Vol. 699 Wednesday, No. 2 20 January 2010

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Wednesday, 20 January 2010.

Leaders’ Questions ……………………………… 567 Ceisteanna—Questions Taoiseach ………………………………… 576 Requests to move Adjournment of Dáil under Standing Order 32 ……………… 585 Order of Business ……………………………… 586 European Council Meeting: Statements ……………………… 597 Ceisteanna—Questions (resumed) Minister for Defence Priority Questions …………………………… 614 Other Questions …………………………… 626 Private Notice Questions Industrial Action ……………………………… 638 Operational Co-operation on EU Internal Security: Motion………………… 646 Adjournment Debate Matters …………………………… 655 Planning and Development (Amendment) Bill 2009 [Seanad]: Second Stage (resumed)………656 Private Members’ Business Banking Crisis: Motion (resumed) ……………………… 675 Adjournment Debate Job Creation ……………………………… 702 Substance Abuse ……………………………… 704 Tourism Promotion …………………………… 706 School Libraries ……………………………… 709 Questions: Written Answers …………………………… 711 DÁIL ÉIREANN

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Dé Céadaoin, 20 Eanáir 2010. Wednesday, 20 January 2010.

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

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Paidir. Prayer.

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Leaders’ Questions. Deputy Enda Kenny: Yesterday we had a number of questions, statements and the debate on a Labour Party motion in respect of the banking crisis and an investigation into that. The Government has published its proposals. Those proposals do not take into account the extent of public anger that is out there. I agree with the words of the Minister for Finance this morning when he said that what the public want to see is the law of the land implemented in respect of malpractice in banks and financial institutions. Two investigations are ongoing in that regard, one by the Office of the Director of Corporate Enforcement and another by the fraud squad. I had hoped those investigations would have been brought to a conclusion earlier, but they are proceeding. When one considers the back- to-back loans, for instance, that were in evidence, which were electronic transactions, an investi- gation could have been completed in two hours and a file prepared for the DPP. In any event, the position in so far as the Government is now concerned is that there will be no forensic analysis of regulatory and policy failures or internal and audit competency that the public will be able to see. The public could see what happened with the committee of investigation into the Iraq war in Britain, or the financial inquiry commission in the United States. The Government has made a strong defence of the commission of investigation facility by saying the Murphy inquiry worked well, as did a number of other inquiries, which they did, but the victims in those cases were children who were victims of sexual abuse and the inquiries had to be held in private. The victims in these cases are the working taxpayers of this country who are now faced with pensions lost, negative equity, difficulty in paying mortgages and an understanding and percep- tion that white collar crime does pay. The way the Government published its proposals yesterday means there will be no forensic public analysis of what happened. It effectively means the Taoiseach, as a former Minister for Finance, who has said he wants to co-operate fully in any way he can, will not be called before an Oireachtas committee to give evidence. Why would that happen if what I assume is being talked about takes place, that the committee in question would be chaired by a member of the Fianna Fáil Party and would be most unlikely to call the Taoiseach, Deputy Cowen, the former Taoiseach, Deputy , or the former Minister for Finance, Mr. Charlie McCreevy? In effect, the Government proposals for the scoping facility, the terms of reference for the commission of investigation and an Oireachtas committee being sidelined to the role of com- 567 Leaders’ 20 January 2010. Questions

[Deputy Enda Kenny.] mentator means that there will not be public scrutiny and members of the public will not be able to see what happens in respect of the regulatory and policy failures that are concerned. Does the Taoiseach accept that, in effect, following the proposals announced in a gushing fashion by the Minister for the Environment, Heritage and Local Government, Deputy Gormley, after his green summit with Fianna Fáil, the Taoiseach will never have to give evi- dence in public to account for policy positions adopted by him and his colleagues in Government?

Deputies: Hear, hear.

The Taoiseach: Deputy Kenny is talking patent nonsense.

Deputy Bernard J. Durkan: He is telling the truth and the Taoiseach knows it.

Deputy P. J. Sheehan: The truth is bitter.

The Taoiseach: The continuing allegations being made by him have no substance. The reverse is the case. What is proposed is designed to discover the true causes of the banking crisis——

Deputy Pádraic McCormack: That you reversed last night.

The Taoiseach: ——not what people think or assume are the causes, and to do so through the use of the best available expertise and in a timely and cost effective manner. The framework which has been brought forward by Government seeks to learn from the lessons of the past where inquiries have gone on for too long and to ensure that answers are obtained as quickly as possible and within a timeframe in which they can inform what needs to be done. Ireland’s international reputation would not be assisted by an inefficient inquiry that is not focused. Such an inquiry would not serve the public as it would inhibit, not assist, the steps necessary for recovery. Each of the three essential stages of the inquiry involves the Oireachtas or uses a process determined by it. The first stage involves a preliminary consideration of the causes of the regulatory failures and banking crisis by independent experts. The Oireachtas will be involved from the beginning because the Oireachtas committee will meet the Governor of the Central Bank and the independent expert or experts at the outset to brief them on the priorities of the Oireachtas for investigation. Those experts will independently consider what happened, provide their preliminary view on the causes, decide what needs to be done and the further investigation that needs to be carried out.

Deputy Jim O’Keeffe: Who does the Taoiseach have in mind?

The Taoiseach: The second stage uses a process——

Deputy P. J. Sheehan: Paddy the plasterer.

The Taoiseach: ——the commission of investigation, which the Oireachtas has determined — based on the lessons of the past — is an efficient and cost effective method of inquiry whose independence is guaranteed.

Deputy Pádraic McCormack: The Taoiseach must have been expecting the question.

The Taoiseach: That method of inquiry has worked well in the past, most recently in the context of the Murphy report. The commission of investigation has been provided by the 568 Leaders’ 20 January 2010. Questions

Oireachtas with all the powers the Oireachtas believes are necessary to enable it to investigate a matter of significant public concern. The tight timeline for the work will ensure the report of the commission is available to the Oireachtas for further consideration and action as quickly as possible thereafter. That method of inquiry has been supported and a law passed by the Oireachtas which some Members now seem to claim constitutes a whitewash. The third stage involves the consideration of the report by the Oireachtas and action by an appropriate Oireachtas committee. The suggestion that the inquiry is a whitewash because hearings will be in private makes no sense. It is the findings and recommendations that are of importance. These will be published, considered and debated. Those that make the allegation of a whitewash are really complaining that not every wild allegation can be published or proffered. The public are interested in balanced findings that ascertain what went wrong and provide guidance as to how mistakes can be avoided in the future. We have outlined a means by which an independent statutory inquiry can take place by assembling the facts through the reports that will be done by the governor and an indepen- dent expert, and to proceed thereafter as the Oireachtas sees fit.

Deputy Pádraic McCormack: The reports will be censored.

Deputy Seymour Crawford: Where are the Greens?

Deputy Enda Kenny: It may well be that the governor of the Central Bank, a person to whom no fault can be imputed, wants an inquiry because the Central Bank was obviously centrally involved in this. I want to ask the Taoiseach two further questions. First, he said that when the commission of investigation completes its work, it will all be done in private. The findings of the commission of investigation, as the Taoiseach said, will be published, considered and debated by the Oireachtas committee, presumably under the control of a Fianna Fáil chairman. What is the function of that consideration if, for example, somebody produces evidence of a “deep throat” nature that was not considered by the commission of investigation? Will the Oireachtas com- mittee have the opportunity and responsibility for further investigation, if necessary? Will it be in a position to change the published findings of the commission of investigation if such evi- dence were to come forward? Second, my contention is that, under the current structure, neither the Taoiseach, Mr. Charlie McCreevy or Deputy Bertie Ahern, as people involved in the Department of Finance and high political office, will be required to give evidence in public. However, I take the Taoiseach at his word. He has said on more than one occasion that he always accepts responsibility for his actions, he stands over them and he wants to co-operate in whatever way is possible in the public interest. I accept that. If that is the case, he will be aware that the Commissions of Investigation Act 2004, section 11, clearly states:

A commission shall conduct its investigation in private unless—

(a) a witness requests that all or part of his or her evidence be heard in public and the commission grants the request,

or

(b) the commission is satisfied that it is desirable in the interests of both the investigation and fair procedures to hear all or part of the evidence of a witness in public.

I would like the Taoiseach to confirm now to the Dáil that, because there are no constitutional or legal impediments to a forensic analysis of the policy decisions that the Taoiseach directed 569 Leaders’ 20 January 2010. Questions

[Deputy Enda Kenny.] as Minister for Finance and as Taoiseach, those hearings of the commission of investigation will be held in public in accordance with section 11 of the 2004 Act. That would go some small way to at least enabling the public to see some people answer for policy decisions that were taken when they were given that responsibility. Will the Taoiseach direct, as is his right, that the terms of the reference for the commission of investigation stipulate that the policy analysis of himself and his fellow Ministers and predecessors will be heard in public?

The Taoiseach: As the Deputy said, the commission of investigation is set up under the relevant Act and it can decide to meet in public in whatever way it wishes. I have no problem dealing with these matters in any way that enables me to deal with my public duties and discharge them publicly. I am accountable to this House on a daily basis for every decision I have made both now and in the past. I have no problem in regard to any of these matters as to how the commission wishes to proceed and I will facilitate all of that without any difficulty in terms of how I deal with my responsibilities. The commission of investigation is set up under the Act. It determines how it proceeds and I will comply with any procedure that arises. There is no problem on my part. The interaction between the Department, the Central Bank, the regulator and all the rest is a part of the scoping exercise that will be conducted by the Central Bank governor and the independent expert. Arising out of and based on the conclusions that will come from those reports, terms of reference will be decided upon by the Oireachtas. Whatever emerges and has to be investigated, the Government and every one of its members will facilitate, assist and co- operate in every way possible. We are obliged to do that anyway. I have no problem whatever with that. The continuing political charge that the Deputy makes that in some way——

Deputy Enda Kenny: Will the Taoiseach direct that the terms of reference specifically——

The Taoiseach: ——Deputy has a problem with the tribunal is nonsense. What I did say from the outset as Taoiseach, and have always said, is that these matters must have careful consideration. We have seen in the past, in the aftermath of tribunals of inquiry held under other Acts, that every time one is held, someone says “We will never do it this way again” and they then jump straight in and we have another one that goes on for ten or 12 years at a cost of €200 million or €300 million to the taxpayer.

Deputy Enda Kenny: Will the Taoiseach specify that they will be held in public?

The Taoiseach: Taxpayers are saying we should deal with the facts. Let us deal with the background and causes of this problem, let us get it out there so the facts can be assembled, let us do it in a way that employs the necessary expertise to do it, let the commission of investigation be brought into effect after that, based on terms of reference decided here, which we will all discuss, and let people go in and give their positions based on any investigation that the commission wishes to conduct. That is the position. There is no ambiguity about it. There is no reluctance on my part whatsoever. I have a responsibility to discharge and I will discharge it. I hope the Deputy will do the same.

Deputy Enda Kenny: So they will be public hearings.

Deputy Eamon Gilmore: The Taoiseach’s response to the call for a public inquiry — I heard the Minister for Finance this morning making the same point — is to attack the idea of a tribunal. Nobody is proposing the establishment of a tribunal. What the Labour Party has proposed is that there should be a parliamentary inquiry similar to the DIRT inquiry. The Government should stop knocking something that has not been proposed in the first place. 570 Leaders’ 20 January 2010. Questions

There are two issues here, first, whether the inquiry will be public or private. Fianna Fáil wants a private inquiry. The rest of us want a public inquiry. The decision on that will be made tonight when we vote on the Labour Party motion and every Member of the House, including the Green Party Ministers and Deputies who claim they want a public inquiry, will have the opportunity to vote for a private or public inquiry at 8.30 p.m. What I want to concentrate on is the content of the Government’s proposed inquiry. Yester- day, the Minister for Finance said that inquiry would not be permitted to examine decisions taken by the Government since the crisis erupted, such as the nationalisation of Anglo Irish Bank or the decision to introduce the bank guarantee scheme. I heard him on radio this morn- ing making a similar suggestion. Suppose the British Government took that approach to the current inquiry on the Iraq war, which we see on television. It would have an inquiry which would be questioning whether Saddam Hussein had weapons of mass destruction, and what the United Nations discussed and decided, but the only thing into which it would not be able to inquire would be the British Government’s decision to go to war, which of course would have the convenient consequence that Mr. Blair would not have to appear as a witness, as he is on Friday, and nor would Mr. Hoon. What the Government is doing here is setting up an inquiry into everything about banking, including the international context, except the Government’s own decisions, such as the critical decision to introduce the guarantee scheme, which is what has locked the Irish taxpayer into paying for the banking crisis. There were several issues involved in September 2008, particularly on 29 September 2008, which require to be investigated and require answers. With whom did members of the Government meet on that date? Why was a decision taken to give a guarantee to Anglo Irish Bank?

Deputy Michael D. Higgins: Yes.

Deputy Eamon Gilmore: We can understand the systemic importance of the two big banks with branches in every town in Ireland but why did the Government decide to give a guarantee to what was a piggy bank for rogue developers in many cases, as we now know? We have seen that within four months it had to be nationalised, with huge sums of the taxpayers’ hard-earned money put in to keep it afloat. These decisions should be investigated. Why did the Government decide, for example, to include dated subordinated debt, which I asked about at the time but did not get an answer in the debate on the guarantee scheme? With whom did the Government members meet on the day it was decided to bring in the guarantee scheme? Was a Bill prepared, as we heard, on that occasion to nationalise Anglo Irish Bank prior to the introduction of the guarantee scheme? Why did it not proceed? What the Government is proposing will exclude any investigation of these issues. Will the Taoiseach agree, at a minimum, to include in this process of investigation of any kind concern- ing the banking system the decisions made by the Government in September 2008, the reasons for them and the discussions which were had leading to them?

The Taoiseach: We have made it clear that the purpose of this inquiry is——

Deputy Pádraic McCormack: It is to hide the facts.

The Taoiseach: ——to look into the background and causes of the problem, not the decisions we have taken to get us out of the problem.

Deputy Joan Burton: That is not right. 571 Leaders’ 20 January 2010. Questions

The Taoiseach: Those decisions have been debated in this House ad nauseam, and all night on some occasions.

Deputy Pat Rabbitte: The debates were guillotined.

Deputy Dermot Ahern: The issues were debated ad nauseam.

An Ceann Comhairle: The Taoiseach without interruption.

The Taoiseach: The fact is the Labour Party does not agree with the decision we made at the time to bring forward a State guarantee.

Deputy Michael D. Higgins: Including Anglo.

Deputy Joan Burton: For Anglo Irish Bank.

The Taoiseach: It claims it was unnecessary.

Deputy : For any bank.

The Taoiseach: It claims it was wrong.

Deputy Joan Burton: For Anglo Irish Bank and Irish Nationwide.

The Taoiseach: The fact is we had to get state aid approval from the European Commission for that decision. The reason the decision was approved by the European Commission was because it was necessary in the view of the Commission to avoid a meltdown in the banking system of this country at that time——

Deputy Michael D. Higgins: To save it.

The Taoiseach: ——which would have happened if we did not provide a guarantee for the system.

Deputy Kathleen Lynch: What about Anglo Irish?

The Taoiseach: The reason banks were guaranteed in that respect is because they were institutions of systemic importance.

An Ceann Comhairle: Deputies, please.

The Taoiseach: That fact is not controverted by the European Commission. That state aid approval given for the State guarantee confirms the necessity of the decision. The Deputy will continue to come to this House for the next 18 months as he has for the past 18 months saying he did not agree with that decision. That is fine as it is his position. The consequences of going with his policy position at the time would have been a meltdown in the financial system.

Deputy Dermot Ahern: Hear, hear.

Deputy Michael D. Higgins: Answer the question.

Deputy Bernard J. Durkan: It had already melted at that stage.

Deputy Dermot Ahern: He has answered the question but the Deputy is too thick to hear it.

An Ceann Comhairle: I will allow a final supplementary question from Deputy Gilmore. 572 Leaders’ 20 January 2010. Questions

Deputy Michael D. Higgins: It is nonsense.

Deputy Eamon Gilmore: The Taoiseach has said the European Commission wanted to save Anglo Irish Bank. Let us hear directly from the officers in the European Commission who had that opinion by means of an inquiry.

Deputy Pat Rabbitte: They were furious.

Deputy Eamon Gilmore: We can hear their opinions on whether Anglo Irish Bank should have been saved at that stage. Some €11 billion of taxpayers’ money has gone into these banks to date. Within four months of the Government introducing a guarantee for Anglo Irish Bank, it had to be nationalised. The cost is enormous. We can leave aside the issue of whether the inquiry will be held in public or private for a moment as it will be decided by a vote tonight, and everybody can make up their own mind on it and answer for their vote to the electorate afterwards. The critical element is that the Government is excluding — even from the private inquiry it is now conceding — the critical decision in respect of Anglo Irish Bank in particular. This was a delinquent bank and rotten apple at the heart of the banking system which lent money recklessly. We saw a recent “Prime Time” programme on what was happening in some of the institutions. On 29 September 2008, the Government took the decision to give a State guarantee to that institution as it was to Bank of Ireland and Allied Irish Banks on the grounds that it was of systemic importance. That is the big conundrum and such a major question requires answers. No answers have been provided for that here. This is one of the issues I want to see examined and investigated by whatever type of inquiry is established but it has been excluded from the Government’s proposals.

Deputy Michael D. Higgins: Exactly.

Deputy Eamon Gilmore: I will say the following to the Taoiseach. I believe he is excluding the issue for political purposes. What he is now establishing is not an inquiry into what went wrong in the banking system so that we can learn from it. He is establishing something to cover the tracks of bad decisions made by him and his Government for whatever reason, which is not acceptable to us and I do not believe it will be acceptable to the public.

Deputy Kathleen Lynch: Hear, hear.

The Taoiseach: The Deputy claims it was a bad decision——

Deputy Eamon Gilmore: Yes.

The Taoiseach: ——to guarantee the bank.

Deputy Eamon Gilmore: What did it cost? What was the price of it?

Deputy Michael D. Higgins: Including Anglo.

The Taoiseach: Let me answer. I had to listen to what the Deputy had to say.

Deputy Eamon Gilmore: What is the price of it to date?

An Ceann Comhairle: Deputy, please. 573 Leaders’ 20 January 2010. Questions

The Taoiseach: Much of what the Deputy had to say was contention and assertion dressed up as fact. He has claimed it was a bad idea and I accept that he disagrees with the decision for the State to provide a guarantee for the banks.

Deputy Michael D. Higgins: And include Anglo.

The Taoiseach: I am saying that the loss to the Irish economy and the Exchequer would have been huge — astronomical — had we not made that decision.

Deputy Joan Burton: Is it not astronomical at the moment?

An Ceann Comhairle: Deputy Burton, please.

The Taoiseach: These are the facts, which are backed up by——

Deputy Joan Burton: Was the economy not affected?

The Taoiseach: One cannot open one’s mouth. The Deputy now has something to say.

Deputy Joan Burton: It has been destroyed.

The Taoiseach: If I may be allowed to answer?

Deputy Joan Burton: Destroyed.

Deputy Micheál Martin: Deputy Burton does not want to hear this.

Deputy Pat Rabbitte: It is a pity we do not have one for health, Micheál.

An Ceann Comhairle: Deputy Burton, please.

The Taoiseach: If the Deputies have a good case, they will not need to shout me down. I have listened to the Deputy’s comments.

(Interruptions).

The Taoiseach: The answer to the question is——

An Ceann Comhairle: Deputy Martin, please.

Deputy Joan Burton: Tell that to the people who are unemployed——

The Taoiseach: They do not want the answers.

Deputy Joan Burton: ——and the people who have lost——

An Ceann Comhairle: The Deputy should make remarks through the Chair. The Taoiseach has the floor.

The Taoiseach: The European Commission approved that process because it was necessary. That is a criterion on which to approve the process. The Commission indicated clearly that it was. When we subsequently amended the State guarantee and went beyond the September 2010 deadline for certain types of debt, the Commission reaffirmed the necessity to continue with that guarantee in the way we have proceeded.

Deputy Pádraic McCormack: We should investigate the process so. 574 Leaders’ 20 January 2010. Questions

The Taoiseach: If the Deputy and I have a view——

Deputy Joan Burton: What is the point of the inquiry?

The Taoiseach: If the European Commission gives the ultimate approval for the decision, I suggest the correct decision is more on my side of the fence than it is on the Deputy’s.

Deputy Pádraic McCormack: When was it taken?

Deputy Joan Burton: That is the Taoiseach’s perspective.

An Ceann Comhairle: Deputy Burton, please.

The Taoiseach: Leaving that aside for a moment——

Deputy Joan Burton: Is that——

An Ceann Comhairle: Deputy Burton, please.

The Taoiseach: We are in a Parliament. The Deputy has asked a question and is entitled to an answer. Deputy Burton is not allowed to continue to interrupt.

Deputy John Moloney: Listening might be of more use.

The Taoiseach: I have listened with respect to the Deputy’s leader and I ask for a bit of respect in return. The issue of public and private inquiries has been raised. The UK is on its fourth inquiry on the Iraq issue, I understand.

Deputy Joan Burton: That is proper order.

The Taoiseach: On the issue of a public or private inquiry, if we go for a public inquiry, as the Deputy suggests, in re Haughey procedures come into place and we know where that will lead in terms of procedure, time and cost. We came to this House in 2004 to learn from those lessons of the past under the various tribunals of another Act. We said there would be a committee of investigation giving us the benefit of tribunal-like powers for the commission but not the costs associated with tribunals in the past and the time lags involved in proceeding with issues of public concern. Under the Act they are supposed to be matters of urgent public importance but they are still being considered a dozen years on. We came to this House and debated the matter, bringing forward a process as a means by which we could act. It is independent and statutory and if we are going to denigrate the people who will be asked to do this job before we even start, that is perhaps an indication of the disposition and demeanour of the people criticising it.

Deputy Dermot Ahern: They are a circus.

The Taoiseach: It will be an independent statutory inquiry. On 1 December, less than two months ago, people stood up on all sides of this House and praised how we had, through that process, come forward with a report from Mr. Justice Murphy dealing with issues which were in the darkest parts of Irish society for 50 years. We were able to come forward with a process that provided clarity and graphic detail in many matters before that commission.

Deputy Paul Connaughton: That was a different matter.

Deputy Bernard J. Durkan: It was a long time coming. 575 Ceisteanna — 20 January 2010. Questions

An Ceann Comhairle: Deputy Durkan, please.

Deputy Joan Burton: We are talking about banks.

The Taoiseach: If we are interested in the findings and getting to the facts, causes and back- ground of the situation we are in, let us deal with the process, which has been tried and tested and has proved its credibility to the public as a means of dealing with the matter. We should do the job that is necessary and provide the expertise that is required, given the 11 o’clock complexity of the issues with which we are dealing. We should make sure we deal with all aspects of the matter and then come to this House on the basis of assemb- ling those facts and decide what it is we want to do at that stage. That is a matter for the Oireachtas to decide, but it is also clear from the Supreme Court and elsewhere that the question of using Oireachtas committees for the purpose of bringing forward facts, which are controverted, is not a means by which we can operate in a way that will have full constitutional protection. What we are better off doing is getting on with what we have achieved and what has been proven to work. We should make that happen and then the Oireachtas can deal with it. At every stage of the process we have ensured there will be an Oireachtas involvement.

Deputy Pádraic McCormack: What about September?

The Taoiseach: I know that will not satisfy people here like Deputies Kenny and Gilmore because they have predetermined the issue. They know the answer.

Deputy Eamon Gilmore: The Taoiseach knows the answer too and that is why he is not prepared to have——

The Taoiseach: We do not need an inquiry at all according to them because they know exactly what went on but I am prepared, following the completion of these two scoping reports, to let an independent statutory inquiry decide on those matters and I am in a position to assist in any way possible to achieve that.

Ceisteanna — Questions.

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Departmental Expenditure. 1. Deputy Caoimhghín Ó Caoláin asked the Taoiseach if he will make a statement on the Estimates in respect of his Department for 2010. [46879/09]

2. Deputy Caoimhghín Ó Caoláin asked the Taoiseach the implications of Budget 2010 for his Department and for agencies under its aegis in terms of staff numbers, remuneration and service provision. [46880/09]

3. Deputy Eamon Gilmore asked the Taoiseach if he will make a statement on the estimate in respect of his Department for 2010. [46961/09]

4. Deputy Eamon Gilmore asked the Taoiseach the extent to which decisions announced in Budget 2010 will impact on the operation of his Department or agencies for which his Depart- ment has overall responsibility; and if he will make a statement on the matter. [46962/09]

5. Deputy Eamon Gilmore asked the Taoiseach the savings to his Department’s payroll bill for 2010, arising from cuts in public sector pay announced in Budget 2010 on 9 December 2009; and if he will make a statement on the matter. [46963/09] 576 Ceisteanna — 20 January 2010. Questions

6. Deputy Eamon Gilmore asked the Taoiseach the bodies or agencies, operating under the aegis of his Department, to which the terms of the Financial Emergency Measures in the Public Interest (No 2) Act will apply; the estimated reduction in the annual wage bill of each such body or agency; the average reduction in pay in each case; and if he will make a statement on the matter. [48422/09]

7. Deputy Eamon Gilmore asked the Taoiseach the savings that will accrue to his Depart- ment arising from the public service pay cuts applied by the Financial Emergency Measures in the Public Interest (No. 2) Act; the number of personnel whose pay has been cut; the average reduction in each case; and if he will make a statement on the matter. [1582/10]

8. Deputy Eamon Gilmore asked the Taoiseach the number of personnel in his Department to whom the full public service pay cuts provided for by the Financial Emergency Measures in the Public Interest (No. 2) Act will not apply by virtue of circular 28/2009 issued by the Depart- ment of Finance on 22 December 2009; and if he will make a statement on the matter. [1583/10]

The Taoiseach: I propose to take Questions Nos. 1 to 8, inclusive, together. The total allocation for my Department in the Estimates set out in the budget book for 2010 is €28.818 million. This is an overall decrease of 11.8%, or €3.868 million, on the 2009 revised estimate allocation. The estimate for 2010 contains a number of significant changes to the Vote of the Depart- ment of the Taoiseach. Of the nine programme subheads in the estimate for 2009, six have been discontinued for 2010. These are the McCracken tribunal, the Forum for Peace and Reconciliation, the National Forum on Europe, the Newfoundland and Labrador Business Partnerships, the MacEntee Commission of Investigation and the Active Citizenship Office. In several cases, the activities funded under these subheads have come to a natural conclusion. In other cases, the Government decided to cease the relevant activities or to continue to support them from within the existing resources of my Department. Of the remaining programme subheads, there has been a reduction of 24% in the funding allocated to the National Economic and Social Development Office, and of 41% in the allocation for commemoration initiatives. The allocation for the Moriarty tribunal, at €7.5 million, is unchanged. On the administrative budget, the overall reduction in the estimate for 2010 is 5%. The administration subheads will be further adjusted in the revised estimate when the effect of the budget reductions in pay is applied. The reductions in public service pay announced by the Minister for Finance in the 2010 budget will naturally apply to all staff in my Department and in the National Economic and Social Development Office. As a result the overall payroll cost for my Department and the National Economic and Social Development Office will reduce by approximately €957,000, representing an average wage reduction of 6.5% for the total number of 233 staff involved. The budget did not contain any provisions in regard to staff numbers for my Department or its agencies and I do not expect any changes in existing service levels to occur. I look forward to addressing specific issues relating to the Estimates provisions when they are considered in the usual way by the Select Committee on Finance and the Public Service. I also look forward to responding to questions which Deputies may wish to table separately on specific aspects of the work of my Department. It is envisaged that the Revised Estimates for 2010 will be published in February 2010.

Deputy Caoimhghín Ó Caoláin: Is the Taoiseach concerned about the effect on staff in his Department and across all Departments of the pay cuts imposed in the budget? Is he concerned 577 Ceisteanna — 20 January 2010. Questions

[Deputy Caoimhghín Ó Caoláin.] about the disproportionate effect on lower paid public servants of the levies and pay cuts as against those falling within the higher income reaches?

Deputy Finian McGrath: Hear, hear.

Deputy Caoimhghín Ó Caoláin: Civil Service unions have announced their intention to undertake work to rule action. Can the Taoiseach advise if this has commenced and if it has, how is it affecting the workings of his Department?

The Taoiseach: What was the Deputy’s second question?

Deputy Caoimhghín Ó Caoláin: Civil Service unions have announced their intention to undertake work to rule action. Has this commenced and if so, how is it affecting the workings of the Taoiseach’s Department? Has his or other Departments received notice of intent to take industrial action to restore pay rates and if not, does he anticipate such notice? In the period since the announcement of the budget each of us in our respective constituenc- ies have been exposed to the daily reality of many people on the lower income levels in the public service. We are being asked what we can do and what answers have we got. What answers would the Taoiseach give in the case of a typical public servant? A clerical worker who earned approximately €21,000 per annum in 2009 lost almost €300 to the pension levy and €370 to the income levy. Following the budget she will take a pay cut of 5% or €1050, and will also lose €32 in child benefit a month. She cannot afford to make ends meet. That is the daily reality for many people of which the Taoiseach and other Deputies must be aware. That woman has two young children, a large mortgage and her husband has only part-time work and earns an income of only €245 per week. How do I respond to that woman when she puts it to me that she cannot understand why the lower paid public servants should be hit with a second pay cut within a ten month period and why the higher paid are again being protected? We need some answers. What response is the Taoiseach giving in such instances? How has he addressed similar cases that must be reflected within his Department and others and some of the agencies working directly under his Department? There is little or no comprehension by the Taoiseach and other Ministers of the daily reality that low to middle income public servants have to face as a consequence of the measures introduced by his Government during 2009, which seriously impact on their lives as we face into 2010.

The Taoiseach: People must understand that if we are borrowing €400 million a week, that is an unsustainable position and we will put at risk jobs in all sectors of the economy, including the public service, unless we take remedial action. On the question of pay rates, savings of €1 billion have to be applied for 2010 arising from decisions we had to make in the budget on the pay issue. I emphasise that the Government has applied the pay reductions in a progressive way, unlike what the Deputy said. As with all the adjustments to the cost of public service pay, it has meant that lower paid public servants have suffered less of a net loss proportionately than those on the higher paid grades. A Civil Service clerical officer on the mid-point of the scale will have suffered a net loss over the course of the three budgets since autumn 2008 of approximately 11.7% of pay. The loss is still signifi- cant but should be compared to the net loss of those on higher paid grades. In the same period an assistant secretary has suffered a net loss of more than 24% of pay and a deputy secretary a net loss of more than 27% of pay. The highest paid civil servants — level 1 Secretaries General — who volunteered to take an additional pay reduction have seen their net pay reduce by more than one third. Therefore, it is not correct to say that there has not been a progressive proportionate hit on pay, according as one goes up the scales of salaries and remuneration. 578 Ceisteanna — 20 January 2010. Questions

It must also be pointed out with regard to assistant secretaries and equivalent grades that their pay was found by the Review Body on Higher Remuneration in the Public Sector not to be out of line with comparable grades in the eurozone. Applying the full reduction recom- mended by the body would have meant an effective average reduction of 18% in the remuner- ation package of an assistant secretary and 22% in that of a deputy secretary, both of which are greater than the reductions applied to other public servants, including Secretaries General. The Minister for Finance considered this to be inappropriate and decided that a different arrangement should apply to certain Civil Service and related grades in which the scheme of performance-related awards has been terminated. In all, approximately 600 employees in the public service are affected. The Minister therefore decided that the reduction for the grades of assistant and deputy secretary and related grades should comprise both the reduction in the salary scale and the termination of the award scheme, which is an effective reduction of 11.8% for assistant secretaries and 14% for deputy secretaries. Those are the full facts. Given that most public servants earn around €50,000 or less, in order to achieve the necessary savings it was not possible to exclude any group from the pay cut. However, the rates by which pay is being cut are progressive, with the lowest paid affected least. Reductions in remuneration range from 5% for the lower paid to 8% in the case of salaries up to €125,000. Salaries above that level are adjusted in line with the recommendations of the review body; in those cases the entire salary will be reduced by 8% for salaries of €125,000 to €165,000, 12% for salaries of €165,000 to €200,000, and 15% for salaries of €200,000 or more. The salary of the Secretary General of my Department has been reduced by 20%. This pay cut applies to all public servants in every area of the public service, including the Civil Service, local government, the health and education sectors, the Garda Síochána, the Defence Forces, non-commercial semi-State bodies and political office holders. Exceptions are being considered in view of this. Those are the full facts. There is an idea that the cuts are not progressive, but when everything is taken into account they are progressive. With regard to the possibility of industrial relations problems, I do not believe industrial action will serve any purpose. The response of the unions is a matter for the unions themselves. I would like to see them come back to the issues that need to be considered sooner rather than later. We need to consider non-pay issues as a means of ensuring that we are in a position, in due course, to maintain salary levels as they are at the moment. The decisions we had to take in December are in place and are now part of the situation.

Deputy Caoimhghín Ó Caoláin: Do I understand that notice of a work-to-rule action or intent to give effect to industrial action has not been served on the Department of the Taoiseach and other Departments by the representative trade unions? Can the Taoiseach clarify the facts in this regard? With respect to the Taoiseach’s claim that the cuts will affect people proportionately, he should make no mistake about it: a cut of €1,720 to an income of €21,000 is a devastating blow for a young woman with children whose husband is working part-time, with all the commit- ments they must face. In terms of a paper presentation of comparative percentage drops——

The Taoiseach: Paper?

Deputy Caoimhghín Ó Caoláin: That is what we are talking about — percentage this, percent- age that across the different income levels. It does not translate into reality or illustrate what people are facing on a daily basis. Does the Taoiseach not accept that the impact on this woman’s circumstances is much graver than is indicated by stating the percentage drop com- pared to the highest income earners within the public service? It is an indisputable fact and if 579 Ceisteanna — 20 January 2010. Questions

[Deputy Caoimhghín Ó Caoláin.] the Taoiseach does not accept it he is far removed from the reality of ordinary people’s lives. I can tell him it is a serious situation for them. How can the Taoiseach justify these cuts for people at the lowest income level while at the same time setting aside from his Department’s budget some €400,000 annually to support no less than three advisers for the Minister for Health and Children? He indicated that to us in response to parliamentary questions last year. A total of €400,000 is paid to three people for taking an advisory role to the Minister in a different Department. Does that cross-departmental arrangement apply in any other situation? Why should it apply in the case of the Minister for Health and Children, Deputy Harney? Why should the Taoiseach’s Department be the bail- out Department, transferring funds to the Department of Health and Children? The income earnings of those people far exceed those of ordinary low- to middle-income earners in the Taoiseach’s Department, yet he is quite happy to make a transfer of more than €400,000 annu- ally to the Minister in order to ensure her goodwill and allow her to act, as she has done over a number of years, as the apron for the attacks on the health system, saving the face of the Taoiseach and Fianna Fáil.

The Taoiseach: I suppose Question Time gives the Deputy a chance to do what he is doing now. However, the fact is that the health service costs €15 billion. If the Deputy thinks the Minister should carry out her functions without independent advice, that is his opinion, but it is of no relevance to the pay cuts of more than €1 billion in the public service. Those employees are subject to the same cuts in remuneration as people in the public service. They are not being treated any differently.

Deputy Caoimhghín Ó Caoláin: Why are there three of them at all? Why is the Taoiseach’s Department paying for them?

The Taoiseach: The Deputy is suggesting that if we did not have advisers we would not have to implement measures such as pay cuts. That is nonsense. We have a serious budgetary crisis that must be dealt with on both the pay side and the non-pay side. It is unfortunate. I would rather we did not have to consider such proposals, but we did. Such measures had to be taken. I am simply telling the Deputy that they are progressive and that those on lower wages are being asked to pay less. Ideally, we would like to be in a position to exempt low-paid people, but it is not possible to obtain savings of that magnitude from the public service pay bill when so many public servants are on salaries of €50,000 or less. The idea that we could find the money somewhere else and make up €1 billion from the public service pay bill in some other way is not feasible.

Deputy Caoimhghín Ó Caoláin: It is of course feasible. It was presented to the Government in a pre-budget submission.

The Taoiseach: The Deputy has had his day on that one. The Government had to take decisions to implement cuts of between 5% and 8% across the board in the public service. I have outlined the progressive nature of those decisions. If the Deputy considers the decisions we have taken since the crisis began he will see the percentages confirm that the cuts are progressive. They must be progressive in the interests of fairness all around. There are many other people outside the public sector who have unfortunately lost their jobs. The question of security of employment must also be taken into consideration. We must try to implement reforms in the public service and proceed in the years ahead on the basis of what is affordable and what is coming into the Exchequer, and that will involve much effort on everyone’s part. The idea that there is a simple black-and-white solution is not correct. 580 Ceisteanna — 20 January 2010. Questions

Deputy Caoimhghín Ó Caoláin: What about the trade unions? Have they served notice on the Department of work-to-rule or industrial action?

The Taoiseach: The Deputy is aware that the public services committee of the Irish Congress of Trade Unions has been holding meetings. ICTU will meet again this week and it has indi- cated its position publicly. Some unions have corresponded with management in these matters. As Taoiseach, I do not believe industrial action will provide a solution to any of these problems. In fact, it would affect services, which we need to avoid, particularly at present.

Deputy Eamon Gilmore: I have some questions for the Taoiseach about the cuts in pay to staff of his Department. Have these pay cuts already commenced, and from what date did they commence? Second, I refer to the decision that was taken subsequent to the Act being passed by the Houses of the Oireachtas to vary the manner in which it was to be applied to the grades of assistant and deputy secretary. Was that decision taken by the Government and was the Taoiseach personally involved in it? Third, the Taoiseach will recall that before Christmas, I asked him about the issue of staff who are employed by bodies which are funded by the public purse. I referred specifically to bodies such as charities and various non-governmental organisations and, in response, the Government introduced an amendment to the legislation to the effect that the pay cuts would apply only to those who enjoyed public sector pensions. I understand that the Health Service Executive has issued a circular to the bodies it funds directing them to cut the pay of the staffs concerned, many of which staffs are lowly paid, including those of various charities. What is the legal basis, if any, for such a circular and what is the position in this regard? Finally, when does the Taoiseach expect the Moriarty tribunal to report?

The Taoiseach: I do not have to hand the detail regarding the matter raised by the Deputy on the charity workers and the public service pension. While it is a matter that will be dealt with by the Department of Finance, I will convey the detail to the Deputy. I am not personally aware of the circular in question. As the Deputy is aware, the legislation was enacted for the purpose of being introduced during the course of 2010 and it now is in place. People will see this in their salaries and monthly cheques when they come through this month. People will see the changes that must be imposed, as I have stated, for reasons of financial necessity from the Government’s point of view. The other matter raised by the Deputy pertained to the Moriarty tribunal. I received corre- spondence in this regard before Christmas and I believe a report is due next month. I will convey to the Deputy the precise information that was conveyed to me by the chairman. I believe it will be next month and certainly it will be soon.

Deputy Eamon Gilmore: I acknowledge the Taoiseach’s response regarding the Moriarty tribunal and I will await the clarification he intends to send to me on the Health Service Executive circular and the position regarding the staffs of bodies that are funded by the public purse, rather than those who are directly employed in the public sector. I wish to pursue the other two matters I raised a little further. The Taoiseach did not respond to the question I asked about the decision that was taken to apply the cut to the salaries of assistant and deputy secretaries and similar grades on the basis of the consolidated pay plus bonus that had been removed previously. I asked the Taoiseach whether this was a decision taken by the Govern- ment and whether he was involved in that decision and I seek an answer in this regard. 581 Ceisteanna — 20 January 2010. Questions

[Deputy Eamon Gilmore.]

I am unclear in respect of the application of the pay cuts. I appreciate that the legislation was passed and that it was to have applied to 2010. My question was whether the process of cutting pay has begun and from what date.

The Taoiseach: I cannot give the Deputy the exact information as I do not have it to hand. While this is an issue for the Department responsible for the public service, I will find out the precise date on which it began. However, it is in process and so undoubtedly is proceeding. I will check for the Deputy whether there was a specific date on which an order was signed to enable this to happen but offhand I do not know what it is.

Deputy Eamon Gilmore: Was such an order signed? Is there a commencement order in this regard?

The Taoiseach: I do not have such information to hand. It really is a question to be put to the Minister for Finance, who is responsible for the line Department. I do not have responsibility in respect of the technical details. However, the Deputy may take it that it is proceeding. To be of assistance to the Deputy, I will procure for him any further details he requires in addition to what he already knows. On the Moriarty tribunal report, I have to hand a note stating that I was recently informed by Mr. Justice Moriarty that he intends to ensure that preparation for printing of the second and final part of the report will be completed by mid-February. That is the latest information I have.

Deputy Eamon Gilmore: With regard to the question on the decision about——

The Taoiseach: Yes, I will come to that. My recollection is that this issue was mentioned by the Minister for Finance at Cabinet. Approximately one third of those covered by the review body have been affected by the termination of an applicable performance-related awards scheme. The pay to one group, assistant secretaries, was found by the review body not to be out of line, having regard to its comparators in the eurozone. On the other hand, applying the full reduction recommended by the body would have meant an effective reduction of an aver- age of 18% and 22% in the remuneration packages of assistant secretaries and deputy secretar- ies, respectively, which would be higher than for other public servants, including Secretaries General. The Minister for Finance considered that this was not appropriate and decided that a different arrangement should apply to certain Civil Service and related grades where a scheme of performance-related awards has been terminated. In reply to Deputy Ó Caoláin, I made the point that approximately 600 employees in the public service would be affected. In those cases, the reduction comprises both the reduction in the salary scale and the termination of the awards scheme. I already have given the other information in reply to the previous question from Deputy Ó Caoláin. The Minister brought his obligation to consider the matter to the Govern- ment’s attention and he subsequently made the decision.

Deputy Jim O’Keeffe: Does the Taoiseach accept that much of the resentment arising from the Estimates and the budget is focused on the perception within the public service, which I consider to be supported by the facts, that the top levels of the Civil Service were able to look after themselves whereas this was not the case down the line? Does he accept that the reason cuts were avoided at the top level may have been because those involved have an influence in the final decisions that were made? This resentment is not simply felt by civil servants but also by the public. As for the top levels of the Civil Service, does he perceive a further problem regarding the position of Secretaries General? I refer to a supposed policy whereby they are 582 Ceisteanna — 20 January 2010. Questions meant to retire after seven years. However, this policy is not being adhered to and in many instances, they are staying on in the public service. Moreover, they are staying on at the same level of salary and no matter what their position, their salaries continue to be paid at Secretary General level.

An Ceann Comhairle: Deputy, we have a problem in that some of the questions pertain to the Minister for Finance. There is an expectation——

Deputy Jim O’Keeffe: I am talking about the Estimates, including one in particular which is the direct responsibility of the Taoiseach. I refer to the Office of the Parliamentary Draftsman, where the office is renewed after the seven-year period at the same salary. Moreover, the same principle applies even if those concerned are not renewed in the same office. Those who get another position within the Civil Service receive the same Secretary General salary right through to the end. Does the Taoiseach accept this hardly is an acceptable implementation of the policy that was introduced to put a term limit of seven years on the appointment of Secretaries General?

The Taoiseach: I would argue that the term limit has seen a high turnover at senior manage- ment level within the Civil Service. While I understand the thinking behind the reason it was introduced, people must consider whether it brings too great a turnover rate wherein people have been lost who one would have wished to stay on, if possible. There are pluses and minuses in respect of some of these matters. I accept that the position whereby a person who was appointed to such a position at a young age would remain there right up to retirement age, was not good either. It constitutes the other extreme to the argument. It is a question of trying to find the balance and reviewing how the policy has worked out in the light of experience. While there still are many benefits to the system, it is like every other issue, in that were one to go over it again, one should consider how one might tweak certain aspects. The Deputy suggested that people looked after themselves. There are independent processes. The review group on higher remuneration dictated the outcomes in the context of the job given to it by the Minister for Finance to make comparisons with similar sized countries. The comparisons at assistant secretary grade were in sync with other countries, whereas other higher grades were not in sync with these countries and, therefore, reductions were recommended. If anomalies arise in respect of the grades the review body was asked to look at and other related grades, there is also provision for the Minister to deal with them and the review body report refers to that. It is not correct to say it is a ready up for higher grades to look after themselves.

Deputy Jim O’Keeffe: That is the perception.

The Taoiseach: It is for us in public office to dispel that notion where it is not well grounded. Pay is not determined by those who hold the grade. Pay levels are recommended by an outside body. If someone says to a Deputy it is done another way, it is our job to say that is not the case even though that person might not like the outcome and he or she might have views on this issue. This is not an arbitrary system because that would not help morale in any way. It is difficult enough for people to take pay cuts but the notion that it is a total ready up is not the situation.

Deputy Denis Naughten: One of the core objectives of the Taoiseach’s Department is public service modernisation and he believes this is a key priority of the Department. With regard to the staff numbers in the public modernisation section of the Department, even though the issue has moved up the scale in priority within the Department in the past three years, staffing levels 583 Ceisteanna — 20 January 2010. Questions

[Deputy Denis Naughten.] have not increased. Does the Taoiseach believe he can deliver on the objective of transforming the public service with the present staff complement? I refer to the delivery of the modernisation programme. In the context of the changes that took place prior to Christmas regarding the pay cuts for senior management as a result of the order signed by the Minister for Finance, does the Taoiseach think it will be more difficult to deliver the programme? Many pubic servants are extremely hurt by the way they feel they have been hung out to dry by the Government while senior officials, who should have taken decisions to streamline the public service and to save taxpayers’ money, turned a blind eye to the need to change and to restructure and were given bonuses, which have been credited against pay cuts. My understanding is a bonus is not calculated as part of one’s salary and it is paid on top of one’s salary. Pay cuts should be applied to salaries and not bonuses. The structure adopted in the public service gives officials a double payment as a result of the initial bonus payment and the recent credit they have been given against pay cuts that everyone else has to take.

The Taoiseach: I do not agree with that argument because the introduction of the perform- ance-related bonus system for these grades was taken into account in determining salary levels by review bodies in the past. In other words, the existence of the system was taken into account when the review body was deciding the salary levels because the system was based on a dis- cretionary decision by senior management, year on year, depending on performance and that is the part of the balance between performance and bonus systems always. That the incentive exists for these grades and not for others was taken into account in determining salary levels. That is borne out by the fact that when the comparison was made between the assistant secretary grade and its equivalent in other countries in the exercise the Minister for Finance asked the review body to conduct, it was shown it was more in line with foreign salary levels than was the case with other grades. That confirms that in determining salary levels in the past the existence of the performance-related bonus scheme was taken into account by the review body and, therefore, on the basis that we were terminating the scheme, had the proposed pay reductions been applied then to this grade, as recommended, these officials would have faced a higher reduction than officials in higher grades. We had to make an adjustment to maintain the principle of progressivity. One has to do what is fair in all circumstances but some people, perhaps representing lower grades, said these officials were taking a smaller pay cut than their members. That is not the case and if the Deputy examines the measures we have had to take since the crisis emerged, the percentage reduction for this grade is rightly well over double that of lower grades, which is what one would expect.

Deputy Denis Naughten: What about the delivery of the programme?

The Taoiseach: The imposition of pay cuts, as distinct from them being agreed, makes the industrial relations situation more fraught in the immediate term but people also have to accept and understand that we had to discharge our responsibility as a Government in terms of a budgetary policy that would take into account pay cuts given the adjustment we had to contem- plate in the budget.

Deputy Denis Naughten: What about staffing levels?

Deputy Eamon Gilmore: I refer again to the way in which the decision was made to vary the application of the pay cuts in the case of the higher grades because I am unclear. As I under- stand it, the decision was made by the Minister for Finance and the Government was informed. Had the Minister discretion in the way in which the pay cut was applied? The Taoiseach 584 Request to move Adjournment of 20 January 2010. Dáil under Standing Order 32 explained the rationale for changing the way it was applied to assistant secretaries. If, for example, low paid public servants demonstrated that the effect of the pay cut would leave them worse off than if they were on social welfare, would the Minister have discretion to similarly vary the way in which the pay cut is applied?

The Taoiseach: The Government obtained recommendations and it is a matter for the Government to implement them or not, as the case may be. In the case of pay issues, one would look to do that. If an objectively-based anomaly arose, which the review body acknowl- edges may have to be catered for because of the limited number of grades being examined for the purpose of the exercise in which it is engaged, the Minister for Finance would have to make technical adjustments to accommodate them. There is a reference in the body of the report to this fact This issue arose and it had to be considered by the Minister, who felt, taking into account all the facts, that he would proceed as he did and there was an objective reason for that. It was not an attempt to show favouritism to one grade over another. The issue arose and there were good grounds for the decision, which I have set out. Of course pay reductions impose a certain degree of hardship on people, who I understand have existing commitments, but if we had to make those reductions then last year was the year to do so because there were reductions in the cost of living of the order of 6.5%. The purchasing power of the salaries that were being adjusted was maintained and that makes last year unique compared to other years which have an inflationary effect. The overriding reason was that it was necessary to adjust the pay bill given its size in terms of overall Exchequer spend. One could not make a €4 billion adjustment, which I think everyone in the House accepted was necessary given the fiscal situation, without seeking a contribution of the order we sought on the pay side. Otherwise one would be asking the non-pay side and the delivery of services to take a hit that would greatly affect the level of service one could guarantee. In a difficult situation this was the best outcome that could be formulated by the Government, looking at the facts of the situation as they faced us at the time.

Request to move Adjournment of Dáil under Standing Order 32. An Ceann Comhairle: Before coming to the Order of Business, I propose to deal with a notice under Standing Order 32.

Deputy Fergus O’Dowd: I wish to raise a matter of urgent national importance, namely the need for the Government to introduce a statutory cooling-off period before essential transport workers such as air traffic controllers can withdraw their labour and have a wildcat strike thus bringing chaos and disruption to tens of thousands of travellers and damaging our economy.

An Ceann Comhairle: Having considered the matter raised, it is not in order under Standing Order 32.

Deputy Bernard J. Durkan: Why not? Start the new year on a positive note.

Deputy Fergus O’Dowd: I think the Ceann Comhairle will deal with the matter later.

An Ceann Comhairle: We will deal with it in an alternative way.

The Taoiseach: I smell a bit of wee county co-operation in the air.

Deputy Fergus O’Dowd: Wait until the Taoiseach hears me this afternoon. I will be seeking his co-operation to lead the House in discussing wildcat strikes and jobs. 585 Order of 20 January 2010. Business

Order of Business. The Taoiseach: It is proposed to take No. 24, statements on European Council, Brussels; No. 12, motion re proposed approval by Dáil Éireann for a Council decision on setting up the standing committee on operational co-operation on internal security; and No. 25 — Planning and Development (Amendment) Bill 2009 [Seanad] — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 24 shall, if not previously concluded be brought to a conclusion after 85 minutes and the following arrangements shall apply. The statements shall be confined to the Taoiseach and the main spokespersons for Fine Gael, the Labour Party and Sinn Féin who shall be called upon in that order and who may share their time which shall not exceed 15 minutes in each case. The Minister or Minister of State shall take questions for a period not exceeding 20 minutes and shall be called upon to make a statement in reply which shall not exceed five minutes. The suspension of the sitting under Standing Order 23(1) shall take place at 1.30 p.m. or on the conclusion of No. 24, whichever is the later, until 2.30 p.m. The proceedings on No. 12 shall, if not previously concluded, be brought to a conclusion after 45 minutes and the following arrangements shall apply. The speeches shall be confined to a Minister or Minister of State and the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order and who may share their time which shall not exceed ten minutes in each case. A Minister or Minister of State shall be called upon to make a statement in reply, which shall not exceed five minutes. Private Members’ business shall be No. 80, motion re banking crisis, resumed, to conclude at 8.30 p.m. if not previously concluded.

An Ceann Comhairle: There are three proposals to be put to the House today. Is the proposal for dealing with No. 24 agreed to? Agreed. Is the proposal relating to the suspension of sitting under Standing Order 23(1) agreed to? Agreed. Is the proposal for dealing with No. 12 agreed to?

Deputy Eamon Gilmore: Prior to the House agreeing to this, will the Taoiseach confirm that it will not involve the payment of a chairperson and all of the panoply that goes with the appointment of Oireachtas committees?

The Taoiseach: Yes, I can confirm that.

Deputy Caoimhghín Ó Caoláin: Have the arrangements for the proposed new standing com- mittee been discussed with the other Government colleagues in the Green Party? Will the Taoiseach clarify whether any engagement with the Green Party has taken place on this matter? This morning I arrived here early and until 10.30 endeavoured to contact the Minister for the Environment, Heritage and Local Government. I tried the switchboard line, the direct line to the Minister’s office and even the 1890 number but all were out of service. I got no response from the Minister’s office here in the ministerial block.

Deputy Bernard J. Durkan: Disgraceful.

Deputy Caoimhghín Ó Caoláin: Has the Taoiseach had the opportunity to discuss this matter with the leader of the Green Party and his colleagues? Where does the Taoiseach think he might be? I did not see him here all day yesterday. I saw him on the television news on the plinth last evening.

586 Order of 20 January 2010. Business

An Ceann Comhairle: The Deputy will have to find an alternative way of locating the Minister.

Deputy Fergus O’Dowd: He is hanging his green bottles on the wall.

Deputy Caoimhghín Ó Caoláin: I have not seen him here all day today. Up to the commence- ment of business at 10.30 a.m. we could not contact him in any shape or form. Will the Taoiseach advise whether the Minister——

An Ceann Comhairle: I ask for the Deputy’s co-operation.

Deputy Enda Kenny: He is counting frogs.

Deputy Caoimhghín Ó Caoláin: ——is suffering from some fit of pique over recent matters of discussion between Fianna Fáil and the Green Party or at least whether he is suffering from some sort of a fit in any event? Will the Taoiseach clarify where he is and whether he will present himself in the Chamber today?

Deputy Bernard J. Durkan: He has disappeared again.

An Ceann Comhairle: Is the proposal for dealing with No. 12 agreed to? Agreed.

Deputy Enda Kenny: I note the comments made yesterday by the Minister for Health and Children when she stated she believed that in time the VHI would be subject to regulatory control, as is the Government’s commitment. European Commissioner McCreevy has written about his concern that the VHI is not subject to regulatory control. Yesterday, the Minister pointed out that a number of difficulties arise with regard to risk equalisation and all that goes along with it. However, she stated that she intends to bring recommendations to Government in a few weeks. I assume this will require legislation but it is not mentioned on the A, B or C lists. Will the Taoiseach confirm that he expects recommendations to be brought before the Cabinet by the Minister for Health and Children in a few weeks? Will the drafting of legislation be required subsequently? This is a matter of concern for many consumers. Is the Taoiseach being fully briefed on the ongoing discussions on the devolution of policing and justice matters to the Northern Ireland Assembly? Is it his intention to make a statement to the House or to brief leaders of Opposition parties on what is happening?

The Taoiseach: The Minister for Health and Children set out the position on the question of the private health insurance market and the policy options available. It is also important to state that she is committed to developing during the session a comprehensive set of measures to bring stability to the private health insurance market. This includes a regulatory status and the sustainable structure of capitalisation of the VHI. Many issues are being examined and I cannot anticipate Government discussion or decisions. It is being dealt with by the Minister and will be brought to the Government in due course. On the devolution of policing and justice matters in Northern Ireland, talks are ongoing and these matters are being dealt with in direct discussions by the parties themselves. We have to hope a successful outcome will come to those discussions. It is important that this be the case. I impressed the urgency of the situation on the Prime Minister when I met him recently.

Deputy Eamon Gilmore: About 100 flights in and out of Ireland have been cancelled this afternoon as a result of industrial action taken by air traffic controllers. Spokespersons for both the Irish Aviation Authority and the trade union concerned were on television last night and they effectively said that this was going to escalate. One spokesperson stated that more air 587 Order of 20 January 2010. Business

[Deputy Eamon Gilmore.] traffic controllers were likely to be suspended, while the other warned that there would be more industrial action as a consequence. Whatever the issues in dispute, what is happening is disproportionate in terms of disruption to the travelling public and the country’s reputation. If this type of thing had happened at any time over the past 20 years, there would have been a mechanism for dealing with it under the social partnership process. However, as a result of the Government ending the social partnership process before Christmas, there is no longer a mechanism for dealing with this kind of dispute and for the national implementation body to intervene and knock heads together. What arrangements are being made for the Minister for Transport to report to the House on what is happening? What efforts is the Taoiseach making to bring that dispute to an end and ensure that people are able to travel? When will the commencement order be made to give effect to the cutting of pay, which was legislated for and passed by the Oireachtas — against the wishes of the Labour Party — before Christmas?

An Ceann Comhairle: We will have a special notice question on the first issue raised by the Deputy.

Deputy Eamon Gilmore: Thank you. I am glad to hear it.

The Taoiseach: There is a special notice question on the issue and it will be dealt with in detail at that time. It is important that this matter be resolved as quickly as possible. There is industrial relations machinery available to assist at the Labour Court.

Deputy Eamon Gilmore: That is of little comfort to those waiting with their suitcases at the airport this afternoon.

The Taoiseach: Of course. That was always the case when something like this happens, as the Deputy knows himself from his previous existence. For an essential service like this, one would hope that both sides would abide by a code of conduct and the procedures in place for these matters. Given the inconvenience that will now be visited on people who 12 o’clock are travelling from our airports, it is incumbent on both sides to use the industrial relations machinery that is available in order to resolve whatever problems have arisen. In situations such as this, we should not see the travelling public inconvenienced as a result of whatever differences of opinion exist. In respect of the Deputy’s second question, I must get the details he seeks from the Depart- ment of Finance.

Deputy Caoimhghín Ó Caoláin: The legislative programme just published contains the pre- scription charges Bill, which proposes to give effect to the disgraceful measure in the budget to impose charges for prescriptions on medical card holders. When will the prescription charges Bill be published? Would the Taoiseach avail of the opportunity, after careful reflection, not to proceed with this proposal? Given that this Bill will fundamentally alter the medical card scheme, what is the position of the Government in respect of the eligibility for health and personal services Bill? I have asked this question year after year, but the Government always claims not to be in a position to indicate when it will be published. Does the Taoiseach accept that this is a very important Bill? Given the other changes taking place, there is an increased urgency in bringing forward that Bill. Is the Government refusing to publish the Bill, given our individual or collective eligibility for health and personal social services? 588 Order of 20 January 2010. Business

The Taoiseach: I have no date for the second Bill to which the Deputy refers. The first Bill is on the A list and we hope to debate and implement it during this session.

Deputy James Reilly: The prescription Bill, which will hit the elderly, the sick and the vulner- able, is quite reflective of the Government’s priorities, while the drugs referencing Bill is back on white page in Section C, at No. 71. Can the Taoiseach explain to the people of Ireland why he is showing such enthusiasm and urgency to nail the most vulnerable in this society in order to save €25 million? If he went after the drugs companies, he would save over €200 million by my reckoning, and at least €171 million by his own reckoning.

An Ceann Comhairle: We are getting into a debate now.

Deputy James Reilly: The Taoiseach should explain why there is such a disparity in urgency in the two areas. It says an awful lot about this Government.

The Taoiseach: The drugs referencing Bill is down for this year as well. As part of our budgetary calculations, there is a need to deal with the other matter as well. Both of them will be dealt with this year.

Deputy James Reilly: It has been put on the long finger.

The Taoiseach: It will be on the same finger.

Deputy James Bannon: The veterinary practices (amendment) Bill should be expedited in the interests of farmers in Ireland. It appears from the programme presented to us yesterday that it is not a Government priority. Coming from a rural constituency, the Taoiseach knows there is much demand for this Bill. Can he be more specific on when this Bill will be published?

The Taoiseach: The consultations are ongoing with the interested parties, so I cannot be any more specific at the moment.

Deputy Pádraic McCormack: Like other colleagues, I was unable to get through to the Department of the Environment, Heritage and Local Government this morning, nor was I able to get a reply from the Dáil office. In the absence of the Minister, can I ask the Taoiseach if the Government intends to introduce a relocation package for people whose houses have been flooded and who cannot or will not go back to them?

An Ceann Comhairle: Is legislation proposed in this area?

Deputy Pádraic McCormack: I am only asking if there are any plans to introduce——

An Ceann Comhairle: Would a parliamentary question be an adequate way of getting the information?

Deputy Pádraic McCormack: I am very concerned about the people in my own constituency and elsewhere who are now out of their houses for over a month. They are heating two houses and they cannot go back to their own house. I am simply asking the Taoiseach whether there will be a compensation package to allow people to relocate, as there was in 1995 when we were in Government.

An Ceann Comhairle: The Deputy should put that down as a matter on the Adjournment tomorrow. 589 Order of 20 January 2010. Business

Deputy Pádraic McCormack: Will a package be introduced and will there be assistance for people who will not or cannot go back to their houses due to the flooding?

The Taoiseach: These matters are being examined by the Department.

Deputy Pádraic McCormack: I am looking for the Department, but nobody can get on to it.

An Ceann Comhairle: The Deputy can raise it on the Adjournment tomorrow.

Deputy Bernard J. Durkan: That will be a useful exercise. The invisible man will come in for the Adjournment.

Deputy Joan Burton: I want to ask the Taoiseach about the Government amendment to tonight’s Labour Party motion. Section 33 AK of the Central Bank Act 2003 expressly forbids the Governor, currently Professor Patrick Honohan, from publicly discussing or disclosing any commercially confidential information in respect of any regulated firm or entity.

An Ceann Comhairle: The Deputy is anticipating the debate this evening.

Deputy Joan Burton: That applies to the Financial Regulator and it is also a clause in the current NAMA legislation. It seems that the Governor is legally prohibited from coming in and discussing the kind of review that the Government has outlined in its amendment to the Labour Party motion.

An Ceann Comhairle: These points can be made in Private Members’ time this evening.

Deputy Joan Burton: This is probably the most important public issue.

An Ceann Comhairle: While I do not doubt that is the case, the Deputy will have an oppor- tunity to raise these points this evening.

Deputy Joan Burton: In that case, I will ask the Taoiseach a separate question. In the context of the proposals regarding the Governor of the Central Bank, has the Government taken legal advice as to whether fresh legislation is required to allow the Governor communicate with the Oireachtas committee and act in the way described by the Taoiseach and Minister for Finance in their comments? Is specific legislation required and-or the suspension of section 33AK of the Central Bank and Financial Services Authority of Ireland Act?

The Taoiseach: No.

Deputy Joan Burton: On a second matter, the Order Paper features a proposal to have a new Central Bank Bill. Is it proposed to have the legislation in place before the inquiry com- mences or subsequently? The Bill could be the mechanism by which the Governor, Professor Honohan, is given the legal powers of inquiry the Government has——

An Ceann Comhairle: The Deputy should raise the issue with the Minister for Finance this evening.

Deputy Joan Burton: It was the Taoiseach who brought this matter before the House when he stated we would get answers. However, the Governor of the Central Bank is legally pro- hibited under section 33AK of the Central Bank Act from doing this.

An Ceann Comhairle: The Order of Business is being abused. Deputies will have an oppor- tunity to raise these points later today. 590 Order of 20 January 2010. Business

Deputy Joan Burton: The Taoiseach has taken up valuable time of the House in informing us that we would get answers to all our questions and he is not hiding anything.

An Ceann Comhairle: The Deputy may raise these matters in the debate this evening.

Deputy Joan Burton: However, section 33AK explicitly forbids the Governor of the Central Bank from bringing any information into the public domain that is in any way sensitive. It is reasonable to ask the Taoiseach if the Government will introduce fresh legislation or amend existing legislation and when it will introduce the Central Bank Bill.

An Ceann Comhairle: Question Time is over. If the Deputy is unable to elicit the specific information she seeks this evening, she may table a parliamentary question.

Deputy Joan Burton: My questions refer to the Central Bank Bill and the lengthy amend- ment the Government has brought——

An Ceann Comhairle: The Deputy is seeking specific information on a matter that can be dealt with this evening or through a parliamentary question.

Deputy Joan Burton: ——to the Labour Party Private Members’ motion. I am asking the Taoiseach how he proposes to lift the legal gag on the Governor of the Central Bank, Professor Honohan.

The Taoiseach: Professor Honohan has agreed to do the job he has been asked to do and will do it.

Deputy Joan Burton: He cannot agree to do something that is illegal.

The Taoiseach: He has no intention of doing anything illegal. He will do his job.

Deputy Joan Burton: While Professor Honohan may not have such intentions——

The Taoiseach: The Deputy is very good at conspiracy theories and this one is as good as it gets.

(Interruptions).

The Taoiseach: Do Deputies want an answer?

Deputy Joan Burton: Yes.

The Taoiseach: Allow me to give it and we can then proceed with the business of the House. The Central Bank Bill is to come before the House this year. We have agreed a range of reforms to financial regulatory structures. The aim is that the associated legislation will be put before the Oireachtas for consideration as soon as possible. In regard to the specific job the Governor has been asked to do — a scoping exercise, as outlined by the Minister for Finance — he can and will do this job and has agreed to do it.

Deputy Joan Burton: What the Taoiseach has said is incomplete. A commitment has been given that Professor Honohan will come before a committee of the House to discuss the inquiry and the findings of his scoping review.

An Ceann Comhairle: The Deputy can make these points this evening in Private Members’ time. I ask for her co-operation in this matter. 591 Order of 20 January 2010. Business

Deputy Joan Burton: Section 33 of the Central Bank Act expressly forbids the Governor of the Central Bank from doing this. I ask the Taoiseach whether he can resolve this conundrum because legally Professor Honohan is gagged and may not, under the provisions of section 33 of the Central Bank and Financial Services Authority of Ireland Act, come before the Joint Committee on Finance and the Public Service or any other committee to discuss——

An Ceann Comhairle: The Deputy must resume her seat. I call Deputy Kathleen Lynch.

The Taoiseach: What did Professor Honohan do when he attended a committee of the House before Christmas?

Deputy Joan Burton: He did not specifically refer to an inquiry into wrongdoing by the banks, as the Government is proposing he should do.

Deputy Eamon Gilmore: The Taoiseach has been caught out again.

Deputy Kathleen Lynch: I had hoped the Minister for Education and Science would be present for my question on the removal of special needs assistants from schools. However, I am aware the Taoiseach has a particular interest in this area. The suspension of the Disability Act and Education for Persons with Special Educational Needs Act has allowed this to take place. There was to be a review of all schools which employed special needs assistance.

An Ceann Comhairle: Is the Deputy’s question related to the Order of Business?

Deputy Kathleen Lynch: Yes, I promise I will be in order. Although one third of all schools have been reviewed, the Minister has issued an order that special needs assistants are to be removed. Under the Education for Persons with Special Educational Needs Act, this would not be possible without the review having been done. The review is not complete and the Act has been suspended. This is the only occasion in my experience that this has occurred with legislation.

An Ceann Comhairle: As the Deputy is not referring to proposed legislation, she should table a parliamentary question.

Deputy Kathleen Lynch: The prevailing attitude towards disability is that it is something that can put off. It is that which has got us into this position.

An Ceann Comhairle: Does the issue relate to promised legislation?

Deputy Kathleen Lynch: Will the suspension of the Education for Persons with Special Edu- cational Needs Act be lifted and will the Taoiseach instruct the Minister for Education and Science to stop issuing orders to fire special needs assistants until the review has been completed?

An Ceann Comhairle: As the Deputy’s question does not relate to primary legislation, we will move on.

Deputy Kathleen Lynch: Will the mental capacity Bill be introduced in this session? Will the suspension of the Education for Persons with Special Educational Needs Act be lifted?

The Taoiseach: I understand the mental capacity Bill will be taken this session. On the other matter, the scheme has not changed and the criteria for the allocation of special needs assistants remains the same. If a pupil qualifies for support, a special needs assistant post will continue to be provided. The only thing that is happening is that surplus posts are being withdrawn. 592 Order of 20 January 2010. Business

There is no question of posts being removed from schools where they meet the scheme’s criteria. There is also no question of posts being left in schools indefinitely where they are deemed to be surplus to the care needs of pupils.

Deputy Denis Naughten: On secondary legislation, parents, medics and the Garda Síochána are seriously concerned about the sale of psychoactive substances in so-called head shops. I understand the Minister for Health and Children must introduce secondary legislation under the Misuse of Drugs Acts of 1977 and 1984 to control the sale of substances in such shops. When will legislation be introduced? I also understand the Minister of State, Deputy Curran, is considering the introduction of additional legislation to control the operation of these prem- ises. When will this legislation be introduced?

Deputy Jan O’Sullivan: I raised this issue last year and some measures were taken thereafter. It is urgent, however, that further controls are imposed on head shops. Young people are buying substances which are clearly causing them damage. While the Minister responded rela- tively quickly on the issue of magic mushrooms, an urgent response is also required on this matter.

Deputy James Reilly: On the same subject, the Minister promised to examine this issue and introduce legislation as a matter of urgency. Children are being deleteriously affected by this problem. There have been admissions to psychiatric hospitals and at least one death has occurred. We have also had cases of serious injury caused by people jumping off roofs and so forth. This is a serious issue which must not remain unaddressed. There are two angles to tackling it, namely, the control of substances through the Irish Medicines Board and Food Safety Authority of Ireland and the use of planning laws to put these shops out of business. Head shops are not subject to any planning restrictions and may be established anywhere. This issue should be addressed by our invisible Minister, wherever he is.

Deputy Joe Costello: This is the one of the most pressing issues which should be addressed by legislation and one of the most insidious developments in recent months. There are 13 head shops in my constituency, two more than there were last week. They are doing significant business by selling substances which mimic illegal drugs such as cannabis. These shops are also mislabelling and misbranding. The fronts of these shops feature images of cannabis and drugs in the form of heroin or other substances banned under the Misuse of Drugs Act. Notwithstand- ing this, as the ingredients have not been defined in the Act, the Garda cannot use existing legislation to tackle the problem. The Garda Síochána cannot use existing legislation to tackle this problem. What we have missed in the past is an early response to a new development that took place with regard to drug abuse.

An Ceann Comhairle: The point has been well made.

Deputy Joe Costello: This is one of the biggest issues. A request has been made for a response from the Government but there has been no response to date. Some 100 shops have sprouted up in the country in the past two to three months. They are particularly to be found in urban areas where there are high levels of drug abuse.

The Taoiseach: The Minister of State, Deputy Curran, has a working group in place to review the legislative situation to see how we can assist to ensure the situation is not abused. I hear what Deputies are saying and I will take the matter up with Deputy Curran.

Deputy Pat Rabbitte: If I understood the Taoiseach’s reply to Deputy Burton, he said that amending legislation will be published to change the existing law that disbars the Governor of 593 Order of 20 January 2010. Business

[Deputy Pat Rabbitte.] the Central Bank from reporting on any matter relating to the institutions he is responsible for supervising. How can there be a preliminary investigation by the Governor if he is disbarred by law? Is the Taoiseach persuaded that it is in the best interests of the Central Bank that the new chief executive is responsible for investigating his own staff and possible failures that may have occurred in the past? Is that prudent?

The Taoiseach: The point I was making was that, in line with Government intentions to bring forward regulatory change, the Central Bank Bill is being brought forward in the first half of the year. An independent point was proffered by Deputy Burton. Professor Honohan has not indicated any problem in respect of doing the scoping exercise he was asked to do by the Government. I do not accept there is validity to the contention made by Deputies since it was brought forward on the floor of the House this morning. I am not aware of a problem and have had no indication from the Governor that it is the case.

Deputy James Reilly: Ignorance of the law will be no protection.

Deputy Pat Rabbitte: Anyone who looks at section 33AK will see there is a statutory impos- ition of confidentiality on the Governor and he may not make public any such matters. That is a normal provision in Central Bank legislation.

The Taoiseach: The Minister for Finance can clarify this position in the afternoon. I under- stand there is no issue because the scoping issue the Central Bank has been asked to undertake will allow the Oireachtas to determine the terms of reference arising from that and these may be considered subsequently by a commission of investigation.

Deputy Bernard J. Durkan: I have a question on existing and promised legislation. In September and more recently on 10 December, I tabled a question to the Minister for Justice, Equality and Law Reform on the number of persons imprisoned arising from the provisions of various criminal justice Acts passed by this House in the past year. No answer was provided, just a vague answer going around in circles in the usual way. Deputy Joe Costello raised the question of increased criminal activity yesterday morning. What are the other items of justice legislation, with particular reference to the curtailing of criminal activity, along the lines sug- gested when the legislation was introduced last summer? The suggestion was that criminal gang leaders would be put behind bars and put out of action and that law and order would be restored to the country.

An Ceann Comhairle: Deputy Durkan has an inquiry about promised legislation so we will try to get to that.

Deputy Bernard J. Durkan: This is promised legislation.

An Ceann Comhairle: There is no need to elaborate at this time.

Deputy Bernard J. Durkan: I am not elaborating. There is a plethora of further legislation on the Order Paper. We were told, and this side of the House agrees, that this legislation was necessary. What has been the effect of that legislation since it was introduced? Will further legislation be required and what is that further legislation? Is it listed on the Order Paper? The bail (amendment) Bill is promised——

An Ceann Comhairle: I suggest Deputy Durkan submit a parliamentary question.

Deputy Bernard J. Durkan: I have done that already and I have it here. There is no reply. 594 Order of 20 January 2010. Business

An Ceann Comhairle: Deputy Durkan can raise it on the Adjournment.

Deputy Bernard J. Durkan: The Adjournment is another matter, as the Ceann Comhairle knows quite well from sitting in this House for a number of years. If a Member is unlucky enough to get a matter on the Adjournment, one may get an invisible Minister or a Minister with no responsibility for that area.

An Ceann Comhairle: We are abusing the Order of Business.

Deputy Bernard J. Durkan: I am not abusing the Order of Business. I am sorry but I must insist on this. For too long in this House we have been subject to this contempt from Ministers and the Government on a daily basis. Some of them do not come into the House. I have received a reply to a parliamentary question suggesting I should write to the Minister. All he has to do is read the newspaper, it has all the information he requires. Is it intended to put into effect the legislation passed by this House? Will the bail (amendment) Bill have the impact we have not yet seen?

The Taoiseach: I have no date for the bail (amendment) Bill.

Deputy Bernard J. Durkan: What does the Taoiseach mean? Publication is expected.

The Taoiseach: I do not have a date for it.

Deputy Bernard J. Durkan: Is this just a vague reference to fill in space on the Order Paper? It is sad.

Deputy Micheál Martin: Time to go.

Deputy Tom Sheahan: In the aftermath of Cadbury Ireland being taken over by Kraft——-

An Ceann Comhairle: On the Order of Business, questions relating to legislation are allowed. I do not think there is legislation involved here.

Deputy Tom Sheahan: This relates to jobs. Will the Taoiseach or the Tánaiste and Minister for Enterprise, Trade and Employment——

An Ceann Comhairle: The Deputy can submit a matter on the Adjournment or table a parliamentary question. There are so many other ways.

Deputy Tom Sheahan: Current management has the reins of these companies, the two Cad- bury Ireland——

An Ceann Comhairle: Deputy Sheahan should submit a parliamentary question.

Deputy Pádraic McCormack: It is a sweet question.

Deputy Tom Sheahan: I ask the Ceann Comhairle to bear with me. Current management has the reins until 2 February, then Kraft takes over. I suggest that the Taoiseach or the Minister for Enterprise, Trade and Employment meet with Kraft in order to maintain current staffing levels and explore the opportunities that exist with Kraft coming into this country so that there may be job creation.

An Ceann Comhairle: Deputy Sheahan has made his point.

Deputy Tom Sheahan: All I ask is that this be explored. 595 Order of 20 January 2010. Business

Deputy James Reilly: I refer to an item of pending legislation, the environment (miscellaneous provisions) Bill. Will the Minister take the opportunity to appoint an easily identifiable central figure who will be responsible for making sure there is a sufficient reservoir of salt in the country, much as we do with our oil reserves? Someone keeps an eye on this and knows how much oil is in the country at any one time. Met Éireann was able to predict how long the cold spell would last yet we did not have anyone who could take control and ensure we had adequate salt supplies for the duration. It will happen again and we need someone appointed. The opportunity is there.

Deputy Tom Sheahan: We give that responsibility to the Minister for snow.

Deputy Leo Varadkar: If we had a reservoir of salt it would not be very useful because it would be in liquid form. We need a silo of it. I echo the sentiments of my colleagues in that regard.

Deputy Enda Kenny: Doctors differ.

Deputy Leo Varadkar: I ask the assistance of the Ceann Comhairle in regard to a Private Members’ Bill on the Order Paper, the Small Claims (Protection of Small Businesses) Bill. This was introduced to the House by the Fine Gael Party seven months ago. The Minister for Justice, Equality and Law Reform endeavoured to revert to us in respect of the Bill and, in fairness to him, he implemented the major provisions by means of statutory instrument. In recognition of a rare occasion when the Government has implemented legislation proposed by the Opposition, I would like the assistance of the Ceann Comhairle in removing this from the Order Paper for next week.

An Ceann Comhairle: I am sure that can be arranged. Is that agreed? Agreed.

Deputy Jan O’Sullivan: Deputies Ó Caoláin and Reilly raised the matter of important reforming health legislation that is put on the long finger. Another matter is the nurses and midwives Bill, which was supposed to be published as a priority in the last session. It was listed to be published in the last session and now it is listed for this session. My fear is that the Bill to charge medical cardholders and those with long-term illness for their medication may be given priority over other items of legislation that were to be given priority. Will those other items of legislation, particularly the nurses and midwives Bill on the priority list, be taken before the Bill that will charge medical card patients for their prescriptions? It is outrageous that the Government can prioritise certain Bills that penalise the poorest and sickest members of our society, but cannot prioritise other Bills that have been on the list for years and are very important in terms of the operation of the health services. Can I get some kind of a guarantee that we might get the nurses and midwives Bill before we get the Bill that will charge people for their prescriptions?

The Taoiseach: I understand that the nurses and midwives Bill will probably be taken in the next couple of weeks.

Deputy Jan O’Sullivan: Will it be taken before the other Bill?

The Taoiseach: I do not know whether it will be taken before or after it. They will both be taken and discussed in the Dáil.

Deputy Jan O’Sullivan: I will not hold my breath.

The Taoiseach: If the Deputy can hold her breath for two weeks, fair play to her. 596 European Council Meeting: 20 January 2010. Statements

Deputy Lucinda Creighton: I would like to ask the Taoiseach whether any of the promised legislation under the aegis of the Department of the Environment, Heritage and Local Govern- ment proposes to review the extent to which local authorities are accountable for the water crisis we have seen, particularly in Dublin city but also in other parts of the country, over the past two weeks. It is a pretty serious situation.

An Ceann Comhairle: The Deputy could raise it in a few other ways.

Deputy Lucinda Creighton: Home owners, families and businesses in the capital city are unable to function.

An Ceann Comhairle: We know.

Deputy Lucinda Creighton: Those who run a major hotel in my constituency threatened to close the hotel two days ago because the water supply had been cut off without warning. There is no accountability.

An Ceann Comhairle: Okay, Deputy.

Deputy Lucinda Creighton: The Ceann Comhairle refused to allow this matter to be dis- cussed on the Adjournment or to be raised as a Private Notice Question.

An Ceann Comhairle: The Deputy can submit it again.

Deputy Lucinda Creighton: I do not know where else I can turn, other than to the Taoiseach on the Order of Business.

Deputy Bernard J. Durkan: Hear, hear. So much for the Adjournment, a Cheann Comhairle.

Deputy Lucinda Creighton: I would appreciate some information from the Taoiseach on whether there is any possibility of some kind of accountability being introduced in this regard.

An Ceann Comhairle: It is a bit unrealistic to expect the Taoiseach to have specific infor- mation on a water problem in the Deputy’s constituency.

Deputy Bernard J. Durkan: That is why we have the problems we have.

Deputy Lucinda Creighton: This is a national problem.

An Ceann Comhairle: Deputy Creighton should submit the matter for consideration on the Adjournment.

Deputy Lucinda Creighton: The Ceann Comhairle refused to accept my Adjournment notice yesterday.

European Council Meeting: Statements. An Ceann Comhairle: I call on the Taoiseach to make a statement under Standing Order 43. These statements shall be confined to the Taoiseach and the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order. They may share their time, which shall not exceed 15 minutes in each case.

The Taoiseach: I attended the meeting of the European Council in Brussels on Thursday, 10 December and Friday, 11 December last. While some weeks have passed since the meeting took place, it is worthwhile for me to report to the House on the business of the meeting. It is 597 European Council Meeting: 20 January 2010. Statements

[The Taoiseach.] important that we have this opportunity for statements on the matter. It was the first meeting of the European Council since the Treaty of Lisbon came into force on 1 December 2009. Inevitably, it had something of a transitional feel about it. Nonetheless, it gave us an interesting glimpse into how the European Council will function into the future. Under the Lisbon treaty, meetings of the European Council should be prepared by the General Affairs Council. While that did not happen on this occasion, I understand that the General Affairs Council will meet on two occasions to prepare the spring meeting of the European Council, which is scheduled for 25 and 26 March next and will concentrate on economic issues. The Lisbon treaty also provides that the members of the Council shall be the Heads of State or Government, together with its president and the President of the Commission. Therefore, Foreign Ministers will not automatically attend, as has normally been the case up to now. The December meeting followed this new format, with no Ministers present. Having said that, Ministers may join future meetings depending on the agenda. The Lisbon treaty created the new post of President of the European Council, to which we unanimously elected Mr. Herman Van Rompuy when we met in November. I have expressed my congratulations and best wishes to Mr. Van Rompuy as he embarks on his new role. Although he did not chair the December meeting as his full range of functions did not take effect until 1 January last, he joined us to outline his initial views on how he sees his role evolving. The meeting was instead chaired by the Swedish Prime Minister, Mr. Fredrik Rein- feldt. As he did throughout the Swedish Presidency, he brought a good mix of common sense and leadership to his role. He again steered the meeting to a successful conclusion. I wish to record my appreciation of Mr. Reinfeldt’s stewardship of the Council’s business during the course of the Swedish Presidency. Notwithstanding the changes introduced by the Lisbon treaty, the rotating Presidency of the European Union remains an important element of the Union’s architecture. In this regard, I extend my best wishes to the Spanish Prime Minister, Mr. Zapatero, as the incoming Spanish Presidency takes up the reins for the coming period. The new post of President of the European Council logically and inevitably means that Heads of State and Government will no longer chair Council meetings. It is worth taking a moment to reflect on this change, which has attracted relatively little attention to date. Many former taoisigh have fulfilled the role of chair of the European Council with great distinction during past Irish Presidencies of the European Union, often at times of huge importance along Europe’s journey to peace and economic success. Their conduct and success as President of the European Council reflect the long and proud tradition of Ireland’s membership of and contribution to the Union, since we joined what was then the European Economic Community in 1973. They epitomise in many ways the enthusiasm, support and conviction that Ireland has brought to its membership of the Union. I will come back to this issue briefly in a few moments. A number of important topics were on the agenda at the December meeting of the European Council. I refer, for example, to some implementation issues arising under the Lisbon treaty, the economic and employment situation, climate change, justice and home affairs issues and external relations. Our discussion of Lisbon treaty implementation measures included the for- mat of the European Council itself, issues relating to establishment of the European external action service and the need to address anomalies in European Parliament seat allocations arising from the most recent Parliament elections, which preceded the entry into force of the treaty. I have often stressed the need for Europe to move beyond its long-running preoccu- pation with institutional issues. It is time for us to put the spotlight firmly on real issues like jobs and climate change. This view was unanimously shared at the December meeting. 598 European Council Meeting: 20 January 2010. Statements

While positions varied from country to country during the Council’s discussion of economic issues, the general view was that the crisis is stabilising across Europe and we are at the prelimi- nary, if fragile, stages of a recovery. Nonetheless, many colleagues expressed concern about the growth of unemployment and the social effects that accompany it. They emphasised the need to focus on maintaining and creating jobs, now that the scale of some of the macro- economic threats has moderated to an extent. The Council agreed that trade has an important role to play in stimulating a recovery in jobs and that further work is required to complete the Internal Market and to safeguard against protectionism externally. As an economy that is enormously dependent on trade and exports, Ireland shares and welcomes these sentiments. We discussed the need for the principles of the Stability and Growth Pact to be respected. During my conversations with my colleagues, there was much interest in the tough but necessary decisions we have taken here, including those announced in last month’s budget. My counterparts and the Commission made it clear that we are resolutely committed to implementing a sustainable and credible fiscal consolidation in very challenging times. With an eye to the longer term, the Council had a preliminary discussion on the nature of the successor to the Lisbon strategy for jobs and growth, which will be known as EU 2020. The President of the Council has called an informal meeting of the European Council for 11 February to discuss economic matters, including an exchange of views on this new and important initiative. The European Commission has been carrying out a parallel consultation process on EU 2020, prior to the new college of Commissioners presenting formal proposals over the coming weeks. The Government has contributed to that consultation process. Dis- cussions and negotiations on this topic will build in the coming months. The aim is that it will be discussed in detail at the spring meeting of the European Council, with a view to formal adoption by the Council in June. The Council stressed at the December meeting that fiscal exit strategies need to be implemented within the framework of the Stability and Growth Pact. We also agreed that a co-ordinated approach to unwinding financial supports is necessary and must take account of the need for financial stability and the differentiated situations in member states. The key work in this area is being done within ECOFIN. The European Council will receive a further report on fiscal and financial exit strategies in advance of its June meeting. The European Council also welcomed the good work done at ECOFIN during 2009 on new structures for financial supervision in Europe. The structures aim to provide greater protection against future bubbles and crises and to enhance stability across Europe. I share the view that the new regime should become operational this year. Climate change was also a major topic at the meeting, not least because we were meeting a week before the culmination of the Copenhagen climate change summit. During our dis- cussions, which have been somewhat overtaken by the relatively disappointing outcome of the Copenhagen summit, we reached clear agreement within the Union on the global importance of the climate change challenge and the need for the Union to continue to play a leadership role. We had committed to a 20% reduction in emissions by 2020 and were prepared to increase this to 30% if other key regions made comparable commitments. At the time of the December Council meeting, there continued to be a slim hope that other key players would commit to comparable targets at Copenhagen. With the benefit of hindsight, we may have been too opti- mistic in our assessment of what others might be willing to do. For our own part, by committing unilaterally to a 20% cut, we went much further than many other key players were and are ready to contemplate.

599 European Council Meeting: 20 January 2010. Statements

[The Taoiseach.]

