Mr. Ring asked the Minister for Communications, Marine and Natural Resources damental reappraisal of the post office network. the sections of the Gas Act that allows a company The objective of this exercise is to build on exist- (details supplied) to construct compounds on the ing strengths in terms of nationwide network, upstream pipeline route without having to apply strong brand recognition and high footfall, and to for planning permission; and if a derelict house in devise a suite of products and services to meet Rossport, approximately 10 m from the proposed current and future needs of post office customers. pipeline route, is exempt from planning per- This strategy will provide the road map for future mission under the Gas Act. [23193/05] service delivery throughout the network. In a separate initiative, the company is working with the Minister for Communications, Marine and Department of Community, Rural and Gaeltacht Natural Resources (Mr. N. Dempsey): Consent to Affairs on a project to automate nine island post construct and commission a pipeline was given on offices. 15 April 2002 by my predecessor under section 40 At this point, An Post has no plans to provide of the Gas Act 1976, as amended, to Enterprise Internet access to the public through the rural Energy Ireland Limited, EEIL, subject to a post office network. However, with the rollout of number of conditions, including the condition to e-government services, the automated element of obtain consent to install and commission the the post office network is ideally placed to capi- pipeline in accordance with the requirements of talise on opportunities arising in this space, the Department’s rules and procedures manual especially in the area of e-payments. A core for offshore petroleum production operations. objective for An Post continues to be the reten- The works to be carried out to install and com- tion of access to post office services in as many mission the Corrib gas field pipeline system com- locations as possible, in the manner which best prise seven phases. As part of the developers’ meets customer needs, whether services are pro- application for consent for phase 3 onshore pipe- vided via post offices, postal agencies or the Post- line works, which involved both preparatory Point network. works and the actual pipeline installation, the approval process for this phase has not yet con- 227. Mr. Naughten asked the Minister for cluded. While the developers were given consent Communications, Marine and Natural Resources for preparatory works, which allows for the con- the action he is taking to develop the postal struction of temporary compounds along the pro- service and the market; and if he will make a posed pipeline route on 9 July 2002, the appli- statement on the matter. [23195/05] 1333 Questions— 29 June 2005. Written Answers 1334

Minister for Communications, Marine and asked the Commission for Communications Natural Resources (Mr. N. Dempsey): The Regulation to appoint the project managers. I will market for traditional postal and post office appoint a national postcode project board, com- services is changing and meeting customer needs prising representatives of Departments together has become more important than ever. Compe- with public and private sector organisations, to tition can be expected to increase into the future, assist the project managers with their work and to from the privately owned express sector, from the present a proposal describing in sufficient detail a large European public operators now looking for model that is the most efficient, effective and international business and from electronic most publicly usable postcode system by 31 communications technologies such as e-mail and December 2005. I expect the new postcode text messaging. The trend of dropping mail vol- system to be implemented by 1 January 2008. umes internationally is also impacting on the Irish postal sector. This does not bode well for the Ministerial Appointments. future of a volume based business. 228. Ms Cooper-Flynn asked the Minister for Already the parcels business in Ireland is liber- Communications, Marine and Natural Resources alised, with major international players operating the names of all ministerial appointees to the har- in the Irish market. Furthermore, the European bour boards; and their county of residence and Commission’s stated intention is to complete the date of appointment. [23196/05] internal market for postal services in 2009 which, if achieved, would open up the letter post area to Minister of State at the Department of full competition. The Commission is undertaking Communications, Marine and Natural Resources a number of studies on the impact of competition (Mr. Gallagher): In the time available, it has not on the universal service requirement, which is been possible to assemble all the information enshrined in EU and Irish law. The results of sought by the Deputy. The Department is compil- these studies will contribute to determining the ing the relevant material and I will write to the direction of the postal market into the future. Deputy in this regard as soon as possible. With this in mind, An Post will continue to have a key national role, both in delivery of mail Postal Services. and as a quality service provider through its 229. Mr. English asked the Minister for nationwide network of post office outlets. To Communications, Marine and Natural Resources remain competitive, An Post needs to make the the reason the existing GeoDirectory system, that best possible use of its long established and contains each of the 1.5 million building records trusted brand name and deploy its resources in a in the State, cannot be utilised by An Post rather manner which continues to serve existing than the proposed postal code system; and if he customers’ needs and attracts additional will make a statement on the matter. [23197/05] customers for a range of new services. Minister for Communications, Marine and Agreement has been reached that change is Natural Resources (Mr. N. Dempsey): I have required if the postal services of An Post are to asked the Commission for Communications adapt to the modern business environment and to Regulation, ComReg, to appoint project man- continue to offer a top class nationwide delivery agers to support the postcode project. As a next service to the customer into the future. In step I will appoint a national postcode project addition, I established a working group in board, comprising representatives of Depart- January 2005 to examine the introduction of a ments together with public and private sector postcode system in Ireland. This working group organisations, to assist the project managers with reported earlier this year and found that the their work. It is hoped to present a proposal introduction of a publicly available postcode describing in sufficient detail the most efficient, could deliver many potential benefits, including effective and most publicly usable postcode the delivery of improvements in efficiencies and system by 31 December 2005. In its deliberations, quality in the postal sector. It could also stimulate the project board will examine all of the options mail volume growth, assist utilities and emer- for a postcode system. This may include an exam- gency services, address the problem of non- ination of An Post’s GeoDirectory. unique addressing and facilitate competition by Whilst the GeoDirectory has already been making it easier for new postal operators to enter developed and adopted by some organisations the market. These improvements collectively will and goes some way towards solving the problem boost the country’s competitiveness. of identifying individual addresses in townlands, Following from the recommendations of the it has certain characteristics that impact upon its working group report, consideration of the feasi- suitability for use as a public postcode system and bility, design and implementation of a practicable it is not consistent with the generally accepted postcode project proposal will be advanced, definition of a postcode as a “unique, universal including establishing the cost of implementing identifier that unambiguously identifies the such a postcode and how that cost should be met. addressee’s locality and assists in the transmission In accordance with the recommendation of the and sorting of mail items.” working group, that project managers be An Post has also advised that the GeoDirec- appointed to lead the postcode project, I have tory product is not a publicly available postcode 1335 Questions— 29 June 2005. Written Answers 1336

[Mr. N. Dempsey.] through a competitive process to support the system. It is a commercial, proprietary, address postcode project. As part of their work the pro- database that is linked to geographical co- ject managers will consult with various interest ordinates to provide a unique identifier for build- and expert groups with a view to designing a ings and has been developed by An Post and range of postcode proposals best suited for Ordnance Survey Ireland. The cost of the GeoDi- Ireland. As a next step I will appoint a national rectory product supplied by An Post is expensive postcode project board, comprising representa- for most businesses and comprises a once-off fee tives of Government Departments together with \ of 57,000 plus an annual licensing fee of 14% of public and private sector organisations, to assist the initial cost. These high costs reflect that keep- the project managers with their work. It is hoped ing the GeoDirectory database updated is a con- to present a proposal describing in sufficient tinual and labour intensive exercise and that geo detail the most efficient, effective and most pub- codes are not automatically assigned and require licly usable postcode system by 31 December manual intervention. 2005. While a postcode can be used with automated mail process systems, it must also be capable of being used with manual systems. The GeoDirec- EU Directives. tory product is a building identifier and the pur- 231. Mr. P. Breen asked the Minister for pose of a postcode system is to make it easier Communications, Marine and Natural Resources, to process and deliver mail. The GeoDirectory’s further to Parliamentary Question No. 157 of 1 design means that it is only when combined with June 2005, the way in which the differential calcu- An Post sorting technology that it can be lation system is applied to achieve the objectives employed as a technical postcode. However, of the regulation without reducing fees; the new because approximately 40% of Irish addresses respective fees for the oil tankers; if the differen- are not “unique”, the An Post sorting technology, tial calculation system only arises when compari- when deployed, cannot always match the address son can be made between an SBT tanker and a written on the envelope with the list of delivery points. If a postcode system were in place a much non-SBT tanker such that, if no non-SBT enters greater proportion of letters could be automati- port, the normal pilotage fees applies to an SBT cally sorted, and when human intervention is tanker regardless of the quantity of her segre- necessary the time needed would be shorter. gated ballast; and if he will make a statement on Other potential drawbacks to the use of the the matter. [23199/05] GeoDirectory as a postcode system, as identified Minister of State at the Department of by ComReg, include that there may also be data Communications, Marine and Natural Resources protection and privacy issues as the database (Mr. Gallagher): Council Regulation (EC) No. requires an occupier’s name to be recorded on 2978/94 of 21 November 1994 deals with the the database in rural areas. It is also a sequential implementation of International Maritime technical code that is not intuitive or easy to Organisation Resolution A.747(18) on the appli- recall and this could impact upon the public adoption rates of any new postcode system based cation of tonnage measurement of ballast spaces on the GeoDirectory. in segregated ballast oil tankers. The objective of the regulation is to encourage the use of segre- 230. Mr. Eamon Ryan asked the Minister for gated ballast tanks in oil tankers. For this pur- Communications, Marine and Natural Resources pose, it introduces a differential calculation if his Department has involved the National Stan- system for fees for oil tankers to be applied by dards Authority of Ireland in the working group port and harbour authorities and by pilotage examining the possible introduction of new post- authorities. codes; and if he will make a statement on the matter. [23198/05] EU Regulations. Minister for Communications, Marine and 232. Mr. Naughten asked the Minister for For- Natural Resources (Mr. N. Dempsey): To exam- eign Affairs the steps he has taken to ensure that ine the introduction of a postcode system in his Department complies with the decisions of the Ireland, I established a working group comprising High Court of 6 March 2002 and of the Supreme people with experience of the postal sector, Court of 16 July 2003 that any ministerial order together with a representative from the Depart- having the effect of creating an indictable offence ment of the Environment, Heritage and Local is ultra vires; if this decision has been upheld by Government, which is the lead Department for his Department; and if he will make a statement the Irish spatial data infrastructure initiative to on the matter. [23130/05] examine the issue of the introduction of a postcode system in Ireland. This group produced its Minister for Foreign Affairs (Mr. D. Ahern): I report earlier this month. have not been responsible for the making of any Following from the report’s recommendations, ministerial order having the effect of creating an I have asked the Commission for Communi- indictable offence in the period since the cations Regulation to appoint project managers judgments referred to in the Deputy’s question. 1337 Questions— 29 June 2005. Written Answers 1338

Departmental Expenditure. not available, the relevant Australian authorities consider the rate of overstay by Irish people to 233. Mr. Kehoe asked the Minister for Foreign be less than 1%. The Deputy can be assured that Affairs the contracts given for the Euro Presi- officials of the embassy in Canberra and consul- dency; the contracts which were given during the ate general in Sydney actively monitor the EU Presidency; and if he will make a statement situation. They have developed a close and posi- on the matter. [23163/05] tive working relationship with the Australian Minister for Foreign Affairs (Mr. D. Ahern): immigration authorities and our ambassador in The Department of Foreign Affairs entered into Canberra maintains contact with the Minister contractual arrangements with the following com- who has responsibility for this area. panies and service providers in the lead up to The Government also provides grants to three and-or during the 2004 Presidency of the Council Irish immigrant support groups that offer assist- of Ministers of the European Union: Audi, Alex- ance to our community in Australia. Last year ander Hotel, Berkeley Court Hotel, Brooks grants totalling \48,000 were extended to them, Hotel, Caroline Erskine / Noelleanne O’Sullivan, an increase of 25% on 2003. Celtic Roots Studio, Conrad Hotel, Cooley Distil- lers, Corporate Solutions, Craft Print, Croke Human Rights Issues. Park, Datasat, Davenport Hotel, Dobbins Out- door Catering, Dromoland Castle, Egan Hospi- 235. Mr. Carey asked the Minister for Foreign tality, Esat BT, E-Training, Eircom, European Affairs the progress being made through consular Centre for Conflict Prevention — ECCP, Euro- and other officials on a possible appeal, retrial or pean Centre Development Policy Management repatriation of a person (details supplied); and if — ECDPM, Fiach MacConghail & Associates, he will make a statement on the matter. Fitzers Catering, Flair Hospitality, Four Seasons [23303/05] Hotel, Frontline, Hibernia Atlantic, House of Minister for Foreign Affairs (Mr. D. Ahern): Ireland, James Boylan Safety, JJ Kavanagh, John My Department has been monitoring devel- McKenna, Jurys Hotels, Kellyprint, Kerrygold, opments in this case and has been providing Kilkenny Design, Kinnity Castle, Kristina Eus- consular assistance to the person in question since tace-Werkner, Lan Communications, Lamination we became aware of the case in February 2003. Services, Local Government Computer Services The Irish ambassador and a diplomatic officer Board, Long Grass Productions — Caroline from the embassy in Buenos Aires have made Erskine, Masterchef Catering, Maxwells, Merrion prison visits to the person to whom the Deputy Hotel, Mespil Hotel, Murrays Chauffeur Drive, refers. In addition, an Irish person in Quito, on OBSERVE, Prontaprint, Q Design, Red Dog behalf of the embassy and who is well known to Design, Rosebud Florists, SAS Radisson Hotel, it, has made a recent prison visit and intends mak- Servecast, Stauntons on the Green, The Kildare ing monthly visits from now on with phone con- Club, Tipperary Water, Tony Graham & Associ- tact on a weekly basis. On her recent visit, this ates, Tullamore Court Hotel, Val Byrne, artist, embassy representative found the person con- Westbury Hotel, Westin Hotel, Whichcraft, With cerned to be in good form and delivered food, Taste Catering. money and other essential items to her. The per- The Office of Public Works also entered into son concerned indicated to the embassy represen- contractual arrangements, on behalf of the tative that she has engaged a lawyer and the Department, with a number of companies and embassy representative is happy to make contact service providers. In addition, many of our mis- with the lawyer on receipt of contact details. sions abroad contracted services locally for Presi- As regards legal advice, the most appropriate dency purposes. person to offer such advice to the person concerned is her legal representative. However, a dif- Illegal Immigrants. ficulty regarding further proceedings — a possi- 234. Caoimhghı´nO´ Caola´in asked the Minister bility which has been raised by the Deputy in his for Foreign Affairs if he has had discussions with question — is that I understand, following the the Australian Government on Irish illegal immi- recent political disturbances, that most legal pro- grants; the position regarding the issue; and if he ceedings in Ecuador are at a standstill. will make a statement on the matter. [23164/05] 236. Ms Burton asked the Minister for Foreign Minister for Foreign Affairs (Mr. D. Ahern): Affairs his proposals in respect of the destruction The main visa programme under which Irish of many thousands of homes and small businesses people enter Australia is the working holiday visa currently being carried out by the government of programme. At any one time upwards of 10,000 Zimbabwe; the representations he has made to young Irish people are in Australia under this African countries which are bilateral develop- programme. The popularity of the scheme is such ment partners of Ireland and the actions Ireland that last year Ireland was second only to Britain has taken at the European Union on this as the main source country for successful issue. [23304/05] applications. A very small proportion of Irish people in Aus- Minister for Foreign Affairs (Mr. D. Ahern): tralia overstay their visa. While exact figures are The Government views with great concern the 1339 Questions— 29 June 2005. Written Answers 1340

[Mr. D. Ahern.] Zimbabwean Government within the framework recent actions by the Zimbabwean Government, of Operation Restore Order and calling for its which have resulted in an estimated 275,000 immediate end. A joint statement was also issued people being left homeless, as a result of Oper- following the EU-US summit in Washington DC ation Restore Order, aimed at clearing away the on 20 June expressing grave concern at the cur- businesses of informal street traders and unregis- rent situation and calling on the Zimbabwean tered homes built by the urban poor. Ireland and Government to reverse its anti-democratic poli- its EU partners have joined many others in the cies. It is clear that pressure also needs to be international community in condemning the exerted on Zimbabwe’s neighbours in the South- totally unjustified actions of the Zimbabwean ern Africa Development Community, SADC, to Government which have only succeeded in use their influence with President Mugabe’s worsening the humanitarian situation in a country Government to stop Operation Restore Order already facing serious food shortages this year and address the humanitarian consequences. EU and currently experiencing unemployment levels ambassadors are being directed to make such rep- of between 70% and 80%. resentations in SADC capitals. The EU’s con- The serious humanitarian consequences arising cerns were also raised at a senior officials meeting from Operation Restore Order has once again with SADC, which took place in Johannesburg highlighted the failed policies of President on 20 June. I hope that AU leaders will address Mugabe’s Government. It is important that inter- the human rights and humanitarian crisis national pressure continues to be exerted on the resulting from Operation Restore Order at their Zimbabwean authorities to cease this campaign forthcoming summit meeting in Sirte, Libya on 4 as soon as possible, to assist those who have been and 5 July. left homeless or in want as a result and to begin implementing democratic reforms to move away Sports Capital Programme. from the climate of repression and intimidation, which has characterised Zimbabwe in recent 237. Mr. Fleming asked the Minister for Arts, years. In this regard, I very much welcome the Sport and Tourism the position regarding the decision by the UN Secretary General, Kofi sports capital programme grant allocation of \ Annan, to appoint Ms Anna Kajumulo Tibaijuka, 635,000 to Laois County Council in May 2001 the executive director of UN Habitat, as his for outdoor and dry recreation and play facilities special envoy to assess the humanitarian con- at Moneyballytyrrell, Portlaoise; the amount of sequences of the forcible eviction policies cur- this grant which has been drawn down; the works rently being pursued. Ms Kajumulo Tibaijuka is which have been carried out; the contracts there currently in Zimbabwe and will submit a full have been between his Department and the report on the situation to the Secretary General county council on this issue; if the full amount can following her visit. still be drawn down; and if he will make a state- The Irish ambassador to South Africa, who is ment on the matter. [23049/05] also accredited to Zimbabwe, visited Harare earl- Minister for Arts, Sport and Tourism (Mr. ier this month in order to assess the humanitarian O’Donoghue): A provisional grant of \635,000 consequences of Operation Restore Order and was allocated to Laois County Council under the has already submitted a full report to me on his 2001 sports capital programme towards the pro- visit. The ambassador will visit Zimbabwe again vision of supplementary facilities to the planned in the coming weeks and will make clear to the swimming pool at Portlaoise. Laois County Zimbabwean authorities both our condemnation Council has indicated that works to be funded of Operation Restore Order and grave concerns through the sports capital grant would be carried at its humanitarian consequences. The ambassa- out in tandem with the swimming pool develop- dor and embassy are also in regular contact with ment. Last week I approved the contract docu- Irish missionaries and NGOs operating in ments submitted by the council under the local Zimbabwe who have been providing assistance to authority swimming pool programme, which is some of those worst affected by the consequences also administered by my Department, allowing of Operation Restore Order. the local authority to invite tenders for the pool. The Government decided last week to provide The council has indicated that works funded \ an additional 1 million to the World Food Prog- under the sports capital programme will com- ramme to support emergency feeding prog- mence this year and it will be able to draw down rammes for those most directly at threat from the the grant subject to the terms and conditions of current humanitarian crisis in Zimbabwe. This the programme as work progresses. additional funding will also be used to support emergency feeding programmes in Malawi. The 238. Mr. Lowry asked the Minister for Arts, Government has made available almost \7 mil- Sport and Tourism when a club (details supplied) lion in emergency and recovery assistance to will be notified regarding the outcomes of a assist the people of Zimbabwe over the period scheme; the current ranking of the club within the 2002-2004, including \2.46 million last year. programme; when the scheme will be announced; The European Union issued a declaration on 7 if he will consider including the club; and if he June condemning the actions undertaken by the will make a statement on the matter. [23050/05] 1341 Questions— 29 June 2005. Written Answers 1342

239. Mr. Lowry asked the Minister for Arts, on 5 and 6 December last. The closing date for Sport and Tourism when a club (details supplied) receipt of applications was 4 February. will be notified regarding the outcomes of a A total of 1,362 applications were received scheme; the current ranking of the club within the before the deadline. Of these, 56 applications programme; when the scheme will be announced; were for projects located in County Tipperary, if he will consider including the club; and if he including one from each of the organisations in will make a statement on the matter. [23051/05] question. All applications received before the closing date are being evaluated against the prog- 240. Mr. Lowry asked the Minister for Arts, ramme’s assessment criteria, which are outlined Sport and Tourism when a club (details supplied) in the guidelines, terms and conditions of the will be notified regarding the outcomes of a programme. I intend to announce the grant allo- scheme; the current ranking of the club within the cations for the programme as soon as possible programme; when the scheme will be announced; after the assessment process has been completed. if he will consider including the club; and if he My Department will then write to all applicants will make a statement on the matter. [23052/05] informing them of the outcome of the assessment 241. Mr. Lowry asked the Minister for Arts, of their application; in the case of successful Sport and Tourism when a club (details supplied) applicants informing them of the conditions to be will be notified regarding the outcomes of a met to draw down their grant and, in the case of scheme; the current ranking of the club within the unsuccessful applicants, enclosing a copy of the programme; when the scheme will be announced; assessment conducted on their application, if he will consider including the club; and if he including the score and explanatory comments. will make a statement on the matter. [23053/05] EU Regulations. 242. Mr. Lowry asked the Minister for Arts, Sport and Tourism when a club (details supplied) 246. Mr. Naughten asked the Minister for Arts, will be notified regarding the outcomes of a Sport and Tourism the steps he has taken to scheme; the current ranking of the club within the ensure that his Department complies with the programme; when the scheme will be announced; decisions of the High Court of 6 March 2002 and if he will consider including the club; and if he of the Supreme Court of 16 July 2003 that any will make a statement on the matter. [23054/05] ministerial order having the effect of creating an indictable offence is ultra vires; if this decision has 243. Mr. Lowry asked the Minister for Arts, been upheld by his Department; and if he will Sport and Tourism when a club (details supplied) make a statement on the matter. [23131/05] will be notified regarding the outcomes of a scheme; the current ranking of the club within the Minister for Arts, Sport and Tourism (Mr. programme; when the scheme will be announced; O’Donoghue): The question refers to the High if he will consider including the club; and if he Court decision of 6 March 2002 and Supreme will make a statement on the matter. [23055/05] Court decision of 16 July 2003, and while the name of the case was not included in the question 244. Mr. Lowry asked the Minister for Arts, it would appear that the Deputy is referring to Sport and Tourism when a club (details supplied) the decision in the case of Vincent Browne v the will be notified regarding the outcomes of a Attorney General. The Supreme Court in this scheme; the current ranking of the club within the case decided that an EC regulation could only be programme; when the scheme will be announced; transposed by regulations under a provision of an if he will consider including the club; and if he Act of the Oireachtas, which specifically allows will make a statement on the matter. [23056/05] for the transposition of an EC regulation. 245. Mr. Lowry asked the Minister for Arts, The parameters of the decision in the Browne Sport and Tourism when a club (details supplied) case were considered by the Supreme Court in will be notified regarding the outcomes of a the subsequent case of Thomas Kennedy v the scheme; the current ranking of the club within the Attorney General, the Minister for the Marine programme; when the scheme will be announced; and Natural Resources. The Supreme Court in its if he will consider including the club; and if he decision in that case of 31 May 2005 clarified the will make a statement on the matter. [23057/05] limits of its earlier decision in the Browne case and decided that EU policy can only be implemented by regulations made under an Act Minister for Arts, Sport and Tourism (Mr. of the Oireachtas where the Act specifically O’Donoghue): I propose to take Questions Nos. allows for the implementation of EU policy by 238 to 245, inclusive, together. regulations. The Attorney General will shortly The national lottery funded sports capital prog- advise the Government on action to be taken to ramme, which is administered by my Depart- address the issues raised in these cases. ment, allocates funding to sporting and community organisations at local, regional and Sports Capital Programme. national level throughout the country. The programme is advertised on an annual basis. Appli- 247. Ms Enright asked the Minister for Arts, cations for funding under the 2005 programme Sport and Tourism when a decision will be made were invited through advertisements in the press on the applications from County Laois under the 1343 Questions— 29 June 2005. Written Answers 1344

[Ms Enright.] All of the 1,362 applications received before 2005 sports capital programme; and if he will that deadline, including one from the organis- make a statement on the matter. [23308/05] ation in question, are being evaluated against the programme’s assessment criteria, which are out- 248. Ms Enright asked the Minister for Arts, lined in the guidelines, terms and conditions of Sport and Tourism when a decision will be made the programme. I intend to announce the grant on the applications from County Offaly under the allocations for the programme as soon as possible 2005 sports capital programme; and if he will after the assessment process has been completed make a statement on the matter. [23309/05] and to announce details of and invite applications Minister for Arts, Sport and Tourism (Mr. to the 2006 sports capital programme before the O’Donoghue): I propose to take Questions Nos. end of this year. 247 and 248 together. The national lottery funded sports capital prog- National Aquatic Centre. ramme, which is administered by my Depart- 251. Ms Burton asked the Minister for Arts, ment, allocates funding to sporting and com- Sport and Tourism the money owed in rent by a munity organisations at local, regional and management company (details supplied) in national level throughout the country. The prog- respect of the National Aquatic Centre; and if ramme is advertised on an annual basis. Appli- this company will continue to hold the lease for cations for funding under the 2005 programme the centre. [23332/05] were invited through advertisements in the press on 5 and 6 December last. The closing date for Minister for Arts, Sport and Tourism (Mr. receipt of applications was 4 February. O’Donoghue): As a number of matters relating All of the 1,362 applications received before to the lease of the National Aquatic Centre, including the issue of rent payment, are currently that deadline are being evaluated against the the subject of proceedings that have been taken programme’s assessment criteria, which are out- by CSID against the operators of the centre and lined in the guidelines, terms and conditions of are before the commercial court, it would be the programme. I intend to announce the pro- inappropriate for me to comment on the matter visional grant allocations for the programme as at present. soon as possible after the assessment process has been completed. Adult Education. Sport and Recreational Development. 252. Ms Burton asked the Minister for Enterprise, Trade and Employment if her atten- 249. Mr. Hayes asked the Minister for Arts, tion has been drawn to the damage which will be Sport and Tourism when the sports partnership caused to second chance education, particularly initiative operated by the Irish Sports Council will in disadvantaged areas by the proposed changes, be rolled out to south Tipperary. [23310/05] and cutbacks without consultation, in respect of Minister for Arts, Sport and Tourism (Mr. return to education courses; the proposes changes O’Donoghue): The Irish Sports Council is the to same; and if he will make a statement on the statutory body with responsibility for the matter. [23280/05] development of sport, including initiatives to pro- Minister of State at the Department of mote sport in local areas. The provision in fund- Enterprise, Trade and Employment (Mr. ing for the Irish Sports Council in the 2005 Esti- Killeen): The FA´ S-VEC return to education \ mates is over 34 million, in comparison with just programme was put in place to address the liter- \ over 13 million in 2000. acy needs of participants on the community employment programme. It has been running for Sports Capital Programme. a number of years and is delivered on a regional 250. Mr. Kehoe asked the Minister for Arts, basis by the VECs. There have been no cutbacks ´ Sport and Tourism when the application for the in the FAS budget for literacy training over 2004. sports capital grant will be made available to There has been an increase in expenditure on lit- organisations; and if he will make a statement on eracy to date this year when compared to last the matter. [23311/05] year. While the course has been successful in achiev- Minister for Arts, Sport and Tourism (Mr. ing the overall objectives of providing literacy O’Donoghue): The national lottery funded sports support, the organisational arrangements and capital programme, which is administered by my delivery has varied from region to region. In Department, allocates funding to sporting and order to bring some consistency to the prog- community organisations at local, regional and ramme, the representative body of the VECs, the national level throughout the country. The prog- IVEA, and FA´ S had a series of meetings to ramme is advertised on an annual basis. Appli- review the programme. FA´ S has undertaken cations for funding under the 2005 programme extensive consultation with regional staff on the were invited through advertisements in the press matter and, together with the IVEA, brought for- on 5 and 6 December last. The closing date for ward proposals for a restructured programme. receipt of applications was 4 February. These proposals have now been agreed and have 1345 Questions— 29 June 2005. Written Answers 1346 been circulated by FA´ S to regional staff for Enterprise, Trade and Employment if IDA implementation. Likewise, the IVEA agreed the Ireland has sanctioned the sale of its lands at programme on behalf of the VECs in consul- Mountrath Road, Portlaoise, to enable these tation with them. The revised structure will lands be used for the Government’s decentralis- ensure a more effective delivery system, ation programme; and if he will make a statement improved quality assurance, and will cover the on the matter. [23141/05] following headings: referral, partnership in delivery, consistency in provision and regional cover- Minister for Enterprise, Trade and Employ- age, progression for the learner. ment (Mr. Martin): IDA Ireland is at an advanced stage of negotiations with the OPW The new agreement stresses the importance of regarding the sale of approximately nine acres of providing adequate supports to the individual land at Mountrath Road, Portlaoise, to facilitate learner and makes provision for additional tuition the Government’s proposed decentralisation to be provided based on the learner’s needs which programme, in respect of decentralising the head- will be supported by VECs and FA´ S. In addition, quarters of the Department of Agriculture and both the VECs and FA´ S are seeking ways in Food to the town. This proposal will be submitted which the VECs can provide other supports to for approval by IDA Ireland property committee FA´ S and to work more closely with FA´ S staff and of the board in July 2005. CE sponsors in developing their awareness and skills in promoting and supporting literacy with CE participants. Industrial Development. 255. Mr. Kehoe asked the Minister for EU Regulations. Enterprise, Trade and Employment the number of site visits by any of the agencies to a factory 253. Mr. Naughten asked the Minister for (details supplied) in County Wexford since the Enterprise, Trade and Employment the steps he Department was made aware of the factory; the has taken to ensure that his Department complies date each visit occurred; the outcome of each with the decisions of the High Court of 6 March visit; if his attention has been drawn to the unem- 2002 and of the Supreme Court of 16 July 2003 ployment crisis in Enniscorthy town and area; and that any Ministerial order having the effect of if he will make a statement on the matter. creating an indictable offence is ultra vires; if this [23142/05] decision has been upheld by his Department; and if he will make a statement on the matter. Minister for Enterprise, Trade and Employ- [23132/05] ment (Mr. Martin): There have been two IDA Ireland site visits to the advance technology Minister for Enterprise, Trade and Employ- building in Enniscorthy, in February and May ment (Mr. Martin): The parliamentary question 2003. Unfortunately, neither of these site visits refers to the decision of the High Court of 6 resulted in a tenant being found for the building. March 2002 and the Supreme Court decision of 16 July 2003, and while the name of the case was IDA Ireland’s strategy for County Wexford, not included in the question it would appear that for the medium to long term, is to concentrate the question is referring to the decision of resources on the NSS hub and county town of Vincent Browne v. the Attorney General. The Wexford as the location with the greatest poten- Supreme Court in this case decided that an EU tial to develop as a first class location for inward regulation can only be transposed by regulations investment from overseas. Other towns in the under a provision of an Act of the Oireachtas county, including Enniscorthy, are expected to which specifically allows for the transposition of benefit from the greater dynamism that the NSS an EU regulation. gateway and hub locations of Waterford, Wexford and Kilkenny can bring to the wider The parameters of the decision in the Browne south-east region. In the short term, however, case were considered by the Supreme Court in IDA Ireland will concentrate its efforts on other the subsequent case of Thomas Kennedy v. the towns, including Enniscorthy, where there are Attorney General and the Minister for available advance technology buildings to market Communications, Marine and Natural Resources. to overseas clients. The Supreme Court, in its decision in that case In recent years, IDA Ireland has been seeking of 31 May 2005, clarified the limits of its earlier to attract overseas companies in newer sectors to decision in the Browne case and decided that EU Wexford and the profile of clients has been policy can only be implemented by regulations changing, with Lake Region and Waters Corpor- made under an Act of the Oireachtas where the ation — medical technologies — as well as PFPC Act specifically allows for the implementation of and Equifax — international services — now EU policy by regulations. firmly established in the county. IDA Ireland is The Attorney General will shortly be advising committed to continue marketing Wexford as a the Government on action to be taken to address location for knowledge-intensive industries. the issues raised in these cases. Major recent job announcements for County Wexford were made in May 2005 including a 200 Decentralisation Programme. job expansion project for PFPC and a 130 job 254. Mr. Fleming asked the Minister for expansion project for Waters Corporation. 1347 Questions— 29 June 2005. Written Answers 1348

256. Mr. P. Breen asked the Minister for Chamber of Industries, has been working to Enterprise, Trade and Employment if he will attract new industry projects to the area. As part specifically target Kilrush and west Clare as an of a planned programme, the group has estab- area of job creation in view of the recent job lished the Clare consul programme to promote losses in the region; and if he will make a state- the county as a location for industry, services ment on the matter. [23262/05] and tourism. Miltown Malbay has also been selected as a 261. Mr. P. Breen asked the Minister for pilot location for the e-towns programme, Enterprise, Trade and Employment the plans he launched by Shannon Development in 2004. The has to attract industrial development to County aim of this initiative is to help disperse economic Clare in view of the number of factories and activity and job creation to smaller population industrial units available for rental; and if he will centres. make a statement on the matter. [23436/05] Shannon Development is also working with the west Clare industry and employment working Minister for Enterprise, Trade and Employ- group, which includes Kilrush Town Council, ment (Mr. Martin): I propose to take Questions ESB Moneypoint, FA´ S, Kilrush Chamber of Nos. 256 and 261 together. Commerce and Clare County Enterprise Board, IDA Ireland is the national agency with statu- to promote west Clare as a location for industry tory responsibility for the attraction of foreign and tourism. direct investment, FDI, to Ireland and its regions, while Shannon Development has responsibility Departmental Agencies. for Irish industry in the Shannon region and the promotion of the Shannon free zone. 257. Mr. Hogan asked the Minister for IDA Ireland and Shannon Development are Enterprise, Trade and Employment the reason both committed to the achievement of balanced for the exclusion of the Consumer Association of regional development. Both organisations recog- Ireland for membership of the interim board of nise the need to provide high value employment the National Consumer Agency; and if he will opportunities in Clare that provide sustainable make a statement on the matter. [23379/05] long-term jobs. The attractiveness of Clare for Minister for Enterprise, Trade and Employ- inward investment has to be considered in a ment (Mr. Martin): The core recommendation in regional context, and particularly by reference to the report of the Consumer Strategy Group, its location on the Limerick-Shannon-Galway which was published on 18 May 2005, is that a corridor. The national spatial strategy provides a new national consumer agency be established. framework for the achievement of this goal This recommendation has been accepted in prin- through the prioritisation of development and ciple by the Government. The establishment of investment in the linked gateway of Limerick- the new agency will require primary legislation Shannon and hub locations of Ennis and Tralee- and my Department has already commenced pre- Killarney. The primary needs for new investment paratory work on this matter. In order to main- projects can be summarised as follows: a high tain the momentum of the CSG’s report, earlier quality urban environment with a critical mass in this month I appointed a board to the new agency population; world class access infrastructure, for to act in an interim capacity until such time as the example, road access to key cities and ports and agency is established on a statutory footing. I am international airports; telecommunications infra- satisfied that the membership of the interim structure with multiple carriers and competitive board is sufficiently representative, balanced and pricing with business support services; third level experienced to carry out its important work pre- educational infrastructure including universities paring for the advent of the fully fledged national and technical institutes that are located on or consumer agency so as to ensure that the agency close to high quality business and technology can hit the ground running once it is formally parks; and a range of affordable state of the art established by statute. Notwithstanding that the property solutions. Consumers’ Association of Ireland may not be Responsibility for the provision of industrial formally represented on the interim board, my property solutions within the mid-west region, Department fully acknowledges and supports the including County Clare, lies with Shannon valuable work carried out by the association. For Development, and IDA Ireland works closely the past number of years, my Department has with it in the promotion and marketing of these allocated funding to the association to assist it in tailored property solutions. Shannon Develop- carrying out its work. In addition, I fully agree ment has also appointed a full-time marketing with the Consumer Strategy Group that the and promotion executive to promote the avail- interim board and indeed the agency should work ability of vacant premises. Vacant space and sites closely with State and non-State agencies such as are advertised locally and in appropriate per- the Consumers’ Association of Ireland. iodicals. The Industry Ennis group, which includes Job Creation. Shannon Development, IDA Ireland, Ennis Town Council, FA´ S, the Clare County Enterprise 258. Mr. Hayes asked the Minister for Board, Ennis Chamber of Commerce and Clare Enterprise, Trade and Employment the measures 1349 Questions— 29 June 2005. Written Answers 1350 being taken to introduce industry and employ- for the county in the medium to long term. IDA ment to Tipperary town. [23380/05] Ireland will continue to work with existing clients in the county to encourage further expansion and Minister for Enterprise, Trade and Employ- a move to higher value activities. ment (Mr. Martin): IDA Ireland is the State The emerging Tipperary institute can play an agency charged with the attraction of foreign important part in attracting new investment to direct investment into Ireland. the county by increasing the quantity and quality On Tipperary town, IDA Ireland, in conjunc- of students in the business and science related tion with South Tipperary County Council, is cur- areas. rently in the process of upgrading the business park at Knockenrawley. This includes a new Departmental Programmes. access road to the site, extensive landscaping, services, utilities and public lighting. Additional 259. Mr. Bruton asked the Minister for works are also being undertaken external to the Enterprise, Trade and Employment the direct site on the main approach road. cost of training per participant on community An advance technology building of 16,000 sq. employment and job initiative schemes since 1997 ft. with 100% expansion capability is currently to date; the number of participants on community under construction on the park. Construction is employment and job initiative schemes since 1997 expected to be completed in the next few months. to date; and the numbers trained since 1997 to This building is being financed and developed by date. [23420/05] a local development group under the business Minister for Enterprise, Trade and Employ- expansion scheme to an agreed IDA Ireland ment (Mr. Martin): The average annual direct design. IDA Ireland is already actively marketing costs per participant, which comprise wages, both the park and the advance technology build- training, materials and supervision provision, for ing through its network of overseas offices and community employment, CE, and job initiative, will be in a stronger position to market the park JI, schemes from 1997 to date are outlined in the when the construction works are completed. following table. Training costs are shown separ- IDA Ireland will focus on the growth sectors ately. With the exception of the 2005 figure, all of international services, health care and pharma- amounts are based on year end figures. Average ceuticals. In addition, the information and annual direct costs for participants on CE and JI communications sector is likely to have potential programmes from 1997 to date.

Programme 27 May 2004 2003 2002 2001 2000 1999 1998 1997 2005

\ \\\\\\\\ CE Average Annual *13,564 12,865 12,992 11,630 10,707 10,390 9,872 9,513 9,200 Direct Costs Training Costs Included *540 515 520 465 428 415 395 380 348 Above JI Average Annual Direct *20,397 18,798 17,638 16,817 15,673 13,572 13,658 13,437 13,343 Costs Training Costs Included *816 752 705 673 627 543 546 537 534 Above *Budgeted cost. Source: FA´ S management accounts.

Numbers of participants on CE and JI schemes from 1997 to date.

Programme 27 May 2004 2003 2002 2001 2000 1999 1998 1997 2005

CE Participants 20,182 20,772 18,293 23,086 28,665 31,221 33,887 37,245 36,839 CE Supervisors 1,455 1,472 1,555 1,905 2,144 2,328 2,692 2,275 2,200

Total CE 21,637 22,194 19,848 24,991 30,809 33,549 36,579 39,520 39,039

Total JI 1,910 1,969 2,207 2,525 2,762 2,582 2,198 1,442 960 Source: FA´ S management information system.

