Vol. 645 Thursday, No. 2 31 January 2008

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 31 January 2008.

Order of Business ……………………………… 689 Private Members’ Business: Tribunals of Inquiry: Motion (resumed) ……………………… 696 Barron Reports: Statements (resumed) ……………………… 725 Ceisteanna — Questions Minister for Health and Children Priority Questions …………………………… 756 Other Questions …………………………… 767 Adjournment Debate Matters …………………………… 778 Adjournment Debate Services for People with Disabilities ……………………… 778 Health Services ……………………………… 781 Grant Payments ……………………………… 783 Schools Building Projects …………………………… 784 Questions: Written Answers …………………………… 787 DA´ IL E´ IREANN

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De´ardaoin, 31 Eana´ir 2008. Thursday, 31 January 2008.

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

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Paidir. Prayer.

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Order of Business. The Ta´naiste: It is proposed to take No. 11, statements on the reports of the Joint Committee on Justice, Equality, Defence and Women’s Rights relating to violent incidents arising from the conflict in Northern Ireland, Barron reports, resumed. Private Members’ business shall be No. 25, motion re confidence in the Mahon tribunal, resumed, to be taken immediately after the Order of Business and to conclude after 90 minutes.

An Ceann Comhairle: There are no proposals to be put to the House. I call on Deputy Bruton.

Deputy Richard Bruton: The House will have seen the tragic case of the O´ Cuanacha´in family who now face a legal bill of \5 million following their attempt to pursue the rights of their child through the courts. Eight years on after the idea of a Bill to provide education provision based on the needs of an individual was introduced in the Da´il, we still do not have an appeals mechanisms through which parents who feel their needs are not met by the Depart- ment can appeal without going to the courts. How can a Government stand over a situation where no appeals mechanism is in place which can be utilised by families? Yesterday, the outgoing Taoiseach indicated that a Bill being introduced to the House should have two weeks before it is debated on Second Stage. The would-be incoming Taoiseach is telling us that we will have two working days before the Finance Bill is to be considered by the House. Is that an indication that the Bill is so light that we do not need to give it serious consideration?

Deputy Johnny Brady: What about the outgoing Leader of the Opposition?

Deputy Richard Bruton: Has the Ta´naiste and Minister for Finance decided to foreshorten any proper debate on tax options? Confusion has been created as to whether the provision of a tax clearance certificate is the same as an application for one. Will the Ta´naiste clarify, or make provision in the Finance Bill in order that it is clarified, that individuals who apply for a tax clearance certificate have not fulfilled their requirements and no person can simply on application for a tax clearance certifi- cate present himself or herself as being tax compliant?

An Ceann Comhairle: The Ta´naiste on the Finance Bill. The other matters are out of order. 689 Order of 31 January 2008. Business

Deputy Paul Connaughton: Of course they would have to be out of order.

Deputy Richard Bruton: On secondary legislation we are entitled to know whether section 36 of the Education for Persons with Special Educational Needs Act 2004 has an appeals mechanisms in place. Surely that is an issue of secondary legislation that we are entitled to know about.

Deputies: Hear, hear.

An Ceann Comhairle: No, unfortunately the issue is whether it is promised legislation. In this instance I am not aware of legislation being promised——

Deputy Richard Bruton: The tradition has been that secondary legislation has been raised on the Order of Business——

An Ceann Comhairle: Yes.

Deputy Richard Bruton: ——and we have received replies on it. If the Minister is unable to reply, the tradition has been that one would be provided later under separate cover.

An Ceann Comhairle: The Deputy is correct when legislation is promised. The Ta´naiste on the Finance Bill.

Deputy Richard Bruton: It has been promised.

An Ceann Comhairle: I have called the Ta´naiste.

Deputy Richard Bruton: On a point of order, I have raised an issue promised by the Govern- ment that is not in place. Tradition and precedent suggest I am entitled to an answer on the matter. The Ceann Comhairle is seeking to disallow my right to get an answer.

An Ceann Comhairle: We will let the Ta´naiste answer it as promised. I am not aware of it.

Deputy Richard Bruton: Thanks very much.