We also agreed that the Union was prepared to contribute fast-start finance for developing nations amounting to €2.4 billion annually for the years 2010 to 2012. We saw this as a way for the Union to show good faith and to try to inject a positive dynamic into the negotiations in Copenhagen which, as we were meeting, were beginning to show signs of strain. Fast-start financing can be a crucial element of a global approach to climate change by helping developing countries to cope with the consequences of climate change and reduce their own emissions from greenhouse gases. For our part, I agreed that we would contribute up to €100 million over the three year period as our fair share of the Union’s efforts. This represents a major contribution from Ireland, especially in the context of the current budgetary difficulties and the nature of the sacrifices that our people are being asked to make. The Council also took important steps in a number of other areas, including the Union’s sustainable development strategy and inviting the Commission to advance work on the Union’s future financial framework. In the justice and home affairs area, we adopted the Stockholm programme, which is a new framework for the years 2010 to 2014. This is an area of increasing importance to our citizens, who are deeply concerned about cross-border crime, including the trafficking of people and drugs. The next step is for the Commission to present a work programme to turn this frame- work into action and this will also be a priority for the Spanish Presidency. On the external relations front, we adopted conclusions on the Eastern Partnership and the Union for the Mediterranean, as well as on Iran and Afghanistan. These texts were negotiated under the direction of Foreign Ministers and the Minister for Foreign Affairs, Deputy Micheál Martin, can elaborate on them if necessary. The December meeting marks the beginning of a new phase in the working of the European Council which will continue to evolve over coming months, not least as the role of the President of the Council comes into full effect. The Lisbon treaty aims to make our Union more efficient and effective. Given the challenges we face, we need Europe to deliver on those aims and the European Council has a key role to play. As we adjust to new procedures, it is important that we strike the right balance between consultation and action; small and large member states; the European Council, the Council of Ministers, the Parliament and the Commission; and action at European and national, regional or local level. Here in Ireland, we must now put the Lisbon treaty referendums behind us and demonstrate that we are enthusiastic and committed players. A small country does not wield influence by being perceived as half-hearted. On the contrary, as we have learned and shown in the past, our influence is directly related to our level of commitment and engagement. It is only by dispelling any residual doubts others might hold about our commitment that we can maximise our influence. To do this, we must show form. Often this simply means bringing our own blend of pragmatism and a collaborative approach to bear on EU negotiations. At other times it means accepting that compromise is the life blood of co-operation between member states and institutions. Above all, it means maximising our engagement at all levels. The new Lisbon treaty arrangements require us to step up a gear. Together with the Minister, Deputy Martin, I am leading work within the Government on improving our overall engagement with the European Union. Lisbon also brings important changes to national parliaments, in which regard I welcome the work of the Oireachtas, and particularly the determination of the Joint Committees on Euro- pean Affairs and European Scrutiny to examine how the Oireachtas can improve how it deals with EU business. 600 European Council Meeting: 20 January 2010. Statements

Improving engagement is necessary for our medium to long-term interests, whether that relates to our economic or financial situation, negotiations on the future budget or the priorities of the Union, such as the Common Agriculture Policy. However, it is also important as we seek understanding of our current situation and the decisions and actions we have to take in the more immediate future. This goes beyond Government because we all have a role to play. We need to deepen our engagement with European institutions, strengthen bilateral relations with fellow member states and attach priority to negotiations within the EU not just when laws are being developed, but also in regard to their transposition and enforcement domestically. Finally, we must ensure that the Irish people have a better understanding and awareness of the European Union, how it operates and how we benefit from it. As we embark on a further stage of the Union’s development, the Government is determined to renew our engagement within Europe. We can only succeed if Europe succeeds and we are determined to play our full part to ensure that it does.

Deputy Enda Kenny: I wish to share time with Deputies Billy Timmons and Lucinda Creigh- ton, by agreement of the House.

Acting Chairman (Deputy Noel O’Flynn): Is that agreed? Agreed.

Deputy Enda Kenny: I believe Herman Van Rompuy will do a good job as President of the European Council. He strikes me as a person with common sense and a practical politics which will pay dividends in his new role. I wish Baroness Catherine Ashton the best of luck as High Representative of the European Union for Foreign Affairs. She had a difficult time during the hearings but her appointment has now been approved. The withdrawal of the Bulgarian candi- date for Commissioner, Rumiana Jeleva, will probably cause a delay for the spring Council and the European Parliament will have a role play in finalising the Commission. I wish Mrs. Máire Geoghegan-Quinn the best of luck as Commissioner for Research, Inno- vation and Science. Her €50 billion budget for research and innovation will be of particular importance for this country. While Commissioners do not strictly act in national interests, a real opportunity exists for our small country to achieve world leadership in a number of niches. We will see immense changes globally over the next ten years as the internet, robotics and biotechnology impact on the way we do business. We will have to ride that wave before it hits our shores. I am sure the Minister for Foreign Affairs is relieved that he no longer has to attend every Council meeting. Mr. Van Rompuy sees the economy as the big issue for his Presidency and wants to double the EU’s growth rate from 1% to 2%. He also regards climate change and energy as priorities. Irrespective of our political differences, we clearly see opportunities for this country. Things are becoming ropy in the United States and Mr. Cameron’s intention to be the next UK Prime Minister will mean a change of emphasis in that country.

Deputy Micheál Martin: Is Deputy Kenny studying Mr. Cameron’s form?

Deputy Enda Kenny: We must concentrate our efforts on reducing competitive costs and increasing exports by availing of new market opportunities. In preparing for the 2020 strategy, we should consider what structure the Joint Committee on European Affairs should take. The Government also needs to address the problem that faces the Joint Committee on European Scrutiny in regard to the lack of storage space for material coming from Europe. When legislation comes from the EU, we will be notified nine weeks in advance and we will need to get our act together if we are to be able to call officials before they go to Brussels and assess what they are going to say. This will be important given 601 European Council Meeting: 20 January 2010. Statements

[Deputy Enda Kenny.] the consequences directives have on various sectors of Irish society. A river of European legis- lation has flowed here without proper scrutiny because we have lacked capacity, despite the fact that officials have to give their consent in Brussels before directives are passed. I am aware the Minister of State at the Department of Foreign Affairs with responsibility for European affairs has an interest in addressing this issue. The target set by the Union of a 20% reduction in emissions by 2020, to be increased to 30% if other nations agreed, will not now be met. This still leaves us with a unique opportunity. If somebody told the Taoiseach that an oil well with vast potential was discovered in County Offaly, he would want it to be exploited for the benefit of the economy and our people. However, we have not adequately tapped into the equally vast potential that blows along our north and west coasts on a daily basis. We have not addressed the issue of European funds available in the context of Community support for major projects. In order to deal with the grid system, for example, we must have Community approval for the high tension lines that will be required in many areas. Otherwise, no matter how much we talk about it, it will not work if we cannot plug it in. That is a significant problem which we are all concerned to tackle. The December meeting was important and the Spring Council will be equally important. We will be pleased to support the Minister in any way we can at European level, through our involvement in the European People’s Party, to ensure those structures are in place for the future.

Deputy Billy Timmins: I understand the issue of development aid has been deferred to next June’s Council meeting, but events in Haiti overshadowed the meeting of Development Mini- sters that took place last week. Will the Minister discuss with his European colleagues the possibility of sending a European Union battle group to Haiti in the context of the United Nations Secretary General’s request for additional assistance? In the run up to the second referendum on the Lisbon treaty, the emphasis in discussions on the battle groups was in the context of Iraq or another military offensive. The reality is that these groups have an important humanitarian role to play. A force of 1,500, available to move within 15 days, self-sustaining for 30 days and which can be resupplied for 120 days is an important resource. I understand Ireland is not on standby again until the first half of 2011. The battle groups have preordained command and control structures in place and are able to operate independently. The Minister and his colleagues must examine the degree of effectiveness of co-ordination efforts in the aftermath of national and international disasters. Such operations always seems to be very slow to get up and running. I appreciate that in disaster situations such as that in Haiti communications may be down and infrastructure damaged, making efforts to assist more difficult. However, we must be sure to learn from previous mistakes so that co-ordination and relief efforts can become more streamlined. At December’s Council meeting the Stockholm programme 2010-2014 was discussed, with its laudable objective of an open and secure Europe. However, as we saw from the incident in the United States on Christmas Day, we cannot afford to neglect the importance of security. The Minister must liaise with the Minister for Transport to ensure that whatever mechanisms are necessary are in place in our airports, including body scanners and so on, so that we do not become an easy means of passage for terrorist attacks on United States aircraft in particular. In regard to external relations, the Taoiseach did not refer to it in his speech but I understand there was a Swedish initiative to examine a proposal to ordain east Jerusalem as the Palestinian capital. Will the Minister comment on the Government’s position on this issue and why the initiative ran into the sand? 602 European Council Meeting: 20 January 2010. Statements

Submissions must be made in the coming weeks regarding the citizens’ initiative. This process must be made as flexible as possible, requiring perhaps one quarter of member states and in the region of 0.2% of the population, as recommended by the Joint Committee on European Affairs. This would mean that some 9,000 signatures would be required in Ireland. Petitioners should have up to one year to gather the necessary information after which the Commission would have to act on it within six months. I note the difference of opinion between the Parlia- ment and the Commission as to how this should be done. What is most important is that it should be as flexible as possible. With regard to the mechanism that should be in place to facilitate the process, it is more difficult to come up with a proposal to achieve that. The European Union’s 2020 strategy concentrates on economic matters, including sus- tainable public finances. There is also a commitment to a 20% reduction in 1990 emission levels by 2020. The possibility of achieving a 30% reduction should be pursued in the future, difficult as it may be. Also in the context of the 2020 strategy, I raised with the Minister of State, Deputy Roche, the importance of ensuring a standard approach across member states when it comes to measur- ing numeracy and literacy. The Minister, Deputy Martin, as a former Minister for Education and Science should be aware that, regrettably and despite claims to the contrary, we do not have the best education system in the world. There are many shortcomings at primary level in particular. We pride ourselves on our position as a gateway to Europe, as an English language- speaking country which is able to attract investment from United States companies. However, global economics have moved on. We must consider introducing Chinese language tuition in schools, in addition to French and German. Being the only English-speaking member state in the eurozone is no longer adequate because many people throughout the Continent can speak English. It is no longer a competitive advantage. Chinese language tuition should be introduced in schools, and that proposal should be included in our submission on the 2020 strategy.

Deputy Lucinda Creighton: I echo the point made by Deputy Timmins regarding the deploy- ment of a European Union battle group in Haiti. The Deputy always talks sense and this is an excellent and logical suggestion which the Government and the Commission should put forward via the Council. We must ensure we have the maximum impact in terms of saving lives and reducing the humanitarian disaster occurring in that country. Will the Minister clarify an issue I raised with him before Christmas in regard to Ireland’s commitment to assist developing countries in tackling climate change? The Taoiseach referred in his speech to the €100 million that has been committed for this purpose. Will the Minister clarify whether this sum will come from the Ireland Aid budget? Aid agencies deserve clarity in terms of their budgeting efforts for the year ahead. Another important initiative that is clearly highlighted in the Council conclusions is the European external action service. This offers an important opportunity for the European Union to represent itself across the globe but also for Ireland to promote our diplomatic corps and its skills. I hope efforts are under way within Iveagh House and within Government to seek ways to encourage young Irish people to join the Department of Foreign Affairs. However, while it is important that we are well integrated into the new European external action service, it should not in any way supplant the Irish foreign service and the excellent work done by our embassy staff and diplomatic corps on behalf of the country. The Minister of State, Deputy Roche, outlined the key elements of the 2010 strategy at a recent meeting of the Oireachtas Committee on European Affairs. There was a strong view among committee members that this strategy presents an excellent opportunity to develop a ten-year plan for the future of the European economy. From an Irish point of view, it is desirable that emphasis be put on job protection and creation. An important element of that, 603 European Council Meeting: 20 January 2010. Statements

[Deputy Lucinda Creighton.] as pointed out by many committee members, was to place some focus on manufacturing. As we have become almost obsessed with the concept of a smart economy, we have to some extent turned away from and neglected the manufacturing industry. The strategy represents a major opportunity for investment in infrastructure. In Ireland broadband is the key area in which that investment is required, and the 2020 strategy is an important part of that. The citizens’ initiative is being taken very seriously by the Oireachtas Committee on Euro- pean Affairs under the chairmanship of Deputy Durkan. The matter will be discussed at next Friday’s meeting of the committee, which will be attended by MEPs, and we intend to open up that discussion to the public. It is an extremely important opportunity for the European Union to show, prove and demonstrate that it is trying hard to connect with its citizens and to open up the European Union for them. The initiative was almost dismissed during the cam- paign on the Lisbon treaty referendum by many on the “No” side who said that it was just a tokenistic gesture. I am pleased that it is being advanced so quickly by the Government and by the European Council. I hope we can ensure that it works by putting in place a clearly functioning system.

Deputy Joe Costello: I am delighted to have an opportunity to speak on the most recent European Council meeting on 10 and 11 December 2009. It was the first Council meeting since the Lisbon treaty came into force and it began the process of putting in place the nuts and bolts that were required under the treaty, initially with the two somewhat unknown incumbents, Herman Van Rompuy, who filled the new office of President of the European Council, and the equally unknown but rather distinguished sounding Baroness Ashton, who filled the position of High Representative of the Union for Foreign Affairs and Security Policy. A report appears in today’s newspaper indicating that the baroness decided not to go to Haiti to see for herself the effects of the earthquake there. That was the wrong decision. This is the first time we have had a High Representative of the Union for Foreign Affairs and Security Policy. We see on the television and hear on the airwaves every night about the President of the United States and the previous President of the United States who is in Haiti currently, and see how the United States is claiming for itself a huge profile in the response to the Haiti disaster. At the same time, we are the largest donors of aid globally. It seems to me that we are adopting the same position that we have adopted towards the Middle East in the context of the European Union, that we are providing most of the resources and aid, as we are doing in the Middle East, but we are not in any way claiming the kudos, so to speak. The European Union is not projecting itself forward in the way that it should. In terms of perception, it should be seen as being central to dealing with the problems created by the earthquake and the huge human disaster that exists rather than allowing the United States to continue to present itself as the only serious, caring political entity in regard to Haiti. Neverthe- less, I wish both of those new appointees well. I hope they will distinguish themselves in their new appointments. The next item to which the Council referred was the European external action service. It has signalled its intention to adopt the proposals relating to the organisation and functioning of the European external action service by April of this year and that member states would get involved in that process. We have precious little information on how that work is pro- gressing. What input is coming from this country on the matter? What bodies are involved in developing the European external action service in terms of its organisation and future func- tioning, personnel, resources and locations? What impact will that have on our diplomatic service in terms of its location, personnel, careers and the parameters of the service? It would be worthwhile if we could have a discussion in this House or if the Minister could present some 604 European Council Meeting: 20 January 2010. Statements paper to us on the nuts and bolts of what has happened to date and what input might be made by a broader consultation process than seems to be the case at present. This House would benefit from a full briefing on the European external action service and its organisation before the deadline of April 2010. I was disappointed that the Taoiseach did not mention the European citizens’ initiative in his contribution even though he referred to the fact that together with the Minister for Foreign Affairs, Deputy Martin, he is leading work within Government to improve our overall engage- ment with the European Union. He also stated that it is necessary to improve engagement right across the board. One of the great problems with the European Union is engagement with it. That is one of the great complaints one hears around the country and in other members states, namely, that is difficult to see how ordinary people can engage with the European Union. The citizens’ initiative is tailored precisely to allow power to the people, and to enable the ordinary citizen to put an item of concern directly on the agenda of the Commission, to bypass the normal bureaucratic processes, institutional bureaucracy, red tape and to be able to use a new mechanism to get an issue straight onto the agenda of the Commission and for it to be dealt with in a serious fashion. That is our first test. How did we respond to it? I have not seen the Government respond to it by going out to the highways and byways and consulting widely with the citizenry. I have not seen the Government availing of all the communications mechanisms, including electronic methods, newspapers, advertising, television and radio to inform the citizen. Scarcely a citizen in the country is aware of the new rights that are being conferred on him or her. Where is the sense in talking about awareness, consultation and engagement unless we do it when we can do it and when we have something beneficial to sell to or tell the citizen such as the fact that a mechanism exists that would allow him or her to be directly involved in the decision making of the European Union? We have not done that. As Deputy Lucinda Creighton said, the only thing that has been done to date has been done by the Oireachtas Joint Committee on European Affairs which is carrying out a minimal amount of advertising in newspapers in order to reach the public at large. There is no sense in us having a plethora of meetings about collective stakeholders, holding a few conferences here and there and talking to each other about it; we should be engaging in a direct awareness and consultation mechanism. Although time will be limited in terms of getting that together, given that our proposals have to be in by the end of the month and the new structure is to be in place by June., I would like to see work done in that regard. It is something that we could usefully discuss in the House and communicate to a wider audience if that could be managed. The fiscal exit strategy is a work of fiction. I cannot imagine what the intention was in the context of this country when the matter was being discussed. That is one of the most important aspects of the meeting in the context of the economy. Reference was made to exiting from the broad-based stimulus policies. We, in this country, have nothing to exit from. We have no broad-based stimulus policies. We have no stimulus policies at all. We have not been part of the European recovery plan. It was stated that member states “should begin to unwind financial support schemes”. It was also stated that there should be “adequate incentives for financial institutions to cease to depend on public financial support”. It was indicated that the phasing out of support should start with government guarantees. Those quotations are from the final report of the European Commission. In the context of government guarantees, the Taoiseach must have thought he was on another planet when that was being debated. I cannot see how he could have agreed to something of that nature when we are in the process of putting a package together. We have State guarantees, recapitalisation, NAMA and further recapitalis- ation will be required. We are way out of kilter with what is happening in the vast majority of members of the EU. When the review of that fiscal exit strategy takes place in June, we will 605 European Council Meeting: 20 January 2010. Statements

[Deputy Joe Costello.] be seen to have moved further and further away from the position to which the other member states have moved because they have moved on to growth and jobs and the banking systems in those countries will have become independent and able to stand on their own two feet. Our mollycoddling of the banks is clearly frowned upon by our EU partners. This is at loggerheads with what the Taoiseach said in the House this morning, namely, that the systems that have been put in place are approved by the EU and the European institutions, which is clearly not the case. They are telling us to get out of it as quickly as possible, to get rid of State financial guarantees as the first step and to unwind state support.

Deputy Micheál Martin: The fiscal stimulus and banking supports are two different pillars.

Deputy Joe Costello: That may well be. However, this is the whole approach to it. The next step the Commission moves on to is the regulation of the financial markets, all of which is an integral part of the same package. We have discussed at the Joint Committee on European Affairs and the Joint Committee on European Scrutiny the de Larosière report 1o’clock and we have made considerable contributions to that report in terms of its draft- ing. Again, this is something the scrutiny committee has requested would be put on the floor of the House for debate. The new regulatory mechanisms are very worthwhile — that is an EU initiative — and it is essential that they be put in place to give confidence in, and to regulate and supervise, the marketplace, as well as to restore confidence in the financial institutions and to ensure that the cowboys who were operating in the past and have brought the whole banking system to such a sorry state are reined in once and for all. We would like to see a debate in the House. The new EU 2020 strategy is probably the most important factor of all in terms of an econ- omic way forward. This is the second half of the Lisbon strategy that began in 2000 with a very ambitious programme of making the EU the most competitive and dynamic economy in the world. Unfortunately, it concentrated on unregulated financial and economic development rather than sustainable growth and economic development which would be tempered by a commitment to a social agenda. As a result, we have found ourselves bogged down for a number of years and not going anywhere. It is important that the situation be reviewed and that more coherent, streamlined and focused structures be put in place. In that context, I welcome the appointment of Mrs. Máire Geoghegan-Quinn as our new Commissioner and I welcome the portfolio she has received, namely, the area of research and innovation. We should be able to build around that quite a good approach in regard to sus- tainable growth and employment, particularly in the areas of alternative energy and the smart economy. Employment and the social agenda must be at the heart of the next ten-year strategy. As Deputy Timmins noted, there is concern at the way we have moved forward in the past. The emphasis has been very much on globalisation and the quantity of production, with the world as the marketplace. There has to be a greater focus on the quality of the marketplace and the quality of the product, including local and regional products and craft products which are more indigenous and are, therefore, likely to have a more long-term base and not just disappear to somewhere else in the world. The credit squeeze has become endemic in this country. It has prevented the indigenous market from expanding and moving forward, and has made it stagnant over the past couple of years. While this must be dealt with, there is no sign of it being dealt with here, whereas it is being dealt with in Europe. Small companies still have no access to a regular credit flow, which 606 European Council Meeting: 20 January 2010. Statements must be a major part of the new 2020 strategy regarding cash flow for companies, which are the lifeblood of the country. I would have liked to deal with other issues such as the Copenhagen conference and the huge amount of work which remains to be done in regard to the Lisbon treaty, which must be teased out. This country must take serious decisions also. The Taoiseach referred to how we transpose into domestic legislation EU directives and we must address this issue. I have seen very important issues, such as the services directive and the floods directive, being transposed by statutory instrument without Members having considered them in the House and without any of the normal democratic legislative processes being used. We must change this in the interests of democracy.

Deputy Aengus Ó Snodaigh: Is maith an rud é go bhfuil an deis seo againn labhairt ar an cheist seo chomh luath sa bhliain. Agus muid ag dul chun tosaigh sa tír seo, tá sé tábhachtach go mbeimid ag plé na ceisteanna atá ardaithe ag Comhairle na hEorpa. Tá sé tábhachtach freisin nach bhfuil conclúidí nó treoracha Comhairle na hEorpa ag teacht salach ar an méid atá an tír seo ag iarraidh a dhéanamh. I expected that the first Council meeting following the entry into force of the latest treaty, the Lisbon treaty, would be a brave and decisive step forward for the EU because that is what we were promised. We expected that the meeting would have a lot of energy and enthusiasm but, regretfully, I did not see that enthusiasm. Perhaps it will come in future Council meetings, although I doubt it. Indeed, the Presidency conclusions said as much in the opening line, which read “The new Treaty of Lisbon will allow the Union to fully concentrate on addressing the challenges ahead”, and major challenges they are. When I settled down to examine what those conclusions were, I hoped to see some major initiatives regarding how jobs and recovery would be tackled and what was being promised from the EU. To my surprise, however, the priority issues related to the Lisbon treaty were the setting up of the European external action service and the legislation on the citizens initiative. Members should not get me wrong. These issues need to be discussed. The citizens initiative, in particular, is laudable and, hopefully, it will be rolled out properly and given proper teeth so the Commission will not be able to wriggle out of proposing positive and progressive measures, as it has avoided them to date. We also need to have a proper discussion in regard to where the European external action service is going and what is the end game in that regard. I have noticed already that some of the European Foreign Ministers are looking for it to go well beyond what was proposed or predicted. They are looking for Europe to be represented by a single member at the UN. As a neutral country, we obviously need to ensure that the European external action service is not subordinated to the political or military imperatives of NATO. It is a duty for those of us in the House, as issues arise in regard to that service, to ensure that it does not go to where it potentially could go, and to where some European member states wish it to go. We must consider the area of justice and home affairs. This was highlighted at the Council meeting as a key priority. Closer examination reveals that the priority in the field of justice and home affairs is an intention to make full use of Article 222. We should remind ourselves that the article allows the European Union to mobilise all the instruments at its disposal, including military resources made available by member states to prevent terrorist threats in the territory of the member states, to protect democratic institutions and civilian populations from any terrorist attack and to assist the member state in its territory at the request of political authorities in the event of a terrorist attack.

607 European Council Meeting: 20 January 2010. Statements

[Deputy Aengus Ó Snodaigh.]

That is quite clear. The problem I have at this stage is that the same priority and mobilisation of instruments is not being used in tackling poverty or inequality in the European Union. I was hoping for some kind of statement at the meeting indicating that the instruments would be used to build for a jobs recovery, which is not prioritised as it should be. What was the conclusion on jobs and recovery? It was stated that the economic position is starting to show signs of stabilisation and confidence is increasing, which we have heard before. We heard it last October when the Council stated that the sharp decline in the European economy was coming to a halt with a stabilisation of financial markets and improvement in confidence. That has not been seen. When we come back in March or April there will be a similar statement with the idea that if it is repeated three times, it must be true despite the devastation being visited on jobs, income and services in this country and across many EU member states. The conclusion also stated that uncertainties and frailties remain and the employment and social situation is expected to deteriorate in 2010. There is a slight contradiction in the state- ment in saying that there is stabilisation in the financial market with an end to its decline as further on it deals with deterioration. The economy is stabilising but the jobs position is not. It has been indicated that there will be further job losses and the social elements will deteriorate again this year. What kind of recovery will this be if the employment and social issues deteriorate again? The Government has shown in its recent budget that it has all the required skills to bring about further deterioration in the employment and social spheres. The October Council meeting also expected a deterioration in employment and it was more proactive in trying to ensure that action would be taken to increase employment, as well as promoting active social inclusion and protection policies. There are different emphases and nuances in the December meeting, which did not have the same positive outlook. The conclusions also stated that policies in support of the economy should remain in place and only be withdrawn when recovery is fully secured. Will the Minister indicate which policies are being referred to? Are they policies dealing with weak regulation, the liberalisation of public services, the race to the bottom for workers’ pay and conditions or the attack on social welfare payments? Which policy should remain? Some of the details are still emerging of the SR Technics issue. Do we want to promote such a model, or such as we saw with Dell, in the European Union? SR Technics, a profitable company in Dublin, employed approximately 1,200 or 1,300 workers. However, an EU member state invested in hangars to successfully draw those jobs away from Ireland. This company still has not fully paid its part of the pension fund of those workers, where there is a deficit of €26 million. Is that the sort of Europe we want to promote with regard to employment policies? The Maltese have suggested that €1.6 billion in revenue streams will be created by attracting SR Technics away from Ireland. The loss to the Irish economy is not only in jobs, but also in revenue streams. We must not concentrate just on the Maltese as the Polish did the exact same with Dell. There is nothing to protect Ireland from losing further jobs to countries where the governments have interfered in the market. I asked the Tánaiste and Minister for Enterprise, Trade and Employment if she would nationalise the company or give additional supports to try to hold SR Technics here, but she said she would not interfere with the market because it is against EU rules. The Maltese and Polish have done so and Ireland must suffer the con- sequences. Perhaps that is because we are on the periphery or such a small country, although Malta is much smaller. We could not ensure that SR Technics would remain in the country. 608 European Council Meeting: 20 January 2010. Statements

Perhaps that is the type of building and support for the economy that the European Union speaks about. There are some positives in the conclusions, which the Government, in particular, can learn from. It can recognise the weaknesses of the current regulatory framework and the supervisory arrangements for financial institutions, which were mentioned in the conclusions. It was stated that remuneration policies within the financial sector must promote sound and effective risk management and should contribute to the prevention of further crises in the economy. The importance of renewing the economic and social contract between financial institutions, along with the society they serve, was emphasised. Is the council suggesting that we move towards state banks in indicating that the importance of renewing the economic and social contract between financial institutions and the society they serve? One way to do this is to ensure that financial institutions serve society rather than lining the pockets of their directors and shareholders. The new EU 2020 strategy has the potential to bring about a new vision to replace the tired and failed Lisbon strategy and that opportunity must be grasped. This relates to my earlier point about job losses in Dell and SR Technics. The undermining of employment in a member state by a company, which undermines, interferes, break the rules and causes job losses in another member state, cannot be allowed to happen. A recognition of the benefits of having a greener economy is important. Energy efficiency can help businesses lower costs, it can help less well off families out of fuel poverty and can help combat climate change. A shift to an energy efficient economy can help economic growth but this needs to be supported, promoted and encouraged much more, perhaps through grant aiding companies. However, the positive nature of this and other points will depend on the detail of how the Commission proposes to take them forward. It is welcome that one of the key positions in the Commission is held by an Irish woman, Máire Geoghegan-Quinn. Hope- fully, she will be able to encourage the Government to invest in research and in education in particular. If one does not invest in education, one cannot build an economy based on research and innovation or build a knowledge-based economy. That is one of the key lessons the Government, based on its recent budget, has not learned. It is important that the EU does not repeat the mistake of the Lisbon strategy. If we are to genuinely develop a new vision and direction for EU policy, as the Commission states in its consultation document, the EU 2020 strategy, there will be a need to focus on a green economy, empowering communities and on unleashing the social and economic potential of vulnerable groups in our society.

Acting Chairman (Deputy Noel O’Flynn): A number of questions were raised by Members and it might be appropriate for the Minister to deal with those first before taking additional questions. I call the Minister to deal with those matters.

Deputy Micheál Martin: That is useful. I thank Members for their wide-ranging contributions. In terms of the comments made by Deputy Timmins on Haiti and by other the colleagues in the House, we will discuss this situation in greater detail tomorrow. However, I take this oppor- tunity to express our deepest sympathies and extend our heartfelt condolences to the people of Haiti and to all those affected by the earthquake and the aftermath of it. Members raised the issue of co-ordination and the need for a swift response. The response from the international community has been swift but it has been hampered by logistics on the ground, infrastructural deficiencies and so forth. At the emergency meeting of EU Foreign Affairs Council this week, which was attended by the Minister of State, Deputy Peter Power, the EU pledged €122 million for immediate humanitarian effort and a further €300 million 609 European Council Meeting: 20 January 2010. Statements

[Deputy Micheál Martin.] will be directed from EU instruments to finance the longer term response of recovery and reconstruction. The European Union has called for an international conference on the recon- struction of Haiti. Ireland has pledged €2 million in funding for the relief operation. That is in addition to the €20 million we have already allocated to the United Nations emergency relief fund. We are one of the largest contributors to that fund. The idea of establishing that fund was to have money in place in anticipation of a catastrophe of this kind. We, along with other members states of the UN pushed for that following the tsunami that occurred a few years ago. On Monday we dispatched 83 metric tonnes of essential humanitarian supplies to Haiti. Irish Aid is working closely with Concern, GOAL and the other NGOs to get emergency materials on the ground. Two members of Irish Aid’s rapid response corps have been deployed to assist the World Food Programme. A third member will travel within the next week to assist GOAL in its response and others remain on stand-by. That response corps comprises people with specific skills. We are waiting for the UN and others to indicate that they need a particular expert or a person in a particular discipline in an area where there are gaps. That is the context within which people would come forward. It is expected that experts in logistics, telecom- munications, child protection are likely to be called upon by the UN and other humanitarian organisations over the coming days and weeks. An Irish Aid technical team has left for Haiti to assess the short and medium needs and how Ireland can contribute to the relief operation. The Irish people have demonstrated their generosity in supporting appeals from a range of NGOs. On the battle group question, Council conclusion 5 states that: “The EU and its Member States stand ready to provide additional assistance on the basis of the ongoing needs assess- ment, including military and civil assets, as appropriate, responding to the UN request.” A key point — this also relates to the context of what we are doing here — is that the more we can channel via one source, the more we can create a coherent, concerted, focused effort. I have some concern with the plethora of agencies and people who have come forward. Approximately seven organisations with different account numbers were shown on a news broadcast the other night. My view is that we need to concentrate our efforts and make sure everybody works. That is happening so far and Irish Aid is co-ordinating the humanitarian relief effort among our NGOs and focusing on people with experience on the ground. We had three partners, in particular, in Haiti prior to the disaster, namely, Concern, Christian Aid and Médecins Sans Frontières. The situation there is appalling and we will do whatever we can to support the people there. I sense that the logistical human resource issue is the key one. I would not necessarily accept what Deputy Costello said about the high representative, Catherine Ashton. I accept her bona fides in the sense that the key issue is the nature of the response. If every significant figure wanted to fly into Haiti, that would clog up the airport. It is not about being to seen to be doing something. In a humanitarian crisis, we just do the work. I am not interested in earning kudos nor should the Deputy be. That is not the key issue. In terms of the Stockholm Programme, different perspectives were outlined by Deputy Timmins and Deputy Ó Snodaigh. I accept Deputy Timmins’s view that we have to be ready and make sure that we are up to speed in terms of having body scanners and all the various instruments we need. The Minister for Justice, Equality and Law Reform has key responsibil- ities in that area and is keen to ensure those are in place. Deputy Ó Snodaigh raised various issues concerning military and security matters in the event of a terrorist attack here. We have protocols in that regard and we can opt in and opt out, but the bottomline is that if a major terrorist attack occurred here, I would welcome assistance as I believe the country would. We need to examine these issues and take account of the big picture, particularly humanitarian or 610 European Council Meeting: 20 January 2010. Statements other civil support a country would offer, in the way we offer humanitarian and civil support to other countries that have been the subject of attack. After all, we are members of the European Union. We talk about the situation in Haiti and about other horrific events that have happened across the world and we always stand ready to support countries in such cir- cumstances. The citizens’ initiative was raised. The Minister of State, Deputy Roche attended a meeting in Spain last week, at which this issue was significantly dealt with this issue. We would be broadly in line with what members have said on this issue. It was suggested that about a quarter of member states be the figure and not a third. We would share Deputy Timmins’s view on that. It is suggested that the threshold in each member state would be 0.2%, as the Dáil commit- tee suggested. Ireland has put forward a view that petitioners should be on the voting register to facilitate checking for fraud, to make sure that the petitioners are genuine and that the signatories are valid. If petitions are made on-line, which they probably will be, precautions need to be taken in terms of fundraising; the initiative should not be used as fundraising mech- anism. During the Lisbon treaty debate, this was one of the points we trumpeted as a key advantage for people to vote “Yes” for the treaty. We would be interested in working through that with Members of the House to make sure that our citizens are fully aware of the oppor- tunities the citizens’ initiative creates for them. The template that will emerge to facilitate the citizen’s initiative is the ideal one to dissemi- nate across the country and of which to make people aware. We are anxious to do that. We have already had some good experience in our work in this area with eumatters.ie and other websites we used during the Lisbon campaign. The eumatters.ie contained information on Europe. The communicating Europe initiative showed that on-line facilities can be useful in terms of imparting information to the public. The European External Action Service was mentioned. It is early days yet but we are anxious, in line with what Members said, that there be Irish participation, that the service reflects the broad range of interests and perspectives that is the European Union and that small states have adequate representation on the staff, including the secondment of some of our diplomats. We are interested in this because we want to ensure, as the Taoiseach said earlier, that our influence is strong and positive. There is work to be done in this regard. The job creation strategy is key, and the 2020 strategy — the successor to the Lisbon strategy — is also important. The Irish position is to try to maintain the central focus on job creation and growth. There will always be a danger that such strategies, when applied to a 27-country bloc, can become spread out, with a range of different strands and issues being dealt with and diluting the central focus of the strategy. For Ireland and across Europe, the focus must be jobs and growth. I am cautious about Deputy Ó Snodaigh’s final remarks. You win some and you lose some, but we have always argued for a more liberal State aid regime in Ireland; in fact, it was the hallmark of our policy for 20 or 30 years and we succeeded in attracting many multinational investors. One of the fundamental reasons we have preserved our autonomy on taxation is that our policy of corporate taxation has been key to attracting inward investment. We may lose some to other emerging countries, but we must be careful that we do not throw the baby out with the bath water and undermine a key feature of our industrialisation policy for more than 20 years. I have not covered all of the issues mentioned as Members may want to ask further questions. Deputy Timmins mentioned the Middle East and the possibility of a two-state solution. We are happy with the conclusions that emerged from the Foreign Affairs Council and the Euro- pean Council itself, which called for an urgent resumption of negotiations that will lead, within 611 European Council Meeting: 20 January 2010. Statements

[Deputy Micheál Martin.] an agreed timeline, to a two-state solution with the State of Israel and an independent, demo- cratic, contiguous and viable state of Palestine living side-by-side in peace and security. Para- graph 2 of the Foreign Affairs Council’s conclusions states: “The European Union will not recognise any changes to the pre-1967 borders including with regard to Jerusalem, other than those agreed by the parties.” This is an important aspect of the conclusions decided upon at the meeting.

Deputy Billy Timmins: I thank the Minister for his response and wish to take him up on one issue — namely, the advertisements from different agencies seeking money for Haiti. Aid agencies might dispute this as a simplistic approach, but would the Minister agree that there may be merit in aid agencies’ concentrating on individual geographical areas rather than differ- ent subjects or concepts? If we had one aid agency dealing with each country, it would be so much easier to manage. Perhaps that is impossible to achieve. Even here we have a plethora of organisations, including three of four farming organisations. However, such a system would be easier to administer and allow for the development of greater expertise and for economies of scale. Whenever something happens there are seven or eight different aid agencies trying to help. Perhaps this is a utopian ideal that is not possible to achieve, but I would like to hear the Minister’s view on whether we should aspire to a situation in which aid agencies concentrate on certain programme countries rather than having smaller operations in many different countries.

Deputy Micheál Martin: That is a very important point.

Deputy Joe Costello: On that point——

Acting Chairman (Deputy Noel O’Flynn): I will allow Deputy Costello to ask a question first.

Deputy Micheál Martin: I am sorry.

Deputy Joe Costello: I mentioned that certain countries sought kudos in the context of the disaster in Haiti. Others seek kudos and many international organisations are using the oppor- tunity to promote themselves. I agree entirely with what Deputy Timmins said. We are in contact with two agencies, Christian Aid and Concern, yet neither of those was the first to come looking for funds for Haiti or to present themselves as knowing all about the situation there. We need to consider that side of things. The European Union is the largest global donor in the world, sending around €400 million — close to half a billion euro — in aid to Haiti. Nevertheless, the perception among the public is that the EU is doing scarcely anything and that everything is being done by the United States and by the NGOs. Because of its self-effacement and modesty, the EU is not playing the necessary role as a leader of the humanitarian work that needs to be done after this terrible tragedy. That was the point I was making: not that the European Union should seek kudos per se, but that it is allowing others to do so. The EU should be out in front showing leadership.

Deputy Micheál Martin: I agree with Deputy Timmins. In fact, I have already suggested such a system to Irish Aid. It is difficult because it is a free world and any agency can say it wants to provide assistance. However, in a major catastrophe such as this there should be one fund — in this case, one Haiti trust fund — to which people can contribute, perhaps with Irish Aid deciding how the money is deployed by various agencies that have track records and expertise to offer. The key issue in emergency relief is that everyone wants to offer help. There is a genuine outpouring which we do not want to suppress. However, we need targeted, high-quality intervention that makes a difference. That is something we need to work on. 612 European Council Meeting: 20 January 2010. Statements

After a disaster of the type that occurred in Haiti, which was on an appalling scale, the public needs to know there is one fund to which they can contribute in addition to what the Govern- ment may contribute through Irish Aid, and everybody must co-ordinate resources. It should be possible to do this; perhaps, as a policy initiative from the Oireachtas, we should put that view forward. We need to make sure there is less duplication and overlap and that people pull together.

Deputy Billy Timmins: There are enough problems out there that they can all have a slice of the action. They can have a continent each.

Deputy Micheál Martin: To be fair to them, some of our key NGOs combine a thematic approach with certain geographical strengths.

Acting Chairman: Does the Minister wish to address the remarks made by Deputy Costello?

Deputy Micheál Martin: Yes. I take the Deputy’s point. There is one airport in Haiti which, as we know, is severely limited in use. There is a genuine effort all around and everyone, including President Obama, the US Secretary of State, Mrs. Clinton, and the European Union, has come together to deal with the disaster as quickly and effectively as possible. What is important is to deal with the immediate circumstances and then to ensure effort is sustained over a longer period. If anything is to come out of this there must be a prolonged international effort to ensure we do something lasting and sustainable for Haiti and its people. Haiti’s poverty levels, poor infrastructure and governance issues are all contributing factors to the number of deaths and horrific injuries. That is what we need to concentrate on at the moment.

Acting Chairman: Does the Minister wish to make any concluding remarks?

Deputy Micheál Martin: I will mention some items not covered by the Taoiseach in his opening speech, namely the conclusions on Iran and Afghanistan, which I will share with Members. Following prior agreement at the Foreign Affairs Council on 8 December, the European Council approved a declaration on Iran which called for a diplomatic solution to the Iranian nuclear question, set out the European Union’s grave concerns regarding Iran’s persistent failure to meet its international obligations and urged Iran to co-operate with the IAEA. The declaration also addressed the human rights situation in the country as well as the position of the British Embassy staff and that of Ms Clotilde Reiss, a French national who has been detained. The situation in Iran remains tense in the wake of the regime’s hardline response to the Ashura protests of 27 December, which has led to at least eight deaths — although unof- ficially the figure is judged to be significantly higher — and hundreds if not thousands of people being detained, which is overwhelming the already crowded prisons. The regime has again blamed outside interference for the protests and has intensified its campaign against what it represents as foreign enemies. The United States has described as absurd Iran’s claim that it was behind a car bomb that killed an Iranian nuclear scientist in Tehran last week. The tension has been heightened by calls in the Iranian Parliament for the swift execution of all those guilty of what was claimed to be opposition to the regime. The response to the Ashura protests and its aftermath, which was roundly condemned by President Obama in the E3, regrettably reduces the potential for the outreach by the United States to Iran. The E3+3 Geneva dialogue, which had held out some promise, now effectively is stalled and attention has turned to the second track, namely, the possibility of securing a resolution providing for increased sanctions against Iran at the Security Council. 613 Priority 20 January 2010. Questions

[Deputy Micheál Martin.]

While the Heads of State or Government did not discuss Afghanistan at the European Council, it was thought to be the right time to issue a declaration in response to the major policy statement made on Afghanistan by President Obama on 1 December. In its declaration, the Council reiterated the strong commitment of the European Union to promoting stability and development in Afghanistan and Pakistan. The Council also welcomed President Obama’s policy statement. The priority needs for the country include the Afghanisation of security, policing and reconstruction operations. This will require concerted efforts to strengthen Afghan capacity. The Council also is clear that corruption must be tackled and governance improved. The European Union is firmly committed to raising human rights standards and, in particular, to improving the role of women in Afghan society. The option of trying to attract Taliban members who are prepared to renounce violence back into the political and social mainstream also is worth pursuing. An international conference on Afghanistan will be held in London on 20 January at which I will represent the Government. It will set out the steps that must be taken by the Government of Afghanistan and its international partners to turn around the situation in that country. On the Oireachtas response to the Lisbon treaty’s clauses relating to parliamentary scrutiny, decisions on the best type of instrument and mechanism to be developed in Ireland must come from the Oireachtas because this matter primarily and specifically relates to the Oireachtas. However, Members on this side of the House stand ready to help in any way they can.

Sitting suspended at 1.40 p.m. and resumed at 2.30 p.m.

Ceisteanna — Questions (Resumed).

Priority Questions.

————

Defence Forces Promotions. 69. Deputy Jimmy Deenihan asked the Minister for Defence the number of promotions by rank and appointment that have occurred within the Defence Forces since he announced on 24 November 2009 that he had received sanction for 50 promotions within the Defence Forces; if all 50 promotions have taken place; if not, the reason; the date by which the promotions will be completed; and if he will make a statement on the matter. [2295/10]

Minister for Defence (Deputy Willie O’Dea): Resulting from the Government decision regarding the reduction in public service numbers and the reduced budgetary provision avail- able for 2009, recruitment, promotions and acting up appointments in the Permanent Defence Forces were suspended. I made a submission to my colleague, the Minister for Finance, in June 2009 regarding the implications of the measures for the Permanent Defence Force. My focus is on maintaining the ongoing operational capability of the Defence Forces and, therefore, the question of limited exceptions to the application of the measures arises in this regard. I outlined the need for limited recruitment, promotions and acting appointments for the Defence Forces in my submission to the Minister. As I announced on the 24 November, an allocation of 50 promotions was approved for the Permanent Defence Force by the Minister for Finance. These promotions were approved to address priority operational and command requirements of the Permanent Defence Force. These promotions, therefore, must be allocated in a manner that gives protection to the oper- ational capacity of the Defence Forces. In addition, the allocation must be balanced across 614 Priority 20 January 2010. Questions both officer and enlisted ranks having regard to the operational requirements of the Defence Forces. Military management has been reviewing existing vacancies in all ranks across the organisation as a whole to prioritise those to be filled from the approved promotions. Following the military review, a number of priority posts have been identified and I am pleased to confirm that nine officer promotions and 27 enlisted promotions have been progressed. Some have been completed and the remainder will be completed in the coming days. A number of senior technical officer vacancies also have to be filled and competitions are being organised to fill these posts. The residual approved promotions will be used to fill priority posts arising in the next few months. In addition, approximately 30 vacancies will be filled through acting up appointments in the coming weeks. My officials are continuing to engage with the military authorities regarding the review of structures and posts required to meet the operational requirements of the Defence Forces in light of the Government decision to maintain a complement of 10,000 personnel. I am glad that, while these are challenging times, the Defence Forces have risen to the challenge and are organised, equipped and staffed in a manner which will ensure they can continue to deliver the services required of them by Government.

Deputy Jimmy Deenihan: I read the Minister’s reply earlier in the Irish Independent and it demeans the House that he made this information available to that newspaper before announc- ing it in the House. Does this imply that if I had not tabled the question today, he would not have made this decision? He announced 50 promotions at the RACO conference in Cavan three months ago. The members involved were listed and are awaiting promotion. Why did it take three months to make this announcement? The Minister announced only 40 promotions. What is the timeframe for the remaining ten promotions? He indicated that will depend on urgency and priority. How long will this take? Acting up is not the same as being promoted, as it is only a temporary measure. Will the Minister confirm when the remaining ten promotions will be made? Why did it take three months for these appointments to be announced since the individuals had been identified, approved and were ready? Why did we have to read this announcement in today’s newspaper prior to the Minister replying to this question in the House? Surely he could have waited until he replied in the House to tell the newspaper.

Deputy Willie O’Dea: The Deputy is wrong on a number of points as usual.

Deputy Jimmy Deenihan: What about the article in today’s newspaper? It is very accurate. Everything the Minister said in his reply is reported verbatim.

Deputy Willie O’Dea: I had no conversation with the Irish Independent.

An Ceann Comhairle: Deputy Deenihan should allow the Minister to reply without interruption.

Deputy Jimmy Deenihan: The Minister is in a corner. He has shown total disrespect to the House by making an announcement in a newspaper before making it in the House.

An Ceann Comhairle: The Deputy must allow the Minister to contribute.

Deputy Willie O’Dea: I have not spoken to the Irish Independent for several days.

Deputy Jimmy Deenihan: The Minister should then order an inquiry in this Department. Who is speaking to the newspaper?

615 Priority 20 January 2010. Questions

Deputy Willie O’Dea: I have more to be doing in my Department than ordering inquiries. I announced this two months ago.

Deputy Jimmy Deenihan: It was three months ago.

Deputy Willie O’Dea: There is a slight difference.

Deputy Jimmy Deenihan: I was present in Cavan.

Deputy Willie O’Dea: I am sorry the Deputy is unable to count because that was two months ago. I do not know how well aware the Deputy is of the issues but the military authorities have been reallocating and reorganising their position to take account of the moratorium.

Deputy Jimmy Deenihan: I am more aware of what is happening in the Army than the Minister.

An Ceann Comhairle: Allow the Minister to continue without interruption

Deputy Jimmy Deenihan: He has made an accusation. I am more aware of what is happening than him.

Deputy Willie O’Dea: The Army authorities could not allocate these posts until they knew how many posts they would have to allocate. They are now ready to do this.

Deputy Jimmy Deenihan: There are several vacancies

Deputy Willie O’Dea: Yes, but some must be filled immediately while others must not.

Deputy Jimmy Deenihan: Members have been listed for the vacancies.

Deputy Willie O’Dea: The remaining ten promotions will be made in the coming months. It is always the practice in such a scenario to hold back a number of people for contingencies that may arise and those affected will be appointed in the next few months.

Deputy Jimmy Deenihan: The Minister’s defence is to attack. I raised a pertinent question about this reply being published in a newspaper. When I met the journalist who wrote this article at the RACO conference, I congratulated him. I told him that we would read what he reported in the newspaper and we could table questions to the Minister on the basis of his articles because he is given all the information before us. This does nothing for the House. The article states there will be 30 acting up vacancies and this will be a temporary measure. Could the number of vacancies be increased? There are many structural problems in the Army. The Defence Forces are based on chain of command and these vacancies create a health and safety issue, according to responsible members of the force with whom I have been in contact. I keep in constant contact with RACO, PDFORRA and RDFRA and I know what is hap- pening in the Defence Forces and the Minister cannot say I do not. However, I refer to the command structure within the Defence Forces and vacant positions being filled by people of a lesser rank. Surely this raises a health and safety issue. Has the Minister examined this? Has he also examined the issue of officers and others leaving the Defence Forces before their time is up, which is also a health and safety issue?

Deputy Willie O’Dea: If the Deputy tells me he keeps in touch with the representative organisations, I accept that but that makes it all the more surprising he gets so much wrong.

Deputy Jimmy Deenihan: I get nothing wrong. 616 Priority 20 January 2010. Questions

Deputy Willie O’Dea: The number of promotions could be increased from 30. I appreciate the need to extend the acting up provisions and that is why I am in contact with the Department of Finance in this regard. I also accept that 50 promotions are not adequate but this is the first instalment and I expect further news on this shortly. With regard to the health and safety issues, the military authorities say the Army is fit for purpose. Certainly there are vacancies and gaps caused by the moratorium because the army is an institution with a high rate of turnover and naturally that will have an impact. We have made some progress and received some exemptions from the moratorium. I am utterly confi- dent that we will receive more.

Physical Fitness Promotion. 70. Deputy Brian O’Shea asked the Minister for Defence his views on whether there is a case for a Defence Forces role in promoting physical activity fitness and supporting the delivery of physical education in schools here as proposed in a recent paper (details supplied); and if he will make a statement on the matter. [2293/10]

Deputy Willie O’Dea: Promoting physical fitness and supporting the delivery of physical education in schools is a matter for my colleague the Minister for Education and Science. All physical education instructors within the Defence Forces are fully engaged in the training process. Furthermore, the robust physical fitness training programme applied to Defence Forces training is not comparable or suitable for application in a school environment. I under- stand from my colleague the Minister for Education and Science that the pre-service training of all primary teachers is designed to equip them to teach all aspects of the curriculum, includ- ing physical education. At second level, PE is provided by specialist physical education teachers who have been trained to promote the physical, mental, emotional and social development of young people in an age-appropriate way through the medium of physical activity. My colleague also advises me that continuing support is also available on an ongoing basis for practising teachers through the curriculum support services at primary and second level and that it is not considered necessary therefore to seek the input of the Defence Forces to supplement the work of schools in this area. The role of physical education instructors within the Defence Forces is to ensure that Defence Forces personnel attain the level of fitness required of them in the context of filling the roles are assigned to them, here and on overseas missions. As the Defence Forces are required to maintain a state of readiness to attend to any task that may be assigned, there is an onus to maintain an appropriate level of physical fitness at all times. Physical fitness contributes significantly to the effectiveness and general health of individuals in the Defence Forces. Personnel who are unfit reduce operational effectiveness, put themselves at greater risk of injury and detract from the overall performance of the Defence Forces. Physical education and physical fitness has a key role to play in the context of the Defence Forces as it contributes to fitness, teamwork, leadership, self-discipline, determination, co-ordi- nation, courage, competitive spirit and military ethos. It plays a role in recruitment and reten- tion and in many instances provides excellent positive public visibility of the Defence Forces. In this context it is worth noting that 19 different sporting disciplines are played at unit and brigade level within the Defence Forces. In addition confidence and adventure, training in the Defence Forces makes an important contribution to the spirit, morale, personal development and ultimately, operational effective- ness of the individual. 617 Priority 20 January 2010. Questions

Deputy Brian O’Shea: I find the Minister’s response disappointing against the background of a strong military tradition of involvement in the delivery and shaping of physical education since the foundation of the State. I do not think this involvement can be disputed. There are also excellent models of best practice from other countries of supporting physical education and promoting physical activity and fitness in schools and the wider community. If everything is as good as the Minister outlined, having conferred with his colleague the Minister for Edu- cation and Science, why do we have rising obesity levels in children, inadequate physical activity levels among children and gaps in the provision of physical education in schools? As was suggested to us by Mr. Michael McDonough, a retired Army captain, at a committee meeting, will the Minister consider having a small number of pilot projects to examine whether something can be moved forward? Another issue which arose at the meeting was that the Reserve Defence Force does not attract the number of recruits that we would like. This may be an area in which the Reserve Defence Force could get involved and attract more people. I was very impressed with the presentation made at the committee meeting last week. The sub- missions made deserve more examination and scrutiny and a positive approach rather than being dismissed out of hand in the way the Minister has done.

Deputy Willie O’Dea: I do not want to be disrespectful to the Deputy in my reply and he should not draw the conclusion that I am being disrespectful to him. He mentioned a strong tradition of military involvement in physical fitness but quite honestly I do not know of what he is speaking. He mentioned other countries——

Deputy Brian O’Shea: I referred the paper to the Minister and it is all laid out within it.

Deputy Willie O’Dea: I have a precis of it.

Deputy Jimmy Deenihan: He does not know everything.

Deputy Willie O’Dea: The Deputy referred to other countries.

Deputy Brian O’Shea: The passage clearly lays out what that involvement in physical edu- cation delivery and shaping by the military has been.

Deputy Willie O’Dea: In Canada it involves the military going to a school for a few days in the year. In no country in the world does the military step in to assist in the work of PE teachers or to replace them. That is a fact.

Deputy Brian O’Shea: That is not being suggested. It is supporting.

Deputy Willie O’Dea: The paper refers to the Defence Forces having a plethora of qualified personnel and a vast resource of equipment. We do not have a plethora of qualified personnel. I assure the Deputy that my advice and experience is that all of those providing physical fitness training in the army are fully taken up with the work they are supposed to do. It is misleading to state that there is “X” amount of qualified people because some of them have moved on to other things. For example, as far as I know the Chief of Staff is a qualified physical fitness instructor but he cannot engage in that type of work.

Deputy Jimmy Deenihan: He is a qualified physical education teacher. I know that much as we went to the same college.

Deputy Willie O’Dea: Deputy Deenihan should not be so sensitive.

Deputy Jimmy Deenihan: It is the Minister that is being sensitive. 618 Priority 20 January 2010. Questions

Deputy Willie O’Dea: I am told that all of those involved in this activity in the Army are working flat out and that all their time is taken up. With regard to making facilities such as gyms and PE halls available, this is done on a local basis. It is up to the local barracks that has the facilities. People make their own arrangements at local level and sometimes they tell us about them and sometimes they do not. That is fine with us. I reiterate that this is a matter primarily for the Minister for Education and Science. However, if the Minister approaches me and wants to establish a multi-agency approach to this we will certainly have an input into it.

Deputy Brian O’Shea: The two people who made presentations to the committee are former Army officers so I suspect they have some knowledge of the Army structure. Would the Mini- ster be prepared to meet them or have senior departmental officials meet them so they can make their case with a view to bringing this issue forward?

Deputy Willie O’Dea: They are two former Army officers and therefore they know the structure of the Army.

Deputy Jimmy Deenihan: One of them is the trainer of the Kilkenny hurling team.

Deputy Willie O’Dea: As Minister for Defence I hope I also know the structure. At a mini- mum I will ask my officials to meet them and hear what they have to say. If Deputy O’Shea requests me to do this I am prepared to do it.

Defence Forces Deployment. 71. Deputy Jimmy Deenihan asked the Minister for Defence the initiation procedures under which members of the Defence Forces were deployed to deal with the weather crisis in December 2009 and January 2010; if he intends to change the methods by which deployment will be initiated; if he will be more proactive in the use of the Defence Forces in any subsequent use in the maintenance of essential services; and if he will make a statement on the matter. [2296/10]

Deputy Willie O’Dea: Emergency planning is developed on the “lead Department” principle. This means that each Department is responsible for planning for emergencies that fall within its area of responsibility. The framework for major emergency management sets out the structure enabling the principal response agencies, namely, the Garda Síochána, the Health Service Executive and local authorities, to prepare for, and make a co-ordinated response to, major emergencies resulting from events such as severe weather. In accordance with the framework, the Defence Forces act as a support to locally based services. All requests for the assistance of the Defence Forces are processed through the local authorities, the HSE and the Garda Síochána. This ensures that there is an efficient, effective and co-ordinated response in accordance with prioritised local requirements. Standing arrangements are in place for the civil authorities to request the assistance of the Defence Forces. Requests for aid to the civil power are normally made by a member of the Garda Síochána not below the rank of inspector. Requests for assistance to local authorities are normally processed through local authority managers. Requests for assistance from the HSE are normally received from chief emergency management officers. All assets, resources and capabilities of the Defence Forces throughout the country were made available to assist the civil authorities where and when called upon. Defence liaison officers were appointed to all local emergency relief centres to co-ordinate Defence Forces assistance. The Defence Forces provided assistance to a range of local authorities and to the HSE, utilising their 4x4 vehicles and trucks, while the Air Corps was also active in providing 619 Priority 20 January 2010. Questions

[Deputy Willie O’Dea.] an air ambulance service and support for other emergency services. The type of assistance provided by the Defence Forces includes gritting operations on roads and key junctions in many counties; the transportation of health care personnel to and from hospital, clinics and to patients in outlying areas; the transportation of patients to hospitals and clinics; the distribution of food and supplies in a number of areas; the delivery of water supplies in a number of local authority areas; the provision of transport for the Garda Síochána in Cork; and the provision of a number of air ambulance missions across the country. An Air Corps helicopter was utilised to transport RTE engineers to repair a transmitter at Kippure Mountain in County Wicklow. The Air Corps provided assistance to farmers with cattle on islands in Lough Ree to move fodder to their stock, at request of the Garda Síochána. The Defence Forces responded to all official requests for assistance received from the civil authorities during the severe weather period.

Deputy Jimmy Deenihan: I called for the involvement of the Defence Forces before the Minister was even aware that they should be out there. I compliment them on what they achieved when they were used. However, we were well into the big freeze before they were used, and people suffered as a result. When he was asked on RTE about the involvement of the Defence Forces following my call for this to take place, the Minister’s response was totally inadequate. He said that we were not out there because we were not asked. That surely was not an adequate response when we were in the middle of a major emergency crisis in this country. One of the principal roles of the Defence Forces is to aid the civil power and to ensure that essential services are maintained at all times.

Deputy Willie O’Dea: When they are asked.

Deputy Jimmy Deenihan: Yes. We had a flooding crisis before Christmas and a big freeze before and after Christmas. The Defence Forces should have been ready without even being asked to go out there. As the person in charge of the Office of Emergency Planning, the Minister for Defence sat on his hands while this whole crisis dragged on. His response was reactive in the end, rather than proactive. There is a commitment on the website of the Office of Emergency Planning that a framework would be drawn up for weather emergencies to ensure that all existing local severe weather plans are appropriately co-ordinated and linked. I asked the Minister on a radio programme one evening if this was in place. He did not know the answer that evening, and I can accept that. Can he confirm today that this framework is now place? If we have a recurrence of severe weather conditions in 2010, can the Minister confirm that there will be a different response than that which we recently experienced?

Deputy Willie O’Dea: In 2008, I brought a document to the Government which outlined what happens in the event of various emergencies, including a weather situation like that which we have just experienced. That document identified the lead Department in all cases. For example, if there was an oil spillage off the coast, the Department of the Marine would lead. If there was a terrorist attack, the Garda Síochána would lead. In weather crises such as that which we recently experienced, the Department of the Environment, Heritage and Local Government is the lead Department. That Department summons the emergency response com- mittee during the crisis appropriate to its area of responsibility. That is the position. The framework for the local situation is in place. I am told that there is a framework plan for each—— 620 Priority 20 January 2010. Questions

Deputy Jimmy Deenihan: What about a national plan that co-ordinated all the local plans? Is that national framework there?

Deputy Willie O’Dea: The national framework is there. There is a framework for a local response. At any time, the local committee can get together and request the assistance of the Army or anybody else. Many such committees did not do so for reasons I do not know. It is ludicrous to talk about the Army being ready because they were involved in the flood crisis. The Army is an aid or back up when somebody asks it for help. If groups ask the Army for help, they must ask for help in a specific way and at a specific place. They might request the Air Corps to airlift fodder to cattle at a farm in Listowel because the owner is stuck. They might request that somebody be taken to hospital in County Waterford due to an emergency. In these cases, the Defence Forces get a specific task. It is ludicrous to think of the Army wandering around the country without being requested to do anything, like latter day Don Quixotes, seeking out damsels in distress, riding MOWAGs instead of horses, and deciding to vanquish dragons whenever they happen to meet them.

Deputy Jimmy Deenihan: The Minister is trivialising the whole thing now. That is not what is being asked.

Deputy Willie O’Dea: This is ludicrous. The Army has to be asked. It acts in response to a request. During the crisis, the HSE was not slow in asking the Army for help. It asked the Army for help from the first day of the frost to carry out air ambulance missions over and above what it had ordinarily been doing. The HSE approached the Army to transport palliative care nurses in south Galway. The HSE approached the Army with a request to do various things in the midlands, and the Army obliged. However, the local authorities, which neither my party nor the Deputy’s party controls, were very slow in asking for any assistance. They did not appear to appreciate that the crisis was a local crisis to be dealt with at local level.

Deputy Jimmy Deenihan: Let us blame the local authorities.

Deputy Willie O’Dea: As this weather spell went on longer than anybody would have antici- pated, contrary to the forecasts, the local crisis involved more than just accessibility of roads and other issues came into play which made it appropriate for the national emergency response committee to convene a meeting. The committee met when it became appropriate to do so, and the Army was involved very heavily at that stage. The Army was available at all times. It is ridiculous to talk about mobilising the Army and putting it on stand-by. We are not talking about a part-time Army. We have a full-time standing Army in this country that is mobilised and ready at all times. It can be requested on foot of a local plan or national plan at any time at all. The local authorities did not request the Army during the early stages of the crisis. Apart from the fact that some of them were asleep, I suspect that the local authorities did not request the Army in many cases due to a lack of material, rather than a lack of personnel to put down the material. The authorities had enough personnel to grit the roads and did not need any extra help.

Deputy Jimmy Deenihan: There was no national framework co-ordinating local plans. The Minister claims that we were not ready for this. The Met Office can accurately forecast eight days ahead, and it even forecasted ten days beforehand that there would be a crisis. Nonethe- less, the Cabinet did not meet until 7 January. There was a crisis for ten or 12 days before that. We were snowed in on Christmas Day in Kerry, as were people in other parts of Ireland. It was well signalled, yet the Minister and his colleagues sat on their hands. 621 Irish Red 20 January 2010. Cross Society

[Deputy Jimmy Deenihan.]

The Minister spoke about local authorities not acting. They did not act because they were not directed.

Deputy Willie O’Dea: They had been directed.

Deputy Jimmy Deenihan: Will the Minister confirm that a national framework for a response to severe weather emergencies is being developed to ensure that all existing local severe weather plans are appropriately co-ordinated and linked? That is where the Minister’s role comes in. Can he provide me with that national framework?

Deputy Willie O’Dea: The Deputy can get it now. It is on the website.

Deputy Jimmy Deenihan: I did not see it on the website. I will look for it on the website, but if I do not find it, I will be back to the Minister for it.

An Ceann Comhairle: We need to move on to the next question.

Deputy Willie O’Dea: I would like to respond to that briefly. Every county and city manager in this country has been informed about the framework for emergency planning. Every county and city manager knows a mechanism is in place for establishing a local plan. They also know that one must respond to circumstances such as those described without being 3o’clock directed, as the Deputy suggests, without anyone declaring a national emergency and without an emergency committee meeting taking place in Dublin. The bot- tom line is that local authorities have responsibility for the accessibility of local roads. As regards any plan or documentation in the Department, I will make everything available to Deputy Deenihan. There is nothing secret about this matter. It is not like the third secret of Fatima.

Deputy Jimmy Deenihan: Why was there no one in the co-ordinating office for three weeks over the Christmas period?

Deputy Willie O’Dea: The primary requirement was to have a local response. As the situation evolved, however, a national response became appropriate.

Deputy Jimmy Deenihan: Surely people should be feeding in to the process from all directions.

Deputy Willie O’Dea: If roads in Limerick, Kerry or Waterford freeze up, it is not necessary in the first couple of days to have someone sitting in the national co-ordination office. It is a matter for the local authority in the first instance.

Deputy Jimmy Deenihan: After the major freeze, we have a major fudge.

An Ceann Comhairle: The issue has been given a good airing. We will move on.

Irish Red Cross Society. 72. Deputy Brian O’Shea asked the Minister for Defence if he has received the copy of the internal governance reform review of the Irish Red Cross Society; the action he proposes to take arising from the recommendations in this review; and if he will make a statement on the matter. [2294/10] 622 Irish Red 20 January 2010. Cross Society

73. Deputy Jimmy Deenihan asked the Minister for Defence the remedial steps he intends to take to deal with the urgent staffing and funding issues in the Irish Red Cross Society following the resignation of its chief executive; and if he will make a statement on the matter [2297/10]

Deputy Willie O’Dea: I propose to take Questions Nos. 72 and 73 together. The Irish Red Cross Society is an autonomous body established by the Irish Red Cross Society Order 1939 pursuant to the Red Cross Act 1938 and is an independent, self-governing charitable institution. By resolution passed by its council of delegates in November 2007, the International Federation of Red Cross and Red Crescent Societies, IFRC, urged all national societies, as requested by action 3 of the strategy for the movement, to examine and update their statutes, that is, the rules of the national societies, and related legal texts by 2010 in accordance with the “Guidance for National Society Statutes” and relevant international con- ference resolutions. This task is being undertaken by many Red Cross and Red Crescent societ- ies around the world. In February 2008 the executive committee of the Irish Red Cross Society decided to establish a temporary working group on governance. This group, in the course of its deliberations, also sought advice from the IFRC. The chairman of the temporary working group made a presen- tation of its findings at the most recent meeting of the central council of the Irish Red Cross Society held at the end of November 2009. The central council, which is the plenary body of the national society, agreed in principle to the changes proposed subject to interdepartmental and inter-agency consultations. The Department of Foreign Affairs which engages on an ongoing basis with the various components of the International Red Cross Movement and the Irish Red Cross Society in its overseas aid work will be invited to participate in these discussions. The International Feder- ation of Red Cross and Red Crescent Societies has been and is supportive of the review process which was undertaken by the Irish Red Cross Society. I am assured that the formal report of the working group will be delivered to my Department in the next few days. The report will be discussed with relevant Departments and agencies and then brought before Government to give effect to any changes in legislation deemed necessary. The Irish Red Cross Society is partly funded by a grant-in-aid from the Vote of the Depart- ment of Defence and I bring before Government such matters as are required by statute to be dealt with by Government. I have no responsibility for the day-to-day running of the organis- ation. However, as we are all aware, many organisations are currently faced with difficult financial constraints and it is incumbent on all of them to manage their affairs to minimise the effects of the recession. As is the case in many organisations, the society must take whatever steps it deems necessary to ensure its financial viability. The grant-in-aid to be provided by my Department for 2010 will be in the sum of €951,000 which is unchanged from the amount provided for in 2009. I am aware that the former Secretary General who was on secondment from the Department of Justice, Equality and Law Reform has now returned to that Department. I acknowledge with thanks his role in pursuing the issue of governance. The position of Secretary General is being filled in an acting capacity pending the recruitment of a full-time Secretary General.

Deputy Brian O’Shea: It is extraordinary that a report approved in principle by the central committee of the Irish Red Cross Society on 28 November 2009 has still not been submitted to the Department. There are urgent reasons for the changes that are necessary. In the event that the review does not address certain areas which the Minister, on the basis of advice and 623 Irish Red 20 January 2010. Cross Society

[Deputy Brian O’Shea.] his own analysis, considers to be necessary, will he add to the recommendations made in the report? Will legislation be required to implement the recommendations of the review? Will the Minister give an undertaking to address the matter expeditiously? Press coverage of the Irish Red Cross Society is not of the type we would like to see surrounding this important national organisation which has done much good nationally and internationally. We cannot afford to waste time. When the Minister receives the report he should deal with it expeditiously. I ask him to give an undertaking that he will do so. While Deputies will be aware of speculation concerning the contents of the report, we do not know precisely what is in it. If the Minister decides the report does not go far enough, will he be disposed to go further? It appears that governance issues in the Irish Red Cross Society must be addressed effectively and clearly to strengthen the image of the organisation against the background of the current flow of negative press coverage.

Deputy Willie O’Dea: I concur with the Deputy that the bad press is extremely regrettable. I am in a difficult position as Minister because, under the terms of the Geneva Convention, the Government is obliged by law to ensure the independence of the Red Cross. Although the Government provides the Irish Red Cross Society with a grant-in-aid of almost €1 million per annum and supplies a building owned by the Office of Public Works free of charge, I am, nevertheless, precluded from becoming involved in the internal day-to-day running of the organisation. Under the 1938 Act, this function is to be exercised by the central council and executive committee of the Irish Red Cross Society. Notwithstanding the adverse publicity which has surrounded the Irish Red Cross Society for some time, I did not initiate the board’s recommendations because I am not involved in the day-to-day running of the society. The recommendations were prompted by a suggestion made by the international body in 2007 that Red Cross organisations in different countries should examine their governance. While I do not know the reason the report has not been formally submitted to me, I am aware of 90% of its contents, having received an account of what it is in the document. In my opinion, legislation will be required to implement the terms of the report. That is not, however, a statement of fact. I assure Deputy O’Shea that the issue of legislation will not cause undue delay. A delay may arise from inter-agency consultation as checks are made to determine precisely what legislative changes are needed. I will do my best to expedite the process. I agree with the Deputy on that matter. On the Deputy’s question as to whether I will make further recommendations and add to the report, with the best will in the world, I am not legally entitled to do so. In light of the provisions of the relevant legislation and the requirement on the Government to maintain the independence of the Irish Red Cross Society under the Geneva Convention, it appears that it is a matter for those who have been elected to run the Red Cross to make the changes themselves. However, if I can do anything, within the law, to assist the Irish Red Cross Society in putting an end to recent bad publicity and establishing a better governance structure, I will be pleased to do so.

Deputy Jimmy Deenihan: The Minister has been rather passive in this matter. Given that the Department is providing almost €1 million to the Irish Red Cross Society, surely the Mini- ster has some responsibility to ensure the society is run properly. If the Minister is in a position to introduce legislation, he must surely have an input in the organisation. 624 Irish Red 20 January 2010. Cross Society

Does the Minister agree that it is extraordinary that both the chairman and chief executive of the Irish Red Cross Society have resigned? I understand this is not the first time a chief executive of the organisation has resigned. This indicates there must be something wrong in the governance of the organisation. The Minister stated that the report, about which he knows a great deal, was drafted in November but has not yet been published officially. Surely that smacks of irresponsibility in another way and a lack of accountability and transparency. There is a problem in the Red Cross in Ireland. Otherwise, a distinguished former Member of this House would not step down and a former executive of the Irish Government, who was highly respected and who we all know, would not have stepped down. The Minister says he can do nothing about this but I do not accept it when he provides almost €1 million of Government funding. At this stage, can the Minister authorise a senior ranking official in his Department to draw up a report for him? The proposed legislation will require some involvement by his Department. Can the Minister authorise that simple investigation into why this happened? Our reputation abroad has been somewhat tarnished by the debacle in the Red Cross. I know this from feedback I received. Recently the Red Cross collected money for flood relief. It has not yet been distributed. Does the Minister have an indication of how much was collected or is that not his responsi- bility? When will it be disbursed?

Deputy Willie O’Dea: Regarding the final question, it is not my responsibility. The Red Cross is statutorily independent but I will find out for Deputy Deenihan how much it collected and when it will be distributed. I wish to correct the record of the House. Deputy Deenihan quoted me as saying I can do absolutely nothing. Anyone who has been in the House for the past two or three minutes knows that is not what I said.

Deputy Jimmy Deenihan: That is what the Minister said at the beginning.

Deputy Willie O’Dea: I said I cannot get involved in the internal running of the Red Cross. It is not Irish law that prohibits me but a commitment——

Deputy Jimmy Deenihan: That is exactly what the Minister said and what I repeated.

Deputy Willie O’Dea: That does not mean I cannot do anything. That does not mean I cannot introduce legislation to allow necessary changes in governance. That is different to doing nothing.

Deputy Jimmy Deenihan: Can the Minister carry out his own investigation?

Deputy Willie O’Dea: My Department has a member on the executive council who regularly reports to the Department. I have a fair idea of the situation without commissioning separate investigations. The board appointed a committee to carry out an investigation and has made recommendations. My job is to make legislative changes to enable the board to make those changes. It is not rocket science. Surely Deputy Deenihan can understand this.

Deputy Jimmy Deenihan: Then the Minister has a role.

Deputy Willie O’Dea: As regards getting involved in investigations and making changes, under the Geneva Convention Ireland is committed to maintaining an independent Red Cross. An independent Red Cross means an autonomous organisation that runs its own show, whose executive council deals with governance matters and matters that have come out in the media in recent times. That is the law and that is what we signed up to as a nation. With the best will 625 Other 20 January 2010. Questions

[Deputy Willie O’Dea.] in the world, even if I provided €951 million rather than €951,000, I could do not do anything about that.

Deputy Jimmy Deenihan: Will Minister have a role in the proposed new legislation?

Deputy Willie O’Dea: Radical proposals have been made to change the governance struc- tures of the Red Cross, which are the subject of much controversy as referred to by Deputy O’Shea. My role is to examine the recommendations, see which ones require legislative change and provide and pass the appropriate legislation in the House.

Deputy Brian O’Shea: I agree with the Minister that the organisation should be independent. There is some question as to whether the Minister should appoint the chairman or the members. Can the Minister clarify that matter for me? There has been speculation in the press. Is there a recommendation that the Minister will no longer appoint the chair?

Deputy Jimmy Deenihan: I understand that the president appoints the chair, not the Mini- ster. Should that responsibility be removed from the President?

Deputy Willie O’Dea: I do not agree with any responsibility being taken from the President.

Deputy Brian O’Shea: To clarify, the Minister nominates and the President appoints.

Deputy Willie O’Dea: I do not want to get into specific recommendations. Much has been made of the chairman’s resignation. Some time ago, the chairman told me he wanted to wait until the report recommending reform of the Red Cross had gone through the system and that he would then offer up his position. That is precisely what happened. The Secretary General wanted to return to the Department of Justice, Equality and Law Reform. We are now in the process of recruiting a new Secretary General. There is no great mystery.

Other Questions.

————

Overseas Missions. 74. Deputy asked the Minister for Defence the number of Irish Troops currently serving on missions overseas; their location; when he plans to downsize the Defence Forces’ participation in Kosovo and Bosnia-Herzegovina; and if he will make a statement on the matter. [1914/10]

109. Deputy Bernard J. Durkan asked the Minister for Defence if he has satisfied himself that all overseas deployment of the Defence Forces under the aegis of the EU and UN is of sufficient strength to ensure its ability to deal with unforeseen events; and if he will make a statement on the matter. [2069/10]

261. Deputy Bernard J. Durkan asked the Minister for Defence the position regarding the various EU or UN overseas missions in which members of the Defence Forces are participating or intend to participate; and if he will make a statement on the matter. [2603/10]

Deputy Willie O’Dea: I propose to take Questions Nos. 74, 109 and 261 together. Ireland has offered, through the UN stand-by arrangements system, UNSAS, to provide up to 850 military personnel for overseas service at any one time. This figure equates to some 10% of Ireland’s standing Army excluding reserves and demonstrates Ireland’s commitment to 626 Other 20 January 2010. Questions the cause of international peace. This is the maximum sustainable commitment that Ireland can make to overseas peacekeeping operations. Ireland currently contributes 758 Defence Forces personnel to 11 different missions through- out the world. Full details of all personnel currently serving overseas are listed in the following tabular statement. The main overseas missions, in which Defence Forces personnel are cur- rently deployed, are the United Nations mission in the Central African Republic and Chad, MINURCAT, with 419 personnel, the NATO-led international security presence, KFOR, in Kosovo with 236 personnel and the EU-led operation, ALTHEA, in Bosnia-Herzegovina, with 44 personnel. Other personnel serve as monitors and observers with the United Nations and the Organisation for Security and Co-operation in Europe, OSCE. Staff are also deployed at the organisational headquarters of the EU, OSCE and NATO. As outlined in the budget in December 2009, it has been decided that the Defence Forces commitments to overseas peace support operations will be scaled back in 2010 as one of the budgetary expenditure reductions. The operations where Ireland will reduce its commitments will be KFOR in Kosovo and Operation ALTHEA in Bosnia-Herzegovina. In April 2010 at the next rotation, it is planned to draw down Irish personnel from KFOR from the current 236 personnel to approximately 50 and to retain a small residual component post-October 2010. In July 2010, at the end of the next rotation to Operation ALTHEA, Ireland will reduce its current contribution of 44 personnel to approximately five. Regarding MINURCAT, the Government is committed to retaining the Defence Forces presence in Chad beyond 14 March 2010, subject to renewal by the UN Security Council of MINURCAT’s mandate beyond that date. I will bring proposals to the Government in due course seeking formal approval for the Defence Forces continued participation in this mission beyond 14 March 2010. The strength of all overseas deployment is assessed in line with the prevailing security situation in the mission area. I am satisfied that the Defence Forces are self-sufficient in large troop deployment missions in terms of force protection and security and are integrated into the overall force protection and security plans of all other missions. The Defence Forces conduct a threat assessment on mission areas and all deployment meets the requirements of security and force protection for all personnel integrated into the overall mission requirement.

Members of the Permanent Defence Force Serving Overseas as of 1 January 2010

Number

1. UN Missions (i) UNIFIL (United Nations Interim Force in Lebanon) HQ 8 (ii) UNTSO (United Nations Truce Supervision Organisation) — Israel, Syria and 12 Lebanon (iii) MINURSO (United Nations Mission for the Referendum in Western Sahara) 3 (iv) MONUC (United Nations Mission in Democratic Republic of Congo) 3 (v) UNOCI (United Nations Mission in Ivory Coast) 2 (vi) MINURCAT (United Nations Mission in the Central African Republic and Chad) 13 — HQ MINURCAT (United Nations Mission in the Central African Republic and Chad) 406 — 101st Inf Battalion

TOTAL 447

627 Other 20 January 2010. Questions

[Deputy Willie O’Dea.] Number

UN Mandated Missions (vii) EUFOR (EU-led Operation in Bosnia and Herzegovina) 44 (viii) KFOR (International Security Presence in Kosovo) — HQ 20 KFOR (International Security Presence in Kosovo) 41st Inf Group 216 (ix) ISAF (International Security Assistance Force in Afghanistan) 7

TOTAL NUMBER OF PERSONNEL SERVING WITH UN MISSIONS 734

2. Organisation for Security and Co-operation in Europe (OSCE) (i) OSCE Mission to Bosnia & Herzegovina 2 (ii) OSCE Mission in Belgrade — Serbia 1 (iii) Staff Officer, Higher Level Planning Group, Vienna 1

TOTAL NUMBER OF PERSONNEL SERVING OSCE 4

3. EU Military Staff Brussels 7 4. Nordic Battlegroup HQ Staff — Sweden 4 5. Military Representatives/Advisers/Staff (i) Military Adviser, Permanent Mission to UN, New York 1 (ii) Military Adviser, Irish Delegation to OSCE, Vienna 1 (iii) Military Representative to EU (Brussels) 4 (iv) Liaison Office of Ireland, NATO/PfP (Brussels) 2 (v) Military Representative to NATO/PfP Co-ordination Cell/Supreme Headquarters 1 Allied Powers Europe (SHAPE), Mons. Belgium

TOTAL NUMBER OF DEFENCE FORCES PERSONNEL SERVING 758 OVERSEAS

Deputy Niall Collins: I thank the Minister for his reply. We are all proud of the work our Defence Forces do out foreign. It gives a positive image of this country despite the internal turmoil we are experiencing here. Perhaps the Minister can indicate the factors that he or his officials can take into consideration when considering involvement in a mission such as one in Haiti, if one were in the offing. Specifically, in terms of personnel and cost savings, what are the effects of Ireland’s intended reduction in the KFOR and ALTHEA missions? Do we intend to maintain any Irish troop presence in Kosovo or Bosnia-Herzegovina? Have the Minister and his officials examined the estimated cost of the withdrawal of Irish troops from the UN mission in Chad, as recommended in the McCarthy report? Do we have a figure for that? How much money has the UN given to Ireland in reimbursements since March 2009?

Deputy Willie O’Dea: The factors taken into account when considering participation in a mission include whether a peacekeeping operation is the most appropriate response, how the mission relates the priorities of Irish foreign policy, the degree of risk involved, the extent to which the required skills and characteristics relate to Irish capabilities, the existence of realistic objectives and a clear mandate, with the potential to contribute to a political solution, and whether the operation is adequately resourced, in the context of the level of existing commit- ments to peacekeeping operations and security requirements at home. I will respond to the other questions asked by Deputy Deenihan. The scaling down of the operations in Kosovo and Bosnia-Herzegovina will save €7 million in 2010 and €13 million in a full year. We will not adopt the McCarthy report’s recommendation that Irish troops should be withdrawn from 628 Other 20 January 2010. Questions

Chad. I understand that if we decided now to withdraw from Chad, the UN would be liable for the cost. It would not cost us anything. Our involvement in Chad costs us €16 million, in gross terms, per annum. Our rebate from the UN is over €8 million, which means that our net cost is almost €8 million per annum. The amount received from the UN in the period in question was approximately €3 million.

Deputy Jimmy Deenihan: I am sure the Minister will agree that overseas missions are the lifeblood of any defence force. If we want to develop the Defence Forces, they will have to get overseas experience. It has been proven that the Defence Forces will suffer if they do not get such experience. I would like to ask the Minister a few simple questions. How will the embargo on recruitment affect Ireland’s involvement in overseas missions? I understand there will be some recruitment in 2010. Perhaps the Minister might confirm what form it will take. While I accept that the Minister announced 40 promotions today, the general moratorium on pro- motions is having an effect on command structures. Personnel are not being appointed to the upper ranks where they are critically needed. We also have an issue with our medical corps. Many recommendations have been made with regard to the appointment and restructuring of the medical corps, but they do not seem to have been implemented. There are significant problems with medical backup services and medical evacuations, especially in places like Chad. It is a substantial challenge. Perhaps the Minister will answer the questions I have asked about the moratorium on recruitment and promotions.

Deputy Willie O’Dea: When these wind-downs have taken place, the number of personnel working overseas will fall from 758 to 480. There will continue to be a substantial number of people based overseas. I have been informed that if the proposal I have submitted to the Minister for Finance is accepted — even partially — we will continue to be in a position to send troops overseas. Our capacity to send troops overseas will not be affected. I accept that the Department now has to operate within a much tighter budget, due to the state of the public finances. I assure the Deputy that we will be recruiting in 2010, in order to maintain a figure of 10,000 personnel in the Army. I was also asked about the extent to which operational structures will be affected by the moratorium. It is obvious that the moratorium will have an impact on such structures, although it will be alleviated to some extent by the 50 promotions — broken down between 13 officers and 37 non-commissioned officers — for which we are providing.

Deputy Jimmy Deenihan: That is not right. The Minister announced 30 today.

Deputy Willie O’Dea: The 50 figure will be broken down in a 37:13 ratio. I take it the Deputy welcomes that.

Deputy Jimmy Deenihan: Of course. I welcome the other ten as well.

Deputy Willie O’Dea: The effects of the moratorium will be further alleviated by additional concessions which I am hoping to secure from the Minister for Finance. We will come to a separate question on the medical corps in due course. I emphasise that we take every pre- caution to secure the safety of Irish troops when they go abroad. We ensure that they have access to level 1 medical facilities, at least. They are tested before they go and after they come back. They are immunised against known diseases. They have their own water purification and sanitation facilities. We talk to others who will be involved in the collective mission to ensure that the health of all our troops who participate in foreign missions is properly secured. We are never slipshod about that.

629 Other 20 January 2010. Questions

Deputy Jimmy Deenihan: In response to an earlier question I asked, reference was made to the promotion of nine officers and 27 personnel from other ranks.

Deputy Willie O’Dea: Today.

Deputy Jimmy Deenihan: I presume that is very accurate.

Acting Chairman (Deputy Charlie O’Connor): I am glad we have——

Deputy Jimmy Deenihan: It is the Minister’s own information.

Acting Chairman: ——a happy Chamber.

Deputy Jimmy Deenihan: Absolutely. I saw the answer to my parliamentary question in one of today’s newspapers.

Acting Chairman: One should never ask a question to which one does not know the answer.

Deputy Jimmy Deenihan: It was not a very good introduction to Question Time — I will put it like that.

Deputy Willie O’Dea: I thought I would volunteer some information that is not in the news- paper to the Deputy. I refer to my announcement that the 50 promotions will be split in a 37:13 ratio.

Deputy Jimmy Deenihan: That is not exactly in accordance with the Minister’s previous remarks. The number of personnel in the Defence Forces is at its lowest level for 40 years. I think it is now below 10,000. The Minister might have the accurate figure. It might be 9,956. That is what it was——

Deputy Willie O’Dea: The figure is 35 or 36 below 10,000.

Deputy Jimmy Deenihan: That would be it. I know my facts fairly well. Is the Minister aware that people are lining up to leave this year? Is he sure that the number of people who will be allowed to be recruited will be equal to the sum of the number of people who have left already, thereby bringing the figure below 10,000, and the number of people who are getting ready to leave? Does he have any indication of the numbers who will be retiring from the Defence Forces over the next 12 months? Is that information available to the Minister? I get the impression that many people who are under pressure because of what is happening will shortly decide whether to stay or leave.

Deputy Willie O’Dea: I do not have the specific information sought by the Deputy. I am operating on the basis of the normal annual fall-out, which is between 530 and 540. It may have been slightly over 540 last year.

Deputy Jimmy Deenihan: Will the Defence Forces recruit that many people this year?

Deputy Willie O’Dea: Yes.

Deputy Jimmy Deenihan: It is good that 530 people will be recruited.

Deputy Willie O’Dea: The Deputy suggested that people are leaving as a consequence of financial pressures, etc.

Deputy Jimmy Deenihan: I did not use the word “financial”.

630 Other 20 January 2010. Questions

Deputy Willie O’Dea: People are leaving for various reasons.

Deputy Jimmy Deenihan: Yes.

Deputy Willie O’Dea: There are also a number of reasons that might compel people to stay. They might be tempted to stay because it is not easy to find a job at the moment. I have received the approval of the Government to maintain a complement of 10,000. We are in discussions with the Department of Finance about that decision at the moment. I intend to avail of it fully.

Deputy Brian O’Shea: It is obvious that fewer members of the Defence Forces will be on overseas duties in the medium term. I suggest that the additional troops who are to be kept on the home front should have a role in promoting physical activity and fitness and supporting the delivery of physical education in our schools, issues about which we spoke earlier. What is the political situation in Chad at the moment? Has there been any change in the milieu in which the troops are operating? I have previously raised with the Minister the reports of rape in camps in Chad. Does the Minister have any further information on that?

Deputy Willie O’Dea: I congratulate Deputy O’Shea on his ingenuity in seeking a further response to a question he raised earlier.

Acting Chairman (Deputy Charlie O’Connor): There was obviously help from the Chair.

Deputy Willie O’Dea: A helpful Chair is essential. I have already given the Deputy a con- cession in arranging for my officials to meet the people concerned and we will see if anything arises from that meeting.