Departmental Agencies. for each of the areas (details supplied); and if he will make a statement on the matter. [23435/05] 260. Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the annual Minister for Enterprise, Trade and Employ- cost in each of the past five years for Shannon ment (Mr. Martin): Shannon Development esti- Development to maintain its vacant factories and mates the cost of maintenance of vacant indus- industrial units in County Clare; the cost of same trial premises by reference to the amount of 1351 Questions— 29 June 2005. Written Answers 1352

[Mr. Martin.] tures all too often in the fatalities and injuries annual service charges forgone. As the system of numbers. Among the particular initiatives is farm service charges was only introduced in 2001, the safety week, which was conducted in April, with agency is unable to provide figures for 2000. The a range of activities organised by the farm safety agency has also informed me that systems in place partnership, an advisory committee to the Health for recording the costs in respect of industrial and Safety Authority. Also among the initiatives property only facilitate a breakdown of costs was a programme of 400 inspections which the between the Shannon area, which includes the authority carried out nationwide during that Shannon free zone and Smithstown industrial week focusing on the four key themes of farm estates and the rest of County Clare. The infor- safety week, namely: safety for the elderly on mation is as follows: farms; completion of farm safety self assessment document; tractor maintenance; and machine County Clare (All industrial estates excluding Shannon). guarding, particularly power take-off, PTO, shafts. 2001 2002 2003 2004 In addition to the inspection campaign, a wide range of other activities has been undertaken by \ \ \ \ 1,212 10,018 6,130 1,027 the authority, including: a national radio campaign over a two-week period; a safety advertisement aired in 21 livestock marts nationwide via Shannon and Smithstown industrial estates. Farm TV over a three-month period; the distribution of farm self-assessment documents; the 2001 2002 2003 2004 distribution of 90,000 farm safety brochures in the \ \ \ \ Irish Farmers Journal; and a text message alert to 27,790 10,589 19,977 25,673 farmers during the week. A major national conference on farm safety is currently being organised by the farm safety Question No. 261 answered with Question partnership. No. 256. Labour Force Development. 262. Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the plans he 264. Mr. Bruton asked the Minister for has for the future of Shannon Development; and Enterprise, Trade and Employment the Govern- if he will make a statement on the matter. ment spending on labour force development and [23437/05] training since 1997 to date. [23499/05] Minister of State at the Department of Minister for Enterprise, Trade and Employ- Enterprise, Trade and Employment (Mr. ment (Mr. Martin): I recently met the board of Killeen): I assume the Deputy is referring to the Shannon Development to discuss proposals it has public funding allocated to my Department for made on a future mandate for the company. I labour force development and training. This have also received the views of a number of other funding has been allocated by the Exchequer stakeholders on the future of the company. I since 1997 to the labour force development expect to be in a position to communicate for- subheads of my Department’s Vote and by the mally with the company regarding a revised man- national training fund, NTF, since its launch in date shortly. 2001. Combined Exchequer and NTF expenditure in Farm Safety. this area was as follows: 263. Mr. Naughten asked the Minister for Enterprise, Trade and Employment the figures Year for the moneys allocated to fund farm safety \ awareness campaigns by the Health and Safety Year Authority from 1997 to date; and if he will make 1997 505,484,000 a statement on the matter. [23493/05] 1998 526,863,000 Minister of State at the Department of 1999 592,864,000 Enterprise, Trade and Employment (Mr. 2000 689,919,000 Killeen): The funding available to the Health and 2001 836,854,000 Safety Authority is not broken down into 2002 869,075,000 amounts spent or allocated to the various sectors 2003 832,374,000 under the authority’s statutory enforcement and 2004 834,445,000 (provisional outturn) advisory remit. I am, therefore, unable to provide 2005 952,241,000 (allocation) the Deputy with figures on the funding for farm safety awareness campaigns. The Health and Safety Authority, in its prog- Health Service Allowances. ramme of work for 2005, is, as in 2004, conducting a comprehensive programme of work in the agri- 265. Mr. Gilmore asked the Minister for Social culture sector as this sector unfortunately fea- and Family Affairs the total number of rent 1353 Questions— 29 June 2005. Written Answers 1354 allowance recipients for each year, for each Minister for Social and Family Affairs (Mr. health board area for the past five years. Brennan): I propose to take Questions Nos. 265 [23375/05] and 266 together. 266. Mr. Gilmore asked the Minister for Social Details of recipients of rent supplement and and Family Affairs the total expenditure on the expenditure on rent supplements in each of the rent allowance for each health board area, for past five years by health board area are set out in each year of the past five years. [23376/05] the following tables.

Table 1: Expenditure on rent supplement by health board area from 2000 to 2004.

2000 2001 2002 2003 2004

\m \m \m \m \m ERHA 78.3 87.9 123.9 176.5 197.9 MHB 4.7 5.8 9.0 11.1 10.6 MWHB 8.4 10.8 14.8 18.8 19.7 NEHB 6.8 9.9 14.3 16.0 14.4 NWHB 4.7 5.7 8.1 9.4 9.9 SEHB 13.0 16.8 23.6 28.6 29.6 SHB 20.5 24.6 33.7 41.5 42.3 WHB 14.2 17.9 24.9 29.6 29.4

Table 2: Recipients of rent supplement by health board area from 2000 to 2004.

2000 2001 2002 2003 2004

ERHA 18,609 17,866 21,874 25,523 25,711 MHB 1,606 1,790 2,285 2,319 2,090 MWHB 2,975 3,271 3,892 4,348 4,163 NEHB 2,292 2,787 3,352 3,374 2,876 NWHB 1,924 2,111 2,569 2,738 2,535 SEHB 3,995 4,667 5,536 6,190 6,018 SHB 6,579 7,035 8,334 8,985 8,539 WHB 4,703 5,501 6,371 6,499 5,942

EU Regulations. payment of child dependant allowance rate to each social welfare benefit and allowance pay- 267. Mr. Naughten asked the Minister for ment; the reason for the difference in child Social and Family Affairs the steps he has taken dependant rates; and if he will make a statement to ensure that his Department complies with the on the matter. [23335/05] decisions of the High Court of 6 March 2002 and of the Supreme Court of 16 July 2003 that any Minister for Social and Family Affairs (Mr. Ministerial order having the effect of creating an Brennan): There are currently three different indictable offence is ultra vires; if this decision has weekly rates of child dependant allowances pay- been upheld by his Department; and if he will able to social welfare recipients, namely, \16.80, make a statement on the matter. [23133/05] \19.30 and \21.60. To standardise the three main rates of allowances at the highest rate of \21.60 Minister for Social and Family Affairs (Mr. would mean that approximately 243,000 full-rate Brennan): The Social Welfare (Consolidation) payments and 93,000 half-rate payments would be Act 1993 sets out the circumstances in which an increased at a cost of approximately of \59 mil- offence has been committed under the social wel- lion annually. fare code, along with the associated penalties. In The policy direction followed by successive the main, these provisions are detailed in Chapter Governments has been to concentrate resources 4 of Part VI of that Act. The Minister does not for child income support on the child benefit have the power, under the provisions of the Act, scheme rather than child dependant allowances to create an indictable offence by way of because the loss of child dependant allowances by regulations. social welfare recipients on taking up employment can act as a disincentive to availing of Social Welfare Code. work opportunities. 268. Mr. P. McGrath asked the Minister for Child benefit is neutral vis-a`-vis the employ- Social and Family Affairs if he will review the ment status of the parents and consequently does 1355 Questions— 29 June 2005. Written Answers 1356

[Mr. Brennan.] sions strategy. The review encompasses an exam- not contribute to such potential poverty traps. ination of the main strategic recommendations The Government’s commitment in this regard is contained in the national pensions policy initiat- reflected in the substantial resources invested in ive including those relating to the adequacy of the child benefit scheme since entering office, income in retirement, coverage targets, levels of including the increases announced in budget social welfare pensions, sustainability of State 2005, which came into effect from April this year. pensions, including public sector pensions and the These increases will bring the monthly rate of tax support for private and occupational pen- child benefit to \141.60 in respect of each of the sions. The review is also examining the question first two children and \177.30 for third and sub- of alternative ways of addressing adequacy and sequent children. coverage issues. In the partnership agreement Sustaining Pro- I expect to receive the report of the Pensions gress, the importance of child income support Board in September and at that stage I will arrangements, including child dependant allow- decide what further action, is required in this ances, is recognised with a commitment to exam- area. The board will be pleased to accept and ine the effectiveness of current arrangements in consider submissions on the review and possible ending child poverty. The question of further ways forward. In this regard, in March it invited rationalisation of child dependant allowance will all interested parties to put forward their views. be a matter for consideration in a budgetary con- While a formal consultation process is not pro- text and in the context of priorities generally. posed at this stage, I stress that there is a rep- 269. Mr. Bruton asked the Minister for Social resentative on the Pensions Board from the Irish and Family Affairs if he will extend the rights to Senior Citizens Parliament, and groups rep- the free schemes for widows aged 60 and over to resenting older people can, if they wish, make all widows in this age category. [23386/05] their views known directly to the board or through their representative. Minister for Social and Family Affairs (Mr. 271. Mr. Bruton asked the Minister for Social Brennan): The household benefits package, and Family Affairs if he will indicate the social which comprises the electricity-gas allowance, welfare pension as a percentage of the average telephone allowance and television licence industrial wage; the number of persons in receipt schemes, is generally available to people living of a pension as a percentage of the total number permanently in the State, aged 66 years or over, of persons at work here and in each of the EU who are in receipt of a social welfare-type pay- countries for the most recent year for which comment or who satisfy a means test. The package is parative date are available. [23388/05] also available to carers and people with disabilities under the age of 66 who are in receipt of Minister for Social and Family Affairs (Mr. certain welfare-type payments. People aged over Brennan): The current rate of old age contribu- 70 years of age can qualify regardless of their tory pension, \179.30 per week, represents just income or household composition. Widows and under 32% of gross average industrial earnings widowers aged from 60 to 65 whose late spouses based on average earnings in 2004. At the end had been in receipt of the household benefits of March 2005, there were about 393,000 older package retain that entitlement to ensure that persons in receipt of a social welfare pension. households do not suffer a loss of entitlements This represents 21% of those at work. following the death of a spouse. Figures on the numbers in receipt of State pen- A range of proposals, including that referred to sions in other EU countries are not available. by the Deputy, have been made to extend the However, the number of people who are over 65 coverage of the household benefits package. years of age as a percentage of the numbers of These proposals are kept under review in the con- working age is, on average, 24.5% across the EU. text of the objectives of the scheme and budget- Italy has the highest ratio at 28.9%, with Slovakia ary resources. with the lowest at 16.3%. The ratio for Ireland stands at 16.4%. Pension Provisions. 272. Mr. Bruton asked the Minister for Social 270. Mr. Bruton asked the Minister for Social and Family Affairs the percentage of the work- and Family Affairs the options for pension force here who have occupational pensions; and reform which he has under consideration; if he the way in which this compares to other EU plans to undertake consultation with representa- countries. [23390/05] tives of pensions associations as a part of this process; and if he will make a statement on the Minister for Social and Family Affairs (Mr. matter. [23387/05] Brennan): The most recent figures released by Minister for Social and Family Affairs (Mr. the Central Statistics Office on occupational and Brennan): At my request, the Pensions Board is private pensions coverage relate to the first quar- at present conducting a review of our overall pen- ter of 2004. These show that 52.4% of the work- 1357 Questions— 29 June 2005. Written Answers 1358 force had a private or occupational pension, Amounts received in PRSI from 1997 to date. including 6.3% with just a private pension. Cover- Employer Employee Self- age for the key target group for the national pen- Employed sions policy initiative, those who are 30 years of age and over, stands at 59.1%. \000 \000 \000 Comparison with other EU countries is diffi- 1997 1,739,552 571,844 156,671 cult because the structure of pensions systems, 1998 2,007,125 542,385 165,770 the relative importance attaching to different 1999 2,328,712 620,919 205,456 elements of the system, mainly social security and 2000 2,763,419 745,569 190,051 occupational, and their contribution to the incomes of retired people can vary greatly from 2001 3,251,639 819,752 189,191 country to country. A group of countries with 2002 3,520,443 974,219 252,455 near comprehensive coverage, greater than 90% 2003 3,692,896 1,077,203 277,696 of the workforce, includes Denmark, Sweden and 2004(E) 4,000,313 1,257,639 356,620 the Netherlands. As outlined above, the overall Total 23,304,099 6,609,530 1,793,910 coverage rate for Ireland is 52.4% and similar rates are found in countries such as Germany, (E) Estimated. Belgium and Poland. In the United Kingdom, it Parking Regulations. is estimated that 43% of the workforce are covered by an occupational or private scheme. 275. Mr. P. Breen asked the Minister for Trans- Countries such as Italy and Portugal have very port if he will consider increasing the fine of \19 low rates of coverage, that is, less than 10%. to \100 for persons parking in reserved disabled Achieving an adequate pension level will drivers slots which is an ongoing problem increasingly depend on private pension provision throughout the country; and if he will make a supplementing public pensions. statement on the matter. [23260/05] 273. Mr. Bruton asked the Minister for Social Minister for Transport (Mr. Cullen): Where a and Family Affairs if he will change the rules person is convicted by a court of the commission whereby persons who opt to have the invalidity of the offence of parking illegally in a disabled pension awarded directly into a bank account person’s parking bay, he or she is liable to a fine not exceeding \800 for a first offence. The receive it one week in arrears, even though this maximum fine for a second or subsequent offence arrangement saves the Department approxi- \ \ is 1,500 and in the case of a third or subsequent mately 1.24 per week in handling costs; and if offence committed within a twelve month period arrangements will be made to put such pensioners \1,500 and-or a prison sentence of up to three on to a same week basis. [23393/05] months. Those levels of maximum fines were estab- Minister for Social and Family Affairs (Mr. lished in the Road Traffic Act 2002 and represent Brennan): My Department provides people very significant increases over the maximum fines receiving social welfare payments with a range of that could be applied to that offence under pre- payment options including electronic fund vious legislation, which were \190, £150, in transfer, EFT. The majority of those on invalidity respect of a first offence and \440, £350, in pension who opt for this facility do so at the start respect of a second or subsequent offence. This of their claim and are paid on a regular weekly offence currently comes within the scope of the basis once their claim is put into payment. EFT on the spot fines system and, in association with payments for invalidity pensioners are currently the majority of other parking offences, it attracts made one week in arrears. an on the spot fine of \19. The issue of the alignment of EFT payments The Road Traffic Act 2002 provides for the with that of other payment methods, including replacement of the on the spot fine system with the elimination of the week in arrears payment, the new fixed charge system. That system cur- is being addressed and the necessary arrange- rently applies to the offences of exceeding a ments will be made as soon as possible. speed limit and non-compliance with seat belt regulations. Regulations to provide for the roll Social Insurance. out of that system to a significant number of additional traffic and parking offences are cur- 274. Mr. Bruton asked the Minister for Social rently being prepared by my Department in con- and Family Affairs the amount received in PRSI sultation with the Department of Justice, distinguishing employer and employee contri- Equality and Law Reform and the Garda Sı´och- butions since 1997 to date. [23480/05] a´na. This extension of the operation of the fixed charge system will include its application to the Minister for Social and Family Affairs (Mr. offence of illegally parking in disabled person’s Brennan): The information required by the parking bays. The level of the charge for that Deputy is contained in the following tabular offence will be pitched at a level significantly statement. higher than that which will apply to other parking offences. 1359 Questions— 29 June 2005. Written Answers 1360

[Mr. Cullen.] The operation of the fixed charge system is The reports do not provide a breakdown of the dependent on the development of a new com- number of collisions in each county that occurred puterised processing system for the Garda. I in 100 k/mh speed limit zones and at junctions- understand that it is expected that the new system turning points. However, the 2003 report shows will be available later this year. that of the 301 fatal collisions which took place in that year, 63 occurred at junctions. Of those 63 Road Safety. collisions, 32 occurred outside built-up areas, that is, in areas with a speed limit greater than 60 276. Mr. Crawford asked the Minister for k/mh. Transport if he has received any reports or feedback on the new speed limits; and if he will make 278. Mr. Neville asked the Minister for Trans- a statement on the matter. [23350/05] port the budget for promoting road safety for 2005. [23367/05] Minister for Transport (Mr. Cullen): Under the Road Traffic Act 2004 it is a matter for the Minister for Transport (Mr. Cullen): The elected members of city councils and county National Safety Council is the agency responsible councils to determine whether or not a special for road safety advertising and promotion. The speed limit should be applied in lieu of the 80 council has been allocated \3.965 million in 2005. kilometres per hour default speed limit on any A total of \1 million of this allocation relates particular stretch of regional road. Any reporting specifically to the public information campaign or evaluation in relation to the speed limits in relating to the metrication of speed limits, which force in any area is a matter to be carried out at took place earlier this year. The council also local level. I have no function in the matter. receives funding from the Irish Insurance Feder- 277. Mr. Neville asked the Minister for Trans- ation and from private sponsorship. port the number of persons who died by road accidents in 2004. [23366/05] Question No. 279 answered with Question No. 277. 279. Mr. P. Breen asked the Minister for Trans- port the numbers of fatal and non-fatal road acci- EU Regulations. dents in County Clare for each of the years 2000 280. Mr. Naughten asked the Minister for to 2004; the number of same which occurred in Transport the steps he has taken to ensure that areas in which the speed limit is 100 kph; the his Department complies with the decisions of the number of same which occurred at junctions and High Court of 6 March 2002 and of the Supreme turning points; and if he will make a statement on Court of 16 July 2003 that any ministerial order the matter. [23429/05] having the effect of creating an indictable offence is ultra vires; if this decision has been upheld by Minister for Transport (Mr. Cullen): I propose his Department; and if he will make a statement to take Questions Nos. 277 and 279 together. on the matter. [23134/05] Statistics relating to road accidents, based on information provided by the Garda Sı´ocha´na, are Minister for Transport (Mr. Cullen): The published by the National Roads Authority, parliamentary question refers to the decision of NRA, in its annual road accident facts reports. the High Court of 6 March 2002 and the Supreme The most recent report, Road Collision Facts, Court decision of 16 July 2003, and while the relates to 2003 and is available on the NRA web- name of the case was not included in the question site. Reports relating to previous years are avail- it would appear that it refers to the decision of able in the Oireachtas Library. Vincent Browne v. the Attorney General. The Provisional figures for 2004 indicate that 375 Supreme Court in this case decided that an EC people lost their lives in road traffic collisions. regulation can only be transposed by regulations The road collision reports include data relating to under a provision of an Act of the Oireachtas the number of fatal and non-fatal collisions in which specifically allows for the transposition of each county. Figures relating to specific counties an EC regulation. for 2004 will not be available until the NRA has The parameters of the decision in the Browne fully analysed and authenticated the 2004 statis- case were considered by the Supreme Court in tics. The following table gives the breakdown of the subsequent case of Thomas Kennedy v. the the number of fatal and non-fatal collisions in Attorney General and Minister for the Marine County Clare in 2000, 2001, 2002 and 2003: and Natural Resources. The Supreme Court in its decision in that case of 31 May 2005 clarified the Year Number of fatal Number of non-fatal limits of its earlier decision in the Browne case collisions in County collisions in County and decided that EU policy can only be Clare Clare implemented by regulations made under an Act of the Oireachtas where the Act specifically 2000 10 102 allows for the implementation of EU policy by 2001 9 97 regulations. The Attorney General will shortly 2002 15 131 advise the Government on action to be taken to 2003 8 108 address the issues raised in these cases. 1361 Questions— 29 June 2005. Written Answers 1362

Road Network. ing facilities for the testing of drivers of heavy goods vehicles. My Department is in consultation 281. Ms C. Murphy asked the Minister for with the Office of Public Works with a view to Transport if he has considered reducing to zero providing these facilities. Such facilities have the tolls on the West Link toll bridge; and if so, been provided in Sligo, Limerick and Dundalk. It the outcome of such consideration and the way in is the intention, subject to the availability of suit- which it was reached. [23192/05] able sites and the efficient and economic delivery Minister for Transport (Mr. Cullen): I have not of the service, to provide similar facilities at the considered the question of the reduction to zero test centres that currently test drivers of articu- of the tolls on the West Link toll bridge. The lated heavy goods vehicles. statutory power to levy tolls on national roads, to 284. Mr. Aylward asked the Minister for Trans- make toll by-laws and to enter into toll agree- port the progress to date on the provision of off- ments with private investors in respect of national road testing facilities for the testing of drivers of roads is vested in the National Roads Authority, heavy goods vehicles; and if these facilities will be NRA, under part V of the Roads Act 1993, as provided in Kilkenny. [23314/05] amended by the Planning and Development Act 2000. Tolling of the West Link bridge, therefore, Minister for Transport (Mr. Cullen): I refer the and any change to the current tolling arrange- Deputy to the reply to Question No. 309 of 26 ments, is a matter for the NRA, in the first April. My Department is in consultation with the instance. Office of Public Works with a view to providing I am aware that, in the context of the upgrade off-road facilities for the testing of drivers of of the M50 and my policy objective to move to heavy goods vehicles. Such facilities have been open road tolling, the NRA is in negotiation with provided in Sligo, Limerick and Dundalk. It is the NTR on a range of issues affecting the West Link intention, subject to the availability of suitable toll agreement. The NRA will report to me on sites and the efficient and economic delivery of the outcome of its engagement with NTR includ- the service, to provide similar facilities at the test ing any implications for the current agreement. centres that currently test drivers of articulated heavy goods vehicles. Public Transport. 282. Mr. Bruton asked the Minister for Trans- Road Safety. port, further to a parliamentary question of 22 285. Mr. P. McGrath asked the Minister for June, the length of bus lanes on each of the QBN Transport when he intends to introduce the com- projects approved for 2005, both prior to the pro- pulsory wearing of seatbelts for all users of public jected works and after the works are completed; transport; when this will happen; and if he will and if he will list information regarding the make a statement on the matter. [23315/05] spending and length of lanes on each of the QBN projects in the 2004 programme. [23312/05] Minister for Transport (Mr. Cullen): EU Directive 2003/20, which requires that seatbelts Minister for Transport (Mr. Cullen): The infor- must be used where they are fitted, must be trans- mation requested is held by the local authorities posed into national law by 9 May 2006. Last of the greater Dublin area, who are responsible month’s approval by the European Parliament of for QBC construction, and, as such, is not readily proposals to extend the requirement for safety available to my Department within the timeframe belts to be fitted to all seats in all new vehicles, for answering this parliamentary question. I have except for buses used on stage stop routes, opens asked my officials to collate the requested the way for the proposals to be adopted as material and to forward it directly to the Deputy. directives by the Council of Ministers. Assuming the proposals are adopted as directives this year, Driving Tests. new buses, including school buses, being regis- 283. Mr. Crawford asked the Minister for tered from a date in 2007 will require to be fitted Transport if his attention has been drawn to the with safety belts. fact that there is an effort to remove driving test- The outcome of the current investigations ing facilities for small lorries and minibuses from being held into the recent school bus tragedy will towns such as Cavan, forcing applicants to travel be carefully examined by myself and my col- to Dundalk, some 15 miles away; his views on league the Minster for Education and Science, as whether this is yet another removal of services regards safety issues affecting school buses in from rural Ireland causing unnecessary pressure particular. and time wasting on individuals; if he will ensure 286. Ms Shortall asked the Minister for Trans- that this sort of victimisation is not allowed; and port his views on the issues raised in a letter from if he will make a statement on the matter. a person (details supplied); if he will indicate the [23313/05] reason NCT certificates do not last two years Minister for Transport (Mr. Cullen): I refer the from the date of the last test rather than a speci- Deputy to the reply to Question No. 309 of 26 fied date relating to the car’s age regardless of April. Under EU Directive 2000/56/EC my when tests were carried out; if his attention has Department is required to provide off-road test- been drawn to the fact that the current rules can 1363 Questions— 29 June 2005. Written Answers 1364

[Ms Shortall.] Minister for Transport (Mr. Cullen): Table 1 lead to two tests for vehicles within a very short sets out the the numbers waiting and the average space of time and is seen as over-bureaucratic; if waiting time at each driving test centre on 28 he or his Department have raised this issue at EU June 2005. Table 2 sets out the pass rate at each level and the outcome of same; and if he will test centre for 2004. make a statement on the matter. [23317/05] Table 1. Minister for Transport (Mr. Cullen): In accord- Centre Applications on Average ance with Directive 96/96/EC, a passenger car Hand Weeks becomes liable for the national car test when it is Waiting four years old, that is on its fourth anniversary of first registration, and is liable for a further test Nth. Leinster every two years thereafter. In accordance with Finglas 10,742 28 that schedule, where a car is tested other than at Dundalk 3,350 26 the specified time, the test certificate is valid from Mullingar 1,981 26 the date of the actual test until the next date on Navan 4,618 31 which the test is due. Raheny 7,984 45 However, in the case of a car presented for test on a day that is less than three months before the Sth.Leinster next test due, the test certificate will be valid until Churchtown/Rathgar 11,884 40 the second next test due date, that is, for a period Gorey 2,489 44 up to the next test due date together with the full Naas 5,239 29 two years until the following test due date. I have Tullamore 2,023 34 no plans to ask the European Commission to con- Wicklow 2,665 45 sider the development of proposals to amend Tallaght 9,416 35 Directive 96/96/EC in respect of the timing of West vehicle tests. Athlone 1,206 27 Public Transport. Birr 1,288 25 Castlebar 2,199 30 287. Ms Burton asked the Minister for Trans- Clifden 396 21 port the moneys he proposes to allocate in capital Ennis 1,293 18 spending on bus services in Dublin 15 including Galway 3,251 27 Ongar, Clonee and Tyrellstown in 2005 and 2006. [23328/05] Loughrea 1,136 15 Roscommon 949 15 Minister for Transport (Mr. Cullen): The day Tuam 1,186 21 to day timetabling, scheduling of services and the deployment of its fleet is the statutory responsi- Nth.West bility of Dublin Bus. My Department is currently Ballina 1,146 26 awaiting the outcome of a review being carried Buncrana 767 34 out by Dublin Bus on how best to maximise the Carrick-on-Shannon 943 21 utilisation of its existing resources, in light of the Cavan 1,687 26 significant investment made in bus and rail Donegal 1,205 32 services and ongoing demographic changes. I Letterkenny 2,340 37 understand from Dublin Bus that this review will Longford 954 24 be completed by the end of the year. Monaghan 1,317 23 In addition, discussions are currently taking Sligo 1,664 30 place with the key stakeholders on the modernisation of the public transport regulatory frame- Sth.East work. It remains my intention to provide a mod- Carlow 2,498 37 ern and robust basis for the expansion of the bus Clonmel 2,190 32 market. Both public and private companies will Dungarvan 1,650 41 have a role to play in meeting the expanding Kilkenny 2,200 31 demand for bus services. I remain hopeful that Nenagh 923 48 these discussions will reach an effective con- Portlaoise 1,689 42 clusion in the near future. Thurles 1,316 38 Driving Tests. Tipperary 1,173 29 Waterford 3,029 31 288. Mr. Naughten asked the Minister for Wexford 2,503 29 Transport the average waiting time at each driving test centre; the number of applicants currently Sth.West awaiting a test at each centre; the average pass Cork 7,334 25 rate at each centre; and if he will make a state- Killarney 2,315 29 ment on the matter. [23451/05] Kilrush 502 25 1365 Questions— 29 June 2005. Written Answers 1366

Centre Applications on Average Centre % Pass Hand Weeks Waiting Tullamore 49.4 Limerick 4,067 26 Waterford 55.7 Mallow 2,195 28 Wexford 53.7 Newcastle West 1,838 30 Wicklow 44.7 Shannon 911 21 Overall Total 54.0 Skibbereen 2,143 37 Tralee 1,753 21 Drivers’ Licences.

Table 2. 289. Mr. Naughten asked the Minister for Transport the total number of provisional Centre % Pass licences issued by his Department which are currently valid; and if he will make a statement on Athlone 59.5 the matter. [23452/05] Ballina 62.4 Minister for Transport (Mr. Cullen): Pro- Birr 64.7 visional driving licences issued by licensing auth- Buncrana 63.5 orities are recorded on the national driver file, Carlow 50.0 held and administered by the Department of Carrick-on-Shannon 55.5 Environment, Heritage and Local Government, Castlebar 63.0 which has advised that there were 375,286 pro- Cavan 48.3 visional licences current at 31 March 2005. Churchtown 47.5 Rail Network Services. Clifden 59.3 Clonmel 51.5 290. Mr. Crawford asked the Minister for Cork 55.5 Transport if he has plans to evaluate the Donegal 56.7 reopening of the railway line through Navan to Dundalk 53.0 Kingscourt in an effort to give some rail services to the people of Cavan and Monaghan who have Dungarvan 60.8 to commute to work in Dublin; his views on Ennis 62.7 whether a park and ride system based in Kings- Finglas 47.8 court and possibly Navan would, in some small Galway 61.8 way, minimise road traffic congestion and more Gorey 48.6 importantly the pressure and tension for com- Kilkenny 55.1 muters who have to leave home at six o’clock in Killarney 59.2 the morning and do not arrive home until late in Kilrush 61.4 the evening; and if he will make a statement on Letterkenny 56.8 the matter. [23496/05] Limerick 61.9 Minister for Transport (Mr. Cullen): I under- Longford 52.7 stand that Iarnro´ dE´ ireann is, at present, examin- Loughrea 61.4 ing the feasibility study on the proposed Clonsilla Mallow 56.9 N3 interchange railway line, in consultation with Monaghan 47.7 Meath and Fingal County Councils. The next step ´ Mullingar 55.8 is for Iarnro´ dEireann to decide if and how it wishes to proceed with this project and I expect Naas 51.9 that a report will be submitted to my Department Navan 56.1 in due course. Nenagh 53.3 My Department is currently preparing a multi- Newcastle West 60.4 annual investment framework for transport and Portlaoise 53.3 the possibility of extending the line to Navan will Raheny 52.4 be dealt with in this context. Rathgar 41.3 There are no plans to develop the line beyond Roscommon 62.0 Navan to Kingscourt for passenger traffic. Integ- Shannon 64.4 ral to any proposals for the development of this Skibbereen 61.6 line will be the provision of park and ride facilities at appropriate locations to attract longer dis- Sligo 63.2 tance traffic such as that from Cavan and Tallaght 48.3 Monaghan. Thurles 53.6 Tipperary 48.9 Community Development. Tralee 57.0 291. Mr. Connolly asked the Minister for Com- Tuam 64.4 munity, Rural and Gaeltacht Affairs the reason 1367 Questions— 29 June 2005. Written Answers 1368

[Mr. Connolly.] tinue to receive funding have a specific focus on for his decision to withdraw funding for the Com- matters such as Travellers, unemployment, refu- munity Workers Co-operative; if he intends to gees and rural disadvantage. In my opinion, the restore funding at a later stage; and if he will Community Workers Co-operative is the voice of make a statement on the matter. [22708/05] community workers rather than of disadvantaged communities and overlaps with the functions of Minister of State at the Department of Com- other networks. As such, it fails to meet a number munity, Rural and Gaeltacht Affairs (Mr. N. Ahern): I have comprehensively addressed the of the key criteria suggested by the White Paper issues raised in the Deputy’s question in this on supporting voluntary activity. These include a House on a number of occasions. In order to membership base which ensures that the voice of assist him, however, I will again explain my disadvantaged marginalised groups will find position. expression in relevant national fora and the Funding of anti-poverty networks arises from requirement that individual networks should be the White Paper on a Framework for Supporting genuinely representative and avoid unnecessary Voluntary Activity and was originally adminis- overlaps vis-a-vis each other. tered by the Combat Poverty Agency on a three- The work of the Community Workers Co- year contract basis. This function transferred to operative does not focus on, or represent the my Department from that agency in late 2003. My voice of, any identifiable disadvantaged group. Department sought work plans for 2004 from Rather, much of its work would appear to parallel each of the ten national anti-poverty networks measures separately funded by my Department. funded under the White Paper and, pending There is already a well-developed structure in review, agreed to extend funding for 2004 on a existence providing supports to the sector. For one-year contract basis. example, my Department will spend \2.3 million As I stated in the Adjournment Debate on this in 2005 on six regional support agencies in sup- issue on 26 January, my Department was estab- port of community support projects. In addition, lished by Government in June 2002 with a man- my Department funds 38 partnership companies date to produce a more co-ordinated engagement at a cost of \45.7 million, 185 community by the State with communities throughout the development projects, costing \20.1 million, and country as they pursue their own development. In 32 community partnerships. Under the White establishing my Department, it is clear that the Paper on a Framework for Supporting Voluntary Government was placing a focus on communities, Activity, 66 networks and federations, including particularly those that are vulnerable or under the national anti-poverty networks, are supported threat. In such instances, the provision of support to the tune of \4.2 million. to enable communities to identify and address Since the decision was communicated on 17 problems in their own areas is seen as the best December 2004, my Department has facilitated way forward. the Community Workers Co-operative by holding Those communities may be in rural or inner a series of separate meetings. These included city settings, grappling with difficulties caused by meetings with senior officials of the Department a range of factors, including declining popu- on 11 January 2005, with me, as the responsible lations, unemployment, language issues, social Minister of State, on 19 January 2005 and with disadvantage or drug misuse. While most such the Secretary General and Minister for Com- communities, or groups of communities, can be munity, Rural and Gaeltacht Affairs, Deputy O´ defined in terms of geographic location, others Cuı´v, on 9 March 2005. I am fully satisfied that will be defined on the basis of a common focus the co-operative has been afforded the oppor- on a particular issue, such as unemployment, dis- tunity to exhaustively appeal the decision at min- ability, lone parenting and so on. isterial and senior administrative level. My Department’s commitment, in the context of the national anti-poverty networks, is to focus Offshore Islands. on concentrating available resources on support for communities experiencing disadvantage, 292. Mr. J. O’Keeffe asked the Minister for exclusion and isolation. In line with this commit- Community, Rural and Gaeltacht Affairs the ment, I decided to continue funding for nine anti- position relating to funding for Sherkin Island poverty networks to the tune of \1.35 million for development society. [23061/05] 2005. This represents a 5% increase over 2004 for 293. Mr. J. O’Keeffe asked the Minister for the networks concerned. As I have previously Community, Rural and Gaeltacht Affairs if he indicated, however, in the context of the focusing has put in place the appropriate structures to of my Department’s resources on disadvantaged provide support for development projects of communities, I believe that continued funding of Sherkin Island as indicated in the reply to a the Community Workers Co-operative could not parliamentary question of 14 December 2004; and be justified. if he will make a statement on the matter. The co-operative differs from the other groups [23062/05] funded under the national anti-poverty networks in that they deal, in the main, with specific target Minister of State at the Department of Com- groups. The anti-poverty networks that will con- munity, Rural and Gaeltacht Affairs (Mr. N. 1369 Questions— 29 June 2005. Written Answers 1370

Ahern): I propose to take Question Nos. 292 and if he will make a statement on the matter. 293 together. [23135/05] The position regarding funding for the Sherkin Minister for Community, Rural and Gaeltacht Island Development Society, SIDS, is as outlined Affairs (E´ amon O´ Cuı´v): While the cases were to the Deputy in my response to Parliamentary not referred to by the Deputy, it would appear Questions Nos. 47 and 58 of 14 December 2004. that the question relates to the decision of the Following the decision to discontinue funding to High Court in Vincent Browne v. the Attorney the SIDS, my Department made contact with the General and the Supreme Court in Thomas West Cork Arts Centre and made arrangements Kennedy v. the Attorney General and the Mini- to financially support, for a period of one year, ster for Communications, Marine and Natural an arts and culture programme on Sherkin Island, Resources. The Supreme Court decided that an the administration of which had previously been EU regulation can only be transposed by regu- supported through the SIDS. In addition, in sup- lations under a provision of an Act of the port of development projects on Sherkin Island, Oireachtas which specifically allows for the trans- my Department is currently examining options to position of an EU regulation. I understand that have the needs of Sherkin Island met through one the Attorney General will shortly be advising the of the existing agencies operating in the region. Government on action to be taken to address the issues raised in these cases. I have not made any Inland Waterways. ministerial orders having the effect of creating an 294. Ms Enright asked the Minister for Com- indictable offence. munity, Rural and Gaeltacht Affairs if his Community Development. Department, together with Waterways Ireland, has considered implementing a catch and release 296. Mr. Durkan asked the Minister for Com- fishing policy in the Grand Canal and if he has munity, Rural and Gaeltacht Affairs if he will received any reports of netting and night-lining consider applications from community and rec- on the canal; the level of inspection carried out; reational groups involved in the provision of com- and if he will make a statement on the matter. munity, cultural and recreational activities [23063/05] throughout the country; and if he will make a statement on the matter. [23200/05] Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): Waterways Ireland, 304. Mr. Durkan asked the Minister for Com- which my Department co-sponsors, is a North- munity, Rural and Gaeltacht Affairs the extent South implementation body established under the to which he can offer financial assistance to local British-Irish Agreement Act 1999. It has community groups offering recreational activities, responsibility for the management, maintenance youth or other services in their immediate com- and development of inland waterways, including munity; and if he will make a statement on the the Grand Canal, principally for recreational matter. [23208/05] purposes. 305. Mr. Durkan asked the Minister for Com- Waterways Ireland has informed me that there munity, Rural and Gaeltacht Affairs the extent has historically been no requirement to introduce to which he can offer financial assistance to local a formal catch and release fishing policy on the community groups offering recreational activities, canals because of a tradition among anglers to youth or other services in their immediate com- release coarse fish alive. Waterways Ireland sup- munity in County Kildare; and if he will make a ports this tradition and has erected signage along statement on the matter. [23209/05] the canals to that effect. 306. Mr. Durkan asked the Minister for Com- Inspections relating to the matters referred to munity, Rural and Gaeltacht Affairs if he will by the Deputy are a matter for the Central Fish- consider applications from community and rec- eries Board, CFB. However, Waterways Ireland reational groups involved in the provision of com- understands that the CFB has received a number munity, cultural and recreational activities of reports of netting and night-lining on the throughout County Kildare; and if he will make Grand Canal in recent times and, in that context, a statement on the matter. [23210/05] has carried out two inspections along the Grand Canal in the past fortnight. Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): I propose to take Ques- EC Regulations. tion Nos. 296 and 304 to 306, inclusive, together. My Department funds a wide range of prog- 295. Mr. Naughten asked the Minister for Com- rammes, including measures in support of community, Rural and Gaeltacht Affairs the steps he munities — both urban and rural — has taken to ensure that his Department complies disadvantaged youth and the Irish language. Full with the decisions of the High Court of 6 March details regarding such programmes are available 2002 and of the Supreme Court of 16 July 2003 on the Department’s website at www.pobail.ie. that any Ministerial order having the effect of Applications in respect of any of the matters creating an indictable offence is ultra vires; if this mentioned by the Deputy, as applicable either decision has been upheld by his Department; and nationally or in County Kildare, would fall for 1371 Questions— 29 June 2005. Written Answers 1372