The Ta´naiste: The specific matter relating to education policy would be best dealt with in terms of accuracy and informed comment by a parliamentary question being tabled to the line Minister. A comprehensive reply on the up-to-date position——

Deputy Richard Bruton: The answer is there is no provision for appeals.

The Ta´naiste: Does Deputy Bruton wish to answer the questions as well as ask them this morning?

Deputy Paul Connaughton: Will the Ta´naiste at least answer him first anyway?

Deputy Michael Ring: He is getting like the Taoiseach.

The Ta´naiste: The O´ Cuanacha´in case, which has been deliberated on by the courts, will be studied by the Minister for Education and Science and the Government. The efforts made to assist families with autistic children and to provide them with a mainstream education is a policy area upon which there have been many developments and many resources applied. One has great sympathy in such a situation, particularly for the parents of this family with the recent outcome in the courts. However, we must respect the outcome of the courts which have interpreted the law in this area. A parliamentary question to the Minister would provide—— 690 Order of 31 January 2008. Business

Deputy Richard Bruton: No appeals mechanism is in place and the family in question is faced with a \5 million legal bill because it had to go the courts.

Deputy Paul Kehoe: The Ta´naiste is happy to see them sell their house.

The Ta´naiste: There have been many developments in the area of the rights of people with disabilities such as the Disability Act. Important measures and many resources have been applied such as resource teachers and special needs assistants.

Deputy Richard Bruton: I am not raising the whole gamut of policy.

The Ta´naiste: The point I am making is that on the specific answer the Deputy requires to his question, tabling a parliamentary question would be the best way of eliciting the necessary information. That is my answer to the Deputy’s question.

Deputy Paul Kehoe: It means the Ta´naiste does not know what reply to give.

The Ta´naiste: The Finance Bill will be published later today. It relates to many issues that have already been announced in the Budget Statement which the Deputy has been able to study since 5 December 2007. There are other issues in addition to these but that is the normal position with the Finance Bill. It will be debated next week.

Deputy Richard Bruton: Two days of deliberation before a Second Stage debate is abnormal.

The Ta´naiste: As the Deputy knows, Committee Stage will run for many hours and days, with some Members even looking over at me wondering when it will end.

Deputy Dermot Ahern: Unless Deputy Bernard Durkan comes in.

Deputy Eamon Gilmore: Since the beginning of the year, we have seen a succession of announcements of job losses. This week 330 jobs were lost at Allergan in Arklow, County Wicklow. Before that 220 jobs went at Jacobs Fruitfield, 60 at Britvic in Cork and 400 at the Burlington Hotel. Up to 1,500 jobs are under threat at SR Technics. Construction employment is down by 5.4% with 15,000 more on the live register than this time last year. Yesterday, some economic expert predicted unemployment will reach 6% by the end of this year. Given the large number of job losses, will an opportunity be given to the House to discuss the strategies to deal with employment and the problems presented for those workers losing their jobs? The Ta´naiste will recall that the Ethics in Public Office Bill was announced in October 2006 by the Taoiseach and the then Ta´naiste, Mr. Michael McDowell, following the revelations about the Taoiseach’s finances at that time. The Bill provided for an arrangement whereby if a Member of the Oireachtas were to get a gift or a loan he or she would seek an opinion from the Standards in Public Office Commission before accepting it. The Bill completed all Stages in the Seanad on 4 July, but it was never presented to this House. The Bill is sponsored by the Ta´naiste’s Department. In the absence of other legislation this week I was surprised that the Bill was not presented to the House. When does the Ta´naiste intend to take Second Stage of that Bill in this House?

The Ta´naiste: I presume that Bill can be taken in this session with the agreement of the Whips in due course. A debate on employment matters is also a matter that can be facilitated through the agreement of the Whips. 691 Order of 31 January 2008. Business

Deputy Eamon Gilmore: The Ethics in Public Office Bill is the Ta´naiste’s Bill.

Deputy Joan Burton: Has he heard of it?

Deputy Eamon Gilmore: Has he asked for Government time to present his Bill to the House? I would understand the Ta´naiste’s vague answer if it was the responsibility of another Minister, but this is his Bill. Has he asked the Whip for Government time to take Second Stage?