Deputy Jimmy Deenihan: Could Deputy O’Shea and I also be invited to the meeting?

Deputy Willie O’Dea: They are more than welcome.

Deputy Brian O’Shea: That is very kind of the Minister.

Deputy Willie O’Dea: Two concessions in one Question Time is not bad.

Deputy Jimmy Deenihan: The Minister is thawing out.

Deputy Willie O’Dea: In regard to Chad, I have no information that the situation has changed in any material way. There is ongoing low level criminal activity in camps but it is at nothing like the level that obtained prior to the arrival of the United Nations. We must consider a number of factors in deciding overseas missions. We obviously must have regard to the financial situation and the need to work within tight constraints. If the mission is led by the UN, we are entitled to a rebate, and this will certainly be one of our considerations when deciding to sign up to future missions. The UN also sanctions certain missions organised by other powers, in which case the costs are paid where they fall.

Defence Forces Review. 75. Deputy Seán Barrett asked the Minister for Defence the estimated savings expected to be made through reduced outsourcing of primary care appointments within and through the medical corps of the Defence Forces; the savings made to date; the timeframe within which he expects to make the full savings; the changes that are expected to produce these savings; and if he will make a statement on the matter. [2079/10]

631 Other 20 January 2010. Questions

86. Deputy Paul Kehoe asked the Minister for Defence his views on the conclusion of the expert panel involved the preparation of the medical services review that the Permanent Defence Force’s emphasis on medical assessments is excessive and inconsistent with inter- national defence health practice; the proposals he will make to rectify this; the timetable that will be applied to its rectification; and if he will make a statement on the matter. [2099/10]

87. Deputy Dan Neville asked the Minister for Defence the amount of funding provided for the implementation of the medical services review; the timetable for delivery of the recom- mendations in the report; the elements of the medical services review that have been implemented; if he will accept all of the recommendations in the report; and if he will make a statement on the matter. [2110/10]

Deputy Willie O’Dea: I propose to takes Questions Nos. 75, 86 and 87 together. The PA report is an important milestone in addressing the challenges to the provision of medical services in the Defence Forces. Implementation will take time and commitment. On receipt of the report in June 2009, I accepted the recommendations and asked that implemen- tation of the recommendations proceed immediately. The report reviewed the medical services required for the Defence Forces in light of their roles and operations, assessed the current arrangements for the provision of medical services and proposed a model for future delivery of medical services. Some of the major recom- mendations are focused on making better use of existing clinical resources and thereby provid- ing a better medical service and reducing the spend on outsourcing. The savings in outsourcing are to be achieved mainly through the re-focussing of medical staff on appropriate clinical tasks with administration functions being undertaken by non-clinical personnel; a reduction in the number of doctor interventions and medical assessments; and better management of health services outsourcing. In order to achieve the saving in outsourcing, a major restructuring of the medical corps has to be completed. A number of working groups have been established to deal with the various aspects of this restructuring and several have already made recommendations which are being considered by the steering committee overseeing the project. As regards the frequency of medi- cal assessments, one of the working groups is currently looking at clinical issues and has made recommendations which are currently under consideration. I expect substantial progress to be made over the coming 12 months in implementing recommendations. Some issues will be resolved quickly while others will require significant consideration and will, for example, require negotiation with the representative associations. It is difficult at this stage of implementation to estimate the savings that can be achieved through reduced outsourcing as much of our requirement depends on a number of factors. However, I expect that savings on outsourcing could be made through the implementation of the PA recommendations. Implementation of the recommendations will result in major change at both strategic and operational levels in the Defence Forces. Thankfully in these difficult times, the report shows that major additional investment is not needed to meet the medical needs of the Defence Forces. Change will be achieved mainly through better use of the avail- able resources. Defence Forces personnel requiring medical treatment are getting the care they need. The services of civilian medical practitioners are used to provide backup to the medical corps in ensuring that the primary health care requirements arising in barracks are met. As the Defence Forces will never be able to meet all medical requirements from internal medical personnel, outsourcing will continue to be required. However, implementation of the PA recom-

632 Other 20 January 2010. Questions mendations will ensure that outsourcing will be reduced for primary care and that outsourced services will be procured and managed in a more cost-effective way.

Deputy Jimmy Deenihan: Can the Minister indicate whether any of the recommendations were implemented? Many of the major recommendations were intended for immediate imple- mentation. A newspaper article from last weekend reported that Defence Forces personnel had to travel to another pharmacy because a qualified chemist had not been appointed to the medical corps to dispense medication. It is not acceptable that the position of chemist is not filled. Was that report accurate? There is a malaise in the medical corps. Its establishment figure is 46 but the most recent figures given by the Minister reveal that its staffing level is only 23. The first question I put to the Minister after he was appointed to his position was on the medical corps because the Defence Forces need to be supported by an adequate medical service. He commissioned a report and gave his commitment that urgent action would be taken. Unfortunately, I believe he is sitting on the report and I ask for a timetable for its implementation.

Deputy Willie O’Dea: I will investigate the matter involving the chemist and revert to the Deputy on it. It has been widely accepted for years that the medical corps is in an unsatisfactory state for a number of reasons but we have lacked a roadmap for the solution. I decided to jump-start the process by appointing consultants and I have now received a report. I previously advised Deputy Deenihan that some of the recommendations are complex and will take time to implement because they involve radical change to the structure of the Army.

Deputy Jimmy Deenihan: I was referring to the immediate steps.

Deputy Willie O’Dea: Every six weeks, the Deputy asks me what progress is being made but all I can tell him is that the changes that are being introduced cannot be measured over six week intervals. I could speed up matters by refusing to consult representative organisations because I have the power to impose change by dictat.

Deputy Jimmy Deenihan: According to the organisations, they are being over consulted.

Deputy Willie O’Dea: Some of the Deputy’s colleagues previously claimed they were under consulted.

Deputy Jimmy Deenihan: Not in this instance.

Deputy Willie O’Dea: It is difficult to strike the correct balance. The same departmental officials who are overseeing the moratorium, a reduction of staff and decentralisation to New- bridge while preparing a value-for-money report into the Reserve Defence Force and a new White Paper are also responsible for implementing the PA report. Given the radical nature of the recommendations, we cannot expect instant action, but I expect substantial progress over the coming 12 months. In regard to Deputy Deenihan’s immediate question, one of the central recommendations of the PA report was on establishing a structure to oversee change. A programme group and a steering committee has been formed to address this recommendation. Since the last time we discussed this matter in the House, the programme group and the steering committee have held a number of meetings and five working groups have commenced work. The clinical review working group, which is designing new processes and protocols relating to the delivery of clinical services, has completed an interim report which is now being considered by the prog-

633 Other 20 January 2010. Questions

[Deputy Willie O’Dea.] ramme group. The organisation and establishment working group, which is tasked with design- ing a new structure for the medical corps to incorporate a non-clinical administration unit, has issued a progress report to the programme group. A future medical information system review working group has been established to analyse the information technology requirements for future medical service delivery. The group has completed an analysis of current information systems. In regard to financial arrangements, an outsourcing review working group has been estab- lished to examine the current arrangements in the medical corps for the outsourcing of services. Based on public procurement guidelines, the review group will make recommendations by which the new central medical unit will procure its future outsourcing and services require- ments. We are essentially seeking in all of this to obtain better use from existing medical staff so that we will not need as large an establishment in future. We will ensure better value for the people we are employing, which will mean less outsourcing. In tandem with that, we are reviewing the arrangements for outsourcing to ensure better value for money in that aspect.

Army Barracks. 76. Deputy Fergus O’Dowd asked the Minister for Defence if the closure of a major barracks in Dublin, as indicated in the report of the special group on public service numbers and expen- diture programmes, is under review by him; the name of the barracks; the expected timescale for closure; and if he will make a statement on the matter. [2126/10]

111. Deputy Kathleen Lynch asked the Minister for Defence if a decision has been taken regarding the future of Cathal Brugha Barracks, Dublin; and if he will make a statement on the matter. [1983/10]

Deputy Willie O’Dea: I propose to take Questions Nos. 76 and 111 together. The Defence Forces’ property portfolio is kept under review by my Department to ensure the most effective use of military resources having regard to the roles assigned by Government to the forces. The closure of Army barracks and the consolidation of Defence Forces forma- tions into a smaller number of locations is a key objective of the White Paper on Defence. The dispersal of personnel over an extended number of locations is a major impediment to essential collective training. It also imposes increased and unnecessary overheads on the Defence Forces in terms of barrack management, administration, maintenance and security. In the context of the 2009 budget, the Government approved the closure of four barracks at Monaghan, Longford, Rockhill and Lifford in County Donegal, as well as at St. Bricin’s Hospital in Dublin. The four barracks closed at the end of January 2009. The closure of St. Bricin’s is linked to the planned decentralisation of Defence Forces headquarters to the Curragh. The report of the special group on public service numbers and expenditure prog- rammes noted that my Department has identified 33 properties for disposal. The disposal of these will take account of market conditions in order to maximise the return to the Defence Forces and generate funding for reinvestment in Defence Forces equipment and infrastructure. The future of Cathal Brugha Barracks and the question of any further consolidation across the Defence Forces as a whole are among the issues being considered having regard to the report of the special group on public service numbers and expenditure programmes. Cathal Brugha Barracks is a significant military installation with a broad range of facilities, accom- modation and storage depots. The special group noted that: “Given the scale of any relocation, the provision of alternative accommodation would entail a significant up-front cost and a lead time of some years.” This will be factored into our consideration, particularly in the current

634 Other 20 January 2010. Questions financial situation. Consideration will also be given to the operational requirements of the Defence Forces. It is unlikely that Cathal Brugha Barracks will be disposed of in the next four to five years. The funding realised from the disposal of surplus property, together with pay savings, has provided resources for the modernisation of the Defence Forces and has been invested in new infrastructure, equipment and training area development. Properties that are considered sur- plus to military requirements will continue to be disposed of and the funding invested to meet the current and future equipment and infrastructure needs of the Defence Forces.

Defence Forces Deployment. 77. Deputy Jim O’Keeffe asked the Minister for Defence the extent of the deployment in various locations of the Defence Forces to assist in dealing with the extreme weather conditions since 1 December 2009; and if he will make a statement on the matter. [2033/10]

98. Deputy Brian O’Shea asked the Minister for Defence the role played by the Defence Forces in providing assistance to the civil authorities during the recent bad weather at Christmas and the new year period; if he is satisfied with the role played by the Defence Forces; the level of liaison between the Defence Forces and local authorities; and if he will make a statement on the matter. [1969/10]

119. Deputy Lucinda Creighton asked the Minister for Defence the support or aid provided by the Defence Forces to local or national authorities during the recent adverse weather con- ditions; and if he will make a statement on the matter. [2067/10]

264. Deputy Bernard J. Durkan asked the Minister for Defence the number of occasions on which the Defence Forces were called upon to assist in the recent flooding and snow crisis; the number of personnel deployed; and if he will make a statement on the matter. [2606/10]

270. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which the Defence Forces are relied upon in the context of an emergency such as a natural disaster or terrorist attack; the mechanism used to alert the Defence Forces to a need in a particular area; the degree to which this has been operational in the past 12 months; the number of requests made to his Department for such assistance; and if he will make a statement on the matter. [2070/10]

Deputy Willie O’Dea: I propose to take Questions Nos. 77, 98, 119, 264 and 270 together. The Defence Forces, which include the Army, Air Corps and Naval Service, in their role as aid to the civil power, that is, the Garda Síochána, and to the civil authorities, that is, local authorities, the Health Service Executive and so on, recently provided emergency assistance in an effort to alleviate the problems caused by the adverse weather conditions throughout the State. All assets, resources and capabilities of the Defence Forces were made available to provide assistance as required. Defence liaison officers were appointed to all local emergency relief centres to co-ordinate Defence Forces assistance. The Defence Forces provided assistance to a range of local authorities and to the Health Service Executive, utilising their 4x4 vehicles and trucks, while the Air Corps was also active in providing an air ambulance service and support for other emergency services. The major Defence Forces commitments included: transportation of health care personnel to and from hospital and clinics and to patients in outlying areas such as Galway, Drogheda, Cork, Tullamore, Naas, Donard, Enniscorthy, Tiglin, Wicklow, Tullow, Gorey, Harolds Cross Hos-

635 Other 20 January 2010. Questions

[Deputy Willie O’Dea.] pice, Blackrock Hospice and the Drogheda House Hospice in Kildare; transportation of patients to hospitals and clinics in Naas, Wicklow and Tullamore; distribution of meals on wheels in several areas such as Cobh, Gormanstown and Balbriggan; gritting of roads and junctions, at the request of the local authorities, in counties Kildare, Meath and Leitrim; gritting of the Health Service Executive ambulance centre in Cork; delivery of water supplies in several local authority areas such as Mullingar, Drogheda and Kilkenny; movement of machinery from Dublin Airport to Wicklow for use in dispersing animal feed; provision of eight 4x4 vehicles to transport members of the Garda Síochána in Cork; and utilisation of aircraft to render assist- ance to the Health Service Executive, RTE and members of the farming community . Defence Forces personnel and materials were also made available to local authorities as the thaw set in. The most notable deployment in this regard was in Skibbereen where 36 personnel and several vehicles were engaged in flood relief operations including the filling and placing of sandbags in strategic locations throughout the town. The Defence Forces responded to all official requests for assistance received from the civil authorities during the period of severe weather. This followed on from the substantial commitment provided by the Defence Forces to the civil authorities during the floods last November. During that period, the Defence Forces pro- vided assistance in Cork city, Shannon Banks in Limerick, Ennis, Ballinasloe, Athlone, Athy, Sallins, Bantry, Carlow, Clonakilty, Clonmel, Kilkenny and Longford. The Defence Forces, at the request of Roscommon County Council and Galway County Council, transported civilian personnel in flood-affected areas. The main effort was in Cork city where more than 200 Defence Forces personnel provided assistance to the local authority with engineer support at the Lee Fields pumping station, the distribution of drinking and sanitation water to approxi- mately 22 locations on the north side of the city and sandbagging duty. The Defence Forces also provided assistance to the Health Service Executive at the Mercy Hospital. The Naval Service provided engineer support in the form of engineer teams with water pumps. The LE Orla provided back-up assistance including communications and catering. Rigid inflatable boats, RIBs, were provided to support river searches. The Air Corps provided aerial reconnais- sance support to local authorities and air transport. The framework for major emergency management sets out a structure enabling the principal response agencies, namely, the Garda Síochána, Health Service Executive and local authorities, to prepare for and make a co-ordinated response to major emergencies resulting from events such as fires, transport accidents, hazardous substance incidents and severe weather. The major emergency plans that have been developed by local and regional authorities identify the pro- cedures for requesting assistance from the Defence Forces. The involvement of the Defence Forces in responding to emergencies arises from requests for assistance from the Garda Síoch- ána, that is, aid to the civil power, or from other agencies of the State, that is, aid to the civil authority. The role of the Defence Forces in these situations is dependent on the nature of the incident and the assistance requested. The Government task force on emergency planning supports co-ordination of emergency planning across Departments and key agencies. The task force meets on a regular basis and provides a forum for sharing information and keeping emergency planning high on the agenda of all Departments. At each meeting representatives of the Garda Síochána and the Defence Forces provide an update on the security threat analysis.

Deputy Jim O’Keeffe: The Defence Forces did an excellent job during the recent crises.

Deputy Jimmy Deenihan: They should have been called in sooner.

636 Other 20 January 2010. Questions

Deputy Jim O’Keeffe: My main objective in tabling this question was to have an opportunity to congratulate them on their efforts. I would like to see them being utilised to a greater degree in the future in the unfortunate likelihood of further extreme weather events and, as Deputy Deenihan suggested, they might be called into action sooner on future occasions. There is also a role for the reserve in providing supplementary support.

Deputy Niall Collins: I attended a public meeting in Newcastle West on Monday night where the issue of the response of public services and agencies during the recent severe weather was discussed. Several public representatives from the party that controls Limerick County Council were adamant that a request for assistance was submitted to Sarsfield Barracks in Limerick but that no assistance was forthcoming. By implication, the claim was that no assistance was forthcoming from the Minister. Will the Minister clarify whether a formal request was submit- ted by Limerick County Council to the officer commanding at Sarsfield Barracks for assistance during the recent cold spell? While some members of the council, with the backing of council management, insist there was a formal request for help, the information I have is different.

Deputy Brian O’Shea: Did the Minister indicate in a reply to a previous question that local authorities may not have been aware of the range of emergency services that the Defence Forces can supply, or alternatively that the local authorities were tardy in terms of requesting those emergency services where they were badly needed?

Deputy Willie O’Dea: I thank Deputy O’Keeffe for his remarks. I assure him I will pass on what he said to the Army. The answer to Deputy Collins’s question is most emphatically that there was no formal request from Limerick County Council for assistance from the Army to the CO at Slattery Barracks and if such a request had been made, help would have been forthcoming. In reply to Deputy O’Shea, I do not know why they were so tardy. Local authorities should know the structures that exist. In any case, I have now taken the initiative of writing to all city and county managers to inform them of the procedures.

Deputy Jimmy Deenihan: That is exactly what I asked.

Deputy Bernard J. Durkan: A Cheann Comhairle——

An Ceann Comhairle: Deputy Durkan should be brief as Question Time is over.

Deputy Willie O’Dea: Question Time is over, a Cheann Comhairle.

Deputy Bernard J. Durkan: I have tabled four or five questions.

Deputy Fergus O’Dowd: Deputy Durkan should not hold us up.

Deputy Bernard J. Durkan: I do not propose to delay the House.

An Ceann Comhairle: I am delighted to hear that.

Deputy Bernard J. Durkan: My question relates to what constitutes a national emergency, who is the activist who co-ordinates it, what is the impeller that drives it and what has to happen before the emergency is faced up to by those with particular responsibility. I think I know the answer to the question myself because I have tabled it several times in the House in the past ten years. Unfortunately, I am afraid of what the answer is, because if an answer was required, the Minister knows himself——

637 Industrial 20 January 2010. Action

An Ceann Comhairle: If the Deputy would resume his seat we will try to get an answer for him.

Deputy Bernard J. Durkan: I will, but I have not finished the question.

Deputy Noel Dempsey: This is only the preamble. The question has not been asked yet.

Deputy Bernard J. Durkan: The final part of the question is whether the Minister can give some indication to the House as to what will happen in the event of a recurrence of the kind of circumstances we have seen since November, through December and after Christmas in order to assure the public——

An Ceann Comhairle: The Deputy should please not elaborate.

Deputy Bernard J. Durkan: ——that its concerns and worries and the possible damage to property and loss of life are addressed in a meaningful way by those with statutory responsibility.

Deputy Willie O’Dea: In 2008 I submitted a document to Government, which is available to all Departments, which indicated a wide range of potential emergencies such as severe flooding, oil spillages and terrorist attacks. I outlined the lead Department in each case. As things stand, it is up to the lead Department to initiate a meeting of the emergency response committee. Perhaps that has to change. Lessons are always learned from every situation. The Department of the Environment, Heritage and Local Government, which is the lead Department in this case, is preparing a document on the lessons it has learned and what can be done better in future. I will also be asking the emergency response committee to examine the matter. We all learn from experience.

Deputy Jimmy Deenihan: Will the Minister send me a copy of the document?

Deputy Bernard J. Durkan: As the Minister is aware, I got the answer to that question at least five years ago. My conclusion then is that nothing would happen and that this is where we would arrive.

Written Answers follow Adjournment debate.

Private Notice Questions.

————

Industrial Action. An Ceann Comhairle: I will call on the Deputies who tabled questions to the Minister for Transport in the order in which they submitted their questions to my office.

Deputy Olivia Mitchell asked the Minister for Transport what steps he has taken to avert the threatened action by air traffic controllers planned for today, 20 January 2010.

Deputy Thomas P. Broughan asked the Minister for Transport the steps he is taking to facili- tate an urgent resolution of today’s proposed industrial action by more than 300 air traffic controllers at Dublin, Cork and Shannon airports given that it may cause the cancellation of more than 100 flights, severely disrupt thousands of air travellers and have a negative effect on the national and local economies; the way in which he is utilising all the industrial relations

638 Industrial 20 January 2010. Action machinery of the State to bring about an immediate end to the dispute; and if he will make a statement on the matter.

Deputy Fergus O’Dowd asked the Minister for Transport if he will introduce a statutory cooling off period before essential transport workers such as air traffic controllers can withdraw their labour and have a wildcat strike thus bringing chaos and disruption to tens of thousands of travellers and damaging the economy.

Minister for Transport (Deputy Noel Dempsey): I thank the Ceann Comhairle and the Deputies opposite for the opportunity to outline the background to the current industrial relations dispute at the Irish Aviation Authority, IAA, at Dublin, Cork and Shannon airports and to bring Deputies up to date with the air traffic control problems at the three State airports. I am very disappointed that air traffic controllers are disrupting the travel plans of thousands of air passengers from 2 p.m. to 6 p.m. this afternoon. The action arises in the context of an industrial relations dispute between the company and the air traffic controllers’ trade union, IMPACT. The immediate cause of the dispute is a withdrawal by IMPACT of co-operation with new technology since 1 January and the consequent suspension of a number of air traffic controllers. However, I am advised that the issues at the core of this dispute are the non-payment of increases under Towards 2016 and the issue of an employee contribution towards the IAA superannuation scheme. The dispute was referred to the Labour Relations Commission and a hearing on 14 January last failed to resolve the matter. A Labour Court hearing on the pay and technology issues was scheduled for 26 January and the IAA requested IMPACT to desist from industrial action and maintain normal co-operation with the introduction of new tech- nology pending the outcome of the hearing. The IAA has advised me that it is ready to co-operate fully with the industrial relations machinery of the State with a view to addressing these issues quickly and in full. To that end the authority would be willing to lift suspensions immediately if air traffic controllers return to the co-operation with the technology projects as applied up to 31 December last. I would urge both parties to avail of the services of the Labour Court and to make every possible effort to resolve this dispute as quickly as possible. The dispute must be considered in the context of the impact of the downturn in the aviation sector on the lAA’s customers, namely, the airlines. The IAA has pointed out that this country has witnessed the biggest decline in aviation traffic in Europe and the continuing downturn means that the IAA is under very strong pressure from airlines to minimise cost increases. The world’s commercial airlines are set to lose $5.6 billion this year, following an estimated loss of $11 billion dollars last year. European carriers, many of which are IAA customers, are on track to generate the largest losses of any region in 2010 of $2.5 billion. Of the lAA’s top ten customers, only one is currently making a profit. Deputies will be aware that Aer Lingus is currently implementing a major transformation plan with the agreement of staff. Similarly, the Dublin Airport Authority has negotiated a cost reduction package. Employees in both companies have also taken cuts in pay and allowances, improved roster flexibility, and additional productivity measures. That is the real aviation envir- onment in which the IAA must operate. Air traffic controllers are very highly paid, have suffered no pay cuts and are not subject to the public service pension levy, as the IAA is a commercial State body. The majority of air traffic controllers are former civil servants who transferred to the IAA on 1 January 1994. They make no contribution to their pension fund while the IAA pays 30.5% of gross pay towards

639 Industrial 20 January 2010. Action

[Deputy Noel Dempsey.] the fund, which in 2009 had an actuarial deficit of €234 million. The IAA introduced a new defined benefit scheme with employee contributions for all those recruited on or after 1 April 2008. My Department is closely monitoring developments in the air traffic controller dispute. I hope that both sides in this dispute can recognise the imperative of reaching agreement. I urge them to work constructively with the Labour Court with a view to resolving this matter.

Deputy Olivia Mitchell: I thank the Minister for his reply and I thank the Ceann Comhairle for giving us the opportunity to raise this issue. This morning the Taoiseach referred to the strike as an inconvenience to travellers. I do not think he was trying to belittle the effect, but it does not even begin to describe the enormity of the damage that this has 4o’clock already done to this country’s reputation, tourism and jobs. There is not a single job in this country that does not depend to some extent on the people and goods which come and go through our airports. Although I do not want to belittle it, it is an outrage that what is effectively a petty little dispute involving 15 people has been allowed to close down the entire country. It is unforgivable. At any time, we would be sending out the wrong message, but at a time when the country is on its knees economically and we are in the middle of a national economic crisis unlike anything we have faced before, it is unforgivable that this should happen. Only this morning, as the Minister noted, the tourism figures for last year were announced. We lost €1 billion in tourism revenue last year due to the loss of 1 million tourists. Only two days ago, the Dublin Airport Authority announced it was slashing its landing charges and in some cases abolishing them so desperate is it to try to stop the haemorrhage of routes out of Ireland, which is having a hugely damaging effect on the country in every sense but particularly on the tourism industry, where hotels are closing and jobs are being lost. It is almost as if we have a death wish to allow something like this to happen. I cannot describe to the Minister how outraged people are to have their jobs jeopardised in this way. What they want is the assurance that it cannot happen again, that a few people cannot bring the country to its knees in a way such as this and jeopardise jobs. I want the Minister’s assur- ance, particularly if this dispute is to continue, that at the least he is investigating the possibility of bringing in the Air Corps or, if necessary, bringing in expertise from abroad or from Northern Ireland, which I understand is available. This can be brought in at short notice to man the air traffic control towers if those who are very well paid for this will not do it for us.

Deputy Fergus O’Dowd: Does the Minister agree that this is an act of economic sabotage by a very highly paid group of workers? The average pay for these workers is over €160,000 per year, which is a lot of money. They do a very important job that is critical to our economy — we all know that — so it is imperative that they go back to work immediately and that they and the IAA get together with the Labour Relations Commission to sort out this issue. Nobody has any sympathy for them or what they are doing. They are destroying the good name of the country and they are affecting business people travelling today who would have had routes planned for many years. People are coming here to set up employment and do something about lifting our economy off the ground. Does the Minister agree it is time for him and the Government to take action on this issue? Two years ago, a strike was threatened by this group. The Minister at that time agreed with me that there ought to be a no-strike clause in the employment contract of essential transport workers like these. Is it not a fact that the Labour Relations Commission in 1994 identified workers in this area and other emergency workers who should never be able to have a wildcat

640 Industrial 20 January 2010. Action strike? It is unacceptable in a modern age that our economy can be held to ransom by these people. Will the Minister return to the commitment he made two years ago to introduce legis- lation to make sure this can never happen again? They are well paid, highly intelligent and capable people who do an excellent job. They are able to sit down with their union, IMPACT, and the Labour Relations Commission and the IAA to solve the issues but they should not hold the country to ransom. The Minister will be held accountable for failing to act on this. For two years he has intro- duced no legislation and there has been no change. His work programme for this Dáil session contains no legislation other than two small merchant shipping Bills. He is asleep at the wheel and letting the country collapse around him. He is not dealing with the issues he said he would deal with two years ago.

Deputy Thomas P. Broughan: Everyone agrees that this is an appalling situation for tens of thousands of travellers, including business people, holiday makers and people coming and going to see their relatives. Some are stranded this afternoon at foreign airports, which is a truly horrendous situation. The first question that will be asked is what exactly the Minister has done to try to prevent this happening. Although, generally, the public did not know about this until yesterday, a few hours before this disaster befell us and we lost 120 flights, the Minister and his Department have known since the beginning of this month that there was a dispute in regard to the new air management system which this country operates along with Denmark and Sweden, and the 10% or so of controllers who are routinely pulled out of daily operations to retrain into new systems — this was a significant new system. Is it true that the IAA informed the Minister early this month that this crisis was coming down the line and that no steps were taken to try to avert it and prevent this ongoing disaster? We have seen people in floods of tears at the airport, some from the other side of the world who are visiting our country, spending money here and supporting Irish jobs. Many have missed their connections, which is an appalling prospect for them. Did the Minister know about this? Was he informed by Mr. Brennan or Mr. Kavanagh, the director of human resources at the IAA, that this was taking place? Given there was a Labour Court process and that the LRC had dealt with this, why were there suspensions? The Minister said the substantive issues also include a possible pay change related to Towards 2016 and the huge €234 million hole in the pension fund. However, these issues were going to the Labour Court next week so why did these suspensions take place? Does the Minister agree that all suspensions should be ended and people should be asked to get into the industrial relations machinery to try to resolve this matter? My party leader mentioned an important point to the Minister this morning, namely, that before Christmas the Minister and the Government abandoned social partnership. We have the national implementation body. A Deputy referred to the problem we had in this regard two or three years ago when we discussed in the House what was only a threatened strike action at that time. This could go the national implementation body. Does a national implemen- tation body still exist? Has it got a role? Could it have prevented today’s events from happening and enabled our vital aviation industry to go forward? It is a desperate situation and, unfortunately, once again a major aspect of our transport infrastructure, one of the most important of all because we are an island people, has been allowed to stop. The Minister is the man on the bridge.

Deputy Noel Dempsey: I like the way Deputy Broughan presents matters. This is not just something that befell us. It is a deliberate action by a small group of well paid people.

641 Industrial 20 January 2010. Action

Deputy Thomas P. Broughan: I know that.

Deputy Noel Dempsey: That is what it is. Let us not dress it up in any other fashion. It is an unnecessary action.

Deputy Thomas P. Broughan: The Minister could have prevented it.

Deputy Noel Dempsey: As Deputy Mitchell said, in the current economic situation, it is one that is unforgivable. Let us cut out the nonsense about this. These air traffic controllers perform a vital function in this country. Their alleged reason for a dispute and walking off the job today is not acceptable. I repeat, it is not acceptable.

Deputy Simon Coveney: Hear, hear.

Deputy Noel Dempsey: In the current climate, when people have lost their jobs, as Deputy Broughan has so often pointed out, and have taken cuts in pay and everything else, this is not the way to resolve the difficulties they have. Deputy Broughan asked me why there were suspensions. There were suspensions because the people were going into work and refusing to do the work they were doing up to 31 December 2009. They were allowed to do that for the best part of three weeks while the IAA tried to resolve the difficulties and the IAA decided——

Deputy Thomas P. Broughan: What did the Minister do?

Deputy Noel Dempsey: The IAA decided——

Deputy Thomas P. Broughan: I know that. What did he do?

Deputy Noel Dempsey: The Deputy does not want to hear this. It did not sound as if he knew about it. He asked me why there were suspensions and I am telling him. It is because people who are well paid decided that they could go into work and not do what they were being asked to do, and challenge management because of another dispute they were having with regard to a 6% pay increase. That is why the suspensions took place. This is not a disaster which befell us but rather something these people decided they would do. The kind of operation they have been asked to undertake is work which they have been doing up to now. One of them, a scheme called the cross-runway operation, was done by them up to two years ago but they did not need to continue it because there was talk of putting in place a parallel runway. As that has been deferred they were asked to go back to the cross-runway operation but they have refused to do so. That is one of the disputes, and the others involve equally ridiculous reasons for going on strike. If people want to start pointing the finger, as the Deputy seems to, they should point it in the right direction.

Deputy Thomas P. Broughan: I am asking what the Minister is doing to get people back to work. What is he doing now?

Deputy Noel Dempsey: Having said that, it is important that both sides get into the Labour Court. The Irish Aviation Authority, IAA, has made it clear that it is willing to engage again. As I stated in my reply, the authority is willing to withdraw the suspensions and go to the Labour Court if it can be facilitated. I understand an early hearing could take place. The issue is very simple and straightforward. The IAA is willing to go to the Labour Court, which is the body that decides and tries to operate the industrial relations machinery of the State. The Government does not interfere in that as it is a matter between management and

642 Industrial 20 January 2010. Action unions. The issue will be resolved in the Labour Court rather than here or anywhere else. The sooner the parties get to the Labour Court, the better.

An Ceann Comhairle: There are three people offering.

Deputy Fergus O’Dowd: I put a question on the no-strike clause.

Deputy Olivia Mitchell: The question was not answered.

An Ceann Comhairle: We will come back to it. There are three other speakers offering.

Deputy Fergus O’Dowd: When this issue arose two years ago we debated it and the Minister agreed that there ought to be a statutory cooling-off period for essential transport or emergency workers like these people. What is the Minister’s position now and would he agree that legis- lation should be introduced to ensure this can never happen again? Workers who are so critical to our economy cannot strike in a wildcat manner such as this.

An Ceann Comhairle: There are other Deputies offering so I will come back to Deputy Mitchell.

Deputy Olivia Mitchell: I wanted an answer to the first question about an alternative way of manning the air traffic control towers either by the Air Corps or other expertise if this strike continues. Has the Minister considered the feasibility of that?

An Ceann Comhairle: There are a number of other questions.

Deputy Noel Dempsey: I will come back to the Deputy with an answer.

Deputy Deirdre Clune: Will the Minister address the issue of a no-strike clause, particularly for emergency workers and those providing an essential service to the economic well-being of the State? We are an island nation and totally dependent on air links to get off the island. I agree with the Minister in that this is a completely unnecessary action which should not be happening. The consequences of this action by a small number of well-paid workers, who the Minister has indicated are not subject to any pay cuts or pension levies that other public servants have been subject to, are great and they can hold the country to ransom. The con- sequences of the action far outstrips the impact on the air traffic controllers themselves. In his response the Minister indicated readiness to co-operate with the industrial relations machinery of the State with a view to addressing these issues quickly. The IAA has offered to lift the suspensions immediately and return to the position as it pertained on 31 December 2009. That is new information to me. Was that conveyed to the air traffic controllers before 2 p.m. today, when they went on strike, as I know they are talking about escalating their action? Although it is not an agreeable situation, if we could revert to the position as it pertained on 31 December 2009 it would at least get this country back working again.

Deputy Simon Coveney: I was not going to participate in the debate but like many other people I am incensed by what is happening in Irish airports today, whether it is my own airport in Cork, Dublin or elsewhere. We have enough obstacles as a country and an economy without 300 people deciding to shut down Ireland for four hours with respect to air traffic. In addition, they are inconveniencing all the other airlines which transit through Irish airspace on journeys that do not involve landing in Ireland. I wish to emphasise again the point made by Deputy O’Dowd. Will the Minister ensure that we will not see a repeat of this in future by introducing legislation that will require a no-strike

643 Industrial 20 January 2010. Action

[Deputy Simon Coveney.] element or clause in the contracts of air traffic controllers in future? The Minister could go even further and make it illegal for controllers to strike by putting them in the same category as the Garda, the fire services and the Army, which legally are not allowed to strike. There must of course be industrial relations machinery that can allow people to air their grievances and facilitate discussions on the introduction of new technology or pay agreements, for example. The capacity must exist to deal with complex or indeed simple problems. The Labour Relations Commission exists for that. I welcome the Minister’s unambiguous statement as to who is to blame. With an issue such as this the public has a right to expect that the Government will take charge of this issue and ensure it will not happen again. I regard air traffic control as absolutely essential to the running of an island economy and people should be able to come and go from this island without having this kind of farcical disruption, which is costing this country a fortune in finance and reputation. The Minister would get strong support from this party if he moved to ensure there is no repeat of this and at the same time took a responsible approach to ensuring that genuine industrial relations can be resolved. The recourse to strike action and holding a country to ransom to try to ratchet up pressure on the Irish Aviation Authority is a totally unacceptable tactic in a dispute between the two bodies at the moment.

Deputy Martin Ferris: There is no doubt that Reaganism is alive and well, judging by some of the commentary I have heard. I want to be constructive but what does the Minister intend to do to resolve this issue? Nothing can be resolved unless there is dialogue and people are prepared to sit down and talk their way through the process. People have been suspended despite other avenues being open. I suggest that the Minister meet with unions if possible and try to resolve the issue between both sides as quickly as possible. I welcome that the IAA is now prepared to withdraw the suspensions, as that may leave some room for manoeuvre. Is the Minister prepared to meet with union officials on the issue?

Deputy Thomas P. Broughan: I also welcome the IAA response. Nobody is disputing that the withdrawal of a service by a small group of critical workers is a disproportionate response, to put it mildly, to the issues involved, particularly in a case that most of the public were completely unaware of. On investigation, it seems quite clear there was an industrial relations process in train and the LRC was involved. There was to be a Labour Court hearing next week. When such a process exists, it is obviously incumbent on everybody — workers and manage- ment in such a critical role for our country — to ensure they get to the talking stage. My understanding is a number of people were suspended with pay over a number of weeks. I accept that we have just come from a committee meeting which held an intense debate on the near-collapse of the transport system during the recent freeze-up. In spite of that, there is no evidence that we have had a hands-on approach, as the last Deputy said, from the Minister to ensure the industrial relations machinery maintains service and connectivity, which is a key requirement for our economy. What did the Minister do and what is he doing to ensure that this situation will not prevail for another minute?

Deputy Noel Dempsey: A number of points have been raised. I apologise to the Deputies regarding the questions they asked about a no-strike clause. Deputy O’Dowd referred to an exchange we had two years ago, although we had one more recently than that in late April last year.

Deputy Fergus O’Dowd: We have them every day.

644 Industrial 20 January 2010. Action

Deputy Noel Dempsey: I have not changed my view on this issue. If anything, this action has strengthened my view. It is not a decision I can make on my own regarding specific areas. This option will have to be examined in a number of areas across a number of Departments. If this kind of disruption, and, as Deputy Broughan said, this disproportionate response to an indus- trial relations issue will be a feature of industrial relations in this country, every option will have to be examined. I and every Member of the House believes this is a disproportionate response. I will raise the matter in the first instance with my colleagues in Government. On the matter of meeting representatives of the union, if they will not go to the Labour Court and use that machinery of the State I would not have much faith that they would decide to meet me. In other circumstances I am sure Deputies on all sides of House, but particularly those on the side represented by Deputy Broughan, would be the first to object if I was to interfere in the day-to-day operation of any of these companies. Access to the considerable machinery of the State is available to resolve difficulties and on the union side and management side it has worked fairly successfully. That is the route that should be followed in this case. It is a matter for both sides to do that. The IAA has made an offer in inverted commas. That has been known since mid-day. It issued a statement at 12.15 p.m. today to the effect that it was prepared to do that. To my knowledge, there has not been any direct or indirect response by the union to that offer. As Deputy Broughan has acknowledged, and I thank him for doing so, we have been attending a committee meeting and I have not had an opportunity to be briefed since that meeting com- menced at 2 p.m. On the question of bringing in other air traffic controllers, there are 300 plus air traffic controllers and while some may be available this is not a route I would advocate pursuing. It would be entirely up to the IAA to decide if it wanted to go down this route but it is not one I would advocate at this stage. The best route to take would be to get both parties to go to the Labour Court and talk to each other. I agree with the other statements that were made and I have made a statement on this. On the matter of the damage to our reputation caused by this action, I received a number of telephone calls, one from a person who has spent considerable time, which I know to be true, convincing investors to come into this country to maintain businesses and to create new ones. He has been successful in many cases. That person had arranged for more investors to come to this country today but had to tell them that they could not travel here because of the strike.

Deputy Olivia Mitchell: We were closed for business.

Deputy Noel Dempsey: I am not saying that business is lost but this strike does not create the right impression of this country. There are times perhaps when strikes are necessary and when they are unavoidable, but given the current situation when we are trying to recover economically and show that we are fighting back, this kind of action is inexcusable.

Deputy Olivia Mitchell: I thank the Minister for responding. I understand he is reluctant to intervene at this stage and obviously the best way to proceed is through negotiation, but this weapon can never be used again and air traffic controllers have to know that they are important but replaceable.

Deputy Fergus O’Dowd: A key point is that the recommendation of the Labour Relations Commission that there should be a no-strike clause was made in the 1990s. Notwithstanding the Minister’s personal commitment, it is not good enough that the Government has sat idly

645 Operational Co-operation on 20 January 2010. EU Internal Security: Motion

[Deputy Fergus O’Dowd.] by and nothing has been done about this. We will hold the Minister to his commitment on this and will follow up on this with him by way of questions and on the Order of Business because it is essential that we deal with the matter once and for all. He will have the support of the Fine Gael Party in introducing such legislation.

Deputy Thomas P. Broughan: A complicating aspect of this, and a point to which the Minister has not responded, is that we have had 20 years plus of social partnership and we set up structures which should always be utilised. I am sure the Minister would agree that the manage- ment of IAA should also use those structures. We seem to be in a strange period now following the collapse of social partnership talks prior to Christmas. I would like to address that point. Additional mechanisms are in place to resolve disputes in such a critical area as this one. Workers voluntarily make contracts with employers. I do not share Fine Gael’s approach in this area but the stoppages in Dublin, Shannon and Cork Airports need not have happened.

Deputy Noel Dempsey: I acknowledge the comments that have been made by Deputies O’Dowd and Mitchell. I want to make it clear to Deputy Broughan that the Government has not withdrawn from social partnership.

Deputy Thomas P. Broughan: The Minister could have fooled me.

Deputy Noel Dempsey: The Government is still ready, willing and able to engage in social partnership and to talk about the very necessary transformation that needs to take place in the public sector generally. Changes and transformation are required to provide the kind of service for our citizens that is needed, the kind of service we saw many frontline workers deliver during the past three or four weeks. We are still very much part of social partnership. The Labour Court is still available to the parties, as are other mechanisms, and I again urge everybody involved to use them.

An Ceann Comhairle: That concludes the debate on this private notice question.

Notice taken that 20 Members were not present; House counted and 20 Members being present,

Operational Co-operation on EU Internal Security: Motion. An Ceann Comhairle: Speeches shall be confined to the Minister and to the main spokes- persons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order and who may share time, and shall not exceed ten minutes in each case.

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I move:

That Dáil Éireann approves the exercise by the State of the option or discretion, under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption of the following proposed measure:

a proposal for a Council Decision on setting up the standing committee on operational cooperation on internal security,

a copy of which was laid before Dáil Éireann on 14 December 2009.

The opening up of the EU internal market in the 1990s and other developments that have increased the permeability of internal borders posed a number of problems for the Union and

646 Operational Co-operation on 20 January 2010. EU Internal Security: Motion its member states, not least of which was the fact that organised criminal structures set about exploiting these developments. Subsequent events led to the realisation that terrorists could exploit the greater openness of the EU for their ends. The imperative, in these circumstances, to protect the citizens of the EU by creating an area of freedom, security and justice, with a high level of security for those citizens, required that law enforcement and judicial authorities should improve their co-operation. Since then there have been numerous initiatives to increase the level of effectiveness of co- operation, including the creation of Eurojust, with its function of improving co-operation in ensuring effective prosecutions, and the European arrest warrant. Side by side with these have been important developments in information sharing, especially between law enforcement authorities, as a means of increasing the effectiveness of actions against organised crime and terrorism. The member states of the EU face common challenges across the range of areas related to internal security and there is a need to adopt common strategies and co-ordinated EU action to allow us to meet those challenges more effectively. One such measure, which arises from the entry into force of the Lisbon treaty on 1 December 2009, is the setting up of a standing committee on operational co-operation on internal security. This committee is established by Article 71 of the Lisbon treaty. The purpose of the standing committee, which will be known by the French-language acronym COSI, is to ensure that operational co-operation on internal security is promoted and strengthened within the European Union. The committee will also facilitate the co-ordination of actions taken by the relevant authorities of the member states in this area. Deputies should be aware that the reference to “internal security” encompasses a range of issues related to public security and safety, covering actions against crime of all sorts, border management, customs co-operation and civil crisis management such as for natural or man-made disasters. Co-operation in the field of justice and home affairs has become an increasingly important feature of the EU landscape. The creation of an area of freedom, security and justice is a treaty objective of the Union and this has been the over-arching focus of activity in the JHA field, involving activities covering free movement, asylum and immigration policies, and management of Union’s external borders. Close co-operation has also been developed between the national police, judicial and customs authorities in the ongoing fight against crime. A wide range of initiatives have been undertaken and are ongoing at EU level across the spectrum of policy areas relevant to internal security. Across this range of areas, there is ongoing interaction at operational level between the relevant authorities and services in member states, which allows for increased and more effective cross-border action and also for the development and sharing of best practice. Many legal instruments in the field of police and judicial co-operation in criminal matters have been adopted at EU level, including measures to combat terrorism, trafficking in persons, child pornography, drug trafficking and money laundering. In addition, Europol and Eurojust have been established in order to support and improve co-operation between the member states in combating serious crimes such as corruption, drug trafficking and terrorism. The member states are also developing common approaches to the challenges of better managing migration flows into the Union. Minimum standards and procedures are being set out for asylum seekers. A European pact on immigration and asylum was adopted in 2008, setting out the principles behind a number of EU laws with the aim of organising legal immigration so that it takes account of the priorities and needs of each EU member state, and also to encourage the integration of immigrants.

647 Operational Co-operation on 20 January 2010. EU Internal Security: Motion

[Deputy Dermot Ahern.]

More effective control of the EU’s external borders is also a priority objective in order to tackle illegal immigration. The FRONTEX agency was set up in 2005 to enhance practical co- operation between the member states in developing better external border security. The creation of partnerships with the countries of origin and transit of illegal immigration is another important goal. The aim will be to seek to improve the poor living conditions which may act as a push factor in the countries from which people want to move away. The customs services of the EU play an essential role in the fight against international drug- trafficking and related crimes. The EU drugs strategy, in dealing with illicit drug-trafficking and supply-side enforcement measures, focuses on reducing money laundering, the diversion of precursor chemicals for the manufacture of illegal drugs, and effective co-operation between customs, police and prosecuting authorities in the fight against drug-trafficking. International co-operation between the various enforcement agencies charged with combat- ing drug-trafficking and related crime is absolutely essential given the cross-border nature of these activities. Ireland’s customs service plays a full part in protecting the European space in co-operation with its counterparts in other member states. The co-ordination of civil protection actions among member states in response to possible man-made or natural disasters is another important aspect of co-operation at EU level. A notable area of recent activity in this field has been the agreement of an action plan to enhance chemical, biological, radiological and nuclear security in the EU. The many actions included in the action plan are aimed at supporting the ongoing efforts of the member states in this field and providing an improved framework for co-ordinated action and co-operation between all those involved. The proposed Council decision sets out the tasks to be assigned to the new committee. Its primary purpose, in accordance with the treaty, is to facilitate, promote and strengthen co- ordination of operational actions of member states’ competent authorities in the field of internal security, principally police, customs and border protection. It will also cover, where appropriate, judicial co-operation in criminal matters relevant to this. The committee will not, however, be involved in conducting operations; these will remain within the remit of the member states. This is consistent with the mandate set down in Article 71 of the Lisbon treaty to promote and strengthen operational co-operation. Furthermore, COSI will not have a legislative role. In accordance with the Lisbon treaty arrangements, legislation will be considered by the various Council working parties and will go from them to the committee of permanent representatives to the EU and on to the Council for final adoption. It will be for each member state to decide on the appropriate representatives to attend meetings. This will depend to some extent on the subject matter coming before the committee for discussion. The committee will also have the function of evaluating the efficiency of operational co-operation, identifying possible shortcomings or failures and adopting recom- mendations to address them. This is a key aspect in ensuring that actions can be properly targeted and resources can be deployed to the best effect. In addition, COSI will help to ensure consistency of action by Eurojust, Europol and Frontex, representatives of which will be invited to attend meetings of COSI as observers. The commit- tee will submit reports at regular intervals to the Council on its activities. The Council will keep national parliaments and the European Parliament informed of the proceedings of the committee. Copies of the proposal were laid before the Houses of the Oireachtas on 14 December 2009. This Council decision is a measure pursuant to Title V of Part III of the Treaty of Lisbon and is, therefore, a measure to which Ireland may opt-in under Protocol No. 21. Protocol No. 21 to the Treaty of Lisbon provides that Ireland may opt to take part in the adoption and application

648 Operational Co-operation on 20 January 2010. EU Internal Security: Motion of measures which are proposed in regard to the area of freedom, security and justice. In order for Ireland to exercise that opt-in, the prior approval of the Oireachtas, in accordance with Article 29.4.7° of the Constitution, is required. With the approval of the Oireachtas, this will be the first measure under the Treaty of Lisbon to which Ireland will opt-in in accordance with Protocol No. 21. Members will appreciate that the EU has an important role to play in bringing together the actions of member states aimed at promoting and ensuring the internal security of the Euro- pean space. By the same token, Ireland has an important contribution to make to those efforts in co-operation with our fellow EU member states. Ireland’s participation in COSI will enable us to play a full role in developing the necessary co-ordinated action among the member states to contribute to a more secure future for all of the European Union’s citizens. I commend the motion to the House.

Deputy Charles Flanagan: On behalf of the Fine Gael party, I welcome the introduction of this motion and note that Fine Gael will support it. It is both interesting and heartening to be working on the implementation of certain aspects of the Lisbon treaty, having waited for so long for it to become part of our domestic law. In common with other Members, I campaigned vigorously for a “Yes” vote in both Lisbon referendums and was strongly of the view that signing up to Lisbon would be of great assistance to Ireland in many ways, including, as the Minister noted, dealing with the security challenges of the 21st century. While Ireland has chosen an opt-out, by virtue of Protocol No. 21, from the European Union justice and home affairs measures, it rightly has expressed its wish to opt-in to the maximum extent possible. In this regard, the establishment of COSI, which was provided for under Article 71 of the Lisbon treaty, is a basic measure and Ireland should play a full role in the committee’s deliberations and should designate a nominee or nominees with appropriate experience and expertise to participate in the committee’s work. COSI has a great deal to offer Ireland in assisting it to identify and meet the standards of international best practice regarding operational matters in the field of internal security. While it may be regrettable that the committee does not enjoy any mandatory or mandating powers, member states should recognise the value of accepting the committee’s periodic recom- mendations and implementing them as part of their domestic law in an efficient manner as they arise. I assume the committee’s regular reports to the Council will focus member states’ minds in respect of implementing recommendations, particularly as the Council will, in turn, keep the European Parliament and the national parliaments informed on the proceedings of the commit- tee. It is absolutely essential to have clear channels concerning the various arrangements or protocols to prevent many of these reports from ending up on rather circuitous routes with different committees from national parliaments to the European Parliament and back again. The primary role of COSI is to “facilitate, promote and strengthen co-ordination of oper- ational actions of the authorities of ... Member States competent in the field of internal secur- ity”. I am particularly pleased that, as the Minister noted, the committee will do more than examine criminal matters such as combating terrorism, drug trafficking, money laundering, people trafficking and immigration matters, although they will be its primary focus, as it will also have a role in civil protection in emergency situations. Ireland has had its fair share of civil emergency situations in recent months and ongoing water shortages indicate it still is in the grip of what could be described as an emergency situation. I understand that COSI is to have an important role to play in evaluating existing measures in member states, as they are set up or equipped, to deal with emergency situations and make appropriate recommendations.

649 Operational Co-operation on 20 January 2010. EU Internal Security: Motion

[Deputy Charles Flanagan.] An example might be a recommendation that would suggest or direct as to which agency should play the lead role, should an emergency situation arise. Ireland certainly could have done with such an input during the recent flooding and snow- falls, when something of a crisis developed, however short-lived. My constituency was badly affected by winter flooding and snow. I refer in particular to the west Offaly region, which was devastated when the River Shannon breached its banks yet again. Thousands of acres of farm- land were destroyed and remain under water to this day. In recent times, some parts of Offaly have been under water for most of the year due to summer flooding in the months from June to September, inclusive, followed by winter flooding, which as recent experience demonstrates, begins at the end of October and continues right up to March. The victims of this flooding feel completely isolated and abandoned to their fate. During the recent flooding in west Offaly, buildings became uninhabitable and businesses were destroyed. In places such as Banagher, Shannon Harbour and Shannonbridge, the ground floors of residential houses and businesses were under water for days on end and no agency stepped forward to take control of the situation. A total of 12 Departments and agencies have a direct interest in the Shannon and I have little doubt but that were COSI to examine the issue, it would discern a clear need for all such agencies to come together to agree a plan for the maintenance of the River Shannon. While the Office of Public Works should be the lead agency, this does not appear to be the case. Although the agencies may have different interests, the primary focus and interest that will inform a future strategy must be the protection of individuals, homes and farmland, as well as the capacity to react quickly and coherently. I am sure that our European partners and counterparts in COSI will be interested to note that a seminal report on maintaining the River Shannon, the Rydell report, has been gathering dust since 1956. Taking more than 50 years to take the appropriate initiative to deal with a serious situation surely holds the record among member states. This report remains unimplemented since the mid-1950s, since before either the Acting Chairman or I were born.

Acting Chairman (Deputy Charlie O’Connor): It is kind of the Deputy to say so.

Deputy Charles Flanagan: At that time in 1956, my late father was junior Minister with special responsibility in the Department of Agriculture and now, 55 years later, we still have failed to implement any of that important report’s recommendations. If assistance or advice from COSI can be sought, this should be done as a matter of priority. Unfortunately, as an island, Ireland will not benefit as much as will other countries in respect of COSI’s recommendations as they may pertain to the pooling of the resources of member states which border one another. However, I am sure there is great scope for increasing co- operation with the authorities in Northern Ireland, in respect of which security measures cer- tainly are high on Members’ agenda at present. I am sure this also is the case for our colleagues in COSI and for the agenda of its meetings. Experts have been warning in recent months that there has been a realignment of terrorists in Northern Ireland with a new group emerging from hardliners among the Continuity IRA and the Real IRA. Between 2007 and 2009 there were more than 750 bomb alerts in the North — an average of one each day. Although nobody has been killed by the RIRA and the CIRA since the vicious murders of two soldiers and policeman last March, terrorist actions are averaging one a day and, less than two weeks ago, a PSNI officer was critically injured when a bomb was placed under his car. I am sure all Members will join me in offering our sympathies to Constable Peadar Heffron, wishing him a speedy recovery and sending his family good wishes. The most recent report of the independent moni- toring commission suggested that the threat level is “very serious” and at its highest in six years.

650 Operational Co-operation on 20 January 2010. EU Internal Security: Motion

The Irish representative on COSI will have a valuable input to give in respect of how other countries might deal with terrorist incidents but, equally, as terrorism is a constantly evolving evil, we can learn from member states, for example, Spain and ETA. Another area where COSI can potentially play an important role relates to cross-border crime and illegal drugs. There have been four gangland gun murders already this year, which can all be traced back to the lucrative business of illegal drug trafficking. Will the Minister indicate the timeframe for the establishment of COSI, how often it will meet and when we can hope to hear feedback on how its work is progressing? This is a worthwhile initiative. I thank the Minister for proceeding with the matter and it will have the support of the Fine Gael Party.

Deputy Pat Rabbitte: This measure derives from our responsibilities following the recent finalisation of the Lisbon treaty. Speaking on behalf of a party that campaigned in favour of the treaty during the recent referendum, I support the Minister’s proposal in the motion to enable this standing committee to proceed in Europe, as required. Nobody in the context of the world we live in today doubts the necessity for co-operation on internal security as broadly defined and encompassed by the motion. Deputy Flanagan referred to our local difficulties relating to the continued activities of terrorist elements on this island and the appalling wounds inflicted on Constable Peadar Heffron. I join with the Deputy in extending our sincere hope that he makes a full recovery. It was an appalling crime, which again highlights the necessity for co-operation between civilised states in attempting to deal with this phenomenon. However, the committee will not only deal with terrorism; it will also deal with, for example, drug trafficking. The wave of crime that has swept over the country in recent years, which manifests itself in murders on every weekend of our existence nowadays has its origins in the drug trafficking business. The necessity for co-operation between the agencies on the supply side to contain the extent and scale of drug trafficking is as obvious as the nose on one’s face. That does not obviate the necessity for us to deal with harm reduction and reducing demand for drugs and it is a matter of concern that some local drugs task forces are being squeezed for funding because they have done immensely good work in reducing demand for drugs. However, this motion deals with the criminal law and supply issues and the necessity for co-operation between the security and policing forces of different member states. I agree that it is necessary. The same applies in respect of the trafficking of persons, money laundering and so on and, therefore, in principle, I am happy to support the motion. I do not envy the Minister’s exciting life dealing with these issues on the European mainland. It is turgid stuff but it is vital in terms of the safety and security of our people in this jurisdiction and in other member states. The Spanish Presidency has indicated in its schedule that it will give priority to the develop- ment of internal security and the promotion of the COSI initiative. That gives rise to the question of the Government’s proposals to prepare us for the imposition of additional duties deriving from the Lisbon treaty. Part of the merit of the treaty and part of the argument we made at the time was the increasing role for domestic parliaments and the European Parlia- ment. When one examines measures such as this in the justice and home affairs area, the question immediately arises about the capacity of our Parliament, as currently resourced, to deal properly and adequately with them. When I saw the belated note on this initially, I won- dered whether I should rethink my support for the Lisbon treaty because I found it impen- etrable and difficult to appreciate. There are many similar measures and the Minister adverted to the increase in importance of the justice and home affairs area and the number of complex instruments that require better scrutiny. It is presumed there will be better scrutiny as a result of the Lisbon treaty than we give it in this Parliament. I appreciate there is a resources problem and whether this means we should reorient our current resources to enable measures such as this to be properly scrutinised is a matter on which I would like the Minister to respond.

651 Operational Co-operation on 20 January 2010. EU Internal Security: Motion

[Deputy Pat Rabbitte.]

The motion is part of a pattern followed by him in this area. We are dealing with a matter in the middle of January that ought to have been put to bed in December. The first I heard of it was last Monday. Perhaps that is my fault but I did not know about it at all. I subsequently unearthed a note sent by the Department of Justice, Equality and Law Reform to the Govern- ment Chief Whip on 4 December asking him to put the motion on the agenda as a matter of urgency. It stated Ireland had held up the previous meeting of the relevant committee in Brussels. We could not proceed with the decision being promoted by Sweden because Ireland is still outstanding in terms of this Parliament taking the particular steps required in order for us to participate in COSI as envisaged. That was on 4 December and the requirement was for us to do it prior to Christmas. However, we did not do so and we are doing it now after the event with minimal scrutiny. It raises a question in a small Parliament such as this with a limited number of Members who focus on legislative matters as distinct from those who think their priority is to give more attention to daily constituency work. We need to examine our capacity to scrutinise measures such as this. I presume from what the Minister stated that the committee will not have power to enter into agreements and that it is a sharing of information committee rather than a decision-making committee. It will make reports to the Council. Where will this Parliament come into the network of finding out what the standing committee will do? Where will it knit 5o’clock into our system, whether through the Parliament proper or the Select Committee on Justice, Equality, Defence and Women’s Rights? How do we keep abreast of what is going on? May I presume that this has been run past the Data Protection Commissioner and that he is satisfied that it is compliant and meets the requirements that he would wish. I am happy to support the measure. I recognise the necessity for enhanced co-operation in the area of security as broadly defined and I am happy to give our assent to the motion.

Deputy Aengus Ó Snodaigh: Ba mhaith liom leithscéal a ghabháil toisc nach raibh mé anseo nuair a thosaigh an tAire ag labhairt. Mar gheall ar sin, b’fhéidir go bhfuil roinnt de na ceiste- anna atá le cur agam freagraithe aige cheana, ach measaim nach bhfuil. Any measure that promotes better co-operation and greater mutual recognition between members states of the European Union can be positive if the underlying tenet of it is the promotion not of either human or state security but both. The European Union project and the free movement of people and goods between member states have presented a host of challenges with regard to the security and integrity of external and internal borders. The only way we can effectively deal with the subject of security while maintaining such an open relation- ship with other nations in the EU is through the development of the concept of human security alongside multilateral co-operation and effective information sharing. Regrettably, much of what passes as security in the EU is an enhancement of the fortress Europe concept rather than seeing that no matter how high barriers are built unless the under- lying causes of poverty, exclusion, inequality and the denial of national and human rights are addressed, conflict will persist and insecurity will exist. The concentration on the type of secur- ity that we have to date increases insecurity in the long run and possibly in the short term. With the passing of the Lisbon treaty at the second attempt, this State signed up to the establishment of this committee. Under the terms of the treaty the committee was intended to ensure operational co-operation by facilitating co-ordination of the action of member states’ competent authorities. Issues relating to the working, philosophy and accountability of the committee have not been fully addressed and this motion should not be passed without a fuller debate on its remit and the drift towards more EU competency in the area of justice and home

652 Operational Co-operation on 20 January 2010. EU Internal Security: Motion affairs. I understand that we are behind on this but that is not an excuse to rush through such a major change in European oversight, co-operation and sharing of information. I wish to take this opportunity to express some of the concerns we have as a party and that others have shared with me about the adoption of the motion and the formation of the standing committee. What is the remit and function of the proposed standing committee? The Lisbon treaty stated that the committee would co-ordinate member states’ relevant authorities but it does not state whether this means it will be a purely technical operational brief or whether it will also have some type of legislative function. Therefore, this has the potential to lead to a conflict of interest, especially if the committee is accountable to itself or to the Council with regard to legislation governing its practical operational functions. With this in mind, it is important that we oppose any move to bestow on this committee a legislative function now or in the future. Its remit should be defined and limited to having a technical function to co-ordinate the efforts of the relevant authorities in the areas of preven- tion and combatting international crime and terrorism, and the co-ordination of intelligence exchange. I do not know whether the Minister can guarantee at this stage that this is its full remit and nothing more. All legislative functions should remain with national parliaments and, where it has competence, the EU Council should also deal with issues. Concerns have been expressed that the process of establishing the remit and operational outlook of the committee took place behind closed doors and there is a lack of direction on this in the Lisbon treaty because the pertinent articles do not specify it. Many believe that the vagueness of the wording in the treaty would allow the committee in time to develop into the equivalent of an EU home office or, in theory, ministry without proper democratic control or even a debate on its future decisions. Some even go so far as to express concern that this is a gradual move towards a full-scale home office with authority over member states’ police and security services and all that entails. This is the big brother conspiracy theory. It is not my theory and I do not agree with those who believe it but there can be some justification for conspiracy theorists because often they are not too far from the truth. One must consider the history of the agencies and governments involved in this field and the capabilities of the information systems we are discussing. They are Europol, Interpol and the Schengen security database, SIRENE. There is the potential that it could be abused or misused. All decisions relating to the establishment of the standing committee must therefore be agreed by national parliaments to ensure greater legitimacy and that it does not move towards that securocrat stream and the big brother theory. The possible lack of openness and transparency in key decision-making by EU institutions was one of the main concerns expressed by the people of this country on both occasions that ratification of the Lisbon treaty was being debated. We must be vigilant and oppose anything that would undermine the required move towards transparency and accountability in the workings of the European Union. We are also concerned that the overall policy of the European Union towards internal secur- ity is unsatisfactory. My party believes that at present an EU strategy on security is ill-defined. There is too much focus on military and policing measures as the main means of promoting security within the EU. This type of thinking ignores the reality that deprivation, poverty, inequality and injustice are the driving force behind many of the problems that the EU will be required to address. Many of these underlying problems have led to internal and external threats to the EU. Offences such as people trafficking, illegal immigration, theft and fraud often stem from poverty and the lack of opportunity, and a lack of resources in underdeveloped areas, as well as from a view that the EU is a land of plenty. We would like to see a comparable amount of the vast resources the EU intends to spend on military equipment, border security and other controls diverted to Third World development

653 Operational Co-operation on 20 January 2010. EU Internal Security: Motion

[Deputy Aengus Ó Snodaigh.] projects, improving the standard of living for those in countries that were previously raped and pillaged by their former colonial masters. Many of these former colonial powers are now EU member states, and I believe that the EU will suffer the consequences of the evils of its imperi- alist member states. The comprehensive strategy to combat the root causes of crime and anti-EU terrorism must be an important part of any strategy to promote security within the EU. One of our concerns is with the over-reliance on military and policing solutions, which could further alienate the very people who have been marginalised and make the EU a greater target for those extremists who wish to perpetrate acts of violence against it. The rise of international terrorism in the past decade has been seen largely to be fuelled by inequality and injustice in world politics. Unresolved issues such as the illegal war in Iraq, the plight of the Palestinians, the occupation of Afghanistan and the failure of developed nations to deal with the problems of poverty in the Third World have become emotive. They are justifications for some groups and individuals to engage in those activities. Focusing on military and policing solutions to cope with the potential terrorist threat, without also putting appropriate funds and efforts into dealing with the underlying problems, could further alienate those people. This could have the effect of making European countries a greater target. If the same amount of effort, time and resources were spent on combating the causes of crime, we would be in a much better and safer place. I call for a debate in this House and across the EU on the concept of human security as it has evolved and as it has been promoted by the likes of Kofi Annan and many others in the UN. In conjunction with human security, state security can develop and we would be in a much safer place than we are at the moment.

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I thank the Deputies for the broad cross-party support for this motion. Deputy Ó Snodaigh spoke about external border security. Having been Minister for Foreign Affairs and now Minister for Justice, Equality and Law Reform, I am acutely aware of the desire of our member state colleagues, particularly driven by Ireland, of the need to address some of the difficulties with inward illegal immigration into the broader EU. I am also aware of the desire to try to stop some of the root causes involved for people from Africa and elsewhere to migrate into Europe. An amazing effort has been made over the years by EU member states to address some of the difficulties. The Deputy quoted Kofi Annan and he was correct in what he said. However, people like Kofi Annan are not naive enough to think that we were not only able to deal with the ills of some of the difficult situations in Africa and elsewhere without police and military co-oper- ation. People like Kofi Annan made suggestions about the requirement whereby the EU should contribute to battle groups in order to encourage co-operation between member states. At any given time, troops from several member states could go into areas of conflict in order to bring some security and balance back to those communities. That has worked well. The Stockholm programme was adopted by the European Council last December and it sets out an agenda for building progress in the justice and home affairs area over the next five years. One of the aspects of the Stockholm programme was to develop internal security strategy within the EU. The definition of internal security is not restricted to law enforcement, but also relates to how we can co-operate to address some of the natural and man-made disasters. Ireland is very conscious of this at EU level. The internal security refers to those disasters within the confines of the EU.

654 Adjournment 20 January 2010. Debate Matters

The mains tasks of COSI are to ensure operational co-operation and co-ordination, to evalu- ate the general direction and efficiency of the co-operation and to identify possible short- comings and failures, and to recommend measures to address them. It has no operational or legislative role. Deputy Flanagan referred to the need to streamline working procedures within the justice and home affairs area. There is a commitment to re-organise the working groups under the Lisbon treaty, and this motion is part of that. Deputy Rabbitte welcomed the motion. He suggested that there is a need for greater co- ordination at EU level, and this is an effort to do that. The Deputy asked why the motion was brought forward now, rather than before the Christmas recess. I understand this is due to the work of the committee and to the busy schedule of the House before Christmas. Given that the first meeting of COSI is not until 12 February, it was felt it could be left over until after Christmas. The motion specifically provides that the European Council will keep national parliaments informed of the proceedings at committee level. It will be up to the Oireachtas committee here to inquire from time to time as to what is on the committee’s agenda. This is a fulfilment of one of the commitments of the Lisbon treaty. It was often said during debates that the treaty was difficult to understand, but Article 71 is quite easy to understand. It is clear that it is a standing committee to ensure that the operation and co-operation of internal security is pro- moted within the EU. This motion is a fulfilment of that. It must get parliamentary scrutiny before it can finally be adopted and before the committee can meet. I thank the Members for their co-operation and understanding in passing this motion.

Question put and agreed to.

Adjournment Debate Matters. Acting Chairman: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Ulick Burke — the works that will take place in south Galway in order to prevent a recurrence of flooding; (2) Deputy Seán Sherlock — the need to provide additional funding for the maintenance of county and non-national roads in County Cork; (3) Deputy Martin Ferris — the ongoing difficulties at Kerry General Hospital; (4) Deputy Joe Costello — the need for the Minister for the Environment, Heritage and Local Government to ensure that a national strategy be prepared to deal with the increasing crisis in the supply of drinking water; (5) Deputy James Bannon — the need for the Minister for Environment, Heritage and Local Government to update this House on when he will be implementing and funding the river basin management plan for the Shannon River basin district, on which he signed off in October (2009); (6) Deputy Noel J. Coonan — the provision of mental health services in north Tipperary; (7) Deputy Deirdre Clune — the need to regulate the sale of certain products in head shops; (8) Deputy Fergus O’Dowd — to ask the Minister for Enterprise, Trade and Employment if she will investigate the allegation that a FÁS manager tried to force a member of staff to approve dodgy exam results, thus breaking exam verification rules and bringing the FÁS examination system into disrepute as recently reported in the Irish Independent; (9) Deputy Chris Andrews — the labelling of products imported from Gaza; (10) Deputy Michael P. Kitt — the funding of the school library service; (11) Deputies Simon Coveney, Pádraic McCormack — the need to campaign to have a stopover here on the 2009-2010 Volvo Ocean Race; (12) Deputy Kieran O’Donnell — the need to implement the recommendations of the mid-west jobs task force report and to disburse funds under the European globalisation fund. The matters raised by Deputies O’Donnell, Clune, Coveney, McCormack and Michael P. Kitthave been selected for discussion.

655 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

Planning and Development (Amendment) Bill 2009 [Seanad]: Second Stage (Resumed).

Question again proposed: “That the Bill be now read a Second Time.” Deputy Ciarán Cuffe: In December last, at the time of the flooding, I was interrupted mid- stream, as it were. Since then, much water — and snow, ice, grit and meltwater besides — has flowed under the bridge. The vagaries of the weather and climate notwithstanding, a common theme to emerge is that proper planning is crucial to allow us to withstand the extremes of weather and climate. We have much to do to ensure people buy into the idea of proper planning and our planning authorities provide good models for development in their respective areas. Over the past 30 years, through the boom years and beyond, the options in housing have been limited essentially to three, namely, a semi-detached house, an apartment or flat in the centre of a town or one-off house. The quality of design was poor, the quality of energy control was diabolical and little or nothing was done to improve building standards or the planning framework. As I was saying before being interrupted by the Christmas recess, not only must we improve the quality of the county and city development plans, local area plans, regional planning guide- lines and the national spatial strategy, we must join them together in a much more coherent and organised way. A local area plan should not be in conflict with the national spatial strategy or regional planning guidelines. While it may sound abstract to speak in these terms, we have had sufficient evidence in the past five or ten years of significant developments being built without rhyme or reason, other than padding developers’ pockets. A substantial amount of the property which will fall into the hands of the National Asset Management Agency is indicative of the problem of bad planning or laissez-faire planning where county managers allowed people to build whatever and wherever they wanted. In response to this problem, the Minister, in this Bill, seeks to push the boat out by increasing standards in planning and, specifically, the zoning aspects of county and city development plans. One of the positive features of the Bill is the requirement it imposes on city and county councils, irrespective of what stage their development plans have reached, to revisit the plan within a year to ensure it conforms to the core strategy. The core strategy is tight in that it poses the question as to what precisely is needed in the development plan in terms of housing, employment and social facilities. I expect planning to be much sharper and more focused as a result. Weather woes and their impact on communities over the past couple of months drew greater attention to the need to be much more careful about what we plan and where we plan it. Before Christmas, I had a chat with one of my colleagues from the Fianna Fáil Party, Deputy Rory O’Hanlon, about a small town which I will not name. Residents were faced with the prospect of a major international food retailer seeking to build a large supermarket outside the town, rather than in its centre. The map I am holding shows a splodge of greenery with the town at its centre. The red marking, the site of the proposed development, is not in the town centre but outside it. The fear and concern of retailers in the town is that the old town centre will suffer once this large box development opens up beside the bypass on the edge of the town. The problem I highlight, which is evident in almost every town, boils down to the decisions taken by city, town and county councillors during the development plan process. If one rezones every green field outside a town, one should not be surprised when big box retailers propose to build beside the motorway rather than in the town centre. The downside of this development is that businesses which have been the lifeblood of a town for generations will close down as a result of the car dominated planning policies which allow economies of scale to kill off town centres. We saw this process in England during the Thatcher era when an absence of planning resulted in people becoming much more car dependent. We have seen a similar trend in France

656 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed) in the past 30 years and we are seeing it again in Ireland much more recently. If ever there was an argument for being careful about what one zones and rezones, it is the example of small towns being killed off by a lack of planning and the failure to think through the consequences of councillors’ actions in rezoning excessive amounts of land. Within one year of the Bill becoming law, planning authorities must revisit their development plans and ensure they conform to the core strategy they must produce. This is a good develop- ment. One must look no further than my county, Dún Laoghaire-Rathdown, to see how a development plan is being formulated. I have significant problems with the actions of council- lors who are increasing the amount of land they wish to rezone and raising the cap on the size of some shopping centres proposed or partially developed in the county. We have a choice between allowing more shops to be built on green field sites or ensuring the existing towns of Stillorgan, Dundrum and Dún Laoghaire are revitalised. If we continue to build big box developments on the outskirts of our towns and the edges of the M50 and south eastern motor- way, the old towns of Dún Laoghaire, Dundrum, Stillorgan and Cherrywood will suffer. I say to my colleagues across the Chamber in the Fine Gael Party and Labour Party as well as Independents that we must consider what type of a county we want to see in Dún Laoghaire- Rathdown in the coming years. Perhaps Deputy Olivia Mitchell will have a good discussion with her colleagues on the county council about the type of planning they wish to see in the county. We face a stark choice between urban sprawl or consolidation. For my part, as a member of the Green Party, I believe we need consolidation on the periphery and outskirts of Dublin as we will otherwise become even more car dependent. This argument is not only theoretical but practical. It is also strong in terms of its social aspects because further urban sprawl will result in people without access to a car becoming remote from shops, pubs and, therefore, the lifeblood of their communities. I attended a workshop this morning held under the auspices of the Dublin Transportation Office, which has been renamed the Dublin Transport Authority and subsequently subsumed into the National Transport Authority. As a result, we will have a new transport authority in Dublin. This embryonic organisation made a presentation in the Davenport Hotel, which noted that the transport demand of those living in the periphery of the greater Dublin area will be seven times greater than that of those who live near the centre of the city. This has been stunningly obvious to me for many years. One uses seven times as much energy for transport requirements if one lives in the rural hinterland compared to the city centre. This should concentrate the mind. We are not saying that people must live in Dublin city centre or Dún Laoghaire but in planning policy terms we should produce much better developments in town and city centres. We need to move away from the choices identified earlier of the small apart- ment, the semi-detached house or the one-off house. We must improve the build quality of those developments, improve the quality of design and give people more options. All Deputies in this Chamber have travelled abroad and we have seen the gracious living in the centre of Amsterdam or Copenhagen and the good recent development one sees in parts of southern and northern Europe. We should look towards those models of development not in a prescriptive way, but in making it easier and giving people more choices. For far too long, people have been very restricted in their choices of where to live, shop, work or relax. Much of this was due to the overly strong influence of developers on the options available to people. The State should push the boat out to offer more options. This Bill does that and I am support- ive of it. I am dwelling particularly on the core strategy and the need to re-examine the zonings that were too flaithiúlach during the Celtic tiger years. The recession has concentrated our minds on the kind of Ireland we want to have. Suburban sprawl is not the way forward. High-quality,

657 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

[Deputy Ciarán Cuffe.] mixed-use development will make for better communities, which is what I want to support. Many other aspects of this Bill are worthy of support. I was heartened by the discussion with Deputy O’Hanlon, who starkly illustrated the choices in counties around Ireland. If we rezone every last patch of land, we should not be surprised if the big box supermarkets move to the periphery and kill off town centres. Choices must be made in my area, Dún Laoghaire, to ensure the county town of Dún Laoghaire is revitalised. This Bill will give us the toolkit to make the changes that will make Ireland more sustainable in the best interests of our communities.

Deputy Olivia Mitchell: I welcome the opportunity to speak on this Bill. I assure Deputy Cuffe that my colleagues in Dún Laoghaire-Rathdown County Council and South Dublin County Council do not need lectures on sustainable development. They recognise, as do many, that if further development is required in our lifetime it must be in support of existing com- munities, putting in the infrastructure they need. Development in the future must be done in a concentrated way so that we limit the development footprint as much as possible.

Deputy Ciarán Cuffe: I am heartened by the remarks of Deputy Mitchell.

Deputy Olivia Mitchell: Notwithstanding the need for belated reform, I was shocked by the content of the legislation because of its command and control nature in what is proposed as a new planning and development framework. I do not deny for a minute the need for a new framework, the need to learn from mistakes of the past, to prevent the recurrence of the abuses of the past, to equip the planning authorities to deal with very different problems and to equip the planning authorities to face the challenges of the future. I do not pretend that finding a new planning framework is easy — it is not easy to find one that will meet with universal approval. Our history, our near obsessive devotion to land and property and our inbuilt expec- tation of capital appreciation in property, passed down from generation to generation, combine to create resistance to change and generate strong and varying views on what constitutes good planning. As a member of the local authority, I used to think I had seen it all but it was not until I came to this House and met rural Deputies that I realised the difference between what is considered good planning in Dublin and what is considered good planning in rural Ireland. What Dublin considers utterly reprehensible is considered good planning in the country and vice versa. Within council areas there are often differing views on what constitutes good plan- ning. Some believe the emphasis should be on jobs, social gain and community gain while others believe the environment is all-important. The battle is over which should take priority. Is good planning more important than the other considerations or is helping jobs, people and communities more important? The truth is that any settlement policy will involve compromises. If we had no people we could have a sustainable environment because there would be very little degradation of the environment. However, we do have people so the objective must be to find the least unsustainable policy. Whatever the difficulties, the solution is not to have ministerial micromanagement of every local area plan and development plan. This is what the legislation effectively suggests. This goes against the concept of subsidiarity and everything the Government says it aspires to for local government. It goes against the concept of devolution and self-government and, most of all, it is contrary to everything the Green Party has said about local government even though this Bill is published by a Green Party Minister. The Green Party has always promoted the reverse of these measures. The Green Party wanted local government at the micro level and at local authority meetings I have often heard them refer to local government at street level, the concept of the self-sufficient commune. Such

658 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed) control from the Minister is a million miles from that concept. Where does the new departure, of centralising the most basic local decisions at Government level in the hands of the Minister of the day, come from? I do not understand how this could come from a Green Party Minister who has always articulated different ideas. What arrogance would make a Minister think he can know enough about every single local authority, the local conditions and circumstances in order to dictate a better future for every hamlet throughout the country? Perhaps the current Minister knows enough and I would not criticise him. Even if he does know enough to do a good job for everyone, could the same be said for every Minister with responsibility for the environment we have ever had? Would the current Minister want those past Ministers to have had absolute power as he suggests for himself? Is he confident it is a good idea to give the power to Ministers in the future? I agree with the Minister that we must have a settlement hierarchy and that national plans and regional plans must be broadly consistent with the local development plans and local area plans. It is a great leap from that point to saying that it can only be achieved by having county managers make local draft development plans, which can only be amended by the Minister of the day. It makes a complete nonsense of local government and devalues local knowledge and aspirations as well as the input that only local people can have. It is impossible to know local conditions and to understand the dynamics of the local area or a town, no matter how wonder- ful the Minister. It is a complex social, historical and cultural issue. The best governed countries in the world have the best and strongest local government. The Minister refers to consultation at pre-drafting stage. The Acting Chairman was a member of a local authority and he knows what the public thinks of local consultation. Regardless of how well-meaning the concept of local consultation is, as far as the public is concerned it is a farce, in effect, in terms of bringing about change in the concept or principle of what is being proposed. People feel that it might change the detail, but will not change the principle. Rightly or wrongly, the public regards the whole public consultation process — what used to be Part 10 but is now Part 8 — as a means for bureaucrats to tell the public what they plan to do anyway. The existence of a process of public consultation will not help to bring about much change. God knows the local authorities have made mistakes in their planning. I confess I made such errors in the past. Many of those mistakes were largely due to the complete absence of a national spatial vision. The Minister was right in what he said in that regard. The national spatial strategy was eventually produced quite late in the Celtic tiger cycle, unfortunately. It was really a joke of a plan. Everyone knew it was hugely political. It had something for everybody in the audience. There was not a hamlet in the county that was not going to be developed. As the plan was based on a scattergun approach, it produced scattergun development. Such development escalated after the publication of the national spatial strategy. The then Minister agreed a plan that encouraged the kind of development that we are now saying must never be allowed to happen again, as it has caused so many problems. The amazing thing is that the Green Party criticised the national spatial strategy when it was published, but it is now proposing a new framework that is based on coherence between the national spatial strategy, which is hugely flawed, and all other plans. That does not make sense to me. If the Minister is to pursue this framework, I plead with him to revisit the national spatial strategy. Having produced a hugely flawed strategy, the Government went on to ignore it completely. The only good aspect of it was the provision for certain urban areas to be designated as gateways or hubs of development that would support the local network of towns, villages and the rural countryside. It was planned to locate the main supporting infrastructure — the large hospitals, libraries, water works, buildings, development and transport facilities —

659 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

[Deputy Olivia Mitchell.] in the gateways, but that never happened. The investment made during the Celtic tiger years was not focused on the gateways — it was based on a scattergun approach. The gateways did not get priority investment. There was never any hope that the hubs which were originally envisaged to give communities the support they required would be developed. The reality is that it will not now happen in this generation. I wish to speak about the regional planning guidelines that were given to local authorities in poor old Dublin. Deputy Cuffe spoke about the guidelines in Dún Laoghaire-Rathdown County Council. I was a member of that authority when the Dublin local authorities were asked to build houses to meet the population targets that had been set for them. The authorities were promised that if they did so, suitable infrastructural investment in schools, buses, sports facilities, hospitals, libraries and other necessary facilities would follow from the Government in support of new communities. Communities throughout Dublin are suffering because that never materialised. Young people have to travel ten or 15 miles from their communities to go to school in the city centre. Secondary schools are a precious commodity in my constituency. Primary schools were promised, but some children are lucky to have prefabs. In some cases, they do not even have prefabs. Little kids are travelling out of the community to get places in primary schools. The facilities that were promised are not coming. The development levies that might have been gathered are not materialising. Many of the levies pertaining to existing developments will not be paid and there will be no new developments for some years to come. Many communities have been completely abandoned. Consistency is a two-way process. If we want local authority plans to be consistent with national plans, the Government must follow through on its national plans by investing the necessary funds, which should be funnelled to where they were promised. There will be no incentive for local authority plans to be consistent with a national spatial strategy if the latter strategy is not being implemented. The Government’s failure to meet its obligations made local authorities try to do what they could on their own. I have spoken to many councillors through- out the country who saw it as their obligation to try to save their local areas because nobody else was doing it. When every authority works on its own, there is no consistency and no coherence. That is what gave us bad planning. It was Government policy to allow the construc- tion of hotels in God-forsaken places. They never had any chance of being sustainable. When one drives around the country, it is tragic to see housing estates that were built on the edges of old villages. In some cases, the estate is capable of housing three times the original popu- lation of the village. There was never any reason for the local population to grow in a manner that would produce sufficient demand for such houses. It is a tragedy and a classic example of how not to develop rural areas. If there is no coherence between the various plans, there is no incentive for local authorities to follow the national plan. Many councillors have started to see national plans as having no reality beyond the day they are announced with great fanfare in Dublin. To put it quite simply, population and jobs will follow the infrastructure. If there is no infrastructure, who can blame rudderless local authorities for doing what they see as the best thing for their local areas? I agree with the section of the Bill that calls for consistency with transport plans. No development should take place anywhere in the country unless there is a clear transport plan for that area. Climate change has made that critical. The transport plans that have been presented never came to pass, however. Transport 21, which has been largely abandoned, did not have more than patchy coherence across the country. According to the national spatial strategy, by con- trast, almost every town in the country was to be developed. I do not disagree with what the Minister wants to achieve, but I disagree with any effort to try to achieve it by diktat.

660 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

The major flaw in his approach is that we do not know whether the required consistency between ministerial plans and ministerial actions will exist. The Government ignored the national spatial strategy it produced. If this Bill is to mean anything, the spatial strategy will have to be revised and implemented. One of my big problems with this legislation is that its whole tone is contrary to the objective of strengthening local government and transparency. I do not think any Minister, regardless of who he or she is, should dictate what happens at local level. When a national plan has been put in place, one should expect local authorities to comply with it. Indeed, sanctions can be put in place to ensure that happens. I would like to mention a couple of other issues. I do not want to be completely negative because I support certain aspects of this Bill, such as those allowing for the extension of plan- ning permission and for greater clarity about the taking in charge of estates. I am not happy about the idea of allowing local authorities to impose levies so that schools are provided. When newly married couples buy their first house, they should not have to pay for schools to be constructed. That is what this provision involves, in effect. I am aware of hapless people in my local area who bought apartments and are now in negative equity with no local facilities. They overpaid for their properties because developers felt they would have to pay development levies. Those levies were not paid, in many cases. Some of them were paid, but many of them will never be paid. The developers in question are with NAMA now, or will be shortly. I do not believe these levies should be extended to schools. If there is one thing kids are entitled to, it is a school and I think the State should provide it. In any event, levies are a discredited currency at local level. They played a part in the uncontrolled building frenzy and were ulti- mately paid by the hapless house buyers. I would like to raise some other aspects of the Bill in the few minutes remaining to me. I have written to the Minister about Part V housing being built in areas that are separate to the developments for which planning permission is being sought. There is no transparency in that regard. The Minister acknowledged my letter and assured me he would respond to the issues in advance of the publication of this Bill but as I have heard nothing further, I ask him to respond. The lack of transparency is contrary to the notion that people should be involved in the planning process and be aware of what was happening in their areas. People purchased houses in what they assumed were private developments only to discover subsequently that they were surrounded by public housing. I support completely the Part V provisions and it is perfectly acceptable that the proportion of housing constructed in my area under that Part was 20% but when the proportion increases to 40% or 60% the intention of the provisions are unacceptably undermined. Anybody living in an urban area would be aware of the increasing problem of oversize trees in urban gardens. Where people live in close proximity, some sort of control is needed over trees. They can cause more damage than walls or buildings because they keep growing. If I may be excused the pun, this is an old chestnut. I ask the Minister to follow the example of most other countries by introducing some form of regulation. One must take account of loss of sunlight as well as the potential damage to adjoining buildings. In the context of the property collapse, it is urgent that some way be found to complete estates and other developments which were intended to be operated by management compan- ies. In some cases, lifts and staircase were operated by management companies while open areas were to be taken in charge by local authorities. Other developments were to be managed entirely by management companies but many have not yet been completed by developers. It was previously assumed that a bond would cover completion of such developments but it has since emerged that local authorities are not entitled to seek bonds to guarantee completion. The fall-out is that nobody is responsible for completing developments or finishing paths and

661 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

[Deputy Olivia Mitchell.] landscaping. The law as it stands appears to place the new owners of these developments in breach of planning permission. I am not sure whether NAMA will assume the obligations of the planning permission when it takes over some of these developments.

Acting Chairman (Deputy Michael Kennedy): The next speaker is Deputy Chris Andrews, who I understand is sharing time with Deputy Kelly.