´ ´ [Eamon O Cuı´v.] Dormant Accounts Fund. consideration within the framework of criteria for 299. Mr. Durkan asked the Minister for Com- such programmes. I would be happy to provide munity, Rural and Gaeltacht Affairs if he can the Deputy with additional information on any offer assistance from the dormant account fund specific programme which he feels may be of particular relevance. to groups offering rehabilitation or assistance in the fight against drugs; and if he will make a state- 297. Mr. Durkan asked the Minister for Com- ment on the matter. [23203/05] munity, Rural and Gaeltacht Affairs if he intends to apply the CLA´ R programme to a wider group Minister of State at the Department of Com- of projects in the country at large; and if he will munity, Rural and Gaeltacht Affairs (Mr. N. make a statement on the matter. [23201/05] Ahern): Decisions on the disbursement of funds from dormant accounts monies are currently a 303. Mr. Durkan asked the Minister for Com- matter for the Dormant Accounts Fund Dis- munity, Rural and Gaeltacht Affairs if he intends bursements Board, an independent body estab- to apply the CLA´ R programme to a wider group lished under the Dormant Accounts Acts. Dis- of projects in County Kildare; and if he will make bursements from the fund are designed to assist a statement on the matter. [23207/05] three broad categories of persons, namely, those who are socially or economically disadvantaged, Minister for Community, Rural and Gaeltacht those who are educationally disadvantaged and Affairs (E´ amon O´ Cuı´v): I propose to take Ques- persons with a disability. Allocations made by the tion Nos. 297 and 303 together. board must be in accordance with its disburse- I take it that the Deputy is asking if I propose ment plan which was approved by me in to expand the CLA´ R areas. There are no plans September 2003. Under the plan, the bulk of dor- at this time for any further review of the bound- mant accounts funding is initially being targeted ary of CLA´ R areas. I also confirm that no other at those areas designated as most disadvantaged, significant areas fulfil the population criteria for that is RAPID, CLA´ R and drugs task force areas. ´ inclusion in CLAR and I have examined this The board engaged Area Development Man- issue thoroughly. agement Limited to administer this initial round The criteria for inclusion are that the area suf- of funding on its behalf, which involves the dis- fers an average population loss of 50% and has bursement of up to \60 million from the fund. an aggregate population of over 4,000. No parts The board has, to date, approved 482 projects for ´ of County Kildare are included in the CLAR funding totalling approximately \56.2 million, programme as they do not meet the criteria for from the initial allocation of \60 million. In the ´ selection, either with the original CLAR areas or region of \17 million of this approved amount is the revised areas following the analysis of the in respect of proposals within drugs task force 2002 population census data. areas, of which \2.3 million is specifically for projects to provide assistance in the fight against Planning Issues. drugs. 298. Mr. Durkan asked the Minister for Com- munity, Rural and Gaeltacht Affairs if his pre- Designated Areas. viously expressed views in respect of rural 300. Mr. Durkan asked the Minister for Com- depopulation and the right to the rural popu- munity, Rural and Gaeltacht Affairs the extent to lation to live in their native place have been which he might expand on the original thinking adequately addressed through the revised guide- in respect of entitlements under the RAPID lines issued to the planning authorities in Kildare programme; and if he will make a statement on County Council; and if he will make a statement the matter. [23204/05] on the matter. [23202/05] Minister for Community, Rural and Gaeltacht 302. Mr. Durkan asked the Minister for Com- Affairs (E´ amon O´ Cuı´v): I refer the Deputy to munity, Rural and Gaeltacht Affairs if his pre- my reply to Parliamentary Question No. 121 on viously expressed views in respect of rural 19 May 2005. depopulation and the right to the rural population to live in their native place have been adequately addressed through the revised guide- Question No. 301 answered with Question lines issued to the planning authorities; and if he No. 16. will make a statement on the matter. [23206/05] Question No. 302 answered with Question Minister for Community, Rural and Gaeltacht No. 298. Affairs (E´ amon O´ Cuı´v): I propose to take Ques- tions Nos. 298 and 302 together. Question No. 303 answered with Question I refer the Deputy to my replies to Parliamen- No. 297. tary Question No. 115 of 19 May 2005 and Parliamentary Questions Nos. 121 to 123, inclus- Questions Nos. 304 to 306, inclusive, answered ive, of 14 April 2005. with Question No. 296. 1373 Questions— 29 June 2005. Written Answers 1374

Water and Sewerage Schemes. County Council has undertaken to carry out the required work by the end of August 2005. 307. Mr. Ferris asked the Minister for Com- munity, Rural and Gaeltacht Affairs if he will address the anomaly that exists whereby many Electricity Generation. applications for CLA´ R funding for group water 309. Mr. Naughten asked the Minister for Com- schemes have been rendered ineligible due to the munity, Rural and Gaeltacht Affairs the action restrictive condition that ancillary costs, that is, he is taking to roll out three-phase electricity; and road repairs, site supervision, insurance and so on if he will make a statement on the matter. must not exceed 25%. [23290/05] [23469/05] Minister for Community, Rural and Gaeltacht Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): No application for the Affairs (E´ amon O´ Cuı´v): I refer the Deputy to CLA´ R group water top-up scheme has been my reply to Parliamentary Question No. 24 of 19 rendered ineligible because of ancillary costs. The May 2005. situation is that my Department will only give a grant based on the contract price plus 25% Suckler Cow Quota. maximum extra for ancillary costs. It is a matter for the group whether it can pay the difference 310. Mr. Neville asked the Minister for Agri- between the grant and the actual cost of ancillary culture and Food if a suckler cow quota will be works if these are more than 25% of the con- made available to a person (details supplied) in tract price. County Limerick. [23087/05] Under the CLA´ R programme, a top-up, not Minister for Agriculture and Food (Mary exceeding \8,382 per house, is provided for group Coughlan): The single payment scheme was intro- water schemes in CLA´ R areas where the cost per duced in Ireland with effect from 1 January 2005 house exceeds \7,618 and where the local auth- and all quotas including suckler cow quotas have ority recommends that this is the most efficient been abolished since that date. The person way of providing water to these houses. named did not submit an application to the 2004 As part of the criteria for approval of CLA´ R suckler cow quota national reserve. funding, ancillary costs over the tender price, for The person named submitted an application for example, for road restoration, must be kept to a an allocation of entitlements from the single pay- minimum and must take into account the specifi- ment scheme national reserve under category B, cation for temporary restoration works to be car- which caters for farmers who, between 1 January ried out by the contractor. Only costs in respect 2000 and 19 October 2003, made an investment of actual damage done should be charged to the in production capacity in a farming sector for group and shall be less than 25% of the contrac- which a direct payment under livestock premia tor’s tender price. The aim is to ensure that the and/or arable aid schemes would have been pay- ´ CLAR funding is properly targeted at the pro- able during the reference period 2000 to 2002. vision of water. The person named applied to the reserve on I understand that the national rural water the basis that he purchased land. He was, there- monitoring committee has asked for a review of fore, obliged to submit with his national reserve the road restoration costs associated with group application, a copy of the deed of transfer in water schemes. I am awaiting the results of this respect of the land he purchased. He stated in his review. letter, which accompanied his application, that he would send proof of the purchase of the holding Community Development. as soon as possible. There is no record in my 308. Ms Burton asked the Minister for Com- Department of the deed of transfer having been munity, Rural and Gaeltacht Affairs if his atten- received. tion has been drawn to the fact that no further In excess of 17,300 applications have been progress has been made in rectifying the damage received under the national reserve at my caused by the attempt to develop playscapes on Department’s office in Castlebar and are being public open space at Ladyswell and Parlickstown, processed at present. In view of the number of following the receipt of funding from his Depart- applications received and the documentation sub- ment; if his attention has further been drawn to mitted, it will be some time before a decision is the fact that these works continue to be an eye- reached on whether the person named is entitled sore, a damage to children and a focus for anti- to an allocation from the reserve. However, a social behaviour; and the inquiries he has made decision on his case cannot be made until such following earlier parliamentary questions on the time as he submits the necessary documentation matter. [23330/05] to support his claim. Minister for Community, Rural and Gaeltacht Tuberculosis Incidence. Affairs (E´ amon O´ Cuı´v): I refer the Deputy to my reply to Parliamentary Question No. 220 of 311. Mr. Naughten asked the Minister for Agri- 11 May 2005. I have since been informed by the culture and Food the reason her Department has RAPID co-ordinator in Blanchardstown that, fol- a three-year restriction on the sale of cattle on lowing a public meeting with residents, Fingal the open market after being locked up and sub- 1375 Questions— 29 June 2005. Written Answers 1376

[Mr. Naughten.] Commission during the preparation of the defini- sequently cleared of tuberculosis; the source of tive proposals. On the day following the publi- this regulation; her plans to review it; and if she cation of the definitive proposals, I met with the will make a statement on the matter. [23046/05] Commissioner, during her visit to Ireland, to out- Minister for Agriculture and Food (Mary line my opposition to the proposals. Coughlan): As laid down in Annex A of Council Directive 64/432/EEC, as amended, the officially Direct Payment Schemes. tuberculosis-free status of a herd is suspended 313. Mr. Lowry asked the Minister for Agri- when an inconclusive reactor animal is disclosed culture and Food if she will review the case of in the herd and remains suspended while the herd an individual (details supplied); the possibility of contains such animals of unresolved status. The providing an allocation to the individual from the directive provides a derogation which allows ani- national reserve; and if she will make a statement mals from such herds to be traded on the on the matter. [23048/05] domestic market provided they had no confirmed reactor animals for at least three years and pro- Minister for Agriculture and Food (Mary vided that no animals from the holding are Coughlan): The person named has been notified allowed to enter into intra-Community trade until that the circumstances outlined by him did not the status of any inconclusive reactors has been satisfy the criteria for force majeure-exceptional resolved. The directive also requires that if the circumstances under Article 40 of Council Regu- presence of disease is subsequently confirmed, all lation (EC) No.1782/2003. Following this animals leaving the holding since the time of the decision, the person named submitted an appeal last clear herd test must be traced and tested. to the independent single payment appeals com- The status of the inconclusive reactor(s) can be mittee on 1 June 2005. A full review of the cir- resolved by a further test after 42 days or by post cumstances of the case will be carried out by the mortem and laboratory examination. If this test independent single payment appeals committee is clear, the officially tuberculosis-free status can and the person named will be notified shortly of be restored and animals from the herd would the outcome. again be eligible for intra-Community trade pro- The person named also submitted an appli- vided the other conditions for export are fulfilled. cation for an allocation of entitlements from the All member states are obliged to comply with the single payment scheme national reserve under provisions of EU legislation. category C, which caters for farmers who, There is considerable research data to indicate between 1 January 2000 and 19 October 2003, that herds, which have experienced an outbreak sold their milk quota into the milk quota restruc- of confirmed TB in the past are more likely to turing scheme and converted their enterprise to a exhibit infection again in the succeeding number farming sector for which a direct payment under of years. This supports the advisability of the livestock premia and/or arable aid schemes would policy laid down in the directive. have been payable during the reference period 2000 to 2002. Sugar Beet Industry. In excess of 17,300 applications have been 312. Mr. Lowry asked the Minister for Agri- received under the national reserve at the culture and Food if she will report on the dis- Department’s office in Castlebar and are being cussions she had with the EU, its officials and the processed at present. In view of the number of Commissioner regarding the impact that the applications received and the documentation sub- leaked beet reforms would have on the Irish beet mitted, it will be some time before a decision is industry. [23047/05] reached on whether or not the person named is Minister for Agriculture and Food (Mary entitled to an allocation from the reserve. He will, Coughlan): A Commission communication on the of course, be notified of his eligibility or other- reform of the sugar regime was presented to the wise as soon as all applications are processed. Council of Ministers and the European Parlia- 314. Mr. Kehoe asked the Minister for Agri- ment on 14 July 2004 and was subsequently the culture and Food the reason the award of special subject of considerable debate within the Council beef premium 2004 for a person (details supplied) of Ministers and also at official level committees. in County Wexford was affected; if this person I also discussed the Commission communication can appeal this decision; and if she will make a with the new Commissioner when I met her bilat- statement on the matter. [23082/05] erally in Brussels on 20 December 2004. I outlined to her my concerns about the negative 315. Mr. Kehoe asked the Minister for Agri- impact it would have on the industry in Ireland culture and Food the reason the award of special in order to ensure that the Commission would be beef premium 2004 for a person (details supplied) aware of our interests during the formulation of in County Wexford was affected; if this person definitive proposals. Subsequently, officials of my can appeal this decision; and if she will make a Department had a bilateral meeting with the statement on the matter. [23083/05] 1377 Questions— 29 June 2005. Written Answers 1378

316. Mr. Kehoe asked the Minister for Agri- (details supplied) in County Limerick. culture and Food the reason the award of extens- [23086/05] ification premium 2004 for a person (details supplied) in County Wexford was affected; if this Minister for Agriculture and Food (Mary person can appeal this decision; and if she will Coughlan): The person named has been notified make a statement on the matter. [23084/05] that the circumstances outlined by him did not satisfy the criteria for force majeure-exceptional 317. Mr. Kehoe asked the Minister for Agri- circumstances under Article 40 of Council Regu- culture and Food the reason the award of slaugh- lation (EC) No.1782/2003. Following this ter premium 2004 for a person (details supplied) decision, the person named submitted an appeal in County Wexford was affected; if this person to the independent single payment appeals com- can appeal this decision; and if she will make a mittee on 1 June 2005. A full review of the cir- statement on the matter. [23085/05] cumstances of the case will be carried out by the independent single payment appeals committee Minister for Agriculture and Food (Mary and the person named will be notified shortly of Coughlan): I propose to take Questions Nos. 314 the outcome. to 317, inclusive, together. The person named also submitted an appli- The person named included a parcel of land on cation for an allocation of entitlements from the his 2004 area aid application that was also single payment scheme national reserve under claimed by another herd owner. Both applicants category C, which caters for farmers who, were contacted and, as the person named did not between 1 January 2000 and 19 October 2003, have entitlement to the land, a penalty of sold their milk quota into the milk quota restruc- between 3% and 20% was assigned to him and turing scheme and converted their enterprise to a the matter was resolved in favour of the other farming sector for which a direct payment under applicant. The 2004 area aid application for the livestock premia and/or arable aid schemes would person named was fully processed with a found have been payable during the reference period forage area of 13.21 hectares and an adjusted for- 2000 to 2002. age area, after penalty, of 9.03 hectares. In excess of 17,300 applications have been The person named submitted two applications, received under the national reserve at the in respect of a total of 26 animals, under the 2004 Department’s office in Castlebar and are being special beef premium scheme. The first appli- processed at present. In view of the number of cation, in respect of 16 animals, was received on applications received and the documentation sub- 8 March 2004 and the second application, in mitted, it will be some time before a decision is respect of ten animals, was received on 6 reached on whether the person named is entitled December 2004. to an allocation from the reserve. He will, of Following computer validation, ten of the ani- course, be notified of his eligibility or otherwise mals included on the first application were found as soon as all applications are processed. to be non-CMMS compliant in that they were not recorded, as required under the terms and con- 319. Mr. Neville asked the Minister for Agri- ditions of the scheme, as being in the herd of the culture and Food the position regarding his person named on the date of application. The decision in connection with the force majeure person named was advised in writing of these consideration of single farm payment for a person findings and also of the appropriate regulatory (details supplied) in County Limerick. penalty, namely, that the animals would not be [23088/05] paid premium and, due to the integrated of the bovine schemes, a reduction penalty would apply Minister for Agriculture and Food (Mary across all the bovine schemes, including the Coughlan): The person named, having been noti- slaughter premium scheme. The person named fied that the circumstances outlined by him did was advised of the right of appeal. To date, not satisfy the criteria for force majeure-excep- however, no such appeal has been received. tional circumstances under Article 40 of Council With regard to the extensification premium, Regulation (EC) No.1782/2003, submitted an the position is that, under EU regulations, the appeal to the independent single payment premium is only payable on animals that have appeals committee. Following a full examination already qualified for special beef premium and/or of the circumstances outlined in the appeal, the suckler cow premium on the holding in question. independent single payment appeals committee Since the person named does not qualify for pay- made a recommendation and a letter issued to ment of the 2004 special beef premium for the the person named on 27 June 2005. The findings reason stated above, he cannot be considered for of the appeals committee were that the original payment of 2004 extensification premium. decision taken by my Department should be upheld. 318. Mr. Neville asked the Minister for Agri- culture and Food the position regarding entitle- 320. Mr. Ring asked the Minister for Agri- ment from the 2005 national reserve for a person culture and Food the situation in respect of pay- 1379 Questions— 29 June 2005. Written Answers 1380

[Mr. Ring.] existing rules relating veterinary medicines. ment on three animals for a person (details These included in particular measures to require supplied) in County Mayo. [23089/05] veterinarians to issue prescriptions and also to provide for a wider availability at retail level of Minister for Agriculture and Food (Mary prescription only medicines, thus stimulating Coughlan): The person named submitted an competition and lowering costs. I would intend to application in respect of three animals under the include these proposals in the legislation referred 2004 special beef premium scheme on 5 October to above. 2004. As regards the points made in the letter relat- Following computer validation, it was found ing to the transposition of the EU directive and, that the three animals in question had been sold in particular, the provisions of the EU directive prior to the end of the regulatory two-month governing the prescription of veterinary medi- retention period. Under the terms and conditions cines, I should point out that the prescription only of the 2004 special beef premium scheme, it was rule for all veterinary medicines for food produc- appropriate that these animals be rejected, that is, ing animals was introduced by the EU and not they would not be paid premium and a reduction the Department of Agriculture and Food. My penalty would apply to the premium payments Department opposed this proposal in the dis- due in respect of the other bovine applications cussions at EU level and succeeded in securing lodged by the person named. In correspondence, an exemption mechanism in the directive which the person named acknowledged that special beef provides for certain categories of medicines to be premium could not be paid on the animals but exempted on the basis of criteria to be adopted argued that the proposed penalty should not be at EU level. Pending decisions on the criteria, applied. However, following consideration of the existing regimes can remain in place until case my Department agreed that the proposed January 2007. penalty, applicable to the other applications, My Department has made the case to the Com- would not apply because medical evidence was mission for many of the existing range of off-pre- supplied which confirmed that the person named scription medicines to be granted an exemption was ill at the time of the sale of the animals. and it would be premature to at this stage to con- In the written reply to an earlier question by sider an extension of the range of prescribers the Deputy on this case, it was inadvertently indi- until this issue is resolved. If successful, this cated that payment would issue in respect of would mean that farmers could continue to pur- those animals which were not kept for the reten- chase the relevant products from existing outlets. tion period. However, as the animals were not In the event of some or all of these products fail- retained for the entire two-month regulatory ing to qualify for an exemption, the decision on retention period, payment cannot issue. The whether interests other than veterinarians should discretion in a case such as this extends only to be permitted to supply prescribed veterinary the regulatory penalty provided for. In this case, medicines will be taken in consultation with the it was accepted, on the basis of the evidence pro- relevant authorities such as the Department of vided by the person named, that no penalty Health and Children, the Irish Medicines Board should be applied on the other animals claimed. and the FSAI. My Department will, of course, follow Government policy on competition and Veterinary Regulations. will endeavour to ensure effective competition having regard to animal and human health con- 321. Mr. Naughten asked the Minister for Agri- siderations and the requirements of the EU culture and Food the main points made to her in directive. a recent letter by the Competition Authority in respect of proposed veterinary medicine regu- With regard to the comments in the letter lations; her views on the points made by the auth- about its proposals “strengthening the close ority; and if she will make a statement on the relationship which veterinarians and farmers typi- matter. [23090/05] cally enjoy”, I would not characterise our approach in this way. What has been proposed is Minister for Agriculture and Food (Mary a reformulation of how prescribing rules would Coughlan): In my reply to Parliamentary Ques- operate by removing some of the rigidities in the tion No. 535 of 28 June, I outlined my general 1996 regulations so that farmers will not be bur- views on the points raised by the Competition dened with the expense of repeated visits by their Authority in its recent letter to my Department. veterinary practitioners. As regards the profit With regard to the specific points raised in the earning potential of vets as sellers of medicines, letter from the Competition Authority, I fully stated Department policy is to achieve a broaden- accept the need to promote competition in all sec- ing of the range of retail supply outlets and we tors of the economy. In this regard, my Depart- have proposed that the licensed merchant cate- ment proposed certain amendments some time gory should for the first time be enabled to sell ago as part of a reform of the existing national prescription only medicines, with certain excep- arrangements and, in particular, to improve the tions, on foot of a veterinary prescription. 1381 Questions— 29 June 2005. Written Answers 1382

Having regard to the overall thrust of my grant aid is available for those with under 20 live- Department’s proposals, which is to make the stock units; and if she will make a statement on prescribing regime more workable and to the matter. [23091/05] broaden the range of sales outlets, I find it diffi- Minister for Agriculture and Food (Mary cult to see how our proposals will, as suggested in Coughlan): It is not envisaged that, in the short the letter, lead to “reduced choice and increased term, there will be any significant change in the costs” for farmers and others. With regard to the number of personnel employed at inspector level distinction drawn in the letter between prevent- in DLOs as the change will demand the introduc- ative and therapeutic products, we have to keep tion of a new inspection system, with more inte- in mind that, from a public health perspective, the grated inspections. The regulations require that distinction is somewhat meaningless because both 5% of all applicants must to be inspected in carry risks if not properly used. respect of the eligibility of the land declaration My Department is aware of the proposals from under the single payments scheme. Furthermore, the UK veterinary medicines directorate and will, it is necessary to check at least 1% of applicants of course, monitor developments there. I should under most of the cross-compliance measures, point out, however, that the proposed UK model with the exception of cattle identification and is not being followed in other member states. registration, where at least 5% of producers must With regard to prescriptions, my Department be inspected. has already indicated its intention to require vet- In order to minimise the level of disruption to erinary practitioners to issue written prescriptions farming, it has been decided to integrate inspec- and to show the cost of medicines separately from tions to the maximum extent possible. On this the cost of professional services. This will enable basis my Department estimates that, in all, fewer clients to better judge the value for money they than 10,000 farmers will be visited. This rep- are getting from various suppliers and to shop resents more than a 50% reduction in the number around for best value. of inspections when compared to the old coupled On the question of the particular product to be regime. The number of personnel required to prescribed, my Department’s approach is that the deliver the inspection programme will be kept lowest cost product should be indicated consist- under review. ent with the needs of the particular animal. My Department has engaged in detailed dis- Under the licensing regime implemented by the cussions with the farming organisations in the IMB, each medicine is allocated a VPA, veterin- context of a new charter of rights which, inter alia, ary product authorisation, and we would not have addresses the arrangements for or from inspec- a difficulty with prescriptions being issued on this tions and these discussions are now coming to basis. However, there would be concerns about fruition. prescribing only an active ingredient, particularly in a situation where non-veterinarian pharmacists Tuberculosis Incidence. are permitted to fill such prescriptions. There could be serious issues relating to public health 323. Mr. Crawford asked the Minister for Agri- and responsibility if the wrong choice of product, culture and Food the number of herds under which either did not adequately treat the animal restriction with tuberculosis and brucellosis on a or indeed damaged or killed the animal, were to county basis, at January 2000 and at the present be supplied. time; if there has been further progress towards In conclusion, I should point out that the main and all-island disease programme; and if she will objective of the EU directive is to protect human make a statement on the matter. [23092/05] and animal health. In transposing the directive, Minister for Agriculture and Food (Mary my intention will be to provide for the highest Coughlan): The attached table sets out the standards of public and animal health protection number of herds under restriction on a county by in this complex area in a way which is workable county basis for bovine tuberculosis and bovine and which meets relevant EU requirements and brucellosis for the period requested. The figures underpins our export-orientated agriculture and show a considerable improvement in the national food industries. situation for both of these diseases since the beginning of 2000. Direct Payment Schemes. The substantial improvement in the disease 322. Mr. Crawford asked the Minister for Agri- situation is due to a number of factors, including culture and Food if, in view of the changeover to improved co-operation from all interested par- the single payment system, there will be any ties. I am confident that this progress can be change in the number for personnel employed at maintained into the future with the continued inspector level in DLOs; the percentage of farm- operation of the existing measures and the ers which can expect spot inspections; if farmers ongoing co-operation of farmers and all involved will be given time to rectify any problems they in the livestock industry. It will be necessary, may have, especially in view of the fact that no however, in the medium term to continue with 1383 Questions— 29 June 2005. Written Answers 1384

[Mary Coughlan.] an all-island disease programme is that the rel- the existing comprehensive control and eradi- evant authorities meet on an ongoing basis to dis- cation measures, which have brought about posi- cuss matters of mutual concern, including animal tive results in recent years in terms of reduced health issues. incidence of the disease. The position regarding

Bovine Tuberculosis Bovine Brucellosis

Herds Restricted on Herds Restricted on Herds Restricted on Herds Restricted on 1 January 2000 18/06/2005 1 January 2000 31/5/2005

Carlow 82 32 0 0 Cavan 339 112 4 5 Clare 276 98 27 1 Cork NE 259 140 39 8 Cork Central — 110 — 4 Cork SW 303 207 26 3 Donegal 133 80 0 0 Dublin/Wicklow 26 18 2 0 Galway 241 225 7 2 Kerry 214 54 34 13 Kildare 111 46 3 2 Kilkenny 171 161 3 1 Laois 86 82 10 0 Leitrim 101 60 0 0 Limerick 163 80 73 8 Longford 89 86 0 1 Louth 136 50 0 1 Mayo 171 69 10 1 Meath 393 178 8 5 Monaghan 332 90 6 0 Offaly 95 106 28 7 Roscommon 198 97 4 3 Sligo 131 73 0 1 Tipperary Sth 215 101 14 1 Tipperary Nth 179 128 78 10 Waterford 126 102 0 4 Westmeath 153 140 6 0 Wexford 183 135 0 3 Wicklow East 62 55 — — Wicklow West 41 18 — —

Totals 5,009 2,933 382 84

Direct Payment Schemes. received on 15 June 2005 and is currently under consideration. A full re-examination of the cir- 324. Mr. Connaughton asked the Minister for cumstances will be carried out and the person Agriculture and Food the position concerning an named will be notified shortly of the outcome. application under single payment force majeure in the name of a person (details supplied) in County EU Regulations. Galway; and if she will make a statement on the matter. [23093/05] 325. Mr. Naughten asked the Minister for Agri- culture and Food the steps she has taken to Minister for Agriculture and Food (Mary ensure that her Department complies with the Coughlan): The person named submitted an decisions of the High Court of 6 March 2002 and application for consideration of his circumstances of the Supreme Court of 16 July 2003 that any under the second tranche of the force majeure- Ministerial order having the effect of creating an exceptional circumstances measure of the single indictable offence is ultra vires; if this decision has payment scheme. been upheld by her Department; and if she will Ill health of his son was cited on the application make a statement on the matter. [23136/05] form as giving rise to the circumstances outlined. Minister for Agriculture and Food (Mary However, additional medical evidence was Coughlan): The parliamentary question refers to requested in support of the application. This was the decision of the High Court on 6 March 2002 1385 Questions— 29 June 2005. Written Answers 1386 and the Supreme Court decision of 16 July 2003, use of this feed additive and other matters, and while the name of the case was not included including the illegal movement of pigs from the in the parliamentary question it would appear farm. The herd owner has issued proceedings that the question refers to the decision in Vincent against the Department under two headings. Browne v. the Attorney General. The Supreme While there was no question of permitting the Court in this case decided that an EU regulation pigs to be slaughtered for human consumption, can only be transposed by regulations under a the Department wrote to the herd owner’s solici- provision of an Act of the Oireachtas which tors on 7 May 2002 explicitly stating its willing- specifically allows for the transposition of an EU ness to allow him to pursue the option of his mak- regulation. ing arrangements, acceptable to the Department, The parameters of the decision in the Browne with a dedicated plant for their slaughter. case were considered by the Supreme Court in However, he elected not to pursue this option. the subsequent case of Thomas Kennedy v. the Instead, he sought permission to slaughter the Attorney General and the Minister for pigs himself on his farm on welfare grounds. He Communications, Marine and Natural Resources. had discussed this approach with Department The Supreme Court, in its decision in that case veterinary inspectors and they are satisfied that of 31 May 2005, clarified the limits of its earlier he understood fully what would be involved and decision in the Browne case and decided that EU that he displayed both the competence and confi- policy can only be implemented by regulations dence to undertake the task. made under an Act of the Oireachtas where the During the five-day period, two veterinary Act specifically allows for the implementation of inspectors, including an animal welfare expert, EU policy by regulations. The Attorney General from the Department visited the farm on numer- will shortly be advising the Government on action ous occasions in order to assess the ongoing to be taken to address the issues raised in these slaughter operation. At no stage during the cases. slaughter process did the herd owner express concerns or disquiet on animal welfare grounds in Animal Welfare. respect of the slaughter method or seek to sus- 326. Mr. Naughten asked the Minister for Agri- pend operations on grounds of professed animal culture and Food further to Parliamentary Ques- welfare concerns. A non-veterinary official of the tion No. 162 of 23 June 2005 if she has received Department, whose primary function was ensur- a copy of the video in question and if so when; if ing proper disposal of the carcases — that is, to she has viewed the video; the steps she intends to ensure they did not enter the human food chain take on foot of this video; if she believes that it — was present on the farm during the five-day is acceptable that any official in her department period in question. should witness such a process without expressing The circumstances in this case were highly any concerns or disquiet on animal welfare unusual. On-farm slaughter of animals in any grounds; and if she will make a statement on the number is an exception rather than a rule and matter. [23305/05] occurs only in extreme circumstances — for example, the FMD outbreak in Cooley — where Minister for Agriculture and Food (Mary it is not possible to move the animals to a dedi- Coughlan): I have not received a copy of the cated slaughter plant or where there are compel- video in question, which my Department ling reasons, such as fear of disease spread, for requested from the journalist concerned on 17 not attempting to so do. In this particular case, June. As soon as it has been furnished, it will be the herd owner had decided to slaughter his ani- viewed and immediate consideration will be given mals on-farm and the Department considered at to what action if any might be taken in relation the time that it could not legally have forced him to its content. to have the operation conducted in a slaughter As I explained in my reply to Question No. 162 plant. on 23 June, this event occurred during July 2002, The approach which the Department generally almost three years ago, and involved the slaugh- employs in circumstances in which it proves ter on-farm by the herd owner of some 4,000 pigs necessary to have numbers of animals slaugh- over a five-day period. The slaughter occurred tered — for example, cattle where BSE is following the discovery by Department veterinary detected — is to have slaughter carried out at a inspectors of quantities of Carbadox on the farm, dedicated slaughter plant. an admission by the herd owner that he had spread the substance on the floors of pig pens and Direct Payment Schemes. the prohibition by the Department of the move- 327. Mr. Naughten asked the Minister for Agri- ment of any animals from this herd, except under culture and Food the value on a county basis of specific licence from the Department, in the the outstanding moneys under the SBP; the period preceding slaughter in order to protect number of herd owners involved in each county; public health. Carbadox is a carcinogen, cancer- and if she will make a statement on the causing substance, which is banned by the EU matter. [23306/05] and deemed to be unsafe at any level. Pros- ecutions have since been issued against the herd Minister for Agriculture and Food (Mary owner, alleging a range of offences relating to the Coughlan): Work is ongoing on the processing of 1387 Questions— 29 June 2005. Written Answers 1388

[Mary Coughlan.] ing each application the producer must ensure he applications lodged under the 2004 special beef or she is claiming premium on eligible animals premium scheme, with a view to establishing only, by checking that when lodging the appli- definitively the extent of the quota overshoot at cation form, each animal submitted for premium, an early date. This involves computer processing is correctly recorded on the CMMS database”. and, where errors or inconsistencies are high- My Department is not aware of the special cir- lighted in such validation, those cases require cumstances of the applicant mentioned by the individual attention. Given the volumes of appli- Deputy. If the herd owner submits details of the cations involved, it will, therefore, take further particular circumstances in question my Depart- time to establish the definitive level of quota ment will, of course, review this case. overshoot because ineligible animals and animals applied on in excess of each applicant’s stocking Sugar Beet Industry. density limit of 1.8 livestock units per hectare will 329. Mr. Timmins asked the Minister for Agri- have to be excluded from the overshoot calcu- culture and Food the assistance she proposes to lation. All farmers with query and rejected ani- give to beet growers in the Carlow and Wicklow mals will have to be written to by my Department area; and if she will make a statement on the and given an opportunity to submit observations matter. [23444/05] before a final decision in their cases. Minister for Agriculture and Food (Mary It is not possible, therefore, at this stage to put Coughlan): Arrangements for the transport of a value on residual payments due under the 2004 sugar beet to the Mallow factory is a commercial special beef premium scheme in advance of the matter for Irish Sugar Limited. I remain confident definitive position being established regarding the that the company will be able to work out satis- extent to which the national quota has been factory transport arrangements to cope with the exceeded. one-factory situation in Mallow. 328. Mr. Neville asked the Minister for Agri- Direct Payment Schemes. culture and Food if she will reconsider the payment of a bull premium applied for on 4 Nov- 330. Mr. Naughten asked the Minister for Agri- ember 2005 in view of the special circumstances culture and Food the number of applications sub- of a person (details supplied) in County mitted under each category for the national Limerick. [23307/05] reserve single farm payment scheme; when she intends to inform applicants of the decision on Minister for Agriculture and Food (Mary their application; and if she will make a statement Coughlan): The herd owner applied for four ani- on the matter. [23457/05] mals under the special beef premium scheme on Minister for Agriculture and Food (Mary 4 November 2004. On 8 December 2004, he Coughlan): In excess of 17,300 applications have received a letter with his cards, informing him been received under the national reserve at my that there was no record of these animals on the Department’s office in Castlebar. A breakdown CMMS database. On 15 April 2005 a letter issued of these applications under each category is to the herd owner stating that the animals in shown in the attached table. I should point out question were being rejected because they were that since some farmers applied under more than not updated to the CMMS database at the time one category some 23,000 files have to be exam- of application. On 16 June 2005, another letter ined. All applications are being processed at issued to the named person confirming that the present with a view to notifying all applicants of animals had been rejected. their eligibility or otherwise before payments Paragraph 11 of the terms and conditions of the under the single payment scheme commence to 2004 special beef premium states “when complet- issue in December 2005.

2005 single payment scheme national reserve.

Category Number of Applications

A — Land Leased out during Ref Period 2,115 B (i) — Investment — Land 4,970 B (ii) — Investment Suckler Quota Purchased 6,252 B (iii) — Ewe Quota Purchased 774 B (iv) — Other Investment 2,804 C — Dairy Premium 3,147 D — New Entrants 2,748

Total Applications Recorded 17,376*

Total Number of Applications received in Castlebar 17,376 *Some applicants have applied under more than one category and, because of this, a total of 22,810 file examinations will have to be made. 1389 Questions— 29 June 2005. Written Answers 1390

Farm Safety. Crime Levels. 331. Mr. Naughten asked the Minister for Agri- 333. Mr. Neville asked the Minister for Justice, culture and Food the figures for the moneys allo- Equality and Law Reform the number of indict- cated to fund farm safety awareness campaigns able crimes in 2004. [23098/05] from 1997 to date; and if she will make a state- Minister for Justice, Equality and Law Reform ment on the matter. [23492/05] (Mr. McDowell): As regards crime figures, the Minister for Agriculture and Food (Mary Deputy will be aware that on becoming Minister Coughlan): Farm safety awareness campaigns are for Justice, Equality and Law Reform, I arranged not funded by my Department. Funding for the for the publication of headline crime statistics on Health and Safety Authority, HSA — the State a quarterly basis in order to improve the quality agency with responsibility for the administration of information available to the public. While cau- and enforcement of health and safety at work — tion should be exercised in interpreting levels of is from the Department of Enterprise Trade and crime between quarters, I am pleased to note that Employment, the parent Department of that during my term of office as Minister, the quar- authority. terly crime rate has decreased from 6.7 per 1,000 My Department is a member of the farm safety population to six per 1,000 over the longer period partnership committee and will be represented at of 11 quarters for which figures are available. the National Seminar on Occupational Health This trend is reflected throughout most Garda and Safety in Agriculture, which has been organ- districts in the country. In interpreting these fig- ised in association with the committee, next ures, account has also to be taken of the introduc- month. This seminar is a further example of the tion of the new PULSE computer system by the proactive approach of the HSA to farm safety, an Garda Sı´ocha´na in 1999, which led to more com- approach which I will continue to support, as I plete and comprehensive recording of crimes did most recently when I launched the farm reported than was previously the case. The safety week. Deputy will also wish to be aware that, taking into account the significant increase in our popu- Firearms Licences. lation since 1995, the headline crime rate has fallen from 29 per 1,000 population in 1995 to 25 332. Mr. Stagg asked the Minister for Justice, per 1,000 population in 2004. Equality and Law Reform if it is possible for any I have been informed by the Garda authorities Minister to state the exact number of firearms that there were 98,964 headline offences recorded licences that were issued by the State in the years in 2004. It is important to note that the figures 2000 to 2004, inclusive, under section 22(9) of the provided for 2004 are provisional and are, there- Wildlife Act 1976; the reason there is difficulty fore, subject to validation and change. accessing the information; and if he will make a 334. Mr. Neville asked the Minister for Justice, statement on the matter. [23323/05] Equality and Law Reform the number of deaths Minister for Justice, Equality and Law Reform due to homicide registered in 2004; and the (Mr. McDowell): Section 22(9) provides that the number of gender. [23099/05] Minister for the Environment, Heritage and Local Government may grant a licence to a per- Minister for Justice, Equality and Law Reform son to hunt, capture or humanely kill a protected (Mr. McDowell): I have been informed by the wild bird of a species specified in the licence. Garda authorities that there were 37 murders In so far as the granting of licences for hunting recorded in 2004, 31 males and six females. In is concerned, I presume the Deputy’s question addition, there were eight manslaughters refers to section 29 of the Wildlife Act 1976, as recorded in 2004, six males and two females. The amended, which provides for the granting of figures provided for 2004 are provisional and are, licences to hunt exempted wild mammals and therefore, subject to change. protected birds. Records relating to such licences were not fully Visa Applications. computerised until 2003 and the attached table 335. Mr. O’Dowd asked the Minister for outlines the figures for firearm certificates with Justice, Equality and Law Reform if a visa will be endorsement under section 29 of the Wildlife Act granted to a person (details supplied); and if he in those years. Firearms certificates, as the will make a statement on the matter. [23100/05] Deputy is aware, are granted annually and the Minister for Justice, Equality and Law Reform number of firearm certificates endorsed in 2000, (Mr. McDowell): This application was approved 2001, and 2002 would be of a similar order to on appeal on 23 June 2005. The applicant will be those in 2003 and 2004. notified of the decision as soon as possible.

2003 2004 EU Regulations.

Firearm certificates with 336. Mr. Naughten asked the Minister for endorsement 95,108 98,841 Justice, Equality and Law Reform the steps he has taken to ensure that his Department complies 1391 Questions— 29 June 2005. Written Answers 1392

[Mr. Naughten.] and if he will make a statement on the matter. with the decisions of the High Court of 6 March [23176/05] 2002 and of the Supreme Court of 16 July 2003 that any ministerial order having the effect of Minister for Justice, Equality and Law Reform creating an indictable offence is ultra vires; if this (Mr. McDowell): As I outlined to the Deputy on decision has been upheld by his Department; and 14 June 2005, the function of the joint policing if he will make a statement on the matter. committees, as set out in the Garda Sı´ocha´na Bill, [23137/05] is to serve as a forum for consultations, discussions and recommendations on matters affect- Minister for Justice, Equality and Law Reform ing the policing of the local authority’s adminis- (Mr. McDowell): The Office of the Attorney trative area. In particular, the committees will General is always consulted by my Department keep under review levels and patterns of crime, in the context of preparation of legislation or disorder and anti-social behaviour and the factors indeed in assessing whether legislation is underlying them, advise the local authority con- required. Advice is also sought and provided in cerned and the Commissioner, hold public meet- relation to the terms of EU and international ings and establish as necessary local policing fora. agreements, framework decisions and bilateral The Bill also provides for the issuing of guidelines agreements in relation to mutual assistance. In so concerning the establishment and maintenance of far as this particular case is concerned, I under- the committees. These guidelines may include stand that the Attorney General will shortly be provision for the appointment to the committees advising the Government on the action to be of persons representing local community taken to address the issues raised in this and a interests. more recent related case. Work has commenced on the drafting of guidelines with a view to enabling early implemen- Liquor Licensing Laws. tation of these provisions of the Bill, when 337. Mr. Kehoe asked the Minister for Justice, enacted, to proceed. As already stated, as part of Equality and Law Reform his plans to change the work on drafting the guidelines for the joint licensing laws in respect of to off-licences; and if policing committees, careful consideration is he will make a statement on the matter. being given to the role that can be played by com- [23174/05] munity and voluntary organisations such as community alert. Minister for Justice, Equality and Law Reform (Mr. McDowell): I refer the Deputy to my reply Peace Commissioners. to Parliamentary Question No. 505 on Tuesday, 340. Mr. Haughey asked the Minister for 21 June 2005. Justice, Equality and Law Reform if he has ceased appointing peace commissioners in the Garda Personnel. Dublin area; the issues to be considered in this 338. Mr. Kehoe asked the Minister for Justice, regard; and if he will make a statement on the Equality and Law Reform when the vacant posi- matter. [23177/05] tion of a garda will be filled (details supplied) in Minister for Justice, Equality and Law Reform County Wexford; the person currently filling the (Mr. McDowell): I am reviewing the possibility position; if there will be a full-time garda in place; of certain legislative amendments relating to the and if he will make a statement on the matter. appointment of peace commissioners. As is nor- [23175/05] mal practice with legislative proposals, my Minister for Justice, Equality and Law Reform officials have had consultations with the Office of (Mr. McDowell): I have been informed by the the Attorney General on the issue and I expect Garda authorities, which are responsible for the to be in a position to progress the matter in the detailed allocation of Garda resources, including near future. personnel, that a vacancy recently arose at Oulart Garda station as a result of the promotion of a Deportation Orders. member attached to the station to the rank of 341. Mr. Gregory asked the Minister for sergeant. I am further informed that local garda Justice, Equality and Law Reform if a person management has identified a replacement, who is (details supplied) who has been resident here due to be transferred to Oulart Garda station since 2001 completed their leaving certificate shortly. here and who is now pursuing a masters degree, will be permitted to continue to remain here. Community Policing. [23178/05] 339. Mr. Perry asked the Minister for Justice, Minister for Justice, Equality and Law Reform Equality and Law Reform, further to Question (Mr. McDowell): I refer the Deputy to the reply No. 661 of 14 June 2005, if he will address the I made to Parliamentary Question No. 579 on issues raised in correspondence (details supplied); Tuesday, 14 June last about this case. The circum- 1393 Questions— 29 June 2005. Written Answers 1394 stances of the case were fully considered, includ- Gaming and Lotteries Acts 1956 to 1986 was caring representations made on behalf of the person ried out in 2000 by an interdepartmental group by the Refugee Legal Service, in arriving at the which made recommendations for legislative decision to make a deportation order. I will amendments in this area. Draft legislation is reconsider the matter in the light of the further under consideration in my Department to update representations made in this case and my decision key elements of the provisions relating to gaming. will be communicated directly to the person con- These new provisions will focus in particular on cerned in due course. the area of gaming stake and prize money limits.