The Ta´naiste: Is that the question?

Deputy Eamon Gilmore: Yes, it is a question.

The Ta´naiste: Anytime the Whip wishes to take the Ethics in Public Office Bill to the House, I will facilitate that.

Deputy Joan Burton: The Ta´naiste is the relevant Minister.

The Ta´naiste: I have been considering amendments which will need to be taken in the House and revert back to the Seanad in view of some of the debate that has taken place already. Those amendments are being prepared by my officials. Work is continuing on the Bill.

Deputy Eamon Gilmore: This is getting stranger by the minute. Normally a Minister puts pressure on the Government Whip for time for his Bill to be brought to the House. The Ta´naiste seems to think it will operate the other way around. The Bill has been through the Seanad already and the Ta´naiste now says there will be Government amendments to it. This is the first we have heard of the Government amending this legislation. What amendments are we discussing? Are they technical amendments or do they contain substantive issues?

The Ta´naiste: I am simply saying the Bill can be brought forward. If amendments are to be brought forward I will bring them forward and it is a matter for the Whips to decide when the Bill is taken. That is all I am saying. It can be taken this session. There is no big deal about it.

Deputy Eamon Gilmore: The Ta´naiste should come back to us.

Deputy Caoimhghı´nO´ Caola´in: The Government previously indicated its intention to relo- cate the Central Mental Hospital in Dundrum to a site adjacent to the planned new super- prison at Thornton Hall. Does the Government intend to bring forward the mental health amendment Bill so that we can address the concerns already expressed not only by those patients and their families, but also by international experts who have become aware of the proposition and have expressed the view that it does not fit with international best practice.

The Ta´naiste: I understand it is not possible to indicate at this stage when that Bill will be taken.

Deputy Seymour Crawford: When will a Bill that was promised last February and is relevant to the nursing home regulations, that was to have been completed and in operation by 1 January, come before the House? Many people are under extraordinary pressure and financial burden because of lack of clarity on the Bill, especially in Cavan-Monaghan. This item is also relevant to Cavan-Monaghan. When can the Whips organise time to have a debate on the collapse of incomes for poultry and pig farmers who are reaching a disastrous situation? It is time for a full debate in this House on food and food production. 692 Order of 31 January 2008. Business

The Ta´naiste: Regarding the second question, it is a matter for the Whips to decide if a debate is to be held. I hope the first matter will be taken in this session.

Deputy Seymour Crawford: When?

The Ta´naiste: This session.

Deputy Liz McManus: A Bill to transfer assets from the ESB to EirGrid was to have been published. There seems to be yet another change of heart in Government on this project, which is due to be completed in 2008. Does the Government intend to proceed with the legislation? It is not the legislation on the Order Paper that relates to EirGrid and the east-west connector. I am talking about what the Department described as priority legislation, which I had under- stood was to have been published by now.

The Ta´naiste: The electricity (transfer of transmission assets) Bill provides for the transfer of ownership of the electricity transmission assets from the ESB to EirGrid. Analysis and discussion is under way on all dimensions, including legal and financial, to ensure optimum outcomes on foot of the transfer process. It is not possible to indicate at this stage when the Bill will be taken.

Deputy Liz McManus: It is now buried. Unlike the interconnector it is underground.

Deputy Jan O’Sullivan: Last week in my constituency a mentally ill man who was supposed to go to the Central Mental Hospital had to be kept in a prison for a week. He could not go to the Central Mental Hospital because people could not be discharged from the hospital owing to a problem with the Criminal Law (Insanity) Act 2006 whereby there is no mechanism for people who are released under supervision to return if that becomes necessary. Therefore there is a problem getting people into the Central Mental Hospital. Does the Government intend to amend the Criminal Law (Insanity) Act 2006 to address this human rights issue?

The Ta´naiste: Is it promised?

Deputy Jan O’Sullivan: It is not promised, but it is clearly needed. The judge in the case said it was required.

The Ta´naiste: It is a matter that would be best referred to the Minister for Health and Children.

Deputy Jan O’Sullivan: It is a justice, equality and law reform Bill, but it affects health. I would be grateful if the Government would consider it as it is urgent.