Deputy Chris Andrews: If Deputy Kelly arrives in the Chamber, I will share time with him. I am delighted to have the opportunity to speak on the Planning and Development (Amendment) Bill 2009, which is intended to update the provisions of earlier Planning Acts. It will support economic renewal and promote sustainable development by ensuring that the planning system complements and supports infrastructural development around the country. I agree with Deputy Mitchell’s contention that trees cause significant problems throughout the city. Dublin City Council had to dig up a number of cherry trees because of the damage they caused to footpaths along the quays. Given the height of some of these trees, they would be refused planning permission if they were buildings. In urban settings, it is important that the size of trees are appropriate to the areas in which they grow. Some people think they are living in Glenveagh National Park when they plant their trees. Deputy Cuffe raised an interesting issue on rezoning of land outside town centres for super- markets. This may be not as noticeable in Dublin and other cities but it certainly has an impact. Dublin City Council has battled with Dun Laoghaire-Rathdown County Council over the con- struction of Dundrum Shopping Centre, which has had a significant impact on the city centre as a retail destination. Dundrum clearly has its attractions but it has also sucked people from other shopping centres and the city centre. This suited Dun Laoghaire-Rathdown County Council because it brought vastly increased revenues which could be used to keep councillors and managers happy by making it easier to fund various schemes. The Joint Committee on Enterprise, Trade and Employment received a number of submissions from city and town traders whose businesses are being suffocated by large shopping centres on the outskirts of urban areas. Town centres cannot compete with the attraction of free and easy parking at these centres. Small traders, many of whom have operated business in town centres for generations, have been badly affected. This has been permitted by councillors in every local authority and we must also examine our own role as public representatives. The Bill before us will go some way towards dealing with the rezoning decisions made in the past several years by introducing a more robust and strategic planning system. Over the past decade, Ireland experienced an unprecedented property boom which drove demand to such an extent that planning permission was granted in completely unsuitable areas. In Milltown in my constituency, permission was sought for a development in an area which anybody could tell is subject to flooding. I hope the local authority does not allow that to proceed. Over the past several months, we have seen pictures of inappropriate developments in rural areas. Dublin’s big advantage is that it does not have an extensive area of open land for development. Dublin City Council has to build upwards or off-load people to the outskirts of the city. We have all heard about the housing developments built on lands that 6o’clock were prone to flooding or without sufficient access to essential amenities. This legislation will protect against that type of disjointed and fractured planning in the future and will ensure Ireland moves towards a more co-ordinated and holistic planning process in which the macro consequences of planning decisions are carefully considered and which supports and informs the targets outlined in the Government’s national spatial strategy. For example, the Bill provides that the relevant city or county manager must demonstrate how

662 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed) local development plans comply with the national spatial strategy and must ensure that topics such as growth scenarios, transport plans and rural development are taken into consideration. Correct planning decisions are pivotal to Ireland’s future development and will feed into other policy areas such as transport, environment and community development. This is sup- ported in the Government’s action plan Smarter Travel — A Sustainable Transport Future, which outlines the pivotal role spatial and transport planning will play in tackling urban sprawl and, by default, the challenge we face in regard to carbon emissions. Under the Bill, local development plans must contain mandatory objectives for the promotion of sustainable settle- ment and transportation strategies in urban and rural areas and outline the measures that will lead to reduced emissions. Section 23 is a timely and sensible measure in the context of the financial difficulties being experienced by many people. As I understand it, the current situation is that planning per- mission is only extended in cases where substantial works have been carried out prior to the expiration of that permission. However, this provision means that planning permission may be extended in circumstances where substantial works have not been carried out. This will be allowed to happen if there are commercial, economic or technical considerations. For example, in the current climate many people seeking to develop or extend property are under financial constraints which may be beyond their control. This provision will help applicants to plan ahead and to have some certainty within the planning process. It will afford those applicants who cannot immediately proceed with a project as planned the opportunity to proceed when their personal circumstances improve or certain technical difficulties are ironed out without having to go through the entire planning process again. It is crucial that the planning process complements the national spatial strategy. I welcome sections 24 and 25 which have regard to the need to develop infrastructure in the designated gateway towns outlined in the strategy. The development of these locations in coming years and their projected population growth means there must be continued progress in providing them with the infrastructure necessary to support vibrant and sustainable communities. To facilitate this concept, the Bill grants local authorities much greater flexibility to use develop- ment levies, where needed, on a broader range of infrastructure such as school sites, broadband provision and flood relief works. The wider distribution of development levies is particularly welcome. Rather than introducing additional levies the Bill provides local authorities with greater flexibility and control over the distribution of existing levies. The Bill provides that amendments to development plans will now require, rather than a simple majority, the support of two thirds of the total membership of a planning authority. This is a welcome and sensible move which will require support from a significant bloc for any given proposal. Moreover, it will reduce the scope for the lobbying of particular individuals or groups. The measures in the Bill are progressive and well thought out. They will result in a fairer, more constructive and more considered planning process. I commend the Bill to the House.

Deputy Peter Kelly: I am pleased to welcome my friend and colleague, the Minister of State, Deputy Finneran, to the House for this debate. He is doing an excellent job in his portfolio. Planning law is currently based on the Planning and Development Act 2000 which consoli- dated and modernised the planning system. This was followed by the launch by the Department of the Environment, Heritage and Local Government of the national spatial strategy in 2002. Regional authorities have been responsible for regional planning guidelines since 2004, and development plans and local plans are made by planning authorities.

663 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

[Deputy Peter Kelly.]

The original purpose of the Planning and Development Act 2000 was, as stated in its Title, to “provide, in the interests of the common good, for proper planning and sustainable develop- ment.” However, in the past ten years we have witnessed a litany of poor planning decisions and chronic over-zoning. The Bill before us today will once and for all put an end to the bad planning that has seen a deterioration in the quality of life of those living in housing estates without facilities, schools or proper public transport. There is no doubt that planning has been at times inconsistent with national, regional and local planning guidelines. This Bill will put an end to that by ensuring there is greater coherence between national, regional and local guidelines. The Planning and Development (Amendment) Bill 2009 is part of the Government’s commit- ment to the development of a smart economy. The legislation introduces several key changes to the planning code with the principal aim of ensuring proper planning at local level, support- ing economic renewal and promoting sustainable development into the future. It will ensure greater consistency between a local authority’s development plan, the national spatial strategy, regional planning guidelines and ministerial directives. The legislation provides that any changes to a county development plan must include an indicator as to how the plan is consistent with the regional planning guidelines and the national spatial strategy. This strengthening of the status of regional planning guidelines and the role of regional authorities in the preparation of development plans is welcome. Their input on key issues will be hugely important and will ensure a cohesive relationship between local planning and regional planning guidelines. I take this opportunity as a former member of the Midland Regional Authority to pay tribute to the former chief executive officer, Mr. Jim Stone, his staff and all the members of the authority for their work. This legislation will ensure that future development takes place at the right time, in the right place and at the right pace to allow for the necessary infrastructure to be built. Most important, the Bill will greatly strengthen local democracy and accountability and provide greater trans- parency for the public in the planning process. An important provision in this regard is that two thirds of councillors, rather than a simple majority, must approve the county development plan. It also ensures that the powers bestowed on councillors are exercised in a responsible way in accordance with good planning practice. To ensure greater transparency, amendments to a draft development or local area plan which have been the subject of public consultation can only be changed now in minor respects. Pre- viously, land zoning was often introduced in the latter stages of a development plan. However, this new rule will ensure councillors are forbidden from making any last minute changes. In addition, following the public consultation process, any further changes will be subject to the two thirds majority rule. I welcome the increased role of the Minister who will have greater legal responsibility under the new procedures. One of the most welcome aspects of the Bill is that which provides for greater powers to deal with so-called rogue developers. That will enable local authorities to refuse planning permission to applicants who have been convicted of serious breaches of plan- ning legislation or who have been involved in an unauthorised development. In the news yesterday, it was reported that an estimated 300,000 houses are empty and approximately 200 ghost estates are scattered around the country. I very much hope that those developers who have littered our country with ghost estates and caused heartache for hundreds of home owners will be prevented from acquiring planning permission in the future. We must not only ensure an end to ghost estates but we must ensure that we never again have what

664 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

Frank McDonald in The Irish Times has referred to as “tenements for the 21st century” in Dublin city centre. The legislation must take those kinds of developers into account. I referred to developers who are guilty of abandoning home owners in ghost estates with no possibility of being able to sell their homes. On the other hand, there are also many honourable developers who would like to complete the developments they have started or who have been granted planning permission. Unfortunately, at the moment the main obstacle in their way is a lack of credit. As a result, I very much welcome the extension of planning permission for a further five years as outlined in the Bill. That provision has been well received, given the current slump in the property market. The takeover of billions in property loans by NAMA is imminent. I hope that will result in a greater supply of credit for those developers. The exten- sion of planning permission will further aid the situation. I do not agree with one aspect of the Bill, namely, section 28 which empowers An Bord Pleanála to reduce the quorum for its meetings from three to two members. That is being done to increase the efficiency of the business of the board in terms of handling a backlog of appeals. I suggest that this reduction to two members could slow down the process and result in greater indecision. With the number of appeals down dramatically due to the recession, there is no need to reduce the quorum. I wish to see the Bill progressed.

Deputy John Deasy: I warn the person who is due to speak after me that I will not use my 20 minutes. I will not speak on regional guidelines, spatial strategies or local development plans. I will focus on one issue, namely, one-off planning and the service that is provided to the public when it comes to local authorities and the planning process. I have read what the Minister said in his Second Stage speech. I accept that the Bill is an attempt to formalise and delineate the roles and relationships that exist between county and city managers, planners, councillors and, most importantly, the public. The Bill refers to improving the quality of individual planning decisions and introducing greater coherence in the planning process. It mandates that a proposed or draft direction would be issued regarding local area plans in the first instance to seek local views before any final direction is issued. Interestingly enough, it also refers to the efficient use of taxpayers’ money. Some might say the Bill micromanages planning matters throughout the country from the Minister’s office. However, it is a genuine attempt to clear up certain ambiguities in the plan- ning process and to clarify the roles and responsibilities of everyone involved, be it the council- lor, official or member of the public. The reality is that to date the interpretation of planning Acts and how they were implemented on a daily basis has almost always been the realm of officials and management in local authorities. As a former member of a local authority I always felt there was an unequal relationship between councillors and the arguments they made on planning matters and the policies that were and continue to be forced through by the manager and his or her officials. In other words, they would pretend to listen to the member but then they did what they wanted. An issue arose in Waterford recently that reminded me of just that, namely, what some see as the blatant insistence of officials in getting their own way in planning matters, to the detriment in some cases of the public, over and above the genuine concerns of elected officials in the local authority. I would not speak on this matter were it not for the fact that a councillor, namely, Liam Brazil, has been systematically prevented from raising an issue of public importance relating to planning on several occasions in the council chamber to which he was elected. That has been going on since the end of 2009. The issue that has arisen relates to site visits and the pre- planning process in Waterford, and the attempt by Waterford County Council management to

665 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

[Deputy John Deasy.] limit site visits. Some have described it as an insignificant issue, but I disagree with that. The measure would, first, adversely affect the public by limiting direct access to planners. Second, it would make the entire process potentially far more expensive for the public. Third, it would duplicate the administrative role of officials in the local authority. Fourth, it encapsulates an attitude prevalent with some officials in management that they know best no matter what. My comments and criticisms are directed at the management of Waterford County Council. On occasion I have tangled with Waterford County Council and members of Fianna Fáil have used it as a stick to beat me with and suggested that I was making a direct attack on the employees of Waterford County Council. I am not; I am directing my criticism at senior man- agement in Waterford County Council. Aspects of the Bill make sense but the Minister should take a look at the basic day to day operations of local authorities and how management deals with the public in the area of plan- ning. The general interaction with the public on planning is a huge source of complaint to my constituency office. I have been told that telephone calls are not returned, correspondence is not acknowledged on a fairly large scale and the level of one to one interaction over the years has become more withdrawn. It is more difficult to get definitive decisions. The service to the public, even at a time when there are far fewer planning applications, has regressed. The issue that has arisen in Waterford is a perfect example of that. The councillor in question was told last July that all site visits were being curtailed. The reasons given since then have been extremely unsatisfactory and unconvincing. There are many Deputies in this legislative body who have had experience as councillors and would agree that the most efficient and satisfactory way of dealing with planning is to get on site and stand in the field or street, as the case may be, with the planner and the applicant to sort out the application right there and then. In the long run, it usually ends up saving the applicant money. Initial clear direction cuts down on unnecessary administration later — that is my experience and that of many others. This is where the contradiction begins as far as Waterford County Council is concerned. I have a document which the council produced without debate for the last council meeting. Page 1 of the document states that pre-planning site visits are very valuable for applicants and councillors to help people in need of housing to get planning permission and, in so doing, reduce the cost involved, which can be substantial. That sounds good. The document goes on to state that such site visits enhance the level of co-operation between officials and councillors in dealing with the public on the complexities of the planning system, thereby improving the service and enhancing the concept of local democracy. Again, no one will disagree with that. Page 2, however, states that there is no entitlement in the legislation nor in the guidelines for the public to visit sites at pre-planning stage, and that the practice is hugely wasteful of scarce staff resources. The idea here is that the council would set up a three-tier administrative appeals process before a site visit would ever be contemplated. Waterford is not the only county inun- dated by planning applications. The percentage decrease in Waterford has been as bad as anywhere else. In other words, the council is saying it believes site visits are the way forward but it does not want to do them any longer, which is very strange. I decided to inquire from other Deputies what the practice is throughout the country in their local authority areas and counties. By and large, it amounts to what could be described as a fairly loose but practical arrangement throughout the country, structured on the basis of what suits and what is more efficient for the public, not the officials. Interestingly, I got the strong impression from many Deputies that many local authorities conduct more site visits due to the smaller number of planning applications and the realisation that dealing with applications at

666 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed) source — in other words, on site — is the optimal approach. The attitude of management in Waterford is that the public are not entitled to site visits because these are not specified in the planning Acts and are a waste of their valuable time. Any issue, decision or policy change that substantially affects the service provided to the public by a local authority is not solely a matter for management. It is also clearly an integral matter for elected councillors, who represent people who have applied for planning permission. If the Minister accepts that premise, individ- ual councillors should have the right to raise those issues in public in the chamber of the local authority to which they were elected. It is appropriate that the Minister would consider outlining some pre-planning guidelines in the Bill. Matters such as this are clearly the remit of officials and elected representatives and are a matter for both parties, and are clearly not solely the remit of the executive and not solely a reserve function of the county or city manager. The Minister should address this with new guidelines in the Bill before us. The management in question in Waterford needs to take a step back and ask itself what its function is. Is it to create additional administration or to provide a better service for the public? As to the reasons it gives for not allowing discussion and deliberation on this measure, its argument does not hold water. I agree with some of the measures being discussed in this Bill but I request that it be made clear that councillors have a clear and definite role in shaping how a local authority interacts with the public, in this case through the planning process, and that councillors are not obliged to conform with measures that ultimately disadvantage a service being provided to the public by a county or city council.

Deputy Charlie O’Connor: I wish to share time with Deputy Mattie McGrath.

Acting Chairman: Is that agreed? Agreed.

Deputy Charlie O’Connor: I welcome the opportunity to make a contribution on the Bill. I am reminded by the tail end of Deputy Deasy’s contribution that I spent happy days as a member of Dublin County Council and South Dublin County Council. I hope the Acting Chair- man enjoyed his time as a councillor also. I was elected in 1991 for the then Tallaght-Rathcoole electoral area of the then full Dublin County Council, which was not broken up until three or four years later. When I was first elected, we went straight into the eye of the storm with regard to the development plan. There was much controversy and we are often reminded of those times. At the same time, it was a very important learning experience for me. I took every opportunity to consider these issues, and I am glad I did so. The Acting Chairman will know I live and work in Tallaght, which is the third largest popu- lation centre in the country.

Acting Chairman: We were waiting for that.

Deputy Charlie O’Connor: Some colleagues in the House might not know.

Deputy Mary Upton: We were probably aware of that.

Deputy Charlie O’Connor: I remind Deputy Upton that I am from Crumlin, although I am now a proud Tallaght man. Following my re-election in 1999 and as a Dáil Deputy since 2002, I have continued to examine the whole issue of planning. To tell the Acting Chairman one of my little secrets, I would not be a Deputy today if I had not moved to Tallaght with an employer 40 years ago. When I moved there, and in the next years of its development following the implementation of the Myles Wright report, it was often said of Tallaght that it had the popu- lation of a city but still the status of a village. Facilities were very slow in coming but, happily,

667 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

[Deputy Charlie O’Connor.] following the opening of The Square in October 1990, many good things happened in Tallaght, as they should. There should have been a parallel development of facilities but, other than churches and schools, it did not really happen for some time. If one goes out to Tallaght today, however, it is really, to use a Superman phrase, a metrop- olis. One can go there by Luas and there are great roads, the Tallaght hospital, the civic centre and many other facilities that one would expect in a major town. I am particularly proud of the development of sports facilities, including the Tallaght stadium. Tallaght has come on. If one walks around my town today, people still have views and concerns, and there are still challenges in regard to planning, just as in many other places. It is very relevant to this Bill that people ask why we need all these apartments. If one goes around The Square in Tallaght, which many Members will know and, I hope, visit on a regular basis, either going to The Square, the hospital, the theatre or otherwise, one will see many unoccupied apartments. I heard Deputy Cuffe making good points about villages today. A village should be a place people are proud of. I am proud of Tallaght village, which I am in every day because my full- time constituency office is based there. However, there are too many unoccupied apartments in Tallaght village and there are still more planning applications, including a current one for a nine-storey building. What do we want all these apartments for? It raises issues in regard to the operation of the planning laws and it certainly raises issues, as referred to in the Bill, about An Bord Pleanála and how long it takes to do its business. I receive regular correspondence from a community leader in Tallaght who likes to keep a low profile. I will name him as Aidan Thomas and he is a good community activist. He has made many suggestions and I will relate one he mentioned to me recently. I do not mean to pick on my county manager or an other manager but he wonders why, when county managers are being interviewed and appointed, there is no com- munity involvement. I am not sure how that would work out. For example, in Dublin South- West and south County Dublin, one could have a community person on the interview board. The person could be from Clondalkin so how would people react in Tallaght and so on? I mention this because people talk about such planning issues. People discuss having a voice and a view on where we live and work. As with the Acting Chairman’s area, Tallaght is some- where that people have moved to. I mentioned the connection with Deputy Upton’s Crumlin, where I lived. There are many people now living in Tallaght who were originally from Crumlin, Drimnagh and other suburbs. They have a view on how people should work, rest and play. Decisions are often taken on planning that people cannot see. I am proud of Tallaght and want to stress that point. Like many people in the community I have worries about the number of apartments there and that kind of development. It is important in the context of this legis- lation that such a point is made. I have briefly mentioned An Bord Pleanála. I am telling a few of my life secrets now. In 1990 I was nominated by the youth service to be considered as a member of An Bord Pleanála. I do not think I have ever said that to anybody, and I am unsure what my qualifications were. As it happened, the Minister of the day did not appoint me so here I am. People have issues with An Bord Pleanála and wonder why it takes so long for decisions to be made. I hope the passage of this legislation will give some impetus to the issue and I am glad to see the Minister making proposals in that regard. I hope that will be followed through. I hope the Acting Chairman does not mind being reminded of our great days together on the council before he went to Fingal and I went to south Dublin. In my constituency and certainly in Tallaght there has been much development, with some still evident in parts of

668 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

Firhouse and Ballycullen. People have said there is not much joined-up thinking in some of this planning and one wonders who will grasp the nettle and tackle transport and schooling. I am glad the Minister for Education and Science, Deputy Batt O’Keeffe, has mentioned that Dublin South-West is among a group of constituencies where the need for more school building will be considered. People in Ballycullen and Firhouse say that should have happened a long time ago. I hope that with the debate on the Planning and Development (Amendment) Bill, such issues will again be considered, and people will get the sense that somebody cares about where they go and live. We saw on the news what happened during the flooding, although my constituency was unaffected, like many other places. There are issues concerning where we put houses and infrastructure. There are difficulties in how such concerns are expressed. I hope this legislation addresses some of the issues regarding the taking in charge of estates. It is some 20-odd years after many estates in Tallaght were built — I represent Tallaght, Firhouse, Templeogue and Greenhills — and it has taken forever for taking-in-charge processes to be dealt with. Only this week I made strong representations to South Dublin County Council in respect of concerns expressed to me in Citywest. In that new area people want to know why green spaces are not being taken in charge. We go backwards and forwards on such matters. An estate on the Blessington road, Newhall Court, had its first houses built nearly 20 years ago and the estate has still not been taken in charge. There are issues and I am glad the Government has given some priority thinking to this planning and development Bill. It has been a while in gestation, although it is important. I have listened to many of the speeches and all of us share concern about the issue. I hope the Minister will grasp this nettle and understand there is cross-party support on the matter. I know people will fight about dotting the i’s and so on but it is an important Bill that we should press on with. I am happy to concede to my good friend from Tipperary.

Deputy Mattie McGrath: I am delighted to add a few thoughts this evening to a very important Bill. The Bill makes a number of amendments to issues surrounding compliance with planning permission. As Deputy O’Connor indicated, many of us have been members of local councils and we understand issues surrounding planning, the granting process and the import- ance of adhering to conditions laid down. Section 20, for example, provides that a planning authority may refuse planning permission to an applicant who is substantially non-compliant with a previous planning permission. This was a significant issue in the Celtic tiger years which are no longer with us. Some developers got too big for their boots too quickly. They went from town to town and village to village building schemes rather than one-off housing. These are not the local builders we know and value and which are required in our communities. Such builders have provided many fine structures in a practical and architectural sense. They have always done good work. We have seen cases with large applications and as land was zoned, we must take responsi- bility as politicians for that. In my village and other areas, too much land was zoned for building purposes. A builder might have wanted to build 80 or 150 houses but may have had unfinished work in other parts of the county or in neighbouring counties. The planners have always said they cannot consider previous history and every application has to be considered on its merit. I understand the reasoning but I welcome that there will be a change, as a previous record of work completion and adherence to planning conditions is vital. We are closing the stable door when the horse has bolted but I still welcome the provision in the Bill. A case may go for final analysis with a senior planner; some counties have planning commit- tees and they should be in all counties so that a case will not be determined by the views of

669 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

[Deputy Mattie McGrath.] one planner. This is not to condemn such planners as they are qualified but a group should consider each final application and have a broader view. Social capital must be considered. Where there are defaulting builders and developers who have not complied with planning conditions — there are a number in my constituency — the matters go before the courts. That is an expensive business and a gravy train for barristers. We have seen tribunals in other sectors. It is a tough business and I know the law must be adhered to, which I accept totally. Matters may not necessarily have to be brought to court to get an injunction or permission to demolish a building. There is a scheme of houses in a town in Tipperary where that position pertains at present. The court will give its decision on these matters and we must respect it but there should be some kind of social capital involved. Instead of demolishing fine buildings — although not built completely in adherence to planning conditions — they should be used. I am a member of the national board of the Irish Council for Social Housing and believe they should be used as social housing. Amendments could be made to the Bill to bring this about rather than force people to demolish such buildings, which would be a complete and utter waste. If the issues are small and the buildings do not interfere with landscaping and are not prone to flooding, they could be used. We must consider such social capital aspects. The rogue developer would be punished but there would be a gain for the State and the taxpayer above all, including ordinary people who are looking for but cannot find houses. The courts should examine that aspect and an alternative use should be possible for such a development other than a decision that this scheme of houses must be demolished by a certain date. While An Bord Pleanála has a statutory role, long delays have been incurred in its decisions on projects, although the delays are not as long as the delays incurred of up to 12 months during the busy periods in the past. I understand it has a big workload but there should be more transparency and accountability in the system. While I welcome the input of groups such an An Taisce in certain areas, a member of An Taisce who lives 40 miles away from a proposed development could lodge an objection to it and bring it to An Bord Pleanála. While people have a right to object to a proposed develop- ment and it is important that right is enshrined in law, the planning process for schools and community facilities should be fast-tracked. I am not saying we should break or bend the law but we, as politicians, are all aware of the planning stages that have to be completed to secure funding for a school project. It takes years to secure funding for a school project that is badly needed. There may be overcrowding in a school or conditions may be such that from the point of view of health and safety or road safety the development may be required as a matter of urgency. There is a backlog in completion of school projects even though the Minister for Education and Science has invested considerable funding and effort into fast-tracking their delivery. Progress on these projects has been delayed on issues to be decided by an An Bord Pleanála. Some other mechan- ism should be provided to ensure that such projects should not be referred to An Bord Pleanála where long delays are incurred in arriving at decisions. The construction industry and our economy needs such investment now. The funding for such projects is taxpayers’ money and such projects would provide valuable business to an area and valuable jobs for thousands of unemployed tradespeople. Value for money in the completion of such projects can be secured now, unlike times when those who worked in the construction industry were busy. Some fast- tracking mechanism for the delivery of such projects is needed.

670 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

In saying that, I am not undermining the work of An Bord Pleanála, but in many cases when an inspector’s report is submitted to An Bord Pleanála recommending a decision, the board may make the opposite decision, and the reason for it doing so is hard to fathom. An oral hearing on a proposed development in a town in my county was held some months ago and, thankfully, the decision reached was the one we wanted. The proposed development was too big for the town and worse than that it was to be sited in the middle of a flood plain. The incidence of flooding has been a major issue throughout the country and the proposed development was a massive one. As the old saying goes “people would say they would put legs under hens”. The proposed development was to be built on stilts and the river was to flow under it. That is codswallop. I have never before heard of such a proposal. I live in the vicinity of a flood plain and anyone who knows about flood plains understands concerns in this respect. Architects can design any development one would want, but the planned siting for this develop- ment was wrong. It was a divisive issue in the town. The proposed development was granted planning permission and then the decision was referred to An Bord Pleanála. Objections were lodged and I made a submission. I raised it with the previous Minister of State with responsibility for public works and with my colleague, the current Minister of State, Deputy Mansergh. I accept he cannot intervene in such a matter, but logic must prevail. The answer I would get from the Minister for the Envir- onment, Heritage and Local Government regarding this development is that he cannot micro- manage town councils. I accept that, but there is no point having grandiose plans for regional developments and flood plain guidelines if they are not heeded. Thankfully, following the oral hearing on this proposed development which was a major issue and on which many contri- butions were made, An Bord Pleanála made a decision, with which I was satisfied, that it was unsuitable because of its scale and its potential impact on the area. Some €4 million was spent on building flood defences in that town some years ago and in the flooding that occurred there last February and recently, flood waters came within inches of breaching those defences. Therefore, that development would have had an adverse impact and proposed developments in such areas must be seriously examined. Planning for community facilities needs to be fast-tracked to kick-start work on them. In doing that we should not break the law but get around it by ensuring an easier system is put in place and that there is a more transparent system in place in An Bord Pleanála. The development contribution scheme is another issue. I supported and voted for that scheme when it was introduced at council level. I have never apologised for doing that because it is a valuable scheme in terms of the community facilities provided under it for many areas. Substantial moneys have been collected under it. However, there are people who have been granted planning who cannot pay their development contributions because of the collapse of the building industry. There must be flexibility in this respect. If we want to get these people back in business, to have buildings completed and to collect the contributions, this matter will have to be worked through and perhaps a site will have to be taken for a playground, as was done in my village, instead of money. There is a myth that councils have a slush fund of such development contributions. I raised this issue with my parliamentary party today. Substantial moneys were collected during the Celtic tiger era. If this is myth, it must be dispelled, or if local authorities have this money, it must be spent now on the roads, building flood defences and driving forward our economy. There is no point in having it in the bank. If they do not have such money, we need to be told that. I thank the Chair for his patience and I look forward to having further input into this debate.

671 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

Deputy Mary Upton: I wish to share my time with Deputy Ferris.

Acting Chairman (Deputy Michael Kennedy): Is that agreed? Agreed.

Deputy Mary Upton: I welcome the opportunity to speak on this Bill. The recent flooding and the consequences of the freezing temperatures have brought into sharp focus the need for appropriate planning regulations. There has been something of a philosophy of “getting away with it” in regard to the need for meeting standards and observing the regulations in regard to planning and development. Unfortunately reforming the Planning and Developments Acts now is akin to closing the stable door after the horse has bolted. Housing estates throughout the country have been under feet of water. Such flooding affected Sallins in Kildare, Ballinasloe, Cork and the area from Roscommon down through the country. While climate change has a very significant role to play in this, bad planning has been clearly identified by many people who have spoken on this issue, it having caused huge damage to householders, farmers and other businesses. The sense- less rezoning of land on flood plains is an extreme example of bad planning and we live with the effects of bad planning whether in rural or urban areas. In Terenure in my local area, a developer who illegally demolished a habitable dwelling was fined a paltry €1,000 on a site which was valued at the time in the order of €15 million, which is an issue to which I will return. Many apartment blocks in this city are built to poor standards, which developers recognise at this stage. Now we have the eyesores of many of these appalling apartment blocks lying idle. We also have the problem of planning permission having been granted for various sites where, clearly, no development will take place. There are other sites where planning applications have been submitted. I am concerned that we will have a host of derelict sites around the city. We need to take action to ensure that these do not become a magnet for anti-social behaviour. This is an important point in regard to failure of planning to a certain extent up to now. Developers have left estates and apartment developments unfinished. We are well aware of numerous examples of that. An unfinished development is often a euphemism for a wasteland with no pathways, no infrastructure or local school and unfortunate residents are left with no public transport in the area. They might have to plough their way through potholes to get to the front door of their house. We are very much aware of such developments. Landscaping is simply a far off promised land with no hope of it being done. Planning permission was granted willy nilly for almost any development in this city. The refusal of an application for any substantial development by the local authority was more the exception than the rule. We are now reaping the benefits of another example of light regulation in the building industry. For example, one of the reasons put forward for burst pipes in rela- tively new developments was that the developer failed to place the pipes sufficiently deep in the ground to prevent freezing and subsequent cracking of the pipes, hence some of the flood- ing and the water shortages now being experienced. I have acknowledged that climate change has had an important impact but our changing climate has brought home to us the cost of poor planning standards, the absence of any adequate regulation and the failure to enforce minimum standards. It is our job in this House to act as public legislators. I have serious issues with the Bill, as it stands, but at least it is an attempt to move matters forward and I acknowledge and welcome that. My experiences of the planning system in Dublin South-Central are, I am sure, similar to that in many other constitu- encies. The role of the local authorities is paramount to ensuring good planning. A significant portion of this Bill is dedicated to ensuring that local development plans are in keeping with national strategies, which is to be welcomed.

672 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

I refer specifically to a planning issue that was of recent concern to me. A planning appli- cation was submitted by a developer for a private hospital on the grounds of St. James’s Hospital. While I disagree with the philosophy of building private hospitals on public grounds, that is a separate matter, and the developer was entirely within his rights to submit such an application. Of much greater concern to me was the response of Dublin City Council to a request to place a chapel located on the grounds of the hospital on the list of protected struc- tures, which it failed to do. Coincidentally, as part of the development, there was an application by the developer to demolish the chapel. Prior to the submission of the planning application, a request to put the chapel on the list of protected structures was made to the area committee, which recommended that it be placed on the list. The normal procedure in such cases is that the proposal then goes before the next full meeting of the council. In fact, this is a reserved function of the councillors. The area committee agreed to this in May 2008. Now, after 18 months, the proposal still has not gone before the full council. Whether the chapel is ultimately placed on the list, it is a matter for the council to accept or not to accept the recommendation of the area committee. In effect, the council officials are thumbing their noses at the elected councillors. A planning decision is due shortly on the application for the private hospital, which includes an application for demolition of the chapel. If planning permission is granted by the city council and it is permitted to demolish the chapel, this will raise serious questions about the trans- parency of the planning process and the meaning of democracy. Last year I introduced a Private Members’ Bill in the House on the issue of prior breaches of planning legislation. Section 20 of the current Bill is concerned with the sanctions placed on a developer if he or she is found guilty of breaching planning permission. I welcome the fact that this is included in the Bill, but the proposed sanctions are paltry, and I will table amendments to this on Committee Stage. The sanction, as the Bill stands, would only preclude the developer from seeking planning permission, which would have little or no effect as he or she will be able to appeal this decision. In the Private Members’ Bill I proposed much stronger sanctions. The Bill stated:

Where a person is convicted of an offence to which section 4 applies and the court is satisfied that the relevant provision of the Principal Act was contravened deliberately and with a view to increasing the value of the land concerned, then, during the period of five years from the date of conviction or such other period as the court, on the application of the prosecutor and having regard to all the circumstances of the case, may order—

(a) a planning authority shall not grant the person permission in respect of any appli- cation for development that is made in the course of, or is connected with, the business of dealing in or developing land,

(b) that person shall not be appointed or act as a director or other officer of, or be in any way, whether directly or indirectly, concerned or take part in the promotion, formation or management of, any company the business of which involves dealing in or developing land.

This would, in effect, keep a developer out of the business for five years, which would be a significant sanction and more effective than anything proposed here. I urge the Minister to take account of this. I refer to the event in Terenure in which a convent was knocked down by a developer, who was given a paltry fine of €1,000 — a tiny amount compared to the vast value of the land at that time.

673 Planning and Development (Amendment) 20 January 2010. Bill 2009: Second Stage (Resumed)

[Deputy Mary Upton.]

The purpose of section 28 is to reduce the number required to achieve a quorum for a board decision of An Bord Pleanála from three to two. This is a retrograde step. Three has tradition- ally been the number for a quorum. This will do little to improve planning law and I question the need for it in the current climate in which the number of applications to An Bord Pleanála has reduced substantially. An Bord Pleanála has been effective and proactive in addressing problematic decisions made by local authorities and I welcome the fact that it has this role. Thus, I question the necessity of reducing the number required for a quorum from three to two. Section 29 seeks to increase the fines levied under the principal Act, mostly by a factor of three. While this is welcome, the fine does not fit the crime. We need to make the penalty such a disincentive as to prevent any breaches of planning law. On the issue of information for local residents, any public representative who must deal with planning applications for substantial developments in his or her area will be aware of the impact they will have on local residents and the environment. I propose that a developer be obliged to provide information to every household within a specific radius of the location of the proposed development. As the law currently stands, developers must put up a site notice that may or may not be seen by local residents. Where a substantial development is proposed — for example, more than 250 residential units, although that is open to discussion — the developer should be required to advertise and hold a public meeting to seek to address the concerns raised by the local community. This would benefit the local community and the developer, because a consensus can be arrived at through discussion rather than confrontation later on. If a consensus can be arrived at, this could prevent later planning objections and appeals to An Bord Pleanála. Around the country there are numerous examples of poor developments, with large blocks of houses and few or no services. I emphasise the need to ensure that the required infrastructure is there, particularly schools, as has been mentioned by several Deputies. Such a recommend- ation is contained in the Bill, but there is no requirement that a school be provided as part of a development. I ask the Minister to consider making this provision more substantial. This Bill is necessary to amend the serious flaws in our local and national planning system. There are several positive aspects to the Bill, but there are also a number of areas in which there is much room for improvement.

Deputy Martin Ferris: This Bill is timely, given the ongoing issues with property development and planning matters. To that extent, it can be welcomed. I support the positive proposals in the legislation which are designed to introduce improvements in the overall planning process. However, while I will not vote against Second Stage, I will propose amendments on Committee Stage as there are improvements that could be made. The recent flooding in many parts of the country — leading, in some cases, to the virtual destruction of people’s homes — has highlighted deficiencies in local planning and raised serious questions about the permitted location of housing developments and the procedures that resulted in permission being granted. Several weeks ago I visited Carlow, Sallins, the Shannon basin and parts of west Cork. In many areas it was evident to the naked eye that granting planning permission for developments was a recipe for disaster. I raised this issue before Christmas, mentioning the building of homes in locations in which there were historical records of flooding. There may not have been flood- ing in some of these locations for many years — perhaps even in living memory — but where

674 Banking Crisis: 20 January 2010. Motion (Resumed) housing developments were allowed to proceed in locations close to rivers or in water basins, that risk was always present. Some of the newer developments where flooding did take place were in areas whose placenames actually referred to water, which might have provided a clue to those dealing with the planning applications. Two years ago, not far from where I live, in Banna — part of which is under water for perhaps six weeks of the year — planning permission was granted for a mobile home park, although it was subsequently refused by An Bord Pleanála. The dangerous phenomenon of developers using elected representatives to put pressure on council employees, planners and so forth, to secure planning permission to satisfy their own greed, needs to be addressed. Surely planners and developers ought to have paused and con- sidered why nobody had built in locations such as I mentioned, even though they were close to existing settlements. We now know the reasons, but unfortunately that knowledge comes too late for those whose homes have been destroyed.

Debate adjourned.

Private Members’ Business.

————

Banking Crisis: Motion (Resumed).

The following motion was moved by Deputy Joan Burton on Tuesday, 19 January 2010: That Dáil Éireann: — noting the unprecedented crisis in the Irish banking system, the contribution of that crisis to the present economic emergency and the on-going implications of that crisis for employment and output; — noting the emergency measures that have already been taken to stabilise the banking system, including the blanket guarantee, the nationalisation of Anglo-Irish Bank and the re-capitalisation from the public purse of other banks; — further noting the losses incurred by bank shareholders, taxpayers and the general public as a result of the banking crisis; — believing it is necessary to examine in detail the nature and causes of the banking crisis, including the manner in which relevant laws, regulations, administrative systems, procedures and practices were employed and applied, identifying in particular: — any defects in planning, information-gathering and information-analysis on the part of public authorities; — any other defects in systems of regulation and oversight on the part of public authorities; — any systematic default on the part of regulated persons or bodies in their duty to comply with relevant regulations; and — any defects in relevant laws or regulations; — believing further that it is necessary for this and other purposes that there be conferred by statute on each House of the Oireachtas and on both of them acting jointly, through

675 Banking Crisis: 20 January 2010. Motion (Resumed)

committees, a power to appoint inquiries into and to commission reports upon matters relevant to the exercise of the legislative power of the State including defects in social, economic or administrative systems and systems of governance within the State, for the purpose of proposing legislation to remedy any defects so identified and to make recommendations for the better regulation and governance of the State; and — resolves to take all necessary steps for the establishment of an inquiry by a committee of Dáil Éireann into the banking crisis, including the consideration and passing as a matter of urgency of legislation along the lines of the Committees of the Houses of the Oireachtas (Powers of Inquiry) Bill 2010.

Debate resumed on amendment No. 1: To delete all the words after “Dáil Éireann” and substitute the following:

“— commends the ongoing programme of actions being taken by the Government to restore banking stability and restructure the financial sector; including the recapitalis- ation of the two main banks, which will facilitate increased access to funding for SMEs and for first-time home buyers, as well as offering protections for existing homeowners in arrears; — calls for the transfer of assets to the National Asset Management Agency (NAMA) to be expedited in order to further enhance the stability and financial soundness of the institutions concerned; — notes the Government decision to introduce important reforms to financial regulation in Ireland which will secure confidence in the banking system through the introduction of new standards of banking regulation and corporate governance, will restore Ireland’s international reputation and will reposition the country’s regulatory system; — commends the Government’s support for the comprehensive programme of reforms to financial regulation that are being put in place at the EU level; — notes that essential work remains to be completed in order to bring further stability to the banking sector; including the critical ‘transfer of assets’ to NAMA, agreement on the bank’s restructuring plans and their future capital requirements and expected early progress on the consolidation of the building society sector; — notes that significant resources are being devoted to these efforts and the officials involved continue to be fully engaged in achieving the objectives of banking stability and restructuring of the financial sector; — notes that any inquiries that are established must also have regard to the ongoing criminal and regulatory investigations into wrongdoings at certain financial institutions; — commends the decision of the Government: — to request the Governor of the Central Bank to report to him on the performance of the respective functions of the Central Bank and Financial Regulator in the period since the establishment of the Financial Regulator up to September 2008 having regard to the statutory powers, roles and responsibilities of the Central Bank and Financial Regulator;

676 Banking Crisis: 20 January 2010. Motion (Resumed)

— to commission an independent review from a recognised expert or experts of high standing and reputation to conduct a preliminary investigation into the back- ground to and causes of the recent crisis in Ireland’s banking system up to September 2008 to assess what lessons can be learned and to inform the future management and regulation of the sector, both in relation to individual insti- tutions and in relation to the management of risks and stability issues within the regulatory and governmental systems; — that these reports will consider also the international, social and macroeconomic environment which provided the context for the recent crisis in the banking sector; — that these reports shall have regard as appropriate to the de Larosière and Turner reports; — that both reports are to be initiated as soon as possible and completed urgently and no later than 31 May 2010; — that following completion of these reports, an independent, statutory commission of investigation is to be established by 30 June 2010, chaired by a recognised expert of high standing and reputation, to identify, examine and report on the causes of the systemic failures such as corporate strategy, governance and risk management in the Irish banking sector which culminated in the need for the State guarantee, the recapitalisation programme, the nationalisation and rescue recapitalisation of Anglo-Irish Bank and the establishment of NAMA in order to preserve financial stability; — that the terms of reference for the commission of investigation will be informed by the conclusions of the reports of the Governor of the Central Bank and the independent review; and — that the report of the commission of investigation would be completed within six months; — notes that: — an appropriate Oireachtas Committee will meet both the Governor and the inde- pendent expert(s) at the outset of their work to be briefed on the Oireachtas’s priorities for investigation; — the two preliminary reports, when completed, would be laid before the Houses of the Oireachtas and the appropriate Oireachtas Committee will be invited to con- sider the findings of the reports; — the terms of reference and draft Government Order to establish the statutory commission of investigation will be laid before the Oireachtas; and — the report of the commission of investigation will, when completed, be laid before the Oireachtas for further consideration and action.” —(Minister of State at the Department of Finance). Deputy Richard Bruton: I welcome the opportunity provided to Members by the Labour Party to debate this issue. The Government must realise that there is great political and public scepticism about its attitude to investigating the banking inquiry. This is not a surprise because such scepticism has arisen from the Government’s reaction whereby, from the very first day that such an investigation was mooted by the Governor of the Central Bank, the response was evasive. It was to the effect that the Government was too busy with other matters to have an

677 Banking Crisis: 20 January 2010. Motion (Resumed)

[Deputy Richard Bruton.] investigation or that, while an investigation should by all means be held, it should be in the long-distant future. Members who were told it would be too costly or would be a political football now are expected to believe the Government is fully open about the investigation, which strains credibility. People’s scepticism is greatly enhanced by noting that the form of inquiry being proposed by the Government is so constrained in respect both of its terms of reference and of the period over which it is to investigate. It betrays the fact that there still remains a culture within the Government that does not believe public officers, whether elected or non-elected, should be accountable. Accountability is at the heart of this matter and a culture exists within the Government that simply does not accept that anyone is responsible or that anyone should take responsibility when things go wrong. The reason the public wishes to see an inquiry in the public domain is that in part, contrary to what the Government would suggest, this is not simply about finding out the reasons and causes but is about the very notion that people are accountable. Those who hold high offices in the country, whether it be a non-elected office such as the power to investigate and regulate the banking system and ensure that excesses do not occur or whether it be a political role, must be accountable in public for their stewardship. This is at the heart of any proper system and is at the heart of any democratic parliament that is worth its salt. Members should be capable of holding people to account and this simply has not been possible. It has not been possible for many reasons, some of which were created by the courts’ circumventing of the Dáil’s ability to perform such work properly. However, Members must return to a position whereby Parliament holds people to account. This is a fundamental point in this debate. I have heard the terms of reference which have been set by the Minister described as being focused. The only thing on which I can discern them being focused is on ensuring that nothing involving political accountability will be properly investigated. The sort of focus involved is to keep it away from the Government at all costs. The Government has stated that an investi- gation of systemic failure in the banking sector is needed. This is to suggest that the commission of inquiry should have a narrow focus and simply is about the banking sector. The Minister of State is aware that in respect of what has gone wrong in Ireland, the banking crisis is a symptom of a much deeper systemic failure that has occurred. I refer to a failure of our system of governance and regulation, as well as the willingness and ability to hold power in all its shapes to account. That is what is at the heart of this matter. There has been regulation in Ireland in which no probing scepticism was exercised by the regulators. There have been unhealthy link- ages between policymakers, regulators and those who stood to gain from their decisions. Such unhealthy relationships have been developed by a political culture that has occurred during the past ten years in particular. It has discerned no difference between personal and political donations, has appointed those who made donations to boards and has favoured some of those people in political decisions that were taken subsequently. Members have the evidence of that trail and the moral, ethical and accountability boundaries that should have prevailed and kept those matters separate simply were allowed to erode. This has formed part of Ireland’s sys- temic failure. Moreover, those who issued warnings about the impending banking crisis and the fragility of the economic model were treated with contempt by those at the head of the political system. Such warnings not only went unheeded but were dismissed contemptuously. The message was clear to those within the regulatory systems that the political system had a view as to whether the ongoing bank lending and property boom was sustainable. Clearly, the political system was stating repeatedly that this was based on sound economic fundamentals and was the route to

678 Banking Crisis: 20 January 2010. Motion (Resumed) take when this manifestly was not the case. There was no understanding and a political atmos- phere was created in which regulation was encouraged to break down. While I do not exonerate from responsibility those who were directly holding those offices, a political climate was created that stated the property boom was based on sound economic fundamentals and that these banking models, which Members now know were so holed below the waterline, were to be encouraged and supported. This constituted a massive political failure that must be included. Instead however, I read closely the Minister for Finance’s discussion of what will be involved and the only reference he made to the Government and its Departments was to consider the Departments’ response. Moreover, such consideration was mysteriously to end at September 2008. As for the notion that the Government was only responsible for the response to the impending crisis, it was at the heart of its creation. This must be acknowledged by anyone who is setting up the terms of reference for an inquiry. It is wholly inappropriate to ask the new Governor of the Central Bank to decide on or to shape the terms of reference of an inquiry into himself and his agencies, albeit before his time. This is inappropriate and trying to shape these terms of reference places the Governor in an invidious position. There is a need to examine the manner in which the economy and the Government allowed policy development to occur that supported the banking sector. The collapse of banking did not take place in a political and policy vacuum but took place within a policy arena that was created by the Government. The shutting down of a veil of secrecy at September 2008 is completely unacceptable and inexplicable. How can one pretend that a forensic examination of facts, the purpose of which is to shed light on the development of future policy, should suddenly end when the policy decisions start to occur? Surely one should examine what sort of advice was being tendered by regulatory authorities and others and which shaped the public policy that has been adopted. Surely one needs to know the reason regulators were stating in September 2008 that Irish banks were among the most sound and well-capitalised in the world. Although this manifestly was not the case, it was being offered as an assurance and support to Government policy. However, the investigation is to be shut down as though, while one must know what happened in the past, one does not need to apply it to what is being done at present or that one does not need to know whether the policy decisions that have been adopted are best designed to be least costly to the taxpayer and most effective in getting credit to flow. The only reason such questions are not to be asked is that it is on the present Government’s watch. This is not because the power of a forensic inquiry might not be able to investigate such matters or shed light on how one should modify public policy from henceforth. It is totally arbitrary and unacceptable that such a cut-off point has been proposed. The issue of whether the inquiry the Government proposes to set up should be held in public or private is important. As I stated, I believe the conduct of public policy and the behaviour of those charged with its execution are properly matters for public accountability and the inquiry should be held in public. I accept that when one is making decisions or findings that could affect the reputation of an individual who is not a statutory officeholder, elected or otherwise, different rules apply. However, in shaping the terms of reference, one should make clear to the commission that the reason Members seek this investigation and a commission of inquiry is that certain matters must be held to public account. Consequently, one should create an environment in which a commission of inquiry will use the maximum discretion available to it to hold hearings in public and will confine the private element only to instances in which the reputation of individuals may be affected. If that were a term of reference, the Government would dramatically step forward, as Deputy Kenny said earlier, from the inquiry it proposes. The Taoiseach said he would welcome such an approach but, within moments, he replied to

679 Banking Crisis: 20 January 2010. Motion (Resumed)

[Deputy Richard Bruton.] the Labour Party leader that if an inquiry were held in public, everyone would have to have legal representation. That is untrue. Legal representation will be necessary even if the inquiry is held in private if it impinges on an individual’s reputation. However, there is no need for such representation if the inquiry investigates the conduct of public policy. The Dáil needs to find role for politicians in the investigation of banking and to show that, once and for all, politics can hold public offices accountable for catastrophic failures that have brought the ordinary people of this country to their knees.

Minister of State at the Department of Agriculture, Fisheries and Food (Deputy Trevor Sargent): Ba mhaith liom a chinnntiú go bhfuil mé ag roinnt mo chuid ama leis na Teachtaí Thomas Byrne, Michael McGrath, Fleming, O’Connor agus Moynihan.

An Leas-Cheann Comhairle: Tá an ceart ag an Aire Stáit.

Deputy Trevor Sargent: Nílmé cinnte mar gheall ar an Aire, an Teachta Ryan.

An Leas-Cheann Comhairle: Tá sé sin aontaithe.

Deputy Trevor Sargent: I am seeking that whatever can be established be agreed by all sides of the House, which is an effective and thorough inquiry into the reckless behaviour that left our banking system in such a sorry state. The sooner we can have that inquiry the better. The Green Party Leader, Deputy Gormley, was the first member of Cabinet to call for such an inquiry publicly in December. We will have an inquiry that will ensure full public accountability for the actions that need to be taken and the findings that need to be arrived at, which we cannot predetermine. It is important that we do not fall into the trap of rushing to predetermine the outcome as this would jeopardise the effectiveness of such an inquiry, although I agree with Deputy Noonan who stated last night that the public feels a need for a catharsis and that will not happen if an inquiry is held behind closed doors. It is important to read the terms of reference in full. As my colleague, Deputy Mary White, said, the digging will be done behind closed doors in the same way one would conduct research or do homework but the grilling will be in public and the effectiveness of the grilling will determine whether we achieve the public accountability that will be the measure of this inquiry. It is unfortunate that Members have described it as a “whitewash” before it even commences. Such a prejudgment will play into the hands of the very people who do not want an inquiry or to be found out and who want to get away with the actions in which they mistakenly engaged. I urge that we have faith in people such as Professor Honohan who is well recognised for his independence and rigour, not only in this role as Governor of the Central Bank but prior to that. That is the reason faith is being put in somebody such as him when it comes to the commission of investigation’s terms of reference. It must be recognised, whether one is in Government or in Opposition, that, given the nature of politics, one is compromised from being quasi-judicial because for obvious reasons there is a political point to be made from either being in Government or in Opposition and it is important that there will not be the makings of a Star Chamber which would make for an interesting spectacle from a political and media point of view but it would not be effective. This inquiry will adopt a similar approach to the Murphy commission regarding what must be done on the ground and that commission report resulted in resignations. Nobody said it was a whitewash. The proposed inquiry will be more public than the Murphy commission in that there will be accountability to the Oireachtas, an Oireachtas committee will be involved and

680 Banking Crisis: 20 January 2010. Motion (Resumed) questioning will be conducted in public. I urge all Members to refrain from a prejudgment or political point scoring, as this will play into the hands of the very people who do not want this inquiry.

Deputy Thomas Byrne: Tááthas orm labhairt ar son rún on Rialtas. The message the Opposition must take from the Government’s decision and this debate is “Be careful what you wish for”. The Opposition parties thought they would finish us off with the McCarthy report. They were then certain NAMA would be the undoing of this Government and, subsequently, they pinned their hopes on the budget but they have been proved wrong time and again. If they think they will get the head of the Taoiseach or the Fianna Fáil Party on a plate, they will be wrong again.

Deputy Joan Burton: And Deputy Bertie Ahern and Charlie McCreevy.

Deputy Thomas Byrne: The sole focus of the Labour Party in tabling this motion is that a tribunal will be up and running in the run up to the next election. Deputy Burton was welcomed on to my local radio station this morning and, as I said to her on that programme, this did not work during the last general election campaign and it will not work for the next general election. The focus of the Government must be on encouraging lending into the economy and getting the banking system up and running again. The Labour Party has opposed every measure brought before the Oireachtas. When Deputy Burton raised a banking inquiry, her total focus was on whether the Taoiseach would appear before it. That should not be the focus. The focus for Labour Party Members is the next general election but the Government is focused on getting people back to work.

Deputy Joan Burton: What is the Deputy’s focus? He is desperately hoping to be re-elected.

An Leas-Cheann Comhairle: Allow the Deputy to make his contribution.

Deputy Thomas Byrne: I presume every Member running for election is hoping to be re- elected. I do not deny that but the Deputy will have a battle on her own hands in her constitu- ency. If the Labour Party thinks it will take my seat at the next election, it has another think coming. The Labour Party was completely absent on the ground during the winter gritting crisis in my constituency.

Deputy Joan Burton: Now we are getting to it.

Deputy Thomas Byrne: The banking system, however, is a much more important issue. Let us have a banking inquiry as soon as possible. That is what the Government has proposed. The appointment of Professor Patrick Honohan, a recognised expert who has previously worked with a Fine Gael-led Government, was the best decision the Government ever made according to a number of Opposition Members. Now that he has been put in charge of an inquiry in which his independence can be assured, doubts are being cast by the Opposition on his ability to do that because of his position in the Central Bank. He is completely independent of the Government and the Fianna Fáil Party and he is the right man to undertake the aspect of the inquiry for which he is required. An expert will be appointed to examine other issues and this will be followed by a commission of inquiry, which can hold its hearings in private or in public. It was intended that the Iraq inquiry would be held in private but there was provision to allow

681 Banking Crisis: 20 January 2010. Motion (Resumed)

[Deputy Thomas Byrne.] the judge in charge to hold hearings in public, which is what he decided to do. Perhaps that will happen with this inquiry. It is important that the public obtain answers. Every Government Deputy wants to know what went wrong with the banking system. The system went awry in other countries but we must primarily examine what went wrong with regulation and within the banks and what caused the problems we have. The inquiry must get on with its business and answer these questions as soon as possible. The entire focus of the Government must be to allow the banking system to continue its recovery, to allow the NAMA process to continue and to do whatever needs to be done in terms of recapitalisation to ensure our banking system remains safe. This will be done in the face of opposition from the Opposition, but we must do this. No matter what proposal is put before the House regarding banking, it will be opposed by the Opposition.

Deputy Kathleen Lynch: Did the Deputy sign the motion seeking an open inquiry?

Deputy Thomas Byrne: Much has been done and much of the guarantee money has been repaid to the Exchequer.

Deputy Kathleen Lynch: Too long.

Deputy Thomas Byrne: Recapitalisation money for AIB and Bank of Ireland will also be paid back at an interest rate and that is an important point that they keep forgetting but which is beginning to show dividends. We look forward to the results of the inquiry but it should be left to get on with its job.

Deputy Michael McGrath: I am pleased to have an opportunity to contribute to the debate. Everyone in the House shares a determination to understand the reasons behind the banking crisis, to get to the bottom of why it happened and to ensure to the greatest extent possible that lessons are learned so that such a crisis can never happen again. A number of key questions need to be answered by the inquiry. These include why Irish banks, which historically have been conservative, departed from the traditional model of banking where the level of deposits on hand determined the amount of money lent out. Why did they become over-reliant on international lenders to fund their operations? Why did they engage in a frenzy of reckless lending to a property and development sector, thereby jeopardising their entire business model? Why did the financial regulator not shout stop? Did the regulator not recognise the risks associated with what the banks were doing or did the regulator turn a blind eye? Why did the Central Bank not ring the alarm bells much louder during these years? Of course the role of Government policy during these years must be examined and this side of the House must be mature about that issue. Was the legislation that established the financial regulator robust enough? Why did the risk management functions in individual banks fail so miserably to identify the risks and address them in a comprehensive way? What about the role of the external and internal auditors in these financial institutions? Why did they not identify the risks and shout stop when it was clear for all to see that the risks associated with the banks’ practices were very significant? The bonus and reward system in place for bank executives clearly rewarded the level of lending that occurred and encouraged such risky practices to continue. What is important for me, everyone in the House and the Irish people is to get to the truth. We would all love nothing more than to bring in some of the leading lights in the banking world over recent years and subject them to a public grilling and put all of these questions and

682 Banking Crisis: 20 January 2010. Motion (Resumed) many more directly to them. However, I would be gravely concerned that if we went down that road the outcome would be to prejudice the investigations under way to which we all want to see a successful and speedy conclusion. The inquiry being established by the Government is not about the individuals. The investi- gations under way will deal with those issues, it is hoped, in a comprehensive and quick manner and I will return to this point if I have time. It is an independent statutory commission of inquiry preceded by two preliminary reports that will feed into the process. Let us be honest: if we were to deal with the issue solely by way of a fully public Oireachtas inquiry, the temp- tation would be to bring partisan politics into it on every occasion. Consider the debate we have had in the House since the banking crisis emerged in 2008. It has been characterised by partisan politics from day one. If we were to bring this into the environment of an Oireachtas committee, there would be division along party lines. There should not be but it is inevitable that there would be. I am all for restoring the primacy of the role of Parliament and the elected Member but this is an issue on which a judgment has to be made on the role of Government. It is better that judgment be made outside of the heated political environment which would inevitably domi- nate any public inquiry conducted in full by an Oireachtas committee. Comments made in recent days about Professor Honohan have been somewhat unfair. He is completely untainted by some of the practices that led to the banking crisis in Ireland. He was among the first to suggest an inquiry a number of months ago. He is a man of the highest integrity and he is well placed to review the role of the Central Bank during the period when the crisis took root. The inquiry must work quickly, it must be efficient and it must be cost effective. I am glad to see that deadlines will be placed on the completion of the inquiry. This is particularly important. The Oireachtas Committee on Finance and the Public Service, of which I and Deputies Bruton and Burton are members, will have an important role to play at various stages of the process. We need to see real progress in the investigations by the Garda and the Office of the Director of Corporate Enforcement which are under way. They have been going on for quite some time. Yesterday, I saw news reports on the case involving DCC and Fyffes which went on for nine years and concerns a transaction from February 2000. It was finally brought to a conclusion in January 2009. I would be utterly depressed if that were to be repeated in the investigations into the practices at Anglo Irish Bank and other institutions. They must be brought to a head very quickly so public confidence can be restored. What certain individuals in some institutions did during those years was patently wrong and there can be no question about that. The decisions they made had real consequences for individuals and families in this country, for pensioners holding shares, for people who bought property at the height of the boom and who are now suffering with negative equity, and for those who lost jobs because of the crisis of confidence and the recession which has taken root partly because of the banking crisis. We need an urgent conclusion to those investigations and the people directly involved must be held to account and brought to justice.

Deputy Seán Fleming: I welcome the opportunity to speak on the debate this evening. It is important to state what is involved and what the Government is setting out as outlined in the amendment to the motion before the House because it has been lost in the flurry of activity in recent days and the wish to report not what is happening but one’s individual bias. I am sure it has been stated several times that we will have a report produced by the Governor of the Central Bank and an international expert or experts on the recent banking crisis and both will

683 Banking Crisis: 20 January 2010. Motion (Resumed)

[Deputy Seán Fleming.] include in their terms of reference the national economic environment. This will take into account the overall fiscal and policy positions of the Government and the overall national finances and the macroeconomic environment of the country. This is specifically stated in the amendment tabled by the Minister for Finance. The Governor of the Central Bank and the international expert will receive a briefing from the Oireachtas on its priorities prior to commencing their investigations and they will then produce a short report. I presume that briefing will come from the Oireachtas Committee on Finance and the Public Service. When the short report has been completed and the key issues to be dealt with are known, the Government will bring forward terms of reference to establish a statutory commission of inquiry. That will commence very promptly thereafter with a view to producing a very short report which will be returned to the Oireachtas for full debate and elaboration and enhancement through the Committee on Finance and the Public Service. I do not know whether the work will be done by the joint or select committee. I would prefer to see Senators included in the process. I notice the motion tabled by Deputy Joan Burton pro- posed that the work be carried out by Members of Dáil Éireann. She seems to be specifically excluding Senators from any role in the process. When the commission of inquiry is established, which is a few months away, I suggest that the Government is very careful when choosing who to chair and lead it. It will be an investi- gation and I would like it to be chaired by somebody with particular expertise in banking or economics, a forensic accountant or a retired Garda assistant commissioner with the appro- priate legal support. I would not like to see it being automatically headed by a barrister or a judge from the Four Courts. The reason I state this is that many tribunals headed by members of the legal profession get more involved in the legal process of how they go about the work rather than the job at hand. It would be far better if a different approach was taken to the appointment on this occasion. The process has been criticised because there will be an investigation prior to its return to an Oireachtas committee. However, I remind Members of the House that this is precisely what happens week in week out at the Committee of Public Accounts. The Committee of Public Accounts carries out a detailed investigation every Thursday, cross-examines witnesses and re- examines them, all based on an initial report produced by the Comptroller and Auditor General. In September 2010, the Comptroller and Auditor General will produce a report on the activities of all agencies and Departments under his remit in 2009. Towards the end of 2010, when the report is fully assessed and laid before the House, the Committee of Public Accounts will carry out a detailed examination. Nobody in their right mind would suggest that Members of the Oireachtas should carry out the audits of the Departments. It is right that a report be produced by the experts, so that the Oireachtas can examine it in further detail. Deputy Burton made a case personally by her own actions and by demonstrating her own bias. She has drawn firm conclusions on what she would like to see as the outcome of this. She had demonstrated that Members of the Oireachtas would not be free from bias, would not be neutral, and therefore would not be capable of carrying out such an inquiry. It is important that Members from the Government side and from the Opposition do not carry out this kind of work on that particular occasion. There has been a backhanded criticism of Professor Patrick Honohan suggesting that it is unfair to ask him to do this job. If Deputies think that he does not have the gumption to examine the Financial Regulator’s office and the Central Bank, then we are damning the man with faint praise.

684 Banking Crisis: 20 January 2010. Motion (Resumed)

Deputy Pat Rabbitte: Nobody criticised Patrick Honohan.

Deputy Seán Fleming: Deputy Bruton said that it was almost unfair to the man to ask him to do a job in an organisation that he will have to deal with.

Deputy Pat Rabbitte: That is not the same thing.

An Leas-Cheann Comhairle: Allow the Deputy to finish. The Deputy should conclude.

Deputy Seán Fleming: I would see it as a first test for Professor Honohan. To think that he is not up to that test is to give him faint praise.

Deputy Seán Sherlock: That is extremely disingenuous.

Deputy Seán Fleming: I think the man has the ability to do it, and I look forward to him producing his report.

Deputy Pat Rabbitte: Deputy Fleming is up there like a Koala bear——

Deputy Richard Bruton: On a point of order, I do not think Deputies should be seeking to distort what others say in the House. There is a principle of reasonable debate that should be observed.

An Leas-Cheann Comhairle: There are procedures to deal with such matters. I call on Deputy O’Connor. I remind the Deputy that there are eight and a half minutes left in the slot.

Deputy Charlie O’Connor: I welcome the opportunity to make a brief contribution to what I consider to be a serious and worthwhile debate. I hope that my position is not misunderstood. I am happy to be adjacent to the Labour Party benches, but this is where I always sit.

Deputy Pat Rabbitte: The closer we get to a general election, the closer the Deputy gets to the Labour Party benches.

Deputy Charlie O’Connor: Let nobody misunderstand what I am doing. There is no need to repeat what Deputy Fleming has said, but it is important to point out that people want us to talk about this. I compliment the Labour Party and Deputy Burton on putting down the motion, because it gives us an opportunity to talk about something about which people want us to talk. I accompanied a Tallaght businessman to a meeting with a banker in the city. I jokingly said to the banker that he was in a profession that was less popular than my own. That is the reality and people want it to be corrected. I would have thought that bankers should understand that. These issues have been raised in other places in this House. The Joint Oireachtas Committee on Social and Family Affairs, under the chairmanship of Deputy Healy Rae, has held a number of hearings over the past few months on issues that fall within the remit of this debate. The Opposition spokespersons, Deputy Enright and Deputy Shortall, have been involved in those discussions. I am Vice Chairman of the committee, and in December we sent correspondence to the Minister and to the party spokespersons on finance. It followed a presentation to the Joint Oireachtas by officials from the EBS, when we were very anxious to get a hold of their proposals and their vision on mortgage arrears. I hope they will get back to us and tell us precisely what they feel about those proposals.

685 Banking Crisis: 20 January 2010. Motion (Resumed)

[Deputy Charlie O’Connor.]

We are all politicians and we all have our political perspectives. There will always be differ- ences and we will sometimes need to dot the i’s and cross the t’s, but I hope that we all have concerns about those families in our communities who suddenly find themselves in seriously challenging positions. People who were quite comfortable until fairly recently, suddenly have challenging issues facing them. They have to go to the local social welfare office and the CWO. They have serious issues relating to their mortgages and other expenses. The Government should be concerned about these things. They are nearly as serious as security. I hear everybody saying that the first priority of the Government must be the security of its people. Security does not just mean keeping us safe from terrorism. It also means keeping us safe from everything else that will affect families. It is a fact that people are being affected by the current situation, particularly in respect of mortgages. Families are often finding it quite a struggle to deal with these issues. I have been made redundant in my lifetime, and I am now dealing with constituents who have those same difficulties. They want to know from politicians what is being done about it. People are saying to us that there should be some process where the Government looks at the difficulties encountered by families. Something should be done about assisting families. We know that there is huge demand on local services in our communities. MABS is doing a great job under a lot of pressure. Workers from the Society of St. Vincent de Paul in every com- munity can tell us what they have had to do in recent times. We all have tried to help. I was involved in a number of initiatives with other colleagues over Christmas where the society had to respond in an even more difficult way than it ever did before. People’s homes and livelihoods are being threatened, and I think they will look at this debate and ask what will be done about the bankers. There is much politics flying around in this debate and I suspect there will be more to come in the next 40 minutes, but people want to know what will be done to assist them. Everybody is saying — even on the Opposition benches — that things will improve and the recession will be over, but in the meantime people are suffering. A number of initiatives have been taken by the Government in recent times on general banking issues, including the introduction of a bank guarantee scheme in September 2008 that covered seven institutions, including branches overseas in certain subsidiaries. Other colleagues have spoken about the recapitalisation of a number of banks, and it is fair enough to talk about that in this debate. A new code of conduct on mortgage arrears took effect on 27 February 2009, and a new code of conduct on business lending took effect last March. These things should be reviewed again, because we have found in the past year that things are changing more rapidly than ever. People want to continue to review these matters and to develop good ideas across political parties. I do not have a difficulty listening to good ideas proposed by colleagues from other parties. I hope the Government will continue to adopt an open approach in these difficult times by considering these matters. If the telephone ringing in the Chamber is for me, I will conclude.

An Leas-Cheann Comhairle: The bell was tolling.

Deputy Pat Rabbitte: I wish to share time with a raft of colleagues.

An Leas-Cheann Comhairle: I understand they are Deputies Sherlock, Kathleen Lynch, Upton, Costello and Ciarán Lynch.

Deputy Pat Rabbitte: The Leas-Cheann Comhairle is very kind.

686 Banking Crisis: 20 January 2010. Motion (Resumed)

Yesterday was a bad day for Parliament. “It goes without saying that the worst financial crisis this country has ever experienced requires an inquiry.” That was the opening sentence of yesterday’s speech by the Minister for Finance, Deputy Brian Lenihan. While I agree with the Minister, what he should have said was, “The worst financial crisis in this country’s history requires a public inquiry.” The inquiry is not public, Parliament has been sidelined and the critical events of the months of September and October 2008 are excluded. We have a private inquiry that is designed to shelter the key players in our economic downfall from public scru- tiny. With evangelical zeal the Green Party continues to see white blackbirds. So much for its demand for “an open public inquiry with meaningful Oireachtas involvement.” If “the worst financial crisis” in our history is not the business of Parliament, what is Parlia- ment’s business? The Irish people who are paying the piper want accountability. They expect to see those responsible for the banking crash made amenable and want to judge for themselves why and how the crash happened. The Government has relegated the process by having it behind closed doors. When the report is finished — hopefully some time in 2011, although it may well be later — Dáil Éireann will be invited in a routine way to discuss its findings after the event. I am sorry Deputy Fleming has left the House. I have some reservations about the wisdom of imposing on the new Governor of the Central Bank the obligation to investigate his staff, nor is it clear that Professor Honohan can discharge such a function without breaching section 33AK of the Central Bank and Financial Services Authority of Ireland Act. The Dáil is being diminished in relevance, while the executive and the judicial arms continue to develop. The Labour Party is convinced that the parliamentary model of inquiry can be a focused, cost-effective, expeditious and fair means of dealing with issues of important public interest, legislative proposals, public accountability of the Executive and its agencies and value for money in respect of public moneys, whether voted by the Dáil or raised from other sources. Our conclusion is that an effective parliamentary power of inquiry is essential to the relevance of parliament to public life in a modern day, representative democracy. The parliamentary inquiry, properly organised and conducted, is a natural extension of parliamentary oversight. The Labour Party Bill would enable such an inquiry which, in turn, would have enhanced Parliament and satisfied the demands of most people who are being burdened with higher taxes and pay cuts to rescue the banks from their reckless behaviour. Our main argument for strengthening the Dáil is that it enhances public accountability. A vigorously active and independent parliament with the powers to investigate matters of serious public importance would ensure the systemic abuses and breakdown of good government high- lighted by the DIRT inquiry, the various tribunals and other inquiries would be less likely to recur. This secret inquiry is an old style Fianna Fáil stroke. Members of the Fianna Fáil Party know well what they are doing. Members of the Green Party, on the other hand, are like those people who visited Knock and damaged their eyesight while staring into the sun. Being in government has dazzled them so badly that they do not recognise that the only thing public about this inquiry is their humiliation by Fianna Fáil. It is amusing to note from the contributions of Fianna Fáil Deputies that an outsider would be forgiven for believing that the motion was tabled by their party. My friend and neighbour, Deputy O’Connor, like many of his colleagues, is upset about partisan politics.

Deputy Charlie O’Connor: I did not say I was upset.

687 Banking Crisis: 20 January 2010. Motion (Resumed)

Deputy Pat Rabbitte: It is extraordinary, it seems, that there should be politics of any kind in the Chamber. Instead, we should all row in behind the Green Party and sail in to the sunset. It is a disgrace and a missed opportunity that this inquiry is being conducted in secret behind closed doors to shelter from public scrutiny the key figures responsible.

Deputy Seán Sherlock: Where else in the world would a government hide behind a Supreme Court judgment and use it as an excuse for not holding an open and informed inquiry? In no other liberal democracy would a Minister for Finance stand before the legislature and, in addressing his justification for an inquiry behind closed doors, refer in one form or another and on no less than six occasions to the global international crisis, while omitting to refer to the political climate underpinning the anatomy of the crisis or the political decisions made that were inherent to its very character. It is extraordinary that the commission of investigation will not reach into the domestic political decisions which gave rise to the crisis. That Ministers for Finance will not be subjected to examination or held accountable for their actions is ludicrous. I am not sure if Deputies on the Government benches are aware of how ridiculous this sounds to people. The Labour Party does not seek retribution, an issue alluded to by others, but it is entitled to seek to have answers provided in public to questions surrounding the role of the Financial Regulator. Why was the regulator able to ride out of “Dodge City” with a €600,000 pay-out without being subjected to an analysis of his performance or at least some scrutiny of his decisions? We also seek an answer in public to the question as to why Anglo Irish Bank continues to exist. We want to know the reason analysts in the city of London were baying for a kill when a substantial shareholder in the bank could no longer cover his position. How could one individual build up a stake of 28% in Anglo Irish Bank through numerous contracts for difference? The hedge funds had a field day on that issue and no one in the Office of the Financial Regulator called time on the madness. I am sure we will never know the reason because an open inquiry will not allow us to ask this very question. Instead, we will have to continue to read the business pages of the broadsheet newspapers to glean the knowledge we so desperately need to make honest appraisals. If there is a sound economic logic for the continuance of Anglo Irish Bank, let the case be made publicly in order that those who elect us can adjudicate for themselves. As a society we need to learn valuable lessons from this period in our economic history. We want Ministers for Finance to be subjected to rigorous questioning in the public interest. The only way we can achieve this is through a transparent process that stands up to political scrutiny. By not having this inquiry in public we add to the moral turpitude that has underpinned this society for too long. We want the facts to fit the preconceptions. As long as a veil of secrecy exists, we will not make the changes that are necessary to move on in a real sense.

Deputy Kathleen Lynch: While every area has suffered as a result of the weather conditions of recent weeks, I can speak only for the area I know best. Before the President visits my area on Friday, the road to Dunamore will have to be completely resurfaced and rebuilt. It is the only road in the area which will resurfaced because the county council does not have sufficient funds to do what is necessary. This story could be repeated all over the country, including Wexford, Dublin and Tallaght. The unusual event that will occur on Friday is that the president will accept that all roads in County Cork are as perfect as the one she will drive on. She will be like a queen, thinking there are new roads everywhere she goes. The county council does not have enough money to

688 Banking Crisis: 20 January 2010. Motion (Resumed) redo the roads. In Cork the water system is turned off at 9 p.m. every night because the water system cannot hold the pressure. This is as a result of our economy going down the tubes. We have a country in dire need of infrastructure such as schools, roads, water and all of the facilities a developed economy should have. Instead we are bailing out the banks to such an extent that our economy will take years to recover. The people expected to bail out the banks are those who sit here every day and serve this country, firemen and county council workers. They are all taking a hit in order to bail out the banks. The Government has decided that the inquiry into the failure of the banking system will be held in private. The Government knows that if this was to be done in public, those who are angry at having their pay cut and not having decent roads to drive on would revolt when they see what really happened. I refer to the lack of regulation and the Minister who continually told us that regulation is a dead hand, that regulation should be lighter or that we should have none. That is the scenario that brought us to where we are. We have heard this scenario from Fianna Fáil backbenchers, telling us of the trouble their constituents are in with mortgages and telling us about companies going out of business because they cannot get cash flow from the banks. We are not to know what happened and we will never know what happened. This inquiry is designed to take Fianna Fáil past the next election. A Fianna Fáil backbencher said today that the only focus is on Brian Cowen. It is not. We would like to know what Charlie McCreevy did during all of this and we would like to hear from Deputies Bertie Ahern and Mary Harney. I will not mention the Green Party at this stage because its members do not appear to want to come to the House. The Minister for the Environment, Heritage and the Environment, Deputy John Gormley, is like the Saatchi & Saatchi of this Government. He is on the television every time I look and on the radio every time I listen but he is never in the House. The economy is going down the tubes as a result of greed and lack of regulation. We will not be able to see the very people charged with investigating what happened in this country, who they are questioning and what are the answers. We will eventually get a report that will lead us to another report yet the ordinary person who works every day of the week will pay not just for the crisis but for the investigation this Government has decided we are not entitled to see. It is a disgrace and I am more than surprised at certain members of the Government who are allowing this to happen. I know that certain Members on the Government side are distinctly uncomfortable with what is happening. It is about time their voices were heard.

Deputy Mary Upton: The Government’s decision not to hold a public inquiry into the bank- ing crisis is nothing short of a disgrace. It is an insult to our intelligence to pretend this is a public inquiry; it is anything but. Anyone with an interest in politics and current affairs has read the many books dealing with how decisions were taken in smoky rooms, almost always by men who claim to know what was best for their country. In politics, construction and banking, it appears a small coterie of people effectively decided the policy of the State and the impact this would have on citizens. They behaved as if they had all the answers and were masters of the universe. They were wrong then and Government is wrong now to hold what is in effect a private inquiry. It seems this Government is so desperate to protect itself and the bankers who ran rings round it for years that it has truly lost touch with the people of the country. The citizens of Ireland realise that they and their children will pay for the mess the Irish economy is in for years to come. They know the excessive mortgages, which hundreds of thousands of people are saddled with, are a direct result of the banking policy to triple bank credit relative to GNP

689 Banking Crisis: 20 January 2010. Motion (Resumed)

[Deputy Mary Upton.] in just 11 years. They realise the banks will not lend enough money for years to come as they desperately seek to repair their balance sheets. The public wants openness, honesty and a real investigation into what went wrong in the Irish banking and financial sectors, why it went wrong and who is responsible. This requires a public investigation, not a report conducted in private. The only Oireachtas oversight proposed is that of the committee packed with and chaired by Fianna Fáil Members. The Government is so petrified of having to take responsibility for its actions during the Celtic tiger that it is willing to sanction a whitewash. If we are to learn the lessons from the collapse in Irish banking and to ensure this will never happen again, we must have a public inquiry that deals with every facet of the crisis in an open and transparent manner. I listened to Deputy Mulcahy last night when he was asked about the timeframe of this inquiry and whether it would include September 2008. He gave the usual evasive answer about his opinion. We are not interested in opinions; we want facts. From reading this, it appears to the rest of us that anything beyond September 2008 or from the beginning of September 2008 is outside the remit of this investigation. So much happened beyond that date but we get opinions and no facts. This means the banking guarantee is not within the remit of the investi- gation. Is this because the Government does not want it to emerge how it was hoodwinked by the bankers into offering blanket support to the Irish banks? Is it because the Government does not want the public to realise how much it knew about the perilous state of Anglo Irish Bank? To limit the terms of the investigation to September 2008 is a whitewash. Everything the Government has done with the banking system flows from the bank guarantee scheme hatched one night in Government Buildings. The Labour Party voted against the bank guaran- tee, which was the right decision. Bailing out banks to the tune of €11 billion, nationalising Anglo Irish Bank and establishing NAMA all became necessary because the Government had to take these actions once the guarantee was in place. Otherwise, the guarantee would have been called upon, thus bankrupting the State. Another matter must be addressed by an inquiry and may not be addressed by the Govern- ment’s private inquiry. I refer to the complicity of the media in stoking the property bubble. A few years ago, property was such a big earner for newspapers that the properties sections were often as large as the rest of the newspaper. The media happily quoted the pet economists of the banks, who told us the property sector remained strong and the fundamentals were sound. One could hardly open a newspaper without being told of the mythical property ladder. Where is the property ladder now? Is it stored away in someone’s garage, has it been repos- sessed or is the property ladder to be purchased by NAMA, perhaps with a 30% discount meaning the loss of the few steps? The role of the media and others with a financial interest in effectively scaring people into purchasing houses at grossly inflated prices, with the threat that they had to get on the ladder, needs to be investigated by a public inquiry.

Deputy Martin Mansergh: Hear, hear.

Deputy Mary Upton: Conducting what is a private inquiry that does not cover September 2008 means we run the serious risk of getting very little real information, not getting all the answers and not learning from our mistakes so we can ensure this will never happen again. The amendment from the Government is designed to provide a convenient smokescreen that edits some of the most important timeframes within which the major decisions were taken. We need an opportunity to see the uncut version of the film and read the unedited script.

690 Banking Crisis: 20 January 2010. Motion (Resumed)

Deputy Ciarán Lynch: I thank my Labour Party colleagues and others who have spoken on this motion. The most-read document in Ireland this month will not be a book on the bestseller list — it will be the individual payslips and social welfare receipts of thousands of people whose household incomes are dropping month by month. The Government’s proposals 8o’clock for bailing out the banks are linked to the decisions it announced in the recent budget. As they look at the bottom right-hand corner of their payslips, people will ask why their simple expectations for themselves, their families and their children have vanished without a trace. They do not understand why they are being told to take responsibility for picking up the pieces after the biggest economic crisis this country has ever faced. Why are they being asked to take a share of the responsibility, having received none of the benefit? To answer this question, we must understand that we face a political crisis as well as a financial one. The crisis has been caused by Fianna Fáil’s governance of the economy and the policy decisions it made over the past decade. I refer to decisions on issues like property tax relief; soft touch regulation; the triangular relationship between the Fianna Fáil-led Government, developers and bankers; and the operation of our system of political funding. Such decisions were not made in the boardrooms of AIB, Bank of Ireland or Anglo Irish Bank, or on a building site — they were made in this House. Those who implemented such policies should be held accountable to this House through an inquiry conducted by their peers. It might be difficult to state when exactly this financial and political crisis started, but we know for sure that it did not end in September 2008. The proposal to undertake an inquiry that does not extend beyond that date is simply outrageous. It is proposed to examine how the heat was applied, but not to question how the Government reacted on the night the pot boiled over. At that time, the Minister for Finance said in this Chamber that the fundamentals were sound, that everything was in place, that there was nothing to be worried about and that the banks had the cash they needed to hand. In October 2008, the Financial Regulator told us that the financial fundamentals were sound. On the morning we were due to travel back to Dublin after the summer recess, Members of the Dáil woke up to hear that following major nego- tiations with the banks, legislation was to be introduced to guarantee bank deposits. The Mini- ster told us at that time that the system to be introduced would deal with the financial situation without costing the Exchequer a cent. We have moved so far since then that matters of Exchequer accountability are now discussed in terms of billions and trillions of euro, with millions of euro being in the tuppenny ha’penny place. Rightly or wrongly, a significant percentage of the public believes there was collusion, if not a conspiracy, between Fianna Fáil, developers, builders and bankers and that this ultimately led to the crashing of the economy. It is rightly regarded as suspicious that 40% of disclosed donations to Fianna Fáil between 1997 and 2007 came from the construction and development sector. Does this explain why over 80,000 houses that were surplus to requirements were built at the height of the property bubble, when house price records continued to be set? Does it explain why rules governing mortgage lending went out the window and repayment periods were extended from 20 years to 35 years and beyond? Does it explain why trusted banking approaches, involving a duty of care to customers and strict income lending and property value ratios, no longer applied? Does it explain why, according to this morning’s newspapers, 300,000 homes are lying empty throughout the country at a time when 56,000 people are in need of housing? Ultimately, does it explain why so many home owners are facing negative equity and living with the real fear of having their homes repossessed? If, as Fianna Fáil frequently asserts, there is no conspiracy, it is in that party’s interests to provide for a full public inquiry and thereby assert its good name.

691 Banking Crisis: 20 January 2010. Motion (Resumed)

[Deputy Ciarán Lynch.]

In his response this evening, I would like the Minister for Finance to state without any mental reservation that the system of inquiry he has proposed will suffice to examine thoroughly all the evidence and to allay public suspicion on this matter. The Green Party have suggested that they will demand the assertion of certain principles during this investigation. It seems to me that a quotation from Groucho Marx applies in this context: “those are my principles, and if you don’t like them... well, I have others.” Obviously, that is what the Green Party has said to Fianna Fáil in recent days. It was suggested last evening that the judgment in the case of Maguire v. Ardagh prevents future parliamentary inquiries from dealing with certain matters. However, research conducted by me, and by the Oireachtas library and research service on my behalf, shows that the ruling does not in any measure prohibit or prevent the Oireachtas from inquiring into policy matters or into the activities of the holders of public office. On that basis, those who hold or have held public office can be questioned in this House and in public view. There is no impediment to such an inquiry, regardless of the fig leaf behind which Fianna Fáil or the Green Party might choose to hide. There is a facility whereby former and past members of the Government can be questioned in public on their activities and roles over the past ten years. Taken together, the collapse of our banking system, the failure to monitor the system and the manner in which lending, prudence and financial governance were allowed to get out of control represent one of the biggest scandals in the history of the State. It is crucial to our country’s future that a banking inquiry works and is seen to work. Ultimately, such an inquiry should relate not only to the reputation and management of the banking sector, but also to the reputation of this House and the manner in which we conduct our business.

Deputy Joe Costello: I thank my colleagues for sharing time with me. I am glad to see the Minister, Deputy Brian Lenihan, in the House. I consider this to be the biggest crisis and scandal in the history of the State. If we are to deal with something of that nature, it is extremely important that we do so in a proper fashion. Our democratic proposal would include the Oireachtas in a public, rather than a secret, inquiry. It is not good enough that the Government is proposing a convoluted hybrid tripartite inquiry, with no guarantee of any element of it being in public. It is an insult to taxpayers, who are having to take up the burden of underwriting the €500 billion guarantee scheme and the €7 billion recapitalisation programme, as well as NAMA and the taking into public ownership of Anglo Irish Bank. Taxpayers are already paying through the nose as a result of the three most recent budgets, which hit them very hard. It is likely that similar bills will come from the Government for four more years, in order to pay for what the bankers have done. If we cannot respond by telling the taxpayer we will do a decent job of exposing those who bought us to this stage, what are we doing in this House? As public representatives, we have been elected by the taxpayers to represent them. The least we can do is provide a thorough, comprehensive and transparent inquiry for them. If such an inquiry is to deliver the goods, it should reveal how it happened, why it happened and who is responsible for it. It should make it possible for the relevant sanctions to be imposed on those people. That is what we are doing here tonight. The Minister is trying to turn down the covers. Keep it as tight as possible and do not allow questions on the €500 million guarantee or the decisions made by successive Ministers and taoisigh. It will not be relevant unless we can get to the nub of the problem, namely, where and how decisions were made. The public must be able to see that we are properly representing them in this House.

692 Banking Crisis: 20 January 2010. Motion (Resumed)

Minister for Finance (Deputy Brian Lenihan): I welcome that the House is in agreement on the need for a preliminary inquiry. The reports of the two preliminary inquiries will shape the terms of reference of the commission of inquiry. The Oireachtas will also be consulted on these terms of reference. It has been suggested by the Labour Party that the legislation controlling the Central Bank may constrain the ability of its Governor to carry out the inquiry on the lines proposed by the Government. The advice of the Attorney General is that such an exercise is within the scope of his functions. Legal constraints certainly exist in regard to what the Central Bank or its officers may say in public about confidential data relating to financial institutions but the same applies to regulators throughout Europe and the rest of the world. These constraints arise in part from EU law, which protects certain types of data collected by central banks and financial regulatory bodies, but that does not mean the Governor cannot undertake the preliminary inquiry requested of him by the Government. Professor Honohan is in an especially good position to carry out this inquiry because he has full access to papers and information within the Central Bank and is therefore in a better position than an independent person. Using this unique access, he will be in a position to report fully on the performance of the respective functions of the Central Bank and the regulator in the period since the establishment of the regulator, having regard to its statutory position. There is no prohibition on the Governor giving his analysis of the performance of functions within the regulatory system nor on presenting in his preliminary report appropriate conclusions based on his study of the relevant documentation. He is not barred from expressing in a report his opinion on these matters or on the financial system generally. Most important, there is no prohibition on the Governor giving his guidance and advice on the appropriate scope and terms of reference of the com- mission of inquiry based on his research and access to data. For these reasons, I believe the Governor is in an ideal position to carry out the task the Government has requested him to perform. Questions were raised by Deputies Burton, Kenny and Noonan in regard to the time limit of September 2008. The Government has taken the view that the purpose of these inquiries should be to identify, examine and report on the causes of the systemic failures which have occurred in the banking system and which require the State to allocate significant amounts of scarce resources to financial institutions. That is the matter for which the public wants answers. If we do not understand how and why this crisis arose, we will not learn the lessons that will prevent it from ever happening again. The inquiries are not being established to investigate the present Government’s response to the crisis.

Deputy Joan Burton: That is the out.

Deputy Brian Lenihan: The Government’s response is a matter of extensive public record and has been intensively debated over many hours in both of these Houses and in the public arena. The Taoiseach has answered questions in this House twice per week since the crisis began 18 months ago.

Deputy Kathleen Lynch: He should answer more.