Road Safety. Prison Drug Treatment Services. 342. Mr. J. O’Keeffe asked the Minister for 345. Mr. Kenny asked the Minister for Justice, Justice, Equality and Law Reform the position in Equality and Law Reform the measures which respect of the national roll out of speed cameras will be pursued within the prison system in the and the full implementation of the penalty points event of a prisoner testing positive for drug mis- system in view of the emergency situation where use, following the introduction of mandatory drug road traffic deaths are on the increase. testing; his views on whether adequate drug [23179/05] assessment, counselling and treatment services are available within the prison services here to Minister for Justice, Equality and Law Reform deal with anticipated increased numbers of (Mr. McDowell): A working group chaired by my inmates testing positive for drug misuse; and if he Department and consisting of representatives of will make a statement on the matter. [23182/05] the Garda Sı´ocha´na, the Department of Trans- port and the National Roads Authority has 361. Aengus O´ Snodaigh asked the Minister for reported to me and my colleague, the Minister Justice, Equality and Law Reform if he will com- for Transport, on how the provision, operation mit to undertake an independent scientific eval- and processing of the output of speed cameras uation of the proposed mandatory drug testing might operate. We expect to bring proposals to programme in prisons; if he will state when such Government shortly. an evaluation will take place; if the findings of The fixed charge processing system, FCPS, the such an evaluation will be made publicly avail- Garda IT system for processing fixed charge able; if he will commit to the ending the prog- notices for road traffic offences and the require- ramme should the evaluation show it to be failing ments for the penalty points system, is currently to meet its objectives; and if he will not commit operational in the Dublin metropolitan region, to such an independent evaluation to explain his Cork city and parts of Louth and Meath. The IT reasons. [23243/05] system will be extended nationwide in conjunc- 362. Aengus O´ Snodaigh asked the Minister for tion with the commencement of an outsourced Justice, Equality and Law Reform the anticipated payment collection service. This is planned for annual cost of his proposed mandatory drug test- autumn 2005. ing programme in prisons. [23244/05] ´ Identity Cards. 363. Aengus O Snodaigh asked the Minister for Justice, Equality and Law Reform to cite the evi- 343. Mr. J. O’Keeffe asked the Minister for dentiary basis substantiating his public statement Justice, Equality and Law Reform the position in on 22 June 2005 that most countries in the world respect of the issue of identity cards in view of use mandatory drug testing in prisons; and if he the latest developments in the UK; and if he will will provide a complete list of the countries to make a statement on the matter. [23180/05] which he was referring. [23245/05] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I have no proposals at present (Mr. McDowell): I propose to take Questions for the issuance of identity cards in this juris- Nos. 345 and 361 to 363, inclusive, together. diction. However, my Department is keeping As envisaged in the programme for Govern- developments in the UK in relation to this matter ment, the introduction of mandatory drug testing under consideration. will play an important role in supporting future policy on drug supply and demand reduction in Proposed Legislation. prisons. Prisoners accommodated in the open 344. Mr. J. O’Keeffe asked the Minister for centres at Shelton Abbey and Loughan House Justice, Equality and Law Reform when he pro- and in the designated drug free areas of the train- poses to revise and update the antiquated Gam- ing unit in the Mountjoy complex, St. Patrick’s ing and Lotteries Act 1956; and if he will make a Institution and Wheatfield Prison are already required to undergo frequent drug tests to con- statement on the matter. [23181/05] firm their drug-free status. Mandatory drug test- Minister for Justice, Equality and Law Reform ing will, however, operate across the entire (Mr. McDowell): An extensive review of the prison system. 1395 Questions— 29 June 2005. Written Answers 1396

[Mr. McDowell.] purposes of the evaluation, the patterns, levels Provision for mandatory drug testing, and the and types of drug use in prisons. penalties that may be imposed arising from a positive test, are set out in the draft new prison Asylum Applications. rules, which were published on my Department’s 346. Mr. Penrose asked the Minister for Justice, website on 22 June. The new rules will come into Equality and Law Reform if his Department has force in November of this year and will operate received an application for asylum by a person in conjunction with a new drugs policy for the (details supplied); if consideration will be given Irish Prison Service. The policy will facilitate con- to this person’s circumstances; and if he will make sistent regulation and operational structure in a statement on the matter. [23183/05] pursuing both supply and demand reduction and Minister for Justice, Equality and Law Reform will involve the implementation of further strin- (Mr. McDowell): As the Deputy will be aware, gent measures to prevent drugs from getting into applications for refugee status in the State are prisons. At the same time, it will lead to con- determined by an independent process compris- tinued investment in services within prisons to ing the Office of the Refugee Applications Com- reduce the demand for illicit drugs in the prisoner missioner, ORAC, and the Refugee Appeals Tri- population and meet prisoners’ treatment needs. bunal, RAT, which make recommendations to Developing and improving the therapeutic the Minister for Justice, Equality and Law resources available to meet the needs of drug mis- Reform on whether such status should be users within the prison system is an ongoing pro- granted. cess. The introduction of mandatory drug testing While it is not the practice to comment in detail will result in additional costs. The precise level of on individual asylum applications, I have been the costs involved will be dependent on a number informed that an interview has been scheduled by of factors and are currently being determined. ORAC for the applicant in question which is to Drug testing has been employed in many juris- take place shortly and that the applicant has been dictions, such as the UK, the US, Canada, New notified of the arrangements. Zealand and Australia, that have prison systems and drug problems comparable to those per- Departmental Records. taining in this country. The experience of these 347. Mr. Bruton asked the Minister for Justice, countries, and any lessons learnt, will inform the Equality and Law Reform his views on whether development of practice in our prisons. it will be possible to furnish a reply to Question The Irish Prison Service is committed under No. 372 of 31 May 2005 before the Daíl goes into the national drugs strategy 2001 to 2008 to com- recess. [23184/05] mission and carry out an independent evaluation Minister for Justice, Equality and Law Reform of the overall effectiveness of the prison service’s (Mr. McDowell): I refer to Question No. 372 and strategies in relation to drugs. This review, which have set out below the information requested in will be initiated in 2007, will cover all aspects of relation to sick leave in 2004 for the Irish Prison drug services in prisons including research on the Service, the probation and welfare service and the levels and routes of supply of drugs in prisons. Courts Service. I am still awaiting the information The introduction of mandatory drug testing will for the Garda Sıóchańa. When I receive it, I will play an important role in determining, for the forward it to the Deputy directly.

Division No. of man-days lost in Rate per Person % of total man-days lost sick leave

% Prison Service 75,268 23.88 6.5 Probation and Welfare Service 3,456.55 8.86 2.43 Court Service 7,564 7.73 2

I have given the percentage of total man days lost things, have given rise to unsustainable and instead of man hours lost as this is a more accur- unacceptable levels of overtime working. ate reflection. I am gravely concerned about the level of sick Garda Strength. leave in the Irish Prison Service which, as the figures provided indicate, is almost three times 348. Mr. Kehoe asked the Minister for Justice, greater than that in the probation and welfare Equality and Law Reform the number of gardaı´ service and more than three times greater than in the Enniscorthy, New Ross and Gorey stations; that in the Courts Service. These figures serve to the plans he has to increase the number in each underscore my absolute determination to reform station; the duties of each of the gardaı´; and if he and modernise work practices and procedures in will make a statement on the matter. [23185/05] the Irish Prison Service which, among other 1397 Questions— 29 June 2005. Written Answers 1398

Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been informed by the (Mr. McDowell): The Deputy may be aware that Garda authorities, who are responsible for the the group in question has been awarded staffing detailed allocation of resources, including person- grant assistance of \178,263 to date, under the nel, that the personnel strength — all ranks — of equal opportunities child care programme, Enniscorthy, New Ross and Gorey Garda stations EOCP, 2000-06. as at 28 June 2005 was as set out in the table I understand that an application for capital hereunder: grant assistance under the EOCP was submitted by this group to my Department in January 2004. Station Strength This application has been forwarded to Area Development Management Ltd., which is Enniscorthy 32 engaged by my Department to carry out detailed New Ross 32 assessments of all EOCP grant applications on Gorey 39 my behalf. Each application for funding undergoes a thorough assessment by ADM to I have been further informed by the Garda auth- ensure it meets the EOCP funding criteria. orities that all members of the Garda Sıóchańa, I understand from inquiries I have made that stationed in the above stations, are engaged in ADM has been in dialogue with the group normal policing duties. Garda authorities also recently regarding outstanding information on state that the situation will be kept under review the scale of the project, its costings and the child and when additional personnel next become care needs in the area. ADM is awaiting this available the needs of the Enniscorthy, New Ross additional information from the group in order to and Gorey Garda stations will be fully advance the assessment process. considered. When the assessment on the project in question In respect of Garda resources generally, I am is completed, the application will then be con- pleased that the Government has approved my sidered by the EOCP appraisal committee, proposal to increase the strength of the Garda chaired by my Department, before I make a final Sıóchańa to 14,000 members on a phased basis, in decision and the group will be informed of the line with the An Agreed Programme for Govern- outcome in due course. ment commitment in this regard. This is a key commitment in the programme for Government, Citizenship Applications. and its implementation will significantly 350. Mr. Durkan asked the Minister for Justice, strengthen the operational capacity of the force. Equality and Law Reform the position in the case The Commissioner will now be drawing up of persons (details supplied) in Dublin 6 who plans on how best to distribute and manage these have applied for permission to remain in the State additional resources. In this context, the needs of on the basis of parentage of an Irish born child; the stations referred to by the Deputy will be and if he will make a statement on the matter. fully considered in the context of the needs of [23213/05] Garda stations throughout the country. Clearly, the additional resources will be targeted at the Minister for Justice, Equality and Law Reform areas of greatest need, as is envisaged in the prog- (Mr. McDowell): Applications for permission to ramme for Government. The programme iden- remain in the State under the revised arrange- tifies in particular areas with a significant drugs ments announced by me on 15 January 2005 for problem and a large number of public order the processing of applications from the non- offences but it will be possible to address other national parents of Irish born children born priorities as well, such as the need to very signifi- before 1 January 2005 were received from the cantly increase the number of gardaı´ allocated to persons concerned on 11 February 2005. traffic duties as part of the new Garda traffic Some 18,000 applications for permission to corps. I have already promised that the additional remain were received under the revised arrange- gardaı´ will not be put on administrative duties. ments and more than 7,600 have been processed They will be put directly into frontline, oper- to date. Given the number of applications yet to ational, high-visibility policing. They will have a be processed, it will be some weeks before the processing of the applications from the persons real impact. concerned will be completed. Child Care Services. Registration of Title. 349. Mr. Lowry asked the Minister for Justice, 351. Mr. P. Breen asked the Minister for Equality and Law Reform if an application has Justice, Equality and Law Reform if the Land been received by his Department (details Registry Office has received queries from the sol- supplied); his views on the application; when the icitor of a person (details supplied) in County group will be informed of a decision; and if he Clare; if so, when the application will be pro- will make a statement on the matter. [23186/05] 1399 Questions— 29 June 2005. Written Answers 1400

[Mr. P. Breen.] Minister for Justice, Equality and Law Reform cessed; and if he will make a statement on the (Mr. McDowell): I refer the Deputy to my recent matter. [23233/05] answer to Question No. 173 on Thursday 12 May 2005. I am informed by the Registrar of Titles Minister for Justice, Equality and Law Reform that the position concerning the average waiting (Mr. McDowell): I am informed by the Registrar time for registration on a county basis has not of Titles that this is an application under section altered significantly since I answered that 49, that is, acquisition of title by virtue of long question. possession, under the Registration of Title Act 1964, which was lodged on 28 January, 2003. Garda Stations. Dealing No. D2003CR000781J refers. I understand that, due to their complicated nat- 355. Mr. Kenny asked the Minister for Justice, ure, applications under section 49, which require Equality and Law Reform further to Parliamen- detailed examination of claims for registration as tary Question No. 238 of 22 June 2005, the name owners, can take some time to process. Accord- and location of the Garda stations of the list of ingly, it is not possible to estimate a completion 703 referred to that require rebuilding, updating date at this stage. or replacement; if a list of priority buildings I am further informed that a number of queries exists; the position of Ballyvary, Castlebar on this issued to the lodging solicitors on 21 March 2005 list; if it is on current estimates of the spending of and that all but one have been dealt with. The \112 million before the end of 2007, if Ballyvary Land Registry Office is awaiting a reply to this Garda station will be included; and if he will outstanding query and the application cannot make a statement on the matter. [23237/05] proceed until it has been satisfactorily resolved. Minister for Justice, Equality and Law Reform However, I assure the Deputy that, on receipt of (Mr. McDowell): I assure the Deputy that all a satisfactory reply to the query raised, the matter Garda accommodation is continually under will receive further attention in the Land Registry review to ensure that it meets the operational and will be completed as soon as possible. requirements of the Garda Sı´ocha´na. Where it does not, then the required refurbishment or con- Court Proceedings. struction works are completed by the Office of 352. Mr. Kehoe asked the Minister for Justice, Public Works — which has responsibility for the Equality and Law Reform the number of cases vast majority of Garda properties — with all due which have been abandoned since 2003 in the urgency and in accordance with overall priorities Enniscorthy Garda district due to delays; and if within the Garda building programme and the he will make a statement on the matter. availability of financial and other resources. [23234/05] In that regard, significant funding is provided each year by the Office of Public Works for the 353. Mr. Kehoe asked the Minister for Justice, Garda capital building programme, with an esti- Equality and Law Reform the number of cases mated \10 million allocated in 2005 alone. As which have been abandoned since 2003 in the indicated in my previous reply, the board has Wexford Garda district due to warrants being out indicated that it plans to spend of the order of of date; and if he will make a statement on the \112 million before the end of 2007 on a wide matter. [23235/05] range of Garda projects including, for example, Minister for Justice, Equality and Law Reform major works in Ballymun, Ballyshannon, Clare- (Mr. McDowell): I propose to take Questions morris, and Ballina. This figure does not include Nos. 352 and 353 together. additional funding to provide new accommo- I am informed by the Garda authorities that dation requirements for the Garda college in there were no cases abandoned since 2003 in the Templemore arising from the increased number Enniscorthy Garda district due to delays. I am of recruits to bring the strength of the force up to further informed by the Garda authorities that 14,000 and various other Garda building projects. There is also a separate provision of more than there were no cases abandoned since 2003 in the \7 million in the Garda Vote in 2005 to meet Wexford Garda district due to warrants being out ongoing maintenance of Garda stations such as of date. painting and minor repairs. Registration of Title. A survey of the Garda property portfolio was carried out on behalf of the Office of Public 354. Mr. Naughten asked the Minister for Works to determine and list the properties con- Justice, Equality and Law Reform further to sidered to be economically maintainable and Parliamentary Question No. 722 of 26 January those considered to be uneconomic to repair. Fol- 2005, the average waiting time for processing lowing that survey, the Office of Public Works each Land Registry Office registration on a last year ran a pilot equity exchange programme county basis; and if he will make a statement on of eight Garda stations in Counties Limerick and the matter. [23236/05] Tipperary, following consultation with my 1401 Questions— 29 June 2005. Written Answers 1402

Department and the Garda authorities. The prog- on prisoner escorts in this jurisdiction are unani- ramme was developed to test the feasibility of mous in identifying the potential for significant exchanging clusters of small Garda stations which improvements in economy and effectiveness. cannot be viably maintained in return for new The Deputy will appreciate that the rationale modern station facilities. It was intended to for the introduction of contracted out prisoner extend this programme to other small Garda escort services may differ between jurisdictions. stations such as Ballyvary. However, the extremely high cost of prisoner I understand from the Office of Public Works, escorts in Ireland is attributable to a number of however, that the level of interest expressed was factors, including the fact that the majority of not adequate to meet the requirements of the prisoner escorts are done on an overtime basis. programme and that the Commissioners of Public Works are now considering alternative Deportation Orders. approaches. Until the Office of Public Works has 358. Aengus O´ Snodaigh asked the Minister for concluded its deliberations, I am not in a position Justice, Equality and Law Reform if any to indicate when Ballyvary station will be members of the Roma community have been addressed. In the meantime, the Commissioners deported to Kosovo in the past 18 months; if any of Public Works will undertake any essential such deportations are planned; and if he will maintenance works necessary to stations. make a statement on the matter. [23240/05] Prison Matters. Minister for Justice, Equality and Law Reform (Mr. McDowell): Since January 2004, a total of 356. Aengus O´ Snodaigh asked the Minister for 21 persons have been removed to Kosovo on foot Justice, Equality and Law Reform his views on of deportation orders. As the Department’s the recent report on the succession of serious fail- records do not distinguish between applicants as ures of the privatised prison escort service in to their ethnicity, it is not possible to provide the Scotland and if he will make a commitment that Deputy with a breakdown as to how many of unrestricted access by the Inspector of Prisons those persons belonged to the Roma community. and Places of Detention to monitor prison escorts However, I assure him that full consideration is will be made a condition of the contract with any given to the circumstances of all cases before a privatised prisoner escort service in this State. decision is made in respect of whether to make a [23238/05] deportation order. Minister for Justice, Equality and Law Reform The effecting of deportation orders is a matter (Mr. McDowell): It is not my intention to com- for the Garda Sı´ocha´na. Persons against whom ment on operational matters pertaining to deportation orders are in force are removed in another jurisdiction. The monitoring of any pro- accordance with logistical and operational posed contracted out prisoner escort service will requirements. It is not possible to indicate when be comprehensively detailed in the tender docu- the next removal operation to Kosovo will take ments currently under preparation by my place. officials. The brief of the Inspector of Prisons and Places of Detention in carrying out an inspection Inspector of Prisons and Places of Detention. of any prison or place of detention will still have 359. Aengus O´ Snodaigh asked the Minister for regard to such matters as the attitude of staff and Justice, Equality and Law Reform if he will inmates and the health, safety and well-being of define the criteria upon which he will decide that prisoners irrespective as to whether prisoner the publication of part or parts of future reports escorts are contracted out or not. of the Inspect of Prisons and Places of Detention 357. Aengus O´ Snodaigh asked the Minister for are against the public interest and subsequently Justice, Equality and Law Reform his views on censored — as outlined in section 127(8) of the recent report that the cost of the privatised prison new Prison Rules, 2005 and the process that will escort service in Scotland is greater than the cost be made available to the Prison Inspector to of the previous public escort service; and if he will appeal such a decision. [23241/05] provide an assurance that his proposed privatised 360. Aengus O´ Snodaigh asked the Minister for escort scheme in this State will indeed be less Justice, Equality and Law Reform the way in expensive than the current publicly run which section 127(8) of the new Prison Rules, service. [23239/05] 2005 (details supplied) is compatible with his public statements of 22 June 2005 that the new Minister for Justice, Equality and Law Reform Prison Rules will allow the Prison Inspector to be (Mr. McDowell): Likely costs of a contracted out independent in the exercise of his or her func- service are dependent on the outcome of the tions. [23242/05] competitive tendering process involved and the Deputy will appreciate that the publication of Minister for Justice, Equality and Law Reform estimated costs and savings by me would compro- (Mr. McDowell): I propose to take Questions mise this process. However, studies carried out Nos. 359 and 360 together. 1403 Questions— 29 June 2005. Written Answers 1404

[Mr. McDowell.] These new legislative provisions are, of course, The Inspector of Prisons and Places of Deten- designed to ensure that events of the kind that tion was appointed to inspect prisons and to took place in Donegal cannot happen again — report to the Minister of the day. It has been the not only in Donegal but in any part of the State practice since the appointment of the current — and that any misconduct or mismanagement inspector to lay his reports before the Houses of arising at any level in the force is swiftly iden- the Oireachtas and publish them on the Depart- tified and dealt with. ment’s website. On one occasion, in the case of his second annual report, certain parts were not Prisoner Releases. published on the basis of independent legal 365. Aengus O´ Snodaigh asked the Minister for advice. Justice, Equality and Law Reform if a person Rule 127 of the draft prison rules, published (details supplied) in County Westmeath has been recently, confirms the existing practice giving it granted weekend parole or any other form of the force of a statutory instrument. The reports temporary release since their conviction; if so the of the inspector shall continue to be laid before dates on which and reasons therefor; if a date has the Houses of the Oireachtas and be published in been fixed for the person’s parole hearing in full on the Department’s website unless the rights 2005; and if the family of this person’s victim will of an individual would be adversely affected or be informed of any future temporary release of it would be against the public interest. In such the prisoner and parole hearing. [23247/05] exceptional cases, the report will be published but with the relevant parts deleted. If there is any Minister for Justice, Equality and Law Reform such deletions rule 127 (9) requires a statement (Mr. McDowell): The person referred to by the to be attached to the report stating that such Deputy has received no form of temporary deletions have been made so it will be a matter release since his committal to prison. I am also of public knowledge. Rule 127 (2) of the draft informed that his case will next be reviewed by prison rules provides specifically that the inspec- the parole board in or around August 2007. The tor shall be independent in the exercise of his or Deputy will be aware that there are provisions her functions. whereby victims of serious crime, or members of their family, who indicate such a wish will be noti- Questions Nos. 361 to 363, inclusive, answered fied whenever significant developments occur in with Question No. 345. the sentence management of prisoner cases. For obvious reasons, my Department regards these Garda Complaints Procedures. types of communication as completely confiden- 364. Aengus O´ Snodaigh asked the Minister for tial and I am not, therefore, prepared to comment Justice, Equality and Law Reform his plans to on whether such an arrangement is in place in investigate or otherwise inquire into whether either this or any other case. there has been systematic Garda misconduct or incompetent Garda management in other parts of Crime Levels. the State outside County Donegal. [23246/05] 366. Mr. Timmins asked the Minister for Justice, Equality and Law Reform the crime Minister for Justice, Equality and Law Reform statistics across all headings for the years 1997 (Mr. McDowell): The Deputy will be aware that and 2004 for the areas of Bray, Wicklow and Ark- the Garda Sıóchańa Bill 2004, now at the final low; the number of gardaı´ based in each of these stage of its passage through the Oireachtas, pro- areas in 1997 and 2004; the number of crimes vides inter alia for the establishment of a fully detected; and if he will make a statement on the independent ombudsman commission, which will matter. [23248/05] have wide powers to investigate complaints made against members of an Garda Sıóchańa and a Minister for Justice, Equality and Law Reform Garda inspectorate, the main functions of which (Mr. McDowell): As regards crime figures, the will be to promote efficiency and effectiveness in Deputy will be aware that on becoming Minister the Garda Sıóchańa and to ensure that the Mini- for Justice, Equality and Law Reform, I arranged ster and the Department have objective infor- for the publication of headline crime statistics on mation and advice on matters relevant to the a quarterly basis in order to improve the quality functioning of the force. of information available to the public. While cau- These and other provisions of the Bill, as tion should be exercised in interpreting levels of passed by Daíl E´ ireann, including a duty of crime between quarters, I am pleased to note that members to account for their actions or inaction during my term of office as Minister, the quar- and new powers of summary dismissal by the terly crime rate has decreased from 6.7 per 1,000 Commissioner, represent a comprehensive population to 6 per 1,000 over the longer period response to the findings of the two reports of the of eleven quarters for which figures are available. Morris tribunal with respect to Garda misconduct This trend is reflected throughout most Garda and mismanagement in the Donegal division. districts in the country. In interpreting these fig- 1405 Questions— 29 June 2005. Written Answers 1406 ures, account has also to be taken of the introduc- I am informed by the Garda authorities that tion of the new PULSE computer system by the the table below shows the headline offences, by Garda Sıóchańa in 1999, which led to more com- group, for the Garda district of Bray and for the plete and comprehensive recording of crimes Garda district of Gorey which includes the Ark- reported than was previously the case. The low area and for Wicklow Garda district. It is Deputy will also wish to be aware that, taking important to note that the figures for 1997 are not into account the significant increase in our popu- comparable to statistics provided for the years lation since 1995, the headline crime rate has 2000 onwards. fallen from 29 per 1,000 population in 1995 to 25 per 1,000 population in 2004.

Headline Offences Recorded and Detected for Wicklow Garda District from 2000 to 2004.

Year 2000 2001 2002 2003 2004

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

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

Total 699 285 740 284 954 256 833 223 796 230 *Statistics for 2004 are provisional/operational and liable to change.

Headline Offences Recorded and Detected for Arklow Garda District from 2000 to 2004.

Year 2000 2001 2002 2003 2004

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 0 0 0 0 0 0 0 0 0 0 Assault 8 8 18 16 41 38 37 26 37 26 Sexual Offences 2 2 15 11 14 9 19 13 20 12 Arson 4 1 7 2 14 3 8 2 2 0 Drugs 25 25 22 22 25 25 19 19 23 23 Thefts 163 64 228 99 371 143 395 141 398 155 Burglary 238 90 232 91 248 41 292 46 300 45 Robbery 13 7 8 7 8 2 7 7 15 8 Fraud 27 26 24 23 14 10 22 11 23 20 Other 6 6 9 8 17 13 11 7 24 20

Total 486 229 563 279 752 284 810 272 842 309 *Statistics for 2004 are provisional/operational and liable to change.

Headline Offences Recorded and Detected for Bray Garda District from 2000 to 2004.

Year 2000 2001 2002 2003 2004

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 0 0 1 1 0 0 1 1 2 1 Assault 15 10 54 37 92 71 66 48 70 29 Sexual Offences 14 11 17 10 32 22 31 20 34 13 Arson 23 14 49 10 23 4 35 4 25 1 Drugs 21 21 45 45 55 55 41 41 27 27 Thefts 727 158 751 168 858 181 892 192 952 184 1407 Questions— 29 June 2005. Written Answers 1408

[Mr. McDowell.] Year 2000 2001 2002 2003 2004

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Burglary 625 167 612 122 644 81 879 95 690 69 Robbery 46 17 47 19 54 20 59 18 50 11 Fraud 36 34 32 26 90 76 39 29 35 16 Other 0 0 17 13 30 21 11 7 15 5

Total 1507 432 1625 451 1878 531 2054 455 1900 356 *Statistics for 2004 are provisional/operational and liable to change.

I have been informed by the Garda authorities, I refer are adequate to meet the current policing which are responsible for the detailed allocation needs of the area. of resources, including personnel, that the per- As regards Garda resources generally, I am sonnel strength of Arklow Garda station as at 31 pleased that the Government has approved my December in each of the years 1997 to 2004 was proposal to increase the strength of the Garda as set out in the attached table: Sı´ocha´na to 14,000 members on a phased basis, in line with the commitment in An Agreed Prog- Date Strength ramme for Government commitment in this regard. This is a key commitment in the prog- 31/12/1997 22 ramme for Government and its implementation 31/12/1998 25 will significantly strengthen the operational capa- 31/12/1999 24 city of the force. 31/12/2000 24 The Commissioner will now be drawing up 31/12/2001 25 plans on how best to distribute and manage these 31/12/2002 28 additional resources. In this context, the needs of 31/12/2003 27 all Garda stations including those referred to by 31/12/2004 28 the Deputy will be fully considered within the context of the needs of Garda stations throughout The personnel strength of Bray Garda station as the country. Clearly, of course, the additional at 31 December in each of the years 1997 to 2004 resources will be targeted at the areas of greatest was as set out in the attached table: need, as envisaged in the programme for Govern- ment. The programme identifies particular areas Date Strength with significant drugs problems and large numbers of public order offences but it will be 31/12/1997 76 possible to address other priorities as well, such 31/12/1998 74 as the need to very significantly increase the 31/12/1999 76 number of gardaı´ allocated to traffic duties as 31/12/2000 77 part of the new Garda traffic corps. One thing I 31/12/2001 77 have already promised is that the additional 31/12/2002 79 gardaı´ will not be put on administrative duties. 31/12/2003 75 They will be put directly into frontline, oper- 31/12/2004 85 ational, high-visibility policing. They will have a real impact. The personnel strength of Wicklow town Garda station as at 31 December in each of the years Citizenship Applications. 1997 to 2004 was as set out in the table hereunder: 367. Dr. Upton asked the Minister for Justice, Equality and Law Reform further to Parliamen- Date Strength tary Question No. 174 of 23 June 2005, if he will confirm receipt of correspondence to him from 31/12/1997 33 this Deputy dated 21 April 2005 and subsequent 31/12/1998 39 correspondence from the person concerned; and 31/12/1999 40 if he will give the up to date position on the 31/12/2000 39 matter. [23282/05] 31/12/2001 40 31/12/2002 41 Minister for Justice, Equality and Law Reform 31/12/2003 39 (Mr. McDowell): The correspondence to which the Deputy refers has been received and the per- 31/12/2004 36 son concerned has recently been granted permission to remain in the State with an exemption Local Garda management states that the existing from work permit requirements. available resources at the Garda stations to which 1409 Questions— 29 June 2005. Written Answers 1410

Prison Accommodation. Citizenship Applications. 368. Mr. Naughten asked the Minister for 371. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will Justice, Equality and Law Reform the position review the decision to close Loughan House, regarding the application for residency and County Cavan; and if he will make a statement citizenship of a person (details supplied) in on the matter. [23283/05] County Cork; and if he will confirm that the application will now be finalised as indicated in Minister for Justice, Equality and Law Reform Parliamentary Question No. 769 of 12 April (Mr. McDowell): I draw the Deputy’s attention 2005. [23286/05] to my response to a question which was taken on 4 May, 2005 — reference No. 14281/05 — and to Minister for Justice, Equality and Law Reform the Adjournment Debates on 12 and 19 Nov- (Mr. McDowell): The person in question has ember 2003, in which I outlined the rationale made an application for residency in the State behind the proposal to put in place alternative based on marriage to an Irish national. As indi- arrangements for the operation of Loughan cated in my reply of 12 April 2005, the application House. will be finalised on receipt of all relevant docu- I also refer the Deputy to my responses of 23 mentation. To date all the relevant docu- June last to two parliamentary questions, refer- mentation has not yet been received and a further ence Nos. 21320/05 and 21465/05, and the request for information issued on 24 June 2005. Adjournment Debate on the same date in which It is expected a decision will issue shortly after I stressed that I will not be drawn into renegotiat- the receipt of the requested documentation. ing the terms of the proposal for organisational change in the Prison Service and that in the Child Care Services. absence of an agreed way forward I have no 372. Mr. P. McGrath asked the Minister for option but to move ahead to implement whatever Justice, Equality and Law Reform the amount of measures are required to realise the necessary capital funding that has been allocated to child cost efficiencies. care facilities in 2005 in County Westmeath; the number of child care spaces that this represents; Garda Stations. the additional resources for staffing that has been allocated; and if he will make a statement on the 369. Mr. Stagg asked the Minister for Justice, matter. [23288/05] Equality and Law Reform if he has sanctioned the revised sketch scheme for the new Leixlip Minister for Justice, Equality and Law Reform Garda station in County Kildare, in view of the (Mr. McDowell): I have approved 13 grants to fact that the OPW are now recommending pro- date this year in County Westmeath, totalling ceeding with planning in respect of the develop- almost \2.7 million, under the equal oppor- ment of the station on the existing State-owned tunities child care programme 2000-06. It is antici- site; and if he will make a statement on the pated that this funding will lead to the creation matter. [23284/05] of 143 new child care places and will support a further 231 existing places. Minister for Justice, Equality and Law Reform This funding includes \1,778,150 in capital (Mr. McDowell): I am informed by the Office of grant assistance to four community based not for Public Works that the revised sketch scheme for profit groups, \825,900 in staffing grant assistance the proposed new Garda station in Leixlip will be to five community based not for profit projects, available to my Department shortly for consider- which will support the projects in question to the ation and consultation with the Garda authorities. end of 2007 and \55,081 in capital grant assist- I am further advised that it is the intention of the ance to two private sector child care projects. Office of Public Works to proceed to planning This commitment supplements previous com- once the sketch scheme has been agreed. mitments of more than \5.5 million in capital funding and more than \2.5 million in staffing Community Relations. grant assistance previously allocated to County 370. Mr. Hayes asked the Minister for Justice, Westmeath. It is expected that more than 1,224 Equality and Law Reform if he will consider pro- new child care places, including the places viding financial assistance to communities to referred to previously, will be created thanks to meet the costs of insurance, supervision, heating EOCP investment in County Westmeath. and lighting and so on of parochial halls and The Deputy may be aware that, following a schools during out of hours in parishes to provide detailed review of the existing staffing grants young people with a viable social alternative to under the EOCP, I recently extended the terms the public house. [23285/05] of the grants to the end of December 2007, to groups which have received staffing grants for a Minister for Justice, Equality and Law Reform period of three or more years and continue to (Mr. McDowell): The matters raised by the deliver a child care service in accordance with Deputy are more appropriate to the Departments their pre-agreed targets. To benefit from such of Education and Science and Health and funding, the groups must continue to pay part- Children. icular attention to the support of disadvantaged 1411 Questions— 29 June 2005. Written Answers 1412

[Mr. McDowell.] ject, due to concerns which emerged in the families and the implementation of a fee structure matter, my Department decided to review the tailored to the differing economic circumstances suitability of the location in question and examine of the client group and which ensures that child alternative options in the Blanchardstown area. care places subsidised by the EOCP are targeted In that respect, discussions are ongoing between towards those most in need. my Department and the Office of Public Works. The Westmeath county child care committee I am advised by the Office of Public Works that received an allocation of \199,250 to deliver its minimal works have been carried out to ensure annual action plan in 2005, while it receives an the security of the building while it is unoccupied. additional allocation of \20,000 to provide sup- As regards the future of the building, I am further port services for child minders. In addition, child advised that the Commissioners of Public Works care services in County Westmeath may also are considering the suitability of the premises for benefit from support given to the national volun- use by other Government Departments. tary child care organisations to enhance quality awareness. Proposed Legislation. 375. Mr. Bruton asked the Minister for Justice, Asylum Applications. Equality and Law Reform if he intends to intro- 373. Ms Shortall asked the Minister for Justice, duce legislation to recognise civil unions for the Equality and Law Reform if he has satisfied him- purpose of protecting rights in respect of tax, pen- self that all of the circumstances involved in an sion and next of kin in respect of same sex application for asylum of a young person (details couples who have made long-term commitments supplied) have been taken into consideration to each other. [23391/05] prior to the issuing of a deportation order; if, in Minister for Justice, Equality and Law Reform view of this person’s age, integration into Irish (Mr. McDowell): Consideration will be given to life and involvement in the Dublin Youth Thea- the question of legislation on civil unions when tre, he will re-examine this case; and if he will the following become available: the report of the make a statement on the matter. [23287/05] Law Reform Commission on rights and duties of Minister for Justice, Equality and Law Reform cohabitees; the report of the All-Party Oireachtas (Mr. McDowell): I refer the Deputy to the reply Committee on the Constitution of its examination I gave to Parliamentary Question No. 476 on 21 of Articles 40.3, 41 and 42 relating to the family; June last about this case. The circumstances of and the outcome of current litigation regarding the case were fully considered, including rep- the recognition of a foreign same sex marriage. resentations made on behalf of the person by the Refugee Legal Service, in arriving at the decision Government Contracts. to make a deportation order. I will reconsider the 376. Mr. Bruton asked the Minister for Justice, matter in light of the further representations Equality and Law Reform the basis on which a made in this case and my decision will be com- company, to operate repatriation flights, was municated directly to the person concerned in selected; if the successful company was that which due course. offered the cheapest tender price; and if not, the grounds for deviating from the most competitive Probation and Welfare Service. offer. [23394/05] 374. Ms Burton asked the Minister for Justice, Minister for Justice, Equality and Law Reform Equality and Law Reform his proposals in (Mr. McDowell): I assume the question refers to respect of the building purchased by the pro- the framework tender competition conducted by bation and welfare service at Main Street, my Department in January 2005, the purpose of Blanchardstown, in May 2002 and lying idle since which was to procure suitable service providers then; the cost of acquiring and maintaining the to carry out future repatriation charter flights in building since its acquisition; the progress the respect of the removal of persons who are probation and welfare service made in identifying illegally residing in the State. The competition an appropriate site in the vicinity of the town was conducted in accordance with national and centre of Blanchardstown, as agreed with the European Union procurement procedures and local community; and if he will make a statement was widely advertised at the time, including in the on the matter. [23326/05] Official Journal of the European Union. Minister for Justice, Equality and Law Reform The tender was not an invitation to supply (Mr. McDowell): The old AIB premises at Main specific flights at predetermined prices. Rather, it Street, Blanchardstown, was acquired by the was a specification based competition, which Office of Public Works on behalf of the probation sought to identify suitably qualified service pro- and welfare service on 15 April 2002. The total viders based on certain competencies which my cost of the purchase was \1.5 million, including Department and the Garda national immigration VAT. The intention was to renovate and extend bureau identified and considered essential for this the premises, using one portion as a local office type of operation. The tender was awarded on the and the other as a probation centre. However, basis of the tendering parties reaching or before proceeding with the refurbishment pro- exceeding those specifications. In this regard, 1413 Questions— 29 June 2005. Written Answers 1414 there was no deviation from the award criteria set out in the tender request. 1997 212 The specification sought service providers with 1998 205 the ability to act as principal in any contract and 1999 282 add value to the process by bringing about risk 2000 409* reduction through the provision of adequate 2001 409* operational support, aircraft safety certification, 2002 412* guarantees secured against the assets of the com- 2003 409* pany on replacement aircraft in case of technical 2004 409* or financial failure and appropriate insurance cover, including calamity insurance, etc. These *Including a total of 140 staff sanctioned for the Refugee are all requirements considered essential by the Legal Service. Department for the safe, effective and secure A total of 10.1 departmental, non-legal, whole- operation of such flights, taking account of the time equivalent staff are employed on criminal need to reduce the State’s exposure to claims aris- legal aid duties in the Department at present. A ing from identifiable risks where these can be breakdown of the allocation of staff for criminal eliminated or reduced through appropriate risk legal aid duties from 1997 to date is not readily management measures and insurance cover. It is available as the staff in question form part of not, therefore, a question of the cheapest price the overall staffing complement of the but of achieving value for money by meeting Department. these essential standards and having regard to the The annual cost of criminal legal aid since 1997 price offered. is as follows: The company appointed following a detailed examination of the tenders received is a large UK Year Cost (\m) based service provider, Air Partner PLC, with considerable experience and expertise in this type 1997 11.60 of work. As flights are required, the company is 1998 19.27 contacted for quotes for suitable aircraft and sup- 1999 22.45 port services for a specific operation on a part- 2000 25.11 icular date. The company normally provides a 2001 25.19 range of options and the cheapest is usually accepted having regard to the suitability of the 2002 28.88 aircraft offered and other criteria such as the can- 2003 37.35 cellation-postponement terms attaching. 2004 34.14 2005 (to 23 June) 19.99 Citizenship Applications. 377. Mr. Perry asked the Minister for Justice, Equality and Law Reform further to Parliamen- Registration of Title. tary Question No. 475 of 24 February 2004, the 379. Mr. P. Breen asked the Minister for progress made on the naturalisation process of Justice, Equality and Law Reform if the Land the person; when it will be completed; and if he Registry Office has received queries from the sol- will make a statement on the matter. [23395/05] icitor of a person (details supplied) in County Clare; if so, when the application will be pro- Minister for Justice, Equality and Law Reform cessed; and if he will make a statement on the (Mr. McDowell): I am pleased to inform the matter. [23423/05] Deputy that I recently approved the application for a certificate of naturalisation of the person Minister for Justice, Equality and Law Reform concerned. A letter informing her of my decision, (Mr. McDowell): I am informed by the Registrar as well as the final procedures which must be of Titles that this is an application under section completed, is due to issue in the next few days. 49, acquisition of title by virtue of long possession, under the Registration of Title Act 1964, Legal Aid Service. which was lodged on 1 October, 2004. Dealing No. D2004CR009579Q refers. I understand that, 378. Mr. Bruton asked the Minister for Justice, due to their complicated nature, applications Equality and Law Reform the numbers employed under section 49, which require detailed examin- in legal aid, distinguishing between civil and ation of claims for registration as owners, can criminal, from 1997 to date; and the annual cost take some time to process. Accordingly, it is not and spend of criminal legal aid since 1997 to possible to estimate a completion date at this date. [23419/05] stage. Minister for Justice, Equality and Law Reform I am further informed that queries which issued (Mr. McDowell): The information that the to the lodging solicitors on 10 December 2004 Deputy has requested is as follows: Civil Legal have been dealt with and that a further query Aid The sanctioned numbers of staff for the issued on 24 June, 2005. I understand that the Legal Aid Board from 1997 to date are: application cannot proceed until this query has been satisfactorily resolved. However, I assure 1415 Questions— 29 June 2005. Written Answers 1416