An Ceann Comhairle: It is out of order.

The Ta´naiste: I will refer it to the relevant Minister.

Deputy Jan O’Sullivan: I thank the Ta´naiste.

Deputy Bernard J. Durkan: Given the degree to which professional Irish criminals now readily relocate themselves outside the jurisdiction beyond the reach of the law, is it intended to introduce a Bill to deal with the matter, which is obviously causing serious problems for the administration of justice here and in the European Union?

An Ceann Comhairle: Is legislation promised? 693 Order of 31 January 2008. Business

Deputy Bernard J. Durkan: There is. I think it is to come up in a minute.

An Ceann Comhairle: It is a long time coming.

Deputy Bernard J. Durkan: It has particular regard to home affairs concerns throughout Europe. The criminal justice (miscellaneous provisions) Bill could incorporate such legislation.

The Ta´naiste: That Bill will be taken in the next session. I do not know whether it will incorporate what the Deputy anticipates.

Deputy Joanna Tuffy: I wish to raise the issue of the expensive fees charged by management companies to many new homeowners, including those who bought affordable houses and apart- ments. What is the position regarding the national property services regulatory authority Bill? In reply to a question from Deputy Burton before Christmas, the Taoiseach said that he was awaiting a report from an interdepartmental committee on the Bill. Has that happened yet?

The Ta´naiste: I understand that the national property services regulatory authority Bill has 74 heads. The earliest it can be taken is later this year. There is considerable work going on.

Deputy Kathleen Lynch: From my discussions with disability groups, I know the interest the Ta´naiste took in this matter when he was Minister for Health and Children for a very short time. Keeping in mind what happened in the courts this week and the report which was given to the Minister for Education and Science in October 2006 which recommended the mechanism for appeals but which still has not been introduced, I ask the Ta´naiste to speak to the Minister for Education and Science and ask her to at least read the report and to implement the recom- mendations.

The Ta´naiste: The fact that reports are issued and recommendations are made does not mean that any Government must accept those recommendations in whatever area of policy.

Deputy Kathleen Lynch: I understand that perfectly.

The Ta´naiste: That is the first point. The fact that reports issue recommendations and Mini- sters do not act upon them does not mean the Ministers are at fault in any way. We may not agree with the recommendations and there may be other ways of dealing with the recom- mendations. The Department of Education and Science has developed policy in this area in recent years. It has been having a great degree of success in many respects in mainstreaming people with disabilities into the education system. Significant resources are being applied and thousands of people are being employed in the education system. We have moved from a very poor situation to one which has greatly improved and is much to the credit of this Minister and of previous Ministers who have taken up this matter. I know parents have had specific views about the type of education they believe would be most appropriate for their children. However, education policy is decided by the Department while listening to all those concerns but not necessarily agreeing in total with views however well motivated and well-intentioned with regard to the interests of their children. This is the problem which the Government has been grappling with in the interests of the best educational needs of those children. Deputy Hanafin has a very good record in this area. The question of how this type of edu- cation is applied within the mainstream is the real challenge. There is a continuing debate with 694 Order of 31 January 2008. Business interested groups about specialist schools which are separate from mainstream schooling. I am particularly acquainted with this debate since I regularly speak to parents in my constituency about these matters. The fact that specific recommendations are made does not mean that the Minister is not working on this matter or is not coming up with results and improvements which may not exactly equate with what certain people believe is the right way but I reiterate that significant improvements are being made.

Deputy Kathleen Lynch: I wish to make a point.

An Ceann Comhairle: That is out of order as the Deputy will know.

Deputy Kathleen Lynch: The problem is that so long as an appeals mechanism is not in place, the only appeals mechanism available is through the courts and none of us thinks that is where people should be.

An Ceann Comhairle: The Deputy is out of order.

The Ta´naiste: It is hoped the clarification of the legal position which has been brought to this situation should inform future action so that referral to the courts is not the means of providing a solution to that problem. Much ongoing work and consultation, including work in partnership with people in the community, are the means of finding the best solution to these issues. It is wrong to suggest that there have not been significant improvements because there have.

An Ceann Comhairle: I ask that Deputies put down questions to the relevant Ministers about these matters.