Deputy Brian Lenihan: The Government remains fully accountable to the Oireachtas on all matters of policy. Deputy Burton made the criticism that wrong practices which may have occurred in the banks or regulatory system since September 2008 will not be investigated. I

693 Banking Crisis: 20 January 2010. Motion (Resumed)

[Deputy Brian Lenihan.] want to make it clear that such wrongdoing was a continuation of previous practices and can as such be investigated in the preliminary inquiry. Deputy Noonan asked whether the inquiries will investigate the response of Departments and State agencies. The Government’s amendment to the motion clearly states that the prelimi- nary reports should consider the international social and macro-economic environment which provides the context for the recent crisis in the banking sector.

Deputy Pat Rabbitte: The old Jesuit education cannot be beaten.

Deputy Brian Lenihan: Although we should not pre-empt the issue given that the Dáil will undoubtedly express a view on the terms of reference, one of the themes which the Govern- ment believes the statutory inquiry should examine is the response of relevant Departments and State agencies, including the linkage between the banking crisis and overall economic management. The role of Ministers as heads of Departments clearly falls within this examin- ation. That is a matter the Government would like to be included in the terms of reference. Deputy O’Donnell raised the question of why an inquiry cannot be held in public. The Oireachtas will be involved in public and once disputed issues of fact are determined by the commission, the entire matter can proceed in public.

Deputy Kathleen Lynch: Will that be written into the legislation?

Deputy Brian Lenihan: The framework for investigation chosen by Government is the most effective and efficient available to it. In order to establish the facts, it is necessary to provide an investigation with statutory powers. We are all aware of the limitations placed on the Oireachtas by the Supreme Court in this regard. A committee of the Oireachtas cannot be a court of judgment on private individuals and cannot find on matters of fact.

Deputy Emmet Stagg: It never wanted to.

Deputy Brian Lenihan: For an investigation to proceed speedily and in a cost effective manner——

Deputy Michael D. Higgins: It can investigate.

Deputy Brian Lenihan: As the Labour Party takes the view that a toxic triangle is in oper- ation, clearly it has already judged the facts before hearing the case.

Deputy Michael D. Higgins: The judgment has been misrepresented.

Deputy Brian Lenihan: For an investigation to proceed speedily and in a cost effective man- ner, it must be able to conduct its business in private.

Deputy Ruairí Quinn: I wish to share my time with Deputy Eamon Gilmore, with the per- mission of the House.

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

Deputy Ruairí Quinn: This is my first opportunity to address the Minister for Finance in this House and I wish him well in his personal battle.

694 Banking Crisis: 20 January 2010. Motion (Resumed)

Time allows me to make three points very briefly. We have just heard some evidence of the first, that Fianna Fáil is staging a cover up of its administration since 1997 and particularly since 2002. We will undoubtedly pursue that in due course. My remaining two points are more important to our current situation. The reasons given for preventing this Parliament from conducting its affairs are an insult to republican democracy in this State.

Deputy Michael D. Higgins: Hear, hear.

Deputy Ruairí Quinn: It is outrageous to think that Fianna Fáil could mobilise weird decisions and interpretations of a Supreme Court judgment to justify the Minister’s decisions. I recall when the corruption of the beef scandal, which was closely associated with Fianna Fáil activists and others, was uncovered by the media in 1989. Demands for a tribunal of inquiry were vigorously resisted. The then Minister for Agriculture and Food, Michael O’Kennedy, was on his feet where the Minister for Finance now sits to explain why an inquiry would not take place. However, a very courageous minority leader in the coalition Government of the day, Mr. Des O’Malley, warned the then Taoiseach that he would leave Government if an inquiry did not take place. Over the weekend, a would-be courageous leader of the Green Party who has exactly the same leverage called for an open inquiry which would be conducted by the Oireachtas and accountable to the citizens of this State, yet he does not have the courage to enter this Chamber. The Green Party has rolled over on the matter. What was promised by Senator Boyle through the media over the weekend and articulated with great passion and conviction by the Minister for the Environment, Heritage and Local Government, Deputy Gormley, has simply been swept aside. We all know that the glue which holds Fianna Fáil together is its everlasting desire for power. The Taoiseach would no doubt have responded in exactly the same way as Deputy Bertie Ahern and Charlie Haughey. If the Green Party really has the courage of its convictions, the Minister for Finance would be announcing the same U-turn as his predecessor, Mr. O’Kennedy, made in regard to the beef tribunal. Sadly, we have the Minister, Deputy Gormley, rather than Des O’Malley.

Deputy Eamon Gilmore: I join my colleagues in wishing the Minister for Finance well in the personal challenge he faces. I thank Members for their contributions to this debate and my colleague and Labour Party finance spokesperson, Deputy Burton, for proposing the motion on a public inquiry into what happened in the banking system. In ten minutes’ time, every Member of the House will have a choice to make. That choice is either to vote for the Labour Party motion proposing an open public inquiry into what happened in all aspects of the banking system or to settle for the Fianna Fáil amendment to the motion which proposes some type of private, behind-closed-doors exercise that will be limited in its scope and which may well be restricted in its legal capacity. It will be no more than an inquiry in name. Let us be clear about what the Labour Party is calling for. We are proposing a public inquiry to be conducted by an Oireachtas committee, that is, a committee of the elected representatives of the people, whose hard-earned tax money is going to fund the banks and whose businesses, jobs and earnings are being sacrificed so that Irish banking can be subsidised by the State. We propose that this Oireachtas committee should under legislation be given the power to appoint an investigator to carry out an investigation on a professional basis and to produce a book of

695 Banking Crisis: 20 January 2010. Motion (Resumed)

[Deputy Eamon Gilmore.] evidence on which appropriate witnesses, including bankers, regulators, public officials and Ministers, will be questioned in public about what happened to the banking system and its consequences for the economy. The Government has sought to represent this choice as one between what the Government is proposing in its amendment to the Labour Party motion and a tribunal of inquiry that will cost a lot of money and might last forever. That is a false choice because nobody has suggested — certainly not the Labour Party — that there should be an inquiry of tribunal. We have proposed that there should be an Oireachtas committee, similar to that which undertook the DIRT inquiry, and that such an inquiry be carried out expeditiously. Second, the Government line has been that one cannot have the type of inquiry that is proposed by the Labour Party because somehow it would be legally impeded from carrying out its work. In defence of that position the Government cites the Abbeylara judgment. We have addressed that difficulty by proposing a Bill which was prepared by Deputy Rabbitte and published last week which would give the Houses of the Oireachtas the power of inquiry available to every other Parliament I know of, would afford the committee the right to appoint an investigator and would delineate the difference between that type of public inquiry and the type of liability that would be imposed on people for criminal or civil purposes. The arguments being made by the Government in opposing the Labour Party motion are false. The true Fianna Fáil position on this motion is that it does not want an inquiry into banking at all. When we first raised this with the Taoiseach before Christmas it was clear from his response to me that he and his party did not want an inquiry. Instead they wanted this matter brushed under the carpet. However, faced with the prospect of the Labour Party motion on this week’s Order Paper the Government has cobbled together an amendment, a set of proposals it is calling an inquiry. Fianna Fáil is spinning it to those gullible enough to believe that what it proposes would somehow be as effective as a public inquiry. It will not be effective for several reasons. First, what Fianna Fáil is proposing would be unnecessarily lengthy, comprising three or four stages, including a report by the Governor of the Central Bank, a preliminary investigation to be conducted in private and a commission of inquiry which would conduct its business in private. Only then would a report be presented to us. Although dates are indicated by which various stages of this process should be completed, we all know that, as has happened in the case of every commission of inquiry that has been appointed to date, additional time will inevitably be sought if those dates are not met. If a commission of investigation is established at the end of June, as proposed by the amendment, the summer will intervene and it will be autumn before it starts its business. We can safely predict that by the end of 2010, the first report that will come from the commission of investi- gation will be one seeking additional time. Second, the role being proposed for the Oireachtas is purely minimal and superficial. The Oireachtas committee or Members of the Oireachtas will be briefed on what the private investi- gations and commissions are doing in the early stages but thereafter it is only at the end of the process that the report of the commission will be laid before the Oireachtas in the same way as the annual report of a State body, with no commitment that the Oireachtas can do anything about it and certainly no commitment that the Oireachtas can follow it up by examining those who are brought before it. Third, what is being proposed in this amendment is legally restricted. I heard the Minister for Finance argue, as has been pointed out by the Labour Party, that there are certain restric- tions on what the Governor of the Central Bank can do and say. Section 33AK of the Central Bank Act 1942, as amended by the Central Bank and Financial Services Authority of Ireland

696 Banking Crisis: 20 January 2010. Motion (Resumed)

Act 2004, clearly states that the Governor may not comment publicly on matters that are regarded as commercially sensitive involving the regulated institutions. Of course the Minister is correct that the Governor is not prevented by that provision in the legislation from making a report, offering his opinion on the terms of reference of a commission of inquiry or any matter, or reaching general conclusions about what happened in the banking system. He could probably do that now without any need for the provisions in the Government’s proposal. However, he cannot comment on the relationship between the Central Bank and the individual institutions, an issue that is central to the entire matter. Without that relationship being exam- ined, an inquiry would be quite weak and worthless. Perhaps the most significant omission from the Government’s proposal is the exclusion of its own role in the process. The Minister has said that the purpose of the so-called inquiry now proposed by Fianna Fáil is to examine the causes of what happened in the banking system. Deliberately excluded from the process is Fianna Fáil’s own role in the handling of the banking crisis, including what happened in September 2008, namely, the series of meetings with rep- resentatives of banking institutions which led to the Government’s decision to introduce a blanket guarantee that has ended up with the taxpayer having of necessity to take responsibility and carry the can for what happened in banking. An issue deserving of particular consideration is the situation where Anglo Irish Bank was given a guarantee in circumstances where we now know it was a delinquent bank engaged in irresponsible lending and had to be nationalised within months of securing that guarantee. All of this will be excluded from the terms of the inquiry. I challenge the Minister for Finance to show how one can properly examine the causes of the banking crisis if one cannot examine the management of the crisis by the Government and make connections between that and the causes of the crisis, particularly in so far as those causes relate to failures of policy. I am not surprised Fianna Fáil has taken this position in regard to the Labour Party motion. That party clearly does not want an inquiry that would at a minimum expose the policy failures of various Ministers for Finance, the present Taoiseach in particular, and the obligation that would be on them to account for their policy handling and management of banking during their terms of office. That is the least worse scenario as far as Fianna Fáil is concerned. At worst what might be exposed is the pivotal role of the party in the toxic triangle that brought about the banking crisis, the collapse in construction and the consequences for the economy. What I am surprised and disappointed at is the position of the Green Party.

Deputy : Deputy Gilmore is making allegations to the House.

An Leas-Cheann Comhairle: The Minister should allow the Deputy to conclude.

Deputy Billy Kelleher: He is making allegations.

Deputy Eamon Gilmore: When I heard——

Deputy Billy Kelleher: The Deputy is making allegations about a party.

An Leas-Cheann Comhairle: Will the Minister allow the Deputy to conclude?

Deputy Billy Kelleher: Allegations are being made.

An Leas-Cheann Comhairle: The Deputy is concluding. Please allow him to do so.

697 Banking Crisis: 20 January 2010. Motion (Resumed)

Deputy Billy Kelleher: The Deputy is making allegations. Talk about independent views in the Oireachtas.

An Leas-Cheann Comhairle: The Chair heard allegations against no one.

Deputy Billy Kelleher: I heard them where I am sitting.

Deputy Eamon Gilmore: I believed him when I heard Senator Boyle outline the Green Party’s principles on this matter, that the inquiry would have to be open, public and have Oireachtas involvement. When I heard that the Minister, Deputy John Gormley, was going to see the Taoiseach, and was going to insist on a public inquiry——

Deputy Billy Kelleher: Deputy Gilmore would come to an inquiry with preconceived views, as would his whole party.

Deputy Eamon Gilmore: ——I believed him——

An Leas-Cheann Comhairle: Please, Deputy.

Deputy Eamon Gilmore: ——because I believed that the Green Party, of all parties, under- stands what has happened in the economy and what has happened in banking is a consequence of bad planning, and the political relationship to bad planning is as a consequence of prop- erty speculation——

Deputy Bobby Aylward: That is absolute nonsense. Talk about playing to the gallery.

Deputy Eamon Gilmore: ——and of unsustainable practices and lending by banks.

Deputy Billy Kelleher: We will be blamed for Lehman’s next.

Deputy Eamon Gilmore: What I did not expect, and what I am grossly disappointed about, is that the Green Party should have so easily sold the pass.

Deputies: Hear, hear.

Deputy Eamon Gilmore: The Green Party has a decision to make tonight. It is a decision that goes to the heart of everything the party has stood for, namely, matters relating to planning and the sustainability of the economy, principles that the Labour Party shares with it. This decision goes to the heart of everything the Green Party stands for. If its members decide that they will stand not with their principles, but with Fianna Fáil tonight, then they have come to a position where they are not even passengers in this Fianna Fáil Government——

Deputy Bobby Aylward: That is because the Labour Party is looking for their votes.

Deputy Eamon Gilmore: ——they are merely hitchhikers who will be ditched out at the first crossroads.

Deputies: Hear, hear.

Deputy Pat Rabbitte: We will never get them to get out of the car voluntarily.

Amendment put.

698 Banking Crisis: 20 January 2010. Motion (Resumed)

The Dáil divided: Tá, 78; Níl, 73.

Ahern, Bertie. Kenneally, Brendan. Ahern, Michael. Kennedy, Michael. Ahern, Noel. Killeen, Tony. Andrews, Barry. Kitt, Michael P. Andrews, Chris. Kitt, Tom. Ardagh, Seán. Lenihan, Brian. Aylward, Bobby. Lowry, Michael. Blaney, Niall. McEllistrim, Thomas. Brady, Áine. McGrath, Mattie. Brady, Cyprian. McGrath, Michael. Brady, Johnny. McGuinness, John. Browne, John. Mansergh, Martin. Byrne, Thomas. Martin, Micheál. Calleary, Dara. Moynihan, Michael. Carey, Pat. Mulcahy, Michael. Nolan, M.J. Collins, Niall. Ó Cuív, Éamon. Conlon, Margaret. Ó Fearghaíl, Seán. Connick, Seán. O’Brien, Darragh. Coughlan, Mary. O’Connor, Charlie. Cregan, John. O’Dea, Willie. Cuffe, Ciarán. O’Donoghue, John. Curran, John. O’Flynn, Noel. Dempsey, Noel. O’Hanlon, Rory. Devins, Jimmy. O’Keeffe, Batt. Dooley, Timmy. O’Keeffe, Edward. Fahey, Frank. O’Rourke, Mary. Finneran, Michael. O’Sullivan, Christy. Fitzpatrick, Michael. Power, Peter. Fleming, Seán. Power, Seán. Flynn, Beverley. Roche, Dick. Gogarty, Paul. Ryan, Eamon. Gormley, John. Sargent, Trevor. Grealish, Noel. Scanlon, Eamon. Harney, Mary. Smith, Brendan. Haughey, Seán. Treacy, Noel. Healy-Rae, Jackie. Wallace, Mary. Hoctor, Máire. White, Mary Alexandra. Kelleher, Billy. Woods, Michael. Kelly, Peter.

Níl

Allen, Bernard. Deenihan, Jimmy. Barrett, Seán. Doyle, Andrew. Behan, Joe. Durkan, Bernard J. Breen, Pat. English, Damien. Broughan, Thomas P. Enright, Olwyn. Bruton, Richard. Feighan, Frank. Burke, Ulick. Ferris, Martin. Burton, Joan. Flanagan, Charles. Byrne, Catherine. Flanagan, Terence. Carey, Joe. Gilmore, Eamon. Clune, Deirdre. Hayes, Brian. Connaughton, Paul. Hayes, Tom. Coonan, Noel J. Higgins, Michael D. Costello, Joe. Kehoe, Paul. Coveney, Simon. Kenny, Enda. Crawford, Seymour. Lee, George. Creed, Michael. Lynch, Ciarán. Creighton, Lucinda. Lynch, Kathleen. D’Arcy, Michael. McCormack, Pádraic. Deasy, John. McEntee, Shane. 699 Banking Crisis: 20 January 2010. Motion (Resumed)

Níl—continued

McGinley, Dinny. O’Sullivan, Maureen. McGrath, Finian. Penrose, Willie. McHugh, Joe. Quinn, Ruairí. McManus, Liz. Rabbitte, Pat. Mitchell, Olivia. Reilly, James. Morgan, Arthur. Ring, Michael. Naughten, Denis. Shatter, Alan. Neville, Dan. Sheahan, Tom. Noonan, Michael. Sheehan, P.J. Ó Caoláin, Caoimhghín. Sherlock, Seán. Ó Snodaigh, Aengus. Shortall, Róisín. O’Donnell, Kieran. Stagg, Emmet. O’Dowd, Fergus. Timmins, Billy. O’Keeffe, Jim. Tuffy, Joanna. O’Mahony, John. Upton, Mary. O’Shea, Brian. Varadkar, Leo. O’Sullivan, Jan.

Tellers: Tá: Deputies Pat Carey and John Cregan; Níl: Deputies Emmet Stagg and Paul Kehoe.

Amendment declared carried.

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

The Dáil divided by electronic means.

Deputy Emmet Stagg: Given that I was a teller in the vote, in accordance with the Standing Orders of the House and given the importance of the matter before us, I think it only appro- priate to give an opportunity in particular to the Green Party to take a walk of shame through the lobbies. I call a vote to vote be taken by other than electronic means.

An Leas-Cheann Comhairle: The vote will proceed.

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

The Dáil divided: Tá, 78; Níl, 73.

Ahern, Bertie. Curran, John. Ahern, Michael. Dempsey, Noel. Ahern, Noel. Devins, Jimmy. Andrews, Barry. Dooley, Timmy. Andrews, Chris. Fahey, Frank. Ardagh, Seán. Finneran, Michael. Aylward, Bobby. Fitzpatrick, Michael. Blaney, Niall. Fleming, Seán. Brady, Áine. Flynn, Beverley. Brady, Cyprian. Gogarty, Paul. Brady, Johnny. Gormley, John. Browne, John. Grealish, Noel. Byrne, Thomas. Harney, Mary. Calleary, Dara. Haughey, Seán. Carey, Pat. Healy-Rae, Jackie. Collins, Niall. Hoctor, Máire. Conlon, Margaret. Kelleher, Billy. Connick, Seán. Kelly, Peter. Coughlan, Mary. Kenneally, Brendan. Cregan, John. Kennedy, Michael. Cuffe, Ciarán. Killeen, Tony. 700 Banking Crisis: 20 January 2010. Motion (Resumed)

Tá—continued

Kitt, Michael P. O’Donoghue, John. Kitt, Tom. O’Flynn, Noel. Lenihan, Brian. O’Hanlon, Rory. Lowry, Michael. O’Keeffe, Batt. McEllistrim, Thomas. O’Keeffe, Edward. McGrath, Mattie. O’Rourke, Mary. O’Sullivan, Christy. McGrath, Michael. Power, Peter. McGuinness, John. Power, Seán. Martin, Micheál. Roche, Dick. Moloney, John. Ryan, Eamon. Moynihan, Michael. Sargent, Trevor. Mulcahy, Michael. Scanlon, Eamon. Nolan, M. J. Smith, Brendan. Ó Cuív, Éamon. Treacy, Noel. Ó Fearghaíl, Seán. Wallace, Mary. O’Brien, Darragh. White, Mary Alexandra. O’Connor, Charlie. Woods, Michael. O’Dea, Willie.

Níl

Allen, Bernard. Lynch, Kathleen. Bannon, James. McCormack, Pádraic. Behan, Joe. McEntee, Shane. Breen, Pat. McGinley, Dinny. Broughan, Thomas P. McGrath, Finian. Bruton, Richard. McHugh, Joe. Burke, Ulick. McManus, Liz. Burton, Joan. Mitchell, Olivia. Byrne, Catherine. Morgan, Arthur. Carey, Joe. Naughten, Denis. Clune, Deirdre. Neville, Dan. Connaughton, Paul. Noonan, Michael. Coonan, Noel J. Ó Caoláin, Caoimhghín. Costello, Joe. Ó Snodaigh, Aengus. Coveney, Simon. O’Donnell, Kieran. Crawford, Seymour. O’Dowd, Fergus. Creed, Michael. O’Keeffe, Jim. Creighton, Lucinda. O’Mahony, John. D’Arcy, Michael. O’Shea, Brian. Deasy, John. O’Sullivan, Jan. Deenihan, Jimmy. O’Sullivan, Maureen. Doyle, Andrew. Penrose, Willie. Durkan, Bernard J. Quinn, Ruairí. English, Damien. Rabbitte, Pat. Enright, Olwyn. Reilly, James. Feighan, Frank. Ring, Michael. Ferris, Martin. Shatter, Alan. Flanagan, Charles. Sheehan, P. J. Flanagan, Terence. Sherlock, Seán. Gilmore, Eamon. Shortall, Róisín. Hayes, Brian. Stagg, Emmet. Hayes, Tom. Stanton, David. Higgins, Michael D. Timmins, Billy. Kehoe, Paul. Tuffy, Joanna. Kenny, Enda. Upton, Mary. Lee, George. Varadkar, Leo. Lynch, Ciarán.

Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Emmett Stagg and David Stanton.

Question declared carried.

701 Job 20 January 2010. Creation

Adjournment Debate.

————

Job Creation. Deputy Kieran O’Donnell: I wish to share my time with Deputy Deenihan.

An Leas-Cheann Comhairle: That is agreed.

Deputy Kieran O’Donnell: I thank the Chair for allowing me to raise this most important of issues. I also thank the Minister of State, Deputy Calleary, for being here to deal with the issue. A key factor is that the mid-west task force was established in February 2009 in the wake of the announcement by Dell that more than 2,000 people would lose their jobs as a result of the closing of its manufacturing facility in Limerick. I very much welcome the fact that Dell con- tinues to provide more than 1,000 high-end jobs in Limerick and we hope that 9o’clock number will increase. This report emerged from the fact that a significant number of jobs were going to be lost in Limerick and the mid-west region. This task force was established nearly 11 months ago. Its report was completed and published within a short period by July 2009. Yet we find some seven months later that little if any of its recom- mendations have been implemented. That is not good enough. A person of the eminence of Denis Brosnan took on the job of chairing this task force. It is extremely important that his recommendations and those of the other members of the task force are taken are taken on board. I note with regret that the IDA did not partake in work of the task force. The report’s recommendations are varied and in its executive summary up to 20 issues are raised. I wish to deal with a number of specific recommendations that should have been implemented with immediate effect. The report states that Limerick and the mid-west region should be made a priority region for foreign direct investment. Yet we find that since the announcement by Dell, not one single IDA-backed job has been created in Limerick or in the neighbouring counties of Tipperary or Kerry. A total of 134 jobs were created in County Clare last February, around the time the task force was established. However, 2,500 new IDA- backed jobs went to Cork, Dublin, Kildare and Galway. The majority of the mid-west region did not get one.

Acting Chairman (Deputy Joe Costello): The Deputy’s three minutes are well up.

Deputy Kieran O’Donnell: I am speaking for four minutes so I have another minute. I thank the Acting Chairman. Another issue is that of promotion of the Limerick region. Of the €53 million tourism and economic development plan, only €6 million has been dedicated to this, in the form of funding for the Limerick-Shannon gateway. The report recommends that such funding should be pro- vided and there should be a proper marketing strategy. How will the European Globalisation Fund work in practice? This is a fund of €23 million, consisting of €8 million of taxpayers’ money from the Irish Government and €15 million from the EU. When will it be fully up and running and how can it be accessed? This is a key issue for people who want to become entrepreneurs. I want to hear good news from the Minister. What we want is action. The Minister for Enterprise, Trade and Employment says she will not resource the implementation of the report’s recommendations. That must change. The mid-west has become the forgotten region;

702 Job 20 January 2010. Creation this must no longer be the case. I want the Minister of State to tell the House that the recom- mendations of the report will be implemented, that Limerick and the mid-west will be the number one priority for foreign direct investment, that jobs will be created and that the global- isation fund will be accessible.

Deputy Jimmy Deenihan: I thank Deputy O’Donnell for sharing time with me. The report of the mid-west task force has major implications not only for the immediate region, but also for north Kerry, which is quite close to Limerick city. Indeed, we look more towards Limerick city than to Cork city. It was unfortunate that the terms of reference of the report did not include north Kerry from Tralee northwards. When the task force was established by the Minister, she assembled a high-powered group which was the envy of those in many other areas. Most of those people participated in the task force on the basis that action would be taken on their recommendations. They are busy people who do not waste their time. They received such a commitment at that time. Now, they are disappointed and disillusioned. Next Friday they will have a press conference for politicians. I will not pre-empt what they will say, but I suspect they will be critical of the Government. They put their time into producing this report and they now feel their time will have been wasted unless there is some effort to implement their recommendations. The task force report contained a good proposal for a large cargo facility at Shannon Airport. My understanding is that the group approached the Government for support for this proposal, but to date it has received no response. I hope the Minister of State, Deputy Calleary, who is a pragmatist and in whom I have great confidence, will relay to the Minister how disillusioned these people are with the way in which she has responded to the recommendations of the task force despite her previous commitment.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I thank Deputies O’Donnell and Deenihan for raising this issue and acknowledge the regular contact we have received from Deputy O’Donnell on the issue of the globalisation fund over the past number of months. As the House is aware, the mid-west task force completed an interim report which was presented to the Minister by the chairman, Mr. Denis Brosnan, last July. A number of national and local issues were dealt with in the report. All measures taken by the Government to address the downturn in the economy have benefited regions including the mid-west region. The measures taken by the Government were outlined fully in an initial response by the Minister to the recommendations of the task force in late September of last year. Given the wide range of recommendations in the report, the Minister also brought the report to the attention of the Cabinet, and it is currently being further considered in a number of Departments, as well as my own, following the recent budget. The Minister and I are very grateful for the work undertaken by Mr. Brosnan and the other members of the task force, and I will continue to keep the task force informed of the Govern- ment’s work on matters covered in the interim recommendations. The task force identified a number of issues for further study in its final report, which we look forward to receiving. Over the coming weeks I intend to visit Limerick and I have no difficulty in meeting members of the task force to discuss their specific concerns about its implementation. As the Deputies will be aware, the European Globalisation Fund, EGF, was approved by EU budgetary authorities in late December 2009 and we anticipate the transfer of EU funds later this month. Provision has also been made under my Department’s Vote, as Deputy

703 Substance 20 January 2010. Abuse

[Deputy Dara Calleary.] O’Donnell recognised, for the national financing element. The timeframe permitted for eligible expenditure under the fund is September 2011. We are continuing with the implementation of the suite of EGF-funded measures. For example, FÁS has already provided guidance services and training courses to over 1,500 workers affected by the closure of the Dell plant in County Limerick. My Department will be the managing authority for EGF funding in the State, while the Department of Education and Science, FÁS and Enterprise Ireland will be designated inter- mediate bodies for funds transfer, reporting and monitoring purposes. Approved funding will be made available to public beneficiaries delivering services on the ground to eligible redundant workers. All intermediate bodies must certify expenditure in their areas of responsibility and report to my Department, and all expenditure must adhere to relevant EU and national accounting and auditing procedures. It is imperative that the wide suite of EGF-assisted measures being provided to eligible redundant workers is co-ordinated in the most effective and efficient manner locally and regionally. To that end, the Minister and I have charged FÁS with establishing a dedicated EGF co-ordination unit in Limerick to ensure that all relevant supports are co-ordinated on the ground in a timely, effective and efficient manner. The unit will act as the primary co- ordination agency for the Department in the implementation of the EGF programme for Dell worker supports. A manager of that unit will be appointed in the next week to act as a contact person for any queries. This week, FÁS is contacting all relevant redundant workers to inform them of the supports being offered with EGF assistance in the areas of training, skills, entrepreneurial supports — which were mentioned by Deputy O’Donnell and which I agree should be a particular focus of the fund — and further and higher education. It is also inviting workers to a two-day infor- mation fair in early February at which all service providers will be in attendance to detail their programmes and supports, to answer queries and to provide for course registrations. A steering group will be established to include worker representative bodies in order to ensure that the views of the redundant workers and other key stakeholders are made known and fed into the implementation process. In the first week of February I will be going to Limerick to meet representatives of the redundant workers and hear their views at first hand. I will also seek to meet the Oireachtas Members from the mid-west. A review of the operation of the EGF will be undertaken by the Department in June of this year to ensure that all measures are being taken in a timely fashion and that all expenditure is reached within the designated period.

Substance Abuse. Deputy Deirdre Clune: I thank the Ceann Comhairle for allowing me to raise this important issue which is of particular concern. I am alarmed at reports in the media in recent weeks about head shops, although such shops and the products they sell have existed for quite some time. Throughout the country there has been an alarming increase in the number of outlets offering products which, while not illegal, are highly dangerous, according to certain reports, and should not be freely available without any form of control or regulation. They have been described as “legal highs” and “party drugs”. I am particularly concerned about reports from health care workers in the past number of weeks, particularly media interviews with Dr. Chris Luke, a consultant in emergency medicine

704 Substance 20 January 2010. Abuse in Cork, who stated that in one weekend the accident and emergency department of Mercy University Hospital, Cork, had dealt with five cases associated with the use of such products. Four of the patients had to be brought to the hospital by ambulance. Dr. Luke described the reaction as being extraordinarily severe and a number of weeks ago, one girl took three days to stop tripping in the emergency department from the effects of such products. The symptoms have been described as being the classic symptoms of those who use illegal drugs, with reports of psychotic episodes, disorientation and hallucinations. I visited a head shop today in Dublin and bought the product I have to hand. It cost €30 for five capsules and on the front of the package is written “Blow, intense euphoria, 18 year olds plus”. I will leave it with the Minister of State who should pass it over to the relevant Minister. On the back of the package, the product is described as a plant food that is not suitable for human consumption. What kind of legal loophole or regulation is this packaging trying to get around? On the one hand, it promises intense euphoria for 18 year olds only, but on the other, it claims to be only suitable for plants.

Deputy Pádraic McCormack: It must be for dogs.

Deputy Deirdre Clune: God help the poor plants as the ingredients are described as being ketones mix, herbal extracts and glucose. This is alarming and is highly dangerous. A selection of products were freely available in the shop without regulation. Moreover, no one asked me what I intended to do with the pills or how I intended to take them. There is a complete free- for-all in respect of the sale of such products in the shops. Serious concern exists among parents, health professionals and young people. The problem is that such products are not regulated and are legal. They are being sold as legal highs and people are buying them who would not use illegal drugs at all but who find themselves in a sorry and sad state. Someone will end up in a highly serious condition unless something is done to regulate such products and to ensure that their sale is controlled. The Minister of State should outline exactly what the Government proposes to do regarding this issue about which demonstrations are taking place. There was a demonstration today about the situation in County Roscommon and public meetings are being held nationwide. Parents want to see action in this regard as the present position is not good enough. While the Minister of State probably thinks it is amusing that I was able to buy this product so freely, it is frighten- ing to enter such an establishment and see the number of products that are for sale on an uncontrolled basis. It is simply a case of handing over the €30 in cash. This is a serious situation as 100 such shops exist nationally. While there has been much media coverage on this issue, the most important consideration for me is the concern expressed by medical professionals about the complete lack of control over such products.

Deputy Dara Calleary: I am taking this Adjournment matter on behalf of my colleague, the Minister for Health and Children, Deputy Harney, and I welcome the opportunity provided by Deputy Clune to make a statement to the House on the issue of head shops. The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with Ireland’s obligations under international conventions or where there is evidence that the substances are causing significant harm to public health in Ireland.

705 Tourism 20 January 2010. Promotion

[Deputy Dara Calleary.]

Items for sale in the so-called head shops, such as those referred to by Deputy Clune, and which often are referred to as legal highs, are substances which are not controlled at present under the misuse of drugs legislation. The list of scheduled substances is kept under ongoing review and in particular any evidence that solicitors are being abused and are causing significant harm to public health is reviewed. For example, in 2006, psychotropic or magic mushrooms, which were on sale in such outlets, were banned and their possession and sale now is illegal. On 31 March 2009, BZP was similarly subjected to legislative control measures and criminal sanctions. The Government has concerns about the growth in the number of head shops, their activities and the health risks associated with some of the products sold. The issue of head shops also is of concern throughout the European Union and all member states are considering how to address the issue. However, no EU member state has come up with a comprehensive response thus far. Under the national drugs strategy, which was published by the Minister of State, Deputy Curran, on 10 September 2009, it is intended to monitor the activities of head shops and all businesses involved in the sale of psychoactive substances with the objective of ensuring that no illegal activity is undertaken. It also proposes that steps be taken to reform legislation in this respect where it is deemed to be appropriate. To this end and under the aegis of the national advisory committee on drugs, a research advisory group has been established to iden- tify possible options for the regulation of head shops. The Departments of Community, Rural and Gaeltacht Affairs, Justice, Equality and Law Reform, Health and Children, Revenue’s Customs Service and other relevant statutory agencies are actively participating in this process. Legislation was introduced in the United Kingdom immediately before Christmas to control a number of substances and groups of substances that have been on sale in head shops. The Department of Health and Children, which has statutory responsibility for the drafting of mis- use of drugs legislation, is currently reviewing that legislation to ascertain how similar controls could be introduced in Ireland. I also will bring the Deputy’s specific experience today to the attention of the relevant Minister.

Tourism Promotion. Deputy Simon Coveney: I am glad to raise one of the real good news stories in respect of sport and economics to have taken place in the past 12 months and which I believe has not received sufficient recognition of its success. Many people perceive sailing to be a minority sport that may be exclusive to those who are lucky enough to be able to afford to buy a boat. The Volvo Ocean Race stopover or visit to Galway, which took place last summer over a two- week period from the end of May to the beginning of June, blew that entire concept out of the water. There was a net benefit to the economy of Galway and the western region in general of just under €60 million over those two weeks. A total of 600,000 visits were made to the race camp in Galway and to Salthill. Almost 90,000 people came from outside Galway and from abroad to visit the city of Galway and Galway Bay as a venue for sailing and for recreation. Moreover, we were blessed with fantastic weather at the time, as well as a large group of both volunteers and professionals, who made it all work well. The experiences during those two weeks of everyone to whom I have spoken have been highly positive. We struck gold with the Galway stopover for the Volvo Ocean Race. This race has cumulat- ive television and radio audiences of 1.3 billion and approximately 235 million, respectively, and has been recognised by Bord Fáilte and other bodies as the biggest sporting tourism event since the Ryder Cup in 2006. If one considers the recognition afforded to the success of the

706 Tourism 20 January 2010. Promotion

Ryder Cup in Ireland, one begins to realise the potential of such an event, which no one outside sporting or sailing circles had expected. Although 90% of those who visited during this period knew nothing whatsoever about sailing, this constitutes a great example of how a relatively small Government sponsorship of €8 million could produce a return of approximately €60 million, as well as being a huge promotional event for Galway and the west of Ireland. The race starts again in 2011 and we must ensure that Galway as a destination again is factored into the organisers’ thinking for the next race. As the decision will be made by mid- March this year, the Government must campaign actively to ensure this happens because there is a lot of competition for Galway this time around. However, Galway was recognised by the organisers as being the most successful stopover of the last race and we must ensure this happens again the next time around.

Deputy Pádraic McCormack: I thank my colleague, Deputy Coveney, Fine Gael spokes- person on the marine, for his support for the Volvo Ocean Race stopover in Galway. The Galway committee, headed by John Killeen, already has lodged its bid and its submissions to the Volvo Ocean Race organisers to have Galway selected as a stopover venue for the 2012 ocean race. The committee has received notice that it has a deadline of 29 January to have in place a pledge from the Government to the effect that the necessary grant of approximately €6 million would be forthcoming for 2011 or 2012 and such a pledge is necessary to have the committee’s bid even considered. However, were such a pledge or letter of comfort to be supplied by the Minister, Galway, which is on a short list of three sites, would have a great chance of being selected as a stopover stage for the 2012 race. This pledge of financial support from the Government would be repaid to the Exchequer one hundred fold if Galway and Ireland again secured the stopover. Nationally and internationally it is recognised that Galway was one of the outstanding stopovers and was a huge success last year both from the point of view of the Volvo Ocean Race and the benefit to Galway and surrounding areas, which is estimated to have generated up to 200,000 bed nights in May and June last year. Fáilte Ireland is strongly supporting the Galway bid and an independent report by Ernst & Young established that last year’s event generated €60 million in expenditure by people outside a 40 km radius of Galway. The investment, if forthcoming from the Govern- ment, would be a gilt edge investment. Last year, the Galway committee headed by John Killeen, John Concannon, Fáilte Ireland and Enda O’Cuinnin had the vision, courage and tenacity to pursue this dream which culminated in the outstanding success of the Galway stop- over and which surpassed the wildest dreams and expectations of everyone. I acknowledge the support of the Galway Harbour Board, Galway City Council, Galway County Council and the hundreds of volunteers who worked on this. I appeal to the Minister and the Government for the necessary financial commitment which will enable Galway and Ireland to again secure a stopover for the race in 2012. The benefits to Ireland of the international publicity that this would attract is immeasurable.

Deputy Dara Calleary: I thank the Deputies for raising the issue. As both of them stated, the matter of applying to the organisers of the Volvo Ocean Race to host a stopover of the event is primarily the responsibility of the host port, which is comparable, for example, to the manner in which a golf venue bids with the PGA European Tour to host the Irish Open. The promoters who initiated the process that led to the Volvo Ocean Race stopover in Galway during 2009 are again seeking Government support to bring the race back to Galway in 2012.

707 Tourism 20 January 2010. Promotion

[Deputy Dara Calleary.]

The 2009 stopover was strongly supported by the Government, with funding being provided through the international sports tourism initiative operated by Fáilte Ireland. A sum of €5 million was provided in 2008 and a further €3 million in 2009 as part of a special and dedicated Government funding commitment to secure the Irish stopover. The total funding of €8 million provided by Ireland comprised a port rights fee of €5 million, seed funding to activate the Irish team and secure branding on the boat of €2 million and €1 million towards the building of a number of infrastructure items such as pontoons, which have remained in place as a legacy of the event. As both Deputies said, the 2009 stopover was generally considered to be a success. An economic impact study of the race stopover in Galway, carried out by Deloitte, found signifi- cant favourable impact to the State and to the west, in particular. The study found the overall impact of the race on Ireland was almost €56 million — almost double the expected impact. The higher than forecasted economic impact was due mainly to a greater number of overseas visitors than was originally foreseen. Within the overall expenditure, more than €24 million was earned in “invisible exports”, that is, through spending by international visitors and partici- pants. More than 200,000 accommodation bed nights were associated with the event, which attracted 40,500 overseas visitors to Galway. In late 2009, Let’s Do It Global, the Irish corporate promoters of the event, approached the Government seeking financial support for a bid for Galway to host a stopover of the Volvo Ocean Race 2011-2012. Since then the proposal has been considered by the Department of Arts, Sport and Tourism and representatives of other relevant Departments and State agencies. Despite general support across Departments and agencies for the proposal, funding of the magnitude required from outside the existing budget lines is not available for the project in current financial circumstances. Should specific funding become available, the Department and Fáilte Ireland have indicated that they are broadly sympathetic to Ireland hosting the event again and they acknowledge the possibility of again leveraging significant economic and pro- motional benefits across different sectors and interests.

Deputy Simon Coveney: The deadline will have passed and the route will have been chosen by then.

Deputy Pádraic McCormack: The deadline is 29 January.

Deputy Dara Calleary: The current overall Exchequer position is not favourable towards the provision of funding for such large-scale sports tourism events. There are pressures on the tourism services budget of the Department and that position is unlikely to change in the next few years. The current commercial funding environment is difficult and I fully understand why the Irish promoters wish to first secure a commitment to public funds to provide a more attract- ive and persuasive proposition to potential commercial sponsors.

Deputy Pádraic McCormack: That is the whole point.

Deputy Dara Calleary: The confirmation of one or several private sector sponsors at this stage would be essential to strengthen the promoters’ case for State support. However, the Minister for Arts, Sport and Tourism and his Department has continued to engage with the promoters with a view to considering and assessing the case for support and will revert to them in due course. I will bring the Deputies’ concerns about the impending deadline to his attention tomorrow.

708 School 20 January 2010. Libraries

Deputy Pádraic McCormack: If they have not made a submission before 29 January, their case will not be heard.

School Libraries. Deputy Michael P. Kitt: I thank the Ceann Comhairle for allowing me to raise the issue of the school library service, SLS, which is available in every county. There are structures in place to provide school books to every national school in a county on a rotating basis. For example, the books purchased by the service in Galway are made available to all schools in the city and county. Every school is visited twice a year. They return books that have been read and they are provided with a new and different selection for the upcoming term. A number of reading projects run by the SLS have been of great benefit to schools, including the class novel scheme under which any school that wishes to read a class novel during a term can borrow up to 15 copies. The novels are written by well known authors and some are chosen to reflect aspects of the curriculum such as Irish history. Other projects included the Interschool Book Club, which forges links between schools, the Big Books project for infants and parents and the Reading Tree project. The SLS has been in place in County Galway for 40 years. It has survived some lean and tough years and it would be a shame if all the hard work that was put into building up this service should be wasted if provision is not made in the Estimates. The school book grant provided by the Department of Education and Science amounts to €2.1 million for the entire State. It is a small sum in the context of the €8 billion budget of the Department. This resulted in an allocation of €117,000 for County Galway or €4.50 per child in 2008, which is a small percentage of the Department’s budget. The Department of the Environment, Heritage and Local Government and local authorities more than match the grant of the Department of Education and Science, as they cover the salaries of professional librarians and the cost of library vans and book materials. The grant was not available in 2009 and I would like it to be reintroduced in 2010. I hope the library service can be part of the smart school programme, under which €150 million will be provided for laptops and whiteboards. The restoration of the book grant for the SLS requires only €2 million. There is a danger with all the focus on the technology that we will forget about reading. Reading should be encouraged from a young age and reading for pleasure should not become a thing of the past. It is important that this facility be provided and, as a former teacher, it is important that we encourage both reading and writing. I used to welcome the library van to the school in which I taught and I hope that service will continue. I had the privilege of serving as a Minister of State in the Department of the Environment, Heritage and Local Government and I had responsibility for libraries. I pushed hard for library development and I would be disappointed if, while this Department was promoting library services, the Department of Education and Science did not restore the book grant. I appeal to the Minister to restore the grant, to encourage both the reading of books from an early age and the rotation and exchange of books and to show that recreational reading is something we treasure in this country, particularly in our primary schools.

Deputy Dara Calleary: I thank Deputy Kitt for raising this issue and I acknowledge the work he did as a Minister of State at the Department of the Environment, Heritage and Local Government. I will reply to him on behalf of the Minister, Deputy O’Keeffe, and the Minister of State, Deputy Haughey.

709 The 20 January 2010. Adjournment

[Deputy Dara Calleary.]

The Deputy is aware that a number of difficult decisions have had to be taken with regard to the management of the public finances. In this regard, education, while a priority for the Government, could not be completely spared. These decisions included the decision to discon- tinue the funding the Department made available to local authorities to support school library services. The priority of budgets since October 2008 has been to provide as much as possible of available resources directly to schools. Unfortunately, it was not possible in this context to continue to provide funding, which in 2008 amounted to just over €2 million, to local authorities to support school library services. The Minister strongly believes in the importance of encouraging reading. Literacy is an essen- tial life skill through which children access all areas of the curriculum. Educational policy places a central emphasis on ensuring that the needs of children with literacy difficulties are identified and addressed early. Standardised testing in English reading and mathematics has been intro- duced for all children at two stages of the primary cycle, and a range of intervention measures are provided in the form of professional development of teachers, provision of learning support, and additional supports for children with learning disabilities. Under the DEIS strategy additional teaching and non-pay funds are provided to schools designated as disadvantaged and there are three specific projects. The reading recovery prog- ramme is a school-based early intervention programme designed to reduce literacy problems in schools. It provides intensive individual help for children who have not responded to the standard instructional programme in reading and writing after one year in school. A total of 228 DEIS schools are now included in the reading recovery programme, with 54 of these included in 2009-10 school year. An additional 2,017 children are being taught throughout Ireland in 2009-10, bringing the total to 6,908 to date since the programme was introduced in 2001. It is expected that 550 teachers in total will have been trained in this programme by June 2010. The first steps initiative is a research-based literacy resource including professional develop- ment courses and support materials for primary teachers. The overarching aim of first steps is to support schools as they help all children make measurable and observable progress in langu- age and literacy development. Teacher-training in first steps will continue. There are a number of strands to the first steps programme; the three being introduced to urban DEIS schools are first steps writing, first steps reading and first steps speaking and listening. A total of 332 DEIS schools are now included in the first steps programme. This roll-out will continue in 2010. The junior certificate school programme, JCSP, literacy strategy promotes a whole-school approach to literacy development at junior cycle. The JCSP literacy strategy encourages schools to involve all subject teachers in adopting specific techniques in teaching the literacy demands of their subject areas. A between the lines literacy handbook and training video were produced and distributed to schools in 2002 and they form the basis of the teacher training. The JCSP demonstration library project began in 2001 and school libraries were established initially in ten schools. The libraries are staffed by full-time qualified librarians. A total of 25 DEIS schools are included in the demonstration library project. I again thank Deputy Kitt for raising this matter.

The Dáil adjourned at 9.45 p.m. until 10.30 a.m. on Thursday, 21 January 2010.

710 Questions— 20 January 2010. Written Answers

Written Answers.

————————

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].

————————

Questions Nos. 1 to 8, inclusive, answered orally.

Questions Nos. 9 to 68, inclusive, resubmitted.

Questions Nos. 69 to 77, inclusive, answered orally.

Departmental Staff. 78. Deputy Michael D’Arcy asked the Minister for Defence the number of staff, per grade, within his Department; if the number of staff in his Department is comparable with defence ministries in states with similar sized defence forces; the reason that, following the downsizing of numbers in the Defence Force, a proportionate reduction in the numbers in his Department did not take place; and if he will make a statement on the matter. [2127/10]

Minister for Defence (Deputy Willie O’Dea): The Deputy seems to have tabled the latter part of this question on the basis of a mistaken assumption. In fact, as part of the overall modernisation of Defence, the number of civil servants in my Department has reduced signifi- cantly and, overall, at a slightly faster rate than the reduction in military personnel. The record in Defence is quite different to the trend elsewhere in the civil service. Both the civil service and military elements of the Defence organisation have now achieved the strength levels recommended by the McCarthy report. Overall, as I have said before, the modernisation of the Defence organisation is a public service success story. The structure and organisation of my Department and of the Permanent Defence Force has delivered significant reform and productivity gains over time. The civil servants of the Department of Defence continue to make a very significant contribution to this success story. In their report, the Special Group on Public Service Numbers and Expenditure Programmes, acknowledged the ongoing reform in the Defence Organisation. That report recommended a further reduction in numbers in both the number of civil servants and Defence Force personnel over a period of two to three years. As I have already said, this reduction has in fact already been achieved. 711 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.]

In 1981 employment in Defence totalled 18,063 comprising 15,201 in the PDF, 2,163 civilians employed in barracks and 699 civil servants in the Department of Defence. In 2009 employment reached 11,300 comprising 10,100 in the PDF, 820 civilians employed in barracks and 380 civil servants employed in the Department of Defence. There are currently 344 civil servants in my Department and 270 military personnel in Defence Forces Headquarters. The details are in a tabular statement. The structures currently in place were the subject of extensive review and re-organisation both before and during the drafting of the White Paper. Since then, the Defence Organisation has delivered successfully on a programme of public sector reform. The significant improvements over recent years have engendered a culture of continuous improvement within the Defence Organisation and I am confident that where change is required, it will be quickly identified and implemented. I would like to reassure the Deputy that I remain committed to ensuring that the delivery of services by the Defence Organisation is as efficient and effective as possible. Because structures, roles, taskings and legal allocation of responsibilities vary so widely between countries, international comparisons are difficult and potentially misleading. That said, to the extent that comparison can be made, it appears that the Irish Defence organisation employs considerably fewer civil servants than elsewhere. However, this does not necessarily mean that our organisation is inappropriate to our circumstances.

Department of Defence Civil Servants by Grade* (Whole Time Equivalents)

Grade Nos Serving 1/1/10

Secretary General 1 Assistant Secretary 2 Principal 12.7 Assistant Principal 31.9 HEO/AO 53.13 Executive Officer 70.73 Staff Officer 29.2 Clerical Officer 119.6 Facilities Support (SVOs/Cleaners etc) 24

Total 344.26 *Figures exclude staff of the Civil Defence Board and Staff of the Ombudsman for Defence.

Defence Forces Headquarters by Rank (Current strength)

Lt Maj COL LT Comdt Capt. Total SM BQMS CS CQMS SGTS CPLS Total PTES Total Gen Gen COL Offrs. NCOS

1 2 17 35 52 43 150 2 2 10 6 50 32 102 18 270

Air Accident Investigations. 79. Deputy Róisín Shortall asked the Minister for Defence if he will make a statement on the outcome of the preliminary investigation into the crash of a Pilatus PC-9 in Connemara on 12 October 2009. [1997/10] 712 Questions— 20 January 2010. Written Answers

Minister for Defence (Deputy Willie O’Dea): The accident on the 12 October, 2009 which led to the loss of the lives of Captain Derek Furniss and Cadet David Jevens in Cornamona, Co. Galway is currently being investigated by the Air Accident Investigation Unit, (AAIU) of the Department of Transport. The Preliminary Report into the fatal air accident involving the Air Corps Pilatus PC-9 was published by the AAIU on the 17th November, 2009. This report is available to the public on the AAIU website. The cause of the accident is not determined in this report. Only the facts as known by the Investigation at this early stage are set out. The Final Report, which will be completed within one year of the accident, will provide full analysis of the accident and address causes.

Riot Control. 80. Deputy Charles Flanagan asked the Minister for Defence if he is satisfied that the military police detachment force responsible for the security of Leinster House and Government Build- ings is of sufficient strength to adequately police and secure both buildings in the event of serious riots and so on; and if he will make a statement on the matter. [2140/10]

Minister for Defence (Deputy Willie O’Dea): There is a long standing arrangement for the presence of a Military Police detachment at Leinster House and Government Buildings for security duties and fire patrols. A duty officer is on site on a twenty-four hour basis. These duties are performed in liaison with the Superintendent of the Houses of the Oireachtas. Additional Defence Forces personnel were deployed to the Houses of Oireachtas for critical support services on the day of industrial action by public service unions last November. The Military Police detachment is not tasked with riot control. The primary responsibility for the maintenance of law and order rests with an Garda Síochána. The Defence Forces, pursuant to their role of rendering aid to the civil power, assist the Garda as required in a range of duties, which include the provision of troops for cash escorts, prison escorts and the provision of military guards at a number of vital installations. As part of the Aid to the Civil Power role, the Defence Forces maintain an anti-riot capability in order to meet a contingent and operational capability at home and overseas respectively. The Defence Forces Annual Training Plan provides for training in a broad spectrum of such Aid to the Civil Power related activities. This training plan also includes riot control training and the maintenance of stand-to parties for the purpose of rendering assistance to the Gardaí, if such assistance is sought.

Departmental Expenditure. 81. Deputy David Stanton asked the Minister for Defence the amount expended in 2009 and the amount planned for 2010 for expenditure on the Reserve Defence Force; and if he will make a statement on the matter. [2066/10]

Minister for Defence (Deputy Willie O’Dea): Subhead D of the Defence Vote includes pay- ments for Reserve Defence Force (RDF) training, gratuities, allowances and also includes grants paid into unit funds. The provisional expenditure figure for 2009 is €6,650,806 out of a provision of €8,900,000. The budget for 2010 as set out in the Abridged Estimates Volume, is €4,900,000. It is anticipated that in the context of the finalisation of the Revised Estimates volume this amount will be adjusted to reflect the pay reductions announced in the Budget. This reduced level of funding will be reflected in the number of days available for paid training for Reservists in the coming year. Pending the finalisation of the Revised Estimates

713 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.] Volume, it is expected that the number of days available for 2010 will be approximately 50% of what was available for 2009. Training in the Reserve is comprised of both voluntary and paid training. In light of the reduced paid training day provision, it is anticipated that there will be an increased emphasis on voluntary unpaid training. The allocation of paid training to individual reservists will take account of voluntary unpaid training undertaken. The aim is to ensure that all reservists who complete specified voluntary unpaid training will be afforded the opportunity to avail of a minimum of 7 days paid training. The Reserve Defence Force Review Implementation Plan has provided the framework for the development of the Reserve over recent years. Revised organisation structures came into effect in October 2005 and the Reserve has been re-organised along similar lines to the PDF. In line with the plan, new equipment, clothing and opportunities for improved training have been delivered. As the Plan is reaching its conclusion, there is a requirement to critically exam- ine the progress that has been made to date and to consider options for the future development of the Reserve. This will be informed by the valuable lessons learned from the implementation process. The RDF was selected for review as part of the 2009 — 2011 phase of the Govern- ment’s Value for Money and Policy Review initiative and this Review is scheduled to com- mence in the near future. This review will assist in informing decisions regarding the future development of the Reserve.

Defence Forces Property. 82. Deputy Emmet Stagg asked the Minister for Defence the amount of money raised by the recent sale of six Air Corps Alouette helicopters; the way this money will be used; if he is satisfied that the sale represents value for money; and if he will make a statement on the matter. [1999/10]

Minister for Defence (Deputy Willie O’Dea): The six Air Corps Alouette Helicopters, special tools and spare parts were sold in 2009 following an open tender competition to a French company, Mat Aviation, for €1.431 million. The sale of the helicopters followed on from a tender competition which was advertised on the Department of Finance’s e-tender website. The tender documents were also available from the Department of Defence website and the details of the tender competition were also advertised in Flight International magazine. The records show that over 60 sets of tender documents issued from the Department in connection with the competition and that a total of 12 tenders were received. The tender from MAT Aviation was accepted as it presented the best offer from the monetary perspective. The money received from MAT Aviation was received in the Department and lodged to the Appropriations-in-Aid of the Department’s Vote. I am satisfied that the tendering procedures used in the sale of the Alouette Helicopters were open and transparent and in line with best practice. The price received for the equipment was a fair price given the age and status of the helicopters.

Defence Forces Recruitment. 83. Deputy James Bannon asked the Minister for Defence when he expects normal recruit- ment into the Defence Forces to commence again in view of the his statement on 24 November 2009; the steps he will take to ensure the Defence Forces returns to its authorised membership of 10,500; the timeframe he envisages the Defence Forces reaching 10,500; and if he will make a statement on the matter. [2073/10]

714 Questions— 20 January 2010. Written Answers

105. Deputy Darragh O’Brien asked the Minister for Defence his plans for recruitment into the Permanent Defence Force in 2010; the number of general service personnel he plans to recruit in 2010; when he anticipates commencing this recruitment; and if he will make a state- ment on the matter. [1910/10]

255. Deputy Jimmy Deenihan asked the Minister for Defence if it is proposed to advertise a cadet competition in 2010; and if he will make a statement on the matter in view of the commitment to maintain the strength of the force at 10,000. [2314/10]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos 83, 105 and 255 together. In the context of the Government Decision on the implementation of savings measures on public service numbers and the reduced budgetary provision available for 2010, recruitment to the Permanent Defence Force has been suspended. As I have already stated in the House I have made a submission to my colleague the Minister for Finance regarding the implications of the measures for the Permanent Defence Force. My focus is on the ongoing operational capability of the Defence Forces. The question of limited exceptions to the application of the measures arises in this regard. Within the available resources, I am committed to maintaining the strength of the Defence Forces at a level of 10,000 all ranks, for which I have secured Government approval in the context of Budget 2010. This reflects the reductions in personnel recommended in the Report of the Special Group on Public Service Numbers and Expenditure Programmes. I am advised by the Military authorities that the strength of the Permanent Defence Force as at 31 December, 2009 was, 9,933 comprising 8,095 Army, 801 Air Corps and 1,037 Naval Service. As the numbers in the Permanent Defence Force have dropped below 10,000, recruitment will be carried out in 2010 in order to bring the numbers back to this level. Details of the recruitment campaign for 2010 in relation to the numbers of general service recruits to be enlisted, whether there will be a cadet competition, and the commencement of any such recruitment campaigns are not yet available. Planning for this process is under way. The investment in improved equipment and training made over the past few years means that the Defence Forces are in a healthy state, both in terms of personnel and equipment, to meet the challenges that lie ahead. They have improved in every respect since 2000 and comprehensive reform of structure and human resources has been achieved during the past ten years. I intend, with the support of the Chief of Staff and within the resources available, to retain the capacity of the organisation to operate effectively across all roles while contributing to the necessary public service economies. I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government at home and overseas.

Medical Corps. 84. Deputy Ulick Burke asked the Minister for Defence if, in view of the stated fact in the Defence Services Review that the medical corps is experiencing difficulties in meeting the health needs of the Defence Forces and the statement that medical corps personnel are increas- ingly stretched in service management and delivery, the ability of the Defence Forces to under- take missions at home and abroad has been compromised by the structures, staffing and func- tioning of the medical corps; the actions he will take to correct this; and if he will make a statement on the matter. [2090/10]

Minister for Defence (Deputy Willie O’Dea): Military medical services and facilities exist to maintain the health of the Defence Forces and to support them in operational and overseas

715 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.] activities. The focus of the military medical service is on primary care, occupational medicine, acute trauma management, preventative medical programmes and field medical training. As I have stated previously in the House the challenges in the medical arena have been recognised for some time and a review of the provision of medical services has been ongoing as part of the Modernisation Agenda for the Defence Forces. The PA Report reviewed the medical services required for the Defence Forces in light of their roles and operations, assessed the current arrangements for the provision of medical services and proposed a model for future delivery of medical services. In its assessment of current service delivery the report did find that the Medical Corps is experiencing difficulties in meeting the healthcare needs of the Defence Forces from within its own clinical resources and that Medical Corps personnel are increasingly stretched in service management and delivery. However it found that factors other than clinical need, such as current processes and procedures, are driving high levels of demand for health care services. To address this the Consultants have recommended a programme of major change. The intention is that the difficulties within the Medical Corps will be addressed through the implementation of this programme of changes. The high level recommendations include: a Centralised Command Structure for the Medical Corps and the creation of a Medical Services Management and Administrative Function. This structure will provide strategic planning, resource allocation and overall responsibility for the management and delivery of the medical service. The development of Medical Officer Lead Care Teams together with a re-focussing of medi- cal staff on appropriate clinical tasks. The report also recommends steps leading to a reduction in the number of doctor interventions, medical assessments and better management of health services outsourcing. The Report reaffirms the need for a dedicated Medical Corps and addresses the challenges facing the Defence Forces in recruitment and retention of Medical Officers. In relation to the actions necessary to implement the report I am pleased to inform the House that the governance structure proposed in the report for the delivery of change in this area has been put in place. It consists of a high level steering group composed of senior military and civilian personnel. The role of the Steering Group is to provide planning guidance, clarify the approach to recommendations where required and ensure that the project is implemented effectively. A dedicated Programme Group with civilian and military representatives is now co- ordinating a range of projects. It is progressing a number of the PA recommendations including the structure of the Medical Corps, the alignment of Defence Forces and Medical Corps stra- tegies and the development of medical information systems. Work is also progressing on the recommendations on training and education, clinical issues and the centralised command struc- ture, along with financial arrangements and outsourcing. A number of the working groups that are in place dealing with these issues have already made recommendations which are being considered by the Steering Committee. The development of the Medical Corps forms part of the agreed programme for Govern- ment. This includes the expansion of the capacity of the Medical Corps to deliver a range of medical facilities on UN mandated missions. I would expect substantial progress over the com- ing twelve months in implementing the PA recommendations. I am committed to providing a sustainable medical service to meet the needs of the Defence Forces both at home and abroad. Notwithstanding the current situation I can assure the House that Defence Forces personnel requiring medical treatment are getting the care they need.

716 Questions— 20 January 2010. Written Answers

Defence Forces Reserve. 85. Deputy Thomas P. Broughan asked the Minister for Defence if the steering committee has been established to oversee and manage the value for money review of the Reserve Defence Force; and if he will make a statement on the matter. [1971/10]

Minister for Defence (Deputy Willie O’Dea): In line with the Government’s 2009 — 2011 programme of Value for Money and Policy reviews, The Department of Defence is committed to undertaking a Value for Money Review of the Reserve Defence Force in 2010. A Steering Committee comprising representatives from the Department of Defence, the Defence Forces and the Department of Finance has been established and will have its inaugural meeting in early February. An independent chair for the Steering Committee, drawn from a panel established for this purpose by the Department of Finance, has been appointed. This is in accordance with revised guidelines for the conduct of Value for Money Reviews. The terms of reference for the review will be drafted by the Steering Committee in consul- tation with the Department of Finance. When terms of reference are approved, the Steering Committee will decide on the most appropriate methodology and develop a project plan. It is anticipated that this Review, together with the lessons learned from the Reserve Defence Force Review Implementation Plan, will assist in informing decisions regarding the future develop- ment of the Reserve Defence Force and I look forward to receiving the Steering Committee’s recommendations in due course.

Questions Nos. 86 and 87 answered with Question No. 75.

Defence Forces Property. 88. Deputy Olwyn Enright asked the Minister for Defence if his attention has been drawn to the fact that military officers are still residing in containers in Cathal Brugha Barracks, Dublin, in which for periods in the recent past there has been no electricity, heating or hot water; and if he will make a statement on the matter. [2145/10]

Minister for Defence (Deputy Willie O’Dea): Twenty self-contained en-suite sleeping units were purchased in December 2007 to provide accommodation for military officers in Cathal Brugha Barracks during term time when they were attending third level education courses. While these units are repeatedly referred to as “containers”—they are in fact purpose built living quarters which, for the purposes of military standardisation and transportation, are designed around the size of a standard International Standards Organisation (ISO) container (commonly called a 20’ container). The units are built to meet required standards in terms of insulation and fire resistance meeting all relevant regulations and all are provided with heat, electricity and hot water. They are designed for single occupation only and are allocated on that basis alone. The military authorities have advised me that no reports were received formally by the Barracks Logistics Officer or the Area Engineer Officer in Cathal Brugha Barracks in relation to the lack of electricity, heating or hot water prior to the exceptionally cold spell of weather experienced recently. During the thaw after the recent cold spell, there were some reports of burst pipes in the heating system which have been attended to. Such incidents are not confined to these units and have occurred in locations throughout the Defence Forces.

89. Deputy Róisín Shortall asked the Minister for Defence if the Air Corps Beechcraft air- craft has been put out of commission; his plans to replace this aircraft; and if he will make a statement on the matter. [1998/10]

717 Questions— 20 January 2010. Written Answers

Minister for Defence (Deputy Willie O’Dea): I am advised that, due to maintenance and certification issues, the Beechcraft Super King Air 200 aircraft is permanently grounded. The question of funding a replacement aircraft has to be considered in tandem with the equipment requirements of the Defence Forces generally and the overall funding available. In the current economic environment and given the pressures on the Defence Budget, a replacement aircraft for the Beechcraft is not regarded as a priority and, as such, there is no provision in this year’s Defence Estimate to cover a replacement aircraft. As the Deputy may be aware, a very significant level of investment in new equipment for the Air Corps has taken place in recent years. The comprehensive investment programme included the delivery of Pilatus training aircraft at a total cost of €60m, the acquisition of two light utility EC 135 helicopters at a cost of €12.8 m, the acquisition of six utility AW 139 helicopters at a cost of €75 m and a major mid life upgrade on the two CASA maritime patrol aircraft at a cost of €16.5 m.

Overseas Missions. 90. Deputy Michael Noonan asked the Minister for Defence if Irish participation in MINUR- CAT is scheduled to continue beyond its expiry date in March 2010; the cost involved in the termination of Irish involvement in MINURCAT; the cost involved in extending participation in MINURCAT beyond the scheduled 2010 expiry date for Irish participation; if a decision has been taken; if not, when that decision is scheduled to be taken; if he will inform the Houses of the Oireachtas of his recommendation regarding the expiry or termination of the mission; and if he will make a statement on the matter. [2118/10]

92. Deputy Michael D. Higgins asked the Minister for Defence the progress made in improv- ing the numbers of the planned military force to serve with MINURCAT in Chad; and if he will make a statement on the matter. [1980/10]

97. Deputy Lucinda Creighton asked the Minister for Defence the position regarding the Irish Defence Force participation in MINURCAT; and if he will make a statement on the matter. [2068/10]

102. Deputy Denis Naughten asked the Minister for Defence if he has satisfied himself with the level of back up support being provided to Irish troops in Chad; and if he will make a statement on the matter. [1916/10]

112. Deputy Kathleen Lynch asked the Minister for Defence if the Irish contingent on peace keeping duties in Chad will be maintained at its current strength throughout 2010; and if he will make a statement on the matter. [1984/10]

118. Deputy Jan O’Sullivan asked the Minister for Defence the number of soldiers sent home from Chad with a sports injury since the Irish contingent became involved in peace keeping there; and if he will make a statement on the matter. [1987/10]

259. Deputy Jimmy Deenihan asked the Minister for Defence the medical and casevac facili- ties for Irish personnel serving with the UN mission in Chad; his views of whether the facilities are adequate compared with was provided when the mission was under the EU flag; and if he will make a statement on the matter. [2318/10]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 90, 92, 97, 102, 112, 118 and 259 together.

718 Questions— 20 January 2010. Written Answers

A total of 419 Defence Forces personnel is currently deployed to the United Nations Mission in the Central African Republic and Chad (MINURCAT), the mandate of which expires on 14 March 2010. As outlined in the budget in December 2009, it has been decided that the Defence Forces commitments to overseas peace support operations will be scaled back in 2010 as one of the budgetary expenditure reductions. The operations where Ireland will be reducing its commitments will be KFOR in Kosovo and Operation ALTHEA in Bosnia and Herzegovina. However, in relation to MINURCAT, the Government is committed to retaining the Defence Forces presence in Chad, at its present level, beyond 14 March 2010, subject to renewal by the UN Security Council of MINURCAT’s mandate beyond that date. I will bring proposals to the Government in due course seeking formal approval for the Defence Forces continued participation in this mission beyond 14 March 2010. Had the Government decided to withdraw from MINURCAT, the costs of repatriation of troops and personnel from the UN led mission would have been met by the UN. Certain additional costs arise to the Defence Vote on an annual basis from participation in overseas missions. The additional annual costs for participation in MINURCAT, net of UN reimburse- ments, is approximately €8.0m per annum. As such, withdrawal from MINURCAT would have resulted in a net saving to the Defence Vote of a similar amount. The task of force generation and filling the establishment of the MINURCAT force is the responsibility of the United Nations Department of Peacekeeping Operations. The authorised military strength of MINURCAT is 5,200 personnel. As of 30 November 2009, the military strength of MINURCAT is 2,766 personnel. I understand that the military strength of MINUR- CAT is likely to further increase over the coming months. I am satisfied that the required logistical support of Irish troops currently deployed with MINURCAT is being delivered in accordance with national standards. There are no concerns in relation to Real Life Support for Irish troops at this time. Since the Irish contingent was first deployed to Chad in 2008, two members of the Permanent Defence Force have been repatriated as a result of sustaining sports injuries. During the EUFOR Tchad/RCA operation, a dedicated MEDEVAC helicopter and Aero Medical Evacuation Team (AMET) were stationed in Goz Beida. This helicopter was specially fitted, adapted and certified for the trans- portation of casualties. Currently in MINURCAT, a dedicated Casualty Evacuation (CASEVAC) helicopter is located on a 24/7 basis in the MINURCAT Force Headquarters (FHQ) in Abéché, which is approx 200km (70mins flying time) from the Irish Camp in Goz Beida. There are also two United Nations helicopters based in Goz Beida alongside the Irish Camp, which when authorised by FHQ, can be used for CASEVAC purposes which reduces the airlift response times. All helicopter borne CASEVACs have to be authorised by FHQ. As is the case in all UN-led missions such as MINURCAT, medical treatment is provided for in accordance with UN medical guidelines. These guidelines indicate that a casualty should be seen by a doctor within one hour of sustaining an injury/illness and transferred to a Level 2 Medical facility, similar to that located in Abéché, within four hours of sustaining the injury/illness. All long range patrols conducted by Defence Forces personnel are planned in accordance with this guideline. Standard procedure for Irish troops operating with MINUR- CAT is that a doctor and medical orderly, complete with armoured ambulance, will accompany all long range patrols. This ensures that a soldier injured or wounded on a long range patrol would receive immediate medical (Level 1) attention.

Departmental Expenditure. 91. Deputy Ruairí Quinn asked the Minister for Defence the bodies or agencies, operating

719 Questions— 20 January 2010. Written Answers

[Deputy Ruairí Quinn.] under the aegis of his Department, to which the terms of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 will apply; the estimated reduction in the annual wage bill of each such body or agency; the average reduction in pay in each case; and if he will make a statement on the matter. [1991/10]

Minister for Defence (Deputy Willie O’Dea): The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The terms of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 applies to each of these bodies. The estimated reduction in the annual pay costs and the average reduction in pay are set out in the following table:

Civil Defence Coiste an Asgard Army Pensions Board

Estimated reduction in pay for 2010 (excluding €70,720 €5,252 €4,966 Employer’s PRSI) Average reduction in pay for each person 5.9% 5.8% 5.8%

Question No. 92 answered with Question No. 90.

Medical Corps. 93. Deputy Denis Naughten asked the Minister for Defence the number of medical staff within the Defence Forces; the number who have a psychiatric qualification; the number in each category serving in a medical role here and overseas; and if he will make a statement on the matter. [1917/10]

Minister for Defence (Deputy Willie O’Dea): I am advised by the Military Authorities that the number of Medical staff within the Defence Forces is two hundred and sixty (260), compris- ing twenty (20) Medical Officers, one (1) Psychiatrist, one (1) Psychologist, five (5) Dentists, three (3) Pharmacists, two hundred and twelve (212) Medics and eighteen (18) members of the Army Nursing Service. Of the 260 medical staff a total of sixteen (16) are currently serving overseas. This is broken down as two (2) Medical Officers and fourteen (14) Medics. The two Medical Officers are serving in Chad and of the 14 medics ten (10) are serving in Chad; three (3) are serving in Kosovo and one (1) is serving in Bosnia. Following the publication of the Independent Strategic Review of the Defence Forces Medi- cal Service by PA Consulting, I asked that implementation of the recommendations proceed immediately. As you are aware, the PA Report has recommended a programme of major change. The high level recommendations include: A centralized command structure for the Medical Corps; The creation of a Medical Services Management and Administrative function. This structure will provide strategic planning, resource allocation and overall responsibility for the management and delivery of the medical service; The development of medical officer led care teams together with a re-focusing of medical staff on appropriate clinical tasks; Numerous recommendations leading to a reduction in the number of doctor interventions, medical assess- ments and better management of health services outsourcing. The report reaffirms the need for a dedicated Medical Corps and addresses the challenges facing the Defence Forces in recruitment and retention of Medical Officers. The structure and systems recommended in the PA Report have been designed to meet the demands and needs of the modern Defence Forces at home and overseas and to provide Medi- cal Officers with a fulfilling and rewarding career. To this end a governance structure for the 720 Questions— 20 January 2010. Written Answers delivery of change in this area has now been put in place. It consists of a high level Steering Group composed of senior military and civilian personnel. The role of the Steering Group is to provide planning guidance, clarify the approach to recommendations where required and ensure that the project is implemented effectively. A dedicated Programme Group with civilian and military representatives has also been estab- lished and is now co-ordinating a range of projects. It is progressing a number of the PA recommendations including the structure of the Medical Corps, the alignment of Defence Forces and Medical Corps strategies and the development of medical information systems. Work has also commenced on the recommendations on training and education, clinical issues and the centralised command structure, with a number of Working Groups now established to progress these issues.

Ministerial Appointments. 94. Deputy Liz McManus asked the Minister for Defence when he will announce the new chairperson for the Irish Red Cross; and if he will make a statement on the matter. [1985/10]

Minister for Defence (Deputy Willie O’Dea): Mr. David Andrews, former Minister for Foreign Affairs, was appointed to be Chairman of the Irish Red Cross Society for a three-year period commencing in May 2009. Mr. Andrews retired from this position with effect from the 31 December 2009 as a gesture of recognition of the reform process now under discussion. I commend him for his time and commitment to the Society at home and abroad. The President of Ireland, by virtue of her Office, nominates the Chairman on the advice of Government. A name has not yet been put to Government for consideration but I hope that it will be possible to do so in the coming weeks. In the interim, the Vice Chairman of the Society acts in lieu of the Chairman.

Naval Service Vessels. 95. Deputy Seán Sherlock asked the Minister for Defence his plans for vessel replacement in the Naval Service; and if he will make a statement on the matter. [1994/10]

Minister for Defence (Deputy Willie O’Dea): A vessel replacement strategy for the Naval Service is currently in progress and a tender competition for a ship replacement programme commenced in 2007. The competition sought tenders for the purchase of two Offshore Patrol Vessels (OPVs) and one Extended Patrol Vessel (EPV), with an option for up to two additional vessels. The process comprised two stages — Stage 1, a Request for Proposals and Stage 2, an Invitation to Tender. During 2008, Stage 1 of the tender process was completed and, insofar as the OPVs are concerned, tenders were received in response to Stage 2. Following tender evaluation, a pre- ferred bidder was selected last year and detailed and extensive contract negotiations are now close to conclusion. The decision to proceed with the final award of contract to purchase the OPVs will be subject to Government approval and agreement on funding. Subject to such approval, it is expected that the new vessels will be delivered for acceptance by the Naval Service on a phased basis from 2012. In relation to the larger EPV, Stage 1 of the competition has been completed. Stage 2 will not be initiated until the contract for the OPVs has been concluded. This strategy combined with a continuous process of refurbishment and repair will ensure that the operational capability of the Naval Service is maintained at a satisfactory level. The acquisition of modern new vessels will ensure that the Service will be fully equipped to carry

721 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.] out its day to day roles in enforcing the State’s sovereign rights over our waters and our fisheries and meeting Ireland’s obligations in the area of maritime safety and security and fisheries protection.

Defence Forces Equipment. 96. Deputy Joan Burton asked the Minister for Defence the position regarding the insurance payment of €3.8 million arising from the loss of Asgard II; and if he will make a statement on the matter. [1974/10]

Minister for Defence (Deputy Willie O’Dea): In the context of settling the Estimates for my Department for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. As a result of that decision, the sum of €3.8m representing the insured value of Asgard 11 has been transferred to the Department of Finance as Extra Exchequer Receipts.

Question No. 97 answered with Question No. 90.

Question No. 98 answered with Question No. 77.

Search and Rescue Service. 99. Deputy Pat Rabbitte asked the Minister for Defence the number of patrolling days undertaken by Naval Service vessels in each year from 2005 to 2009; the planned number for 2010; if he has had discussions with the fishing industry or the customs authority regarding the implications for fishery protection and drug smuggling preventative measures for the planned reduction in patrolling days; and if he will make a statement on the matter. [1995/10]

Minister for Defence (Deputy Willie O’Dea): The Naval Service achieved the following patrol days in each year from 2005 to 2009:

Year Patrol Days

2005 1,681 2006 1,658 2007 1,661 2008 1,658 2009 1,588

As part of the Estimates process for 2010, the Department sought to implement measures which would bring about the savings or the equivalent thereof as identified in the Report of the Special Group on Public Service Numbers and Expenditure Programme. As part of this process and to achieve a reduction in current expenditure, I have proposed a cut to the Naval Service patrol days in 2010. The planned number of patrol days for 2010 is 1,480. The Naval Service has a concurrent multi functional role as the State’s primary sea going agency. On any given patrol day the Naval Service can carry out a number of taskings on behalf of other state agencies such as the Sea Fisheries Protection Agency (SFPA), an Garda Síochána and the Customs Service of the Revenue Commissioners. I am therefore fully confident that the Naval Service will continue to meet all taskings assigned to them within the revised patrol pattern for 2010. 722 Questions— 20 January 2010. Written Answers

Defence Forces Strength. 100. Deputy Eamon Gilmore asked the Minister for Defence the level of payroll savings achieved by him in 2009 arising from retirements from the Defence Forces and the enforcement of the embargo; and if he will make a statement on the matter. [1978/10]

Minister for Defence (Deputy Willie O’Dea): The pay and allowances of the Permanent Defence Force (PDF) are provided for in subheads B and C of the Defence Vote. The outturn on those subheads was €539.4m in 2008 and €536.9 in 2009. The 2009 figure includes the carry- over costs of two general pay increases granted under the Towards 2016 agreement during 2008, as well as the full year costs of overseas allowances for the UN mission to Chad (in which the PDF participated for part only of 2008). The 2009 figure does not reflect offsetting receipts of some €21.5m in respect of the pension levy, which was introduced from 1 March 2009. The strength of the PDF was 10,408 on 1 January 2009 and stood at 9933 on 31 December 2009, a reduction of 475. Based on this reduction and assuming that wastage was spread evenly throughout the year, it is estimated that the resulting savings on pay and allowances in 2009 were of the order of €11m.

Departmental Staff. 101. Deputy Willie Penrose asked the Minister for Defence the number of personnel in his Department to whom the full public service pay cuts provided for by the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 will not apply by virtue of circular 28/2009 issued by the Department of Finance on 22 December 2009; and if he will make a statement on the matter. [1990/10]

Minister for Defence (Deputy Willie O’Dea): The Deputy is referring to paragraphs 9 to 11 of Department of Finance Circular 28/2009. Those provisions apply to the civil service grades of Deputy Secretary and Assistant Secretary and other analogous grades/ranks to which a scheme of performance-related awards previously applied but has been terminated. The pay of two Assistant Secretaries in my Department and of ten military officers holding the ranks of Major-General and Brigadier-General has been reduced under the provisions in question.

Question No. 102 answered with Question No. 90.

Departmental Investigations. 103. Deputy Seán Sherlock asked the Minister for Defence the position regarding the investi- gation being carried out into an allegation that a member of the Naval Service was supplying information on patrol vessel movements to drug smugglers; and if he will make a statement on the matter. [1996/10]

Minister for Defence (Deputy Willie O’Dea): I am advised by the Military Authorities that a comprehensive investigation into this allegation has been completed. A Report on the matter has recently been forwarded to the Director of Military Prosecutions who will determine what action, if any, is required under the Defence Act. The Military Authorities have further advised that the individual in question, as is standard practice in such instances, has been redeployed elsewhere within the Naval Service. The Deputy will appreciate that it would be inappropriate for me to comment any further on this matter at this point in time.

Defence Forces Operations. 104. Deputy Bernard J. Durkan asked the Minister for Defence the precise nature, compo-

723 Questions— 20 January 2010. Written Answers

[Deputy Bernard J. Durkan.] sition and operational structures of the national emergency plan; the number of times activated in 2009 and to date in 2010; the chain of command and the sequence in the event of a natural emergency or disaster; if a communications centre is set up and staffed; the number of person- nel activated; the personnel required to attend meetings at national level since the November 2009 flooding; if all have attended; the decisions taken; the actions arising therefrom; if funding was sought or received; if all relevant Departments were activated and co-ordinated such as Civil Defence, the Defence Forces and other statutory bodies involved; if any changes are proposed in the wake of recent experience; and if he will make a statement on the matter. [1189/10]

Minister for Defence (Deputy Willie O’Dea): As the Deputy will be aware, emergency plan- ning in this country is based on the ‘lead department’ principle. This means that each depart- ment is responsible for assessing the risks, making appropriate plans and leading the response to those emergencies that impact on its areas of responsibility. In December 2008, in my capa- city of Chairman of the Government Task Force on Emergency Planning, I brought a document to Government entitled ‘Roles and Responsibilities in Emergency Planning’. This document, for the first time, identified the lead department and the supporting departments and agencies in over 40 emergency scenarios. It was prepared by the Office of Emergency Planning and was agreed by the Government Task Force on Emergency Planning. The Department of the Environment, Heritage and Local Government is designated as the lead department in coordinating the national level response to severe weather emergencies. During the recent severe weather events, that Department chaired meetings of the National Emergency Response Committee, which included senior representatives from Government Departments, the Defence Forces, An Garda Síochána, Met Eireann, the National Roads Authority and other State Agencies that supported the response. The Committee examined all of the issues arising from the severe weather. It provided a forum for sharing of information and helped to bring about a coordinated a ‘whole of government’ response. The National Emergency Coordination Centre was activated in support of the National Emergency Response Committee. Staff from the Office of Emergency Planning (civil and military) managed the Centre on an ongoing basis during the period of the emergency. It should be stressed that the principal operational response to severe weather emergencies takes place at the local level and is coordinated by the local authorities in accordance with the arrangements set out in the Framework for Major Emergency Management. The Defence Forces, in their role as aid to the Civil Power (An Garda Síochána) and aid to the civil authority (i.e. local authorities, HSE, etc.) provided emergency assistance in an effort to alleviate the problems caused by the severe weather. All assets, resources and capabilities of the Defence Forces throughout the country were made available to provide this assistance, as required. The support provided by the Defence Forces included gritting operations carried out on roads, transportation of health care workers and patients, distribution of meals, delivery of water supplies, air ambulance missions and support of flooding relief work. Civil Defence Units provided assistance to the Principal Response Agencies in the worst affected areas and its support included the transportation of medical personnel to those who were ill and transferring patients to hospitals, as well as the delivery of fuel, food and water to isolated areas. I wish to acknowledge the contribution of all those who worked tirelessly in extremely difficult conditions to help alleviate the suffering of those affected by the almost unprecedented severe weather that we have experienced over recent months.

724 Questions— 20 January 2010. Written Answers

As in all emergency responses, lessons can be learned and the Department of Environment Heritage and Local Government will undertake a review of the response to the widespread flooding that took place in November and the outcome of this review will be reported to the Government Task Force on Emergency Planning. I will also be seeking a report for the Task Force on the lessons learned from the recent severe weather response.

Question No. 105 answered with Question No. 83.

Bomb Disposal Unit. 106. Deputy Eamon Gilmore asked the Minister for Defence the discussions he has had with the Department of Justice, Equality and Law Reform in regard to the 78 hoax callouts of the explosive ordinance disposable team from the period from 1 January to 15 November 2009; and if he will make a statement on the matter. [1977/10]

Minister for Defence (Deputy Willie O’Dea): The primary responsibility for the maintenance of law and order rests with an Garda Síochána. The Defence Forces, Explosive Ordnance Disposal (EOD) Team, pursuant to their role of rendering aid to the civil power (ATCP), respond when a request is made by an Garda Síochána, to the relevant Brigade, for assistance in dealing with a suspect device or for the removal of old ordnance. I have not had formal discussions with the Minister for Justice, Equality and Law Reform on this matter. Discussions are normally held at an operational level. There continues to be ongoing cooperation and coordination, through well established chan- nels, between representatives of the Defence Forces and An Garda Síochána. These consul- tations take the form of meetings, discussions, briefings and technical analysis. All EOD oper- ations are discussed at regular meetings of the Defence Forces/Garda Síochána Improvised Explosive Device (IED) Working Group. The Defence Forces also liaise with an Garda Síoch- ána in the technical analysis of evidence recovered from EOD operations.

Social Welfare Benefits. 107. Deputy Joe Costello asked the Minister for Defence if members of the permanent Defence Force are in receipt of family income supplement; and if he will make a statement on the matter. [1975/10]

Minister for Defence (Deputy Willie O’Dea): Family Income Supplement (FIS) is a weekly tax-free payment available to married or unmarried employees with at least one child. It gives extra financial support to people on low pay. The circumstances surrounding an application for FIS and the payment of the supplement is a private matter between the applicant and the Department of Social and Family Affairs. My Department would not be aware, therefore, if members of the Permanent Defence Force are in receipt.

Departmental Expenditure. 108. Deputy Michael D. Higgins asked the Minister for Defence the proportion of GDP was spent on the Defence Forces in 2009; and if he will make a statement on the matter. [1979/10]

Minister for Defence (Deputy Willie O’Dea): The level of expenditure on Defence in any particular country is influenced by a variety of factors, including that country’s political and security environment, its history, demography and economy. Gross expenditure under the Defence and Army Pensions Votes in 2009 was €1,019m. This represents 0.6% of estimated GDP for 2009 (as outlined in the Stability Programme Update of December 2009).

725 Questions— 20 January 2010. Written Answers

Question No. 109 answered with Question No. 74.

110. Deputy Darragh O’Brien asked the Minister for Defence the cost saving and value for money measures being undertaken in the Defence Forces and in his Department apart from those outlined in budget 2010; and if he will make a statement on the matter. [1911/10]

Minister for Defence (Deputy Willie O’Dea): The Defence Organisation is widely recognised as a model of public sector reform. The report of the Special Group on Public Sector Numbers and Expenditure Programmes clearly highlights the fact that the Defence Organisation was unique in the public sector, having downsized over the period from 2001. The downsizing arising from the White Paper on Defence (2000) and previous modernisation initiatives has reduced numbers of civil servants, military personnel and civilian employees across the Defence Organisation. The focus has been on ensuring a fit for purpose Defence Organisation, which maximises value for money. This modernisation agenda has engendered a culture of continuous improvement in the Defence Organisation. Opportunities to reduce expenditure and enhance value for money are constantly sought. The procurement of goods and services is in line with best practice and where possible, opportunities to aggregate the procurement of goods or services with other Departments are actively pursued. The property portfolio has undergone significant rationalis- ation over recent years and a value for money review of military training lands is ongoing and due to be completed shortly. A value for money review of the Reserve Defence Force is commencing and is scheduled for completion in 2010. There is ongoing critical analysis of business processes within my Department and the Defence Forces and I am confident that where a requirement for change is identified, it will be quickly implemented. Maximising value for money remains a key priority for my Depart- ment and the Defence Forces.

Question No. 111 answered with Question No. 76.

Question No. 112 answered with Question No. 90.

Defence Forces Strength. 113. Deputy Charlie O’Connor asked the Minister for Defence the number of personnel currently serving in the Defence Force; the number in each service, army, naval service and air corps; and if he will make a statement on the matter. [1913/10]

117. Deputy Joe Costello asked the Minister for Defence the strength of the Defence Forces; and if he will make a statement on the matter. [1976/10]

122. Deputy Brian O’Shea asked the Minister for Defence the strength of the Army, Air Corps and the Naval Service; the way these compare with the establishment level in each case; his plans for recruitment to the Defence Forces during 2010; and if he will make a statement on the matter. [1970/10]

267. Deputy Bernard J. Durkan asked the Minister for Defence the strength of the Defence Forces at present; if this is sufficient to meet all requirements including overseas deployments; if it is intended or expected to increase the strength of the forces in the foreseeable future; and if he will make a statement on the matter. [2609/10]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 113, 117, 122 and 267 together.