[Mr. McDowell.] Garda Stations. the Deputy that, on receipt of a satisfactory reply 383. Mr. P. Breen asked the Minister for to the query raised, the matter will receive further Justice, Equality and Law Reform the opening attention in the Land Registry and will be com- hours of each of the Garda stations in County pleted as soon as possible. Clare; if he intends to extend the opening hours 380. Mr. P. Breen asked the Minister for of same; and if he will make a statement on the Justice, Equality and Law Reform, further to matter. [23431/05] Parliamentary Question No. 693 of 12 April 2005, 384. Mr. P. Breen asked the Minister for if the Land Registry Office has finalised the appli- Justice, Equality and Law Reform the number of cation on a folio for a person (details supplied) in Garda stations in County Clare which are not cur- County Clare; and if he will make a statement on rently occupied other than by the green man; if the matter. [23424/05] he will list such stations; his plans for the future of such stations; and if he will make a statement Minister for Justice, Equality and Law Reform on the matter. [23432/05] (Mr. McDowell): I am informed by the Registrar Minister for Justice, Equality and Law Reform of Titles that this is an application for transfer (Mr. McDowell): I propose to take questions Nos. of part which was lodged in 2001. Dealing No. 383 and 384 together. D2001CR004399D refers. I am further informed I have been informed by the Garda authorities, that this application was completed on 3 June which are responsible for the detailed allocation 2005. of resources, including personnel, that the official 381. Mr. P. Breen asked the Minister for opening hours of each of the Garda stations in Justice, Equality and Law Reform, further to the Clare division as at 29 June, 2005 is as set out Parliamentary Question No. 203 of 27 May 2005, in the following table. if the Land Registry Office has received the Station Hours requisition from the solicitors of persons (details supplied) in County Limerick; and if he will make Ennis 24 hours a statement on the matter. [23425/05] Crusheen 10 a.m. — 1 p.m. Lisacasey 10 a.m. — 1 p.m. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Registrar Newmarket-on-Fergus 10 a.m. — 1 p.m. of Titles that this is an application for transfer- Quin 10 a.m. — 1 p.m. charge which was lodged on 10 May 2005. Deal- Shannon 24 hours ing No. D2005PS009825J refers. I am further Sixmilebridge 10 a.m. — 1 p.m. informed that this application was completed on Ennistymon 24 hours 21 June 2005. Corofin 10 a.m. — 1 p.m. Ballyvaughan 10 a.m. — 1 p.m. Road Traffic Offences. Lahinch 10 a.m. — 1 p.m. 382. Mr. P. Breen asked the Minister for Lisdoonvarna 10 a.m. — 1 p.m. Justice, Equality and Law Reform the number of Miltown Malbay 10 a.m. — 1 p.m. prosecutions that have been issued to motorists Inagh 10 a.m. — 1 p.m. in County Clare for uninsured and untaxed Killaloe 24 hours vehicles for each of the years 2001 to 2004 and Broadford 10 a.m. — 1 p.m. for January to April 2005; and if he will make a Newport 10 a.m. — 1 p.m. statement on the matter. [23430/05] Scariff 10 a.m. — 1 p.m. Mountshannon 2 hours daily Minister for Justice, Equality and Law Reform Rearcross 10 a.m. — 1 p.m. (Mr. McDowell): I am informed by the Garda authorities that the numbers of cases where pro- Tulla 2 hours daily ceedings were commenced for offences relating Kilrush 24 hours to vehicles being untaxed and uninsured in the Carrigaholt 10 a.m. — 1 p.m. Garda division of Clare are as set out in the fol- Doonbeg 10 a.m. — 1 p.m. lowing table. Kildysart 10 a.m. — 1 p.m. Kilkee 10 a.m. — 1 p.m. Year Tax Insurance Kilmihil 10 a.m. — 1 p.m. Labasheeda 10 a.m. — 1 p.m. 2001 163 260 2002 635 751 I have been further informed that local Garda 2003 511 711 management does not propose to extend the 2004 496 675 opening hours of any of the Garda stations in the January to April 2005 89 118 Clare division. It states that the extension of the current opening hours at any of these stations would necessitate the employment of additional 1417 Questions— 29 June 2005. Written Answers 1418 personnel on indoor administrative duties who Minister for Justice, Equality and Law Reform may be more effectively employed on visible out- (Mr. McDowell): I am informed by the Garda door policing duties. authorities that Criminal Assets Bureau investi- Local Garda management also reports that gations are not conducted by reference to part- there are currently no Garda stations in County icular counties or Garda divisions and that most Clare which are not occupied other than by the investigations involve two or more different parts green man. Each Garda station has been allo- of the country. I am further informed that disclos- cated Garda personnel. Each sub-district station ure of results of any analysis which focused on is equipped with a green man, which is linked particular counties or Garda divisions could inter- directly to the local district headquarters for use fere with the operation of ongoing investigations. by the public when the member assigned to such This is because for some years the results for a station is on patrol or on rostered rest days. many counties or divisions would be zero or one In relation to Garda resources generally, I am and disclosure would have the effect of identi- pleased the Government has approved my pro- fying individuals, when an investigation com- posal to increase the strength of the Garda Sı´och- menced and whether the Criminal Assets Bureau a´na to 14,000 members on a phased basis, in line is conducting investigations. The Deputy will with the An Agreed Programme for Government appreciate that this would be wholly undesirable. commitment in this regard. This is a key commitment in the programme for Government and its Liquor Licensing Laws. implementation will significantly strengthen the 387. Mr. Naughten asked the Minister for operational capacity of the force. Justice, Equality and Law Reform when he The Commissioner will now draw up plans on intends to publish the new liquor codification how best to distribute and manage these legislation; and if he will make a statement on the additional resources. In this context, the needs of matter. [23456/05] the Clare division will be fully considered in the context of the needs of Garda divisions through- Minister for Justice, Equality and Law Reform out the country. Clearly, the additional resources (Mr. McDowell): The position is that a consul- will be targeted at the areas of greatest need, as tation process on my proposals for a Bill to is envisaged in the programme for Government. streamline and modernise the liquor licensing The programme identifies, in particular, areas laws by repealing the Licensing Acts 1833 to 2004 with a significant drugs problem and a large and replacing them with updated provisions more number of public order offences but it will be suited to modern conditions has recently con- possible to address other priorities as well, such cluded. I will take account of the views of organis- as the need to very significantly increase the ations and individuals who responded to my number of gardaı´ allocated to traffic duties as request for submissions in the context of the part of the new Garda traffic corps. One promise drafting of the Bill. The Bill will be published fol- I have already made is that the additional gardaı´ lowing Government approval in due course. In will not be put on administrative duties. They will view of its size, it is not possible at this stage to be put directly into frontline, operational, high indicate exactly when it will be ready for pub- visibility policing and will have a real impact. lication.

Drug Seizures. Garda Deployment. 385. Mr. P. Breen asked the Minister for 388. Mr. Kenny asked the Minister for Justice, Justice, Equality and Law Reform the number of Equality and Law Reform the number of gardaı´ drug seizures in each Garda division in County located in each local drug task force area each Clare for each of the past five years; the extent year from 1997 to date; and if he will make a to which the problem is on the increase or other- statement on the matter. [23463/05] wise; and if he will make a statement on the Minister for Justice, Equality and Law Reform matter. [23433/05] (Mr. McDowell): I have been informed by the Minister for Justice, Equality and Law Reform Garda authorities, which are responsible for the (Mr. McDowell): It has not been possible within detailed allocation of resources, including person- the timeframe involved to collate the information nel, that local drug task forces were established required by the Deputy. I will contact the Deputy in 1997 on the basis of certain criteria which con- directly when information is to hand. sidered among other issues, levels of social disadvantage and Garda crime statistics. These criteria CAB Investigations. ensures that these areas received a high priority in relation to the allocation of Garda resources. 386. Mr. P. Breen asked the Minister for Since the publication of the national drugs Justice, Equality and Law Reform the number of strategy in May 2001, resources in Garda stations Criminal Assets Bureau investigations which covering local drug task force areas have been have taken place in each of the past five years in monitored. For the purpose of this process the County Clare; the Garda divisions within which year 2001 is used as the benchmark year. As can these investigations took place; and if he will be seen from the table below there was an make a statement on the matter. [23434/05] increase of 17 gardaı´ assigned to stations covering 1419 Questions— 29 June 2005. Written Answers 1420

[Mr. McDowell.] The most recent comparison covering May 2005 local drug task force areas for the period covering shows an additional 218 gardaı´ have been January 2001 to January 2002, which was the first assigned to such stations, compared with year of the Government’s national drug strategy. January 2001.

Resources L.D.T.F. Areas.

L.D.T.F. Station(s) January ’01 January ’02 May ’05 Net change Net change January January ’01- ’01- May ’05 January ’02 Sgt Gdaı´ Sgt Gdaı´ Sgt Gdaı´

Ballymun Ballymun 9 53 11 52 10 55 +1 +3 Ballyfermot Ballyfermot 12 61 11 57 10 64 −5 +1 Blanchardstown Blanchardstown 18 78 21 100 22 135 +25 +61 Bray Bray 11 61 12 57 10 65 −3 +3 Canal Communities Kilmainham 17 60 16 62 12 64 +1 −1 Clondalkin Clondalkin 11 52 11 55 12 68 +3 +17 Clondalkin Ronanstown 11 57 14 55 15 70 +1 +17 Cork Cork City 94 486 96 492 93 501 +8 +14 Dublin 12 Crumlin 14 58 16 56 17 64 0 +9 Dublin 12 Sundrive Road 9 50 9 54 9 58 +4 +8 Du´ n Laoghaire Du´ n Laoghaire 15 83 19 83 10 87 +4 −1 Finglas/Cabra Finglas 11 69 12 65 9 73 −3 +2 Finglas/Cabra Cabra 14 68 12 67 11 52 −3 −19 North Inner City Store Street 30 199 30 199 34 224 0 +29 North Inner City Fitzgibbon Street 18 88 18 86 18 92 −2 +4 North East Coolock 11 71 10 71 11 73 −1 +2 North East Raheny 10 47 9 48 8 52 0 +3 North Inner City Kevin Street 18 87 19 84 19 99 −2 +13 North Inner City Pearse Street 25 182 26 175 29 216 −6 +38 North Inner City Irishtown 9 46 9 42 8 48 −4 +1 Tallaght Tallaght 20 132 18 133 20 146 −1 +14

Difference 387 2,088 399 2,093 387 2,306 +17 +218

Community Policing. ive reform of Garda structures since the foundation of the State. Included in its provisions are 389. Mr. Kenny asked the Minister for Justice, mechanisms for enhanced co-operation between Equality and Law Reform if community policing the Garda and local authorities through the fora have been established in each local drug task establishment, on a statutory basis, of joint force area; if not, when it will happen; and if he policing committees. It is intended that such com- will make a statement on the matter. [23464/05] mittees will provide a forum where the Garda Minister for Justice, Equality and Law Reform Sıóchańa, local authorities and other appropriate (Mr. McDowell): Two community policing fora bodies can co-operate and work together to have already been established in the context of address local policing and other issues. It is also the national drugs strategy. These are operating intended that these policing committees will on a pilot basis under the aegis of the north inner facilitate the establishment of local policing fora city and Finglas-Cabra local drugs task forces. My to address specific issues in local areas, including position on this matter is that the establishment drugs issues. The further development of com- of community policing fora in general needs to be munity policing fora in each local drug task force delivered in the context of an appropriate policy area will be considered in this context. framework for what will be relatively new part- On 12 May last I announced the establishment nership structures involving the Garda, local of an implementation advisory group, under the authorities and local communities to deal with a chairmanship of Senator Maurice Hayes, in a range of issues of mutual concern. Such a frame- move to facilitate the timely implementation of work will ensure that community policing fora are the provisions of the Garda Sıóchańa Bill. Its developed in an appropriate, consistent and prop- terms of reference include the development of erly planned manner. guidelines to enable the establishment of joint Work is well under way on the development of policing committees and the group has been such a policy framework. The Garda Sıóchańa requested to report to me on progress not later Bill 2004 represents the most significant legislat- than six months after the enactment of the Bill. 1421 Questions— 29 June 2005. Written Answers 1422

Irish Prison Service. the necessary procedures and to have these in place so that further implementation of the Act 390. Mr. Kenny asked the Minister for Justice, can take place in a satisfactory and structured Equality and Law Reform the progress made to manner. My Department is currently in dis- date in carrying out an independent evaluation of cussions with the various parties involved. When the overall effectiveness of the prison strategy in these are finalised, it is intended to continue the relation to all aspects of drug services in prisons phased implementation of further sections of the and research on the levels and routes of supply Act, as is necessary and appropriate. of drugs in prisons; when such an evaluation will be completed and its findings published; and if he Teaching Qualifications. will make a statement on the matter. [23467/05] 393. Mr. Kehoe asked the Minister for Edu- Minister for Justice, Equality and Law Reform cation and Science the progress in the case of a (Mr. McDowell): The Irish Prison Service con- person (details supplied); when a decision will be tinually monitors the effectiveness of its drug made; and if she will make a statement on the policies and already has a good knowledge of the matter. [22990/05] levels and routes of supply of drugs in prison. Pending the implementation of the new drugs Minister for Education and Science (Ms policy, which I intend to publish in the near Hanafin): The qualifications of the person con- future, it would be premature to undertake a cerned were assessed by the registration council wide-ranging review of all aspects of drug services to determine if they were suitable for the pur- in prisons. I have decided that the better course poses of post-primary teaching in this country. of action would be to undertake such a review They were deemed suitable for the purposes of when the new policy has been in place for a suf- teaching French but not for teaching German. ficient period of time, which will allow for mean- Following receipt of additional information ingful evaluation of current practice and policy. regarding her qualifications, the case is being It is intended that the review will be initiated in reviewed. It is expected that the outcome of this 2007. review will be known following a meeting of the council’s applications committee on Friday, 1 Registration of Title. July. The person will be notified of the decision shortly afterwards. 391. Mr. Naughten asked the Minister for Justice, Equality and Law Reform the reason for Special Educational Needs. the delay in completing an application (details supplied); the timeframe for this application to be 394. Mr. Connaughton asked the Minister for completed; and if he will make a statement on the Education and Science the reason a person matter. [23473/05] (details supplied) in County Galway is not entitled to 2.5 hours resource teaching on a one Minister for Justice, Equality and Law Reform to one basis; if her attention has been drawn to (Mr. McDowell): This application was completed the fact that 2005-06 will be this person’s last year on 27 June 2005. at national school and that the professional assessment is that they need one to one resource Youth Services. teaching urgently for the final year at national 392. Mr. Hayes asked the Minister for Edu- school; and if she will make a statement on the cation and Science the sections of the Youth matter. [22991/05] Work Act 2001 which have been commenced to Minister for Education and Science (Ms date; and when the remaining sections of the Act Hanafin): As the Deputy is aware, a new scheme will be commenced. [22949/05] for allocating resource teachers to schools to Minister for Education and Science (Ms cater for the needs of children with high incidence Hanafin): The Youth Work Act provides a legal special needs and learning support needs, was framework for the provision of youth work prog- announced last month. The reason for the new rammes and services to be organised by the Mini- scheme is simple. Children with special needs, ster for Education and Science, the vocational such as dyslexia or mild learning difficulties, are education committees and national and regional found in almost every school. It makes sense then youth work organisations. Section 1 of the Act that every school should have a number of provides for sections to be commenced at differ- resource teaching hours based on the number of ent stages. Sections 2 to 7, inclusive, 17, 18 and pupils in the school. 24 have been commenced to date. The special educational needs, SEN, of the A sub-committee of the national youth work pupil in question fall within the high incidence advisory committee, representative of the statu- disability categories and his needs can, therefore, tory and voluntary sectors and my Department, be catered for from within the school’s general is engaged in ongoing work, including the allocation. This school’s teaching allocation under development of detailed guidelines and pro- the new general allocation model is 12.5 part time cedures necessary for the further implementation hours. It is a matter for each school to determine of the Act. It is considered essential to have the pupils with high incidence special education agreement between all the interested parties on and learning support needs who will receive this 1423 Questions— 29 June 2005. Written Answers 1424

[Ms Hanafin.] fashion. First, progress on 13 large scale building support. Each school will have enough resource projects is being considered under the school teaching hours to provide its pupils with a level building programme from 2005 onwards. This of support appropriate to their needs. involves a combination of extensions, refur- The school can use its professional judgment bishments, and the provision of new school to decide how these hours are divided between buildings. different children in the school, to ensure that all Second, the extension of the Gaelscoil to 16 their needs are met. Research shows that some classrooms to provide an extra 240 places is being children with special needs will respond better pursued together with the development of the with one to one tuition. Others, however, do new multi-denominational school to 16 better when taught in small groups. It is often classrooms which will provide an extra 480 pupil best for resource teachers to work with children places. in the classroom rather than taking them away to Third, a senior Department inspector recently separate rooms because the children then have to visited all primary schools in the area. His find- catch up work done by the rest of the class in ings are being considered in the context of an in their absence. The type of response needed depth analysis of both primary and post-primary depends on the child. infrastructural provision in Mullingar, which is currently being carried out in the school planning Pupil-Teacher Ratio. section of my Department. The findings of this analysis will inform the extent and nature of any 395. Mr. Timmins asked the Minister for Edu- future provision to be made. cation and Science the pupil teacher ratio for schools (details supplied) in County Wicklow. [22992/05] School Transport. 398. Mr. P. McGrath asked the Minister for Minister for Education and Science (Ms Education and Science the safety guidelines Hanafin): Data are not readily available on pupil- which exist for operation of the school bus fleet; teacher ratios in each national school due to if she will consider an upper age limit for school teacher-sharing arrangements among national buses; if seat belts are to be made compulsory on schools. However, data on average class sizes, all school buses; and if she will make a statement excluding traveller and special class pupils inte- on the matter. [22995/05] grated in ordinary classes, are contained in the file for 2004-05 for most of the schools specified 423. Mr. Hayes asked the Minister for Edu- by the Deputy. In the case of three schools, which cation and Science the action being taken by her are special schools, average class size cannot be Department to introduce compulsory seat belts to estimated. all school buses. [23072/05] 396. Mr. O’Dowd asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if the appointment of an extra Hanafin): I propose to take Questions Nos. 398 teacher to a school (details supplied) in County and 423 together. Louth will be approved; and if she will make a All vehicles operating under the school trans- statement on the matter. [22993/05] port scheme are required to meet the statutory regulations as laid down by the Department of Minister for Education and Science (Ms Transport. Where vehicles have over eight adult Hanafin): The Department has sanctioned a tem- seats and are more than one year old, they are porary teaching post to the school in question for required to pass that Department’s annual road- the 2005-06 school year following consultation worthiness test. In addition, Bus E´ ireann vehicles with the local special educational needs organiser are subject to a programme of scheduled servic- and the Department inspectorate. Verbal sanc- ing under specified maintenance procedures to tion has been given to the school authorities and ensure that the highest safety standards are a formal letter will issue in the coming days. The achieved. Contractors employed by Bus E´ ireann SENO will keep the situation under review. are contractually obligated to keep their nominated vehicle is a safe and roadworthy condition Schools Building Projects. at all times. ´ 397. Mr. P. McGrath asked the Minister for The average age of the Bus Eireann large capa- Education and Science her long term plans to city school bus, which represents about 20% of provide additional places in primary schools in the vehicles used for school transport, is 16 years Mullingar in view of the expanding population; and the average age of all vehicles used for school and if she will make a statement on the transport is 11.5 years. An older bus — which has passed the annual roadworthiness test — does not matter. [22994/05] mean an unsafe bus. No bus which is unsafe or Minister for Education and Science (Ms dangerous is allowed on to the road to carry Hanafin): The Department accepts that children. Mullingar is a developing town in the medium to The loading of all school buses is determined long term and is taking a number of steps to by the relevant sections of the Road Traffic ensure that its future needs are met in a timely (Construction, Equipment and Use of Vehicles) 1425 Questions— 29 June 2005. Written Answers 1426

Regulations which are laid down by the Depart- any mandatory retrofitting of seat belts in exist- ment of Transport. The licensed carrying capacity ing buses. of all vehicles engaged in school transport is The provision of seat belts on school buses, will based on a ratio of three pupils for every two have to be introduced on a phased basis having adult seats, in accordance with relevant legis- regard to the logistical difficulties involved in lation. The Minister of State with responsibility sourcing right-hand drive buses equipped with for school transport and I have decided to phase any appropriate seat belts. The issue of the type, out the three for two seating arrangement on or types, of seat belt to be fitted must be deter- school buses over the next three years, starting mined having regard to the differing sizes of the next September. student passengers being carried. Bus E´ ireann school bus drivers are required to The Department is working closely with the undergo a pre-employment medical examination Department of Transport and Bus E´ ireann on by a nominated doctor and may be subject to this issue and any decisions reached will be ongoing medical review. All such drivers must guided by expert advice. hold current driving licences appropriate to the size of vehicles they are required to drive. The School Accommodation. company also provides training to bring drivers 399. Mr. P. McGrath asked the Minister for up to the requisite standard, if necessary. Education and Science if, in view of the popu- In addition, Bus E´ ireann school bus drivers lation forecast for the Killucan-Rathwire area of must pass a driving assessment conducted by County Westmeath, she will expedite the pro- specially trained and qualified Bus E´ ireann posed extension of a school (details supplied) in inspectors. Vehicle familiarisation with different County Westmeath; and if she will make a state- types of school buses is carried out on an ment on the matter. [22996/05] ongoing basis. Bus E´ ireann school bus drivers have also Minister for Education and Science (Ms attended a disability awareness training course Hanafin): The Department does not have an specially designed to take account of the require- application for an extension from the school to ments of children with special needs who travel which the Deputy refers. However, a new plan- under the school transport scheme. This course is ning model for educational infrastructure was recently introduced to ensure that in future ongoing at present. school provision will be decided after a trans- Contractors’ school bus drivers are required to parent consultation process. In this regard, trus- undergo a pre-employment medical examination tees, parents, sponsors of prospective schools and by a nominated doctor, and may be subject to all interested parties from a locality will have the ongoing medical review by the chief medical opportunity to have their voices heard in the officer of CIE. It is a condition of the contract process. agreement that no person shall be allowed to The main feature of the new model, being drive a school bus if, having been requested, they introduced initially on a pilot basis in five specific refuse to submit for medical examination or if areas, is the publication of a draft area develop- they are certified unfit. ment plan which will set out a blueprint for edu- All contractors must hold current driving cation infrastructure in a particular area into the licences appropriate to the size of vehicles they future. The components of the draft area ´ are required to drive. Bus Eireann maintains a development plan are: details of existing primary record of driving licences on file for all nominated and post-primary provision; examination of the contractors. Bus E´ ireann has facilitated contrac- demographics of the area; commentary on the tors and their school bus drivers who drive data; and recommendations for the area into the services under the school transport scheme for future. children with special needs to attend the ongoing Following publication of each draft area disability awareness training course organised for development plan, the commission on school the company’s own personnel. Contractors, as accommodation will conduct a public consul- independent private bus operators, may at their tation process to which all interested parties can own discretion provide additional training for make submissions. All of these submissions will their employees. be published. The process in each case will culmi- EU Directive 2003/20 requires seat belts to be nate in the publication of a final area develop- used where they are fitted. This directive must ment plan against which all capital funding be transposed into national law by 9 May 2006. decisions will be made over the next decade. Separately, proposals to extend the requirement The needs of the school to which the Deputy for seat belts to be fitted in all new vehicles refers are being considered through the process except for city buses used in stage stop routes outlined because it forms part of one of the pilot have been developed at EU level. When the area development plans. The commission on directive is adopted, all new school buses being school accommodation has completed the public registered from a future date, yet to be deter- consultation process for this particular plan and mined, will require to be fitted with seat belts. It it hopes to be in a position to publish its final is not expected that this directive will provide for report shortly. 1427 Questions— 29 June 2005. Written Answers 1428

Special Educational Needs. Education and Science when the schools broadband initiative will be rolled out to all schools; 400. Mr. P. McGrath asked the Minister for the cost of installing this initiative; the annual Education and Science the average waiting running costs of the broadband connections; and periods for parents and teachers of special needs if she will make a statement on the matter. children to have assessments carried out by a [22998/05] child psychologist; if parents who have assessments carried out privately, will be reimbursed if Minister for Education and Science (Ms they experience unacceptable delays; and if she Hanafin): A major focus for the Department is will make a statement on the matter. [22997/05] the roll out of broadband Internet connectivity to all recognised primary and post-primary schools. Minister for Education and Science (Ms This project is being undertaken in partnership Hanafin): Children with acknowledged special with industry, following the establishment of a needs are generally identified through the three-year, \18 million joint Government-IBEC- psychological services of the health service and of TIF fund. The broadband connectivity is being the voluntary bodies prior to the enrolment of provided via a schools national broadband net- such children in primary schools. Children who work supported by HEAnet, which will provide manifest very special needs in school and who managed Internet access, e-mail, security con- have not been previously assessed by a psychol- trols, content filtering and other services designed ogist and are brought to the attention of a NEPS to enhance the educational process. A broadband psychologist by the principal teacher, will nor- support service is being provided by the NCTE mally be assessed by the psychologist within that to assist schools with advice and information school term. relating to the roll out and ongoing use of their NEPS encourages a staged assessment process, broadband connectivity within the schools whereby each school takes responsibility for network. initial assessment, educational planning and Following a competitive tender process, the remedial intervention, in consultation with their Department has now finalised and signed con- assigned NEPS psychologist. Only if there is a tracts with the six companies selected for the pro- failure to make reasonable progress in spite of vision of access connectivity and with the other the school’s best efforts, will a child be referred company selected for the provision of routers. for individual psychological assessment. This The schools national broadband network and the system allows the psychologists to give early service desk have been established and are oper- attention to urgent cases and also to help many ational. The initial stages of the roll out of con- more children indirectly than could be seen indi- nectivity locally to schools has already com- vidually. menced and the roll out is due to be completed As the end of the 2004-05 school year by March 2006. approaches, NEPS management is conducting a The estimated cost of the schools broadband survey to ascertain how many children have been access programme — incorporating the local con- through the staged assessment process in school nectivity at school level, the national schools but who still need individual psychological assess- broadband network and the service desk, includ- ments. As soon as the information has been col- ing the initial set-up and ongoing costs over the lated, every effort will be made to ensure that next three years — is some \30 million. Within urgent assessment needs will be met as soon as that context, the estimated full-year running cost possible. of the programme is some \7 million. In the case of schools that do not currently have NEPS psychologists assigned to them, such Schools Building Projects. schools have access to educational psychological assessments through the scheme for com- 402. Mr. P. McGrath asked the Minister for missioning psychological assessments, SCPA. Education and Science if a school (details Under this scheme, schools can commission supplied) in County Westmeath will proceed to assessments from a member of the panel of construction before the end of 2005; and if she private practitioners approved by NEPS, and will make a statement on the matter. [22999/05] NEPS will pay the fees directly to the psychol- Minister for Education and Science (Ms ogists concerned. Details of this scheme, includ- Hanafin): The project referred to by the Deputy ing the conditions that apply to it, are available is listed among the 122 large scale projects on the on the Department’s website. current school building programme announced in As arrangements for assessments under the January for moving to tender and construction SCPA scheme are made between school princi- over a 12 to 15-month period. Planning per- pals and individual private practitioners, infor- mission for the new school was applied for in May mation on the average waiting time for such 2005. It is envisaged that the tenders will be psychological assessments is not available in my sought in the latter half of 2005, following which Department. the project will progress to construction. 403. Mr. P. McGrath asked the Minister for Computerisation Programme. Education and Science if a school (details 401. Mr. P. McGrath asked the Minister for supplied) in County Westmeath will proceed to 1429 Questions— 29 June 2005. Written Answers 1430 construction before the end of 2005; and if she building unit is currently reviewing plans received will make a statement on the matter. [23000/05] from the school and its design team. When the review is completed, it is hoped that the project Minister for Education and Science (Ms can be progressed further with a view to giving Hanafin): The project referred to by the Deputy devolved authority to the school for proceeding is listed among the 122 large scale projects on the with it to tender and construction. current school building programme announced in January for moving to tender and construction 407. Mr. P. McGrath asked the Minister for over a 12 to 15-month period. The Department’s Education and Science if a school (details building unit is currently awaiting revised plans supplied) in County Westmeath will proceed to from the school and its design team on this pro- construction before the end of 2005; and if she ject. When these plans are received, the project will make a statement on the matter. [23005/05] can be progressed further with a view to giving devolved authority to the school for proceeding Minister for Education and Science (Ms with it to tender and construction. Hanafin): The advertisement seeking expressions of interest from suitably qualified consultants to 404. Mr. P. McGrath asked the Minister for form the design team for the school in question Education and Science if a school (details was placed on the public procurement portal, supplied) in County Westmeath will proceed to www.etenders.gov.ie, on 4 May 2005. This is a construction before the end of 2005; and if she two-stage selection process in which the board of will make a statement on the matter. [23002/05] management are the client and the closing date for receipt of expressions by the board was the Minister for Education and Science (Ms 25 May 2005. When a full design team has been Hanafin): The project referred to by the Deputy selected for the project, the board of management is listed among the 122 large scale projects on the will formally notify the Department and request current school building programme announced in approval to proceed with the appointment of the January for moving to tender and construction design team to begin architectural planning. It is over a 12 to 15-month period. The Department’s not possible at this point to indicate when the building unit is currently reviewing plans received architectural planning process will be completed. from the school and its design team. When the A decision on which school building projects review is completed, it is hoped that the project will advance to tender and construction as part can be progressed further with a view to giving of the 2006 schools building and modernisation devolved authority to the school for proceeding programme will be taken later in the year. with it to tender and construction. 408. Mr. P. McGrath asked the Minister for 405. Mr. P. McGrath asked the Minister for Education and Science when she will authorise Education and Science if a school (details school (details supplied) in County Longford to supplied) in County Westmeath will proceed to progress to construction phase; and if she will construction before the end of 2005; and if she make a statement on the matter. [23006/05] will make a statement on the matter. [23003/05] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The building project for the school in Hanafin): The project referred to by the Deputy question was included in the recently announced is listed among the 122 large scale projects on the list of school projects to be progressed through current school building programme announced in architectural planning in 2005. The building pro- January for moving to tender and construction ject is at early architectural planning stage 1, site over a 12 to 15-month period. The Department’s suitability, briefing and site report. The stage sub- building unit is currently reviewing plans received mission is currently with the Department and will from the school and its design team. When the be assessed by the Department’s staff in due review is completed it is hoped that the project course. When this analysis is complete, the school can be progressed further with a view to giving building section will be in contact with the school devolved authority to the school for proceeding authorities. The design and planning of a building with it to tender and construction. project is covered by stages 1 to 5, during which 406. Mr. P. McGrath asked the Minister for the project is developed from the assessment of Education and Science if a school (details site suitability, through the detailed design — supplied) in County Westmeath will proceed to including the obtaining of planning permission — construction before the end of 2005; and if she to the point where detailed bills of quantities are will make a statement on the matter. [23004/05] prepared. The project at the school in question will be allowed to progress up to and including Minister for Education and Science (Ms stage 5, bill of quantities. This is the final stage Hanafin): The project referred to by the Deputy before the invitation of tenders. is listed among the 122 large scale projects on the A decision on which school building projects current school building programme announced in will advance to tender and construction as part January for moving to tender and construction of the 2006 schools building and modernisation over a 12 to 15-month period. The Department’s programme will be taken later in the year. 1431 Questions— 29 June 2005. Written Answers 1432

409. Mr. P. McGrath asked the Minister for ability, through the detailed design, including the Education and Science when she will authorise obtaining of planning permission, to the point school (details supplied) in County Westmeath to where detailed bills of quantities are prepared. progress to construction phase; and if she will The project at the school in question will be make a statement on the matter. [23007/05] allowed to progress up to and including stage five, bill of quantities. This is the final stage before the Minister for Education and Science (Ms invitation of tenders. Hanafin): The building project for the school in A decision on which school building projects question is included in the recently announced list will advance to tender and construction as part of school projects to be progressed through archi- of the 2006 schools building and modernisation tectural planning in 2005. The building project is programme will be taken later in the year. at an early stage of architectural planning stage 412. Mr. P. McGrath asked the Minister for 1-2, developed sketches received. The stage sub- Education and Science when she will authorise mission is currently with the Department and will school (details supplied) in County Longford to be assessed by the Department’s staff in due progress to construction phase; and if she will course. When this analysis is complete the school make a statement on the matter. [23010/05] building section will be in contact with the school authorities. Minister for Education and Science (Ms A decision on which school building projects Hanafin): I have included the building project for will advance to tender and construction as part the school in question in my recently announced of the 2006 schools building and modernisation list of school projects to be progressed through programme will be taken later in the year. architectural planning in 2005. The refurbishment 410. Mr. P. McGrath asked the Minister for project at the school is at an early stage of archi- Education and Science when she will authorise tectural planning. A condition report has been school (details supplied) to progress to construc- received and will be assessed by the Depart- tion phase; and if she will make a statement on ment’s staff in due course. When this analysis is the matter. [23008/05] complete the school building section will be in contact with the school authorities. Minister for Education and Science (Ms The design and planning of a building project Hanafin): The building project for the school in is covered by stages 1 to 5, during which the pro- question is included in the recently announced list ject is developed from the assessment of site suit- of school projects to be progressed through archi- ability, through the detailed design, including the tectural planning in 2005. The building project is obtaining of planning permission, to the point at an early stage of architectural planning stage 3, where detailed bills of quantities are prepared. detail plans-costs received. The stage submission The project at the school in question will be is currently with the Department and will be allowed to progress up to and including stage 5, assessed by the Department’s staff in due course. bill of quantities. This is the final stage before the When this analysis is complete, the school build- invitation of tenders. ing section will be in contact with the school A decision on which school building projects authorities. will advance to tender and construction as part A decision on which school building projects of the 2006 schools building and modernisation will advance to tender and construction as part programme will be taken later in the year. of the 2006 schools building and modernisation 413. Mr. P. McGrath asked the Minister for programme will be taken later in the year. Education and Science when she will authorise 411. Mr. P. McGrath asked the Minister for school (details supplied) in County Westmeath to Education and Science when she will authorise progress to construction phase; and if she will school (details supplied) to progress to construc- make a statement on the matter. [23011/05] tion phase; and if she will make a statement on the matter. [23009/05] Minister for Education and Science (Ms Hanafin): I have included the building project for Minister for Education and Science (Ms the school in question in my recently announced Hanafin): I have included the building project for list of school projects to be progressed through the school in question in my recently announced architectural planning in 2005. The building pro- list of school projects to be progressed through ject is at an early stage of architectural planning, architectural planning in 2005. The building pro- stage 3, detail plans-costs received. The stage subject is at early architectural planning stage 2, out- mission is with the Department and will be line sketch scheme. My Department’s officials assessed by the Department’s staff in due course. recently wrote to the school authorities When this analysis is complete the school build- requesting a revised stage two submission and a ing section will be in contact with the school response is awaited. When the documentation is authorities. received the matter will receive further attention. A decision on which school building projects The design and planning of a building project will advance to tender and construction as part is covered by stages 1 to 5, during which the proof the 2006 schools building and modernisation ject is developed from the assessment of site suit- programme will be taken later in the year. 1433 Questions— 29 June 2005. Written Answers 1434

Schools Refurbishment. part-time hours. It is a matter for each school to determine the pupils with high incidence special 414. Mr. P. McGrath asked the Minister for education and learning support needs that will Education and Science the funds which have been receive this support. Each school will have allocate to primary and secondary schools under enough resource teaching hours to provide its the summer works scheme for 2005 and 2004; the pupils with a level of support appropriate to types of work covered by this scheme; the aver- their needs. age time of processing an application from when The school can then use its professional a school applies for the scheme to when it judgment to decide how these hours are divided receives funding; and if she will make a statement between different children in the school, to on the matter. [23012/05] ensure that all their needs are met. Research Minister for Education and Science (Ms shows that some children with special needs will Hanafin): The allocation for the 2004 summer respond better with one to one tuition. Others, works scheme was \31 million. The allocation for however, do better when taught in small groups. 2005 is \70.5 million. This includes an extra allo- Often it is best for resource teachers to work with cation of \8.5 million which I recently announced children in the classroom rather than taking them to enable projects in lower priority categories to away to a separate room, as the children then be carried out. The scheme covers necessary have to catch up work done by the rest of the small scale works in schools, such as gas works, class in their absence. The type of response electrical works, mechanical works, projects to needed depends on the child. facilitate access for all toilet facilities, some roof works, window projects, other structural improve- Teachers’ Remuneration. ments. It also includes external environment pro- 416. Mr. O’Shea asked the Minister for Edu- jects such as security fences or playgrounds. It cation and Science the reason a person (details further includes curricular requirement projects supplied) in County Waterford was not paid the such as science laboratories. arrears of pay due to vocational training oppor- The processing of the 2005 scheme, which was tunities scheme teachers with County Waterford streamlined following customer feedback, is used VEC; and if she will make a statement on the as an example of the average processing time for matter. [23065/05] applications. Closing date for receipt of applications was 5 November 2004. A list of successful Minister for Education and Science (Ms applicants was published on 7 March 2005. Hanafin): The vocational training opportunities Schools were notified of their funding allocation scheme is managed by the vocational education immediately thereafter. committees. Teachers who deliver the prog- The funding will be drawn down by schools at ramme are employees of the relevant vocational set stages in the delivery of the project. These education committees. Accordingly, questions stages are identified in the governing circular let- relating to the pay of an individual teacher in the ter together with my Department’s requirements scheme should be addressed to the employing to enable payments be made. vocational education committee.