726 Questions— 20 January 2010. Written Answers

The White Paper on Defence of February 2000 sets out a figure of 10,500 personnel for the Permanent Defence Force comprising 930 for the Air Corps, 1,144 for the Naval Service and 8,426 for the Army. The recent Report of the Special Group on Public Service Numbers and Expenditure Prog- rammes recommended that the number of personnel in the Permanent Defence Force be reduced by 500 over a two to three year period as “operational requirements allow.” The reality is that based on current trends, numbers are already reducing within the Permanent Defence Force. The Defence Forces, as do all military organisations, have an unusually high turnover of people on an ongoing basis in order to maintain the age and fitness profile. I am advised by the Military authorities that the strength of the Permanent Defence Force as at 31 December, 2009 was 9,933, comprising 8,095 Army, 801 Air Corps and 1,037 Naval Service. I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government at home and overseas. Under the UNSAS commitment, we have provided for a total overseas deployment of up to 850 personnel at any one time. Our UNSAS commitment remains unchanged. I am acutely aware of the impact of the moratorium on the Defence Forces particularly in light of the very high turnover rate that is part of any military organization. I am monitoring the impact on an ongoing basis in conjunction with the Chief of Staff and Department officials. As part of this process specific requirements have been identified and I am in ongoing contact with my colleague the Minister for Finance with regard to these exceptions to the moratorium which are targeted at maintaining the operational capability and command arrangements of the Defence Forces. To date I have obtained sanction to fill a number of key posts, including Deputy Chief of Staff (Operations), two Brigadier–General posts, and the Director of Military Prosecutions post. I have also received sanction for 100 acting up posts to service operational requirements both at home and overseas. In addition I secured approval for the recruitment of 42 cadets. Furthermore the promotion of 10 Non commissioned Officers whose promotions had been in progress prior to the Moratorium has now been finalized. In addition to the aforementioned an allocation of 50 promotions has been approved for the Permanent Defence Force by the Minister for Finance. These promotions were approved to address priority operational and command requirements of the Permanent Defence Force. These promotions therefore must be allocated in a manner that gives protection to the oper- ational capacity of the Defence Forces. The allocation must be balanced across both officer and enlisted ranks having regard to the operational requirements of the Defence Forces. Military management has been reviewing existing vacancies in all ranks across the organisation as a whole, so as to prioritise those to be filled from the approved promotions. Following on from the Military review a number of priority posts have now been identified and I am pleased to confirm that 9 Officer promotions and 27 enlisted promotions have now been progressed. Some have been completed and the remainder will be completed in the com- ing days. A number of senior technical officer vacancies also have to be filled and competitions are being organized to fill these posts. The residual approved promotions will be used to fill priority posts arising in the next few months. In addition approximately 30 vacancies will be filled through acting up appointments in the coming weeks. Within the available resources, I am committed to maintaining the strength of the Defence Forces at a level of 10,000 all ranks, for which I have secured Government approval in the

727 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.] context of Budget 2010. This reflects the reductions in personnel recommended in the Report of the Special Group on Public Service Numbers and Expenditure Programmes. My officials are continuing to engage with the Military Authorities in relation to the review of structures and posts required to meet the operational requirements of the Defence Forces in light of the Government decision to maintain a complement of 10,000 personnel. The Defence Forces have improved in every respect since 2000 through the implementation of the White Paper. This represents a significant public success story. However the economic reality is such that the Defence Organisation must contribute to the correction of the public finances. I intend, with the support of the Chief of Staff and within the resources available, to retain the capacity of the organisation to operate effectively across all roles while contributing to the necessary public service economies.

Naval Service Vessels. 114. Deputy Pat Rabbitte asked the Minister for Defence the repair work recently carried out to the hulls of the LE Emer and the LE Aoife; the length of time that each vessel was out of commission; and if he will make a statement on the matter. [1993/10]

Minister for Defence (Deputy Willie O’Dea): The Naval Service flotilla comprises of eight vessels — the three oldest of which are the L.E. Emer (commissioned in 1978), the L.E. Aoife (commissioned in 1979) and the L.E. Aisling (commissioned in 1980). There is a programme of continuous planned and preventative maintenance to ensure that all Naval Service vessels are kept in a seaworthy condition, and the Naval Service will only send ships to sea in a seaworthy condition. The three older ships are monitored through increased inspections and maintenance. These inspections have recently resulted in extensive repairs being carried out to the L.E. Emer and the L.E. Aoife, with holes in the hull plating of both vessels being detected and repaired in the course of dry-docking. When the L.E. Emer was routinely dry-docked in August 2009, a hole, 4 cm in diameter, was found in the ship’s hull shell plating, starboard side. As a result of this, an ultra sound survey of the hull was conducted and two further areas were identified that required repair. As a consequence of these unplanned repairs, the programmed dry-dock period of three weeks had to be extended to six weeks at an estimated additional cost of c. €100,000. The cause of the damage is likely to be salt water erosion and micro-biological contamination propagation. As a result of the emergence of this problem on the L.E. Emer, it was decided to conduct inspections on board both L.E. Aoife and L.E. Aisling. Problems were discovered with the L.E. Aoife, with extensive localised loss of hull plate detected. As a result, an emergency dry- dock had to be carried out at a cost of c. €150,000, and the ship was out of service for a total of six weeks. No such problems have been detected with L.E. Aisling, although further inspection and examination work is planned. A vessel replacement strategy for the Naval Service is currently in progress and a tender competition for a ship replacement programme commenced in 2007. Last year a preferred bidder was selected for the potential purchase of up to three Offshore Patrol Vessels (OPVs) and detailed and extensive contract negotiations are now close to conclusion. The decision to proceed with an award of contract will be subject to Government approval and agreement on funding.

728 Questions— 20 January 2010. Written Answers

As Minister for Defence, the health and safety of all Defence Forces personnel, and com- pliance with the Safety, Health and Welfare at Work Act, 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007, are of utmost importance to me.

Court of Inquiry Report. 115. Deputy Ciarán Lynch asked the Minister for Defence if the report of the court of inquiry into the accident at Kilworth Camp, County Cork, in June 2009 has been forwarded by the commanding officer; and if he will make a statement on the matter. [1982/10]

Minister for Defence (Deputy Willie O’Dea): The General Officer Commanding 1 Southern Brigade received the report of the Court of Inquiry, in the latter part of 2009. On consideration of the Report, he sought clarification on some matters from the Court of Inquiry. He has now received the clarification sought and is currently reconsidering the Report. On completion of his reconsiderations, the report will be forwarded to the Deputy Chief of Staff (Support).

Defence Forces Recruitment. 116. Deputy Ruairí Quinn asked the Minister for Defence the number of appointments that have been filled to date in view of the recent decision to approve 50 promotions at senior level within the Defence Force; when the outstanding posts will be filled; and if he will make a statement on the matter. [1992/10]

Minister for Defence (Deputy Willie O’Dea): Resulting from the Government Decision regarding the reduction of public service numbers and the reduced budgetary provision avail- able for 2009, recruitment, promotions and acting up appointments in the Permanent Defence Forces were suspended. In June 2009, I made a submission to my colleague the Minister for Finance regarding the implications of the measures for the Permanent Defence Force. My focus is on maintaining the ongoing operational capability of the Defence Forces. Therefore the question of limited excep- tions to the application of the measures arises in this regard. In my submission to the Minister for Finance I outlined the need for limited recruitment, promotions and acting appointments for the Defence Forces. As I announced on the 24 November, an allocation of 50 promotions has been approved for the Permanent Defence Force by the Minister for Finance. These promotions were approved to address priority operational and command requirements of the Permanent Defence Force. These promotions therefore must be allocated in a manner that gives protection to the oper- ational capacity of the Defence Forces. In addition, the allocation must be balanced across both officer and enlisted ranks having regard to the operational requirements of the Defence Forces. Military management has been reviewing existing vacancies in all ranks across the organis- ation as a whole, so as to prioritise those to be filled from the approved promotions. Following on from the Military review a number of priority posts have now been identified and I am pleased to confirm that 9 Officer promotions and 27 enlisted promotions have now been progressed. Some have been completed and the remainder will be completed in the com- ing days. A number of senior technical officer vacancies also have to be filled and competitions are being organised to fill these posts. The residual approved promotions will be used to fill priority posts arising in the next few months. In addition approximately 30 vacancies will be filled through acting up appointments in the coming weeks. My officials are continuing to engage with the Military Authorities in relation to the review of structures and posts required

729 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.] to meet the operational requirements of the Defence Forces in light of the Government decision to maintain a complement of 10,000 personnel. I am glad to say that while these are challenging times, the Defence Forces have risen to the challenge and are organised, equipped and staffed in a manner which will ensure that they can continue to deliver the services required of them by Government.

Question No. 117 answered with Question No. 113.

Question No. 118 answered with Question No. 90.

Question No. 119 answered with Question No. 77.

Defence Forces Training. 120. Deputy David Stanton asked the Minister for Defence the number of personnel in respective ranks who attended training camps in 2009 in the integrated and non-integrated Reserve Defence Forces respectively; and if he will make a statement on the matter. [2065/10]

Minister for Defence (Deputy Willie O’Dea): The military authorities have informed me that 2447 Reservists attended training camps in 2009. The number of personnel in each rank who attended training camps is presented in the following table.

Lt Col Comdt Capt Lt Total SM BQ CS CQ Sgt Cpl Total Pte Total Officers NCOs

2 95 147 165 409 13 17 78 81 408 415 1,012 1,026 2,447

The figures refer to non-integrated personnel. The integrated Reserve was developed on a pilot basis during 2007 and 2008 and some 300 reservists received training. The numbers participating in the Integrated Reserve pilots were disappointing and the military authorities had suspended the integrated training programme for 2009. Options for the further development of the Inte- grated Reserve will be considered in light of the lessons learned from the pilot programme.

Defence Forces Strength. 121. Deputy Charlie O’Connor asked the Minister for Defence the number of Defence Force members who have retired or resigned over the past 18 months; the number of commissioned officers, non-commissioned officers and general service personnel who have left in each of those months; and if he will make a statement on the matter. [1912/10]

Minister for Defence (Deputy Willie O’Dea): I am advised by the military authorities that a total of 804 personnel have left the Permanent Defence Force in the eighteen month period 1 July 2008 to 31 December 2009. This figure is comprised of 99 Officers, 312 Non-Commissioned Officers and 393 Other Ranks personnel. A breakdown according to rank and per month is provided in the tabular statement. I am keenly aware of the impact that measures such as the moratorium on recruitment, promotion and acting appointments are having on the Permanent Defence Forces in light of the very high turnover rate that is part of any military organization. The turnover rate has increased significantly in recent months. I am advised by the military authorities that the strength of the Permanent Defence Force at 31st December 2009, the last date for which figures are available, is 9,933 broken down as follows: 730 Questions— 20 January 2010. Written Answers

• Army 8,095

• Navy 1,037

• Air Corps 801 My focus is on retaining the capacity of the organization to operate effectively across all roles. This will represent a significant challenge in the coming months. I am in contact with my colleague the Minister for Finance with regard to targeted exemptions from the moratorium which are aimed at maintaining the operational capability and command arrangements of the Permanent Defence Force. To date I have obtained sanction to fill a number of key posts, including Deputy Chief of Staff (Operations), two Brigadier –General posts, and the Director of Military Prosecutions post. I have also received sanction for 100 acting up posts to service operational requirements both at home and overseas. In addition I secured approval for the recruitment of 42 cadets. Furthermore the promotion of 10 Non commissioned Officers whose promotions had been in progress prior to the Moratorium has now been finalised. In addition to the aforementioned an allocation of 50 promotions has been approved for the Permanent Defence Force by the Minister for Finance. These promotions were approved to address priority operational and command requirements of the Permanent Defence Force. These promotions therefore must be allocated in a manner that gives protection to the oper- ational capacity of the Defence Forces. The allocation must be balanced across both officer and enlisted ranks having regard to the operational requirements of the Defence Forces. Military management has been reviewing existing vacancies in all ranks across the organisation as a whole, so as to prioritise those to be filled from the approved promotions. Following on from the Military review a number of priority posts have now been identified and I am pleased to confirm that 9 Officer promotions and 27 enlisted promotions have now been progressed. Some have been completed and the remainder will be completed in the com- ing days. A number of senior technical officer vacancies also have to be filled and competitions are being organised to fill these posts. The residual approved promotions will be used to fill priority posts arising in the next few months. In addition approximately 30 vacancies will be filled through acting up appointments in the coming weeks. Within the available resources, I am committed to maintaining the strength of the Defence Forces at a level of 10,000 all ranks, for which I have secured Government approval in the context of Budget 2010. This reflects the reductions in personnel recommended in the Report of the Special Group on Public Service Numbers and Expenditure Programmes. My officials are continuing to engage with the Military Authorities in relation to the review of structures and posts required to meet the operational requirements of the Defence Forces in light of the Government decision to maintain a complement of 10,000 personnel. I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government both at home and overseas.

731 Questions— 20 January 2010. Written Answers Recruit Cadet Total 1 1763 2156 7216716133 36 116412151 1845 11761662 3129722291 62 521169928222 57 59 7323113931201 1211 5 6 37 124310133 Personnel Discharged from the Permanent Defence Force 01 July-31 December 2008 1241 8 113721471 4 34 12312 9 3441171 1 29 Gen Gen Gen Offrs Maj NCO 3 * 2 * AugustSeptemberOctoberNovemberDecemberFebruaryMarch April 1 11May 3141JuneJuly 11121 259 August 1September 1 1October 9313210625194 2November 1 1 13December 31 6 1 2Total 1 49 113982217 3 1 324 2 1 1 2 95 1 1 4 3 1 2 4 2 1 1 3 2 4 1 14 1 3 5 3 1 21 3 12 1 21771782 42 1 17 13 1 1 2 4 1 28 10 9 5 1 2 6 6 17 99 16 7 4 10 15 18 12 5 1 14 2 27 8 6 2 7 36 14 7 132 4 1 95 11 31 13 312 15 6 47 260 1 24 2 66 31 21 3 27 97 2 804 34 62 Apprentice. 2008 July 2009 January Year Month Lt Maj Brig Col Lt Col Comdt Capt LT 2/LT Total Sgt BQMS CS CQMS SGT CPL Total PTE PTE Apptce 1

732 Questions— 20 January 2010. Written Answers

Question No. 122 answered with Question No. 113.

Departmental Expenditure. 123. Deputy Willie Penrose asked the Minister for Defence the savings that will accrue to his Department arising from the public service pay cuts applied by the Financial Emergency Measures in the Public Interest (No. 2) Act 2009; the number of personnel whose pay has been cut; the average reduction in each case; and if he will make a statement on the matter. [1989/10]

Minister for Defence (Deputy Willie O’Dea): The Financial Emergency Measures in the Public Interest (No. 2) Act 2009 provides for the reduction of public service salaries of up to €125,000 by:

• 5% on the first €30,000 of salary;

• 7.5% on the next €40,000 of salary; and

• 10% on the next €55,000 of salary.

In addition, the Act provides for a 5% reduction in fixed rate allowances payable to such public servants While the REV (Revised Estimates Volume) details for the Defence Vote have not yet been finalised with the Department of Finance, it is estimated that gross savings in the order of €34m will accrue in 2010 arising from the reductions in remuneration. There are three broad categories of employees on my Department’s payroll, and the payroll numbers affected in each category on 1 January 2010 were:

• 9,915 military personnel (including Army Nursing Service);

• 402 civil servants (including Civil Defence); and

• 760 civilian employees.

Based on payroll outturn for 2009 and the average numbers in each category during 2009, it is estimated that the average percentage pay reduction for each category will be:

• 5.8% for military personnel;

• 5.9% for civil servants; and

• 5.4% for civilian employees.

I should add that members of the Reserve Defence Force will be paid at the same (reduced) rates when on paid training as their PDF counterparts.

Army Equitation School. 124. Deputy Ciarán Lynch asked the Minister for Defence if the Army equitation school will continue; and if he will make a statement on the matter. [1981/10]

Minister for Defence (Deputy Willie O’Dea): The mandate of the Special Group on Public Service Numbers and Expenditure Programmes was to examine all current Exchequer spending across all Departments and agencies and to identify where expenditure and staff savings might be made.

733 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.]

One of the savings measures identified for the Defence Vote in the Report of the Special Group was the discontinuation of the Army Equitation School. While some of the cost saving measures proposed in the Report will be introduced, I have decided not to accept the sugges- tion that the Army Equitation School be closed. It is an important and emblematic feature of the Defence Forces and I believe it should continue its good work representing the Defence Forces and Ireland.

Commemorative Events. 125. Deputy Joan Burton asked the Minister for Defence the progress reported in the pro- jects relating to the 2016 commemoration of the 1916 rising at the Oireachtas consultation group report on 2 December 2009; and if he will make a statement on the matter. [1973/10]

Minister for Defence (Deputy Willie O’Dea): The All Party Oireachtas Consultation Group on the Centenary of the Rising met in Leinster House on Wednesday, 2 December, 2009. The Group were informed of recent developments and events, including:

(a) Commemorations at:

a. the General Post Office, Dublin on Easter Sunday, 12 April, 2009

b. the War Memorial Park, Islandbridge, 11 July, 2009

c. National Day of Commemoration, Kilmainham, 12 July, 2009.

(b) Arbour Hill renewal works including restoration and extension of the existing church car park, repair and restoration of all existing cemetery graves, repair of cemetery pathways and the planting of new trees.

(c) The future location of the Abbey Theatre and possible redevelopment at the GPO with reference also to the protection of 16 Moore Street.

(d) Recent acquisitions for the national collections of items of interest relating to the independence period, amongst which were the 964 items of the Stanley Collection at a cost of €3.5 million. Other items purchased/donated include a letter from P.H. Pearse to General Maxwell and General Maxwell’s brief reply and a copy of the Proclamation.

(e) Assistance towards themed publications i.e. the Royal Irish Academy’s recent publi- cation on , and the SIPTU sponsored publication on James Connolly.

(f) The Military Archives Project envisages that files, being the service records of personnel involved in the struggle for independence, would be released into the public domain on a phased basis in the years leading to the Centenary of the Rising. The Group were informed that an Advisory Board of historians had accepted invitations to assist with this project.

Later that day, the group visited Glasnevin Cemetery and the National Museum of Ireland Collins Barracks to view projects relating to the 2016 commemoration of the 1916 Rising. At Glasnevin Cemetery, the Group inspected progress on the significant programme of ongoing restoration works underway for which €6.4m of NDP funding has been provided to date. A new interpretative centre is scheduled to be opened in April, 2010.

734 Questions— 20 January 2010. Written Answers

While at Glasnevin, the Group noted the four headstones recently erected by the Common- wealth War Graves Commission on graves recording the British military service of the deceased. It is envisaged that further such headstones will be erected over coming years. Following a meeting with the Director of the National Museum of Ireland, the Group visited two exhibitions: Soldiers and Chiefs — The Irish at War at Home and Abroad from 1550 and The Easter Rising: Understanding 1916. The Group also visited the ongoing restoration work being conducted on Erskine Childers’ yacht Asgard. This project is scheduled to be completed by the end of June 2010. The future use of the GPO including the possible development of cultural and amenity projects is under consideration. The suggested relocation to the GPO complex of the Abbey Theatre is currently being examined by the Office of Public Works. The decision on future use will have regard to all advice and suggestions received. It was agreed that the Group would meet again early in 2010.

Defence Forces Equipment. 126. Deputy Niall Collins asked the Minister for Defence the main equipment purchases and deliveries of new equipment and vehicles scheduled over the coming six months; and if he will make a statement on the matter. [1915/10]

Minister for Defence (Deputy Willie O’Dea): As the Deputy is aware, there has been very significant investment in equipment and infrastructure in the Defence Forces over the past ten years. The acquisition of new and replacement equipment for the Defence Forces remains a key focus for me as Minister for Defence. It is, however, imperative that my Department and the Defence Forces look to whatever efficiencies we can make, taking into account the current difficult economic environment and the overall financial envelope available for the Department for military equipment over the coming years. Notwithstanding the current economic environment, several important equipment purchases will be advanced in the first six months of 2010 including the delivery of 17 Light Tactical Armoured Vehicles. A further 10 Light Tactical Armoured Vehicles will be delivered later this year. Other transport related acquisitions scheduled in the first half of 2010 include 22 Mini- buses, 2 ambulances, 45 ” ton4x4patrol vehicles and 4 midi-coaches for troop transportation. In addition a contract was placed last year for the provision of 2 Heavy Recovery Vehicles for the Defence Forces, one for delivery in 2010 and the other in 2011. A contract is currently being awarded for the provision of 50 Roll Over Protection Systems for troop carrying vehicles and these systems will be installed in the first six months of this year. The extensive equipment investment programme implemented over the past 10 years has positioned the Defence Forces well to deal with the reductions which have had to be made in defence expenditure given the resources now available. Whilst no major equipment prog- rammes have been cancelled altogether, careful planning and monitoring of all funding will continue to ensure that any possible impact on operations is mitigated and that the procurement of essential replacement equipment is prioritised.

Legislative Programme. 127. Deputy Liz McManus asked the Minister for Defence the legislative programme for his Department for 2010; and if he will make a statement on the matter. [1986/10]

Minister for Defence (Deputy Willie O’Dea): My Department, in conjunction with the Office of the Parliamentary Counsel, has commenced the process of drafting a Defence (Amendment)

735 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.] Bill to amend the provisions of Part V of the Defence Act 1954, primarily relating to offences against military law and extended provisions for arrests and detention. The requirement for the amendment to the Act arises from the recommendations of a Military Law Review Board established to review the adequacy, effectiveness and fairness of the military justice system as laid down in Part V (Discipline) of the Defence Act 1954. I expect that the Bill will be published in the second half of 2010. No other legislation is envisaged for my Department this year.

Departmental Expenditure. 128. Deputy Jan O’Sullivan asked the Minister for Defence if he will make a statement on his Department’s Estimate for 2010. [1988/10]

Minister for Defence (Deputy Willie O’Dea): Like all areas of the public service, the Depart- ment of Defence and the Defence Forces will contribute towards resolving the current chal- lenges facing the country. The Defence Organisation will be required to operate on a reduced budget for 2010 as outlined in the Budget 2010 documentation. I am committed to maintaining the strength of the Defence Forces at a level of 10,000 across all ranks. The Defence Forces will continue to operate across all of the roles assigned by Government. The investment in improved equipment and training made over the past few years means that the Defence Forces are in a healthy state both in terms of personnel and equipment to meet the challenges that lie ahead. They have improved in every respect since 2000 and comprehensive reform of structure and human resources, together with major investment in infrastructure and equipment, has been achieved during the past ten years. There will be no new, cost-increasing expenditure measures introduced in 2010. The key current expenditure reductions in 2010 will be achieved as follows:

• Payroll savings of c. €14m will be achieved by a reduction in Permanent Defence Force personnel numbers, reduced civilian employee numbers and lower levels of paid training days for the Reserve Defence Forces.

• Reductions in the number of Permanent Defence Force personnel deployed overseas to Kosovo and Bosnia-Herzegovina will achieve savings of up to €7m.

• Reduced Naval Service patrol days and the optimisation of Air Corps flying hours will deliver savings of €2.2m.

• The Coiste an Asgard sail training scheme will be discontinued, resulting in a saving of €0.8m.

Additional Appropriations in Aid of up to €13m are anticipated, mainly in respect of UN receipts, property sales, cash escorts and military guards. The scheme of full recovery for secur- ity services will be extended to An Post, the Central Bank and other organisations. The 2010 capital expenditure allocation of €16m will be focused on new building works to improve the accommodation and facilities of the Defence Forces. I am satisfied that priority programmes of investment in equipment and infrastructure will be maintained.

736 Questions— 20 January 2010. Written Answers

Departmental Websites. 129. Deputy Brian Hayes asked the Taoiseach the number of websites his Department pro- vides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2245/10]

The Taoiseach: My Department has 6 active (and 1 inactive) websites.

Site Annual Support & Maintenance 2009 Unique Visits Charge

€ taoiseach.gov.ie 1,815.00 470,199 onegov.ie (formerly bettergov.ie) 1,815.00 (onegov) 23,470 (bettergov) 97,480 betterregulation.ie 1,815.00 9,287 orp.ie 1,815.00 2,404 activecitizenship.ie 1,815.00 (Aug to Dec only) 6,878 inp.ie Nil 8,623 forumoneurope.ie* Nil (Jan to Sept only) 89,915 *The forumoneurope.ie website is no longer active but will continue to be available as an information resource. The support and maintenance charge for this site in 2009 was €2,587.95.

In addition to the above costs the total cost of hosting all seven sites for 2009 was €22,832.33.

130. Deputy Brian Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of websites her Department provides; the annual cost of maintaining each site; the number of unique visits each site received in 2009 or part of 2009; and if she will make a statement on the matter. [2238/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The information requested by the Deputy in respect of 15 websites provided by my Department is set out in the table. In a number of instances, Business Units responsible for some sites record the number of “page hits” rather than the number of “unique visits”. In these cases, I am supplying the Deputy with the number of “page hits”.

Website Address Annual Maintenance Cost No. of Unique Visits in 2009

1 www.entemp.ie (The Department’s €5,212.00 599,764 website) 2 www.solvitireland.ie (The website of €2,174.00 Not recorded the problem-solving network created to solve problems that EU citizens or businesses may be experiencing with alleged denial of their Internal Market rights) 3 www.esf.ie (The website for the €4,811 (50% ESF co-funded) 6,806.00 European Social Fund in Ireland) 4 www.equal-ci.ie (The website for the €83 (50% ESF co-funded) Not recorded ESF co-funded EQUAL Community Initiative in Ireland)

737 Questions— 20 January 2010. Written Answers

[Deputy Mary Coughlan.] Website Address Annual Maintenance Cost No. of Unique Visits in 2009

5 www.ideasbank.ie (The website was set €365 (50% ESF co-funded) Not recorded up under the Equal Community Initiative to serve as a repository of innovative ideas. Currently, the site is not in operation) 6 www.employmentrights.ie (The website €7,000.00 383,300 of the National Employment Rights Authority) 7 www.eatribunal.ie (The website of the €6,123.00 3,112,970 Employment Appeals Tribunal) 8 www.labourcourt.ie (The website for €27,486.00 2,618,156 (page hits between the Labour Court) 14 October and 31 December) 9 www.worklifebalance.ie (The website €2,147.00 41,529 supporting the National Framework Committee for Work Life Balance Policies.) 10 www.patentsoffice.ie (The website for €16,516.00 294,552 the Patents Office) 11 www.basis.ie (The website developed €65,103.00 85,763 to provide business with a single access point to all Government information and services.) 12 www.clrg.org (The website of the €500.00 10, 908 (extrapolated based Company Law Review Group) on monthly statistics) 13 www.odce.ie (The website of the €6,966.75 212,8631 Jan.– 7 Dec. 2009 Office of the Director if Corporate (inclusive) Enforcement) 14 www.cro.ie (The website of the €5,000.00 600,000 (extrapolated from Companies Registration Office the Jan 2009 number of (CRO)) visits of 48,417 visits) 15 www.core.ie (A document processing €22,891.00 There are 96,384 unique environment and communications registered users. This is the mechanism of the CRO) only figure available so it is not possible to give a figure for the number of unique visits

Apprentice Work Placements. 131. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of apprentices who are within six to 12 months of completion of their apprenticeship but are without a job placement; the types of apprenticeships involved; and if she will make a statement on the matter. [2259/10]

132. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans for apprentices who have been unable to complete their training due to unavailability of work placements; how they can continue their apprenticeships; the number of apprentices that have had their apprenticeships on hold in the past 18 months due to this situation; and if she will make a statement on the matter. [2260/10]

133. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will introduce work programmes similar to the teamwork scheme from the 1980s in order to allow newly qualified apprentices to gain practical work experience on build- ing projects; if she will seek a requirement among contractors who take up capital projects 738 Questions— 20 January 2010. Written Answers funded by her to require a certain percentage of apprentices to be involved in the scheme; and if she will make a statement on the matter. [2261/10]

134. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of unfinished apprenticeships, both county-by-county and based on the type of apprenticeship involved; her plans for those persons who find themselves redundant; and if she will make a statement on the matter. [2262/10]

135. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons who have had their professional apprenticeships halted after being let go over the past 12 months; and if she will make a statement on the matter. [2263/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 131 to 135, inclusive, together. The number of apprentices within 6 to 12 months of completion of their apprenticeship without a job placement is currently 3,080. Of these, 495 are currently attending Phase 6 off- the-job training at an Institute of Technology. A total of 5,338 apprenticeships have been notified to FÁS as being halted as a result of redundancy since July 2008. A total of 719 apprentices recorded as redundant in July 2008 remained redundant at January 2010. The disaggregated data on a county-by-county and trade basis is not readily available. The Teamwork Scheme was a full-time temporary employment programme for the under 25s which ran from the early 1980s until the mid-1990s. This Scheme ran alongside the Social Employment Scheme for the over 25s. Both schemes were then merged, with some changes, to form the Community Employment (CE) scheme in the mid-1990s. Training and education provided under measures other than the CE scheme are considered to be more appropriate to the needs of redundant or newly qualified apprentices. FÁS has already put in place a number of measures to assist redundant apprentices. An outline of those measures is provided below for the Deputy’s information. These measures will support around 4,000 redundant apprentices.

1. FÁS has put in place an interim measure whereby apprentices who are made redundant may progress to the next off-the-job training phase of their apprenticeship, in line with current scheduling criteria. In 2009, over 2,000 redundant apprentices were provided with off-the-job training and 1,041 redundant apprentices commenced off-the-job training in January 2010.

2. In 2009, FÁS introduced a temporary Employer Based Redundant Apprentice Rotation Scheme for apprentices made redundant in the Construction Industry. Over 460 redundant apprentices completed Phase 3, 5 and 7 training and assessments with employers under this Scheme in 2009.

3. ESB Networks has agreed a programme with FÁS to provide on-the-job training with ESB Networks to eligible redundant apprentices at Phases 5 and 7 of their apprenticeship. This programme will provide up to 400 places over a period of 18 months and is funded by ESB Network. To date, 147 redundant apprentices have completed training, 92 are currently in training, and further placements will take place during 2010.

4. Redundant apprentices may also avail of existing trade-related specific skills training courses to enhance their employable skills. They may also avail of the range of trade- related evening courses available in FÁS Training Centres.

739 Questions— 20 January 2010. Written Answers

[Deputy Dara Calleary.]

5. FÁS and the Institutes of Technology have agreed the PP5 programme for redundant apprentices who have successfully completed Phases 1-4 of their apprenticeship and where an on- or off-the-job training opportunity is not currently available. The programme has both a Construction Stream and an Engineering Stream, with a number of core skills modules related to apprenticeship and a number of electives in specific skills. The prog- ramme provides apprentices with a Level 5 FETAC award and allows for access and transfer of credits to other post-apprenticeship programmes. The Institutes of Technology are currently issuing invitations to eligible redundant apprentices to participate in the programme commencing late January 2010.

6. FÁS has also developed Phase 7-equivalent assessments for redundant apprentices at the final phase of their apprenticeship in the trades of Carpentry & Joinery, Electrical, Plumb- ing, Brick & Stonelaying and Plastering. Eligible redundant apprentices will be scheduled by FÁS to these assessment events which will commence in February 2010.

7. Redundant apprentices registered for 4 years who have successfully completed all Phases 1-7 of their apprenticeship, but have not yet completed the required 4 years in employment as an apprentice in the specified trade, will be contacted by FÁS to submit a portfolio of evidence under Recognition of Prior Learning for consideration by the National Appren- ticeship Advisory Sub-committee for the award of the Advanced Craft Certificate.

FÁS continues to closely monitor the situation in relation to redundant apprentices and newly qualified craftspersons. Further proposals to assist redundant apprentices to complete the on- the-job training of their apprenticeship with a FÁS approved employer are under discussions currently between FÁS and my Department.

Community Employment Schemes. 136. Deputy Noel Ahern asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the position regarding community employment schemes; the length of time a person can remain on them; if she has instructed or authorised FÁS to reduce this period in order to increase the number going through retraining; if she will clarify the position regarding the case of persons over 60 years who participate in CE schemes; and if she will make a statement on the matter. [2349/10]

137. Deputy Noel Ahern asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment her policy with regard to schemes involving retraining of married people who are now losing benefits and being deprived of training facilities because they are married and have got 12 months’ unemployment benefit; if she will adjust the rules in view of the fact that persons are now losing jobseeker’s benefit after 12 months; how a married person with a working spouse can get onto a community employment scheme; if he or she must be unemployed for 12 months and in receipt of a payment; if he or she loses his or her payment after 12 months; if she will revise such policies in view of their impact on married persons. [2356/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 136 and 137 together. Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. The purpose of CE is to

740 Questions— 20 January 2010. Written Answers help unemployed people to re-enter the open labour market by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills. The criteria for participating on the Community Employment programme are based on age and length of time in receipt of various social welfare payments. Eligible persons under 55 years of age may be eligible for a maximum of 3 years overall participation on Community Employment (CE). Eligible persons of 55 or over may be eligible to a maximum of 6 years overall participation on CE. Persons in receipt of any of the 4 disability-linked Social Welfare payments may be eligible for 1 additional year’s participation. Only time spent on CE since the 3rd April 2000 counts towards these participation limits. Participation on Community Employment has an upper age limit of 65 years of age, i.e. a CE participant/Supervisor can remain on CE until the day before their 66th birthday, provided they meet all other eligibility requirements. FÁS cannot make funding available to a Sponsor for any participant or Supervisor aged 66 years or over. To do so would mean that the state would effectively be double-funding both the CE place and the participant’s state pension sim- ultaneously. Training allowances on full-time day courses are payable to those who are in receipt of Department of Social and Family Affairs payments including Jobseeker’s Allowance/Benefit, One Parent Family Allowance, Disability Benefit and Invalidity Pension. If a person qualifies under the criteria but does not wish to take up the option themselves, there are certain con- ditions under which they can do a spousal swap. The Government will continue to support into the future the positive role of CE in meeting the needs of long-term unemployed persons while at the same time providing essential services to communities. In this regard, we are keeping the operation of the Scheme under constant review.

Industrial Development. 138. Deputy Ulick Burke asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of visits by IDA Ireland personnel with potential investors to a town (details supplied) in County Galway; and if she is satisfied that there is a reasonable balance in the promotion of this town by the IDA as compared to the major urban centres in the county. [2393/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I have been informed by IDA that during 2009, there has been 1 site visit by potential investors to Ballinasloe. As part of its strategy to attract inward investment, IDA Ireland introduces a prospective client company to 3 or 4 selected locations, which can meet the company’s requirements for skills, labour, site and/or building(s), and infrastructure. In selecting locations to show compan- ies, IDA Ireland seeks to include locations which have been affected by closures/job losses. The Agency also gives priority to the Border, Midlands and West regions. While IDA seeks to influence the selection of location, the final decision on location is taken in all cases by the promoting company. In the present competitive global market, as Ireland competes for new investments at the highest end of the value chain, the concept of scale is crucial to our economic destiny. Leading corporations require a significant population of highly qualified talent, effective physical and

741 Questions— 20 January 2010. Written Answers

[Deputy Mary Coughlan.] digital infrastructure coupled with availability of sophisticated professional support services. If we are to continue being successful in realising a large proportion of our investments outside of the larger cities, all economic and social stakeholders will need to adhere to the framework on which the National Spatial Strategy is constructed.

139. Deputy Ulick Burke asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of IDA Ireland-assisted jobs which were provided in County Galway, outside Galway city, for each of the years 2007, 2008 and 2009; the location of these jobs; the years in which they were provided; the number of IDA jobs announced during each of these years that have not yet been put in place or been realised; and if she will make a statement on the matter. [2394/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the industrial development agencies. Data is compiled on an annualised basis and is aggregated at county level. It is therefore not possible to provide information for individual locations throughout the country. The survey shows that in the three-year period, 2007 to 2009 inclusive, there were a total of 1,448 new jobs created in IDA supported companies in Galway. Details of the number of new jobs created in each of those years are set out in the attached tabular statement. During that same period a total of 16 announcements with a potential to create in the region of 800 new jobs in IDA Ireland supported companies in Galway were made. There were 6 IDA announcements relating to Galway in 2009 and 5 announcements in each of the years 2007 and 2008. It is important to point out that there is always a time lag, often stretching over years, between the announcement of new jobs and their creation. That time is required for activities such as locating and acquiring a suitable site for the company’s operations, constructing a facility and installing machinery as well as the recruitment and training of staff. Of course, the numbers of jobs eventually created may turn out to be higher or lower than originally envisaged by the investing company as a result of developments in their product markets, general economic conditions, investment decisions and overall corporate strategy. In addition it must be pointed out that some job creation projects go ahead without an announce- ment being made.

New jobs created in IDA-supported companies in County Galway in each of the years 2007, 2008 & 2009

Year 2007 2008 2009

New jobs created 409 610 429

140. Deputy Ulick Burke asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the amount of grant aid provided by IDA Ireland for job creation and assistance towards site and facilities provision in Galway city and separately in County Galway for each of the years 2007, 2008 and 2009; the country or origin of the beneficiaries of this aid; and if she will make a statement on the matter. [2401/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I am informed by IDA Ireland that an amount of €30,858,739 was paid in grant aid to its client 742 Questions— 20 January 2010. Written Answers companies in County Galway (both City and County) in the three-year period 2007 to 2009. The companies that availed of such grants were from USA, UK and Japan. Details in respect of each year are set out in the tabular statement. In the same period the Agency spent a total of €45,910m in site acquisition and development. In the time available it has not been possible to provide a breakdown of these figures as between city and county, but I have asked the Agency to forward the information to you directly in due course.

Grant Aid paid to IDA client companies in Galway city and county in each of the three years 2007, 2008 & 2009

Year Amount

2007 8,597,316 2008 12,218,919 2009 10,042,504

Amount spent by IDA in site acquisition and development in Galway city and county in each of the three years 2007, 2008 & 2009

Year Amount

2007 42,615,050 2008 1,094,822 2009 2,200,220

Employment Action Plan. 141. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of unemployed persons interviewed by FÁS under the national employment action plan in 2009 who were invited back for repeat interviews; and if she will make a statement on the matter. [2407/10]

142. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of unemployed persons interviewed by FÁS under the national employment action plan in 2009 who are still classified as unemployed; and if she will make a statement on the matter. [2408/10]

143. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons who failed to attend their national employment action plan interviews by FÁS in 2009; and if she will make a statement on the matter. [2409/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 141 to 143, inclusive, together. The Irish National Employment Action Plan (NEAP), adopted by the Government as its response to the European Employment Guidelines, included a commitment to a more system- atic engagement of the Employment Services with the unemployed. Implementation of this commitment commenced in September, 1998. 743 Questions— 20 January 2010. Written Answers

[Deputy Dara Calleary.]

In 2009, FÁS increased its capacity to 147,000 by re-deploying staff to Employment Services and engaging Local Employment Service in direct NEAP Referral. The total number of clients interviewed up to end November 2009 was 65,000. Of these, 23,578 had not left the live register as at end November 2009. Data on outcomes for all persons referred in 2009 to end-December will be collected at end-January 2010. The number that failed to attend for interview was 21,600. An analysis of clients who had their initial interview in May 2009 indicates that approximately 17% of clients are called back for one or more subsequent interviews with their case officer, and 14% actually attend at least one such interview. Many clients are referred to other programme opportunities at their first NEAP interview; while others are identified as job ready and not in need of additional training or other intensive assistance that would require follow-up interview.

Departmental Agencies. 144. Deputy Olwyn Enright asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of placement officers working in each FÁS office, on a part-time and full-time basis; the number of days these officers are available to meet with clients; and if she will make a statement on the matter. [2437/10]

145. Deputy Olwyn Enright asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of placement officers working in a FÁS office (details supplied); if they are working on a part- or full-time basis; if it is intended to increase the number of placement officers in the FÁS office; and if she will make a statement on the matter. [2438/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 144 and 145 together. The following table details the number of Employment Services Officers (ESOs), on a whole- time equivalent basis, based in each FÁS Employment Services Office:

FÁS Office Location Total FTE

Dublin Coolock 5.00 Dublin D’Olier House 12.90 Dun Laoghaire 5.60 Dublin Finglas Shopping Centre 5.50 Dublin Finglas Training Centre 2.60 Dublin Ballyfermot 6.30 Dublin Tallaght 10.50 Dublin Clondalkin 6.00 Dublin Crumlin 4.50 Dublin Blanchardstown 5.70 Dublin Swords 4.00 Dublin Baggott Court 4.80 Loughlinstown 2.30 Dublin Baldoyle 4.60 Dublin Nutgrove 2.50 Balbriggan Enterprise Centre 3.00 Dublin Cabra 3.50

744 Questions— 20 January 2010. Written Answers

FÁS Office Location Total FTE

Dublin City Centre 10.00 Edenderry 1.00 Athlone 4.00 Longford 2.50 Mullingar 3.00 Portlaoise 4.44 Tullamore 3.72 Maynooth 2.00 Newbridge 4.72 Limerick 14.80 Ennis 5.00 Nenagh 1.50 Newcastle West 2.00 Shannon 1.00 Thurles 1.00 Dundalk 5.00 Cavan 3.00 Drogheda 4.00 Monaghan 2.00 Navan 6.00 Sligo 7.72 Carrick-on-Shannon 2.00 Ballybofey 3.00 Letterkenny 10.00 Gweedore 2.00 Waterford 7.52 Carlow 4.40 Clonmel 5.00 Kilkenny 4.44 Wexford 3.00 Enniscorthy 2.00 Bray 4.60 Arklow 2.00 Cork Sullivan’s Quay 16.10 Cork Rossa Avenue 1.00 Cork Shandon Street 1.00 Bantry 1.00 Killarney 0.60 Mallow 2.00 Tralee 10.00 Galway 16.30 Ballina 2.80 Castlebar 3.72 Tuam 1.00 Roscommon 2.00

The availability of Employment Services Officers to meet the public varies from office to office and is determined to a great extent by the office staffing level, the demand for the service and 745 Questions— 20 January 2010. Written Answers

[Deputy Dara Calleary.] certain outreach initiatives covered by the office, e.g. servicing clinics in other locations. However most offices are open to the public from Monday to Friday and provide an interview service to the public on a walk-in basis or by appointment. In addition, each office meets with clients, on an appointment basis, who were referred by the Department of Social and Family Affairs under the National Employment Action Plan (NEAP). ESOs also schedule these clients, among others, for follow up interviews and discussions. FÁS is prioritising the allocation of resources to its front line services through an internal redeployment of staff to service the needs of a significant increase in the number of jobseeker’s presenting to FÁS offices and to meet the substantial increase in the number of clients referred to FÁS by the Department of Social and Family Affairs under the NEAP. In relation to the latter, FÁS has arranged for the direct referral of an agreed number of NEAP clients to the network of Local Employment Services (LES) as part of a major increase in interview capacity in the dual-stranded National Employment Service comprised of FÁS Employment Services and the LES. FÁS interviewed almost 110, 000 new registrants from January to November 2009 (December data will be available shortly), including almost 65, 000 clients referred by Department of Social and Family Affairs under the NEAP process. In addition and as a result of the significant increase in company closures and redundancies in 2009, FÁS provided a responsive and cus- tomised service to a vast range of companies and employees affected, e.g. Dell, SR Technics, Waterford Crystal, etc. This included the provision of one-to-one guidance support, assistance/advice with CV preparation and interview techniques, tailored individual and group training programmes.

Job Clubs. 146. Deputy Tom Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of jobs clubs here; the amount of funding each club has received for each year since 2007; the number of staff employed in each club; if there are plans to expand the work of the jobs clubs in view of increases in unemployment over the past 18 months; and the plans for south Tipperary with regard to jobs clubs. [2559/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): There are 56 Job Clubs nationwide providing formal programmes to assist people enter the labour market by helping unemployed job seekers to learn the skills required for job search and exploration of career options. The normal staffing structure of a Job Club is of a Job Club Leader and a support person. The role of the Job Club Leader is fundamentally to enable participants to take responsibility for their own learning while they are members of the Job Club. The Job Club support person provides secretarial and other administrative support. The number and role of Job Clubs in the current environment is kept under constant review. FÁS are working with the Community and Voluntary sector in the South East to ensure that the needs of the area in relation to training and employment support is being met. Details of budgets and expenditure for the years 2008 and 2009 are contained in the following table, information for 2007 is being compiled and will be provided to the Deputy at a later date.

746 Questions— 20 January 2010. Written Answers

FÁS & LES Job Clubs 2008 Actual / 2009 Budget

2008 expenditure 2009 Budget 2009 expenditure

€€€

JCFBA Jobcare Ltd 181,170 189,997 149,408 JCFBC S.I.C.C.D.A. 57,757 78,002 71,492 JCFBE Larkin Unemployed Ctr 160,762 153,998 142,849 JCFBF Dolebusters Resource 104,959 90,004 95,879 JCFBG Balbriggan Ent Dev Gro 74,234 100,002 105,674 JCFBI Worklink 53,395 69,992 38,167 JCFBJ Joblink Blanchardstown 96,248 80,002 100,191 JCFBK Finglas Cabra Partnership 104,850 105,001 97,954 JCFBL Northside Partnership Ltd 109,568 100,002 96,164 JCFBM Ballymun 100,492 111,995 110,481 JCFBN Canal Communities LES 100,516 88,005 129,998 JCFBO Donnycarney Job Club 117,383 100,002 81,045 JCFCM Quarryvale Jobs Club (24,463) JCFDB Southside Local Emp Services 109,317 75,000 110,468 JCFCB D12 Job Club 54,347 68,000 68,098 JCFCF Ballyfermot Jobs Club 77,425 90,000 98,227 JCFCG Tallaght Jobs Club LES 81,968 87,000 88,065 JCFCH Tallaght Kilnamagh LES 89,938 87,000 100,406 JCFCK Clondalkin DBD Job Club 59,940 90,000 141,634 JCFCN JADD Job Club Brookfield 103,406 87,000 97,601 DD328 Jobs Club-Part time 251 JCFAA Navan 125,886 94,389 155,325 JCFAB Cavan (18,845) 94,389 0 JCFAC Monaghan 81,141 94,389 99,795 JCFAD Drogheda 146,170 94,389 88,749 JCP26 Job Club Drogheda 100,615 94,389 114,814 JCP27 Job Club Dundalk 153,462 94,389 147,358 JCFJA Inishowen Peninsula 140,275 119,000 102,972 JCFJB Letterkenny 91,433 119,000 126,171 JCFJC Gweedore (1,491) JCFJD Sligo 93,927 119,000 112,453 JCFJE Carrick on Shannon 85,295 119,000 100,145 JCFEA Ctr Unemploy Wexford (5,728) JCFEB Carlow Job Clubs 69,619 102,540 33,196 JCFEC Carrick On Suir 127,368 0 8,516 JCFED Noreside Resource Ctr 104,472 82,068 95,322 JCFEE Waterford Resource Ctr (29,606) 98,208 0 JCFEF Arklow Job Club 120,714 120,588 119,269 JCP45 Job Club Wexford 20,366 JCFFA Cork Ctr Unemployed 107,241 85,209 119,662 JCFFB Cumann Iosaf Tralee 135,259 121,769 124,063 JCFFE Listowel 123,230 121,769 97,084 JCP29 Job Club Kerry 127,339 126,407 165,664 JCFKA West Offaly Partner 119,972 122,076 120,636 JCFKD Portlaoise Com Action 119,812 112,948 117,414

747 Questions— 20 January 2010. Written Answers

[Deputy Dara Calleary.] 2008 expenditure 2009 Budget 2009 expenditure €€€ JCFKE Portarlington Com Dev 121,989 121,148 130,146 JCFKF Congress Ctr Unemploy 8,907 0 (2,294) JCFKH Longford Employment Dev Info Job Club 117,445 121,148 129,113 JCFKI JOB CLUB 102,429 115,336 98,738 JCFKJ Athy Pre-employment 113,776 104,988 42,278 JCFKK Kildare Town 113,537 116,336 116,891 JCFKM Athlone Community Taskforce 96,486 116,276 101,462 JCFGB Clare Unemploy Resource 105,841 101,364 106,129 JCFGC West Limerick Resource 97,430 112,524 106,792 JCFGD Roscrea 2000 Ltd 61,404 107,868 122,146 JCFGE Moycross Dev Co Ltd 130,597 129,432 125,926 JCFGF Southill Comm Services 105,542 109,212 99,268 JCFGG Ballyhoura Development Ltd 106,301 102,660 112,422 JCFGH LES 114,782 120,336 126,622 JCFGI Thurles Chamber of Commerce 20,620 0 7,426 JCFGJ Nenagh Community Network 118,124 98,316 103,386 JCFHD Ballinasloe community resource J/Club 91,723 108,986 110,643 JCFHE Galway People Resourse Centre 145,729 108,810 88,773 JCFHG Castlerea Job Club 72,965 116,229 111,338 JCFHH Ballina Job Club 85,204 106,008 136,930

Total 5,881,970 6,003,895 5,946,791

Departmental Agencies. 147. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the purpose of the FÁS communications unit; the way this unit helps the unemployed; the number of staff employed by this unit; the pay bill of all staff employed by this unit in 1997 and in 2009; and if she will make a statement on the matter. [2560/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The FÁS Communications Unit was established in 2009. The unit forms part of the Corporate Support function in FÁS, which is also responsible for Legal Services, Freedom of Information, Oireachtas Liaison & Parliamentary Questions, Insurances and secretarial services to the Board of FÁS. It provides a range of services to both FÁS clients and staff. These services include:

• Communication of information on all FÁS programmes, services and new initiatives;

• Event management, advertising, publicity and marketing;

• Production of Labour Market Surveys and other FÁS publications;

• Media liaison;

• The integration of new technologies to create improved web-based communication chan- nels for clients and staff. 748 Questions— 20 January 2010. Written Answers

The Communications Unit has a staff of 6. The pay bill of this unit in 2009 is currently being compiled and will be communicated to the Deputy.

148. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of staff employed at each of the FÁS training centres; the pay bill of the staff employed at each training centre; and if she will make a statement on the matter. [2562/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The number of staff employed at each of the FÁS Training Centres is set out as follows.

Location Total Staff

Baldoyle 79.78 Ballyfermot 81.03 Cabra 35.02 Finglas 60.42 Loughlinstown 58.30 Tallaght 49.00 Athlone 69.04 Limerick 90.50 Shannon 24.50 Dundalk 65.10 Gweedore 9.60 Letterkenny 35.44 Sligo 46.90 Waterford 100.26 Wexford 9.58 Carrigaline 3.00 Cork 115.10 Tralee 50.10 Ballina 4.00 Galway 66.60

The pay bills of these centres are currently being compiled and will be communicated to the Deputy.

Flood Relief. 149. Deputy Frank Feighan asked the Tánaiste and Minister for Enterprise, Trade and Employment the allocation of funding and assistance available to businesses in Carrick-on- Shannon and Leitrim village and in counties Roscommon and Leitrim generally to alleviate the problems caused by recent flooding; and when funding will come available; the way it will be accessed. [2565/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): No specific funding has been identified for or allocated to my Department to alleviate the problems caused to businesses by the recent flooding. The enterprise support agencies under the aegis of my Department remain available to offer advice to client businesses and their normal financial supports remain available to eligible clients. 749 Questions— 20 January 2010. Written Answers

Departmental Websites. 150. Deputy Brian Hayes asked the Minister for Finance the number of websites his Depart- ment provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2240/10]

Minister for Finance (Deputy Brian Lenihan): The information requested by the Deputy is in the following table.

750 Questions— 20 January 2010. Written Answers Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house Hosted and Maintained in-house — — — — — — — — — — — — — — — — — — — — — 5,800 plus VAT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 € € € € € € € € € € € € € € € € € € € € € € Website Address Website name Users Maintenance Costs 2009 http://www.finance.gov.iehttp://www.budget.gov.iehttp://www.gov.iehttp://www.cmo.gov.iehttp://www.personnelcode.gov.iehttp://www.cspensions.gov.iehttp://www.benchmarking.gov.iehttp://www.constructionprocurement.gov.iehttp://www.cprm.gov.ie Department of Finance Web sitehttp://www.cseas.gov.ie Publication of Annual Budgethttp://www.cspvg.gov.ie Publication Information of on Personal Construction Code Procurement &http://www.decentralisation.gov.ie Circulars Officehttp://www.disability.gov.ie of Government Civil Benchmarking the of Service Body Chief Ireland Pensions Medical Calculator Officerhttp://www.eprocnet.gov.iehttp://www.eusf.gov.iehttp://www.foi.gov.ie Nothttp://www.ictprocurement.gov.ie Recorded Not Recorded Committee Decentralisation for publicationshttp://www.peerreview.gov.ie Public 592,0681 Management Research Civil Servicehttp://www.ppp.gov.ie Employee Assistance Service Civil Service 576,9902 Performancehttp://www.psi.gov.ie Verification Group Disability Not Information Recorded http://www.reviewbody.gov.ie Website Not Recorded eProcurement Networkhttp://www.taxcommission.ie Information Not Recorded ICT Procurement1. Website The number of Structural2. users Funds The recorded Not number Not Not in Recorded 143,7983 of Recorded Recorded the3. users period The recorded from Information number in 1 website Information of the September on on users period to Peer Freedom recorded from 31 Review of between 1 December Process Information 13 January 2009. October to Logs Not 2009 31 are Recorded and December only 18 2009. maintained January for 2010. 3 Logs months. are Review only Public Body maintained Private on for Partnership Higher 3 Remuneration Not months. Recorded Not Commission Recorded Re-use on of Taxation Public web Sector site Information Not Recorded Not Recorded Not Recorded Not Recorded Not Recorded Not Recorded Not Recorded Not Recorded

751 Questions— 20 January 2010. Written Answers

Public Sector Pay. 151. Deputy Brian Hayes asked the Minister for Finance the number of public servants earning less than €30,000 who work in County Dublin; and if he will make a statement on the matter. [2248/10]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the latest relevant historical information available on the incomes of employees taxed under the PAYE system is derived from income tax returns filed for the income tax year 2007 representing about 96% of all returns expected at the time the data were complied for analytical purposes. On this basis the numbers of persons classified as public sector employees in Dublin City and County earning a gross income of less than €30,000 is 47,218 and 10,565 respectively. However, care needs to be exercised in relation to these figures as they include persons in receipt of various payments from public sources who would not normally be regarded as public servants e.g. those in receipt of fees, those on State Boards etc. Furthermore, the data does not distinguish earnings from atypical work patterns, work sharing or short time work. An estimated breakdown of the figures on a geographical basis is available on the basis of “bailiwick”, meaning, in this case, the jurisdiction or boundaries within which Revenue Sheriffs, County Registrars or their officers operate for the purposes of enforcement of tax debt. It equates geographically with “county” while also providing separate breakdowns for “city” and “county” in the case of counties Dublin and Cork. The data relating to the allocation by city or county of PAYE employees should be treated with caution. This is because it has been the practice to associate each employee with the city or county in which his or her employer is registered for PAYE purposes, regardless of the address of the actual workplace or of the individual’s home address. The source of the information provided in relation to numbers and tax is the P35 end year returns filed by employers in respect of their employees but does not include the corresponding figures relating to PAYE taxpayers who are required to return an income tax return form 11 where non-PAYE income is greater than €3,174. The sector identifier used on the tax records is based on the 4-digit NACE code (Rev. 1), which is an internationally recognised economic activity code system. The information provided in relation to Public Sector employees is based on activities which are classified in the NACE code system as Public Administration and Defence; compulsory Social Security, Education and Health and Social work but excluding the categories of Driving School Activities, Dental Prac- tice Activities and Veterinary Activities as being more appropriate to the Private Sector. A married couple, which has elected or has been deemed to have elected for joint assessment, is counted as one tax unit.

Tax Code. 152. Deputy Brian Hayes asked the Minister for Finance the number of commuters who claimed tax relief on annual travel cards in 2009; and if he will make a statement on the matter. [2249/10]

Minister for Finance (Deputy Brian Lenihan): There is no overall total available in relation to the numbers of commuters who claimed tax relief on annual travel cards in 2009. However, figures supplied by the main public transport providers (Irish Rail, Dublin Bus, Bus Éireann

752 Questions— 20 January 2010. Written Answers and Luas) show that the number of annual Travel Passes they provided numbered approxi- mately 29,212 in 2009.

Public Sector Pay. 153. Deputy Michael Kennedy asked the Minister for Finance if the combined rates as per the table in circular 145/09 could be used to apply the recent pay cuts for work sharing civil servants’ actual incomes to ensure that they are fair and equal for all staff; and if he will make a statement on the matter. [2258/10]

Minister for Finance (Deputy Brian Lenihan): There is no civil service circular with the reference number given. It is a well established principle that the pay of work sharers and those on atypical work patterns is calculated by reference to the whole time equivalent pay rate for the grade or post in question and the reduced pay rates are, therefore, calculated in this way. This practice is consistent with the legislation governing the conditions of employment of part-time workers.

Price Inflation. 154. Deputy Seán Power asked the Minister for Finance the reason the cost of many services provided by the public service increased last year, while the cost of services provided by the private sector became cheaper; and if he will make a statement on the matter. [2309/10]

Minister for Finance (Deputy Brian Lenihan): Prices set in the public sector make up only about four per cent of the basket of goods and services used in compiling the Consumer Price Index (or CPI). Accordingly, changes in these prices have little impact on the CPI. Public sector prices make up a much smaller component of the CPI than in the past. This is because following privatisation of services such as telecoms and energy, these prices are now set by independent regulators. Public sector prices are generally set by Ministers or at local authority level. In doing so, due regard is given to the cost of providing the service and the length of time since the last change. Consideration is also given to ensuring that a high level of quality is provided to the public.

Public Sector Pay. 155. Deputy Denis Naughten asked the Minister for Finance if the recent public sector pay cut applies to those who are exempt from the public sector pension levy; and if he will make a statement on the matter. [2312/10]

Minister for Finance (Deputy Brian Lenihan): I refer the Deputy to my reply to Parliamen- tary Questions Nos. 48643/09 and 2047/10 which were taken together and answered on Tuesday 19 January 2010. The text of the reply as follows:

“The definition of a public servant in the legislation governing the pension levy and the pay reductions is the same. Therefore, in general the reductions in pay under the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 will apply to employees who are paying the pension related deduction. However, there are a small number of situations where the pay reductions could apply to a public servant who was not subject to the pensions levy. The pay reductions apply to employees of public service bodies, whether or not the public servant is a member of a public service pension scheme or receives a payment in lieu.

753 Questions— 20 January 2010. Written Answers

[Deputy Brian Lenihan.] Furthermore, the income exemption threshold that applies to the pensions levy does not apply to the pay reductions. Sections 38 and 39 of the Health Act 2004 apply to HSE service providers and other bodies in receipt of funding assistance from the HSE. Organisations that are directly funded by the HSE under Section 38 of the 2004 Act are public service bodies, as defined in the Financial Emergency Measures in the Public Interest Act which provided for the pension levy deduction and the Financial Emergency Measures in the Public Interest (No. 2) Act 2009, which provided for the reduction in public service pay. Employees in these bodies have access to public service pension schemes or, in a small number of cases, the state funds an employer contribution to a private pension scheme. The pension levy and the reduction in salary apply to all these employees. Accordingly, the pay reduction legislation applies to all members of the Nominated Health Agencies Superannuation Scheme. Under Section 39 of the 2004 Act, the HSE provides a grant towards the overall costs of running certain organisations. Neither the pension levy nor the reduction in salary applies to such employees”.

Departmental Staff. 156. Deputy Noel Ahern asked the Minister for Finance the position regarding the case of a person (details supplied) in Dublin 11; if he will continue to be employed; the way he was informed that he was on a fixed-term contract in view of the fact that he has been in continuous employment since 2003; if he will confirm that this person is not being penalised for being out sick with a broken arm; the way this employee was previously given a statement for mortgage purposes stating that he was in permanent pensionable employment; if he will arrange with the Department of Social and Family Affairs that the person concerned will not be discriminated against for mortgage allowance in view of same; and if he will make a statement on the matter. [2343/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The person in question completed an apprenticeship with the Office of Public Works in January 2009. He was subsequently engaged on a fixed term contract which expired on the 7 January 2010. In view of the Government moratorium on recruitment, which came into effect in March 2009, the contract of employment could not be considered for renewal or extension, and the person was advised accordingly. I am making further enquiries into the statement referred to concern- ing pensionable employment and will communicate directly with the Deputy later, when these enquiries have been completed. The question of mortgage allowance is a matter for the Mini- ster for Social and Family Affairs.

Tax Code. 157. Deputy Noel Ahern asked the Minister for Finance if he will clarify the issue of the tax treatment of couples on old age pensions in a manner that could be regarded as discriminatory and outline the way in which their PAYE tax credit is implemented when the couple are on separate social welfare pensions when the couple has one person on social welfare and one on qualified adult allowance, when the couple divide their entitlements with each getting their own payment; and the way in which social welfare take this into account when they included pensions as qualified adult allowance when their own entitlement on their own record may be slightly less. [2357/10]

754 Questions— 20 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that, in general, three scenarios may arise.

Scenario A Only one spouse is entitled to the State pension (contributory) and such spouse receives an increased amount in respect of his/her adult dependant. In this scenario, there is only one State pension and therefore only one PAYE tax credit is due against such pension (assuming, of course, that such PAYE tax credit is/was not utilised against that spouse’s other income).

Scenario B Only one spouse is entitled to the State pension (contributory) with such spouse entitled to an increased amount in respect of his/her adult dependant. However, the adult dependant has requested that the adult dependant element of the pension be payable by the Department of Social and Family Affairs directly to him/ her. In this scenario, there is only one State pension and therefore only one PAYE tax credit is due against such pension (assuming, of course, that such PAYE tax credit is/was not utilised against other income). This position remains unaltered even though the adult dependant amount is payable directly to the adult dependant by the Department of Social and Family Affairs.

Scenario C Each spouse is entitled in his/her own right to a State pension (for example, arising from his/ her own respective relevant social welfare contributions whilst working) In this scenario

• there are two separate and distinct State pensions; and

• each spouse is entitled to a PAYE tax credit against his/her respective State pension (assuming, of course, that each spouse’s PAYE tax credit is/was not utilised against their other income).

The question of entitlement to these payments is a matter primarily for the Minister for Social and Family Affairs.

158. Deputy Ulick Burke asked the Minister for Finance the action he will take in respect of the European Commission’s finding that the imposition of the vehicle registration tax on vehicles, when VRT has already been paid in the country of origin, is contrary to the obligations assumed by section 90 of the Single European Act; and if he will make a statement on the matter. [2369/10]

159. Deputy Ulick Burke asked the Minister for Finance the formula in use by the Revenue Commissioners to calculate vehicle registration tax on imported cars from within the EU, when tax has been previously paid, in view of the fact that this formula bears no relevance to the actual value of the vehicle, the price paid for same or the age of the car; the way this formula is arrived at; and if he will make a statement on the matter. [2370/10]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 158 and 159 together.

755 Questions— 20 January 2010. Written Answers

[Deputy Brian Lenihan.]

I am advised by the Revenue Commissioners that under section 132 of Finance Act 1992 vehicle registration tax (VRT) is chargeable, leviable and payable on the registration of vehicles in the State. There is no provision in law for an exemption from, or reduction in, the charge to VRT in relation to vehicles that were previously registered in another jurisdiction. VRT is charged on the open market selling price (OMSP) of a vehicle in the State. OMSP is defined in section 133 of the Finance Act 1992 and is the price, inclusive of all taxes and duties, which a vehicle may reasonably be expected to fetch on a first arm’s length sale in the open market in the State by retail. The OMSP of new vehicles in the State is declared to the Revenue Commissioners by wholesale distributors of new vehicles, while the OMSP of imported second hand vehicles is determined by the Revenue Commissioners based on factors such as age, mileage and vehicle condition. In order to provide the same base for the application of VRT on vehicles sourced in the State and abroad, VRT is charged on the OMSP of the vehicle and not on the purchase price of vehicles bought in other jurisdictions. The amounts, levels or types of tax charged on a vehicle in another jurisdiction, while they might impact on the purchase price of the vehicle in that jurisdiction, are not taken into account in the calculation of the OMSP in the State. From a European Union perspective, VRT is a national tax and does not contravene EU law. Article 90 of the EC Treaty allows Member States to charge national taxes provided that there is no discrimination against imported goods in favour of indigenous goods. It provides that:

“No Member State shall impose, directly or indirectly, on the products of other Member States any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products”.

This principle was further underpinned by a European Court of Justice (ECJ) judgement (Case C-313/05, Maciej Brzezinski v Dyrektor Izby Celnej w Warszawie) of 18 January 2007, where the ECJ ruled in favour of Poland regarding their entitlement to charge an excise duty on the importation of second-hand vehicles into that jurisdiction. Accordingly, in the case of a vehicle brought into Ireland from another jurisdiction, VRT is payable on the registration of the vehicle in the State, irrespective of whether or not a regis- tration (or similar) tax had been paid previously outside the State.

Flood Relief. 160. Deputy Ulick Burke asked the Minister for Finance his plans to prevent the reoccur- rence of flooding in south Galway; his views on the need for compromise between State agen- cies in order that works can be carried out without obstruction from some such agencies; and if he will make a statement on the matter. [2388/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Following recent flooding in County Galway, a Joint OPW / Galway County Council Working Group was set up that is tasked with arranging for the collection of flood level data, assessing the damage caused by the recent flooding, and identifying interim flood mitigation measures. At its first meeting in December, the Group identified an initial action programme which includes a review of the final recommendations in the 1997 South Galway Flood Report in the light of the recent flooding with a view to identifying if flood risk in this area has significantly changed from the previous flood event. There will be ongoing examination by the Group of individual areas to identify possible local relief measures.

756 Questions— 20 January 2010. Written Answers

In carrying out flood mitigation works the OPW, like any other agency or individual, has no alternative but to take account of the wide-ranging environmental constraints on flood miti- gation works. In particular, the OPW has to have regard to the EU Habitats Directive and other environmental legislation. Securing the necessary consents and licences for works in environmentally sensitive areas can be time consuming and not without cost. The OPW liaises continually with the relevant State bodies involved in environmental protec- tion i.e. the Fisheries Boards and, primarily, the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government. The OPW is currently in discussion with the NPWS with a view to developing a Memor- andum of Understanding aimed at facilitating more efficient and streamlined decision making in relation to environmental issues affecting proposed flood relief works. In developing the Memorandum of Understanding, particular attention will be given to striking an acceptable balance between environmental protection considerations and the need to implement EU and national flood policy which is designed to protect people, property and infrastructure. While I am sure the different interests and priorities can be reconciled, I am firmly of the opinion that proper weight must be given to flood protection, where people are concerned.

161. Deputy Ulick Burke asked the Minister for Finance his plans to prevent reoccurrence of serious flooding in the town of Ballinasloe, County Galway; and if he will make a statement on the matter. [2390/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Following the severe flooding in many areas of Galway, a joint OPW and Galway County Council Working Group was set up in December to identify areas where localised minor flood mitigation works might be feasible. The aim will be to progress, as quickly as possible, in the short-term, through the minor flood relief works scheme, for which applications have been invited from Galway County Council that are identified for Ballinasloe, as acceptable on economic and environmen- tal grounds. In mid-2010, the Office of Public Works will commission the Shannon Flood Risk Assessment and Management Study to identify the level of flood risk throughout the catchment and produce a prioritised plan of measures to address the risks identified in a comprehensive and integrated way. The study will involve all of the main stakeholders who have a role in the management of the Shannon, with a view to ensuring that all flood risk factors are managed in a coordinated way. Ballinasloe and the River Suck catchment will be among the areas the Study will focus on.

162. Deputy Ulick Burke asked the Minister for Finance if he intends to establish a single agency for the control and management of the Shannon basin and water levels throughout the river basin; and if he will make a statement on the matter. [2391/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): At present, a number of agencies, including the ESB, relevant local authorities and Waterways Ireland have a specific statutory function or a responsibility in relation to the control and management of the Shannon basin and its water levels. Future management of the Shannon must take account of relevant EU legislation relating to rivers, in particular, the Water Framework Directive and the Floods Directive. The Water Framework Directive, which is primarily concerned with water quality, is the responsibility of the Department of the Environment, Heritage and Local Government, operating through a network of River Basin District committees containing representatives of major stakeholders.

757 Questions— 20 January 2010. Written Answers

[Deputy Martin Mansergh.]

The Floods Directive requires that the level of flood risk in each catchment in the country, including the Shannon, should be identified and that a prioritised plan of measures be drawn up to address the risk in areas where it is significant. This will be done for each catchment, through a Flood Risk Assessment and Management Study. The Office of Public Works will take the lead coordinating role in the carrying out of the Shannon FRAM. The study, which is expected to commence in mid-2010, will involve consul- tation with all of the main stakeholders, including the ESB, Waterways Ireland, National Parks and Wildlife Service and relevant Local Authorities. I intend to transpose the EU Floods Directive by Statutory Instrument into Irish law shortly. The effect of this is, rather than creating a single agency as suggested by the Deputy, to give to the OPW in respect of flood risk, the necessary statutory authority to ensure the participation of the stakeholders in the process. The EU requires that the implementation of the Floods Directive and the Water Framework Directive should be closely coordinated in each Member State. This provides the basis for the development of an integrated, coordinated approach to the management of all matters relating to the River Shannon.

Banking Sector Regulation. 163. Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied) in Dublin 3. [2567/10]

Minister for Finance (Deputy Brian Lenihan): While I regret the closure of any bank branches the Deputy will no doubt appreciate that the provision of services by banks, including the location of branches, is a commercial decision for the banks. The Deputy might wish to note that there is a provision in the Financial Regulators Consumer Protection Code which imposes certain obligations on banks who have decided to close or move a branch in a given location. The relevant provision states: Where a credit institution plans to close or move a branch it must inform affected consumers in writing at least 3 months in advance and advise the Financial Regulator immediately thereof. The wider local community should also be informed, in advance, through notification in the local press. This advance notification requirement is designed to give existing consumers the necessary time to choose another credit institution.

Departmental Bodies. 164. Deputy Enda Kenny asked the Minister for Finance if, any agency, organisation or body in receipt of State funding should be included under the Freedom of Information Act; the range of bodies, organisations and agencies that are in receipt of public funding that are not covered under the FOI Act; and if he will make a statement on the matter. [2574/10]

Minister for Finance (Deputy Brian Lenihan): The Freedom of Information Act (FOI), which covered 67 public bodies when it commenced in April 1998, now applies to over 500 bodies across the public sector. My Department periodically reviews the range of bodies covered by the Act and routinely engages with Government Departments about bodies under their aegis that might be considered for FOI. Work is ongoing at present on an extension of the Act to a number of such bodies. Application of the Freedom of Information Act to a body is considered under a number of criteria, for example whether the body is in receipt of or administering,

758 Questions— 20 January 2010. Written Answers considerable public funds or is it exercising important statutory functions, funded by the State or otherwise. Other factors looked at are whether the body is in a category or sector where FOI already applies to other public bodies or where work was formerly done by a Government department and is now done by a state agency. Each case is considered on its own particular merits and the range of bodies remaining outside of FOI is kept under review.

Health Service Staff. 165. Deputy Eamon Gilmore asked the Minister for Health and Children if she will approve the appointment of a chief medical officer for the Dún Laoghaire Rathdown area, a position which has been vacant since August 2009; and if she will make a statement on the matter. [2279/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services. 166. Deputy Seán Sherlock asked the Minister for Health and Children the working relation- ship between the Health Service Executive and a group (details supplied); and if she will make a statement on the matter. [2696/10]

167. Deputy Seán Sherlock asked the Minister for Health and Children the working relation- ship between the Health Service Executive and a group (details supplied); and if she will make a statement on the matter. [2695/10]

168. Deputy Seán Sherlock asked the Minister for Health and Children the relationship between the Health Service Executive and a group (details supplied); and if she will make a statement on the matter. [2697/10]

172. Deputy Seán Sherlock asked the Minister for Health and Children the relationship between the Health Service Executive and a group (details supplied); and if she will make a statement on the matter. [2284/10]

175. Deputy Seán Sherlock asked the Minister for Health and Children the relationship between the Health Service Executive and a group (details supplied); and if she will make a statement on the matter. [2288/10]

176. Deputy Seán Sherlock asked the Minister for Health and Children the relationship between the Health Service Executive and a group (details supplied); and if she will make a statement on the matter. [2292/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I propose to take Questions Nos. 166 to 168, inclusive, 172, 175 and 176 together. As these are service matters they have been referred to the HSE for direct reply.

Computerisation Programme. 169. Deputy Brian Hayes asked the Minister for Health and Children the number of websites her Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if she will make a statement on the matter. [2242/10]

759 Questions— 20 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): Information in relation to my Department’s websites is set out in the following table.

Website Description No. of unique Cost visits

DoH&C group sites www.dohc.ie Department of Health & Children website 430,393 www.cpsqa.ie Commission on Patient Safety and Quality *Not available Assurance website www.healthreform.ie Health Service Reform Programme website * www.mentalhealthpolicy.ie Expert group on mental health policy website * www.blooddirective.ie Website for the implementation of the EU * Blood Quality and Safety Directive 2002/98/EC

Total cost for DoH&Cgroup These sites are managed as a single contract. * 11,138 websites www.adoptionboard.ie Adoption Board of Ireland website * 719

OMCYA group sites www.omcya.ie Office of the Minister for Children and Youth 108,891 Affairs website www.comhairlenanog.ie Provides information on the role and purpose 2,704 of Comhairle na nÓg and links to all Comhairle na nÓg websites throughout the country www.childrensdatabase.ie Provides access to research and information 7,254 on children for policy-makers, Government departments, academics, voluntary organisations and the general public www.nprrc.ie The National Play and Recreation Resource 2,903 Centre provides information, support and advice on a range of issues affecting the development of children’s play in Ireland www.ncac.ie National Children’s Advisory Council website. * The mission of the National Children’s Advisory Council is to make a difference to children and young people’s lives, by making childhood and youth a more positive and enjoyable experience for everyone www.studentcouncil.ie(until Student Council Second Level Support * mid 2009) Service website, the aim of the service is to provide ongoing support for all student council liaison teachers. (now transferred to Dept. of Education and Science) Cost forOMCYA group sites All the OMCYA websites, except 9,598 www.teenspace.ie are managed as a single contact. www.teenspace.ie Teenspace provides information on events, 108,550 12,698 activities and recreation services for young people from 10 to 18

Total cost for allOMCYA sites All the OMCYA websites including 22,296 www.teenspace.ie

Total cost for all sites 34,153 *Not Available. Statistics are not maintained in relation to these sites.

760 Questions— 20 January 2010. Written Answers

Medical Cards. 170. Deputy Jack Wall asked the Minister for Health and Children when a decision will be made on an application for a full medical card in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2254/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services. 171. Deputy Emmet Stagg asked the Minister for Health and Children the reason for the delay in providing occupational therapy for a child (details supplied) in County Kildare. [2273/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Question No. 172 answered with Question No. 166.

Departmental Expenditure. 173. Deputy Seán Sherlock asked the Minister for Health and Children the relationship between the Health Service Executive and a group (details supplied); and if she will make a statement on the matter. [2286/10]

174. Deputy Seán Sherlock asked the Minister for Health and Children the relationship between the Health Service Executive and a group (details supplied); and if she will make a statement on the matter. [2287/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I propose to take Questions Nos. 173 and 174 together. The table sets out the level of funding provided by the Department of Health and Children to the organisation in question in the period 2000-2005.

2000 2001* 2002 2003* 2004 2005

€335 €170,814 €5,305 €221,925 €202,909 €297,354 *Includes National Lottery Grants of €38,192 in 2001 and €50,000 in 2003.

Revenue funding provided over the period was in respect of operational costs while the grants approved under the National Lottery were in respect of building and start-up costs. My Depart- ment has asked the HSE to reply to the Deputy with regard to the provision of funding since 2005 to the organisation in question. I have no information to hand with regard to the provision of funding by other state bodies.

Questions Nos. 175 and 176 answered with Question No. 166.

Medical Cards. 177. Deputy Billy Timmins asked the Minister for Health and Children the dedicated hotline 761 Questions— 20 January 2010. Written Answers

[Deputy Billy Timmins.] for Deputies queries regarding over 70 years medical card applications; and if she will make a statement on the matter. [2303/10]

Minister for Health and Children (Deputy Mary Harney): My Department has been in dis- cussion with the Health Service Executive about putting in place a dedicated telephone number for Oireachtas members for enquiries about medical card applications being processed by the Primary Care Reimbursement Service in Dublin. A letter issued to all Oireachtas members yesterday in this regard.

Accident and Emergency Services. 178. Deputy Martin Ferris asked the Minister for Health and Children when the new accident and emergency department will be completed at a hospital (details supplied); and if she will make a statement on the matter. [2313/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Staff. 179. Deputy Olwyn Enright asked the Minister for Health and Children if a specialist will be in place at a hospital (details supplied); and if she will make a statement on the matter. [2322/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Medical Cards. 180. Deputy Noel Ahern asked the Minister for Health and Children the position regarding the withdrawal of a medical card by the Health Service Executive in the case of persons (details supplied) in Dublin 9; if this case will be reviewed and new cards issued; if an examination will be carried out regarding the level of service at this unit. [2344/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Home Subventions. 181. Deputy Noel Ahern asked the Minister for Health and Children if she will examine the case of a person (details supplied) in Dublin 9; if their application for the fair deal will be approved and backdated to the date they went into a nursing home; and if she will make a statement on the matter. [2348/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services. 182. Deputy Noel Ahern asked the Minister for Health and Children the reason for the difficulties with the orthodontic services in Dublin area; if he will explain the reason for the waiting list; the detail of staff numbers compared with three years ago; and if a person (details supplied) in Dublin 9 will be called for treatment as soon as possible. [2352/10]

762 Questions— 20 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Child Care Services. 183. Deputy Olwyn Enright asked the Minister for Health and Children the actions she has taken to advertise the early childhood care and education scheme; and if she will make a statement on the matter. [2366/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have responsibility for the implementation of the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme which commenced earlier this month. Following the announcement of the ECCE scheme in the April 2009 Supplementary Budget, information in relation to the scheme has been available from my Office either through direct contact or from the website www.omcya.ie. From May 2009, information in relation to the scheme has also been available from the 33 City and County Childcare Committees which assist my Office in implementing the scheme and are well placed to provide additional information and local details to parents. The City and County Childcare Committees have also been pro- active in promoting the scheme at local level including holding information nights for parents and pre-school service providers. In June of last year, my Office wrote to all pre-school services notified to the Health Service Executive (HSE) and registered with the Irish Montessori Educational Board (IMEB) with further details of the scheme and inviting them to apply. This was followed in July 2009 by the issue of an information leaflet entitled “Guide for Parents to the free Pre-School Year in Early Childhood Care and Education (ECCE)” and covering letter to all parents of children who would qualify for the scheme in January 2010. The leaflet provided information in relation to the scheme to inform parents and assist them with enrolling their children in their local partici- pating pre-school services. Contact details for the 33 City and County Childcare Committees were also included. Approximately 4,000 pre-school services are participating in the scheme and many of these have actively advertised that they would be participating in the scheme and providing free pre- school year places. Participating services are currently making a return to my Office giving details of the children enrolled with them for the pre-school year. To ensure that parents of qualifying children are fully aware of the scheme and the deadline for enrolment, advertise- ments highlighting the fact that the scheme is closing to January 2010 applicants, were recently placed by my Office in 2 Sunday and 42 regional newspapers. In addition, I was interviewed by local, regional and national radio about the scheme in the first two weeks of January. National television and the national print media also carried interviews with me and features on the scheme. The first full year of the ECCE scheme will commence in September 2010 and I would anticipate that a further information leaflet for parents of qualifying children will be issued by my Office in May of this year.

Medical Cards. 184. Deputy Ulick Burke asked the Minister for Health and Children the criteria involved in the decision to remove the issuing of medical cards to older persons from local health board offices to Finglas, Dublin 11; the reason for the implementation of this new scheme; the number of staff that have been put in place to administer this new scheme; the number of additional staff that have been put in place to try and clear the log jam in the system; the reason for the

763 Questions— 20 January 2010. Written Answers

[Deputy Ulick Burke.] inefficiencies and mismanagement of the scheme in view of the upset and distress that these delays have caused to older persons; if it has been cost effective for the Health Service Execu- tive taking into account that the over 70 years scheme accounts for less than 10% of all medical cards; and if she will make a statement on the matter. [2368/10]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive, with my full support, has decided to centralise the processing of all medical card and GP visit card applications and renewals at its Primary Care Reimbursement Service (PCRS) in Dublin. The process commenced in January 2009 when the PCRS took over the processing of all medical card applications for persons aged 70 or over. The second phase commenced in September 2009 with the transfer of the case load from two local health offices (LHOs) in Dublin to the PCRS. The HSE has advised that the transfer of the case load from the two LHOs included a backlog of some 6,500 cases. These are being dealt with as a matter of urgency by the PCRS. As a result, resources which would have been deployed in customer relations and phone answering have been assigned to deal with this backlog. The HSE is providing additional resources to respond to phone queries, the majority of which relate to the outstanding applications. In 2009, the PCRS processed over 72,000 medical card applications. This included nearly 42,000 reviews. In relation to these reviews, 85% of cases where the required information was supplied were completed within 20 days and 95% within 30 days. The HSE has no control over delays where relevant information is not provided but it has confirmed that when the required information is received, the review is processed without further delay. The HSE intends to transfer the processing of all new medical / GP visit card applications and new reviews / renewals from the other LHOs to the PCRS in April this year. Any applications / reviews received before the date of transfer will be dealt with by the relevant LHO. The HSE is currently putting arrangements in place to track the time taken by each local health office to process applications. I have asked for a report on this issue to be submitted to me by the end of this month. The HSE has recently launched a facility — www.medicalcard.ie — where a person who has applied through the PCRS can view the status of their medical/GP visit card application or review online, using a unique reference number that is provided on the acknowledgement sent to them. If a mobile telephone number is supplied with the application/review, an acknowledge- ment of receipt and the application status/progress of the case will automatically be delivered to the applicant by text message as their case proceeds through the assessment process. The PCRS is also finalising the development of a facility which will allow people to apply on-line if they wish. The HSE has advised that when fully implemented, the initiative to centralise the processing of all medical card and GP visit card applications and renewals will ensure: Improved turnaround times for processing of applications: under the new arrangements the HSE will be aiming for a turnaround time of 15 working days or less, with provision for emer- gency applications to be dealt with immediately; Consistent and equitable application of eligi- bility and service provision; Clearer governance and accountability, as well as improved man- agement information; and A reduction in the overall number of staff required to process medical/GP visit card applications, thus freeing up staff for other service needs.

764 Questions— 20 January 2010. Written Answers

My Department has been in discussion with the HSE about putting in place a dedicated telephone number for Oireachtas members for enquiries about applications being processed by the PCRS. A letter has issued to all Oireachtas members yesterday in this regard. The most recent figures provided to my Department by the HSE show that there were 1,478,560 medical card holders on 31st December 2009, approximately 23% of whom are per- sons aged 70 or over. The other issues raised by the Deputy are operational matters. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address these matters and to have a reply issued directly to the Deputy.

185. Deputy Ulick Burke asked the Minister for Health and Children the number of persons in County Galway, city and county, who are medical cards holders for each of the years 2007, 2008 and 2009; the number of other medical cards holders in the county; and if she will make a statement on the matter. [2371/10]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has the operational and funding responsibility for the medical card and GP visit card benefits. It collates medical card and GP visit card data by county, age and gender. Therefore, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Health Services. 186. Deputy Ulick Burke asked the Minister for Health and Children the number of home helps provided by the Health Service Executive in Galway city and county; the number of persons benefiting from this service for each of the years 2007, 2008 and 2009; and the cost of each year. [2372/10]

187. Deputy Ulick Burke asked the Minister for Health and Children the number of home help packages provided by the Health Service Executive west in County Galway for each of the years 2006, 2007, 2008 and 2009; her views on this service. [2373/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): I propose to take Questions Nos. 186 and 187 together. As this is a service matter it has been referred to the Health Service Executive for direct reply.

Departmental Properties. 188. Deputy Ulick Burke asked the Minister for Health and Children the time scale for the proposed disposal of property at a hospital (details supplied) in County Galway; if there is a current valuation of the total property; if there are any potential buyers; if the resources from the sale are to be ring fenced for the improvement of mental health services in east Galway as promised; and if she will make a statement on the matter. [2389/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Hospitals Building Programme. 189. Deputy Ulick Burke asked the Minister for Health and Children the original contract cost for the provision of the new health centre at a hospital (details supplied) in County Galway;

765 Questions— 20 January 2010. Written Answers

[Deputy Ulick Burke.] the expenditure to date on its construction; the increased cost, if any; the final cost envisaged for the completion of the work; and if she will make a statement on the matter. [2395/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Accommodation. 190. Deputy Ulick Burke asked the Minister for Health and Children the bed capacity of University College Hospital, Galway, Merlin Park Hospital, Galway and Portiuncula Hospital, Ballinasloe, County Galway; the number of bed closures during 2007, 2008 and 2009 at each location; if it was for reconstruction and repairs, over capacity, or as a cut back in funding or staff shortage; and if she will make a statement on the matter. [2398/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Patient Statistics. 191. Deputy Ulick Burke asked the Minister for Health and Children the increased number of patients treated in each speciality following the designation of University College Hospital, Galway as a centre of excellence; the increased bed numbers provided to cater in each specialist area now in place; the increased funding and staff to provide for these increases; and if she will make a statement on the matter. [2399/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Health Services. 192. Deputy Ulick Burke asked the Minister for Health and Children the funds provided by the Health Service Executive to service providers in County Galway for each of the years 2007, 2008 and 2009 for the provision of services to the physical and mentally handicapped persons at centres in both the city and county; and if she will make a statement on the matter. [2402/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Departmental Properties. 193. Deputy Joe McHugh asked the Minister for Health and Children if plans are in place to sell lands at a location (details supplied) in County Donegal; when the land will go on the market; her views on whether it is opportune to sell this land at this time; and if she will make a statement on the matter. [2432/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Water Fluoridation. 194. Deputy Mary Alexandra White asked the Minister for Health and Children the cost of the water fluoridation programme in 2006; and if she will make a statement on the matter. [2557/10]

766 Questions— 20 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Bio-Monitoring Programme. 195. Deputy Mary Alexandra White asked the Minister for Health and Children when in 2010 the bio-monitoring programme to measure fluoride levels in the general population, as outlined in the renewed programme for Government, will commence; the changes that are envisaged; and if she will make a statement on the matter. [2558/10]

Minister for Health and Children (Deputy Mary Harney): In 2007, the Health Service Execu- tive (HSE) joined an EU Human Bio Monitoring programme. The HSE will use this Human Bio Monitoring programme to collect information regarding the total exposure in the population to fluoride which will satisfy the Programme for Govern- ment commitment. I expect results from this programme in 2012. The programme is due to commence in mid July 2010.

Health Services. 196. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question No 105 of 4 November 2009, when a reply will issue from the Health Service Executive. [2564/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Laboratory Services. 197. Deputy Olivia Mitchell asked the Minister for Health and Children if she will clarify remarks made by her in Dáil Éireann on 8 December 2009 (details supplied); and if she will make a statement on the matter. [2569/10]

Minister for Health and Children (Deputy Mary Harney): The external review of laboratory services, which was conducted for the HSE by Teamwork Management Services in 2007, high- lighted limitations in the current organisation of laboratories. These limitations had an adverse effect on quality, turnaround time and cost. The review found that “the whole system quality” of laboratories was not of a sufficiently high standard. The review also found that the overall proportion of individual laboratory medicine disciplines that had achieved accreditation status was low, “end-to-end” information systems were unsatisfactory and logistic services were inad- equate. It found as well that the general condition of the laboratory estate typically was tra- ditionally designed and outmoded. In light of the review, the HSE announced plans early last year to modernise laboratory services and to introduce significant efficiencies in the configuration and operation of these services. The HSE has already had significant engagement with stakeholders in progressing this initiative. Groups such as the Faculty of Pathology and the Medical Laboratory Scientists Association will have a continuing input into the process. I am also pleased to say that some improvements in laboratory service have taken place since the completion of the review. The number of individual laboratory disciplines which have been accredited has increased significantly. In addition, some reconfiguration of laboratory services has been achieved by transferring work undertaken in a number of small laboratories to larger laboratories. This allows for a higher level of throughput. I want to acknowledge the

767 Questions— 20 January 2010. Written Answers

[Deputy Mary Harney.] important role of staff and other stakeholders in effecting these changes and to the shared commitment of all to the objective of high quality laboratory services.

Health Services. 198. Deputy Seán Fleming asked the Minister for Health and Children if she will examine the case of a person (details supplied) in County Laois in order that there is no reduction in home help hours. [2579/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Nursing Home Subventions. 199. Deputy Michael Noonan asked the Minister for Health and Children if payments to nursing homes under the fair deal scheme are made from the date of application for the scheme or from the date of sanction; the provision that is made for payment in respect of patients under the winter initiative who after a two week stay in nursing homes are deemed in need of full-time residential care; and if she will make a statement on the matter. [2582/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): The legislation provides that applicants to the scheme who were in nursing home care on the date the scheme commenced (27th October 2009) shall have their State support backdated to that date. The HSE’s Guidelines on the Standardised Implementation of the Nursing Homes Sup- port Scheme state that, subject to overall resources, people who enter nursing homes after the commencement of the scheme will have their financial support paid either from the date that the application was made or from date of admission to the nursing home, whichever is the later. Individuals who enter nursing home care on a short-term basis but are subsequently deemed to require long-term nursing home care may apply for the scheme and will have their State support backdated in accordance with the HSE’s Guidelines.

Hospitals Building Programme. 200. Deputy Emmet Stagg asked the Minister for Health and Children if phase 3C of Naas General Hospital in County Kildare has been included in the revised capital programme 2007 to 2013. [2593/10]

Minister for Health and Children (Deputy Mary Harney): A draft capital plan for the period 2010-2014 was submitted to my Department last Friday (15th January) by the Health Service Executive. My Department is reviewing the proposals and following up with the HSE where further details may be required. The proposed plan requires my approval with the consent of the Minister for Finance. Details of the plan will be published by the HSE following its approval.

Health Services . 201. Deputy Emmet Stagg asked the Minister for Health and Children if her attention has been drawn to the fact that the adult and child psychology service in County Kildare is operating at 25% of the level required in view of the fact that there are nine psychologists employed when the number required to meet existing demands is 36 psychologists; the steps she will take to correct this breakdown in the provision of health services. [2595/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

768 Questions— 20 January 2010. Written Answers

202. Deputy Emmet Stagg asked the Minister for Health and Children the number of children and adults awaiting assessment for occupational therapy in County Kildare and west County Wicklow. [2596/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

203. Deputy Emmet Stagg asked the Minister for Health and Children the number of vacant posts in the occupational therapy service in County Kildare and west County Wicklow; and the number of posts presently filled. [2597/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

204. Deputy Emmet Stagg asked the Minister for Health and Children the waiting times for hearing tests for children in County Kildare in Newbridge and Tallaght health centres; and the number of children from County Kildare on the waiting list for each centre for a hearing test. [2598/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Hospital Waiting Lists. 205. Deputy Emmet Stagg asked the Minister for Health and Children if her attention has been drawn to the fact that persons living in County Kildare with arthritis have to wait for up to three years to see a consultant rheumatologist in Tallaght Hospital, Dublin; her views on whether this is acceptable; the steps she will take to rectify this problem. [2600/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

206. Deputy Emmet Stagg asked the Minister for Health and Children her views on whether it is acceptable that children with arthritis have to wait 13 months to see the only paediatric rheumatologist here; the steps she will take to address this matter. [2601/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Services. 207. Deputy Bernard J. Durkan asked the Minister for Health and Children if financial assistance or otherwise will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2612/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

208. Deputy Bernard J. Durkan asked the Minister for Health and Children if it could be arranged that a district nurse will call to a person (details supplied) in County Kildare on a weekly basis; and if she will make a statement on the matter. [2614/10]

769 Questions— 20 January 2010. Written Answers

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply

209. Deputy Emmet Stagg asked the Minister for Health and Children if she will reinstate the special needs dentist at Naas General Hospital, County Kildare in order to ensure safe treatment of children suffering from cerebral palsy and epilepsy. [2618/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Rural Transport Services. 210. Deputy Tom Hayes asked the Minister for Transport the amount spent on rural trans- port in south Tipperary every year since 2004 to date in 2010; the number of routes that are funded by his Department; the number of passengers that avail of this service in south Tipperary annually; and if an expansion of routes is planned for 2010. [2441/10]

Minister for Transport (Deputy Noel Dempsey): Pobal administers the Rural Transport Prog- ramme (RTP) on behalf of my Department. The provision of services under the Programme is a matter for Pobal and the individual RTP groups who know where the transport needs are in their areas and how best to address them. Rural transport services in the South Tipperary area are provided by Carlow, Kilkenny & Tipperary South Riding Rural Transport Limited, which operates as Ring-a-Link. The funding allocated to Ring-a-Link in the years 2004-2010 is as follows:

Year Department of Transport Free Travel Pass (Department of Social & Family Affairs)

€€

2004 174,854 21,712 2005 201,983 33,972 2006 229,154 36,862 2007 457,900 62,535 2008 377,940 59,900 2009 457,998 57,699 2010 450,000 67,373

Total 2,349,829 340,053

Details of the total services operated by Ring-a-Link across its network in counties Carlow, Kilkenny and Tipperary since 2004 are as follows:

Year Number of Services Number of Passengers

2004 757 18,136 2005 1080 22,431 2006 1421 27,548 2007 2180 38,697 2008 2654 46,893 2009 2735 52,425

Total 10,827 206,130

770 Questions— 20 January 2010. Written Answers

Information concerning services on an individual county basis for Ring-a-Link is not available to my Department.

Departmental Websites. 211. Deputy Brian Hayes asked the Minister for Transport the number of websites his Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2246/10]

Minister for Transport (Deputy Noel Dempsey): Details of publicly facing websites provided by my Department, approximate annual maintenance costs and statistics on unique site visits can be found in the table.

Website Site Reference Number of unique visits in Annual 2009 maintenance cost (inc VAT)

Department of Transport transport.ie 134,089 (Mar 09-Dec 09) Road Haulage roadhaulage.ie Not Available Air Accident Investigation aaiu.ie Not Available 12,000 Unit Irish Coastguard irishcoastguard.ie Not Available Safety On the Water safetyonthewater.ie Not Available

Online motor tax motortax.ie 4,338,186 motarchain.ie 8,411 523,000 Change of vehicle ownership motortrans.ie 373,819

Transport 21 transport21.ie 78,780 900 Sustainable transport smartertravel.ie 1,185 (Nov 09-Jan 10) 3,000 National Bike week bikeweek.ie 14,861 (May 09-Dec 09) 6,000

In line with the Government’s eGovernment Strategy for 2010, my Department will continue to improve the provision of information via its websites, investigate the possibilities of delivering additional online services to the general public and utilise internet technologies to gain efficiencies in the running of the Department. The online motor taxation site, motortax.ie, has proved particularly successful with the general public and during 2009, more than 47% of those transactions eligible to do so, were conducted via the website. Further enhancements are planned for delivery in 2010.

National Transport Authority. 212. Deputy Brian Hayes asked the Minister for Transport when the National Transport Authority will be up and running; and if he will make a statement on the matter. [2250/10]

Minister for Transport (Deputy Noel Dempsey): I refer to my reply to Question No. 31 on 9 December 2009.

Air Services. 213. Deputy Pat Breen asked the Minister for Transport the efforts that have been made to resolve the breakdown in negotiations between an airline (details supplied) and the Shannon Airport Authority in view of the fact that it could lead to the axing of up to 18 routes from 771 Questions— 20 January 2010. Written Answers

[Deputy Pat Breen.] the airport which would have negative consequences for the region; and if he will make a statement on the matter. [2305/10]

Minister for Transport (Deputy Noel Dempsey): Negotiations between the Shannon Airport Authority and airlines are day-to-day operational matters for the authority and I have no statutory function in this regard. I have been informed however by the Shannon Airport Auth- ority that while the current economic climate remains difficult that they will continue to work with all airlines to deliver commercially viable routes to the Shannon region.

Road Network. 214. Deputy Ulick Burke asked the Minister for Transport if he has satisfied himself that the works carried out on Portumna Bridge over the River Shannon are adequate for the volume of traffic using this bridge in view of reports prior to these works being carried out; and if he will make a statement on the matter. [2397/10]

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport, I have responsi- bility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national road and bridge projects , including Portumna Bridge, is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

215. Deputy Ulick Burke asked the Minister for Transport the status that will be assigned to the old N6 route from Ballinasloe to Galway following the opening of the new M6; if it is his responsibility to alter its designation, or that of the local authority; the consequences of such change if it occurs; and if he will make a statement on the matter. [2403/10]

Minister for Transport (Deputy Noel Dempsey): Section 10 of the Roads Act 1993 as amended by Roads Act to 2007 provides for the classification of national, regional and local roads. In accordance with the section 10 (1)(e) of the Roads Act 1993 (as inserted by section 11 of the Roads Act 2007), the section of an existing national road which remains following the construction of a by-pass or a realignment is deemed to be a local road. I have statutory responsibility for the classification of public roads. Changes in the classifi- cation status of a local road to a national or regional road are made by Ministerial Order, either on my initiative or on consideration of a request from the relevant road authority. I have received no such request in relation to the N6 route from Ballinasloe to Galway. The need to update the classification of roads generally is kept under ongoing review in my Department.

Local Authority Funding. 216. Deputy Deirdre Clune asked the Minister for Transport if extra funding will be allocated to local authorities to repair roads damaged during recent bad weather; and if he will make a statement on the matter. [2426/10]

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act 1993. The carrying out of works on these roads is a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. When Exchequer grants for regional and local roads are allocated each year, my Department does not hold back a reserve allocation, at central level, to deal with weather contingencies.

772 Questions— 20 January 2010. Written Answers

Holding back such an allocation would mean a reduction in the road grant allocations made to all local authorities at the beginning of each year. The allocations made to local authorities are inclusive of a weather risk factor. Local auth- orities are expressly advised in the annual road grants circular letter that they should set aside contingency sums from their overall regional and local roads resources to finance necessary weather related works. The amount of money provided in the 2010 Estimates for funding regional and local roads is €411.177 million and this year’s allocation will be based on that amount. I have, however, asked local authorities to provide details of exceptional road related costs associated with the November 2009 flooding and recent prolonged severe weather, which fall outside the normal financial provision for winter maintenance. I will have regard to this infor- mation when deciding on the allocations. I will announce the 2010 regional and local road grant allocations by mid February 2010 at the latest.

Road Safety. 217. Deputy Deirdre Clune asked the Minister for Transport his plans to address the road safety issues that will now arise as a result of roads damaged during the recent bad weather; and if he will make a statement on the matter. [2427/10]

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. Local authorities in areas affected by the recent bad weather are already carrying out immediate repairs to damaged roads. However, some of these roads may require more exten- sive works, which will be undertaken when weather conditions are more favourable. In the meantime, as my colleagues and I have stressed in all recent press briefings on the severe weather, road users need to be extremely vigilant and to drive responsibly. This message has also been given out via the press and websites by agencies such as the Road Safety Authority and the National Roads Authority. Care also needs to be exercised by pedestrians, in view of the damage suffered to footpaths.

Public Transport. 218. Deputy Deirdre Clune asked the Minister for Transport the current usage of public transport; the targets he has for the future use of public transport; the steps taken to encourage the use of public transport; the impact the reduction of Bus Éireann services is expected to have on this; and if he will make a statement on the matter. [2428/10]

Minister for Transport (Deputy Noel Dempsey): The mode share of public transport as a means of travel to work is approximately 9%. Significant investment continues to be made in the delivery of enhanced public transport infrastructure. Over €600m in Exchequer capital has been provided in 2010 to progress rail, light rail, metro and traffic management projects. The Cork Commuter rail project and the Luas extension to the Docklands were completed in 2009. In 2010 the first phase of the Western Rail Corridor, the Kildare Route Project and phase 1 of the Navan Line will be completed. In addition, Real Time Passenger Information for bus services will be rolled out in Dublin and Cork. Good progress also continues to be made in the delivery of Integrated Ticketing. These developments combined with progress in the planning

773 Questions— 20 January 2010. Written Answers

[Deputy Noel Dempsey.] of projects such as Metro North and DART Underground will continue the process of delivering high quality public transport. In addition, the Government’s sustainable transport policy, SMARTER Travel, envisages a significant increase in public transport usage and in cycling and walking in preference to the private car. However, in the current difficult economic climate, it must be recognized that public services need to be delivered in as cost efficient and effective manner as possible. Bus Éireann and the other CIÉ companies will have to take measures to address reduced revenue and ensure their continued financial stability. These measures, combined with investment in public transport infrastructure, will provide a basis for a high quality and economically sus- tainable public transport system.

Departmental Websites. 219. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the number of websites his Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2243/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department provides centralised support for 23 websites developed under its IT Shared Service model. Figures recorded in 2009 indicate that there were over one quarter of a million unique visits to my Department’s main site (www.justice.ie) and over a half a million unique visits to the website of the Irish Naturalisation & Immigration Service (www.inis.gov.ie). Individual visits are not recorded for all sites. Hosting and related charges for these sites in 2009 came to €38,408. Other costs, such as staff time spent maintaining the site content which forms part of the day to day work of the Depart- ment, are not separately accounted for. Websites are an essential communications tool for any modern organisation in providing essential customer services. As part of the Shared Service model, websites are developed and maintained based on reusable templates. This approach has led to a reduction in the cost and effort of setting up and supporting websites.

Proposed Legislation. 220. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the steps taken to deal with the issue of organised begging; if legislation is planned to allow the Garda deal with this growing problem; and if he will make a statement on the matter. [2247/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I intend to publish new legislation on begging in due course to take account of the High Court judgment in the Dillon case. The Court ruled that the current law, Section 3 of the Vagrancy (Ireland) Act 1847, was unconstitutional. The Deputy might note that, already, there are provisions in the Children Act 2001 directed at those who use children for begging. Section 247 of that Act provides that it is an offence to cause, procure or allow a child to beg.

221. Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform if and when he will table the necessary legislation to allow for the Comptroller and Auditor General to become the auditor of the Office of the Wards of Court; when he expects legislation to be passed which will see the extension of the powers of the Ombudsman to the Office of the Wards of Court; and if he will make a statement on the matter. [2255/10]

774 Questions— 20 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As indicated in the Government Legislative Programme, announced by the Chief Whip on 19 January, 2010, the Civil Law (Miscellaneous Provisions) Bill is in the course of being drafted with a view to being published in this session. The provisions in the Bill for the establishment of a Court Funds Office will include amendment of the Comptroller and Auditor General (Amendment) Act 1993 to allow the Comptroller and Auditor General to act as auditor of all court funds, includ- ing those of wards of court. There are no proposals to extend the powers of the Ombudsman to the Office of the Wards of Court which functions under court authority. The Office is subject to the direction of the President of the High Court in the exercise of its functions.

Garda Operations. 222. Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the monthly costs, including a detailed explanation of the way the figures are calculated, for policing the Corrib gas project in Balanaboy, County Mayo from September 2006 to date in 2010. [2275/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda Authorities that the overall costs of the policing operation to date for the Corrib Gas project, from the commencement of the operation in August 2005 to end-December 2009 is approximately €13.843 million. A detailed breakdown of the figures is set out in the table. These figures do not include the basic salaries of the members who performed the duty at the Corrib Gas project. These costs and the breakdown of costs by month are not readily available and could only be obtained by the disproportionate expenditure of Garda time and resources relative to the information sought.

Corrib Gas operation €

Overtime and allowances 8,583,985 Travel & Subsistence 4,317,104 Employer’s PRSI 692,914 Miscellaneous Expenses 248,754

Total 13,842,757

Garda Investigations. 223. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the circumstances surrounding the importation of explosives here by a Slovak national; the action he has taken to have this matter investigated here and in Slovakia; the reason he did not summon the Slovakian Ambassador and make a formal protest in view of the cross-border nature of the incident; and if he will make a statement on the matter. [2359/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The circumstances surrounding the import of an explosive substance to Ireland from the Slovak Republic on 2 January 2010 are a matter of serious concern to me and the Government. The background to this incident is that the Garda Síochána were contacted by the Dublin Airport Authorities on 5 January 2010 informing them that they had received a communication purporting to be from the Slovak Authorities apparently to the effect that, due to an error during an airport security test exercise at Poprad-Tatry Airport on 2 January 2010, a sample package containing explos- ives was left in the luggage of a passenger who boarded a flight for Dublin. The Gardaí moved swiftly to recover the substance and, with the assistance of the Army, ensured it did not pose 775 Questions— 20 January 2010. Written Answers

[Deputy Dermot Ahern.] any future danger to the public. It emerged that the passenger, who has resided in Ireland for a number of years, was completely unaware when he was travelling to Dublin that the sample had been placed in his luggage. I spoke directly with the Slovak Interior Minister about this matter and he apologised for the incident. I conveyed to him in no uncertain terms my clear concern about the situation which had arisen. It is utterly unacceptable that explosive material should have been placed on an unsuspecting passenger in this way. The Garda Commissioner has appointed a Detective Chief Superintendent to inquire into all the circumstances surrounding the incident. That inquiry is ongoing and a report is awaited. Until that report is available, it is not possible to say for definite how the error occurred in Slovakia and what actions were taken by the authorities there when the error was discovered. When the report is completed I will consider what further action, if any, is required on my part.

Garda Deployment. 224. Deputy Ulick Burke asked the Minister for Justice, Equality and Law Reform the number of gardaí of each rank located at each station in both Galway city and county for each of the years 2006, 2007, 2008 and 2009; the number of new recruits and transfers to and from Galway city and county for each of these years; the number of recruitments, retirements or resignations of personnel from stations in both Galway city and county; the number of gardaí employed or stationed in both Galway city and county; and if he will make a statement on the matter. [2404/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities, that the personnel strength of each Garda station in Galway, as at 31 December 2006-2009 and the retirement figures for that period, by rank, are as set out in the tables. The personnel strength by rank of each station in Galway for the period 2006-2008 and the number of new recruits, transfers or resignations in those years are not readily available and obtaining them would represent a disproportionate expenditure of resources relative to the information requested. I have however, provided the station strength, by rank, for the 31 December 2009.

Year Station AC CS SU IN SG GD Total

2009 Ahascragh 11 Ballinasloe 1 1 6 38 46 Ballygar 1 3 4 Kilconnell 11 Menlough 11 Mount Bellew 3 7 10 Moylough 11 Carna 1 1 2 Clifden 1 3 23 27 Lennaun 11 Letterfrack 11 Maam 22 Recess 11 Roundstone 11 Athenry 1 4 5 Carn Dolla 11 Galway 1 1 2 7 26 197 234

776 Questions— 20 January 2010. Written Answers

Year Station AC CS SU IN SG GD Total

Kiltullagh Lough George 2 2 Monivea 11 Oranmore 3 26 29 Ardrahan 11 Craughwell 22 Gort 1 4 25 30 Kilchreest 11 Kinvara 1 1 2 Shanaglish 11 Eyrecourt 11 Killimor 11 Loughrea 1 1 6 33 41 New Inn 11 Portumna 2 7 9 Tynagh 11 Woodford 11 Carraroe 1 3 4 Cill Ronain 1 2 3 Inverin 11 Leitir Mor 11 Moycullen 33 Ros Muc 11 Salthill 1 1 6 36 44 Spiddle 22 Uachtarard 1 5 6 Ballymoe 11 Barnaderg 11 Corofin 1 1 Dunmore 1 3 4 Glenmady 11 Headford 1 4 5 Kilconly 11 Milltown 11 Tuam 1 1 8 46 56 Williamstown 11

Total 600

Station 31/12/06 31/12/07 31/12/08

Ahascragh 1 1 1 Ballinasloe 39 39 44 Ballygar 3 4 4 Kilconnell 1 1 1 Menlough 1 1 1 Mount Bellew 10 10 9 Moylough 1 1 1

777 Questions— 20 January 2010. Written Answers

[Deputy Dermot Ahern.] Station 31/12/06 31/12/07 31/12/08

Carna 2 2 2 Clifden 25 24 26 Lennaun 1 1 0 Letterfrack 0 0 1 Maam 1 1 1 Recess 1 1 1 Roundstone 1 1 1 Athenry 5 5 4 Carn Dolla 1 1 1 Galway 199 210 224 Kiltullagh 1 1 1 Lough George 3 3 3 Monivea 2 2 2 Oranmore 6 16 24 Ardrahan 1 1 1 Craughwell 2 2 2 Gort 25 28 27 Kilchreest 1 1 1 Kinvara 2 2 2 Shanaglish 1 1 1 Eyecourt 1 1 1 Killimor 1 1 1 Loughrea 33 36 38 New Inn 1 1 1 Portumna 9 8 8 Tynagh 1 1 1 Woodford 1 1 1 Carraroe 6 6 6 Cill Ronain 3 3 3 Inverin 1 1 1 Leitir Mor 1 1 1 Moycullen 2 2 2 RosMuc111 Salthill 44 43 48 Spiddle 3 3 2 Uachtarard 6 6 6 Ballymoe 1 1 1 Barnaderg 1 1 1 Corofin 2 2 1 Dunmore 3 4 3 Glenmady 2 2 2 Headford 5 5 5 Kilconly 1 1 1 Milltown 1 1 1 Tuam 47 51 54 Williamstown 1 1 1

Total 514 544 577

778 Questions— 20 January 2010. Written Answers

Retirements 2006-2009

Year A/Comm C/Supt Supt Insp Sergt Garda Total

2006 002031722 2007 10101 811 2008 001031317 2009 002082838

Road Safety. 225. Deputy Michael McGrath asked the Minister for Justice, Equality and Law Reform the number of road traffic accidents recorded by the Garda Síochána, including the number of persons injured and killed, on a road (details supplied) in County Cork for each of the years 2006, 2007, 2008 and 2009. [2435/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In accordance with the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006, the Road Safety Authority, which is under the aegis of the Department of Transport, has responsibility for carrying out research into road collisions. As part of this work, it publishes an annual report, Road Collision Facts, which contains information on fatal collisions.

Asylum Support Services. 226. Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform if his Department has acquired or is in the process of acquiring a property (details supplied) in County Limerick for use as a residence for asylum seekers; if his attention has been drawn to the fact that such use will be in breach of conditions of the planning approval from An Bord Pleanála; and if he will make a statement on the matter. [2583/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers. At the end of 2009, a total of 54 centres throughout the country accommodating 6,494 persons seeking international protection were under contract to the RIA. As part of the management of this process, the RIA advertises annually in the national press for expressions of interest from persons interested in providing accommodation and ancillary services for asy- lum seekers. In fulfilling its responsibilities in respect of the accommodation of asylum seekers, the RIA does not acquire or ‘lease’ premises. Rather it engages contractors to provide a comprehensive range of services, which include accommodation, catering, housekeeping, etc., for a fixed period of time. When engaging in the contracting process the RIA is primarily concerned with achiev- ing best value for taxpayers’ money and also with achieving as wide a spread as is possible of asylum seekers evenly throughout the State. For these and for other, commercial, reasons, it has not been the practice up to now to divulge whether a particular location is the subject of contractual negotiations, and it is not proposed to depart from this long standing practice on this occasion.

Residency Permits. 227. Deputy Michael Noonan asked the Minister for Justice, Equality and Law Reform if he will provide a copy of correspondence to a person (details supplied) in County Limerick con- 779 Questions— 20 January 2010. Written Answers

[Deputy Michael Noonan.] firming their permission to remain here; and if he will make a statement on the matter. [2585/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person in question was granted residency in the State by the Garda National Immigration Bureau on the basis of her marriage to an Irish national. She should send a request in writing to the Spouse of Irish National Unit of the Irish Naturalisation & Immigration Services located at 13-14 Burgh Quay, Dublin 2 for a current status letter which will confirm her permission to remain in the State.

Garda Strength. 228. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the number of gardaí in each Garda division on 31 December 2009; the population covered by each Garda division per census 2006. [2587/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda Commissioner that, as of 31 December 2009, the personnel strength of each Garda Division was as listed in the table. The population of each County as per the 2006 Census drawn from the website of the Central Statistics Office (www.cso.ie) is also shown in a separate table. The Commissioner is in the process of re-aligning Garda Divisional boundaries to make them coterminous with local authority boundaries. As a consequence of this work, the geo- graphical areas of Garda Divisions, districts and sub-district stations were also realigned while at the same time ensuring that service delivery to the community was maintained to the highest possible standard. Any comparison between the 2006 Census population figures and the 2009 figures for the personnel strength of Garda Divisions would not be an accurate reflection of the current situation.

Division Strength Division Strength Division Strength

DMR South Central 776 Tipperary 395 Sligo / Leitrim 313 DMR North Central 719 Cork City 700 Clare 336 DMR North 832 Cork North 303 Mayo 309 DMR East 483 Cork West 305 Galway 600 DMR South 642 Kerry 339 Roscommon /Longford 292 DMR West 789 Limerick 635 Westmeath 258 Kilkenny/Carlow 314 Donegal 468 Meath 315 Wicklow 360 Cavan/Monaghan 406 Kildare 321 Laois/Offaly 327 Louth 306 Waterford 309 Wexford 286

County Population as County Population as County Population as per 2006 Census per 2006 Census per 2006 Census

Dublin 1,187,176 Carlow 50,349 Galway 231,670 Kildare 186,335 Wexford 131,749 Leitrim 28,950 Kilkenny 87,558 Wicklow 126,194 Mayo 123,839 Laois 67,059 Clare 110,950 Roscommon 58,768 Longford 34,391 Cork 481,295 Sligo 60,894

780 Questions— 20 January 2010. Written Answers

County Population as County Population as County Population as per 2006 Census per 2006 Census per 2006 Census

Louth 111,267 Kerry 139,835 Cavan 64,003 Meath 162,831 Limerick 184,055 Donegal 147,264 Offaly 70,868 Tipperary 149,244 Monaghan 55,997 Westmeath 79,346 Waterford 107,961

Legislative Programme. 229. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform when the Committee Stage amendments to the Multi-Unit Developments Bill 2009 and the Property Services (Regulation Bill) 2009 will be introduced in the Seanad. [2592/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The position is that amendments to the Multi-Unit Developments Bill 2009 and the Property Services (Regulation) Bill 2009 are currently being drafted to respond to issues raised during Second Stage discussions and in submissions subsequently received by my Department from relevant stakeholders.

Departmental Websites. 230. Deputy Brian Hayes asked the Minister for Foreign Affairs the number of websites his Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2241/10]

Minister for Foreign Affairs (Deputy Micheál Martin): My Department currently provides six websites, including a number of sites newly established in 2009 for which the total set up costs have been included.

Website Annual Cost of No. of Unique Visits Maintaining Site for 2009

Department of Foreign Affairs family of website including 68 72,120 2,114,675 Embassy websites and the passport application tracking site Irish Aid family of websites 32,435 113,004 Dublin Cluster Munitions Conference website 900 2,563 Africa Day 2009 website (launched May 2009 — includes total set 9,072 12,564 up costs incurred in 2009) Communicating Europe Initiative website (launched 30 June 2009 46,937 31,577 — includes total set up costs incurred in 2009) Global Irish Economic Forum website (launched 1 September 15,992 7,665 2009 — includes total set up costs incurred in 2009)

Passport Applications. 231. Deputy Billy Timmins asked the Minister for Foreign Affairs the position regarding a passport application in respect of a person (details supplied); and if he will make a statement on the matter. [2281/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The Passport Office informs me that to date no application has been received in respect of the passport holder, whose current 781 Questions— 20 January 2010. Written Answers

[Deputy Micheál Martin.] passport has expired. The applicant should make immediate contact with the Consulate General of Ireland, New York at + 1 212 319 2555 who have been made aware of the matter.

Overseas Development Aid. 232. Deputy Paul Kehoe asked the Minister for Foreign Affairs the reason he has not sought the deployment of 130 personnel from the rapid response team to provide assistance in Haiti as opposed to waiting to be asked to provide assistance; and if he will make a statement on the matter. [2283/10]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): The Govern- ment’s Rapid Response Corps is a roster of skilled and experienced volunteers who make themselves available to deploy at short notice to work in humanitarian emergency situations. The Corps comprises 130 individuals with specialised skills in logistics, engineering, public health, humanitarian coordination and protection. Most will have worked extensively overseas in humanitarian and/or development settings. Individual members of the Corps are deployed at the request of the UN and other humani- tarian organisations in need of their specific skills. Those agencies and organisations have the requisite knowledge and experience to determine where gaps exist and how to use Irish person- nel optimally. Immediately following the Haiti earthquake Rapid Response Corps members were requested by my Department to indicate their availability to deploy to the earthquake zone. We have quickly deployed an electrical engineer and an IT expert to the World Food Programme. We expect that further deployments of the Corps will take place over the coming days and weeks. One of the lessons of the international community’s response to the 2004 Tsunami was that the mass deployment of volunteers, while well-intentioned, can often hamper relief efforts. Consequently our Rapid Response Corps has been designed to quickly provide highly-specialised skills as and when requested by those leading the relief effort. This model is regarded as best practice in the humanitarian community. Since 2007, there have been 65 deployments of the Corps to more than 20 countries. Members of the Corps are working in Afghanistan, Colombia, Democratic Republic of Congo, Haiti, Sierra Leone, Sri Lanka and Sudan.

Lost Property. 233. Deputy Billy Timmins asked the Minister for Foreign Affairs the position regarding a person (details supplied) in County Limerick; if he will follow up on this matter; and if he will make a statement on the matter. [2306/10]

Minister for Foreign Affairs (Deputy Micheál Martin): I am informed that the wallet of the person mentioned was lost in France June in 2009. The wallet was subsequently handed in to the French police and forwarded to the Embassy in Paris so that it could be returned to the owner. The Embassy forwarded the wallet to the Department of Foreign Affairs HQ in Dublin but, most regrettably, it would appear that it was mislaid sometime after receipt in Dublin. The owner of the wallet was informed and has been offered the apologies of my Department. I would invite the person in question to contact my Department with a view to following up on this matter.

Diplomatic Representation. 234. Deputy Joe Costello asked the Minister for Foreign Affairs the circumstances surround- ing the importation of explosives here by a Slovak national; the action he has taken to have

782 Questions— 20 January 2010. Written Answers this matter investigated here and in Slovakia; the reason he did not summon the Slovakian Ambassador and make a formal protest in view of the cross-border nature of the incident; and if he will make a statement on the matter. [2358/10]

Minister for Foreign Affairs (Deputy Micheál Martin): I share the Deputy’s concern at the sequence of events which led to members of the Garda Síochána recovering a quantity of explosive material which had inadvertently been brought into Ireland in the luggage of a pass- enger who had flown into Dublin from the Slovak Republic on 2 January. My colleague, the Minister for Justice, Equality and Law Reform, has asked the Garda Commissioner for a full report on the matter. I understand that the Commissioner has appointed a Chief Superin- tendent to investigate fully the circumstances surrounding the incident. As the investigation remains ongoing, it would be inappropriate for me to comment further on the particulars of the incident and the investigation itself at this stage. Following the incident, I spoke by phone to my Slovak counterpart. I stressed the seriousness with which the Government viewed the incident and my colleague offered his apologies for what had happened. Earlier, the Slovak Minister for the Interior had spoken to the Minister for Department of Justice, Equality and Law Reform to convey his Government’s profound regret for this incident. The Ambassador of the Slovak Republic to Ireland had contacted officials from my Department and the Department of Justice, Equality and Law Reform further expressing regret in relation to this matter. There can be no doubt that the Slovak authorities are fully aware of the seriousness with which we in Ireland view this incident. Notwithstanding this, Ireland retains, and wishes to continue to retain, a positive, friendly and fruitful relationship with the Slovak Republic, which is a fellow member of the European Union.

Departmental Websites. 235. Deputy Brian Hayes asked the Minister for Arts, Sport and Tourism the number of websites his Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2233/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The Department of Arts, Sport and Tourism provides four websites and the following are the details for each:

1. Department of Arts, Sport and Tourism website Website address: www.arts-sport-tourism.gov.ie Annual maintenance cost in 2009 €4,839.25 No. of unique visits in 2009 131,271 unique visitors and 3,947,058 hits

2. National Archives of Ireland website and 1911 Census Search facility Website address: www.nationalarchives.ie Annual maintenance cost in 2009 €49,175 No. of unique visits in 2009 3,966,337 unique visitors and 187,423,403 hits

783 Questions— 20 January 2010. Written Answers

[Deputy Martin Cullen.]

3. Irish Genealogy website and the Church Records Search facility Website address:www.irishgenealogy.ie Annual maintenance cost in 2009 €3,831.50 No. of unique visits in 2009 100,957 unique visitors and 4,667,216 hits

4. Culture Ireland website Website address:www.cultureireland.gov.ie Annual maintenance cost in 2009 €9,483.50 The number of unique visits in 2009 to the Culture Ireland website is not currently available but will be forwarded to the Deputy in due course.

Local Development Programme. 236. Deputy Olwyn Enright asked the Minister for Arts, Sport and Tourism the funding provided to a programme (details supplied) in County Laois in 2010, for the ongoing implemen- tation of the sports inclusion network of local sports partnerships, in view of the impact on the health and wellbeing of a number of persons with a disability; and if he will make a statement on the matter. [2337/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): As I have previously informed the House, special funding of €2.5 million was allocated from the dormant accounts fund for the appointment of 20 Sports Inclusion Development Officers (SIDOs) in Local Sports Partner- ships (LSPs) in 2008. The SIDOs were appointed on two-year contracts to provide oppor- tunities for persons with a disability to participate in sport and physical activity. A network of 33 LSPs have been set up throughout the country by the Irish Sports Council (ISC) to coordinate and promote sport at local level especially amongst specific target groups such as older people, girls and women, people with disabilities, unemployed people, and those who live in identified disadvantaged communities. The special dormant accounts funding was in addition to the annual funding provided to the LSPs by the ISC for programmes and initiat- ives aimed at increasing participation in recreational sport. Of the €2.5 million allocated from the dormant accounts fund for the SIDO scheme, €800,000 was provided through my Department’s Vote in 2008 and over €1.3 million in 2009. The final provision of €395,000 from the dormant accounts allocation is included in the 2010 Vote of my Department. The continued funding of the SIDO scheme is being considered by the ISC in the context of the distribution of its budget for 2010.

Abbey Theatre Players. 237. Deputy Noel Ahern asked the Minister for Arts, Sport and Tourism the annual grant awarded by him or with expenditure from his Department to the Abbey Theatre, Dublin; the reason, in this time of high unemployment, the Abbey is letting staff go and outsourcing work to the UK; if he will prevent same; if these positions have involved constructing sets previously carried out internally in their workshops will be retained; if he will introduce some joined up thinking for the national theatre in order that its attention is drawn to other Departments involved in employment creation and retention; and if he will make a statement on the matter. [2345/10]

784 Questions— 20 January 2010. Written Answers

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Funding for current expendi- ture by the Abbey Theatre is provided by the Arts Council. The amount of this funding is a matter for the Arts Council which is statutorily independent and I have no direct day to day role in its funding decisions. Similarly, the day to day operations of the Abbey Theatre, and any decisions made in that regard, are a matter for the Board and management of the Abbey which operate independently of my Department.

Swimming Pool Projects. 238. Deputy Ulick Burke asked the Minister for Arts, Sport and Tourism the progress that has been made in the provision of the new swimming pool in Loughrea, County Galway; the cost of this project; the proposed grant being provided by his Department; and if he will make a statement on the matter. [2396/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): On 25 May 2009 my Depart- ment informed Galway County Council that a grant capped at €1.7m had been allocated under the Department’s Local Authority Swimming Pool Programme towards the construction of a pool at Loughrea. At this stage it is for Galway County Council in consultation with the devel- oper to make progress in moving the project on. In that context I understand that Galway County Council has had further discussions with the Developer in preparation for the com- mencement of the project. I also understand that the Developer has retained assistance for the completion of the tendering process and has undertaken preliminary work in this regard.

Departmental Websites. 239. Deputy Brian Hayes asked the Minister for Community, Rural and Gaeltacht Affairs the number of websites his Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2235/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): My Depart- ment provides two websites directly — one for the Department itself (www.pobail.ie) and one for Dormant Accounts (www.dormantaccounts.ie). The annual cost of maintaining each web- site is as follows:

• Department €9,085;

• Dormant Accounts €3,887.

There is also a combined hosting cost of €21,141 per annum for the two websites. The number of unique visits on the www.pobail.ie website for 2009 was 30,201. Data on the number of unique visits on the www.dormantaccounts.ie website for 2009 is not available, but visitor track- ing has now been initiated and the relevant information will be available from January 2010 onwards. Finally, I wish to advise the Deputy that a database of Ireland’s placenames, Logain- m.ie, which was developed by Fiontar (DCU) and the Placenames Branch of my Department, was launched in October 2008. The site is maintained by Fiontar DCU on behalf of the Depart- ment. This is a public resource for Irish people at home and abroad, and for all those who appreciate the rich heritage of Irish placenames. The site received some 1,309,485 hits (or 91,770 unique visitors) throughout 2009. The total cost of work on the site in 2009 was €257,334. It is not at this stage possible to distinguish between routine maintenance costs and further site development costs. While officially launched in 2008, the site continues to be developed with the addition of new features, including

785 Questions— 20 January 2010. Written Answers

[Deputy Éamon Ó Cuív.] historical and research notes and sound files for individual placenames, and new placenames continue to be uploaded.

Community Development. 240. Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding the decision to discontinue the greater Blanchardstown develop- ment project; if her attention has been drawn to the services provided by this community development project and the effect of its discontinuation on the local community and the persons who availed of or depended on the CDP. [2276/10]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): As I outlined previously to the House, my Department has seen the need to redesign its community development/social inclusion programmes, particularly the Local Development Social Inclusion (LDSIP) and Community Development Programmes (CDP), drawing on good international practice and to support the ongoing evaluation of the prog- rammes. Both programmes have a community development element and were delivered through separate local delivery structures. These programmes came to an end on 31 December 2009 and have been superseded by a new programme, the Local and Community Development Programme (LCDP). The aim of the new programme is to tackle poverty and social exclusion through partnership and constructive engagement between Government and its agencies and people in disadvan- taged communities. This will be underpinned by four high level goals:

• To promote awareness, knowledge and uptake of a wide range of statutory, voluntary and community services

• To increase access to formal and informal educational, recreational and cultural develop- ment activities and resources

• To increase peoples’ work readiness and employment prospects

To promote engagement with policy, practice and decision-making processes on matters affect- ing local communities. The new programme will preserve elements of good practice from the CDP/LDSIP Programmes and will enable groups to objectively demonstrate the positive impacts they are securing for local communities. An implementation strategy, involving the stakeholders, is underway in preparation for LCDP roll-out over the course of 2010. In advance of proceeding to establish a single programme across CDPs and Partnerships, my Department undertook an evaluation of individual community development projects. Many of these projects span across two decades, with quite diverse activities. The objective of the review was to identify those projects that produce tangible, appropriate benefits for the communities they serve. The vast majority of projects fall into this category and have been offered funding under the new programme in 2010. Where projects were not recommended for continued fund- ing, an appropriate appeals mechanism has been provided. I understand the project referred to by the Deputy has submitted an appeal and that officials from my Department have been in touch with them in this regard. It is intended that the appeals process would be completed before end-January 2010 and during that period temporary funding has been provided in respect of the basic running costs of projects under appeal, i.e., grant towards salaries and appropriate overheads.

241. Deputy Tom Hayes asked the Minister for Community, Rural and Gaeltacht Affairs the amount that has been allocated to RAPID funding in south Tipperary every year since 2004

786 Questions— 20 January 2010. Written Answers to date in 2010; the projects that have received funding; the projects that will receive funding for 2010; the number of full-time staff employed by RAPID in south Tipperary; and if he will make a statement regarding the impact of RAPID funding on south Tipperary as assessed by his Department. [2442/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): The RAPID Programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion within the designated RAPID areas nationally. As I have indi- cated to the House on a number of occasions, it is a matter for individual Departments to report on the provision of funding and progress on delivery with respect to projects under their responsibility in the RAPID areas. In support, Pobal collects data from each RAPID area in respect of funding allocations received by projects from Government Departments and local state agencies. The latest data in respect of the Programme is available on Pobal’s website under the RAPID section — http://www.pobal.ie/Funding%20Programmes/Rapid/ Pages/Funding.aspx — and the Deputy may find it useful to access this information. I initiated the RAPID leverage schemes in 2004 in order to support small-scale projects identified locally by the Area Implementation Teams in each of the RAPID areas. These schemes are co-funded by the relevant agencies and support projects that focus on estate management, graffiti removal, traffic calming, community closed-circuit television, health and sports facilities, and the pro- vision of playgrounds. The table sets out details of RAPID leverage funding by my Department in south Tipperary from 2004 to date. Ongoing co-funding of projects approved under the schemes will continue in 2010, subject to resources. I am satisfied that the impact of the programme has facilitated RAPID communities in south Tipperary in taking greater ownership of local development, and has also enabled state organisations to work together to improve the quality of life for local people.

RAPID leverage funding by the Department of Community, Rural and Gaeltacht Affairs in south Tipperary from 2004 to date

Area Project Totals 2004- 2010 (to date)

Sports Capital Carrick on Suir St Mollerans 36,885.00 Carrick UDT AFC 27,000.00 Carrick Swans H&C 10,500.00 Carrick-on-Suir Boxing 900.00 Carrick-on-Suir Rugby 27,000.00 Sean Kelly Sports 4,500.00 St Nicholas Boxing Club 450.00 Clonmel Clonmel Boxing Club 3,700.00 Clonmel Celtic FC 90,000.00 Clonmel Town FC 30,000.00 Clonmel Rowing 4,500.00 Clonmel Swimming 1,200.00 Tipperary Town St Michaels AFC 59,400.00 Arravale Rovers GAA Club 36,000.00 Clanwilliam FC 30,000.00 Canon Hayes Recreation Centre 12,000.00 Co Tipperary Lawn Tennis 18,000.00

787 Questions— 20 January 2010. Written Answers

[Deputy Éamon Ó Cuív.] Area Project Totals 2004- 2010 (to date) € Traffic Carrick on Suir ST CKSR 039 Clonmel Road 22,500.00 ST CKSR 606 Kickham Street 50,000.00 Clonmel ST CLON 132 Heywood Road, Elm Park, Bianconi Drive 22,500.00 ST CLON 609 Elm Park 25,728.04 ST CLON 610/612 Heywood Road, Elm Park, Bianconi Drive, 23,464.43 Carrigeen / Wilderness Tipperary Town ST TIPP 052/053/054 Knockanrawley,Pearse Pk, 3 DrivesSt 22,316.25 Michaels Ave. / Marian Tce ST TIPP 609-616 Dundrum Rd Knockanrawley,Mound Area, 37,946.66 Canom Hayes Pk, Connolly Park,St Michael’s Ave,Marian Tce. Pearse Park,West End

Playgrounds Carrick-on-Suir Seskin Court, Ballylynch, Fairgreen 66,000.00 Ballylynch 40,000.00 Balllylynch Green 66,000.00 Ballylynch, St Johns 60,000.00 Clonmel Elm Park 2,005.00 Elm Park 132,000.00 Elm Park 65,067.00 Heywood & Cooleens 60,000.00 South Tipperary Tipperary Town, 3 Driver Estate 60,386.46 Dundrum Drive 66,000.00 3 Driver Estate, Mound Area, The Plots, Pearse Park 60,000.00 Cannon Hayes Sports & Recreation Comples 66,000.00

LA Housing Enhancement Carrick-on-Suir St Nicholas Park, Collins Park, Marian Avenue, Connolly 24,930.00 Park, Mass Road, Treacy Park St Nicholas Park, Marian Avenue, Mass Road, Treacy Park 17,573.32 Ballylynch, St Johns Tce, Marian Ave, Kennedy Tce, Treacy 43,862.25 Park, Collins Park Collins Park. Kennedy Tce, St Johns, Ballylynch, Sean Healy 20,000.00 Park Clonmel Blancant Drive, Heywood Close, Elm Park, Carrigeon 20,000.00 Wilderness, Elm Park 22,081.64 Heywood Close, Cooleens Close 22,845.63 Elm Park, Bianconi Drive, 23,239.06 Elm Park, Bianconi Drive, 15,750.00 Tipperary Town Pearse Road, The Band Stand, Dundrum Drive Walls, 41,544.01 Community Notice Boards, Name Plaques/Signage, The Mound Area, Waste Ground Allotments Project, Community Boundary Fence, Small Capital Works Connolly Park, Three Drives, Dundrum Drive, Pearse Park, 24,013.54 Glenview Square, LA Estates Three Drives Housing Estate 20,000.00

Total 1,635,788.29

788 Questions— 20 January 2010. Written Answers

Question No. 242 withdrawn.

Departmental Websites. 243. Deputy Brian Hayes asked the Minister for Social and Family Affairs the number of websites her Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if she will make a statement on the matter. [2244/10]

Minister for Social and Family Affairs (Deputy ): The Department currently maintains four websites. The Department’s main website, www.welfare.ie, contains information on the range of schemes and services provided by the Department, as well as policy publications and online services. Support and maintenance costs for the website and associated content management system in 2009 were €47,248. In 2009 there were over 2.75m unique visits to www.welfare.ie. Responsibility for the General Register Office, and the www.groireland.ie web- site, was transferred from the Department of Health and Children to the Department from January 1st, 2008. The maintenance cost for 2009 was €987.52. Statistics for number of unique visits in 2009 is currently being compiled and will be forwarded to the Deputy when available. Following the integration of the Combat Poverty Agency and the Office for Social Inclusion in a new Social Inclusion Division within the Department in July 2009, the Department also maintains and updates content on www.socialinclusion.ie and www.combatpoverty.ie. A project has commenced on the custodian and archiving responsibilities arising from the closing down of www.socialinclusion.ie and www.combatpoverty.ie. This will involve the transfer of relevant information to a new area on www.welfare.ie. It is necessary to retain these two sites until this work is complete and it is expected that they will be shut down before the second quarter of 2010. The costs for 2009 for www.socialinclusion.ie was €232.07. In 2009 the site had 57,309 unique visits. The costs for 2009 for www.combatpoverty.ie was €423.75. In 2009 the site had 93,307 unique visits. I am satisfied that the integration of the Combat Poverty and Social Inclusion websites with the Department’s main website will provide customers with a single, highly accessible repository for information on both the Department’s range of services and on the social policy research and reports that inform the development of social welfare policy.

Social Welfare Benefits. 244. Deputy Tom Hayes asked the Minister for Social and Family Affairs if she has assessed the impact of cutting off children’s allowance at 18 years of age; the impact this has had on child poverty; if there is a corresponding increase in applications for supplementary welfare allowance; and if she will make a statement on the matter. [2270/10]

248. Deputy Niall Collins asked the Minister for Social and Family Affairs the assistance available to the parents of an 18 year old still at school, in lieu of the children’s allowance that ceased upon reaching the age of 18. [2302/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 244 and 248 together. Child benefit (CB) is a tax free non means tested benefit paid monthly in respect of all children up to the age 16 years and in respect of children over 16 years of age up to their 18th

789 Questions— 20 January 2010. Written Answers

[Deputy Mary Hanafin.] birthday who are in full time education or have a disability. Child Benefit assists parents in the cost associated with raising children and it contributes towards alleviating child poverty. It was decided in Budget 2009 to limit spending on Child Benefit by lowering the upper age limit that currently applies from 19 years to 18 years. The impact of this measure was phased in, with payment for existing and future qualifying children being halved from January 2009 and payment stopping from the 18th birthday from January 2010. A compensatory payment of €15 was provided during 2009 and will continue in 2010 for any week during which those affected by this measure are receiving a social welfare payment which includes an increase in respect of the 18 year old child or a family income supplement payment which includes payment in respect of that child. Calculation of child poverty for SILC is measured as the proportion of all children aged 17 years or younger who live in households that have an income below the 60 per cent of median income poverty line and it is not expected that a measure directed at those over 18 years will have an impact on this measure. Results from the most recent survey of Income and Living Conditions in Ireland (IRL-SILC) 2008 survey published in Nov 2009 showed the consistent poverty rate for children, aged 0-17, decreased from 7.4% in 2007 to 6.3% in 2008. The percent- age of children ‘at risk of poverty’ fell by almost two per cent, from 19.9% in 2007 to 18% in 2008. These are the most recent figures SILC figures available. The supplementary welfare allowance scheme (SWA) is administered on my behalf by the community welfare division of the Health Service Executive (HSE). SWA provides a safety net against poverty in that it gives a statutory entitlement to a minimum weekly income, based on criteria set out in legislation. Statistics in relation to the number of extra claims — if any — arising from the impact of the changes in child benefit scheme are not maintained by the community welfare division of the HSE and accordingly it is not possible to supply statistics in this regard. In recognition of the need to target limited available resources at persons on low incomes with children in full-time education, a number of provisions have been introduced including:

• The extension of entitlement to Increase for Qualified Child, payable to social welfare recipients in respect of qualifying child dependants, to age 22 where the parent of a full- time student (including third level) is in receipt of either:

• A long-term social welfare payment, or

• A short-term social welfare payment for six months or more (short-term schemes include such payments as Jobseeker’s Benefit and Assistance, Illness Benefit and Supplementary Welfare Allowance), and

• The provision of a weekly payment to low paid employees with families, through the Family Income Supplement (FIS) scheme. Under this scheme, a qualified child is any child under the age of 18 or aged 18 to 22 in full-time education. This supplement is paid where a family’s weekly income is below a specified amount for the family size, and is calculated at 60% of the difference between the net family income (i.e. gross pay less tax, PRSI, health contribution, superannuation) and the relevant income limit.

• Low income families may also be entitled to a Back to School Clothing and Footwear Allowance, which is administered by the Health Service Executive and operates from the beginning of June to the end of September each year.

790 Questions— 20 January 2010. Written Answers

245. Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the reason for the delay in processing the application for unemployment benefit in respect of a person (details supplied) in Dublin 24; and if this will be processed without any further delay. [2278/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The claim for Jobseeker’s Benefit, by the person concerned, was disallowed by a deciding officer of the Department on the ground that he did not sustain a substantial loss of employment from 21 April 2009 and he appealed against the decision on 4 June 2009. The Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the relevant Departmental papers and comments on the grounds of appeal in the case were sought. These have now been received and have been referred to an Appeals Officer for consideration. There has been a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Appeals. 246. Deputy Jack Wall asked the Minister for Social and Family Affairs the position regard- ing an appeal against the decision to refuse an application for mortgage relief in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [2285/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme provides for a weekly or monthly supplement to be paid in respect of mort- gage interest to any person in the State whose means are insufficient to meet their needs. The supplementary welfare allowance scheme is administered by the community welfare service of the Health Service Executive on behalf of the Department. Mortgage interest supplement provides short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. Mortgage interest supplement is not payable where a person or his/her spouse or partner is in full-time employment i.e. works more than 30 hours a week. The Executive has advised that the person concerned was refused mortgage interest supplement as his partner is in full time employment. The HSE Appeals Office has advised that the person concerned appealed the decision to refuse mortgage interest supplement on 15 December 2009 but that no decision has been made on his appeal to date. The HSE Appeals Office will contact the person con- cerned directly when a decision has been made on his appeal.

Social Insurance. 247. Deputy Niall Collins asked the Minister for Social and Family Affairs the position regarding the employer job PRSI incentive scheme; the location where and the way to apply; when it will be available; and if she will make a statement on the matter. [2289/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Full details of the Employer Job (PRSI) Incentive Scheme, including the application procedure, will be announced following the promulgation of the Social Welfare Act 2010. It will be administered by the Department of Social and Family Affairs. The scheme will run for the calendar year 2010 only. However,

791 Questions— 20 January 2010. Written Answers

[Deputy Mary Hanafin.] any qualifying employment created in 2010 will be eligible for the scheme, which will be struc- tured so that employments created prior to the launch can participate for 12 months forward from the time of launch and employments created later in the year will participate for 12 months to the corresponding date in 2011.

Question No. 248 answered with Question No. 244.

Tax Code. 249. Deputy Noel Ahern asked the Minister for Social and Family Affairs if he will clarify the issue of the tax treatment of couples on old age pensions in a manner that could be regarded as discriminatory and outline the way in which their PAYE tax credit is implemented when the couple are on separate social welfare pensions; when the couple has one person on social welfare and one on qualified adult allowance, when the couple divide their entitlements with each getting their own payment and the way in which social welfare take this into account when they included pensions as qualified adult allowance when their own entitlement on their own record may be slightly less. [2367/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The tax treatment of social welfare pensions is a matter for my colleague, the Minister for Finance. However, I can confirm that tax ramifications are not taken into account when calculating the social welfare pension entitlements of a couple.

Flood Relief. 250. Deputy Ulick Burke asked the Minister for Social and Family Affairs the cost to date to her Department for the provision of assistance to flood victims in County Galway; the average financial contribution made to the number of persons who received aid from her Department; and if she will make a statement on the matter. [2374/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In recognition of the devas- tation suffered by people in many areas of the country as a result of the flooding from November 2009 onwards, the Government set up a Humanitarian Assistance Scheme to provide income tested financial support to people who have suffered damages to their homes not covered by insurance. An initial sum of €10 million has been set aside by the Government for this purpose. Community welfare service staff in County Galway have been providing sup- port to families since this flooding occurred. Up to 8 January 2010, they had made over 500 payments to 290 individuals to the value of some €190,000. The average payment per individual in Galway is €655.

Social Welfare Benefits. 251. Deputy Deirdre Clune asked the Minister for Social and Family Affairs if emergency fuel allowance payments will be awarded to fuel allowance recipients in view of the long spell of cold weather; and if she will make a statement on the matter. [2429/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department assists social welfare recipients with heating costs, through their basic payments, the fuel allowance scheme and the household benefits package of electricity and gas allowances. The household benefits package is payable throughout the year to almost 380,000 pensioners, people with disabilities, and carer households to assist them with their heating, light and cooking costs. This scheme cost approximately €200 million in 2009. In addition, the national fuel allowance scheme helps

792 Questions— 20 January 2010. Written Answers householders on long-term social welfare or health service executive payments to meet the additional cost of their heating needs during the winter season. The allowance represents a contribution towards a person’s heating expenses. It is not intended to meet those costs in full and must be seen in the context of the overall level of income available to the family. In budget 2009, the duration of the payment was increased by an extra two weeks to 32 weeks, while the weekly value of the allowance was increased by €2to€20 a week, or €23.90 in designated smokeless areas. This compares with just €14 and €17.90 respectively in 2006. These are in addition to other improvements made in recent years, including a significant increase in the income threshold for the allowance with effect from 2008. A single person aged under 80, with a household income of less than €330.30 a week can now qualify for the fuel allowance. The income limits for couples are €483.80 a week where the qualified adult is aged under 66 and €536.80 a week where both adults are aged over 66. As a result of these improvements, almost 318,000 people benefited from the fuel allowance in 2009 at an estimated cost of €217 million. In addition to the basic welfare payments, household benefits and fuel allowance payments highlighted above, the Department also provides funding to the Community Welfare Service to assist people with special heating needs. Community welfare officers can pay a heating supplement to people in certain circumstances with specific heating needs due to infirmity or a particular medical condition. They can also make exceptional needs payments to people who do not have enough money to meet their heating costs. Since the onset of the adverse weather conditions, community welfare officers have provided assistance to people to purchase additional fuel, heaters and clothing. They have also given funding towards the payment of heating bills and for repairs arising from burst pipes. Over €170,000 has been paid out since 1 January 2010 in respect of such claims. Assistance will continue to be provided towards the payment of heating bills for those in need. Paying a special increase in response to the bad weather would not necessarily represent a good targeting of limited resources. Rather, it is considered desirable to continue to give the CWOs the discretion and the funding to assist people who need extra financial support.

252. Deputy Jack Wall asked the Minister for Social and Family Affairs the position in relation to a domiciliary care grant for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2563/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In order to qualify for Domi- ciliary Care Allowance, a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. An application for Domiciliary Care Allowance was received by the Department on 4 June 2009. This application was referred to one of the Depart- ment’s Medical Assessors who found that the child in question did not meet the medical criteria to be eligible for Domiciliary Care Allowance. A letter issued to the person in question on 21 July 2009 where she was advised of the decision to refuse Domiciliary Care Allowance for not satisfying the medical criteria. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. If a person is not satisfied with the decision of a Deciding Officer, they may appeal the decision to the Social Welfare Appeals Office. There has been no appeal of the decision or request for a review received in the Depart- ment to date.

793 Questions— 20 January 2010. Written Answers

253. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Kerry was refused domiciliary care allowance; and if she will make a statement on the matter. [2581/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In order to qualify for Domi- ciliary Care Allowance, a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. An application for Domiciliary Care Allowance was received by the Department on 23 November 2009. This application was referred to one of the Department’s Medical Assessors who found that the child in question did not meet the medical criteria to be eligible for Domiciliary Care Allowance. A letter issued to the person in question on 13 January 2010 where she was advised of the decision to refuse Domiciliary Care Allowance for not satisfying the medical criteria. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. If a person is not satisfied with the decision of a Deciding Officer they may appeal the decision to the Social Welfare Appeals Office.

Departmental Websites. 254. Deputy Brian Hayes asked the Minister for Defence the number of websites his Depart- ment provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2236/10]

Minister for Defence (Deputy Willie O’Dea): My Department provides five websites. The following table provides the information requested in relation to each of these websites:

Site Name Unique Hits Cost (2009) (2009)

Department of Defence defence.ie Unavailable 27,340 Civil Defence civildefence.ie Unavailable Unavailable Office of Emergency Planning emergencyplanning.ie 55,817 14,220 Permanent Defence Forces military.ie 17,122 36,146 Reserve Defence Forces rdf.ie 17,384 Unavailable

Question No. 255 answered with Question No. 83.

Defence Forces Property. 256. Deputy Jimmy Deenihan asked the Minister for Defence the impact of the abandonment of the plan to decentralise Defence Force Headquarters staff to the Defence Forces Training Centre at the Curragh, County Kildare. [2315/10]

Minister for Defence (Deputy Willie O’Dea): The Deputy will be aware that the Government decision on decentralisation provides for the transfer of my Department’s Dublin-based civil service staff, together with a number of military personnel, to Newbridge, County Kildare, and for the decentralisation of the Defence Forces Headquarters (DFHQ) to the Curragh. The new building at Newbridge is progressing well and is expected to be completed and ready for occu- 794 Questions— 20 January 2010. Written Answers pation in the summer. In light of budgetary constraints at this time, the Government has decided to defer proceeding with the new building for DFHQ at the Curragh. This location, along with a number of other deferred locations, will be considered as part of the overall review of the programme in 2011. The implications of the deferment of the Curragh project are being considered by my Department in conjunction with the Department of Finance and the Office of Public Works.

Defence Forces Staff. 257. Deputy Jimmy Deenihan asked the Minister for Defence the number of military dental hygienists employed in the Defence Forces; his views on whether this number is adequate; if consideration has been given to the employment of civilian hygienists on a temporary basis until the shortfall can be eliminated via the training of more military dental hygienists. [2316/10]

Minister for Defence (Deputy Willie O’Dea): I am advised by the Military Authorities that no dental hygienist is currently employed in the Defence Forces. However, it is intended to appoint a dental hygienist in the coming weeks. The overall structure of the dental service and the requirement for dental hygienists is being considered in the context of the restructuring of the Medical Service.

258. Deputy Jimmy Deenihan asked the Minister for Defence the number of former military medical officers providing medical services up to the end of 2009; the cost of such services; and if he will make a statement on the matter. [2317/10]

Minister for Defence (Deputy Willie O’Dea): The services of civilian medical practitioners, including on occasion retired Defence Force medical officers, are used in the delivery of medi- cal services to the Defence Forces. I am advised by the Military Authorities that 12 former military medical officers — ten doctors and two dentists — provided medical services in 2009 at a cost of €538,532.

Question No. 259 answered with Question No. 90.

National Emergency Plan. 260. Deputy Bernard J. Durkan asked the Minister for Defence the definition of a natural disaster or emergency; and if he will make a statement on the matter. [2602/10]

262. Deputy Bernard J. Durkan asked the Minister for Defence the role he will play and the contribution he intends to make in the context of the operation of the national emergency plan; and if he will make a statement on the matter. [2604/10]

263. Deputy Bernard J. Durkan asked the Minister for Defence the procedure whereby the national emergency plan is activated; from whom the order or request comes and the minimum time from initial request to activation; and if he will make a statement on the matter. [2605/10]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 260, 262 and 263 together. Emergency planning in this country is developed on the “lead Department” principle. This means that each Department is responsible for planning for and responding to those emerg- encies that fall within its area of responsibility. In my capacity of Chairman of the Government Task Force on Emergency Planning, I brought a document, Roles and Responsibilities in Emer- gency Planning, to the Government in December 2008. This document, for the first time, iden-

795 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.] tified the lead Department and the supporting Departments and agencies in over 40 emergency scenarios. It was prepared by the Office of Emergency Planning and was agreed by the Govern- ment Task Force on Emergency Planning. The Framework for Major Emergency Management is the document that sets out a structure enabling the principal response agencies (the Garda Síochána, the Health Service Executive and the Local Authorities) to prepare for, and make a co-ordinated response to, major emergencies resulting from events such as fires, transport acci- dents, hazardous substance incidents and severe weather. The framework states that a major emergency is any event which, with little or no warning, causes or threatens death or injury, serious disruption of essential services or damage to property, the environment or infrastructure beyond the normal capabilities of the principal emergency services in the area in which the event occurs, and requires the activation of specific additional procedures and the mobilisation of additional resources to ensure an effective, coordinated response. The Government Task Force on Emergency Planning supports co-ordination of emergency planning across Depart- ments and key agencies. It provides a forum for sharing information and keeping emergency planning high on the agenda of all Government Departments. As the chairman of the Govern- ment Task Force on Emergency Planning, I receive regular updates from the national steering group on progress made in the implementation of the framework.

Question No. 261 answered with Question No. 74.

Questions Nos. 262 and 263 answered with Question No. 260.

Question No. 264 answered with Question No. 77.

Search and Rescue Service. 265. Deputy Bernard J. Durkan asked the Minister for Defence if the army, navy and air corps have access to adequate rescue personnel, craft and equipment; and if he will make a statement on the matter. [2607/10]

Minister for Defence (Deputy Willie O’Dea): The Irish Coast Guard has overall responsi- bility for the provision of maritime search and rescue services within the Irish Search and Rescue region. In accordance with the roles assigned to them by the Government in the White Paper on Defence, the Defence Forces are committed to providing support to the civil auth- orities including in relation to search and rescue. In this regard, the Naval Service and Air Corps provide support to the Coast Guard as the need arises and within their available capa- bility. As in all cases of services that the Defence Forces can provide in support to the civil authorities, the services are demand-led and provided on an “as available basis”, having regard to current and contingent Defence Forces operational commitments. It should be noted that the Defence Forces had adequate resources to deal with requests for assistance in the rescue of civilian personnel during the recent periods of flooding and severe weather across the coun- try. This included the transportation of civilian personnel from flood-affected areas in Defence Forces vehicles. I am satisfied that the Army, Air Corps and Naval Service are fully equipped to meet the roles assigned to them by Government.

Overseas Assistance. 266. Deputy Bernard J. Durkan asked the Minister for Defence if unilaterally or in conjunc- tion with his EU colleagues, consideration has been given to the setting up of a Europe wide disaster response force capable of dealing with major catastrophes; and if he will make a state- ment on the matter. [2608/10]

796 Questions— 20 January 2010. Written Answers

Minister for Defence (Deputy Willie O’Dea): The Deputy will appreciate that in the context of the current disaster in Haiti there are a number of responses that can be made by Ireland, the EU, and other international organisations. The immediate EU response to the earthquake in Haiti and its terrible consequences was dealt with at an emergency meeting of EU Development Ministers on Monday of this week attended by my colleague the Minister of State for Overseas Development, Peter Power. The EU High Representative for Foreign Affairs and Security Policy, Catherine Ashton has under- taken to co-ordinate the response with the US and UN authorities. The EU has pledged €122 million in immediate humanitarian assistance in response to the Haiti disaster. The EU has a wide range of instruments, both civilian and military, which it can use to come to the aid of people in difficulties. The EU is constantly increasing its various capabilities, including its ability to response quickly to catastrophes. After the meeting in Brussels on Monday Minister of State Power emphasised the importance for the EU as a whole to learn from the experience of the response to this disaster. This will include addressing the rapid response capability of the EU. Minister of State Power is co-ordinating the Irish pledges of assistance to Haiti. Ireland is contributing €20 million to the United Nations Central Emergency Response Fund. Also, Ireland is providing €2 million which is being channelled directly through Irish NGOs and UN humanitarian agencies. Earlier this week, a consignment of over 80 tons of essential humani- tarian supplies was freighted to Haiti, this is one of the largest consignments of humanitarian supplies ever provided directly by Ireland. Ireland is also deploying two highly-skilled members of Ireland’s Rapid Response Corps to assist the World Food Programme, others are on standby and are expected to be called upon over the coming days and weeks. In addition, a three-person Irish Aid technical assessment team, which includes an officer of the Defence Forces and two officials of the Department of Foreign Affairs will conduct a week- long mission in Haiti.

Question No. 267 answered with Question No. 113.

Defence Forces Training. 268. Deputy Bernard J. Durkan asked the Minister for Defence the position regarding the training of apprenticeships for the Defence Forces; the number of such apprentices trained on an annual basis in the past 12 years; and if he will make a statement on the matter. [2610/10]

Minister for Defence (Deputy Willie O’Dea): Following the closure of the Army Apprentice School in 1998, and in order to ensure the availability of the requisite levels of technical skills in the Defence Forces, a Trainee Technician Scheme and an Apprentice Scheme were introduced. Personnel already serving in the Defence Forces enter the Trainee Technician Scheme while civilian personnel who join the Defence Forces to begin their technical training enter the Apprentice Scheme. Training under the Schemes consists of an integrated package of military training and technical training in the appropriate trade, the latter of which is provided in association with FÁS. The duration of both Schemes is four years and, on successful completion, personnel gradu- ate in line with the National Framework of Qualifications. In the time available it has not been possible to collate figures to provide an annual break- down of those trained in the years from 1998. The military authorities advise me, however, that

797 Questions— 20 January 2010. Written Answers

[Deputy Willie O’Dea.] they are currently preparing this information and as soon as it available it will be provided directly to the Deputy.

Defence Forces Equipment. 269. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which vehicles, crafts, technology, equipment and training is updated on an annual basis in respect of the army, navy and air corp; and if he will make a statement on the matter. [2611/10]

Minister for Defence (Deputy Willie O’Dea): The acquisition of new equipment for the Defence Forces continues to be a key focus for me as Minister for Defence. Significant invest- ment has taken place in recent years across all facets and elements of the Defence Forces. This investment has been facilitated by the re-investment both of pay savings arising from the reduction in the strength of the Permanent Defence Force in the context of the White Paper of 2000 and proceeds from the sale of surplus properties. The level of investment has ensured that Defence Forces personnel have the most modern and effective range of equipment to carry our their day-to-day roles at home and overseas. I will ensure that this investment will continue as much as possible, taking the changed economic circumstances into account. On the issue of training, I am very satisfied that military training techniques are up to date in all respects. Defence Forces training plans are structured to provide the capabilities needed to execute the roles assigned to them by Government. The challenges of preparing military units for participation in international peace support operations constitute the major dimension of Defence Forces collective training. The primary focus of this training is the attainment of a capability for military interoperability in order to conduct peace support operations to inter- national standards.

Question No. 270 answered with Question No. 77.

Departmental Websites. 271. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government the number of websites his Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2239/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested is being compiled and will be forwarded to the Deputy as soon as possible.

Rural Environment Protection Scheme. 272. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if a person (details supplied) in County Mayo is entitled to compensation for the designation of their lands as a special area of conservation or a national heritage area in view of the fact that their REP scheme three participation has finished; and if he will make a state- ment on the matter. [2252/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The principal source of funding available to farmers to assist them in meeting the demands of farming within a designated area or commonage is the Rural Development Fund. This fund is administered by my colleague, the Minister of Agriculture, Fisheries and Food. I understand

798 Questions— 20 January 2010. Written Answers that his Department is currently finalising arrangements for a new agri-environmental scheme that will be available to farmers who are nearing completion of their existing REPS plans. Within my own Department, the National Parks and Wildlife Service (NPWS) has more limited funding available to operate a scheme to pay farmers and landowners for losses incurred through restrictions caused by the designation of lands as Special Areas of Conservation (SACs), Special Protection Areas (SPAs), or Natural Heritage Areas (NHAs). This scheme is available as an alternative to participating in REPS or the new agri-environmental scheme.

Housing Aid for the Elderly. 273. Deputy Billy Timmins asked the Minister for the Environment, Heritage and Local Government the position regarding grants for central heating and insulation in view of the fact that a council (details supplied) has no funding for grants where persons can apply for funding; and if he will make a statement on the matter. [2265/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Under the terms of the Housing Aid for Older People scheme, which is administered by the local authorities, grants of up to €10,500 are available to assist older people to have necessary repairs or improvement works carried out, including drylining and the provision of central heating, in order to facilitate the continued independent occupancy of their homes. My Department requested local authorities to submit details of their funding requirements under the suite of Grant Schemes for Older People and People with a Disability for 2010 by 22 January, with a view to determining the allocations for this year as soon as possible after- wards. In order to provide for continuity in the processing applications and the payment of grants under the various measures, local authorities were advised that they could anticipate an allocation for 2010 which would not be substantially below their overall allocation for 2009. It should be noted also that the Home Energy Saving scheme, which is administered by Sustainable Energy Ireland (SEI), provides grants to homeowners for improving the energy efficiency of their homes in order to reduce energy use and costs. The scheme, which falls within the remit of my colleague, the Minister for Communications, Energy and Natural Resources, is open to all owners of existing homes built before 2006 and eligible works include the provision of roof and wall insulation.

Environmental Policy. 274. Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the position regarding turf cutting in bogs located in areas of special area of conservation in counties Roscommon and Leitrim; if, due to the huge demand for fuel during the worst winter for 40 years and high unemployment in rural areas farmers will be allowed to cut turf in SAC areas commencing in February and March 2010. [2338/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The derogation allowing a continuation of turf cutting on 32 Raised Bog SACs that were notified for designation in 1999 has now expired and a further extension is not possible. I am aware of the difficulties that may be faced by individuals in these areas. In the coming weeks, I expect to receive a report from the Working Group on the Cessation of Turf Cutting in Designated Areas. This will include recommendations, which I will consider as quickly as possible, for managing the cessation.

799 Questions— 20 January 2010. Written Answers

Emergency Management Framework. 275. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government his plans to deal with weather conditions similar to those experienced over Christmas 2009 and early new year throughout the country; and if he will make a statement on the matter. [2361/10]

286. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government if he will sign the order allowing for the provision of a facility (details supplied) in Dublin 1 following a positive environmental assessment; and if he will make a statement on the matter. [2436/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 275 and 286 together. As part of an ongoing focus on major emergency preparedness and response, the Govern- ment, in 2006, published a Framework for Major Emergency Management. The purpose of the new Framework is to put in place arrangements that will enable the three principal response agencies, namely, An Garda Síochána, the Health Service Executive and the local authorities to coordinate their efforts in the event of a major emergency. The Government put in place a Major Emergency Development Programme to implement these new arrangements which led to the three principal response agencies adopting new major emergency plans in September, 2008. My Department chairs a National Steering Group to oversee and drive this Programme and to maintain the Framework into the future. I am satisfied that sufficient resources are deployed in the relevant areas in my Department to perform its emergency planning and man- agement role. The level of resources to be deployed locally is a matter for local authorities. In relation to the recent severe weather event, there was no delay in monitoring the event as it developed. Local authorities were engaged in keeping the main national roads open to traffic from the latter part of December. When the position deteriorated after Christmas I arranged for the convening of the National Emergency Co-ordination Committee to provide a forum for the various Departments and agencies to exchange information on dealing with the event, ensure co-operation between the Departments and agencies, the Defence Forces and voluntary bodies and to enable decisions required at national level on various matters to be made where necessary. At all times, the co-ordination and inter- agency arrangements set out in the Framework document were implemented at local level by the principal response agencies working with other statutory and voluntary bodies.

Waste Management. 276. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 280 of 17 December 2009, the reason he did not address the issue raised; and if he will make a statement on the matter. [2362/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The reply to Question No. 280 of 17 December 2009 clearly out- lined both the duty of care on waste holders imposed by the Waste Management Acts 1996- 2008 and the obligations arising from the Residential Tenancies Act 2004, as amended, and the Housing (Standards for Rented Houses) Regulations 2008. Given the comprehensiveness of these provisions, there are no plans for further legislation in this regard.

Private Rented Accommodation. 277. Deputy Ulick Burke asked the Minister for the Environment, Heritage and Local

800 Questions— 20 January 2010. Written Answers

Government the number of house owners registered with Galway County Council and Galway City Council on the private rental register; the number of inspections on such properties in 2008 and 2009 in each local authority; the consequence of these inspections; and if he will make a statement on the matter. [2382/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The Private Residential Tenancies Board (PRTB) was established as an independent statutory body in September 2004 and has as one of its principal functions the registration of private rental tenancies. While I have no function in the operational matters of the PRTB, I understand that at 31 December 2009, the PRTB had 234,582 active tenancies on its register, representing 399,283 tenants and 116,577 landlords. It should be noted, however, that these tenancy data are com- piled on a rolling, aggregate basis, according as valid tenancy registration forms are submitted to the PRTB, and more than one tenancy may be registered in respect of a rented accom- modation unit in any year. Furthermore the Act provides for a four year tenancy cycle and the re-registration of the tenancy at the end of each cycle. In addition the number of tenancies registered each year cannot be taken as a definitive proxy indicator of annualised lettings as there are certain classes of dwellings that do not fall within the provisions of the Residential Tenancies Act 2004. Further information from the PRTB’s published register, including a breakdown by county, is available on the Board’s website at www.prtb.ie/pubregister.htm. My Department provides significant resources, from part of the proceeds of tenancy regis- tration fees collected by the Private Residential Tenancies Board, to assist local authorities in discharging their enforcement functions under the Housing Acts in relation to rented accom- modation. Over €4 million was allocated in respect of 2009, linked largely to enforcement performance, bringing total funding allocations since 2004 to €15m. Details of the number of inspections carried out by each local authority in 2008 are published in my Department’s 2008 Annual Housing Statistics Bulletin, which is available on my Department’s website at www.en- viron.ie and in the Oireachtas Library. I expect inspection data for 2009 to be available by mid-2010. In recent years, there have been considerable achievements by almost all housing authorities in increasing the number of inspections of rented accommodation carried out each year and enforcement remains key to the success of the Regulations and to eliminating sub-standard accommodation from the rental sector. I recently announced the coming into effect on 1 December 2009 of the final elements of the package of measures approved by the Government last year to update and effectively enforce the minimum standards regulations for the private rented sector. The newly-strengthened sanc- tions regime provides for the issue by housing authorities of Improvement Notices and Prohib- ition Notices on foot of breaches by landlords of the minimum standards regulations. Housing authorities are aware of all the options available to them when enforcing the regulations and where necessary, they may pursue offenders through the Courts.

Flood Relief. 278. Deputy Ulick Burke asked the Minister for the Environment, Heritage and Local Government his plans to alleviate potential flooding reoccurring in south Galway; the funds he is providing for these works; his instructions to sections in his Department who have previously had objections to any projects to prevent flooding; if his attention has been drawn to the

801 Questions— 20 January 2010. Written Answers

[Deputy Ulick Burke.] destruction to wild life, fauna and flora by the recent flooding; if he has investigated the damage since these floods have receded; and if he will make a statement on the matter. [2386/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Office of Public Works has responsibility for flood risk assessment and major flood relief works. Funding for such works are provided by the OPW. Following recent flooding in Co. Galway, a joint Office of Public Works/ Galway County Council Working Group was set up and is tasked with arranging for the collection of flood level data, assessing the damage caused by the flooding, and identifying interim flood miti- gation measures. At its first meeting in December 2009, the Group produced an initial action programme. This includes a review of the final recommendations in the 1997 South Galway Flood Report in the light of the recent flooding with a view to identifying whether flood risk in this area has significantly changed from the previous flood event. There will be ongoing examination by the Group of individual areas to identify possible local flood relief measures. Under a scheme initiated last year, Local Authorities can seek funding from the OPW for minor flood mitigation measures that they propose to undertake in 2010. If minor works are identified for locations in South Galway, and these works are considered acceptable, economi- cally and environmentally, I understand that the OPW will consider putting Galway County Council in funds, having regard to general availability of resources. Where appropriate, the OPW may itself carry out mitigation works on behalf of the Council. In mid-2010, the OPW will commission the Shannon Flood Risk Assessment and Manage- ment Study to identify the level of flood risk throughout the catchment and produce a prior- itised plan of measures to deal with significant areas of risk in a comprehensive and inte- grated way. Flood relief works and projects, like any development, must adhere to the requirements of relevant national and EU legislation. Many of our rivers are designated for nature protection under national and EU law. They contain valuable habitats, species and fisheries that are legally protected. The law requires that any plan or project that could have a significant impact on these sites be assessed for possible adverse effects. Some works may also be subject to broader environmental impact assessment. It should be expected that proposed flood alleviation pro- jects are appropriately assessed to ensure that unintended negative consequences can be avoided. My Department advises relevant authorities such as the OPW and local authorities on how such works can be undertaken in compliance with the legal requirements. My Department’s National Parks and Wildlife Service has a presence throughout the State and will monitor any lasting adverse impacts that the flooding has had on protected species and habitats in these areas.

Water and Sewerage Schemes. 279. Deputy Ulick Burke asked the Minister for the Environment, Heritage and Local Government when funding will made available to commence work on a scheme (details supplied); the provisional completion date for work; the position regarding the implementation of this project; and if he will make a statement on the matter. [2414/10]

281. Deputy Ulick Burke asked the Minister for the Environment, Heritage and Local Government when funding will made available to commence work on a scheme (details

802 Questions— 20 January 2010. Written Answers supplied); the provisional completion date for work; the position regarding the implementation of this project; and if he will make a statement on the matter. [2418/10]

283. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps that have been taken to establish an investigation into the flooding of Cork City in November 2009; the form this investigation will take; the person who it will report to; if it will have to report within a set timeframe; when it will be established; if the Electricity Supply Board and Cork City Council will be involved in this investigation; and if he will make a statement on the matter. [2421/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 279, 281 and 283 together. The Kinvara and Athenry Sewerage Schemes, and the Portumna Regional Water Supply Scheme were included for funding in my Department’s Water Services Investment Programme 2007-2009. All three schemes are in the planning phase. My Department awaits Galway County Council’s revised Preliminary Report for the Kinvara and Athenry Schemes. In the case of the Portumna Regional Water Supply Scheme, my Department is currently examining the Council’s revised Brief for the appointment of consultants to prepare the Preliminary Report for the scheme. A decision on this brief will be conveyed to the Council as soon as possible in the light of the finalisation of the Water Services Investment Programme for 2010 to 2012. Last July, local authorities were asked to submit an assessment of needs for water and sewer- age services to my Department by 23 October 2009. My Department is currently examining these assessments, which form a key input to the development of the 2010 to 2012 Water Services Investment Programme. In conducting their assessments, local authorities were asked to prioritise schemes and contracts for progression over the coming years based on key environ- mental and economic criteria. I expect to publish the Water Services Investment Programme 2010 to 2012 early this year.

280. Deputy Ulick Burke asked the Minister for the Environment, Heritage and Local Government when funding will made available to commence work on a scheme (details supplied); the provisional completion date for work; the position regarding the implementation of this project; and if he will make a statement on the matter. [2416/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Gort Regional Water Supply Scheme was included for funding in my Department’s Water Services Investment Programme 2007-2009, and this scheme is at the planning stage. Last November, my Department approved Galway County Council’s tender proposals to carry out remedial works at the existing treatment plant under the EPA Remedial Action List programme to deal with water quality issues in the supply, in advance of proposals for a new plant under the Regional scheme. Local authorities were asked in July 2009 to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. My Department is currently examin- ing these assessments, which form a key input to the development of the 2010 to 2012 Water Services Investment Programme. In conducting their assessments, local authorities were asked to prioritise schemes and contracts for progression over the coming years based on key environ- mental and economic criteria. Further proposals for the proposed Gort Regional Water Supply Scheme will be considered in that context. I expect to publish the Water Services Investment Programme 2010 to 2012 early this year, based on key environmental and economic criteria. I expect to publish the Water Services Investment Programme 2010 to 2012 early this year .

803 Questions— 20 January 2010. Written Answers

Question No. 281 answered with Question No. 279.

282. Deputy Ulick Burke asked the Minister for the Environment, Heritage and Local Government when funding will made available to commence work on a scheme (details supplied); the provisional completion date for work; the position regarding the implementation of this project; and if he will make a statement on the matter. [2419/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Craughwell Sewerage Scheme was included for funding in my Department’s Water Services Investment Programme 2007- 2009. Galway County Council originally proposed to advance the Craughwell scheme as part of a four-scheme bundle, which also included the Carraroe, Clare- galway and Milltown Sewerage schemes. My Department has received the Council’s contract documents for the bundle. However, outstanding planning issues in relation to the Craughwell and Carraroe schemes preclude the Council from issuing a certificate of completion of planning which is necessary to enable the Department fully to assess the contract documents for those schemes. The Council now propose to advance the Claregalway and Milltown schemes as a separate bundle. Further progress on the Craughwell scheme must await clarification of the planning dimension and the finalisation of the Water Services Investment Programme 2010 to 2012. Local authorities were asked in July 2009 to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. My Department is currently examin- ing these assessments, which form a key input to the development of the 2010 to 2012 Water Services Investment Programme. In conducting their assessments, local authorities were asked to prioritise schemes and contracts for progression over the coming years based on key environ- mental and economic criteria. I expect to publish the Water Services Investment Programme 2010 to 2012 early this year.

Question No. 283 answered with Question No. 279.

Departmental Investigations. 284. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps that have been taken to establish an investigation into the flooding of Cork city in November 2009; the form this investigation will take; the person to whom it will report; if it will have to report within a set timeframe; when it will be established; if the Elec- tricity Supply Board and Cork City Council will be involved in this investigation; and if he will make a statement on the matter. [2421/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I have initiated a review of the emergency response to the November 2009 flooding. The review will consider available information on the response to the flooding, consider if there are any improvements to be made to the response and make recommendations as to future action on the wider emergency management arising from the events. In relation to the flooding in Cork City, the Office of Public Works (OPW), as lead Govern- ment agency for implementing the National Flood Policy in the matters of flood risk and mitigation, has commissioned the Lee Catchment Flood Risk Assessment and Management Study. The objective of the Study is to identify and map existing and potential future flood risk areas in the Lee catchment, through detailed hydrological/hydraulic modelling and flood mapping. This flood risk assessment also accounts for the likely impacts of land-use change, urban development and climate change on flood risk. Once the flood risk has been quantified

804 Questions— 20 January 2010. Written Answers and mapped throughout the catchment (with particular focus on developed areas or areas under potential development pressure) a Catchment Flood Risk Management Plan will be developed , which will include a prioritized set of actions, measures and works to manage the flood risk in the catchment. In light of the recent flood events of November 2009 and the subsequent need to study the new data, the timeframe for completion has been extended to allow for a review of the risks and proposed options. Once the review is completed, the Flood Risk Management Plan will be published by the OPW, along with flood maps, for formal public consultation.

Water Services. 285. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if he will provide details in tabular form of the amount spent each year for the past ten years on the upgrading of water mains; and if he will make a statement on the matter. [2423/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Water Services Investment Programme has focused over the past ten years on improving the quality and capacity of water services infrastructure to meet the needs of the growing population and economic demand, and to address environmental compliance. The upgrading of existing water mains and the provision of new mains have arisen both in the context of new or upgraded infrastructure in water supply projects financed under the general Water Services Investment Programme as well as projects undertaken under the Water Conservation Sub- Programme. Total Exchequer expenditure over the past 10 years on the provision of water supply infrastructure, including water mains rehabilitation, is set out in the following table.

Year Expenditure

€m

2000 125 2001 125 2002 135 2003 156 2004 160 2005 197 2006 213 2007 229 2008 246 2009 247

The €1.8 billion Exchequer spending on water supply infrastructure, includes some €168mon water conservation measures. Most local authorities have completed or are close to completing the initial phases of their water conservation programmes, which involved putting water man- agement systems in place to monitor water use and losses throughout the supply networks. This provides the platform for intensive investment in mains rehabilitation which will be a key priority under the next phase of the Water Services Investment Programme for the period 2010-2012, which will be published early this year.

Question No. 286 answered with Question No. 275. 805 Questions— 20 January 2010. Written Answers

Special Protection Areas. 287. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government if he will sign the order allowing for the provision of a facility (details supplied) in Dublin 1 following a positive environmental assessment; and if he will make a statement on the matter. [2436/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Dublin City Council has prepared an ecological report on the possible impacts of locating a facility for scrambler motorcycling at a site adjacent to South Dublin Bay and River Tolka Estuary Special Protection Area. This report has been referred to my Department as part of an application for consent, and the report, including suggested mitigation measures to avoid disturbance to birds using the SPA, is currently under examination. I expect to be in a position to make a determination on the consent application shortly.