Special Educational Needs. Vocational Education Committees. 415. Mr. Penrose asked the Minister for Edu- 417. Mr. Hayes asked the Minister for Edu- cation and Science if a person (details supplied) cation and Science if the legislation which abol- in County Westmeath, who has had a report pre- ished the dual mandate prevents Members of the pared on them by the clinical psychologist; and Oireachtas from being members of local Govern- which has been submitted to her Department will ment, the reason Senators are allowed to be be provided with the resource hours specified members of vocational education committees. therein, in order to help them to fulfil their edu- [23066/05] cational attainment; and if she will make a state- Minister for Education and Science (Ms ment on the matter. [23064/05] Hanafin): The legislation which prohibits dual Minister for Education and Science (Ms local authority and parliamentary membership is Hanafin): A new general allocation scheme has the Local Government Act 2001, as amended by been announced under which schools will be pro- the Local Government (No. 2) Act 2003. This vided with resource teaching hours, based on legislation is the responsibility of the Minister for their enrolment figures, to cater for children with the Environment, Heritage and Local Govern- high incidence special needs such as dyslexia and ment. Under the 2001 Act, a local authority, for those with learning support needs. these purposes, is defined as meaning a county The local special educational needs organiser council, city council or town council. The majority has determined that the special educational needs of members of vocational education committees of the pupil in question fall within the high incid- are drawn from membership of local authorities. ence disability categories and his needs can, A Senator could not become a member of a therefore, be catered for from within the school’s vocational education committee through this general allocation. The general allocation for the avenue. However, other members include those school in question is one full-time post and 2.5 elected by representatives of parents and staff 1435 Questions— 29 June 2005. Written Answers 1436

[Ms Hanafin.] My Department’s role would be in the area of and there would not appear to be a legal prohib- support for youth clubs when providing young ition against Senators becoming members of a people with positive social outlets. Funding is committee under these latter categories. provided to youth clubs under the local youth clubs grant scheme, which is administered by the Youth Services. vocational education committees. The purpose of 418. Mr. Hayes asked the Minister for Edu- these grants is to assist youth clubs in meeting the cation and Science if she will consider providing ongoing costs of their activities such as insurance, financial assistance to communities to meet the maintenance costs, etc., and to aid special youth costs of insurance, supervision, heating, lighting work initiatives, particularly those aimed at and so on, of parochial halls and schools during disadvantaged young people. out of school hours in parishes to provide young Third Level Fees. persons with a viable social alternative to the public house. [23067/05] 419. Mr. Hayes asked the Minister for Edu- cation and Science if she has plans to cap the Minister for Education and Science (Ms excessive fees being charged by third level insti- Hanafin): School facilities should be available to tutions for postgraduate courses in view of her the community outside of school hours — Departments policy of lifelong learning. whether for child care, adult education courses or [23068/05] as somewhere for local community groups to meet — provided this is feasible. My Department Minister for Education and Science (Ms issued a circular to the trustees, boards of man- Hanafin): Third level institutions are autonomous agement and principals of primary and voluntary bodies and can determine the level of tuition fees secondary schools in March encouraging them to to be charged for postgraduate courses. My make their facilities available to local community Department does not have a role in determining groups outside of school hours. Many schools the level of these fees. It should be remembered have an excellent record of doing so and have that students on maintenance grants are eligible become hives of local activity. to carry their grants through to postgraduate However, the State does not own the vast level. majority, more than 95%, of our schools. Most are owned by the religious. They are owned by Pupil-Teacher Ratio. their trustees and managed by their boards of 420. Mr. Hayes asked the Minister for Edu- management, whose right it is to decide on the cation and Science the measures being put in use of school facilities outside of school time, sub- place to reduce class sizes in primary schools to ject to the terms of any existing lease on the the recommended INTO rate of no more than 20 property. pupils per classroom. [23069/05] There is no doubt that are benefits for both the community and the school of enabling access to Minister for Education and Science (Ms school facilities outside of school hours. While Hanafin): Significant improvements have been the advantages for the community are obvious, made in the pupil-teacher ratio and in average benefits for the school include increased willing- class size in recent years. The average class size ness of local groups to provide placement for at primary level is now 23:9, down from 26:6 in work experience or outlets for community 1996-97. The pupil-teacher ratio, which includes service. Before permitting after-hours use, school all the teachers including resource teachers, has authorities should be satisfied that adequate fallen from 22.2:1 in the 1996-97 school year to insurance is in place to cover the activities in 17.44:1 in 2003-04. question and that the proposed use does not Over 4,000 additional teachers have been interfere in any way with the delivery of edu- employed in our primary schools since 1997. In cation in the school. allocating teaching posts, regard has been had to Schools’ running costs are met by my Depart- the commitments of the Government to reduce ment’s scheme of capitation grants. These grants class size, tackle educational disadvantage and to are intended to contribute towards the general provide additional resources for pupils with operating costs of schools, including heating, special educational needs. The additional teach- lighting, cleaning, insurance, painting, teaching ing posts created since 1997 have been deployed aids and other miscellaneous charges. The costs to address all of these priorities. incurred while the premises are being used out- A review of the allocation system of teaching side of school hours should be recouped by the support for pupils with special educational needs school from the groups hiring or otherwise avai- was recently completed. Arising from that review ling of the facilities. a new model has been introduced to replace that Regarding funding available, in particular, to which was notified to schools in June 2004. The child care providers who may, by local agree- introduction of this new system will involve the ment, use school facilities, the Deputy should be provision of an estimated additional 340 perma- aware of the funding announced by the Minister nent posts in primary schools from September for Justice, Equality and Law Reform last week next. A further 320 posts are being provided on that child care providers may access. a temporary basis to facilitate the transition to the 1437 Questions— 29 June 2005. Written Answers 1438 new system and to ensure continuity of service while and essential objectives of legislation in for children who have previously been given an recent years. individual allocation until those children leave The core purpose of the review I have set in the primary school system. The new system will motion is to focus sharply upon administrative greatly benefit schools and the children in schools processes and consequent administrative burdens that need additional support. which arise within the school as a result of regu- I recently launched the new action plan — lations and/or departmental requirements and to Delivering Equality of Opportunity in Schools — consider what scope exists for alleviating these or for educational inclusion. This plan will result in having them performed in a more efficient and reduced class sizes in schools serving the most less demanding manner from the perspectives of disadvantaged communities to 24:1 at senior level the school. and 20:1 at junior level. In line with Government In March, my Department wrote to the various policy, my Department will continue to provide representative bodies inviting them to consider further reductions in the pupil-teacher ratio where and in what way present processes can be within available resources and subject to spend- improved upon. My Department will work closely ing priorities within the education sector. Priority with all the parties involved to find meaningful will be given to pupils with special needs, those solutions in respect of this important issue. from disadvantaged areas and those in junior classes. School Completion Programme. 421. Mr. Hayes asked the Minister for Edu- 422. Mr. Hayes asked the Minister for Edu- cation and Science the resources and supports cation and Science the action being taken to being put in place to reduce the burden of over- extend the school completion programme to all work placed on teaching principals in primary schools. [23071/05] schools. [23070/05] Minister for Education and Science (Ms Hanafin): The new action plan for educational Minister for Education and Science (Ms inclusion, Delivering Equality Of Opportunity In Hanafin): In recent years, many improvements Schools, which I launched recently provides for a have been made to enable principal teachers in standardised system for identifying levels of dis- primary schools to perform their administrative advantage and a new integrated school support duties. Until the 1999-2000 school year, principals programme which will bring together and build were released from teaching duties to become upon several existing interventions for schools administrative principals where the school had a with a concentrated level of disadvantage. staffing of eight or more mainstream class The new action plan will be introduced on a teachers. From the commencement of the 2000- phased basis in the next school year and will 01 school year, administrative principals were involve an additional annual investment of \40 appointed to ordinary schools with seven main- million on full implementation. Approximately stream class teachers and in schools with a princi- 600 primary schools and 150 post-primary schools pal plus 11 or more teachers, including ex quota will be identified for participation in the school posts. Since the 2002-03 school year, administra- support programme arising from the identifi- tive principals may be appointed to schools where cation process and these will be targeted for part- there is a principal plus nine or more teachers, icular support over the next five years. The prog- including ex quota posts. ramme services will be extended to all urban- Arising from the implementation of the PCW town primary schools and second level schools agreement, significant improvements were intro- participating in it and not already benefiting from duced to the management structure of primary these services. Integration of school completion schools through the allocation of additional posts programme services into the school support prog- of responsibility. It is a matter for the boards of ramme framework will be effected over the five- management of schools to delegate functions to year implementation timeframe. post of responsibility holders. My Department is engaged in the development Question No. 423 answered with Question of a computerised on-line system for the sub- No. 398. mission of claims for the payment of certain categories of teachers. This system, when Schools Building Projects. implemented, is expected to further assist princi- 424. Mr. Hayes asked the Minister for Edu- pal teachers in the performance of their adminis- cation and Science the school building projects trative duties. In response to concerns raised which will be undertaken in South Tipperary in relating to the administrative burden placed on 2005. [23073/05] schools and the effect this places on administrative principals, I have already started a process of Minister for Education and Science (Ms review of the administrative burden imposed on Hanafin): I will arrange for a response to be for- schools arising from departmental and legislative warded to the Deputy at an early date. requirements. We can collectively seek opportunities to ensure that this burden is kept to the School Staffing. minimum, consistent with achieving the worth- 425. Mr. Hayes asked the Minister for Edu- 1439 Questions— 29 June 2005. Written Answers 1440

[Mr. Hayes.] 428. Mr. Hayes asked the Minister for Edu- cation and Science if a board of management of cation and Science if she will consider paying a primary school can hire an additional teacher parents to car-pool in sparsely populated rural out of its own resources where her Department areas in which school buses are operating with has refused the school an extra teacher. few students. [23077/05] [23074/05] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): I propose to take Questions Nos. 427 Hanafin): The mainstream staffing of a primary and 428 together. The loading of all school buses school is determined by applying the enrolment is determined by the relevant sections of the of the school on 30 September of the previous Road Traffic (Construction, Equipment and Use school year to a staffing schedule, agreed by my of Vehicles) Regulations, which are laid down by Department and the education partners. The the Department of Transport. The licensed carry- recruitment and appointment of teaching staff to ing capacity of all vehicles engaged in school a primary school is the responsibility of each indi- transport is based on a ratio of three pupils for vidual board of management. Any decision to every two adult seats, in accordance with regu- recruit and employ additional teachers in excess lations set by the Department of Transport. The of a school’s entitlement as determined by the Minister of State at the Department of Education staffing schedule is a matter for the board of and Science, Deputy de Valera, and I have management. decided to phase out the three for two seating arrangement on school buses over the next three Third Level Institutions. years, starting next September. 426. Mr. Hayes asked the Minister for Edu- The safety on school buses is of paramount cation and Science when students of the importance to my Department and Bus E´ ireann. Tipperary rural and business development If the Deputy has a specific case in mind where institute will be able to attend classes at the pro- he is concerned about pupil numbers on a school posed new campus at the Ballingarrane site in bus and communicates the details to the local Bus Clonmel. [23075/05] E´ ireann office, the matter will be investigated. I 429. Mr. Hayes asked the Minister for Edu- have no plans to depart from the existing school cation and Science when the construction of a transport arrangements, as suggested by the new Tipperary rural and business development Deputy. institute campus at the Ballingarrane site in Clonmel will commence. [23078/05] Question No. 429 answered with Question No. 426. Minister for Education and Science (Ms Hanafin): I propose to take Questions Nos. 426 430. Mr. Hayes asked the Minister for Edu- and 429 together. cation and Science the measures being put in The report of the capital review and prioritis- place to have appropriate supervision on school ation working group under the Higher Education buses. [23079/05] Authority, which was published last year, sets out a strategy to meet the future capital needs of the Minister for Education and Science (Ms third level sector. In its submission to the review Hanafin): I will await the outcome of the investi- group, Tipperary rural and business development gation being carried out into the circumstances of institute included a proposal to develop a perma- the accident referred to by the Deputy. nent campus in the planned Clonmel technology park, Ballingarrane Estate. The report of the Site Acquisitions. review group stated that the proposal, which involves the disposal of an existing property in 431. Mr. Stagg asked the Minister for Edu- Clonmel and the building of alternative facilities cation and Science further to Parliamentary without incurring any Exchequer funding, has Question No. 169 of 16 June 2005, if the OPW’s merit. My Department has recently given the attention has been drawn to the archaeological Tipperary rural and business development impact assessment report referred to; and its institute approval to proceed with seeking views on same. [23080/05] expressions of interest from private sector prop- Minister for Education and Science (Ms erty developers to determine exactly what could Hanafin): As I indicated in my reply to Question be provided at Ballingarrane in exchange for the No. 169 answered on 16 June 2005, the Office of institute’s current property in Clonmel. Public Works is continuing, in consultation with the local authority, to explore all possibilities School Transport. regarding the acquisition of a site for a new 427. Mr. Hayes asked the Minister for Edu- national school building for the area in question. cation and Science if she will consider paying That office is fully aware of the archaeological parents to car-pool in heavily populated urban report pertaining to the area and is making every areas in which school buses are frequently over- effort, in consultation with the local authority, to crowded. [23076/05] identify and secure a suitable site. 1441 Questions— 29 June 2005. Written Answers 1442

Higher Education Grants. in regard to the site; if it has been selected; when it will be announced and if funding has been pro- 432. Mr. Bruton asked the Minister for Edu- vided for his school. [23302/05] cation and Science the reason grant support for study overseas is confined to undergraduate level; Minister for Education and Science (Ms and if she will make a statement on the Hanafin): I propose to take Questions Nos. 433 matter. [23081/05] and 462 together. My Department is acutely aware of the urgent 464. Mr. Timmins asked the Minister for Edu- need for an accommodation solution for this cation and Science the grant assistance available school particularly given the limitations on the to a self employed person who takes up a post- existing arrangement and my Department is graduate course in England; and if she will make doing its utmost to achieve a satisfactory outcome a statement on the matter. [23446/05] at the earliest possible date. Minister for Education and Science (Ms To that end, the property management section Hanafin): I propose to take Questions Nos. 432 of the Office of Public Works has been actively and 464 together. engaged in seeking a suitable site for a new My Department’s third level student mainten- school building. Soil sampling was undertaken to ance grant schemes were extended to provide verify the suitability of a particular site. The maintenance grants to eligible students pursuing result of the tests has recently been received and approved full-time undergraduate courses of at all options will now be assessed. least two years duration, pursued in a university 434. Mr. G. Murphy asked the Minister for or a third level institution which is maintained or Education and Science when works will begin on assisted by recurrent grants from public funds, in a school (details supplied) in County Cork. other EU member states with effect from the [23102/05] 1996 to 1997 academic year. The extension of the schemes at that time did not include courses at Minister for Education and Science (Ms postgraduate level and accordingly, there is no Hanafin): An application for a new school has grant aid available under the schemes for been received from the management authorities students pursuing postgraduate studies outside of of the school referred to by the Deputy and has the island of Ireland. been assessed in accordance with the published Any extension of the current arrangements to prioritisation criteria, which was revised following provide for students pursuing postgraduate consultation with the education partners. The courses outside of the island of Ireland could only proposed project at the school referred to will be be considered in the light of available resources considered in the context of the school building and other competing demands within the edu- and modernisation programme 2005 to 2009. cation sector. At present, there are no plans to expand the provisions in the grant schemes in Special Educational Needs. relation to study abroad. However, section 21 of the Finance Act 2000, 435. Mr. Crawford asked the Minister for Edu- as amended by section 29 of the Finance Act cation and Science the way in which she will deal 2001, provides for the introduction of tax relief with small, mainly rural primary schools, regard- for postgraduate tuition fees paid in colleges out- ing the special needs of their children; her views side of Ireland. This relief, which is available from on whether all pupils have a right to be treated the tax year 2000 to 2001 onwards, applies at the fairly regardless of the area in which they live or standard rate of tax. Further details and con- the school to which they go; if two and three ditions in relation to this tax relief are available teacher schools especially will be dealt with in a from local tax offices. realistic and commonsense manner, taking into account their specific needs rather than only their Schools Building Projects. roll numbers; and if she will make a statement on the matter. [23103/05] 433. Dr. Cowley asked the Minister for Edu- cation and Science if the OPW has concluded the Minister for Education and Science (Ms soil sampling on the proposed site for the new Hanafin): As the Deputy is aware, a new scheme school to replace a school (details supplied) in for allocating resource teachers to schools to County Mayo; if the site selection process has cater for the needs of children with high incidence been completed; if the new school building will special needs and learning support needs, was be a permanent building; if an allocation will be announced last month. The reason for the new made from the capital programme 2005; if she scheme is simple. Children with special needs will pursue this matter with the greatest urgency; such as dyslexia or mild learning difficulties are and if she will make a statement on the found in almost every school. It makes sense that matter. [23101/05] every school should have a number of resource teaching hours based on the number of pupils in 462. Mr. Ring asked the Minister for Education the school. and Science further to the completion by the This is a major improvement on the previous OPW of its work regarding the site for a school system, under which children with high incidence (details supplied) in County Mayo, the position special needs required a psychological assessment 1443 Questions— 29 June 2005. Written Answers 1444

[Ms Hanafin.] been received from the management authorities before they were given resource teaching hours of the school referred to by the Deputy and has by the Department. This was a time-consuming been assessed in accordance with the published process that often led to delays in children getting prioritisation criteria, which was revised following the support they needed. Resource teachers will consultation with the education partners. The now be in place in the school from the start of proposed project at the school referred to will be the school year, so that children who need their considered in the context of the school building assistance can get it straight away. and modernisation programme 2005 to 2009. Under the new arrangement disadvantaged schools, boys schools and mixed schools get extra Ministerial Orders. resources, as research shows that pupils in these 437. Mr. Naughten asked the Minister for Edu- schools are more likely to have learning diffi- cation and Science the steps she has taken to culties. To ensure that every school has enough ensure her Department complies with the resource teaching hours to meet the needs of its decisions of the High Court of 6 March 2002 and pupils, an extra 660 resource teaching posts are of the Supreme Court of 16 July 2003 that any being put in place for next September. A total ministerial order having the effect of creating an of 340 of these are permanent posts and 320 are indictable offence is ultra vires; if this decision has temporary posts provided to ensure that children been upheld by her Department; and if she will who had been given an individual allocation of make a statement on the matter. [23138/05] resource teaching hours by my Department will keep these in situations where the general allo- Minister for Education and Science (Ms cation to the school would not be sufficient to Hanafin): All primary and secondary legislation allow the school to provide these hours from brought forward by my Department is prepared within its general allocation. initially by an internal legal services section. It is The provision of these temporary posts will then sent to the office of the Parliamentary Coun- ensure that no child who has been allocated a sel to the Government for drafting. In this way it specific number of hours with a resource teacher is examined by both in-house and external law- by my Department will lose these under these yers who take account of relevant case law and new arrangements. In fact the reality is that the the scope of ministerial powers as set down by majority of schools are gaining resource teaching statute. hours under the new scheme. Addressing the concerns of small and rural Special Educational Needs. schools was, as the Deputy will be aware, the 438. Mr. P. Breen asked the Minister for Edu- reason I initiated a review of the original general cation and Science further to Parliamentary allocation model which had been announced last Question No. 472 of 15 February 2005, the cur- year, to come into effect in the 2005 to 2006 rent status of an application for an autistic unit school year. Following this review, a special for a primary school (details supplied) in County improved ratio for small schools has been intro- Clare; if the Department have liaised with the duced to ensure they are given resource teaching National Educational Psychological Service hours on a more favourable basis. regarding the application; and if she will make a As of next September there will be more than statement on the matter. [23214/05] 5,000 teachers in our primary schools working directly with children with special needs, includ- Minister for Education and Science (Ms ing those requiring learning support. This com- Hanafin): My Department recently sanctioned a pares to under 1,500 in 1998. One out of every special class for autism at the school in question. five primary school teachers is now working A letter confirming the sanction has issued to specifically with children with special needs. The the school. Government, and I as Minister for Education and Science are deeply committed to improving Schools Building Projects. services for children with special needs. In 439. Mr. P. Breen asked the Minister for Edu- addition to the massive increase in resource cation and Science further to Parliamentary teachers in recent years, the introduction of this Question No. 218 of 1 December 2004, the status new general allocation scheme will ensure a faster of a proposed extension to a school (details and more flexible response for children with supplied) in County Clare; and if she will make a special educational needs. statement on the matter. [23215/05] Schools Building Projects. Minister for Education and Science (Ms Hanafin): An application for an extension has 436. Mr. Crawford asked the Minister for Edu- been received from the management authorities cation and Science the position regarding the proof the school referred to by the Deputy and has posal to extend and restructure a school (details been assessed in accordance with the published supplied) in County Monaghan; and if she will prioritisation criteria, which was revised following make a statement on the matter. [23104/05] consultation with the education partners. Minister for Education and Science (Ms The proposed project at the school referred to, Hanafin): An application for an extension has will be considered in the context of the school 1445 Questions— 29 June 2005. Written Answers 1446 building and modernisation programme 2005 to cation and Science if her Department will provide 2009. a new roof at a post primary school (details supplied) in County Clare; and if she will make a 440. Mr. P. Breen asked the Minister for Edu- statement on the matter. [23228/05] cation and Science further to Parliamentary Question No. 2004 of 18 February 2004, the cur- Minister for Education and Science (Ms rent status of an application for an extension to a Hanafin): The OPW will provide a new roof at school (details supplied) in County Clare; and if the school in question shortly on behalf of my she will make a statement on the matter. Department. [23216/05] Departmental Property. Minister for Education and Science (Ms 444. Mr. Timmins asked the Minister for Edu- Hanafin): The school in question has accepted a cation and Science when a college (details grant for the provision of an extension under the supplied) in County Dublin was sold; the persons 2005 small schools initiative which I announced who purchased it; the amount it sold for; if it was earlier this year. The school authority is managing sold by private treaty, tender or public auction; this project on a devolved basis and I understand and if she will make a statement on the the project is due to go on site in late 2005 or matter. [23263/05] early 2006. Minister for Education and Science (Ms School Staffing. Hanafin): The sale of the college to which the Deputy refers in October 1989 and the sub- 441. Mr. P. Breen asked the Minister for Edu- sequent sale in June 1990 were private sales and cation and Science further to Parliamentary as such, my Department has no details of the sale Question No. 684 of 14 June 2005, if a full-time arrangements. Records within my Department resource teacher for a school (details supplied) in indicate that the college was sold in October 1989 County Clare will be in place for 1 September to Davmac Developments Limited. The first 2005; and if she will make a statement on the interim report of February 1992 on the 1990 matter. [23217/05] Report of the Comptroller and Auditor General Minister for Education and Science (Ms into this matter stated that “the property was sold Hanafin): My Department is examining the appli- to a private developer in June 1990 for a sum cation for a resource teacher for Traveller chil- reputedly in the range of £6.25 million, or \7.94 dren in the school in question and in this regard million, to £6.5 million, or \8.25 million”. my officials have been in recent contact with the school authorities. Every effort will be made to Schools Building Projects. convey an early decision to the school. 445. Mr. Lowry asked the Minister for Edu- cation and Science her views on correspondence Special Educational Needs. (details supplied); and if she will make a state- 442. Mr. P. Breen asked the Minister for Edu- ment on the matter. [23264/05] cation and Science further to Parliamentary 446. Mr. Lowry asked the Minister for Edu- Question No. 486 of 30 November 2004, if her cation and Science if she will review the file relat- Department has received an application for ing to a school (details supplied) in County special needs assistant support for a child (details Galway in view of the imminent expiry of plan- supplied) in County Clare; if so, the current status ning permission for a building project; if she will of the application; and if she will make a state- sanction the school to allow for works to comment on the matter. [23218/05] mence; and if she will make a statement on the Minister for Education and Science (Ms matter. [23265/05] Hanafin): The Deputy will be aware that the Minister for Education and Science (Ms National Council for Special Education, NCSE, Hanafin): I propose to take Questions Nos. 445 which was established recently and which has and 446 together. been operational since 1 January 2005 is respon- The extension project for the school referred sible for processing applications for special edu- to by the Deputy is at the early stages of architec- cational needs, SEN, supports in primary schools tural planning. Given a significant decrease in and special schools. A total of 71 special edu- enrolment at the school since the project was first cational needs organisers, SENOs, have been approved, my officials are engaged with the recruited throughout the country and are a focal school authorities on the precise accommodation point of contact for schools and parents. My requirements at this time and to cater for the long officials are currently liaising with the NCSE term projected enrolment. Before committing regarding SEN supports for the pupil referred to capital resources to this project, it is essential to by the Deputy. Direct contact will be made with consider factors such as current and projected the school authorities in the coming days. pupil numbers at the school, demographic trends and the likely impact of housing developments in Schools Refurbishment. the area. When this matter is finalised, consider- 443. Mr. P. Breen asked the Minister for Edu- ation will be given to furthering the project in the 1447 Questions— 29 June 2005. Written Answers 1448

[Ms Hanafin.] it is the SNA who is attached to the child who context of the school building and modernisation has been identified as no longer needing the programme 2005 to 2009. services of an SNA that should be released. A copy of this letter has also been published on my Site Acquisitions. Department’s website www.education.ie. 447. Mr. Timmins asked the Minister for Edu- My Department had been engaged in dis- cation and Science if she will purchase the prop- cussions with the trade union representing special erty at a school (details supplied) in County needs assistants, SNAs, under the auspices of the Wicklow which is currently for sale to use as a Labour Relations Commission, on a number of third level education centre; and if she will make issues relating to the employment of SNAs, a statement on the matter. [23266/05] including the matters raised by the Deputy. These discussions have now concluded. One of Minister for Education and Science (Ms the proposals that has been accepted by both par- Hanafin): My department has no plans to acquire ties is to agree to enter into negotiations at an the property to which the Deputy refers. early date with a view to devising a suitable system for redeployment having regard to the Special Educational Needs. complexities involved. It would be the objective 448. Ms C. Murphy asked the Minister for Edu- that this process be finalised for the end of the cation and Science the number of special needs next school year. assistants assigned to schools (details supplied) in Applications for SNA support are now dealt County Kildare; the number of these that will with by the National Council for Special Edu- have their contracts renewed prior to the ending cation which processes all applications for sup- of the current school year; if she intends to put a port from schools and communicates the more formal structure in place for SNAs given decisions directly to the schools. At this stage, the that many are investing their own funds in train- council has dealt with all new applications from ing and have built up valuable experience; and if schools for SNAs that will be required from the she intends to introduce specific contracts. beginning of September 2005. [23267/05] The Deputy will be aware that this Govern- ment has put in place an unprecedented level of Minister for Education and Science (Ms support for children with special needs. Since Hanafin): There are currently 308 special needs 1998, the number of SNAs has increased from assistants (SNAs), employed in 80 primary less than 300 to more than 6,000 nationally. In schools in County Kildare on my Department’s addition to this, more effective systems, such as payroll. It is not possible to say how many of the establishment of the National Council for these SNAs will have their contracts renewed for Special Education, have been put in place to the new school year. The situation in relation to ensure that children get support as early as the retention of SNAs by schools can vary from possible. school to school depending on the needs of the individual children and whether or not the chil- 449. Ms C. Murphy asked the Minister for Edu- dren are due to leave school at the end of this cation and Science the policy in her Department school year. Responsibility for the recruitment for progression to second level schools for chil- and employment of SNAs rests with the relevant dren with autism; the provision her Department school authorities and it is a matter for the school has made now that some are in their final year of authorities to inform SNAs employed by them of primary education and require places in the situation for the 2005 to 2006 school year. My September of this year. [23268/05] Department is currently drafting sample contracts in consultation with management and union rep- Minister for Education and Science (Ms resentatives. These will be made available to the Hanafin): My Department already supports the management bodies as soon as possible. education of individual students with autism in My Department has recently issued a letter to various second level schools throughout the coun- schools who have surplus SNA staff which con- try. Discussions are taking place with the manage- tained guidelines for schools in selecting staff that ment authorities of a small number of schools should be let go. The letter confirmed that the with a view to establishing second level provision selection criteria for determining whose contract for groups of children with autism who are now should be terminated will be on a last in, first out, coming to a transition stage and are about to LIFO, basis, subject to the contractual position move from primary to second level. Organising pertaining in schools. This means that unless the such provision is a significant task of the National most junior SNA in the school has a written child- Council for Special Education. specific contract that entitles her or him to remain The National Council for Special Education, in the school, her or his contract should be NCSE has been established as an independent terminated on the basis that she or he is the most statutory body with responsibilities as set out in junior SNA in the school in terms of length of the National Council for Special Education service. If however the school has operated on (Establishment) Order 2003. With effect from 1 the basis of employing all SNAs on child specific January 2005, the NCSE through local special contracts and offered such contracts to the SNAs, educational needs organisers, SENOs, are pro- 1449 Questions— 29 June 2005. Written Answers 1450 cessing resource applications for children with of population growth (details supplied). special educational needs. Where a pupil with [23271/05] special educational needs enrols in a post primary Minister for Education and Science (Ms school, it is open to the school to apply to the Hanafin): I propose to take Questions Nos. 451 local SENO for additional teaching support and 452 together. and/or special needs assistant support for the The information in the format requested by the pupil. Deputy is not readily available. However, the 450. Ms C. Murphy asked the Minister for Edu- Deputy will be aware that my Department has cation and Science if a second level school place made a number of interventions in the areas con- rather than a place of care will be provided this cerned in recent years to ensure that there are September for a person (details supplied) in adequate pupil places to meet demand. Specifi- County Kildare and if so where. [23269/05] cally, the management authority of St. Patrick’s post primary school, County Kildare VEC, is cur- Minister for Education and Science (Ms rently progressing plans to relocate the school Hanafin): I understand the pupil in question has and extend capacity to 1,000 pupils. An extension been offered an educational placement in two project is under construction at St. Mary’s special schools in County Kildare but that her College which will increase capacity at that school parents would prefer if she went to a different to 900 pupils. A similar extension is under con- special school, which has not accepted her enrol- struction at Meanscoil Iognaid Ris and further accommodation needs at the school are currently ment application. Enrolment decisions are the in planning. In Kilcock an extension project at responsibility of the board of management of Scoil Dara was recently completed which has each school. The Department has no role in pro- increased capacity to 875 pupils. In addition, the cessing applications for enrolment by schools. following extension projects have been author- However, section 29 of the Education Act 1998 ised to progress to tender and construction in the provides parents with an appeal process where a coming months — Newbridge College, Maynooth board of management of a school or a person act- post primary and St. Farnan’s, Prosperous. ing on behalf of the board refuses enrolment to a All of these initiatives represent huge capital student. Where a school refuses to enrol a pupil, investment and demonstrate my commitment to the school is obliged to inform parents of their meeting the needs of the areas concerned. The right under section 29 of the Education Act 1998 school planning section of my Department will to appeal that decision to the Secretary General keep the position under review going forward to of my Department. Where an appeal under ensure that any additional emerging needs are section 29 is upheld, the Secretary General of my met as expeditiously as possible. Department may direct a school to enrol a pupil. The local special educational needs organiser, Special Educational Needs. SENO, can help parents to secure an appropriate placement for their child. Contact details of the 453. Mr. Bruton asked the Minister for Edu- relevant SENO are available on my Depart- cation and Science if her attention has been ment’s website. The National Educational Wel- drawn to the cases of children who have lost fare Board, NEWB, is a further statutory agency special learning support or other assistance as a result of the introduction of the new weighting which can assist parents who are experiencing dif- scheme for special education needs; if she will ficulty in securing a school place for their child. indicate how this new approach is consistent with The NEWB can be contacted at National Edu- the professed commitment of the Government to cational Welfare Board, National Headquarters, the right of every person with a special learning 16-22 Green Street, Dublin 7 or by telephone at need to an assessment; if she will make a state- 01 8738700. ment on the need for and delivery of service based on that statement of need. [23272/05] School Places. 454. Mr. Bruton asked the Minister for Edu- 451. Ms C. Murphy asked the Minister for Edu- cation and Science the criteria which have been cation and Science the number of second level used in her most recent allocation of additional school places her Department will have in place teaching resources for children with special in the following areas (details supplied) for needs; the number of schools that have benefited September 2004 and September 2005 and the and the number of schools where she estimates number of pupils expected to seek places. there is a need for additional allocation in the [23270/05] future based on this criteria. [23273/05] 452. Ms C. Murphy asked the Minister for Edu- Minister for Education and Science (Ms cation and Science the way in which she intends Hanafin): I propose to take Questions Nos. 453 to provide for pupils seeking places in 2005 in and 454 together. second level schools who were formally in the As the Deputy is aware, a new scheme for allo- catchment area for schools in Naas, Clane, Cel- cating resource teachers to schools to cater for bridge and Maynooth and now find that the the needs of children with high incidence special catchment area is restricted because of pressure needs and learning support needs was announced 1451 Questions— 29 June 2005. Written Answers 1452

[Ms Hanafin.] new arrangements. The reality is that the majority last month. The reason for the new scheme is sim- of schools are gaining resource teaching hours ple. Children with special needs such as dyslexia under the new scheme. or mild learning difficulties are found in almost I stress that despite misleading claims to the every school. It makes sense then that every contrary, the new scheme does not prevent school should have a number of resource teaching schools from giving one-to-one time with a hours based on the number of pupils in the resource teacher to any child who needs such sup- school. port. Rather, it ensures that each school has This is a major improvement on the previous enough resources to ensure that each child gets a system under which children with high incidence level of support appropriate to their individual special needs required a psychological assessment needs. before they were given resource teaching hours The school can then use its professional by the Department. This was a time consuming judgment to decide how these hours are divided process that often led to delays in children getting between different children in the school to ensure the support they needed. Resource teachers will that all their needs are met. Research shows that now be in place in the school from the start of some children with special needs will respond the school year so that children who need their better with one-to-one tuition. Others, however, assistance can get it straight away. do better when taught in small groups. Often it is Under the new arrangement disadvantaged best for resource teachers to work with children schools, boys schools and mixed schools get extra in the classroom rather than taking them away to resources as research shows that pupils in these a separate room as the children then have to schools are more likely to have learning diffi- catch up work done by the rest of the class in culties. Under the new model a new ratio has their absence. The point is that the type of been introduced for small schools with a lower response needed depends on the child. appointment ratio for the first full post for each While the new scheme will not prevent schools type of small school. from giving one-to-one time with the resource As differing pupil teacher ratios apply to boys’ teacher to children that need it, it is important to schools, mixed schools and girls’ schools for the note that one-to-one teaching is not the best purposes of the general allocation system, a small school in the case of boys’ schools is defined as a option for every child. It is also the case that school with fewer than 135 pupils, in the case of pupils with lower incidence special needs, such as a mixed schools as a school with fewer than 145 autism, will continue to be catered for on an indi- pupils and in the case of a girls’ school as a school vidual application basis. with fewer than 195 pupils. Small boys’ schools As of next September, there will be more than will now qualify for their first post at 100 pupils. 5,000 teachers in our primary schools working Small mixed schools will qualify for their first directly with children with special needs, includ- post at 105 pupils. Small girls’ schools will qualify ing those requiring learning support. This com- for their first post at 150 pupils. pares to fewer than 1,500 in 1998. One out of All allocations up to the point for the first full every five primary school teachers is now working post will be made on a pro rata basis. If a small specifically with children with special needs. boys school has just 50 pupils, for example, it will It is anticipated that a review of the general get 0.5 of a post. The allocations between the allocation model will be undertaken after two point of the first full post and the cut off enrol- years of operation. However, in regard to ment point for small schools will stay at one post, disadvantaged schools the position may be that is, a small boys school with between 100 and reviewed at an earlier stage in the context of the 135 pupils will get one full post. These changes development of a new policy framework for edu- represent a substantial improvement for small cational inclusion. schools on the original model. The Government and I, as Minister for Edu- To ensure that every school has enough cation and Science, are deeply committed to resource teaching hours to meet the needs of its improving services for children with special pupils, an extra 660 resource teaching posts are needs. In addition to the massive increase in being put in place for next September. Some 340 resource teachers in recent years, the introduc- of these are permanent posts and 320 are tempor- tion of this new general allocation scheme will ary posts being provided to ensure that children ensure a faster and more flexible response for who had been given an individual allocation of children with special needs. resource teaching hours by my Department will keep these in situations where the general allo- 455. Mr. Bruton asked the Minister for Edu- cation to the school would not be sufficient to cation and Science if her Department has allow the school to provide these hours from assessed the adequacy of places for children with within its general allocation. emotional and behavioural problems who need The provision of these temporary posts will special attention which would not be available in ensure that no child who has been allocated a the ordinary classroom setting; and her plans to specific number of hours with a resource teacher develop additional resources to cater for children by my Department will lose these under these with these special needs. [23274/05] 1453 Questions— 29 June 2005. Written Answers 1454

Minister for Education and Science (Ms both primary and post primary education infra- Hanafin): My Department has sanctioned the fol- structure in New Ross which included consul- lowing provision for pupils with emotional and tation with the trustees of the existing schools. In behavioural problems at primary school level: addition, a technical assessment has been carried eight special classes for pupils with emotional out on all post primary facilities with an equiv- behavioural problems; six special classes for alent assessment at primary level due to take pupils with severe emotional behavioural prob- place shortly. lems; two special classes for pupils with ADHD The technical assessment aspect is the final in mainstream primary schools. All such classes strand required to enable a decision on edu- operate at a pupil teacher ratio, PTR, of 8:1 with cational infrastructure for the New Ross into the the support of a minimum of one special needs future. School planning section is endeavouring assistant. Classes for children with more severe to bring this matter to a conclusion as quickly as disorders operate at a PTR of 6:1. possible. In addition, there are 12 special schools for pupils with emotional disturbance. The special 457. Mr. Kehoe asked the Minister for Edu- educational needs of the children in question can cation and Science the plans she has for primary be addressed in special dedicated schools, in education in Enniscorthy, County Wexford; if her special dedicated classes attached to ordinary attention has been drawn to the accommodation schools, or on an integrated basis in ordinary problems; if she intends carrying out a report on schools. Decisions regarding the most appro- education in Enniscorthy; if so, when this report priate model of response in each case are based will be ready; and if she will make a statement on on the professionally assessed needs of the indi- the matter. [23276/05] vidual pupil. Many pupils with the conditions in question are capable of attending ordinary Minister for Education and Science (Ms schools on an integrated basis with the support, Hanafin): The school planning section of my where necessary, of the resource teacher and-or Department has received a number of appli- special needs assistant services. Where the level cations for additional accommodation from of the disorder is of a more serious nature, pro- schools in Enniscorthy. In response to these vision is made by way of special schools or special applications, the school planning section has classes attached to ordinary schools. It is my decided to undertake a review of provision in the intention to continue to build on these devel- area at both primary and post primary level. This opments so as to ensure that all children, includ- review will be undertaken later this year. ing children with emotional and behavioural problems, receive the support they require. Special Educational Needs. The National Council for Special Education, NCSE, has been established as an independent 458. Mr. Kehoe asked the Minister for Edu- statutory body with responsibilities as set out in cation and Science the extent to which she can the National Council for Special Education assist persons diagnosed by an education psychol- (Establishment) Order 2003. The NCSE through ogist with learning difficulties whose applications local special educational needs organisers, were submitted to the Department over the past SENOs, is responsible for processing resource two years and whose applications were neither applications for children with special educational turned down nor granted; and if she will make a needs from 1 January 2005. statement on the matter. [23277/05] Where a pupil with special educational needs Minister for Education and Science (Ms enrols in a primary or post primary school, it is Hanafin): Where a pupil has a high incidence dis- open to the school to apply to the local SENO for ability, that is, those with mild or borderline mild additional teaching support and-or special needs general learning disability, dyslexia or a learning assistant support for the pupil. I am confident the support need, these needs will now be catered for establishment of the NCSE will prove of major from within the general allocation system benefit in ensuring that all children with special educational needs receive the support they recently announced to schools. Any pupils within require when and where they require it. these categories, for whom applications were previously submitted to my Department now fall to School Accommodation. be catered for from within this allocation. The school can use its professional judgment 456. Mr. Kehoe asked the Minister for Edu- to decide how these hours are divided between cation and Science the plans she has for primary different children in the school to ensure that all education for New Ross town, County Wexford; their needs are met. Research shows that some the investigation which has been carried out and children with special needs will respond better the findings of same; when the findings will be with one-to-one tuition. Others, however, do implemented; and if she will make a statement on better when taught in small groups. Often it is the matter. [23275/05] best for resource teachers to work with children Minister for Education and Science (Ms in the classroom rather than taking them away to Hanafin): The school planning section of my a separate room as the children then have to Department is finalising its in depth analysis of catch up work done by the rest of the class in 1455 Questions— 29 June 2005. Written Answers 1456