Emergency Planning. 288. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government his role in the co-ordination of efforts to address the severe weather con- ditions; if a Cabinet sub-committee was tasked to address this matter; and if he will make a statement on the matter. [1238/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In relation to the recent severe weather event, I arranged for the convening of the National Emergency Co-ordination Committee and ensured that it provided an appropriate forum so that national co-ordination between various Government Departments and statutory agencies operated in an efficient manner to respond to any measure which required a decision or direc- tion at national level. Although the Committee briefed the Taoiseach and relevant Ministers on the position as it developed, a cabinet committee was not formally established.

Departmental Programmes. 289. Deputy Ulick Burke asked the Minister for Communications, Energy and Natural Resources the details of the new grant scheme to improve energy compliance for old houses; and if he will make a statement on the matter. [2384/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The new National Energy Efficiency Retrofit Programme administered by Sustainable Energy Ireland (SEI) which was announced in Budget 2010 has the objective of radically improving the energy efficiency of both domestic and non-domestic building stock nationwide, with a particular emphasis on low-income households. The detailed design of the new programme will be finalised and subject to public consultation in the coming months. In the interim, both the Home Energy Saving Scheme and the Warmer Homes Scheme, which are also administered by SEI, continue to provide support for the retrofitting of older privately owned homes across the country. 2009 was a very positive year for both schemes and the new programme will build upon and integrate their respective successes.

Departmental Websites. 290. Deputy Brian Hayes asked the Minister for Communications, Energy and Natural Resources the number of websites his Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2234/10]

806 Questions— 20 January 2010. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): My Department manages a number of websites that are focused on delivering information and mapping services to the wide range of stakeholders that have an interest in the Communi- cations, Energy, and Natural Resources areas for which my Department is responsible. As the unique visitor numbers illustrate, the websites vary between those of general interest, and specialised websites which supply information and services of a technical nature to specialised stakeholder groups. The cost of the websites cannot be easily broken out to individual costs, as most of them are hosted on the same hardware and share features such as mapping services across all the web- sites. The total cost of hosting and software maintenance for websites hosted in the Local Government Computer Services Board (LGCSB) was €79,914, and in HEAnet it was €15,600. The numbers of unique visits to the websites are detailed in the following table.

Websites Unique Visits Cost € www.dcenr.gov.ie 116,286 79,914 www.egovernance.ie 1,022 www.minex.ie 4,558 www.broadband.gov.ie 67,694 www.digitaltelevision.ie 23,082 www.explorationandmining.com 91 www.makeitsecure.ie 27,889 www.gsi.ie 44,538 www.gsishop.ie 5,530 wwwgsiseabed.ie 4,415 www.planetearth.ie 7,817 www.jetstream.gsi.ie 409 15,600

Alternative Energy Projects. 291. Deputy Seymour Crawford asked the Minister for Communications, Energy and Natural Resources his views in the context of the preparation of an offshore renewable energy develop- ment plan and the commissioning of a strategic environment assessment of that plan, the way in which offshore wind projects with valid applications for foreshore leases pending determi- nation will be affected; and if he will make a statement on the matter. [2272/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): At the request of my Department, Sustainable Energy Ireland (SEI) has commissioned a Strategic Environmental Assessment (SEA) on Wave, Tidal and Offshore Wind Development in Irish waters. The Ocean Energy Development Unit in SEI is progressing the SEA with the assistance of expert technical advice. The process is being overseen by a Steering Group which comprises my Department, SEI, the Marine Institute and the Department of Environment, Heritage and Local Government. The SEA will underpin the Offshore Renewable Energy Development Plan, which will inform the development consent framework for future offshore renewable energy projects. The SEA will provide an environmental assessment at a strategic high level. Under the relevant EU Directive individual projects are still required to carry out specific environmental impact assessments (EIAs.) Environmental Impact Statements already submitted with the current applications for foreshore leases, may be taken into account in the SEA. 807 Questions— 20 January 2010. Written Answers

[Deputy Eamon Ryan.]

Under the Foreshore and Dumping at Sea (Amendment) Act 2009, responsibility for certain foreshore functions transferred to the Minister for the Environment, Heritage and Local Government with effect from 15 January 2010. This includes all energy related developments (including oil, gas, wind, wave and tidal energy) on the foreshore. Both the Offshore Renewable Energy Plan and the Strategic Environmental Assessment will encompass and recognise exist- ing offshore wind projects and those projects with foreshore lease applications at an advanced stage and in the GATE 3 process. The requisite permissions for those projects will continue to be progressed while the SEA process is completed.

Broadcasting Legislation. 292. Deputy Michael Kennedy asked the Minister for Communications, Energy and Natural Resources if the Broadcasting Authority of Ireland will allow complaints to be made by ordi- nary members of the public, that is, third parties, regarding the recent TV3 coverage of the Minister of Finance and his private health matters; and if he will make a statement on the matter. [2280/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): This issue is a matter for the Broadcasting Authority of Ireland. The Broadcasting Act 2009 provides for the Compliance Committee of the Broadcasting Authority of Ireland to accept complaints from the general public in relation to a range of issues. The grounds and procedures for making complaints are set out in Section 48 of the Act. The Compliance Committee of the Broadcasting Authority of Ireland is an independent statutory body. I have no role in this regard.

Telecommunications Services. 293. Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources the position regarding the provision of broadband facilities in Kilglass, County Roscommon. [2321/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Broad- band services are provided by private service providers over various platforms including DSL (i.e over the telephone lines), fixed wireless, mobile, cable, satellite and fibre. Details of the availability of broadband services in County Roscommon, are available at www.broadband.go- v.ie. I would add that the information contained in this website is provided by service providers. Additionally, the National Broadband Scheme (NBS) will bring broadband services to some areas of County Roscommon. Details of the areas to be covered by the NBS can be found at www.three.ie/nbs. These areas are shown on an Electoral Division (ED) basis. The Kilglass South, County Roscommon ED Reference Number 197072, can now avail of the NBS service.

Alternative Energy Projects. 294. Deputy Ulick Burke asked the Minister for Communications, Energy and Natural Resources the number of wind farm projects nationally currently at gate three status; the number of these projects in County Galway; the potential capacity of these projects; the number likely to proceed in 2010; the number which have proceeded to construction and connection in each of the years 2007, 2008 and 2009; the steps he will take to encourage greater acceptance and clearance by the agency responsible; his plans to upgrade the national network to be capable of accepting the potential generation capacity; and if he will make a statement on the matter. [2385/10]

808 Questions— 20 January 2010. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There are currently 153 wind farm projects proceeding through the Gate 3 process. The list of Renew- able Projects in Gate 3 has been published by the Commission for Energy Regulation (CER) and available on its website (http://www.cer.ie). There are 10 Wind Farm projects in Gate 3 located in the Galway area. The total capacity applied for is 407.59 MW. 8 of these projects are due to receive offers under the Gate prog- ramme before the end of October 2010 and the remaining two are scheduled to receive offers before the end of June 2011. Following the execution of the offer, details of the next steps in consents and construction are discussed with the applicant. The decision document, referred to above, was issued by the CER (CER-09077). It sets out standard lead times and charges as guidance for applicants as to the time involved in the development of their connection to the system. EirGrid has published two further documents (’Connected Wind Farms’ 12/1/2010 and ‘Con- tracted Wind Farms’ 25/11/09), which list those wind farms that are contracted, have signed offers and are now connected to the system. The documents also detail the month and year in which offers are signed and the connection date of each wind farm. Connections and contracts for 2007, 2008 and 2009 are set out in the following table.

Connected Wind Farms 2009 2008 2007

Transmission Systems Operator 7 3 1 Distribution Systems Operator 6 10 3

Total 13 13 4

Contracted (Signed Offer) Wind Farms 2009 2008 2007

Transmission Systems Operator 0 11 2 Distribution Systems Operator 9 58 23

Total 9 69 25

To ensure the Gate 3 process operates efficiently and transparently, and to keep the industry stakeholders informed of developments, the CER has established a Gate 3 Liaison Group involving all stakeholders, including the renewable industry associations. The objective is to ensure the connection offer process is completed as quickly and efficiently as possible. Both EirGrid and ESB are to invest significantly in the distribution and transmission net- works in support of renewable energy. EirGrid’s grid strategy ‘GRID25’ sets out the overall strategic approach to grid development over the next decade and beyond. The strategy will see an investment of over €4 billion in the transmission system, with both new lines and upgrading of old lines. ESB Networks is similarly investing in the distribution network under its capital programme to 2020.

Energy Regulation. 295. Deputy Ciarán Lynch asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the case of retailers designated DG6 who fall into the category of low voltage maximum demand users and who have suffered increases of 20% to 30% in the cost of electricity as a consequence of the decision by the Commission for Energy Regulation; if he will consider taking action to redress this imbalance in view of the current 809 Questions— 20 January 2010. Written Answers

[Deputy Ciarán Lynch.] economic climate and the underlying reduction in the cost of gas; and if he will make a state- ment on the matter. [2431/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The regulation of electricity network charges is the statutory responsibility of the Commission for Energy Regulation (CER), under the Electricity Regulation Act 1999. I have no function in setting these tariffs. The CER reduced the network charges for all domestic and business customers from May 1st 2009 which resulted in an average decrease of electricity bills of 10.3%. This brought for- ward from the autumn an anticipated reduction in energy prices. At the time, the CER stated that the network charges would have to be increased from October. As a result distribution and transmission charges for all domestic and business customers rose from 1st October 2009. For the majority of customers, including those on regulated ESB tariffs, the increased net- work charges have been more than offset by the overall reductions in energy charges arising from the decline in fossil fuel prices, with a result that low voltage maximum demand users (who tend to be small and medium size enterprises), who had remained on regulated ESB tariffs experienced an average price decrease of a further 5.5% from 1st October 2009. Most SMEs in the LVMD category are with the independent electricity suppliers. The CER advises that some of these customers signed contracts with their suppliers that fixed their energy costs for a period but remained subject to changes in network charges. It is this category of customers that are experiencing a rise in their electricity bills. Although all electricity suppliers were fully aware that network charges were increasing in October, the CER advises that it has received complaints from some SME customers who consider that they had not been put on notice by their suppliers of the forthcoming change in network charges. On foot of the complaints, the CER has launched an investigation into how these recent network charge increases were communicated to these customers by their electricity suppliers. It must be emphasised that the CER has no role in the terms of the contracts entered into by business customers with independent suppliers. I welcome CER’s decision to investigate the matter. According to the latest statistics on European energy cost competitiveness, published by Eurostat, Ireland’s competitive position on electricity prices is improving considerably. Ireland registered the third largest price drop in electricity prices to industry over the 12 month period ending 30 June 2009. At the same time, 22 of the 27 EU countries experienced price increases. It is also the case that some of the larger industrial customers in Ireland paid less for electricity in Ireland than equivalent customers in Britain in the first half of 2009. Given Ireland’s depen- dence upon imported fossil fuels, widely dispersed population and need for considerable catch up investment in the networks, this is positive news for these industrial customers from a competitiveness perspective. Competition among the suppliers is a critical means of exerting downward pressure on elec- tricity prices. For competition to be fully effective, business customers should be informed of all the options open to them. My Department, the CER and Sustainable Energy Ireland are working with IBEC to ensure that business is better equipped to understand and manage their energy bills. Business customers can now choose among a number of suppliers and the advice to them is ensure that they negotiate the best offer available.

Departmental Websites. 296. Deputy Brian Hayes asked the Minister for Agriculture, Fisheries and Food the number

810 Questions— 20 January 2010. Written Answers of websites his Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2232/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The details requested by Deputy Hayes in relation to the Department’s websites are provided in the following table.

Website Name Annual maintenance The number of unique visits each site cost (ex vat) for each received in 2009 site in 2009

€ http://www.agriculture.gov.ie 7,306.69 851,308 http://www.fawac.ie 62.99 21,256 http://www.fishingnet.ie 69.99 13,003 http://www.killybegsharbour.ie 69.99 9,715 http://www.pcs.agriculture.gov.ie Nil 42,906 http://www.pots.agriculture.gov.ie Nil 11,101 http://www.agriappeals.gov.ie Nil 21,162 (April 09-Dec. 09) http://www.agrifood2010.ie 62.00 1,200 (Circa) http://www.agri-vision2015.ie 62.99 1,500 (Circa) http://www.coastalhelicopterview.ie 69.99 1,245* http://www.efabis.ie 62.00 4,000 (Circa) http://www.prism.ie 69.99 1,250* * Responsibility for these sites was transferred to the Office of Public Works during 2009.

Special Protection Areas. 297. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Mayo is entitled to compensation for the designation of their lands as a special area of conservation or a national heritage area in view of the fact that their REP scheme three participation has finished; and if he will make a statement on the matter. [2253/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The designation of lands as Special Protection Areas or National Heritage Areas is a matter for the Minister for the Environment, Heritage and Local Government in the first instance. Any farmer with desig- nated land who is not in REPS can apply to the Department of the Environment, Heritage and Local Government for compensation.

Grant Payments. 298. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the reason for the delay in issuing payment to a person (details supplied) in County Cork under the installation aid scheme; and if he will make a statement on the matter. [2271/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant under the Young Farmers’ Installation Scheme. Under the terms of the Scheme, payment of the grant concerned is made once it has been established that the requirements of the Scheme have been met, including the conditions in relation to property, education and income. The outcome of my Department’s examination of the application will be made known to the applicant shortly. 811 Questions— 20 January 2010. Written Answers

Proposed Legislation. 299. Deputy Noel Ahern asked the Minister for Agriculture, Fisheries and Food the position regarding the proposed new animal health and welfare Bill; the stage it is at; if the heads of the Bill have previously been published; and when the Bill will be issued. [2350/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Drafting of the Ani- mal Health and Welfare Bill, which gives effect to commitments in the Programme for Govern- ment and the Renewed Programme for Government is ongoing in my Department. The legis- lation will amend and consolidate legislation in the area of animal health, particularly to reflect the changed disease status of our animals and will update existing legislation, to ensure that the welfare of all animals, including non-farm animals, is properly protected and that the penal- ties for offenders are increased significantly. The proposed legislation will also provide for the consolidation of responsibility for the welfare of all animals within my Department. I intend to submit the proposed heads of this Bill to the Government at an early date this year.

Grant Payments. 300. Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food the number of farmers in County Galway that were participants in the REP scheme in 2006, 2007, 2008 and 2009; the number that transferred to REP scheme four; the number of farmers in County Galway that have lost out due to his decision to prevent transfer to REP scheme four; the financial loss as a consequences of this decision; and if he will make a statement on the matter. [2375/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The number of farm- ers in County Galway who received payments in REPS 2 and REPS 3 in the years in question were as follows:

2006 2007 2008 2009

6,571 6,098 5,200 4,052

In 2008 and 2009, 2,726 applications for REPS 4 were received from farmers in County Galway. The decision to close REPS 4 to new applicants was taken against the background of the situation in the public finance, the budgetary resources available to my Department and the level of expenditure arising from commitments, particularly in future years, from the increase, between 2008 and 2009, from 46,694 to approx 63,000 in the number of REPS participants. All participants already in the scheme will continue to receive payment until their current contracts run their course. In addition, all applications received before the closing date of 15 May 2009 for the 2009 scheme year and those received up to the date of closure of the scheme will be considered for entry into the scheme in accordance with the eligibility requirements.

Departmental Schemes. 301. Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food the names of pork processors in County Galway that received compensation through his Department from the contamination of pig feed by dioxin in 2008 and 2009; the amount in each case; and if he will make a statement on the matter. [2376/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): To date payments amounting to a total of €1.4m have been paid to applicants from County Galway under the Pigmeat Recall Scheme. A listing of the beneficiaries concerned is being supplied separately 812 Questions— 20 January 2010. Written Answers to the Deputy. Some claims are still being processed and therefore it is not yet possible to provide a final list of the individual sums involved.

302. Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food the loss to County Galway farmers as a result of his decision in 2008 and 2009 to reduce and cut in farm income support schemes and farm development schemes; and if he will make a statement on the matter. [2377/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): In view of the prevail- ing economic situation cuts had to be made in all sectors in the 2008 Budget and my Depart- ment was not immune from these cuts. However, these cutbacks were kept to a minimum in so far as my Department was concerned and every effort has been made to minimize their impact on farmers since. The Deputy will be aware of the reasons for the reduction in the budget for the 2009 Disadvantaged Areas and Suckler Welfare Schemes, notwithstanding which total expenditure in 2009 by my Department amounted to over €3.2 billion. In relation to the Disadvantaged Areas Scheme the necessary savings were achieved by reducing the maximum area limit to 34 hectares. However, almost two-thirds of Disadvantaged Areas Scheme beneficiaries were not affected by this reduction. The total value of payments made under this Scheme to Galway herd owners in 2008 was €29.35 million, while payments made, to date, in respect of the 2009 Scheme amount to €25.77 million. Payments are ongoing in respect of the 2009 Scheme as outstanding applications are processed to conclusion. In excess of €6m has been paid to Galway herd-owners for animals registered during 2008 under the Suckler Welfare Scheme. Almost 100,000 animals were registered under this scheme during that year. No payments have been made to date in respect of animals registered in 2009. However, despite the reduction in the amount paid per animal under the Scheme, in excess of 90,000 animals born during 2009 have been registered to date, which demonstrates that the Scheme is still considered by the applicants to be very worthwhile. Furthermore, the Deputy will also recall my decision to introduce the Uplands Sheep Pay- ment in 2009, in recognition of the need for specific support for this sector; payments under the UPS to Galway herd owners amount to €0.295 million, with payments continuing to issue on an ongoing basis. In the case of farm development schemes, no reductions in aid took place in either 2008 or 2009. The Sow Housing (Animal Welfare) Scheme was closed for new applications in April 2008 as the applications received had reached the level of funding allocated to the Scheme by the 2007-2013 Rural Development Programme. In addition, a decision was taken in February 2009 to defer the remaining grant payments under the Farm Waste Management Scheme on the basis of 40 per cent in 2009 as claims are approved, with the remaining instalments of 40 per cent and 20 per cent being paid in 2010 and 2011 respectively. I also announced at that time that an ex gratia payment not exceeding 3.5 per cent of the value of the deferred amount would be made to farmers whose Farm Waste Management grants were partially deferred. This payment will be made in January 2011 along with the final instalment.

Grant Payments. 303. Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food the number of farmers in County Galway who are participants in REP schemes in 2006, 2007, 2008 and 2009; the numbers who subsequently transferred to REP scheme four; the number of farmers in County Galway who have lost out due to his decision to prevent transfer to REP scheme four; and the financial loss as a consequence of this. [2378/10]

813 Questions— 20 January 2010. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The number of farm- ers in County Galway who received payments in REPS 2 and REPS 3 in the years in question were as follows:

2006 2007 2008 2009

6,571 6,098 5,200 4,052

In 2008 and 2009, 2,726 applications for REPS 4 were received from farmers in County Galway. The decision to close REPS 4 to new applicants was taken against the background of the situation in the public finance, the budgetary resources available to my Department and the level of expenditure arising from the commitments, particularly in future years, from the increase, between 2008 and 2009, from 46,694 to approx. 63,000 in the number or REPS partici- pants. All participants already in the scheme will continue to receive payment until their current contracts run their course. In addition, all applications received before the closing date of 15 May 2009 for the 2009 scheme year and those received up to the date of closure of the scheme will be considered for entry into the scheme in accordance with the eligibility requirements.

Flood Relief. 304. Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food the number of farmers in County Galway that have received assistance or financial support from his Depart- ment following the flooding in December 2009; the amount already allocated by his Depart- ment; the average value of each allocation; his estimate of the final allocation from his Depart- ment to assist these farmers; and if he will make a statement on the matter. [2400/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Mindful of the hard- ship and distress caused by the recent widespread flooding, on 27 November 2007 I announced the introduction of the Fodder Aid Scheme, targeted directly at those farmers who encountered damage to fodder in the affected areas, for which I assigned a budget of €2 million. While I was very anxious that the funding reach the affected farmers as quickly as possible, it was essential that farmers demonstrate that their fodder was damaged and to what extent. To this end, therefore, it was necessary that each claim be verified by an on-the-spot inspection. I had initially set the closing date for receipt of applications as 11 December, but subsequently extended it by one week. Immediately applications began to be received by my Department, the necessary inspections were begun, following which the applications were further processed for payment. I am pleased to say that payments commenced issuing on 18 December and, to date, payments worth €464,468 have issued to 215 applicants nationally, of which, payments worth €213,135 have been made to 89 Galway herd-owners. Nationally, the payments made are worth an average of €2,160, while in Galway the average, to date, is €2,395. Further pay- ments continue to issue as individual cases are confirmed eligible.

Grant Payments. 305. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when the REP scheme four payment will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [2412/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. Payments in 2009 to those whose applications required no further examination 814 Questions— 20 January 2010. Written Answers following the administrative checks. However, queries arose on a significant number of appli- cations, including that of the person named, in the course of the administrative checks. My Department is continuing to process the application to payment stage, including the application from the person named, with a view to payment as soon as possible and, in this context, will be in touch with the applicants where necessary, to resolve outstanding issues.

Farm Waste Management. 306. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if the first instalment of payments under the farm waste management scheme due to be paid in the begin- ning of 2009 have been paid in full; the number of second round payments that have yet to be paid; and if he will make a statement on the matter. [2430/10]

307. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if the first round of payments of 40% under the farm waste management scheme, due to be paid at the beginning of 2009, was paid in full; the number of second round 40% farm waste management payments that have not been paid to date in 2010; and if he will make a statement on the matter. [2439/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 306 and 307 together. The first and second instalments of 40 per cent under the Farm Waste Management Scheme have been paid or authorized for payment to all farmers who have been approved for payment under the Scheme, to date. In a small number of cases, grant payment has not yet been approved to applicants under the Scheme (i) as applicants have either not yet submitted the necessary tax clearance documentation or have not provided the required documentary proof of payment of the contractors concerned, or (ii) due to technical issues having arisen in relation to the standard of the completed buildings.

Grant Payments. 308. Deputy Enda Kenny asked the Minister for Agriculture, Fisheries and Food the number of persons who received payments under all REP scheme categories in County Mayo for 2007, 2008 and 2009; the amount paid; and if he will make a statement on the matter. [2571/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The number of farm- ers in County Mayo who received REPS payments in the years in question, and the total amounts paid, were as follows:

2007 2008 2009

Participants 5,620 5,208 5,818 Amount paid €33.6m €31.7m €31.9m

309. Deputy Enda Kenny asked the Minister for Agriculture, Fisheries and Food the numbers of persons eligible for REP scheme payment in County Mayo for 2010; the projected spend under REP scheme three and REP scheme four for 2010; and if he will make a statement on the matter. [2572/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There are 5,675 farm- ers in Mayo participating in REPS. The value of REPS payments to these farmers in 2010 is approximately €18 million in REPS 3 and €17 million in REPS 4. 815 Questions— 20 January 2010. Written Answers

310. Deputy Enda Kenny asked the Minister for Agriculture, Fisheries and Food the reason he denied access to REP scheme four for farmers for 2010; the numbers of farmers who were denied in County Mayo for 2010; his projected spend on an alternative to REP scheme four; and if he will make a statement on the matter. [2573/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The decision to close REPS 4 to new applicants was taken against the background of the situation in the public finance, the budgetary resources available to my Department and the level of expenditure arising from commitments, particularly in future years, from the increase, between 2008 and 2009, from 46,694 to approx. 63,000 in the number of REPS participants. All participants already in the scheme will continue to receive payment until their current contracts run their course. In addition, all applications received before the closing date of 15 May 2009 for the 2009 scheme year and those received up to the date of closure of the scheme will be considered for entry into the scheme in accordance with the eligibility requirements. There are currently 2,923 participants in REPS 4 in County Mayo. I hope to secure formal approval of the European Commission for a new agri-environment scheme very shortly. It is not possible, at this stage, to forecast the level of expenditure under the new scheme. The scheme will operate on the basis of a five year contract period for partici- pants and expenditure will depend on the number of applicants, the nature of the environmen- tal measures which they undertake and, ultimately, the resources provided to the Department for the scheme in the annual Estimates process.

311. Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when a REP scheme four payment will be awarded in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [2576/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An issue has arisen during the processing of the REPS 4 application from the person named. Processing of the application cannot be completed until this has been resolved. My officials will be in contact with him shortly.

312. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Kerry will receive their full REP scheme four payment; and if he will make a statement on the matter. [2578/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An issue has arisen during the processing of the REPS 4 application from the person named. Processing of the application cannot be completed until this has been resolved. My officials will be in contact with him shortly.

Departmental Websites. 313. Deputy Brian Hayes asked the Minister for Education and Science the number of web- sites his Department provides; the annual cost of maintaining each site; the number of unique visits each site received for 2009, or for a part of 2009; and if he will make a statement on the matter. [2237/10]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department has one web- site. The annual cost of maintaining the website is approximately €21,000. This figure includes a contribution of €6,929 to the Local Government Computer Services Board (LGCSB) for hosting the website. In 2009 the website attracted 568,429 unique visitors.

816 Questions— 20 January 2010. Written Answers

Schools Building Programme. 314. Deputy Arthur Morgan asked the Minister for Education and Science the allocation for primary and post primary school building in 2010; if he will provide an overview of the 2009 schools building programme including all projects currently progressing through architectural planning, projects on site or progressing to tender and construction in 2009/2010 and projects in architectural planning in 2010; and if he will make a statement on the matter. [2264/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The proposed allocation for the primary and post primary school building programme for 2010 is €578.8 million. Details providing an overview of the 2009 schools building programme, including the infor- mation requested by the Deputy, along with a listing of all projects currently in architectural planning are available on my Departments web-site. Copies of the relevant tables are as follows. I am currently in the process of reviewing my Department’s school building and modernis- ation programme with my officials in the context of the allocation for 2010. I intend making a further announcement on the school building programme when that review has been completed.

817 Questions— 20 January 2010. Written Answers Progressing to — Construction Moore 1.1 New School Progressing to Tender ’ s College, Cavan, 2.3 New School Progressing to Tender ’ Co. Cavan Lane Passage West Grange Balbriggan School, Blackrock Straffan in Ossory School,Drogheda Enfield, Co Meath Navan Street, Tullamore, Co Offaly Major projects progressing to construction, on-site or completed in 2009 County Roll No. School Band Rating Project Description Status CavanCorkCorkCorkDublin (Fingal) 61060MDun Laoghaire RathdownDun Laoghaire Rathdown 18786R 70030EKerry St 20105C Patrick 81001L 60010PKildare 20106E Sc Iosagain,Kildare Farranree Senior College, Dun Star Laoghaire ofLaois the Newpark Sea Loreto Comprehensive Primary Secondary School, School, Scoil Nioclais,Louth Frankfield, 1.4 1.4Louth 2.4 20196IMeath 2.2 17674B Extension/Refurbishment 1.1 New School 1.1Meath 20114D Extension/Refurbishment New Progressing Extension/Refurbishment School to Ballybunion Tender NS SNOffaly Aine 07442U Naofa, Extension/Refurbishment Ard Cloc, Progressing to Tender ScoilCarlow 20205G Brid, Progressing Naas to Tender Progressing to Convent Tender of 63870L Mercy NS, Borris Progressing 17821L to Tender 1.1 St Marys Parish Progressing to 20180Q Tender Drogheda Grammar 1.4 School 2.1 New School Scoil Nais 65610S Mhuire Naofa, 1.1 Scoil Eoin New 18363M National School New School, School 1.1 Colaiste Choilm, Extension/Refurbishment O 1.1 SN 1.1 Muire gan Smal, Extension/Refurbishment Green 1.1 Progressing Progressing to to Tender Tender New School New School Progressing to Progressing New Tender to School Progressing Tender to Tender 1.1 Extension/Refurbishment Progressing to Progressing Tender to Tender Tender Stage Progressing to Tender

818 Questions— 20 January 2010. Written Answers Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to — — — — — — — — — — — — — — — Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction Construction continued — id SJ Bothar na 1.1 Extension/Refurbishment Tender Stage á Fhiach, Maynooth 1.1 New School Tender Stage í iste Iogn á (Finn Valley College)College, Crumlin Rd, Dublin12 Dublin 10 Swords Co. Kildare Inistioge Construction Construction Drogheda na Mart, Co. Mayo Construction Mara Major projects progressing to construction, on-site or completed in 2009 County Roll No. School Band Rating Project Description Status CavanDonegalDublin (City)Dublin (City)Dublin (Fingal) 06998Q 71240UDublin 16964F (Fingal) SN TulachGalway a Mhile, Corlough 20139T Stranorlar Vocational School Scoil MhuireKildare Ogh 19898K 1, LoretoKildare 76104O 2.2 Inchicore NS, Sarsfield Road, 2.2 GaelscoilKilkenny an Duinnigh, Feltrim, 2.5 New School Donabate CommunityLimerick New College School 62970K 1.4 1.1 Extension/RefurbishmentLongford 11976K 1.1 Extension/RefurbishmentLouth Col New Tender School Stage 20058TMayo 15160G Scoil New Tender Choca School Tender Stage Naofa, Stage Kilcock, Tender Stage Meath 13026P Sc U Marymount N.S., 71690F The Rower, 1.1 Tender Kilfinane Stage National School 18069M Ballymahon Tender 2.4 Extension/Refurbishment Vocational Stage School 20046M Naomh Tender Extension/Refurbishment Seosamh, Stage Mell, 19253K 2.2 2.3 Gaelscoil Na Cruaiche, Cathair Tender Stage New Extension/Refurbishment School Wilkinstown NS, Wilkinstown 1.1 1.1 Tender Stage 2.3 New School New School Extension/Refurbishment Tender Stage Tender Stage Tender Stage Tender Stage

819 Questions— 20 January 2010. Written Answers Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to Progressing to — — — — — — — — Construction Construction Construction Construction Construction Construction continued — r M O Cleirigh, 2.3 Extension/Refurbishment In Construction Chrainn Roscommon Ballycarnane, TramoreRoad, WaterfordLismore NS Construction Construction Creevy, Ballyshannon Rd., Raheny Littlepace Scoil Grainne, Phibblestown Phibblestown Major projects progressing to construction, on-site or completed in 2009 County Roll No. School Band Rating Project Description Status MeathMonaghanRoscommonTipperaryWaterford 76103M 18028VWaterford 65100SWaterford Colaiste Na hInse, Laytown Corr a Chrainn NS, 15696BWaterford Corr a Scoil Mhuire, Strokestown, Co 19629GClareDonegal 1.1 Silvermines National 20050D School 2.4 2.4Dublin Holy (Belgard) Cross School, 20076V NewDublin School (City) Gaelscoil na Extension/Refurbishment Extension/Refurbishment Deise, 20160K Grace 2.1 DieuDublin (Fingal) BunscoilDublin Bhothar (Fingal) na Naomh, Tender Tender Stage Stage New 18324C 1.1 School Waterford 14830UDublin Educate 17268N (Fingal) Together 1.1 18646BDublin Tender 2.4 (Fingal) Stage New School Scoil 20202A Bride Barefield C, SN N.S., Palmerstown An Ennis 1.1 B New 20231H School Extension/Refurbishment Springdale NS, Lough Derg 20247W Balbriggan ET New Tender School Stage St. Tender 2.3 Benedicts Stage Ongar 76098W NS, Community National Tender School Stage 2.1 2.1 Extension/Refurbishment Tender Pobail Stage Scoil Setanta, New Extension/Refurbishment School In 1.1 Construction 1.1 Tender Stage 1.1 In Construction New School New School New School 1.1 In Construction New School In Construction In Construction In Construction In Construction

820 Questions— 20 January 2010. Written Answers continued — id Ris, Naas 1.1 Extension/Refurbishment In Construction á nscoil Iogn á School Maynooth Kildare Rickardstown, Newbridge Bridgets Post Primary School) Limerick Estate, Dundalk Ratoath Snr NS, Ratoath Major projects progressing to construction, on-site or completed in 2009 County Roll No. School Band Rating Project Description Status GalwayKildareKildareKildareKildareKildare 91514UKildare 00779UKildare Glenamaddy CommunityKildare 13350B 16345A Presentation Convent,Limerick 17662R Scoil Bhride,Limerick Athgarvan 18654A Scoil 1.4 Bhride, Nurney, Co. 20271TLouth Scoil Bhride Kill NS 61710C New 1.1 School CaraghMayo NS, Naas 70650L ScoilMeath na 1.1 Naomh Uilig, 2.2 Extension/Refurbishment 16237U Me Meath 64201T Extension/Refurbishment AthyMeath Community College (St. New School InMeath Construction 1.1 Dromtrasna NS Abbeyfeale In In 19598V Construction Construction Ardscoil 1.1 1.1 Ris, Nrth 1.3 Circular Rd, New School 76060U 00885T 20200T Muire New Extension/Refurbishment na School 1.3 nGael New NS, Ratoath School Bay Jnr 2.4 NS, Ratoath 16646O In Davitt Construction College, Castlebar 17964K In Construction New School Extension/Refurbishment 20216L St Marys Convent In NS Construction Trim 1.1 SN Mhuire 1.1 In Naofa, Construction Rathfeigh Scoil 4.1 In Oilibheir Construction Naofa, In Laytown Construction Extension/Refurbishment Extension/Refurbishment 1.1 Extension/Refurbishment 2.4 In Construction 1.1 In Construction In Construction Extension/Refurbishment In Construction Extension/Refurbishment New School In Construction In Construction In Construction

821 Questions— 20 January 2010. Written Answers continued — Dromakeenan Maolain, An Uaimh Enniscorthy, Co Wexford Lacken, Blessington, Co Wicklow Aodha Rochestown 6 Balbriggan College Cill Tiarnain Major projects progressing to construction, on-site or completed in 2009 County Roll No. School Band Rating Project Description Status OffalyRoscommonWestmeathWestmeathWexfordWicklow 01607T 17523D 17089NWicklowClare SN SN 18812P Cronain Cor Naofa, Na Fola CluainCork Maolain NS, 71630K CluainCork Loch anCork 10111O Ghair NS Mullingar Vocational College,Donegal 2.1 61800DDonegal 2.4 Lacken National School,Donegal 2.2 2.2 13418J NewDublin School (City) Extension/Refurbishment Presentation College, Bray 00512D New SchoolDublin Extension/Refurbishment (City) 15597W 1.1Dublin Ballyea (Fingal) In Mixed 2.1 Construction NS, Sn 20335T Baile In 16642G Construction MidletonDublin Convent Belgard) NS 2.2 Extension/Refurbishment 19333I Macroom BNS, New Macroom School 20048ODun 20054L Laoghaire In Scoil Rathdown Construction Phadraig Naofa, Clonmany 1.1 New Mixed In School NS Construction 20131D In 76129H Construction Dooish NS, 20020R Ballybofey Gaelscoil Lios Scoil na Eoghan, nOg, 76097U New Moville Dublin School 2.2 1.1 Dublin 7 Educate Ardgillan Together Community College, Gaelscoil Thaobh In na Construction 1.1 New Coille, New School 1.2 Adamstown School Community 2.1 In 1.2 Construction 1.1 New School 1.4 1.1 Extension/Refurbishment New School 1.1 Practical Extension/Refurbishment Completion 2009 New School 1.1 New New Practical School School Completion 2009 New School Practical Practical Completion Practical Completion 2009 Completion 2009 2009 New School Practical Completion 2009 Practical Completion 2009 Practical Completion 2009 Practical Practical Completion Completion 2009 2009 Practical Completion 2009 Practical Completion 2009

822 Questions— 20 January 2010. Written Answers continued — 1.1 New School Practical Completion 2009 — s College, 2.2 Extension/Refurbishment Practical Completion 2009 , Athy (Athy B) 1.1 New School Practical Completion 2009 s N.S. and 1.2 New School Practical Completion 2009 ’ ’ Í s College Secondary 2.4 Extension/Refurbishment Practical Completion 2009 ’ s Hill ’ Belmullet School, Summerhill Newcourt Special School, Newcourt Road, Bray Piper Gaol Road, Kilkenny Mohill Drogheda Special Schools Longwood Gainstown Major projects progressing to construction, on-site or completed in 2009 County Roll No. School Band Rating Project Description Status GalwayKildareKildareKildareKildareKilkennyLaois 20108ILaois 20023ALeitrim 20159C Knocknacarra NSLouth 20177E Gaelscoil Chill Dara 20192A Gaelscoil Nas 19523HMayo Na Riogh Newbridge EducateMayo Together Scoil Atha 13643Q Holy Spirit SpecialMeath School, 91550B 76089V 1.1 1.1 1.1Meath Emo Mixed NS,Meath 20146Q Portlaoise Mountrath Community New Mohill School Extension/Refurbishment SchoolWestmeath Community Extension/Refurbishment 1.2 College, 19387I /19773NWexford St. Le Dympnas Cheile and Practical ET, St Completion Practical 72050U New Mornington, NicholasWexford 1.4 2009 Completion School 2.2 2009 1.4 16655PWicklow New New School St. School Brendan 18016O 1.2 Practical 1.1 New Completion 16838A School 2009 71950L Scoil Naise na Dearmhai, New School New S 20214H School N Practical Columbain, Completion Ballivor Baile 2009 Ui Gheibhinn St 63650U NS, Peters College, Dunboyne 13597M Practical /18408I Practical Completion Gorey Completion 2009 ET 2.2 2009 St. Andrew Practical St Completion Peter 2009 1.1 2.1 New 2.1 School Practical Completion 2009 Practical Completion 2009 Extension/Refurbishment New School Extension/Refurbishment Practical Completion 2009 Practical Completion 2009 1.1 Practical Completion 2009 Practical Completion Extension/Refurbishment 2009 Practical Completion 2009

823 Questions— 20 January 2010. Written Answers Planning s Boys National In early Architectural Planning 1.2 Extension/Refurbishment ’ s NS, Hacketstown, In advanced Architectural 2.3 Extension/Refurbishment ’ s NS, Bagenalstown, In advanced Architectural 2.1 New School s Church of Ireland In advanced Architectural 1.1 Extension/Refurbishment ’ ’ s National School, In advanced Architectural 2.4 Extension/Refurbishment ’ Major Projects in Architectural Planning (Dec 2009) NS (formerly Carrigaline N.S. Carrigaline, Co. Cork) Planning Co CarlowCo. Carlow Planning Planning School, Douglas, Co Cork Whitechurch, Co Cork. Planning Co. CarlowCo Cavan Cavan Planning School, Cootehill, Co Cavan Co Clare CorkCo Cork Planning Planning County Roll No. School Current Status Band Rating Project Description CarlowCarlowCarlowCarlowCavan 11135KCavan 17501QCavan St. Mary 70420RClare 17127S Bennykerry NS, Bennykerry,Cork 18857O Carlow In Vocational advanced School ArchitecturalCork St. Joseph 19439BCork In early S Architectural N Planning Carraig 81005Q A Bruis, Virginia,Cork 2.1 Holy In Family early S Architectural S, 15042A Planning Cootehill, Co 1.1Cork St In Aidans early Comprehensive New Architectural school Planning 13450FCork 2.1 New Ennis School National School, 13828F Ennis, In early Architectural Planning 1.2 In early Rushbrook Architectural NS, Extension/Refurbishment 16746S Planning Cobh, Co. St Extension/Refurbishment Columba 2.4 17609N In advanced 1.1 Architectural Ballygarvan NS 17667E , Ballygarvan, Extension/Refurbishment Rathcormac In NS, advanced New Rathcormac 18279A Architectural School In Patrick advanced Architectural 2.4 St Mary 1.1 New School 2.2 New School New School

824 Questions— 20 January 2010. Written Answers continued — Planning í s Special School, In early Architectural Planning 1.2 Extension/Refurbishment ’ s College, St. In early Architectural Planning 2.1 Extension/Refurbishment ’ s Hill, Cork ’ Patrick Letterkenny Castlemartyr, Co.Cork na Bhfear, Co Chorca Aibhinne Murmont, CorkCity Co Cork Planning Rochestown, Co CorkWellington Road, Planning CorkRoad, Cork. Planning Carrigaline, Co CorkLurgybrack, Co. Donegal.Letterkenny, Co. Donegal. Planning Planning Planning Chlochair, Bun Beag, CoDhun Planning na nGall Planning Letterkenny, Co. Donegal. Major Projects in Architectural Planning (Dec 2009) County Roll No. School Current Status Band Rating Project Description CorkCorkCorkCorkCork 19351KCork 19415KCork Kilcreadan NS, Ladysbridge, 19993ECork Scoil In an early Athar Architectural Tadhg, Planning Carraig 62310OCork Gaelscoil In An advanced Ghoirt Architectural Alainn, 62460KDonegal 2.4 In advanced De Architectural La Salle 62640M College, Macroom,Donegal In early Extension/Refurbishment St Architectural Francis Planning Capuchin 1.1 62690E College,Donegal St. Angela Commencing 81008W Architectural 2.2 New 2.4 School Donegal Scoil Mhuire, 91388S 2 Sydney Place, 16672P NewDonegal Ashton School School, Extension/Refurbishment Blackrock In advanced Architectural 1.1 18052S Carrigaline Community School, In St. advanced Patricks Architectural 18219F Commencing Primary Architectural School, Extension/refurbishment Scoil Mhuire gan 2.3 In Smal, advanced Architectural 19724A SN Chonaill, Machaire 2.1 1.1 19971R Extension/Refurbishment In advanced Little Architectural Angel 1.1 New Extension/refurbishment In School advanced Architectural Gaelscoil Adhamhnain, Extension/Refurbishment 1.1 In early Architectural Planning 2.1 Extension/Refurbishment 1.1 Extension/Refurbishment Extension/Refurbishment

825 Questions— 20 January 2010. Written Answers continued — s In early Architectural Planning 2.3 Extension/Refurbishment ’ s Junior NS,s Senior In NS, advanced Architectural In advanced Architectural 2.1 2.1 New School New School ’ ’ s School, In advanced Architectural 2.4 Extension/Refurbishment s College, In early Architectural Planning 1.1 Extension/Refurbishment ’ s NS and St Aidan ’ s NS, Woodview, In early Architectural Planning 1.1 Extension/Refurbishment ’ ’ Letterkenny, Co Donegal Knocklyon, Templeogue,Dublin 16 Knocklyon, Templeogue, Planning Dublin 16 Planning Dublin 24 Esker, Lucan, Co Dublin Templeogue Road, Terenure,Dublin 6W Planning DonegalCo. DonegalDublin Planning Planning Planning Firhouse, Tallaght, Dublin 24Dublin Planning Ballyroan, Rathfarnham,Dublin 16 Planning Stanhope Street, Dublin 7Rd, Clontarf, Dublin 3 Planning Planning Major Projects in Architectural Planning (Dec 2009) 19834 NS, Brookfield, Tallaght, County Roll No. School Current Status Band Rating Project Description DonegalDonegalDonegalDublin (Belgard)Dublin (Belgard) 20150H 62830RDublin (Belgard) 13447Q Holy Family NS, 91409A Ballyshannon, In advancedDublin 19474D Architectural St (Belgard) Eunan Scoil Mhuire, Lucan, Pobail Co. Scoil GhaothDublin 19742C Dobhair, (Belgard) St. Colmcille In advanced ArchitecturalDublin 1.4 (Belgard) In advanced Architectural 19782O & St. Colmcille Dublin (Belgard) Extension/Refurbishment St 19817H Brigid Dublin (Belgard) 4.1 1.1 19878EDublin (Belgard) St. Mary PE Hall 60263V Extension/Refurbishment Ballycragh NS,Dublin 60341P Ballycragh, (City) St JosephsDublin College, (City) Lucan, In Co advanced 60860Q Architectural In Sancta early Maria Architectural College, Planning Our Lady 09932B 1.1 2.1 In advanced Architectural 13815T Extension/Refurbishment New Stanhope School St Convent, Howth Rd Mxd NS, 2.4 Howth In advanced Architectural In advanced Architectural Extension/Refurbishment 1.3 2.4 New School Extension/Refurbishment

826 Questions— 20 January 2010. Written Answers continued — de í Toole Special In advanced Architectural 1.2 Extension/Refurbishment ’ Toole Girls In early Architectural Planning 1.4 New School ’ nta Lusca, Lusk, Commencing Architectural 1.1 New School ú iste Reachrann, In early Architectural Planning 2.2 New school s NS, Castleknock In early Architectural Planning 1.1 Extension/Refurbishment , Domhnach M á ’ í s Central NS, Belmont In early Architectural Planning 2.1 Extension/Refurbishment isi ’ á ins thar Mhainistir Na á ó Ave, Donnybrook, Dublin 4 School, 49 Seville Place, North Wall, Dublin 1 Co Dublin Planning Raheny Rd, Dublin School, Aldborough Parade,North Strand, Dublin 1 Planning Patricks Close, Dublin 8Grange Road, Donaghmede. Planning B Gr Malahide, Dublin.Blanchardstown, Dublin 15 Planning Blanchardstown, Dublin 15 Major Projects in Architectural Planning (Dec 2009) 17977T,17978V 17936F Ide, Raheny Road, Clontarf, Dublin. Planning Planning County Roll No. School Current Status Band Rating Project Description Dublin (City)Dublin (City)Dublin (City)Dublin 17976R, (City)Dublin (City) 19006Q & Scoil Assaim, Scoil Aine, ScoilDublin 19373U (City) In advanced Eoin Architectural Baisde NS, Seafield 19727GDublin (City) St Michaels Hse 19819L Sp Sch, In advancedDublin Architectural (City) St Mary 2.4Dublin 20228S (City) St. In Laurence early O Architectural Planning Extension/Refurbishment Dublin 2.4 60660I (Fingal) St.LaurenceDublin O (Fingal) 1.2 70020B Extension/Refurbishment Dublin (Fingal) St 76085N Patricks Cathedral G.S, New St School Dublin (Fingal) Grange Community College, 00697S In advanced ArchitecturalDublin (Fingal) 17914S Gaelchol In early Architectural Planning 17961E St Brigid St. Oliver 18046A Plunkett 2.2 2.2 NS, Scoil N 18047C New Extension/Refurbishment School Scoil Bhride Boys In NS advanced Architectural Scoil Bhride Girls NS In early Architectural Planning 2.2 In early Architectural Planning 1.1 Extension/Refurbishment 1.1 Extension/Refurbishment Extension/Refurbishment

827 Questions— 20 January 2010. Written Answers continued — Planning Planning ona NS, Kenure, Commencing Architectural 1.1 Extension/refurbishment í s Junior and Senior Commencing Architectural 1.1 New 20-classroom Jnr and new s High School, In early Architectural Planning 2.4 Extension/Refurbishment s Senior NS, In early Architectural Planning 1.1 Extension/Refurbishment ’ ’ ’ Dublin Road, Sutton, Dublin 13 Brackenstown, Swords, Co Dublin Blanchardstown, Dublin 15 Rush, Co Dublin Planning School, Clonsilla Planning Swords, Co DublinApplewood, Swords, CoDublin Ballisk Common, Donabate, Planning PlanningCo. Dublin Planning College, CarpenterstownRoad, Castleknock, Dulbin 15 Planning School, Malahide Road, Dublin 3 unit Major Projects in Architectural Planning (Dec 2009) 19636D Schools, Corduff, Planning 16-classroom Snr school County Roll No. School Current Status Band Rating Project Description Dublin (Fingal)Dublin (Fingal)Dublin (Fingal) 18778SDublin (Fingal) 19535UDublin (Fingal) SN Naomh Mochta National 19545A &Dublin St (Fingal) Cronin Commencing ArchitecturalDublin (Fingal) St 19624T Patrick 19660ADublin (Fingal) 1.1 Scoil Caitr 20095CDublin Rush (Fingal) NS, Rush, Extension/Refurbishment 20145O Co DublinDublin Gaelscoil (Fingal) Bhrian Boroimhe, Commencing 20161M Architectural Swords Educate Together In NS, advancedDublin Architectural (Fingal) In advanced 20240I Architectural Donabate Educate Together, 1.1 60370WDublin (Fingal) In advanced Architectural 1.1 Hansfield NS Extension/refurbishment 76062B 1.1 St. Fintan New School New 1.1 school and Castleknock special 81002K Community needs New In School advanced Architectural In advanced Mount Architectural Temple Comprehensive In early Architectural Planning 1.1 1.1 2.4 New School Extension/Refurbishment Extension/Refurbishment

828 Questions— 20 January 2010. Written Answers continued — Planning Monkstown, Co. DublinBeech Park, Stillorgan, Co Dublin Planning Dublin 14Sandyford, Dublin 18 Co DublinMonkstown Park, DunLaoghaire, Co Dublin Planning Booterstown, Co Dublin Planning Planning Planning na GaillimheCo Galway Gaillimhe Spideal, Co na Gaillimhe Planning Ballinasloe, Co. GalwayRoad, Galway Planning Planning Major Projects in Architectural Planning (Dec 2009) 20028K Setanta Special School, 19468 Renmore, Galway County Roll No. School Current Status Band Rating Project Description Dun Laoghaire RathdownDun Laoghaire Rathdown 18451J 19355S &Dun Laoghaire Rathdown Scoil Lorcain, Eaton Square,Dun Laoghaire Ballyowen Rathdown Meadows and 19374W In advanced ArchitecturalDun Laoghaire Rathdown 20190T InDun early Laoghaire Architectural Garran Rathdown Planning Mhuire, Goatstown, 60092U Holy 2.2 In TrinityDun 60180R advanced National Laoghaire Architectural School, Rathdown 1.2 Clonkeen In College,Galway early Blackrock, Architectural Planning Extension/Refurbishment 60650F In New Christian advanced School Brothers ArchitecturalGalway College, 2.2 1.1Galway In advanced St Architectural Andrews College, NewGalway School New 1.4 School Galway 08512U Extension/Refurbishment 2.2 In advanced ArchitecturalGalway 12706JGalway Iomair New NS, School Killimor, 15071H Galway.Galway In SN advanced Sailearna, 2.4 16937C Architectural Indreabhan, Co SN Cillini In Dioma, 17668G advanced Loughrea, Architectural Extension/Refurbishment SN Fursa, In 19401W Fursa, early & Co Architectural na Planning 2.2 SN Na BhForbacha, 19506N An Scoil Caitriona 2.4 Jnr & 2.4 Snr, New School In 19795A early Architectural Planning In Cappatagle early Central Extension/Refurbishment Architectural School, Planning In New early School Architectural Planning Tirellan Heights 1.1 NS, In Headford advanced Architectural In 2.1 advanced Architectural 1.2 Extension/Refurbishment Extension/Refurbishment New School 2.4 1.1 Extension/Refurbishment Extension/Refurbishment

829 Questions— 20 January 2010. Written Answers continued — Planning Planning s Commencing Architectural 2.1 Major extension ’ — í í anainn, Cill In early Architectural Planning 2.3 Extension/Refurbishment s NS, Crookstown In early Architectural Planning 1.1 New School é ’ s College, In advanced Architectural 1.3 Extension/Refurbishment s Special Sch, In early Architectural Planning 1.1 New School ’ ’ s College In early Architectural Planning 1.1 New School , Co Chiarra ’ í draig Naofa, St John á iste Bhr á Lane, Athy, Co Kildare Phase 2 Loughrea, Galway Planning Celbridge, Co Kidare Cnoc Na Cathrach, Ballinasloe, Co Galway Co. GalwayMountbellew, Co GalwayGalway Planning Planning Traighl KerryGreen, Tralee, Co. Planning Kerry Planning Planning Rickardstown, Newbridge,Co Kildare Planning Airne, Co Chiarra Major Projects in Architectural Planning (Dec 2009) County Roll No. School Current Status Band Rating Project Description GalwayGalwayGalwayGalwayGalway 19994GGalway 20042EGalway Gaelscoil Mhic Amhlaigh, 20199OKerry Scoil an 62960H Chroi Naofa,Kerry In early Architectural 63070C Planning Oughterard NS, Oughterard,Kerry 63090I St In Joseph advanced Architectural 1.1 InKerry early St Architectural Raphael Planning 91412MKildare Holy Extension/Refurbishment Rosary College,Kildare 17646T 1.2 Scoil Phobail, 1.4 Clifden, Co 20197KKildare New School SN In UaimhKildare New advanced 61320M Bhreanainn, School In Architectural advanced Architectural Kenmare NS,Kildare Kenmare, 61440W Co. Col 09414C In advanced Architectural In advanced Architectural 16705E 2.2 C.B.S. 2.1 Secondary School, The St Laurence In 18018S advanced Extension/Refurbishment Architectural Scoil Extension/Refurbishment P 18988G 2.3 1.4 20271T Bunscoil Bhride Extension/Refurbishment NS Rathangan St New Raphael School 2.4 In early Architectural Planning Scoil na Naomh Uilig, Phase Extension/Refurbishment 2 2.1 Commencing Architectural Extension/Refurbishment 1.1 Major extension

830 Questions— 20 January 2010. Written Answers continued — s SS, Battery In early Architectural Planning 1.2 Extension/Refurbishment ’ s College, Corbally, In advanced Architectural 2.3 Extension/Refurbishment ’ de NS, Knockmay, In early Architectural Planning 1.1 New School í s NS, Tenure, In early Architectural Planning 2.1 Extension/Refurbishment s NS, In early Architectural Planning 1.4 Extension/Refurbishment ’ ’ Edgeworthstown, Co Longford Portlaoise LimerickRoad, Longford Planning Dunleer, Co. Louth Rd, Limerick Planning Granges Road, Kilkenny, CoKilkenny Planning Co LaoisCo. Laois Killeshin, Co.Laois Laois Planning Limerick Co Limerick Planning Ballymahon, Longford.Moyne, Co Longford Planning J F K Memorial School, Ennis In advanced Architectural 2.2 New School Major Projects in Architectural Planning (Dec 2009) County Roll No. School Current Status Band Rating Project Description KilkennyLaoisLaoisLaois 61580PLaoisLaois Loreto Secondary 14260F School,Limerick 17064ULimerick In advanced Architectural Abbeyleix Sth 17617M NS, Abbeyleix,Limerick Scoil In Padraig, advanced Ballylinan, 19747M Architectural Athy,Limerick In early Scoil Architectural Chomhgain Planning Naofa, 2.2 20071LLongford 17445J Scoil Bhr Longford Extension/Refurbishment 1.1 2.2 18991S In early Architectural Scoil Planning Bhride, Rathdowney, Co Scoil Lile 20193C Naofa, Kileely,Longford In New New advanced School School Architectural 2.1 64240GLongford In Scoil early Mocheallog, Architectural 19429V Kilmallock, PlanningLouth Extension/Refurbishment In St early Munchin 1.4 Architectural 20124G Planning 2.4 St Christopher Extension/Refurbishment 20128O 1.4 St Mary New School 91436D New St. School Matthews Mixed NS, 18635T Moyne Community School, In advanced Architectural In early Architectural St Planning Buite 2.3 1.4 Extension/Refurbishment Extension/Refurbishment

831 Questions— 20 January 2010. Written Answers continued — nta Ard Mhuire C, Commencing Architectural 1.1 New School ú s Secondary School, In advanced Architectural 2.2 Extension/Refurbishment s National School, Commencing Architectural 1.1 Extension/refurbishment ’ ’ alt na Mara Boys, Scoil In early Architectural Planningisi 1.1 Extension/refurbishment s Senior National Commencing Architectural 1.1 Extension/refurbishment é á ’ alt na Mara é Ballsgrove, Drogheda, CoLouth Planning Avenue Road, Dundalk, CoLouth Planning School, Rathmullen,Drogheda, Co Louth Planning Belmullet, Co Mayo Planning GirlsMornington Drogheda, Co Louth School, Rathmullen,Drogheda, Co Louth Planning Dundalk, Co LouthArdee, Co Louth Ballina, Co. Mayo Planning Mayo Planning Louisburgh, Co MayoSchool, Knock Road, Ballyhaunis, Co Mayo Planning Bacuin, Enfield, Co Planning Meath Planning Major Projects in Architectural Planning (Dec 2009) 18767N R County Roll No. School Current Status Band Rating Project Description LouthLouthLouth 18762D,LouthLouth Scoil R 19215CLouth 19479N Scoil N Louth 19673JMayo Rathmullen Junior NationalMayo 19678T Commencing Architectural St Joseph Mayo 63920A StMayo Paul 91441T 1.1Mayo Dundalk Grammar School, 13667H Extension/refurbishment ArdeeMeath Community School, 20142I In advanced Architectural St. Josephs NS, 64570E Bonniconlon, In early Architectural Planning In Scoil advanced 64660F Iosa, Architectural Ballyhaunis, Co 2.1 Our Lady 91461C 2.3 In advanced Architectural Sancta Maria Extension/Refurbishment College, 02905J 2.2 New School Ballyhaunis Community New School In 1.4 advanced SN Architectural Naomh Padraig, In Baile early Architectural Planning Extension/Refurbishment In advanced Architectural 2.4 2.4 Extension/Refurbishment Extension/Refurbishment 2.1 Extension/Refurbishment

832 Questions— 20 January 2010. Written Answers continued — Planning s NS, Abbeylands,s National School, In early Architectural Planning Commencing Architectural 1.1 Extension/Refurbishment 1.1 New School ’ ’ Navan, Co Meath Tankardstown, Ratoath, CoMeath Planning Meath Ceannanus Mor, Co Meath Planning Dunshaughlin, Co Meath Trim, Co Meath Monaghan, Co MonaghanMonaghan, Co Monaghan Planning Road, Castleblayney, Co Monaghan Atha Na Gcarr, TullamoreOffaly Planning Frederick St., Clara, Co Offaly Sligo Planning Planning Major Projects in Architectural Planning (Dec 2009) County Roll No. School Current Status Band Rating Project Description MeathMeathMeathMeathMeath 16100QMeath 17213L Mercy ConventMonaghan NS, 19671F Navan, Co In early SNMonaghan Architectural Mhuire, 20215J Planning Ma Nealta, StMonaghan Paul 71960I 1.1 In St advanced Paul ArchitecturalOffaly 91508C 07751K Extension/Refurbishment Offaly Community College, 64820B BoyneOffaly Community College, 2.2 Monaghan Model School, 72190N In St early Louis In ArchitecturalSligo Secondary early Planning School, Architectural New Planning School In advanced Architectural Castleblaney College,Sligo Dublin 17637S In early Architectural Planning 1.2 In 2.1 early Architectural Planning 18267Q 2.1 S New N 2.4 72530L special Sheosaimh Extension/Refurbishment needs Naofa, unit Beal 2.5 Croinchoill NS, Birr, Co. Extension/Refurbishment In Extension/Refurbishment advanced Architectural 19495L Ard Scoil Extension/Refurbishment Chiarain Naofa, In 65170Q advanced Architectural In Carbury early NS, Architectural The Planning Mall, Sligo 2.2 Summerhill College, Sligo, Co In advanced Architectural 2.4 2.6 New In School advanced Architectural Extension/Refurbishment Extension/Refurbishment 2.2 2.2 New School New School

833 Questions— 20 January 2010. Written Answers continued — Tipperary Ballingarry, Thurles, Co.Tipperary Templemore, Co. Tipperary Planning Thurles, Co. TipperaryCollege, Borrisokane, CoTipperary Planning Tipperaray Planning Dromin Road, Nenagh, CoTipperary Kilmacthomas, Planning Co.Waterford Waterford Planning Westmeath Westmeath Westmeath Planning Glasson, Athlone, Co. Westmeath Planning Major Projects in Architectural Planning (Dec 2009) County Roll No. School Current Status Band Rating Project Description TipperaryTipperaryTipperaryTipperary 17779PTipperary 65240L PowerstownTipperary NS, Clonmel, Co 65440T Presentation InTipperary Secondary early School, Architectural Planning In 65470F advanced Architectural OurWaterford Ladys 72370P Secondary School, 2.4 Ursuline InWaterford Secondary early School, Architectural Planning 72430H 2.4 Extension/Refurbishment BorrisokaneWestmeath Community In advanced Architectural 72440K 2.4Westmeath Extension/Refurbishment Scoil Ruaine, Killenaule, In Co. advanced Architectural 20170NWestmeath Extension/Refurbishment Nenagh Vocational In School, advanced Architectural 2.4 64970UWestmeath Scoil In 17025K Choill advanced Mhic Architectural Thomaisin, 2.1 Extension/Refurbishment Presentation Secondary 17903N In School, early Architectural 4.1 Planning In advanced Architectural SN Extension/Refurbishment na nDun, 17932U Mullingar, Co 2.1 PE Cornamaddy Hall NS, 1.4 Athlone, 18505G Co. In early Architectural In Planning Odhran early Naofa, Architectural Extension/Refurbishment Sonna, Planning Co. 2.1 Extension/Refurbishment Naomh Clar, Tobberclair, 2.1 In advanced 1.1 Architectural New School In early Architectural New Planning School New School 2.1 2.1 Extension/Refurbishment Extension/Refurbishment

834 Questions— 20 January 2010. Written Answers continued — Planning n, Commencing Architectural 1.1 New School á s College, In advanced Architectural 2.1 New School nta an Cus ’ ú s NS, Kinnegad, Co. In advanced Architectural 1.1 Extension/Refurbishment s Special School, Commencing Architectural 1.2 New school ’ ’ isi á iste Abbain, Adamstown, In early Architectural Planning 2.1 Extension/Refurbishment á Westmeath Planning Woodbrook, Bray, CoWicklow Planning Enniscorthy, Co Wexford Planning WexfordFiodh Ard Enniscorthy Planning Spawell Road, Wexford, CoWexford Planning Enniscorthy, Co Wexford Enniskerry, Co WicklowCo. Wicklow Planning Co. Wicklow. Planning Planning Athlone, Co Westmeath Planning Major Projects in Architectural Planning (Dec 2009) County Roll No. School Current Status Band Rating Project Description WestmeathWestmeathWestmeathWexfordWexford 18864LWexford 19848S ScoilWexford N 63290QWexford St. Etchin Wexford 08221J Loreto College, Mullingar 17017LWexford 17450C In St. advanced Senans Architectural NS, Enniscorthy SNWexford Phadraig, 17913Q Crossabeg, Co 19240B In SWicklow early N Architectural Mhaodhoig, In Planning Poll advanced Fothair, Architectural 20003R SNWicklow Mhuire 1.1 In Baile early Bearna Architectural Planning St Patrick 63660A 1.2Wicklow Extension/Refurbishment St Aidans Parish In 2.4 School, early ArchitecturalWicklow 2.1 Planning 71600B Special Needs Unit Loreto Secondary School, 09760V Extension/Refurbishment InWicklow Extension/Refurbishment early Architectural 2.1 Planning Col In advanced 19522L Architectural Powerscourt NS, Extension/Refurbishment Powerscourt, 20016D 1.2 In advanced St. Architectural Catherines 61790D SS, Newcastle, 2.4 Extension/Refurbishment Gaelscoil Ui In Cheadaigh. advanced Bray, Architectural 70740M In St advanced Brendan Extension/Refurbishment Architectural 2.2 Arklow Community College 1.2 New School 2.1 In early Architectural Planning New School Extension/Refurbishment 2.4 Extension/Refurbishment

835 Questions— 20 January 2010. Written Answers

Summer Works Scheme. 315. Deputy Michael McGrath asked the Minister for Education and Science if he will sup- port an application under the summer works scheme by a primary school (details supplied) in County Cork. [2266/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that an appli- cation under the Summer Works Scheme 2010 has been received from the School to which the Deputy refers. Following an assessment process, projects will be selected for funding from all valid and approved applications on a top down basis in accordance with the prioritisation criteria published with the Scheme. The timetable for the Summer Works Scheme 2010 has been published as part of the govern- ing Circular Letter for the Scheme. This Circular Letter (0057/2009) is available on the Depart- ment’s website www.education.ie. In accordance with the timetable, it is my intention to publish a list of successful SWS appli- cants in the Spring.

Higher Education Grants. 316. Deputy Tom Hayes asked the Minister for Education and Science the number of students in 1996, 2007 and 2008 who were on vocational training opportunity schemes and qualified for higher education grants; the rationale for disallowing these students from applying for higher education grants; and if he will make a statement on the matter. [2267/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The total numbers of students in receipt of Vocational Training Opportunities Scheme (VTOS) allowances for 1996, 2007 and 2008 is attached. It is not possible to indicate how many of these were grant-holders, although only “dispersed” VTOS students are eligible to apply for a maintenance grant — the majority “core” VTOS students are not. Students currently in receipt of the BTEA or VTOS allowances and the maintenance grant will continue to be eligible for both payments for the duration of their current course provided they continue to meet the terms and conditions of the schemes. With effect from the academic year 2010/11, students entering or progressing to a new course will no longer be eligible to hold both BTEA orVTOS allowances together with a student maintenance grant. These students may continue to apply to be assessed to have the cost of the student service charge and any tuition fees paid on their behalf. It was decided to discontinue the practice of allowing students to hold both the BTEA or VTOS allowance and a student maintenance grant simultaneously as this represents a dupli- cation of income support payments.

VTOS 1st January Participation Stats

2008 2007 1996

Total 5,403 5,377 4,382 Dispersed* 1,657 1,671 1,353 *Only “dispersed” VTOS students are eligible to apply for a maintenance grant — the majority “core” VTOS students are not.

317. Deputy Tom Hayes asked the Minister for Education and Science the rationale for stopping persons on back to education allowance from applying for higher education grants; 836 Questions— 20 January 2010. Written Answers the number of persons on back to education allowance that also had higher grant in 2006, 2007, 2008 and 2009; and if he will make a statement on the matter. [2268/10]

Minister for Education and Science (Deputy Batt O’Keeffe): It was decided to discontinue the practice of allowing students to hold both the Back to Education Allowance and a student maintenance grant simultaneously as this represents a duplication of income support payments. The Deputy will appreciate that many categories of applicants apply for funding under the maintenance grant schemes. My Department does not collate information specifically on students in receipt of the Back to Education Allowance scheme only. Students currently in receipt of the Back to Education Allowance and the maintenance grant will continue to be eligible for both payments for the duration of their current course provided they continue to meet the terms and conditions of the schemes. With effect from the academic year 2010-11, students entering or progressing to a new course will no longer be eligible to hold the Back to Education Allowance together with a student maintenance grant. These students may continue to apply to be assessed to have the cost of the student service charge and any tuition fees paid on their behalf. The Back to Education Allowance is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the workforce. Eligibility for the Back to Education Allowance and associated payments is determined and administered by the Department of Social and Family Affairs and is primarily a matter for my colleague, the Minister for Social and Family Affairs.

318. Deputy Tom Hayes asked the Minister for Education and Science the systems and policy that is being set in place to ensure that attendance in third level education is maintained despite the possibility of college fees being imposed on students and the decrease in the higher edu- cation grant; and if he will make a statement on the matter. [2269/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Higher Education Auth- ority has provisionally indicated a 6% increase in new entrants to third level education between the academic year 2008-2009 and 2009-2010. Information from the Central Applications Office also confirms that attendance in third level education is being maintained and has, in fact, increased. In 2008, the number of applications was 68,809 while the number in 2009 was 74,621. In addition there was a 7.7% increase from 17/1/2009 to 17/1/2010. In relation to the introduction of a form of third-level student contribution, my officials prepared a technical report, at my request, on this issue. I have referred the technical report to the strategy group which is working on a national strategy for higher education. This report will input to the strategy group’s broader deliberations on how any additional resource require- ments for delivering on a new vision and related set of policy objectives for the sector can be met over the timeframe of the new strategy. In relation to student grants, students who qualify for maintenance grants will continue to receive substantial grant funding, together with full support for payment of the student service charge. Those on particularly low incomes will also continue to receive a “top-up” in the special rate of maintenance grant. In addition, some €5 million will continue to be made available through the access offices of third-level institutions to assist students in exceptional financial need. The access offices themselves will also continue to provide support and advice to students to enable them to continue with their studies.

837 Questions— 20 January 2010. Written Answers

School Staffing. 319. Deputy Michael Ring asked the Minister for Education and Science the position regard- ing special needs assistants for a school (details supplied) in County Mayo; the number of SNAs that are in the school at this present time; and if the school be able to retain them for the year. [2274/10]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. The school in question currently has the services of two full time SNAs. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie. I have arranged for the details supplied to be forwarded to the NCSE for its attention and direct reply in relation to the specific information sought by the Deputy.

Departmental Agencies. 320. Deputy Noel Ahern asked the Minister for Education and Science if he intends to continue the practice of nominating a student to the Grangegorman Development Agency, Dublin; and when this appointment will be made. [2351/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Grangegorman Develop- ment Agency Act 2005 provides for a total membership of 15 in the agency including the chairperson and chief executive officer. I appointed the new board of the agency in late 2009. There is no specific provision for a student or staff representative from the Dublin Institute of Technology on the agency. The legislation does provide that two ordinary members of the agency will be nominated by the President of the Dublin Institute of Technology and it is a matter for the president to determine who to nominate having regard to the functions of the agency as set out in the Act. The legislation recognises the student body of the Dublin Institute of Technology specifically among the stakeholders that should be represented on the consultative group provided for in section 22 of the Act. Up to two members of the consultative group can come from the student body.

Higher Education Grants. 321. Deputy Joe Costello asked the Minister for Education and Science the reason for the increase in fees and cuts in support for PhD students in third level institutions; the way he proposes to increase the number of highly skilled graduates and researchers while this policy continues; if his attention has been drawn to the report of the Advisory Science Council, The Role of PhDs in the Smart Economy, December 2009; and if he will make a statement on the matter. [2363/10]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy may be aware the position is that in the context of budgetary discussions regarding overall funding and pro- posals for fee changes at a sectoral level, third level institutions are autonomous bodies and may determine the level of fees to be charged in cases where the free fees schemes do not apply. As such, post-graduate level fees are set by individual higher education institutions. The Deputy may also appreciate that the need for budgetary adjustment has made it necessary to

838 Questions— 20 January 2010. Written Answers reduce the level of student maintenance grants for all qualifying students, including postgradu- ate students. The funding (including capital) being made available by my Department in 2009 for research and development activities amounts to some €130 million. In the current difficult budgetary and economic climate, this funding is a clear demonstration of the Government’s commitment to investing in the continued development of Ireland’s research capacity. The development and support of early stage researchers is one of the key priorities for this funding. Supports for PhD students are provided under the Programme for Research in Third Level Institutions (PRTLI) and the award schemes of the Irish Research Council for Humanities and Social Sciences and the Irish Research Council for Science, Engineering and Technology. I understand from the Higher Education Authority (HEA), who are in consultation with the research councils, that the funding being provided this year will enable a continuation of their various scholarship and fellowship programmes, although there may be some decrease in the number of awards made in 2010 as against previous years. One of the key objectives of research investment is the supply of PhD qualified researchers with skills closely aligned to enterprise needs. Higher education institutions, supported by the HEA, are moving from the traditional “apprentice” model of PhD education to a structured four-year programme model. While the PhD thesis will remain the primary focus, students will in addition to acquiring a broad knowledge of their discipline area also receive generic and transferable skills training in areas such as project management and intellectual property. The Advisory Science Council report, referred to by the Deputy and published in December, high- lights Ireland’s need to maintain a competitive output of PhDs in relevant disciplines and endorses the structured programme model being adopted by the higher education institutions and the HEA.

Schools Refurbishment. 322. Deputy Ulick Burke asked the Minister for Education and Science the number of schools in County Galway who benefited under the summer works scheme in 2008 and 2009; the number of offers for which there was no uptake; the amount of grants offered in each case; the projected potential grant for 2010; and if he will make a statement on the matter. [2379/10

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy may be aware, the summer works scheme was deferred in 2008. Under the summer works scheme 2009, 52 schools in County Galway were allocated funding, 34 were primary and 18 were post primary schools. There were no Galway schools that declined the offer of SWS funding in 2009. A list of successful projects in Galway follows. The list contains the final grant amount where the projects have been completed. Final grant amounts for the other projects will be known when they are completed. The closing date for applications for the summer works scheme 2010 was 27 November 2009. Following an assessment process, projects will be selected for funding from all valid and approved applications on a top down basis in accordance with the prioritisation criteria pub- lished with the scheme. The timetable for the summer works scheme 2010 has been published as part of the governing circular letter for the scheme. This circular letter (0057/2009) is available on the Department’s website www.education.ie. In accordance with the timetable, it is my intention to publish a list of successful SWS appli- cants in the spring.

839 Questions— 20 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

County Roll School Project Grant Amount No. €

Galway 01013N Scoil Croi Iosa Handrails 23,050.00 Galway 08958O S N An Eanaigh Cailini Fire Alarm 3,671.70 Galway 09833W S N Leitirgeis Roof repair 8,987.00 Galway 11373D S N Mhuire Structural Improvements 37,211.33 Galway 11675T Annagh Boy’s NS Fire safety works 4,157.00 Galway 12138V S N Ceathru Na Laithigh Repairs to Cracks 35,124.50 Galway 13365O Scoil Mhuire Upgrade Electrical 29,506.77 Galway 13856K Bushy Park N S Other Structural 24,452.08 Galway 13927H Inishbofin N S Roof repair 13,965.00 Galway 14377D S N Cill Conaill Replacement of Windows 28,500.00 Galway 14394D S N Cill Fheicin Other External Environment 37,408.15 Galway 14420B S N Naomh Padraig Other Structural 19,864.50 Galway 15071H S N Cillini Dioma Upgrade to Toilets 10,212.50 Galway 16091S Gort Inse GuaireBNS CarParking 84,781.10 Galway 16596C St Feichins N School Replacement of Roof 27,360.00 Galway 17071R S N Baile A Mhoinin Paint Outside 32,000.00 Galway 17221K Sn Colmcille Upgrade Electrical 95,000.00 Galway 17490O S N Lorcain Naofa Replacement of Roof & 90,012.50 Windows Galway 17502S S N Naomh Thomais Replacement of Roof 10,996.25 Galway 17547R S N Breandan Naofa Windows replacement 38,000.00 Galway 17668G S N Na Bhforbacha Windows replacement 47,917.25 Galway 17919F Aibhistin Naofa Windows replacement 3,325.00 Galway 18021H Sn An Croi Ro Naofa CCTV Ramps & Play Area 58,021.25 Galway 18514H S N Choilm Chille Sewerage Works 105,913.88 Galway 18929N Scoil Naomh Einde PE Hall Repairs 177,007.00 Galway 19225F Scoil Michil Naofa Upgrade to Toilets 94,725.93 Galway 19290Q Ballyconeely N S Boiler Replacement & Toilet 104,234.00 facilities Galway 19357W Sn Tir Na Cille Sn Repairs of Roof 14,558.75 Galway 19388K Clonberne Central Sch Toilets & External Environment 71,250.00 Galway 19744G Nioclas Naofa Windows replacement 34,557.20 Galway 62870G Presentation College Fencing 31,350.00 Galway 62900M Coláiste Mhuire Windows replacement 27,740.00 Galway 62930V St Cuan’s College Electrical Works 54,990.75 Galway 62960H Patrician College Windows replacement 163,000.00 Galway 62981P Coláiste Einde Dust Extraction 29,059.50 Galway 63040Q Presentation College Windows replacement 35,473.00 Galway 63101K St Pauls Other External Environment 43,983.17 Galway 63171I Mercy College Conversion Works 95,000.00 Galway 71290M St. Jarlath’s Vocational School Toilets 33,250.00 Galway 71380N Gairmscoil Na Bpiarsach Refurbishment of Home 95,000.00 Economics Room Galway 71390Q Archbishop Mchale College Structural Improvements 76,000.00 Galway 71400Q Galway Community College Doors & Toilet Upgrade 150,100.00

840 Questions— 20 January 2010. Written Answers

Projects not complete

County Roll School Project Grant Amount No.

Galway 14273O S N Padraig Naofa Lisin Na Upgrade Mechanical Not available Heilte Galway 14724V Scoil Ronain Toilet Facilities Not available Galway 14724V Scoil Ronain Windows replacement Not available Galway 19380R Kilkerrin Central Sch Structural Improvements Not available Galway 19380R Kilkerrin Central Sch Replacement of Roof Not available Galway 17870B Scoil Bhreandain Naofa Fire Alarm Not available Galway 63010H Meán Scoil Mhuire Upgrade to Toilets Not available Galway 81012N Scoil Chuimsitheach Chiaráin Upgrade to Toilets Not available Galway 91411K Scoil Phobail Mhic Dara Upgrade to Toilets Not available Galway 91414Q Dunmore Community School Upgrade Existing Gas System Not available Galway 91498C Gort Community School Upgrade Electrical Not available Galway 91413O Portumna Community School Upgrade Existing Gas System Not available

School Textbooks. 323. Deputy Ulick Burke asked the Minister for Education and Science if he will regulate the use of recommended basic text books at second level in order that the current costs of providing text books for all subjects in order to reduce the pressure from publishing companies on teachers and pupils and parents on costly changes in text books while there is little change in curriculum content from year to year; if he will financially support a school based book rental scheme; and if he will make a statement on the matter. [2380/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Apart from a small number of prescribed texts at second-level, mainly in the case of language subjects, decisions on which textbooks to use in first and second-level schools are taken at school level, and I have no plans to regulate this area. Syllabus planners are conscious of the need to avoid over-frequent changes to textbooks, primarily in order to minimise increases in the cost burden for parents. However, textbooks have to be changed periodically to enable teachers to keep their students’ work educationally stimulating and to ensure that content and methodology are kept up to date. School authorities have been advised that books should be changed only to the extent that is absolutely necessary. The Deputy will be aware that the renewed programme for Government provides for funding to be made available to allow schools to provide grant assistance for books. I am pleased to inform the Deputy that €14.65 million for grant assistance for books is being made available in 2010 for schools at primary and second level. This is an increase of €7.65 million over the €7 million which was allocated for books to DEIS schools in 2009. I will be urging all schools to use this additional funding to put in place book rental schemes, as this is the most effective means of reducing costs for all parents. My officials will be consulting with the management bodies to consider the details of how these funds will be channelled to schools having regard to the desirability of streamlining grant payments. Schools will be advised of the arrangements following this process. 841 Questions— 20 January 2010. Written Answers

School Transport. 324. Deputy Ulick Burke asked the Minister for Education and Science if he will reconsider his demand for a once off payment of school bus transport and revert to the per term payment in view of the current economic climate and the hardship caused by the demand for full annual fee; and if he will make a statement on the matter. [2381/10]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): I should remind the Deputy that parents have the option of spreading the annual payment over two instalments payable in July and December. The introduction of the annual charge which replaced the term payment system enabled Bus Éireann to streamline the payments system and the allocation of tickets. It also ensures that route planning and seating arrangements are managed in a more efficient and cost effective manner. Furthermore, those who pay the full annual charge, in advance, will benefit from a ticket being issued for the school year and this includes pupils on concessionary travel. The increase in school transport charges is confined to eligible post-primary pupils and pupils availing of concessionary transport. Charges continue to be waived in the case of eligible post- primary children where the family is in possession of a valid medical card. In addition, eligible children attending primary schools and children with special needs will still travel free. A maximum family rate of €650 also applies. It is not envisaged that there will be a change in the payment arrangements as outlined above.

Departmental Expenditure. 325. Deputy Ulick Burke asked the Minister for Education and Science the average or stan- dard cost per square meter area for the rent of prefab class rooms paid by his Department for each of the years 2007, 2008 and 2009; if there has been a reduction in these costs; and if he will make a statement on the matter. [2392/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The average annual rental cost for a standard 80m2 temporary primary school classroom unit for 2007-08 school year was €15,428. The average cost for the same unit in 2008-09 was €15,125, a reduction of almost 2% . The cost per unit varies significantly depending on the location, size, type and age of each unit. Another factor which needs to be considered is that in 2907-08 the VAT rate for rental of temporary accommodation was 21%. In 2008-09 this rate rose to 21.5%. Therefore, a portion of the savings in rental costs was offset by this VAT increase. The amount spent on the rental of temporary accommodation in 2008 was almost €53 million. In 2009, expenditure on the rental of temporary accommodation fell significantly to €39 million, a saving of €14 million over 2008. One change in policy that has been implemented is to grant aid the purchase (rather than rental) of temporary accommodation where the need for such accommodation is likely to exist for more than three years. Furthermore, since July 2008, it is my policy to offer schools being approved for grant aid for temporary accommodation the option to use their capital grant aid to build a permanent classroom(s) rather than purchase a prefab. These policies will reduce the usage of temporary accommodation and, particularly, the incid- ence of long term rental of prefabs and have contributed to the saving of €14 million on annual expenditure on rental of temporary accommodation in 2009 as compared to 2008.

842 Questions— 20 January 2010. Written Answers

In addition, my Department has engaged a specialist firm to develop new procedures and systems for the provision of temporary accommodation with a view to achieving best value for money. Work is well under way and the firm of specialists is working closely with officials in the Planning and Building Unit of my Department. The review incorporates the development of standard specifications for temporary accommodation, the development of new contractual terms to incorporate buy-out and relocation options to cater for individual local circumstances and appropriately protect the interests of the Department and school authorities. My Depart- ment has received a draft of a new contract for the provision of temporary accommodation which is currently under consideration. The work on the development of standard specifications is also well advanced. Another strand of the review is negotiations with prefab suppliers to buy out existing rental contracts or reductions in annual rent, as appropriate. An initial group of 46 schools with rented prefabricated accommodation has been identified for priority negotiations with suppliers to buy out existing rental contracts. A number of these prefabs have now been bought-out and negotiations are ongoing with a view to ending rental contracts for as many schools as possible in 2010. In the meantime, schools proposing to rent temporary accommodation must seek competitive quotes from suppliers which should allow them to take advantage of competitive market prices.

Grant Payments. 326. Deputy Denis Naughten asked the Minister for Education and Science the progress to date of discussions with the representatives of the boards of management of Protestant schools; and if he will make a statement on the matter. [2433/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I have repeatedly stated my, and the Government’s, commitment to supporting Protestant education while at the same time ensuring that funding arrangements for schools under Protestant management are in accord- ance with the provisions of the Constitution. Indeed, it is in order to deal with the concerns expressed by some members of the Protestant community of the effect of changes to certain funding arrangements on Protestant second-level schools that I have sought to ensure the direct engagement with those involved in Protestant education in identifying and resolving issues collaboratively. I have had meetings with a number of groups on this issue. On 21 October, I met with the Committee on Management for Protestant Schools. I extended an invitation to that committee to join a working group with my officials to identify particular measures to support the schools and consider options that might deal with their needs. Regrettably, the committee declined my invitation. While that is the case, discussions have taken place between senior Department officials and representatives of the Church of Ireland Bishops. Discussions were held as recent as 13 January, and it is planned that those discussions will continue for the purpose of identi- fying a range of measures to address the needs of the schools. I earnestly believe that it is through engagement between representatives from the Protestant education sector and my officials that solutions tailored to meet the concerns can be identified.

School Services Staff. 327. Deputy Emmet Stagg asked the Minister for Education and Science further to Parliamentary Question No. 96 of 17 September 2009, if the exemption has been extended

843 Questions— 20 January 2010. Written Answers

[Deputy Emmet Stagg.] beyond 31 December 2009 to allow the vocational education committee to employ a caretaker at a school (details supplied) in County Kildare. [2586/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that my Department has obtained the sanction of the Minister for Finance for an exemption from the staffing moratorium in respect of the caretaker post to which he refers. Accordingly, my Department has given the chief executive officer of Co. Kildare VEC approval to fill the post from 1 January 2010.

Schools Building Projects. 328. Deputy Emmet Stagg asked the Minister for Education and Science if tenders have been invited for the construction of the new national school in Ardclough County Kildare. [2588/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers was included in my announcement last year of 43 projects to proceed to tender and construction and is currently at an advanced stage of architectural planning. My Department received the stage 2b submission for this project from the design team in late November. An official from my Department met with a representative of the design team in mid-December following which further information was received. This is currently being considered by my Department. On completion of the review of the Stage 2b submission, my Department will revert to the school regarding next steps in the progression of the project towards tender and construction.

School Accommodation. 329. Deputy Emmet Stagg asked the Minister for Education and Science further to Parliamentary Question No. 271 of 15 October 2009, his views on the proposals from the board of management to allow the school to develop as a two stream school on a phased basis. [2589/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I met with representatives of the school authority late last year to discuss the proposal to which the Deputy refers. Further details on the proposal were subsequently submitted to my Department and these are now under consideration. My Department will be in contact with the school authority when a decision has been reached in this matter.

Site Acquisitions. 330. Deputy Emmet Stagg asked the Minister for Education and Science if the purchase of the site for a new school (details supplied) in County Kildare has been completed; and if a design team has been appointed for the project. [2590/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I wish to advise the Deputy that the sale has closed on the above mentioned site. The further progression of the proposed project will be considered in the context of the capital budget available to the Department for school buildings generally.

Schools Building Projects. 331. Deputy Emmet Stagg asked the Minister for Education and Science if a new contract

844 Questions— 20 January 2010. Written Answers has been signed for the completion of the new school (details supplied) in County Kildare; and the details of same including timeframe for completion and so on. [2591/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently out to tender. It is anticipated that the project will be back on site before Easter.

332. Deputy Emmet Stagg asked the Minister for Education and Science in view of the review by his forward planning section, his views on the fact that a new national school is required in the town of Naas, County Kildare for September 2010; and if so, the progress or work that is under way to achieve this aim. [2594/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Forward Planning Section of my Department has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post-primary levels over the coming years. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social and Family Affairs in addition to recent schools’ enrolment data. The study indicates that the requirement for additional primary provision in years 2010, 2011 and 2012 is likely to be greatest in more than 40 selected locations across the country based on significant changes to the demographics of those areas. Following from this detailed analysis it appears prudent to plan for the establishment of new schools to commence operation in September 2010 to meet increasing demand in nine identified areas. Naas has been identified as one of these areas. This information has been circulated to all existing school patrons who have been invited to bring forward proposals for the expansion of existing schools or indeed to put themselves forward as Patron for any new primary school, should it be required. The requirement for the establishment of new schools will of course be lessened where it is possible to expand and extend existing schools in those areas. The progression of all large scale building projects will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme.

333. Deputy Bernard J. Durkan asked the Minister for Education and Science the time elapsed to date since application for permanent classroom facilities was deemed required at a school (details supplied) in County Kildare; the number of school places currently required there; the schedule for meeting these requirements in terms of permanent structures and facili- ties; the number of schools here at which the requirements have been met in the period referred to; the number of school places accommodated in course thereof; and if he will make a state- ment on the matter. [2615/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the board of management was recently authorised to proceed to tender. When the tender process is complete and assuming there are no issues arising, the project will progress to construction. With regard to the ancillary information requested by the Deputy I can confirm that the brief for the project is for a new 16 classroom school, a permanent site was acquired by the school authorities in 2005 and the project commenced architectural planning in 2006.

845 Questions— 20 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

The statistics (for large scale projects) on “the number of schools in the country where the requirements of which have been met in the period referred to” are as follows:

• 2009 — 33 completions;

• 2008 — 95 completions;

• 2007 — 60 completions;

• 2006 — 60 completions;

• 2005 — 110 completions.

846