[Ms Hanafin.] Inquiry into Child Abuse. their absence. The point is that the type of 460. Mr. Penrose asked the Minister for Edu- response needed depends on the child. cation and Science the plans her Department has While the new scheme will not prevent schools to include other institutions under the schedule from giving one-to-one time with the resource of the Redress Act 2002; when they will be so teacher to children that need it, it is important to added or included as the deadline for inclusion is note that one-to-one teaching is not the best December 2005; and if she will make a statement option for every child. It is also the case that on the matter. [23279/05] pupils with lower incidence special needs, such as autism, will continue to be catered for on an indi- Minister for Education and Science (Ms vidual application basis. Hanafin): Section 4 (1) of the Residential Insti- tutions Redress Act 2002 enables the Minister for School Accommodation. Education and Science to make an order providing for the insertion of additional institutions, in 459. Mr. Penrose asked the Minister for Edu- which children were placed and resident, in the cation and Science her plans to provide new and schedule of the Act. To be considered for additional accommodation at a school (details inclusion in the schedule, the institution con- supplied) in County Westmeath and if she is in cerned must have been regulated or inspected by a position to ensure the provision of this much a public body. On 9 November 2004, I signed an required accommodation in this area which has order which provided for the inclusion of 13 an expanding population; and if she will make a additional institutions in the schedule. statement on the matter. [23278/05] Further consultations have taken place between my Department and other Departments Minister for Education and Science (Ms which may have provided a regulatory or inspec- Hanafin): It is understood that the Deputy is tion function in the operation of a number of referring to a primary school in Rathwire, County additional institutions in order to ascertain the Westmeath. My Department does not have an case for their inclusion under the Act. I propose application for capital funding from this school. to add other institutions to the list and a draft However, the Deputy will be aware that recently order is currently before the Houses of the a new planning model for educational infrastruc- Oireachtas on this matter. ture was introduced to ensure that, in future, school provision will be decided after a trans- Special Educational Needs. parent consultation process. 461. Ms Enright asked the Minister for Edu- In this regard, trustees, parents, sponsors of cation and Science if she has reviewed the prospective schools and all interested parties resource hours application of a person (details from a locality will have the opportunity to have supplied); if her Department has received further their voices heard in the process. The main fea- correspondence from a school in relation to this ture of the new model being introduced initially child; and if she will make a statement on the on a pilot basis in five specific areas is the publi- matter. [23301/05] cation of a draft area development plan which will set out a blueprint for education infrastruc- Minister for Education and Science (Ms ture in a particular area into the future. Hanafin): The Deputy will be aware that the The components of the draft area development National Council for Special Education, NCSE, plan are as follows: Details of existing primary which was established recently, and which has and post primary provision examination of the been operational since 1 January 2005 is respon- demographics of the area commentary on the sible for processing applications for special educational needs, SEN, supports. Some 71 special data recommendations for the area into the educational needs organisers, SENOs, have been future. Following publication of each draft area recruited throughout the country and are a focal development plan, the Commission on School point of contact for schools and parents. Accommodation will conduct a public consul- My officials have been advised by the NCSE tation process to which all interested parties can that an application has been received for individ- make submissions. All of these submissions will ual resource teaching support and special needs be published. The process in each case will culmi- assistant report for the pupil referred to by the nate in the publication of a final area develop- Deputy. The local SENO has sanctioned five ment plan against which all capital funding hours special needs assistant support for the pupil decisions will be made over the next decade. in question and the school authorities have been The needs of the school to which the Deputy notified accordingly. The situation will be refers is being considered through the process reviewed again in September 2005. outlined above as it forms part of one of the pilot On resource teaching support, the SENO has area development plans. The Commission on determined that the special educational needs, School Accommodation has completed the public SEN, of the pupil in question falls within the high consultation process for this particular plan and incidence disability categories and her needs it hopes to be in a position to publish its final therefore can be catered for from within the report shortly. school’s general allocation. The general allo- 1457 Questions— 29 June 2005. Written Answers 1458 cation for the school in question is 17.5 part time 2004 to 2005 and these funds have now been hours. It is a matter for each school to determine spent. the pupils with high incidence special education The Deputy should note that the proportion of and learning support needs that will receive this the budget in the Department of Education and support. Each school will have enough resource Science that was underspent between 1997 and teaching hours to provide its pupils with a level 2004 represented just 1.5% of the Department’s of support appropriate to their needs. The school cumulative budget of more than \35 billion dur- can then use its professional judgment to decide ing that time. Underspending and overspending how these hours are divided between different can occur in parts of any Department’s budget for children in the school to ensure that all their several reasons. In relation to underspending in needs are met. my Department’s budget, looking at even just the Research shows that some children with special past two years illustrates the inaccuracy of some needs will respond better with one-to-one tuition. of the remarks made in the media recently Others, however, do better when taught in small about underspending. groups. Often it is best for resource teachers to In 2003 and 2004, the majority of the under- work with children in the classroom rather than spending returned to the Department of Finance taking them away to a separate room as the chil- by my Department is accounted for by ESF dren then have to catch up work done by the rest receipts received late in the year. As the ESF of the class in their absence. The point is that the receipts had not been received by late in the year, type of response needed depends on the child. my Department prudently sought a Supplemen- tary Estimate to cover the possibility that these Question No. 462 answered with Question might not be received before year end to avoid No. 433. an overspend in the Department’s accounts for the year. When the ESF receipts came through Schools Refurbishment. before year end in 2003 and 2004, they were then 463. Ms Burton asked the Minister for Edu- naturally passed on to the Department of cation and Science the capital and current under- Finance. spend in her Department from 1998 to date; if Some \45 million of the \95 million returned she has proposals to use the underspend to fund to the Department of Finance in 2004 and \37 vital capital investment in the refurbishment of a million of the \51 million returned in 2003 was school (details supplied) and the development of thus made up of ESF receipts received late in the the long promised sports hall at a college (details year. As the Deputy will be aware, the point of supplied); and when these works will com- the Supplementary Estimates process is to mence. [23331/05] provide Oireachtas approval for whatever additional funding is required to avoid an excess, Minister for Education and Science (Ms such as in a situation where expected ESF Hanafin): The details of the annual surrender fig- receipts might not arrive before year end. ures for the years 1997 to 2004 are listed as Towards year end the Department, in almost follows. all cases, has fully spent, or will spend, the approved allocations for the year but the combi- The surrender figures are net figures which take account of under-overspends throughout the Department’s Vote. nation of uncertainties over some demand-led areas combined with uncertainty over when ESF Year Annual Budget Underspend Underspend receipts will arrive require that for prudential as%of reasons a Department must have Oireachtas Budget authority for either eventuality, and thus have a \\% certain level of underspending. The fact that some expenditure is necessarily 1998 3,187,000,000 31,030,000 1 demand-led is another factor that should not be 1999 3,530,000,000 38,400,000 1 overlooked. The eventual cost of demand-led 2000 4,140,000,000 100,900,000 2.40 expenditure items such as pensions or the student 2001 4,730,000,000 76,900,000 1.60 support schemes, for example, is obviously 2002 5,280,000,000 84,600,000 1.60 impossible to estimate with absolute accuracy. The application for capital funding from the 2003 5,730,000,000 51,800,000 0.90 school to which the Deputy refers was assessed 2004 6,450,000,000 95,200,000* 1.48 against the published prioritisation criteria for *Under the arrangements for the multi-annual capital prog- large scale building projects which were revised ramme, \50 million of the voted capital expenditure for 2004 last year following consultation with the edu- was carried over by my Department to be spent in 2005. cation partners. Under this review all projects were assigned a band rating and the progress of Prior to 2004 funds unspent by the Department individual projects is being considered in the con- were surrendered to the Exchequer. From 2004 text of the school building programme 2005-09. unspent capital moneys capped at 10% of that year’s allocation were permitted to be carried for- Question No. 464 answered with Question ward to the following year. My Department car- No. 432. ried forward \50 million capital moneys from 1459 Questions— 29 June 2005. Written Answers 1460

School Transport. such schools may, for the purposes of creating temporary full-time posts, form clusters to com- 465. Ms Enright asked the Minister for Edu- bine permanent part-time hours allocated under cation and Science if, in view of the removal of the three for two rule, two buses will be provided the general allocation model with hours allocated on the Daingean-Tullamore route; and if she will for individual children with low incidence dis- make a statement on the matter. [23447/05] abilities, or transitional hours retained for children with high incidence disabilities. Again, any Minister for Education and Science (Ms schools wishing to form such temporary full-time Hanafin): I indicated that the three for two seat- posts should contact my Department’s special ing arrangement will be phased out over a three education section in writing with details of their year period or sooner, if possible. It is too early proposal. This arrangement will apply for the to say what the seating arrangements will be on 2005-06 school year only and is being facilitated individual school bus routes for the next school on the understanding that, as pupils with an indi- year until all relevant information has been vidual allocation of hours leave the school at the received and processed. end of that school year, the full-time temporary posts will be adjusted to the appropriate reduced Special Educational Needs. level of part-time hours. 466. Mr. Hayes asked the Minister for Edu- The schools in question have submitted a pro- cation and Science if she will give an update in posal regarding a revision of the clustering an application by a school (details supplied) in arrangements notified to them. The proposal County Tipperary for a special needs teacher on involves dissolving the cluster arrangements noti- a shared basis with two other schools in the fied to them and creating a new permanent teach- area. [23462/05] ing post among the three schools. My officials are currently examining the proposal and will be in Minister for Education and Science (Ms further contact with the school authorities as Hanafin): As the Deputy is aware, my Depart- quickly as possible. ment has issued a letter to all primary schools My Department is also finalising a circular for notifying them of their teaching allocation under schools which will contain detailed information the new general allocation model for the 2005-06 on how the new system will operate. It is intended school year. The letter also includes details of any that this circular will issue at an early date. It is clustering arrangements that may apply. The also intended that this circular will address issues three schools in question have been arranged in that have been raised by schools with my Depart- different cluster arrangements under the new ment since the system was notified to schools in model. mid-May. One of the objectives of the general allocation model is to maximise the extent of full-time permanent posts available to support the needs of Drug Prevention Education. pupils with higher-incidence special educational 467. Mr. Kenny asked the Minister for Edu- needs and learning support teacher requirements. cation and Science if drug prevention education Clustering facilitates the assignment of experi- is intended to be provided as part of the training enced teachers as well as allowing for better train- curriculum for trainee students; if so, when this ing of resource teachers on the basis that perma- aspect of training will commence; and if she will nent posts will retain teachers for longer periods. make a statement on the matter. [23465/05] This ultimately benefits the pupils. To this end, schools, particularly those with Minister for Education and Science (Ms small enrolments, have been grouped in clusters Hanafin): Drug prevention education is currently where possible. In general, the permanent post one component of the social, personal and health allocation clustering arrangements cannot be alt- education, SPHE, programme of pre-service edu- ered unless in exceptional circumstances such as cation for all primary student teachers in each geographical location. college of education. For post primary student Part-time hours have been provided to schools teachers, the SPHE programme is offered as an in cases where it was not possible to form a clus- elective on the higher diploma in education. ter of general allocation hours. Schools allocated While initial teacher training provides gradu- part-time permanent hours may be aware of a ates with the knowledge and skills required to local school or schools with part-time permanent deliver the curriculum, my Department provides hours that when combined could form a full-time a range of opportunities and supports to teachers permanent post. It is open to any such schools to enable them to keep up to date. Drug preven- wishing to form a cluster by combining these tion is well addressed within these. hours to contact my Department’s special edu- The primary curriculum support programme, cation section in writing with details of their pro- PCSP, delivered a two-year in-service programme posal. It should be noted that these arrangements in 2001-02 and 2002-03 to all primary school apply to staffing associated with the general allo- teachers on the implementation of the new social, cation model only. personal and health education, SPHE, curriculum Where it is not possible for schools to form per- for primary schools which includes the area of manent posts under the general allocation model, substance use. 1461 Questions— 29 June 2005. Written Answers 1462

Throughout 2003-04 and 2004-05, the support Special Educational Needs. programme continued to offer dedicated support 468. Mr. Naughten asked the Minister for Edu- to all schools. During this two-year period the cation and Science if additional resource hours programme also provided additional support will be provided for a person (details supplied) in through afternoon seminars, evening prog- County Sligo; and if she will make a statement on rammes for school policy committees consisting the matter. [23472/05] of parents’ representatives and designated teachers and additional school visits. In addition Minister for Education and Science (Ms workshops and information evenings were pro- Hanafin): The Deputy will be aware that the vided nationally through the network of edu- National Council for Special Education, NCSE cation centres. The PCSP website, www.pcsp.ie, which was established recently and which has provides a range of documents to support the been operational since 1 January 2005 is respon- implementation of the SPHE curriculum in sible for processing applications for special edu- schools. The PCSP regional curriculum support cational needs, SEN, supports. Some 71 special service will continue to provide ongoing advice educational needs organisers, SENOs, have been and support to schools in the coming school year. recruited throughout the country and are a focal The Walk Tall programme was established in point of contact for schools and parents. My officials have been advised by the NCSE that the 1996 to support schools nationally. Since 2001 this local SENO has processed the application for programme supports all 14 local drugs task force resource teaching support for the pupil referred area schools — 325 primary schools — special to by the Deputy. The pupil in question has been schools — and runs in conjunction with the SPHE sanctioned 3.5 individual resource teaching hours. support programme. The Walk Tall programme The school authorities were notified accordingly has three full-time personnel supporting teachers on 22 June 2005. to implement the programme in the context of SPHE curriculum. In addition, the programme 469. Mr. Naughten asked the Minister for Edu- provides evening courses for schools in the local cation and Science if she will provide additional drugs task force areas and this summer it will special needs assistance support to a school offer 18 courses as part of the national summer (details supplied) in County Roscommon; and if course training programme for primary school she will make a statement on the matter. teachers. The Walk Tall materials are available [23475/05] to all schools nationally free of charge. At post primary level, substance use is one of Minister for Education and Science (Ms the ten modules of the SPHE curriculum for jun- Hanafin): As the Deputy is aware, special needs ior cycle students. SPHE has been a requirement assistants, SNAs, are assigned to schools to meet within the junior cycle programme since the care needs of individual children who have September 2003. The SPHE support service, been assessed by a psychologist as needing this established in 2000, as a partnership between the type of support. Applications for SNA support Department of Education and Science, the are now dealt with by the National Council for Special Education which processes all appli- Department of Health and Children and the cations for support from schools and communi- health boards continues to support schools in the cate the decisions directly to the schools. At this implementation of the SPHE programme with 13 stage, the council has dealt with all new appli- full-time personnel, including one with a specific cations from schools for SNAs that will be brief to provide additional support to schools in required from the beginning of September 2005. local drugs task force areas on substance use. On However, in order to ensure that resources are My Own Two Feet is a class-room materials used in the most effective manner, a review has resource for substance-use education in the con- been conducted in recent months to establish text of the SPHE programme. whether primary schools have the level of SNA The SPHE support service provides an exten- support that they need for children in their care, sive range of in-service activities and supports to whether they have resources which they no post primary teachers. These include specific longer need or whether they need extra workshops on substance use and support for resources. school-based substance use policy development. The review has found that some schools no This programme of in-service will continue to be longer have the care needs for which the SNA offered in the coming year. Further information was originally sanctioned, that is, in some cases on the SPHE curriculum, a school handbook for the child may have left the school while in other SPHE and the programme of in-service offered cases the care needs of the child have diminished to all schools in the coming school year can be as the child has progressed through the school. In found on the SPHE website, www.sphe.ie. this regard, the schools where surplus SNA sup- All schools are required to develop a substance port was identified have been advised that they use policy in line with action 43 of the national may retain this surplus until the end of the cur- drugs strategy. Monitoring of progress regarding rent school year. the implementation of this action is planned by A review of SNAs support has recently been my Department. completed in the school referred to by Deputy. 1463 Questions— 29 June 2005. Written Answers 1464

[Ms Hanafin.] board of management will be notified of the out- The review determined that the appropriate level come of the appeal as soon as possible thereafter. of SNA support in the school in question is two I am sure the Deputy will appreciate that it would full-time SNA posts. This information was com- not be appropriate for me to intervene in the municated to the school authorities on 13 June operation of the independent appeal board. 2005. The three pupils referred to in the correspon- Schools Refurbishment. dence to the Deputy dated 2 June 2005 will each 471. Mr. Aylward asked the Minister for Edu- have access to full time SNA support within the cation and Science the progress to date on the classroom setting and also in the playground. My application by a community college (details Department officials and the local SENO have supplied) for funding under the capital funding discussed the matter with the school authorities for major works for second level schools; and if since the letter issued to the Deputy. she will make a statement on the matter. I am anxious to ensure that special education [23477/05] support services are properly targeted at the children who require them and that the substantially Minister for Education and Science (Ms increased resources being made available in the Hanafin): The school planning section of my special educational area have the desired effect Department is awaiting the submission of a for- of ensuring that all children assessed as having mal application from the school to which the special needs receive the support they require. Deputy refers for capital funding. However, the The Deputy will be aware that this Govern- long term needs of the school are being examined ment has put in place an unprecedented level of in the context of an overall review of primary and support for children with special needs. Since post primary infrastructural provision in the area 1998, the number of SNAs has increased from where the school is located. The outcome of this fewer than 300 to more than 6,300 nationally. In examination will inform a decision on how best addition to this, more effective systems, such as the needs of the school in question can be met in the establishment of the National Council for the future. Special Education, have been put in place to ensure that children get support as early as Schools Refurbishment. possible. 472. Mr. Aylward asked the Minister for Edu- cation and Science the progress to date on the School Staffing application for an extension and refurbishment to 470. Mr. Lowry asked the Minister for Edu- a school (details supplied) in County Wexford; cation and Science her views on correspondence and if she will make a statement on the details supplied); when a decision will be made; matter. [23478/05] and if she will make a statement on the Minister for Education and Science (Ms matter. [23476/05] Hanafin): The school to which the Deputy refers Minister for Education and Science (Ms has made an application to my Department for Hanafin): The staffing of a primary school is an additional classroom. The school planning determined by reference to the enrolment of the section of my Department has assessed the appli- school on 30 September of the previous school cation in accordance with the published prioritis- year and by reference to a staffing schedule. This ation criteria for large scale building projects and staffing schedule is outlined in primary circular its progress is being considered in the context of 15/05 which issued to all primary schools recently. the school building programme from 2005 This is in line with guidelines agreed between my onwards. Department and the education partners. 473. Mr. Crawford asked the Minister for Edu- In the current school year the staffing of the cation and Science the position regarding the school to which the Deputy referred comprises building extension programme for a school of a principal and two mainstream class teaching (details supplied) in County Monaghan; and if posts. This is based on an enrolment of 50 pupils she will make a statement on the matter. at 30 September 2003. The staffing of the school [23497/05] for the 2005-06 school year will consist of a principal and one mainstream class teaching post. This Minister for Education and Science (Ms is based on an enrolment of 43 pupils at 30 Hanafin): The extension project at the school to September 2004. which the Deputy refers has been assessed in To ensure openness and transparency in the accordance with the published prioritisation system an independent appeal board is now in criteria. The project will be considered in the con- place to decide on any appeals. The criteria under text of the school buildings and modernisation which an appeal can be made are set out in programme 2005-09. Department primary circular 19/02. The board of management of the school has submitted an Special Educational Needs. appeal to the staffing appeal board. The appeal will be considered by the appeal board at a meet- 474. Mr. Aylward asked the Minister for Edu- ing scheduled to take place on 21 July 2005. The cation and Science if special educational needs 1465 Questions— 29 June 2005. Written Answers 1466 supports have been approved for a school (details authority to the school for proceeding with it to supplied) in County Kilkenny; and if so, if tender and construction. resource or learning support will now be approved for a person (details supplied) in Ministerial Orders. County Kilkenny. [23498/05] 476. Mr. Naughten asked the Minister for Minister for Education and Science (Ms Defence the steps he has taken to ensure that his Hanafin): The National Council for Special Edu- Department complies with the decisions of the cation, NCSE, which was established recently and High Court of 6 March 2002 and of the Supreme which has been operational since 1 January 2005, Court of 16 July 2003 that any ministerial order is responsible for processing applications for having the effect of creating an indictable offence special educational needs supports. A total of 71 is ultra vires; if this decision has been upheld by special educational needs organisers have been his Department; and if he will make a statement recruited throughout the country and are a focal on the matter. [23139/05] point of contact for schools and parents. My Minister for Defence (Mr. O’Dea): The officials have been advised by the NCSE that an parliamentary question refers to the decision of application was received in February 2005, for the High Court on 6 March 2002 and the resource teaching support for the pupil referred Supreme Court decision of 16 July 2003, and to by the Deputy. However, the local special edu- while the name of the case was not included in cational needs organiser has expressed the the parliamentary question, it would appear that opinion that the pupil in question falls within the the question is referring to the decision of high incidence disability categories and her needs Vincent Browne v The Attorney General. The therefore can be catered for from within the Supreme Court in this case decided that an EC school’s general allocation. regulation can only be transposed by regulations The general allocation for the school in ques- under a provision of an Act of the Oireachtas tion is 20 part time hours. It is a matter for each which specifically allows for the transposition of school to determine the pupils with high incid- an EC regulation. ence special education and learning support The parameters of the decision in the Browne needs that will receive this support. Each school case were considered by the Supreme Court in will have enough resource teaching hours to the subsequent case of Thomas Kennedy v The provide its pupils with a level of support appro- Attorney General, the Minister for Marine and priate to their needs. Natural Resources. The Supreme Court, in its The school can then use its professional decision in that case of 31 May 2005, clarified the judgment to decide how these hours are divided limits of its earlier decision in the Browne case between different children in the school, to and decided that EU policy can only be ensure that all their needs are met. Research implemented by regulations made under an Act shows that some children with special needs will of the Oireachtas where the Act specifically respond better with one-to-one tuition. Others do allows for the implementation of EU policy by better when taught in small groups. Often, it is regulations. The Attorney General will shortly best for resource teachers to work with children advise the Government on action to be taken to in the classroom rather than taking them away to address the issues raised in these cases. a separate room, as the children then have to Environmental Policy. catch up work done by the rest of the class in their absence. The point is that the type of 477. Mr. Hayes asked the Minister for the response needed depends on the child. Environment, Heritage and Local Government his plans to alert the public to the dangers of Schools Building Projects. radon; and the measures which people can take to protect themselves. [22969/05] 475. Mr. P. McGrath asked the Minister for Education and Science if a school (details Minister for the Environment, Heritage and supplied) will proceed to construction before the Local Government (Mr. Roche): Through the end of 2005; and if she will make a statement on Radiological Protection Institute of Ireland, the the matter. [23515/05] Government has committed significant resources to assessing the extent of the radon problem Minister for Education and Science (Ms throughout the country and to increasing public Hanafin): The project referred to by the Deputy awareness of radon. is listed among the 122 large scale projects on the For example, during the years 1992 to 1999, the current school building programme announced in RPII carried out a nationwide survey of radon in January for moving to tender and construction domestic dwellings. The survey involved the over a 12 to 15 month period. measurement by the RPII of radon for a 12 My Department’s building unit is currently month period in a random selection of homes in awaiting plans from the school and its design each 10 km x 10 km grid square throughout the team in relation to this project. When these plans country. In all, more than 11,000 houses were are received it is hoped that the project can be measured. The RPII’s website — www.rpii.ie — progressed further with a view to giving devolved contains a comprehensive map of the high radon 1467 Questions— 29 June 2005. Written Answers 1468

[Mr. Roche.] which can be obtained for approximately \40 to areas in Ireland identified as a result of the establish radon levels in their homes. nationwide survey as well as the report of the survey. High radon areas are areas where the RPII Planning Issues. estimate that more than 10% of the houses in 478. Ms C. Murphy asked the Minister for the each grid square have radon concentrations levels Environment, Heritage and Local Government if above the national reference level of 200 An Bord Pleana´la grants planning permission in becquerels per cubic metre. This reference level a floodplain, the sanctions that apply and to is the level for long term exposure to radon in a whom. [23158/05] house above which the need for radon remediation works should be considered. Minister for the Environment, Heritage and The RPII, through press releases,radio and Local Government (Mr. Roche): Where a devel- television interviews and through its own pub- oper applies for planning permission for a lished reports on radon, has been promoting development on an area liable to flood, the plan- public awareness of radon and highlighting the ning authority, or An Bord Pleana´la in deciding risks associated with exposure to radon. The RPII on an appeal of a decision on a planning appli- has long been encouraging householders, partic- cation, will have regard to whether the proposed ularly those in high radon areas, to have their development would be on a flood plain and may homes tested for radon and to undertake radon refuse permission, without attracting compen- remediation works where necessary. sation, if necessary. Alternatively, the developer The RPII has undertaken several other initiat- may be required to modify the proposed develop- ives to further heighten public awareness of the ment and submit revised plans, or conditions radon issue. In November 2004, the RPII hosted attached requiring modification of the develop- the third national radon forum in Dublin to raise ment, so as to minimise the risk of the develop- awareness of radon as a health risk. That same ment flooding. The question of sanctions would month, the RPII published a booklet entitled only arise where a developer proceeds with a “Understanding Radon- A Householder’s development without planning permission or in Guide”. That guide is directed at householders breach of planning conditions. In that case, the who have been informed that they have radon developer would be liable to enforcement action concentration levels above the national reference by the planning authority. level in their homes. The aim of the guide is to assist such householders in interpreting their Local Authority Housing. radon measurement results and in deciding how 479. Mr. English asked the Minister for the to deal with the problem. The RPII also recently Environment, Heritage and Local Government distributed an information poster on radon for the position relating to the remedial works display in libraries, medical centres, etc., advising scheme for a housing estate (details supplied) to people to have their homes checked for radon. be undertaken by Meath County Council and The RPII has also begun a new radon awareness Navan Town Council; and if he will make a state- campaign which will involve a series of nation- ment on the matter. [23289/05] wide public information seminars on the dangers Minister of State at the Department of the of radon and which will be targeted at selected Environment, Heritage and Local Government high radon areas. As part of this campaign the (Mr. N. Ahern): There are no proposals currently RPII have organised road shows to further with my Department regarding this estate. Meath heighten awareness in relation to radon, partic- County Council intends to appoint consultants to ularly in areas with high radon levels. draw up preliminary proposals for the refur- Epidemiological studies have shown that nat- bishment of the estate and my Department will urally occurring radon gas concentrations add to be consulted in due course on any proposals that the incidence of lung cancer. While there is evi- may be developed. dence to suggest that long-term exposure to high levels of radon can be a contributory factor in Local Authority Staff. increasing the risk of lung cancer and that the incidence is higher among smokers than non- 480. Mr. Bruton asked the Minister for the smokers, it is not possible to ascribe any one can- Environment, Heritage and Local Government cer death solely to radon. The Radiological Pro- the reason the CSO has discontinued the distinc- tection Institute of Ireland estimates that tion in public sector employment numbers of approximately 10% to 15% of all lung cancer officers from other grades in local authorities; and deaths in Ireland, equivalent to 150 to 200 deaths, the breakdown of local authority employees from are linked to radon gas exposure and that the 1997 to date. [23399/05] incidence is higher among smokers than non- Minister for the Environment, Heritage and smokers. Local Government (Mr. Roche): The Local The RPII has consistently advised on the Government Act 2001 removed the distinction health risks of exposure to radon gas and has between officers and non-officers for purposes of actively encouraged those householders residing employment under a local authority. All local in high radon areas to use radon measuring kits authority staff are now classified as employees. 1469 Questions— 29 June 2005. Written Answers 1470

A breakdown of local authority employees as Minister for the Environment, Heritage and officers and servants from 1997 to 2002 is avail- Local Government (Mr. Roche): I am satisfied able in the Department of Finance publication, that all actions and procedures of my Department Budgetary and Economic Statistics, which also are in conformity with the legal decisions to includes employee numbers for 2003-2005. This which the Deputy refers. publication is available on the Department of Finance website. Local Authority Funding. 482. Mr. Penrose asked the Minister for the Ministerial Orders. Environment, Heritage and Local Government 481. Mr. Naughten asked the Minister for the the amount of moneys allocated to each individ- Environment, Heritage and Local Government ual local authority under the local improvement the steps he has taken to ensure that his Depart- scheme for each of the past three years 2003, 2004 ment complies with the decisions of the High and 2005; and if he will make a statement on the Court of 6 March 2002 and of the Supreme Court matter. [23144/05] of 16 July 2003 that any ministerial order having Minister for the Environment, Heritage and the effect of creating an indictable offence is ultra Local Government (Mr. Roche): The initial allo- vires; if this decision has been upheld by his cation to each county council under the local Department; and if he will make a statement on improvement scheme in each of the years 2003 to the matter. [23140/05] 2005 is set out in the following table.

Initial allocations under the Local Improvements Scheme from 2003 to 2005.

County Council 2003 initial allocation 2004 initial allocation 2005 initial allocation

\\\

Carlow 142,189 156,081 156,081 Cavan 970,708 1,065,546 1,065,546 Clare 514,069 564,294 564,294 Cork 515,048 565,368 849,308 Donegal 1,566,005 1,719,004 1,719,004 Du´ n Laoghaire 0 0 0 Fingal 0 25,000 15,000 Galway 755,388 829,189 829,189 Kerry 1,091,735 1,198,398 1,198,398 Kildare 102,416 112,422 88,504 Kilkenny 132,092 144,997 192,608 Laois 174,303 191,332 275,335 Leitrim 714,987 784,841 784,841 Limerick 262,892 288,577 288,577 Longford 264,958 290,844 309,208 Louth 118,984 130,609 130,609 Mayo 1,310,409 1,438,736 1,438,736 Meath 63,098 69,263 69,263 Monaghan 583,052 640,016 640,016 North Tipperary 174,922 192,012 192,012 Offaly 125,621 137,894 137,894 Roscommon 231,417 254,026 254,026 Sligo 440,210 483,219 483,219 South Dublin 0 0 0 South Tipperary 103,995 114,155 114,155 Waterford 150,668 165,388 165,388 Westmeath 112,835 123,859 123,859 Wexford 214,642 235,613 235,613 Wicklow 163,357 179,317 179,317

Total 11,000,000 12,100,000 12,500,000

Local Authority Staff. travel expenses paid to local authority employees; if there are flat fixed payments to certain 483. Mr. Fleming asked the Minister for the employees for travel and to what grades this Environment, Heritage and Local Government to applies; if there are different rates payable set out the details of the schemes and rates of 1471 Questions— 29 June 2005. Written Answers 1472

[Mr. Fleming.] Details of rates of travel expenses paid to local depending on a person’s grade to different authority employees were most recently set out employees; to explain the background to this for local authorities in January 2004 and have situation; to outline the different schemes in effect from 1 January 2003. The mileage rates different local authorities; and if he will make a involved are outlined in the table appended statement on the matter. [23145/05] below. Scale A rates are the normal rates of travel. Scale B rates, which involve a fixed annual allowance and reduced mileage rates, are payable to all engineering officers. Managers, assistant 484. Mr. Fleming asked the Minister for the managers, directors of services, rate inspectors,or Environment, Heritage and Local Government checkers, and chief fire officers, may opt for scale the involvement of his Department with travel B. Managers, assistant managers and directors of subsistence expenses paid to local authority services may also opt for a fixed annual travel employees and to members of local authorities allowance on foot of paragraph 6.39 of report No. through dealings between the Department and 20 of the review body on higher remuneration in the local authorities or their representatives the public sector. through the social partnership process; and if he In the case of some local authorities, arrange- will make a statement on the matter. [23146/05] ments are in place whereby staff required to undertake frequent journeys within the local Minister for the Environment, Heritage and authority area in the course of their duties are Local Government (Mr. Roche): I propose to paid fixed travel allowances based on regular logs take Questions Nos. 483 and 484 together. of mileage actually travelled.

Local Authority Motor Mileage Rates from 1 January 2003.

Scale A Rates per mile in a mileage year.

Official Mileage in a calendar Engine Capacity Up to Engine Capacity 1,201cc to Engine Capacity 1,501cc and year 1,200cc 1,500cc over

cent cent cent Up to 4,000 86.05 101.27 120.26 4,001 and over 43.50 50.29 56.40

Scale B.

Official Mileage in a Engine Capacity up to 1,200cc Engine Capacity 1,201cc to Engine Capacity 1,501cc and calendar year 1,500cc over

Annual Allowance Annual Allowance Annual Allowance

\1,105 \1,186 \1,227 Cent cent cent Up to 4,000 50.55 60.79 74.23 4,001 and over 53.13 62.23 70.21

Subsistence rates payable to local authority Finance and the Revenue Commissioners. The employees are the same as those paid to civil ser- three representative associations, the Association vants. Current arrangements for the payment of of Municipal Authorities of Ireland, the General travel expenses to local authority employees are Council of County Councils and the Local Auth- based on a recommendation of the Labour ority Members’ Association, are consulted in any Relations Commission in 2001. The rates are such review. All of the above arrangements have adjusted on the basis of increases in civil service evolved separately from the social partnership rates from time to time. process. Local elected members are paid an annual Disabled Persons Grant. expenses allowance to cover reasonable expenses incurred by them in attending meetings associ- 485. Ms C. Murphy asked the Minister for the ated with their council business. Increases in the Environment, Heritage and Local Government rates for mileage and subsistence applicable to the amount returned to his Department from local authority members follow similar increases local authorities in 2004 disabled persons in the rates payable to local authority officials. grants. [23147/05] From time to time reviews of the expenses system 486. Ms C. Murphy asked the Minister for the for the local elected member are carried out Environment, Heritage and Local Government if involving my Department, the Department of he plans to introduce reforms in the disabled per- 1473 Questions— 29 June 2005. Written Answers 1474 sons grants system; and if those reforms will the power he envisages for towns currently seek- remove the requirement of local authorities to ing town council status. [23149/05] match the funding provided by the Depart- ment. [23148/05] Minister for the Environment, Heritage and Local Government (Mr. Roche): The Local Minister of State at the Department of the Government Act 2001 has been designed to Environment, Heritage and Local Government provide a modern legislative framework for all (Mr. N. Ahern): I propose to take Question Nos. local authorities. Under the Act all town councils, 485 and 486 together. including former town commissioners, may take A combined capital allocation of \73 million action to promote the community interest; exer- was made available to local authorities for the cise a representational role, with an office of disabled persons and essential repairs grant mayor and structured linkage to the county schemes in 2004. It is a matter for local auth- council; provide local amenities and raise a local orities to decide on the level of funding to be pro- community contribution; make local bye laws and vided for the disabled persons grant scheme from have statutory input to the local development within this combined capital allocation. While plan process under the planning code. Under two thirds of all expenditure on the scheme is Section 185 of the 2001 Act, which sets out the recouped by my Department, authorities are provisions for the establishment of new town required to fund the remaining one third from councils, the powers of such town councils would their own revenue resources with amounts pro- correspond to those of former town com- vided for that purpose in their annual estimates. missioners. The sum of \41.9 million provided in my Depart- Certain town councils, other than former town ment’s Estimates for 2004 for recoupment to local commissioners, are under the relevant statutory authorities of two-thirds of their expenditure on service codes responsible for certain mainline individual grants was fully expended. functions in the housing, roads and sanitary Information provided by local authorities indi- services areas. The Oireachtas in its comprehen- cate that combined expenditure by them on the sive review and restatement of local government schemes in 2004 was \55.4 million, consisting of legislative powers in recent years did not extend \45.8 million on disabled persons grants and \9.6 responsibility for such mainline functions to million on essential repairs grants. Admin- additional town councils and legislation would be istration of both grant schemes, including the pro- required to amend this position. I will keep the cessing of individual applications, is a matter for position generally under review in the ongoing the local authorities. The majority of authorities local government modernisation programme with have reviewed their schemes over the past two the aim of ensuring good accessible service deliv- years with a view to streamlining their operation. ery at town and county level. Introduction of systems of medical prioritisation as well as standardisation of costs and improved Radon Gas. arrangements for the use of occupational therapists has enabled authorities to manage the 488. Ms C. Murphy asked the Minister for the schemes more efficiently and has allowed them to Environment, Heritage and Local Government tackle the backlog of applications which had been the plans his Department has to extend the moni- allowed to build in a number of areas. toring of radon gas in domestic dwellings. A combined capital allocation of \70 million is [23151/05] available in 2005 for payment of disabled persons 493. Mr. Hayes asked the Minister for the and essential repairs grants. Individual allocations Environment, Heritage and Local Government were notified to local authorities on 7 June 2005. the assistance in place for householders who dis- I am very conscious of the importance of the discover they live in an area with high levels of abled persons grants scheme in assisting the pro- dangerous radon gas. [23352/05] vision of appropriate accommodation of disabled persons in the community. It is essential that the 494. Mr. Hayes asked the Minister for the available funding be directed to those persons in Environment, Heritage and Local Government if, greatest need of such assistance. The requirement in view of the prevalence of radon gas here, he that local authorities make a contribution from has plans to provide free radon detectors to their own resources to the financing of the householders in badly affected areas. [23354/05] scheme will be considered further within the Minister for the Environment, Heritage and overall context of the review of the operation of Local Government (Mr. Roche): I propose to the disabled persons grant scheme which has take Questions Nos. 488, 493 and 494 together. been under way in my Department. The Radiological Protection Institute of Ireland has allocated significant resources to Local Authority Staff. assessing and highlighting the problems associ- 487. Ms C. Murphy asked the Minister for the ated with high levels of radon in households Environment, Heritage and Local Government if throughout Ireland and to increasing public he plans to increase the powers available to awareness of the risks. During the 1990s the former town commissioners; if so, the criteria he institute undertook a major nationwide radon intends using; the timeframe he is working to; and survey aimed at determining the extent of the 1475 Questions— 29 June 2005. Written Answers 1476

[Mr. Roche.] drome which have implications for land use plan- radon problem in Ireland. In total, more than ning; and if he will make a statement on the 11,000 houses were measured for radon levels. Of matter. [23152/05] these, about 9% had radon concentration above the national reference level, the reference level Minister for the Environment, Heritage and for long-term exposure to radon in a house, Local Government (Mr. Roche): My Department above which the need for remedial action should is not directly responsible for policies or arrange- be considered, is 20Bq/m3. It has been estimated ments adopted by the Irish Aviation Authority. on the basis of this survey that approximately However, under section 11(3) of the Planning and 91,000 houses, or 7% of the national housing Development Act 2000, a planning authority may stock, would therefore have radon concentration take whatever measures it considers necessary to above the reference level. It is a matter of con- consult with, inter alia, transport infrastructure cern to the RPII that just over 3,000 of these providers when it is reviewing its development households with radon concentrations above this plan, to ascertain any long-term plans for the pro- level have been identified. vision of infrastructure and services in the area of the authority, and the provider must supply the My Department and the institute have consist- necessary information to the authority. This pro- ently urged householders to measure their homes vision allows for the long-term land-use planning for radon levels, particularly if they live in an area of the authority to reflect proposed developments that is considered to have high radon concen- in public infrastructure and services. trations. The testing is inexpensive, costing approximately \45, straightforward and non- Preliminary work has begun on drafting guide- invasive. Direct subsidies for testing equipment lines in respect of public safety zones at State air- are not envisaged. ports in Dublin, Cork and Shannon; it is intended to publish these for public consultation later this If the household is found to have high radon year. levels remediation work may be recommended. Technical guidance on radon remediation tech- niques is available in a booklet issued by my Environmental Policy. Department called “Radon in Buildings — Cor- 490. Mr. Kehoe asked the Minister for the rective Option”. The Radiological Protection Environment, Heritage and Local Government Institute of Ireland has also issued guidance the steps he is taking to measure and combat the entitled “Understanding Radon Remediation — pollution of the Irish Sea by phthalate toxins; and A Householders Guide”. In addition, the website if he will make a statement on the matter. of the Radiological Protection Institute of Ireland [23347/05] — www.rpii.ie — has a list of companies that can provide a radon remediation service and can offer Minister for the Environment, Heritage and specific advice and recommendations. Local Government (Mr. Roche): Statutory To heighten public awareness of radon, the responsibility for the monitoring and manage- RPII has in recent times embarked on a series of ment of water quality lies primarily with local nationwide public information seminars and road authorities and the Environmental Protection shows which are targeted in particular at selected Agency and, regarding marine waters, the high radon areas. These seminars have resulted in Department of Communications, Marine and Natural resources and the Marine Institute. media coverage throughout the country and have been linked to an increase in inquiries from the Phthalates comprise a group of substances public seeking information on how to get their which are widely used in the plastics industry and homes tested for radon. which are of concern due to their potential endocrine-disrupting effects. The Environmental Pro- Although the provision of Exchequer grant tection Agency funded a survey in 2003 by Cork assistance for remediation works is not envisaged, Institute of Technology on the occurrence of my Department, along with the assistance of the endocrine-disrupting substances in the Irish Radiological Protection Institute of Ireland will aquatic environment. The analysis of the results continue to highlight the dangers of radon using was recently concluded and the results do not all appropriate opportunities. Every effort will reveal any intersex, that is, the simultaneous pres- also be made to provide information to house- ence of male and female tissue, in any of the holders so that they can carry out monitoring and waterbodies surveyed. The report of this survey remedial work effectively and economically will be available within a few weeks. should it be necessary. A comprehensive screening programme began in March 2005 with the aim of establishing the Planning Issues. relevance of more than 200 dangerous substances, 489. Ms C. Murphy asked the Minister for the including phthalates, in the context of Irish Environment, Heritage and Local Government if waters. The programme, which is led by Carlow there are plans to put in place formal arrange- County Council on behalf of all local authorities, ments regarding notification of relevant local is co-ordinated by the Environmental Protection authorities by the Irish Aviation Authority of Agency and funded by my Department. The out- substantial changes, including the re-designation put from the programme will be a major factor in of the code assigned to the Airport and Aero- determining whether further measures will need 1477 Questions— 29 June 2005. Written Answers 1478 to be taken to protect our waters from pollution Minister for the Environment, Heritage and from phthalates. Regard will also be had to the Local Government (Mr. Roche): My Department results of reviews being carried out in relevant operates a capital grants scheme to assist local international fora. authorities to provide vital recycling infrastructure from neighbourhood bottle banks to Water and Sewerage Schemes. materials recovery facilities. Since the launch of the scheme in 2002, \50 million has been allo- 491. Mr. Naughten asked the Minister for the cated for over 90 projects. In conjunction with Environment, Heritage and Local Government measures such as further roll out of segregated further to Question No. 471 of 31 May 2005, if he collection and pay-by-use charging systems, the will approve funding for the 16 sewerage schemes scheme is making a tangible difference to our in County Roscommon; and if he will make a recycling rates which have increased steadily over statement on the matter. [23348/05] the period. 526. Mr. Naughten asked the Minister for the My Department is assessing applications for a Environment, Heritage and Local Government new round of funding and I expect to be in a posi- further to Question No. 470 of 31 May 2005, if he tion to announce a further tranche of grants in will approve the preliminary report submitted by the near future. I am committed to maximising Roscommon County Council for the 16 schemes; recycling opportunities to allow as many as pos- and if he will make a statement on the matter. sible to contribute to achieving our recycling tar- [23455/05] gets and reduce reliance on the disposal of waste to landfill. Minister for the Environment, Heritage and Local Government (Mr. Roche): I propose to Waste Disposal. answer Questions Nos. 491 and 526 together. 496. Mr. P. McGrath asked the Minister for the The Roscommon towns and villages sewerage Environment, Heritage and Local Government if scheme is included in my Department’s water he will increase the penalties for offenders in view services investment programme 2004-06 as a of the dramatic increase in illegal dumping. scheme to commence construction in 2006. [23356/05] Further consideration will be given to Roscommon County Council’s design review Minister for the Environment, Heritage and report for the scheme, which was received earlier Local Government (Mr. Roche): The Protection this month, on receipt of additional information of the Environment Act 2003 provided for a sig- requested from the authority last week. nificant increase in the penalties applicable to those convicted of contravention of waste man- Grant Payments. agement legislation. Summary conviction now involves payment of a fine of up to \3,000 or 492. Mr. Naughten asked the Minister for the imprisonment for up to 12 months or both. Environment, Heritage and Local Government Where a conviction is secured on indictment, the further to Question No. 868 of 14 June 2005, if fine can range up to \15 million and the prison he will report on progress to date; and if he will term can be up to ten years. Both a fine and make a statement on the matter. [23349/05] imprisonment may be applied. I am satisfied that 525. Mr. Naughten asked the Minister for the the prescribed penalties are significant and Environment, Heritage and Local Government appropriate to the jurisdictions in which pros- further to Question No. 868 of 14 June 2005, ecutions may be taken. when he plans to be in a position to issue com- Recently, I issued a policy direction to local pensation to the persons concerned; and if he will authorities and the Environmental Protection make a statement on the matter. [23453/05] Agency under section 60 of the Waste Manage- ment Act 1996 which is intended to bring a Minister for the Environment, Heritage and greater focus and uniformity to enforcement of Local Government (Mr. Roche): I propose to our waste management laws. Included in the answer Questions Nos. 492 and 525 together. direction is the stipulation that regulatory auth- My Department is ready to arrange for the orities must seek the maximum potential sanc- retrospective payments involved and the first of tions available in law when pursuing illegal hold- these are expected to issue in the next few weeks. ers of waste. I have also directed that the Garda In some cases payments will require an up-to- should be involved in more serious cases and that date tax clearance certificate to be submitted to the prosecution of offences should take place at my Department. the highest available judicial level. In addition, I have stipulated that local authorities should, Questions Nos. 493 and 494 answered with where practicable, pursue civil remedies against Question No. 488. illegal operators under powers available to them including the recovery of the cost of measures Recycling Policy. taken to prevent or limit environmental pollution caused by waste. 495. Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the plans he has to increase the number of Water and Sewerage Schemes. recycling centres around the country; and if he 497. Mr. P. McGrath asked the Minister for the will make a statement on the matter. [23355/05] Environment, Heritage and Local Government 1479 Questions— 29 June 2005. Written Answers 1480

[Mr. P. McGrath.] Minister for the Environment, Heritage and when a scheme (details supplied) will be com- Local Government (Mr. Roche): The Coole pleted; the estimated costs of these works; and sewerage scheme is included in my Department’s the number of households which will be connec- water services investment programme 2004-06 as ted to the scheme. [23357/05] a scheme to advance through planning at an estimated cost of \2.9 million. Westmeath County Minister for the Environment, Heritage and Council’s preliminary report and water services Local Government (Mr. Roche): An extension of pricing policy report for the scheme are under the Mullingar regional water supply from Taugh- examination in my Department and will be dealt mon to Killucan was completed some years ago with as quickly as possible. The county council under my Department’s water services invest- will be in a position to proceed with the prep- ment programme at a cost of \2.2 million. aration of contract documents when the reports Detailed information on the number of house- are approved. holds connected to the scheme may appropriately Detailed information on the number of house- be sought from Westmeath County Council. holds to be connected to the scheme may appro- 498. Mr. P. McGrath asked the Minister for the priately be sought from Westmeath County Environment, Heritage and Local Government Council. when a scheme (details supplied) will be com- 501. Mr. P. McGrath asked the Minister for the pleted; the estimated cost of these works; and the Environment, Heritage and Local Government number of households which will be connected to when a scheme (details supplied) will be com- the scheme. [23358/05] pleted; the estimated cost of these works; and the number of households which will be connected to Minister for the Environment, Heritage and the scheme. [23361/05] Local Government (Mr. Roche): An upgrade of the Kinnegad waste water treatment plant and an Minister for the Environment, Heritage and extension of the sewerage network were ranked Local Government (Mr. Roche): My Department 11th and 26th, respectively, in the list of water conveyed approval to Westmeath County Council and sewerage schemes submitted by Westmeath in April 2005 to proceed as quickly as possible County Council in response to my Department’s with the provision of stand-alone waste water request to all local authorities in 2003 to under- facilities for Castletown Geoghegan. The decision take fresh assessments of the need for capital followed an examination by my Department of works in their areas and prioritise proposals on the tender report for the Castletown Geoghegan the basis of the assessments. The assessments component of a wider pilot programme under- were taken into account in the framing of the taken by the national rural water monitoring water services investment programme 2004-06 committee. My Department concluded from the published in May 2004. examination that the solutions offered in the ten- Due to the rating afforded by the county der proposal for Castletown Geoghegan were not council to the proposals referred to by the sufficiently innovative or economical. Without Deputy, it has not been possible to include them prejudice to the wider pilot programme, it was in the current programme. Detailed information determined that a stand-alone scheme for Castle- on potential household connections to the town Geoghegan would offer the best way Kinnegad scheme may appropriately be sought forward. from Westmeath County Council. 502. Mr. P. McGrath asked the Minister for the 499. Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government when a scheme (details supplied) will be com- Environment, Heritage and Local Government pleted; the estimated cost of these works; and the when a scheme (details supplied) will be com- number of households which will be connected to pleted; the estimated cost of these works; and the the scheme. [23362/05] number of households that will be connected to the scheme. [23359/05] Minister for the Environment, Heritage and Local Government (Mr. Roche): The Mullingar Minister for the Environment, Heritage and sewerage scheme has been approved for con- Local Government (Mr. Roche): The Coosan sur- struction in my Department’s water services face water drainage scheme was completed at a \ investment programme 2004-06 at an estimated cost of 600,000 some years ago under the cost of \66.4 million. My Department is awaiting serviced-land initiative measure of my Depart- submission of contract documents for the scheme ment’s water services investment programme. by Westmeath County Council. Detailed infor- Detailed information on the number of house- mation on the number of households to be con- holds connected to the scheme may appropriately nected to the scheme may appropriately be be sought from Westmeath County Council. sought from the county council. 500. Mr. P. McGrath asked the Minister for the 503. Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government when a scheme (details supplied) will be com- when a scheme (details supplied) will be completed; the estimated cost of these works; and the pleted; the estimated cost of these works; and the number of households which will be connected to number of households which will be connected to the scheme. [23360/05] the scheme. [23363/05] 1481 Questions— 29 June 2005. Written Answers 1482

Minister for the Environment, Heritage and The first multi-annual housing programme for Local Government (Mr. Roche): The Athlone the period 2000-03 provided for the commence- main drainage scheme has been approved for ment or acquisition of 25,000 units during the construction in my Department’s water services period. Detailed information on the number of investment programme 2004-06 at an estimated local authority house starts and completions and cost of \10.1 million. My Department is awaiting output by the voluntary and co-operative housing submission of a preliminary report for the scheme sector by local authority for the years 2000 to by Westmeath County Council. Detailed infor- 2003 is available in the annual housing statistics mation on the number of households to be con- bulletins published by my Department. Copies of nected to the scheme may appropriately be the bulletins are available in the Oireachtas sought from the county council. Library. The 2004 figures are available on the Department’s website at www.environ.ie. 504. Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government New multi-annual action plans have been pre- when a scheme (details supplied) will be compared by local authorities for the provision of pleted; the estimated cost of these works; and the social and affordable housing over the period number of households that will be connected to 2004-08. These have been approved by my the scheme. [23364/05] Department and are designed to assist local authorities to identify priority needs over the coming Minister for the Environment, Heritage and years and provide a coherent and co-ordinated Local Government (Mr. Roche): The Milltown- response across all housing services including the pass sewerage scheme is included in my Depart- delivery of housing by the voluntary and co- ment’s water services investment programme operative housing sector. Financial envelopes 2004-06 under the rural towns and villages initiat- have been secured for the next five years to ive at an estimated cost of \4.285 million. My underpin the multi-annual approach in the Department is awaiting submission by West- action plans. meath County Council of tender documents for It is anticipated that total social housing pro- the scheme for approval together with a revised vision, including new local authority housing, vac- water services pricing policy report. Information ancies arising in existing houses and output under on the number of households to be connected to other social housing measures, will meet the the scheme may appropriately be sought from the needs of in excess of 13,000 households in 2005. county council. This compares with almost 8,500 households in 1998. In addition, it is anticipated that a number Water Quality. of households currently in private rented accommodation will transfer to the new rental accom- 505. Mr. P. McGrath asked the Minister for the modation scheme which is currently being intro- Environment, Heritage and Local Government duced. These households will continue to be the procedures and guidelines followed to ensure accommodated in the main within the private that the EU drinking water initiative is rented sector. implemented here. [23365/05] Minister for the Environment, Heritage and Social and Affordable Housing. Local Government (Mr. Roche): EU legislation 508. Mr. Gilmore asked the Minister for the on standards for drinking water was most recently Environment, Heritage and Local Government updated by Council Directive 98/83/EC on the the number of affordable dwellings constructed quality of drinking water. The directive was given and allocated under the 1999 scheme for each statutory effect in Irish legislation by the Euro- local authority, for each year since the scheme pean Communities (Drinking Water) Regulations began. [23371/05] 2000 which came into force on 1 January 2004. Minister of State at the Department of the Local Authority Housing. Environment, Heritage and Local Government (Mr. N. Ahern): Details of the number of afford- 506. Mr. Gilmore asked the Minister for the able houses completed are published in my Environment, Heritage and Local Government Department’s housing statistics bulletins up to the number and percentage of the target number September quarter 2004, copies of which are of local authority dwellings completed in each available in the Oireachtas Library. Information year in relation to the housing need assessment will shortly be available to end 2004 in the 2004 for 2002; and the number and percentage of the annual housing statistics bulletin. Data relevant target number of voluntary and co-op dwellings to the Deputy’s question is also available on the completed in each year. [23369/05] Department’s website at www.environ.ie. 507. Mr. Gilmore asked the Minister for the 509. Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the number of starts estimated for each year in the number of affordable dwellings constructed relation to the housing need assessment for and allocated under Part V of the Planning and 2002. [23370/05] Development Act 2000 for each local authority, Minister of State at the Department of the for each year since the scheme began. [23372/05] Environment, Heritage and Local Government (Mr. N. Ahern): I propose to answer Questions Minister of State at the Department of the Nos. 506 and 507 together. Environment, Heritage and Local Government 1483 Questions— 29 June 2005. Written Answers 1484

[Mr. Gilmore.] Minister of State at the Department of the (Mr. N. Ahern): Details of the number of houses Environment, Heritage and Local Government completed under Part V of the Planning and (Mr. N. Ahern): Part V affordable completions Development Acts 2000-04 are published in my comprise the total output to end 2004 under Sus- Department’s housing statistics bulletins. Infor- taining Progress. Details in regard to these com- mation is already available to September quarter pletions are published in my Department’s hous- 2004 from the Oireachtas Library. Information ing statistics bulletins up to September quarter will shortly be available to end 2004 in the 2004 2004, copies of which are available in the annual housing statistics bulletin. Data relevant Oireachtas library. Information will shortly be to the Deputy’s question is also available on the available up to end 2004 in the 2004 annual hous- Department’s website at www.environ.ie. ing statistics bulletin. Data relevant to the ques- 510. Mr. Gilmore asked the Minister for the tion is also available on the Department’s website Environment, Heritage and Local Government at www.environ.ie. the number of social dwellings constructed and allocated under Part V of the Planning and Local Authority Housing. Development Act 2000 for each local authority 512. Mr. Gilmore asked the Minister for the for each year since the scheme began. [23373/05] Environment, Heritage and Local Government the total expenditure on emergency housing for Minister of State at the Department of the each health board area, for each year of the past Environment, Heritage and Local Government five years. [23376/05] (Mr. N. Ahern): Separate figures on the number of social houses provided under Part V of the Minister of State at the Department of the Planning and Development Act 2000, as Environment, Heritage and Local Government amended, have been compiled by my Department (Mr. N. Ahern): I assume the question refers to only since 2003. Detailed information on the out- the provision of accommodation for homeless put for 2003 on an individual local authority basis persons. is available in the 2003 annual housing statistics Under section 10 of the Housing Act 1988, my bulletin, copies of which are available in the Department recoups local authorities 90% of the Oireachtas Library. Information is already avail- expenditure in regard to the provision of accom- able to September quarter 2004 from the modation and related services for homeless per- Oireachtas library. Information will shortly be sons. The Government is committed to tackling available to end 2004 in the 2004 annual housing homelessness in all its forms and to achieve this, statistics bulletin. Data relevant to the Deputy’s funding has been increased substantially — from question is also available on the Department’s \12.5 million in 1999 to an allocation of \51 mil- website at www.environ.ie. lion for 2005. My Department does not record 511. Mr. Gilmore asked the Minister for the information on this expenditure by former health Environment, Heritage and Local Government board area; the following table sets out the the number of affordable dwellings, for each local expenditure by my Department from 2000-2004 authority for each year, constructed under the for each local authority area. Each local authority Sustaining Progress agreement. [23374/05] funds the remaining 10% of the cost.

Section 10 of the Housing Act, 1988.

Expenditure by the Department of the Environment, Heritage and Local Government: 2000-2004 90% of Total Cost.

2000 2001 2002 2003 2004

COUNTY COUNCIL CARLOW 26,764.81 24,615.14 40,439.81 34,282.10 34,791.30 CAVAN 0.00 0.00 0.00 773.10 171.00 CLARE 1,599.87 0.00 0.00 82,051.24 83,689.85 CORK (NORTH) 20,562.67 7,645.09 35,765.52 4,500.00 0.00 CORK (SOUTH) 12,506.41 54,877.66 83,986.60 126,756.42 129,157.70 CORK (WEST) 0.00 0.00 0.00 0.00 0.00 DONEGAL 36,126.21 61,990.39 97,638.59 93,318.99 167,252.66 DU´ N LAOGHAIRE/RATHDOWN 1,104,918.91 473,318.10 718,871.84 1,141,915.23 632,659.51 FINGAL 909,939.76 546,173.78 225,975.85 762,736.82 469,932.50 SOUTH DUBLIN 897,938.45 557,425.56 762,770.88 878,107.81 510,114.68 GALWAY 40,602.41 85,078.80 128,789.23 101,075.46 105,579.51 KERRY 1,737.00 30,074.00 8,981.86 24,411.70 234,906.26 KILDARE 145,492.91 153,301.26 321,016.89 433,840.90 318,649.68 KILKENNY 149,274.73 210,958.86 187,737.75 298,302.51 261,512.19 LAOIS 17,519.21 31,449.60 24,868.49 22,240.97 52,741.17 LEITRIM 417.06 2,762.95 8,665.74 4,453.20 10,157.00 LIMERICK 41,024.67 127,261.09 231,458.88 301,249.48 318,002.02 1485 Questions— 29 June 2005. Written Answers 1486

2000 2001 2002 2003 2004

LONGFORD 0.00 0.00 12,562.38 8,595.04 207,738.90 LOUTH 0.00 0.00 0.00 3,353.40 396.00 MAYO 0.00 20,178.93 39,146.10 93,101.94 77,077.12 MEATH 307,562.26 676,994.81 546,634.23 385,945.39 315,065.21 MONAGHAN 3,125.46 6,759.45 68,488.39 1,044.00 10,593.00 OFFALY 2,219.25 10,660.85 20,847.81 32,450.44 56,128.50 ROSCOMMON 0.00 0.00 6,285.57 2,306.70 1,201.50 SLIGO 2,114.11 4,256.80 10,340.91 6,890.40 7,456.50 TIPPERARY N.R. 8,747.42 0.00 4,709.73 23,023.36 77,781.51 TIPPERARY S.R. 2,099.26 1,076.48 749.70 1,502.10 310.50 WATERFORD 3,165.46 1,655.74 0.00 0.00 0.00 WESTMEATH 49,186.86 26,632.06 118,883.30 75,627.94 51,421.34 WEXFORD 13,009.89 78,845.59 3,723.13 42,390.00 10,365.30 WICKLOW 4,968.28 44,709.51 47,915.43 112,896.00 91,008.00

TOTAL COUNTY COUNCILS 3,802,623.33 3,238,702.50 3,757,254.61 5,099,142.64 4,235,860.41

CITY COUNCILS CORK 1,215,569.43 1,950,580.19 2,559,859.36 2,973,386.03 3,007,080.49 DUBLIN 8,802,185.38 24,063,230.44 32,272,856.04 34,599,363.08 31,993,651.42 GALWAY 846,562.84 648,150.22 1,200,943.47 1,457,797.00 1,436,732.02 LIMERICK 244,440.60 286,077.13 694,995.21 1,708,220.15 1,743,578.08 WATERFORD 348,374.54 488,281.96 575,677.93 718,159.26 843,961.53

TOTAL CITY COUNCILS 11,457,132.79 27,436,319.94 37,304,332.01 41,456,925.52 39,025,003.54

BOROUGH COUNCILS CLONMEL 18,598.49 35,845.78 84,181.99 62,393.18 102,120.54 DROGHEDA 44,968.92 256,136.22 285,478.84 280,917.30 206,909.65 KILKENNY 0.00 0.00 0.00 0.00 0.00 WEXFORD 50,311.34 80,577.45 5,380.13 383,717.07 263,182.86 SLIGO 130,584.18 216,579.40 407,332.55 442,655.64 343,753.81

TOTAL BOROUGHS 244,462.93 589,138.85 782,373.51 1,169,683.19 915,966.86

TOWN COUNCILS ATHLONE 5,302.43 42,904.23 72,041.64 112,594.48 103,987.29 ATHY 0.00 0.00 3,470.89 7,790.90 0.00 BALLINA 0.00 0.00 0.00 0.00 0.00 BALLINASLOE 0.00 0.00 0.00 0.00 0.00 BIRR 0.00 0.00 0.00 4,937.40 3,666.60 BRAY 37,922.99 205,357.60 245,135.25 225,532.18 356,383.20 BUNCRANA 1,765.57 16,872.36 9,699.78 25,426.98 9,459.90 BUNDORAN 0.00 0.00 0.00 0.00 0.00 CARLOW 891.36 0.00 450.00 0.00 0.00 CARRICKMACROSS 18.51 0.00 0.00 0.00 0.00 CARRICK-ON-SUIR 0.00 0.00 99.00 0.00 680.40 CASHEL 57.14 326.48 24.30 1,192.50 0.00 CASTLEBAR 0.00 0.00 0.00 0.00 0.00 CASTLEBLANEY 0.00 0.00 111.60 247.50 658.80 CAVAN 0.00 0.00 0.00 0.00 0.00 CEANANNUS MOR 0.00 0.00 0.00 0.00 0.00 CLONAKILTY 0.00 0.00 0.00 0.00 0.00 CLONES 67.88 0.00 0.00 0.00 0.00 COBH 0.00 0.00 0.00 0.00 0.00 DUNDALK 194,561.33 263,416.11 326,938.33 364,772.06 502,962.04 DUNGARVAN 32,953.89 67,808.66 30,963.38 10,161.29 11,384.10 DU´ N LAOGHAIRE 0.00 0.00 0.00 0.00 0.00 ENNIS 0.00 0.00 141,120.00 210,240.00 210,816.00 ENNISCORTHY 1,136.42 5,763.74 2,901.00 0.00 0.00 FERMOY 0.00 0.00 0.00 0.00 0.00 1487 Questions— 29 June 2005. Written Answers 1488

[Mr. Gilmore.] 2000 2001 2002 2003 2004

KILLARNEY 314.26 1,015.71 21,270.01 107,247.83 47,355.05 KILRUSH 0.00 0.00 0.00 0.00 0.00 KINSALE 0.00 0.00 0.00 0.00 0.00 LETTERKENNY 18,785.04 34,387.52 63,183.28 24,026.85 27,675.36 LISTOWEL 0.00 1,559.84 3,368.87 4,156.20 2,295.90 LONGFORD 19,695.54 31,243.18 61,032.95 170,543.88 49,680.00 MACROOM 0.00 0.00 0.00 0.00 0.00 MALLOW 0.00 0.00 0.00 0.00 0.00 MIDLETON 0.00 0.00 0.00 0.00 0.00 MONAGHAN 0.00 1,836.25 622.98 19,107.00 21,231.00 NAAS 5,538.67 2,582.80 4,551.30 7,509.25 1,615.50 NAVAN 0.00 0.00 0.00 0.00 0.00 NENAGH 0.00 0.00 0.00 0.00 0.00 NEW ROSS 0.00 1,164.03 2,374.25 0.00 0.00 SKIBBEREEN 0.00 0.00 0.00 0.00 0.00 TEMPLEMORE 0.00 0.00 0.00 0.00 0.00 THURLES 0.00 0.00 1,219.05 0.00 0.00 TIPPERARY 485.67 2,600.21 933.28 1,914.30 729.00 TRALEE 8,801.82 72,218.28 149,410.14 225,582.12 180,670.05 TRIM 0.00 0.00 0.00 0.00 0.00 TULLAMORE 6,828.02 16,258.58 3,520.48 4,863.83 11,401.20 WESTPORT 0.00 0.00 0.00 0.00 0.00 WICKLOW 319.97 0.00 925.64 57.60 0.00 YOUGHAL 65.82 0.00 0.00 0.00 0.00 SIMON COMMUNITY NI 22,527.61 0.00 0.00 0.00

TOTAL TOWN COUNCILS 335,512.33 791,947.16 1,145,367.40 1,528,048.15 1,543,177.89

GRAND TOTAL 15,839,731.38 32,056,108.45 42,989,327.53 49,253,799.50 45,720,008.70

Local Authority Staff. some process of identifying all of the owners for a notice. [23382/05] 513. Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government 515. Mr. Bruton asked the Minister for the the total number of staff employed in housing Environment, Heritage and Local Government if related functions for each housing authority, for he has satisfied himself that the law obliging occu- each of the past five years; and the total salaries piers of property to maintain their property free paid to staff employed in housing related func- from graffiti and dereliction is proving equal to tions. [23377/05] the task of removing such problems; and if he has assessed the legal framework in other juris- Minister for the Environment, Heritage and dictions which have achieved best practise in this Local Government (Mr. Roche): Each county respect. [23383/05] and city manager is responsible for the staffing and organisational arrangements necessary for Minister for the Environment, Heritage and carrying out the functions of the local authorities Local Government (Mr. Roche): I propose to for which he or she is responsible. My Depart- take Questions Nos. 514 and 515 together. ment does not have information regarding total I am satisfied that local authorities have staff numbers or salaries in respect of housing adequate powers under sections 19 and 20 of the related functions for each housing authority. Litter Pollution Acts 1997-2003 to tackle the problem of defacement, by writing or other Litter Pollution. marks, of property that is in, or visible from, a public place. Section 20 of the 1997 Act provides 514. Mr. Bruton asked the Minister for the for the service of notices on occupiers rather than Environment, Heritage and Local Government if owners, and there are no plans to amend this he will consider amending the law to permit local provision. authorities to remove graffiti from private prop- Litter pollution legislation and management is erty in clear view from public roads within seven kept under review by my Department by refer- days of serving a notice on the occupier of their ence, where appropriate, to best practice in intention, instead of requiring the often cumber- other countries. 1489 Questions— 29 June 2005. Written Answers 1490

First-Time House Buyers. available up to end-2004 in the 2004 annual housing statistics bulletin. Data relevant to the ques- 516. Mr. Bruton asked the Minister for the tion is also available on the Department’s website Environment, Heritage and Local Government at www.environ.ie. the estimated number of first-time buyers annu- A rent subsidy does not operate for all afford- ally from 1997 to date. [23413/05] able housing but only for cases in which shared Minister of State at the Department of the ownership arrangements are involved. This sub- Environment, Heritage and Local Government sidy is payable to qualifying households based on (Mr. N. Ahern): My Department does not have income bands and applies to rent payments for definitive figures on the number of first-time buy- that portion of the equity not yet purchased. ers in the housing market. However, using data The qualifying income limits and the amounts on the numbers of loans drawn down for new and of the rent subsidy were increased four years ago for all transactions completed on or after 15 June second hand houses, together with data on buyer 2000. They are now set as follows: status based on a voluntary statistical survey of mortgagees, the following estimates arise: Household Income per annum Rent Subsidy payable per annum Year Estimated number of First-Time Buyers \13,000 and under \2,550 1997 25,000 \13,001 to \15,500 \2,300 1998 27,000 \15,501 to \18,000 \2,050 1999 35,000 \18,001 to \20,500 \1,800 2000 32,000 \20,501 to \23,000 \1,550 2001 31,000 \23,001 to \25,500 \1,300 2002 33,000 Over \25,500 Nil 2003 32,000 2004 34,000 In July 2004, I announced significant improvements to the loan and income eligibility limits for My Department is currently developing a new shared ownership and affordable housing house price statistics system, which will incorpor- schemes. The revised income limit was increased ate the production of a mix-adjusted house price to \36,800 for a single income household and index, as well as characteristics such as type of \92,000 for a two-income household, while the buyer, including first-time buyer, region, age of maximum loan that may be advanced for a local dwelling, house type and number of rooms. It is authority house purchase is \165,000. In addition, hoped to launch this system later this year. the period for which local authorities may As the data outlined is based on profiling those advance loans has been extended from 25 years taking out mortgages for house purchase pur- to 30 years. poses, it will not cover all purchases of new or The information sought in the matter of appli- second-hand houses. It is estimated that in 2004, cants in receipt of rent subsidy is set out in the approximately 35% of new houses were not mort- following table. gage financed. Year Rent subsidy No. of applicants Social and Affordable Housing. \ 517. Mr. Bruton asked the Minister for the Environment, Heritage and Local Government 1999 N/A N/A the number of persons purchasing under the 2000 N/A N/A affordable housing scheme since 1999 to date; the 2001 46,516.16 90 amount of rent subsidy awarded under the afford- 2002 221,279 332 able housing scheme form 1999 to date; the 2003 280,897 286 number of applicants obtaining the subsidy to 2004 1,110,463 437 date; the income thresholds for qualifying for the 2005 (year to date) 426,983 156 subsidy to date; and the income limit to qualify for an affordable housing purchase to date. [23414/05] Local Authority Rates. Minister of State at the Department of the Environment, Heritage and Local Government 518. Mr. Bruton asked the Minister for the (Mr. N. Ahern): Details of the number of houses Environment, Heritage and Local Government completed under Part V of the Planning and the amount received in commercial rates since 1997 to date both nationally and in each Dublin Development Acts 2000-04 are published in my local authority. [23415/05] Department’s housing statistics bulletins. Infor- mation is already available up to September quar- Minister for the Environment, Heritage and ter 2004, copies of which are available in the Local Government (Mr. Roche): The information Oireachtas library. Information will shortly be requested is set out in the following table. 1491 Questions— 29 June 2005. Written Answers 1492

[Mr. Roche.] Income from commercial rates 1997-2004.

Year National Dublin City South Dublin Fingal County Dun Laoghaire Council County Council Council Rathdown County Council

\m \m \m \m \m

1997 458.16 122.94 31.12 21.54 30.24 1998 493.10 128.22 33.77 25.35 33.17 1999 538.99 140.52 38.84 28.48 35.76 2000 587.41 147.48 41.86 38.79 37.92 2001 663.84 163.38 52.00 47.53 41.83 2002 751.24 179.23 63.56 56.63 50.91 2003 839.37 194.40 70.70 62.60 59.20 2004* 907.60 209.37 75.42 70.03 60.74 *The figures for 2004 are the amounts of rates levied.

Development Levies. Motor Taxation 519. Mr. Bruton asked the Minister for the 521. Mr. Bruton asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the amount received in development levies, dis- the value of motor tax raised in 2004 and 2005 tinguishing the amount paid on housing and other distinguishing the amount collected from private industry levies. [23416/05] cars, PSVs, commercial vehicles and so on. [23418/05] Minister for the Environment, Heritage and Local Government (Mr. Roche): Information in Minister for the Environment, Heritage and regard to development contributions collected by Local Government (Mr. Roche): The information planning authorities are published in my Depart- requested is being compiled and will be for- ment’s annual planning statistics, which are avail- warded to the Deputy shortly. able in the Oireachtas Library. The total amount of development contributions on all devel- Radon Gas. opments commercial, industrial and residential 522. Mr. P. Breen asked the Minister for the collected by planning authorities in 2003 was \215 Environment, Heritage and Local Government million. The 2004 planning statistics are currently the number of homes in County Clare in which being compiled; an initial estimate of the amount high incidents of radon are present; his plans to collected in development contributions in that introduce grant aid to home owners for the pro- year is \350 million. The amount collected is not vision of radon barriers; and if he will make a distinguishable as between housing and industrial statement on the matter. [23427/05] development contributions. Minister for the Environment, Heritage and Local Government (Mr. Roche): Over the years, Local Authority Housing. the Government, largely through the Radiologi- 520. Mr. Bruton asked the Minister for the cal Protection Institute of Ireland, has committed Environment, Heritage and Local Government significant resources to assessing the extent of the the number of families on the social housing wait- radon problem throughout the country and to ing list since 1997 to date. [23417/05] increasing public awareness of radon and public health. Minister of State at the Department of the To date, the institute has carried out a survey Environment, Heritage and Local Government of 1,487 homes in County Clare. Of these, 224 (Mr. N. Ahern): The statutory assessment of were found to have radon levels above the housing need is undertaken on a triennial basis national reference level of 200 Bq/m3. The refer- by local authorities. The most recent assessment ence level for long-term exposure to radon in a was undertaken by local authorities in March house, above which the need for remedial action 2005 and it is anticipated that the results of this should be considered, is 200 Bq/m3. As part of assessment will be available for publication in this survey, 275 workplaces were also surveyed, September of this year. The previous two assess- and out of these there were 12 workplaces above ments took place in 2002 and 1999 and indicated the national reference level for workplaces, 400 that in March 2002 a total of 48,413 households Bq/m3. Some 135 schools were surveyed, and of were in need of social housing compared with these 23 were found to have levels above 23 39,176 in 1999. Detailed information on housing Bq/m3 and 11 had radon levels above 400 Bq/m3. needs was published in my Department’s housing Although a provision of Exchequer grant statistics bulletins for the September quarters in assistance to home owners for the provision of 1999 and 2002 and copies are available in the radon barriers or remediation is not envisaged, Oireachtas library. my Department along with the institute will con- 1493 Questions— 29 June 2005. Written Answers 1494 tinue to provide information and increase aware- month, it published a booklet entitled, Under- ness of the risks associated with radon in order standing Radon — A Householder’s Guide. That to enable and assist householders undertake any guide is directed at householders who have been necessary remediation works in an effective and informed that they have radon concentration lev- economical manner. els above the national reference level in their Upgraded building regulations, introduced in homes. The aim of the guide is to assist such June 1997 require that all new houses, which householders in interpreting their radon measure- commenced construction on or after 1 July 1998, ment results and in deciding how to deal with the incorporated radon protection measures. In problem. The institute has also printed an infor- October 2004, my Department published an mation poster on radon for display in libraries, updated edition of technical guidance document medical centres, etc., advising people to have C (TGD-C) on part C of the building regulations, their homes checked for radon. The institute has site preparation and resistance to moisture, also begun a new radon awareness campaign, incorporating enhanced radon prevention which will involve a series of nationwide public measures for new buildings commencing on or information seminars on the dangers of radon, after 1 April 2005. and which will be targeted at selected high radon For many years now, the institute, through areas. As part of this campaign the institute has press releases and radio and TV interviews, and organised road shows to further heighten aware- through its own published reports on radon, has ness in regard to radon, particularly in areas with promoted public awareness of radon and high- high radon levels. lighting the risks associated with exposure to Local Authority Housing. radon. The institute has long been encouraging householders, particularly those in high radon 523. Mr. P. Breen asked the Minister for the areas, to have their homes tested for radon and Environment, Heritage and Local Government to undertake radon remediation works where the number of housing completions in County necessary. Clare for each of the years 2000 to 2004; and if he The institute has undertaken several other will make a statement on the matter. [23428/05] initiatives to further heighten public awareness of Minister of State at the Department of the the radon issue. In November 2004, it hosted the Environment, Heritage and Local Government third national radon forum in Dublin to raise (Mr. N. Ahern): The information requested is set awareness of radon as a health risk. That same out in the following table:

Local Authority House Completions.

Local Authority 2000 2001 2002 2003 2004

Clare County Council 22 75 68 68 51 Ennis Town Council 3 3 28 35 21 Kilrush Town Council 3 27800

Departmental Correspondence. EU Directives. 524. Mr. Timmins asked the Minister for the 527. Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government he has received correspondence from an associ- further to Parliamentary Question No. 874 of 14 ation (details supplied) in County Kildare; if he June 2005, when he intends to submit the docu- will meet this association to hear its concerns; and mentation to the EU; and if he will make a state- if he will make a statement on the matter. ment on the matter. [23471/05] [23443/05] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): I expect to be in Local Government (Mr. Roche): The association a position to submit a final version of Ireland’s in question is represented on the working group nitrates action programme to the European Com- was set up to review the management of dog mission in July. breeding establishments and has, accordingly, a forum in which to make its views known to me. Water and Sewerage Schemes. Pending the completion of the report of the work- 528. Mr. P. McGrath asked the Minister for the ing group, I have no proposals to meet with the Environment, Heritage and Local Government association. when a scheme (details supplied) will be completed; the estimated cost of these works; and the Question No. 525 answered with Question number of households which will be connected to No. 492. the scheme. [23479/05] Question No. 526 answered with Question Minister for the Environment, Heritage and No. 491. Local Government (Mr. Roche): The Annagh- 1495 Questions— 29 June 2005. Written Answers 1496

[Mr. Roche.] ive. My Department recently approved the Baylin water scheme was completed some years council’s brief for the appointment of a client’s ago under my Department’s water services representative to prepare tender documents for investment programme at a cost of \4.8 million. the scheme. Detailed information relating to the number of 530. Mr. Crawford asked the Minister for the households connected to this scheme may appro- Environment, Heritage and Local Government priately be sought from Westmeath County the progress made in regard to the sewerage col- Council. lection scheme for Monaghan town; if it has gone 529. Mr. Crawford asked the Minister for the for tender; when the money will be made avail- Environment, Heritage and Local Government able; and if he will make a statement on the the position regarding the improvements to the matter. [23495/05] sewerage and water scheme in Carrickmacross; when the facilities will be put in place; and if he Minister for the Environment, Heritage and will make a statement on the matter. [23494/05] Local Government (Mr. Roche): The Monaghan town sewerage scheme is included in my Depart- Minister for the Environment, Heritage and ment’s water services investment programme Local Government (Mr. Roche): The Carrick- 2004-2006 as a scheme to commence construction macross sewerage scheme is included in my this year at an estimated cost of \26.76 million. Department’s water services investment prog- I recently approved Monaghan County ramme 2004-06 as a scheme to commence con- Council’s preliminary planning report for phase 1 struction this year. Further consideration will be of the scheme which involves new surface water given to Monaghan County Council’s contract sewers, pumping stations and rehabilitation of documents for the waste water collection system foul sewers in the town centre. The council may, on receipt of additional information requested by accordingly, proceed with the preparation of con- my Department from the council earlier this tract documents for this phase of the works. I also month. The council’s preliminary report for the recently conveyed approval to the council to pro- upgrading of the waste water treatment works is ceed with advance works to service new housing under examination in my Department and will be development on the Old Armagh-Castleblayney dealt with as quickly as possible. Road. My Department is awaiting a preliminary The Carrickmacross water supply scheme is report from the council in relation to phase 2 of included in the water services investment prog- the scheme which is intended to service areas out- ramme under the rural towns and villages initiat- side the immediate town centre.