Deputy Sea´n Barrett: I note from the information given to the House by the Chief Whip a Bill to establish a transport authority for the greater Dublin area, known as the Dublin Trans- port Authority Bill. The Ta´naiste’s colleague, the Minister for Transport, Deputy Dempsey, will tell him that transport is responsible for 20% of our overall carbon emissions. The transport system in the greater Dublin area is chaotic and approximately \13 million has been expended in an effort to achieve co-ordination between the various transport authorities by means of an integrated ticketing system. When will this Bill be brought before the House and passed quickly so that something can be done to deal with this significant emissions problem in the Dublin area?

The Ta´naiste: As the Taoiseach said yesterday in reply to a question from the Labour Party Whip, it is expected this legislation will be taken this session and will provide an opportunity for Deputies to contribute.

Deputy Sea´n Barrett: I want it passed this session if we are serious about emissions.

Deputy Noel Dempsey: With the Deputy’s co-operation.

The Ta´naiste: The commitment to a speedy enactment is welcomed by the Government.

An Ceann Comhairle: Whatever about that, I must speed on with the business of the House. 695 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Private Members’ Business.

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Tribunals of Inquiry: Motion (Resumed).

The following motion was moved by Deputy Enda Kenny on Wednesday, 30 January 2008:

That Da´il E´ ireann reaffirms its confidence in the Mahon tribunal, and its belief that the tribunal is acting independently, without bias and within the remit contained in the terms of reference set by the Oireachtas.

Amendment No. 1 was moved by the Minister for the Environment, Heritage and Local Government: To delete all words after “Da´il E´ ireann” and substitute the following: — affirms its confidence in the Mahon tribunal and believes it will fulfil the tribunal’s mandate pursuant to the amended terms of reference established by the Oireachtas; — notes that the tribunal was established to inquire urgently into certain planning matters and report to the Clerk of the Da´il and make such findings and recom- mendations as it sees fit; — notes the rulings of the Supreme Court in relation to the tribunal of inquiry’s terms of reference; — notes the projected cost of this tribunal of inquiry, urges the tribunal to continue its work and looks forward to receiving the report of the tribunal expeditiously, in order that the Da´il may debate and deliberate on its findings; — urges the early consideration and enactment by the Oireachtas of the Tribunals of Inquiry Bill 2005 to underpin the confidence of the public and the Oireachtas in any future tribunals and to address matters of procedure and practice in the conduct of any such tribunals; — welcomes the opportunity to discuss the procedures and practices involved in investigating matters mandated by Oireachtas E´ ireann; and — condemns the leaking of tribunal documents as a breach of confidentiality as estab- lished by law, and an infringement on the rights of those affected, and supports appro- priate actions to investigate such leaks, and further reaffirms the right to confiden- tiality to which each citizen is entitled in their correspondence with the tribunal.”

Debate resumed on amendment No. 1 to amendment No. 1: To delete paragraphs 4 to 7 and substitute the following: — shares the public concern about the potential costs of the tribunal and, having regard to the comments made by the former Minister for Finance, Deputy Charlie McCreevy, in which he described the legal fees as “astronomical” and “a gravy train”, deplores the failure of the Government to take action to reduce the level of legal fees for tribunals generally; — urges the further postponement by the Oireachtas of the Tribunals of Inquiry Bill 2005, pending the completion of the work of the tribunal; 696 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

— welcomes the opportunity to discuss the procedures and practices involved in investigating matters mandated by Oireachtas E´ ireann; and — condemns the leaking of tribunal documents by whatever parties or persons may be responsible as an infringement of the rights of those affected, notes the strong denial by the tribunal that it was responsible for any such leaks, and supports appropriate action to investigate such leaks, and further confirms the right to confidentiality to which each citizen is entitled in their correspondence with the tribunal. (Deputy Eamon Gilmore). Deputy Caoimhghı´nO´ Caola´in: Sinn Fe´in’s approach to the issues raised by this motion is based on our own analysis and our own politics. It was put to me by a journalist this week that Sinn Fe´in was out of line with the other two Opposition parties in not concentrating all our fire on the Taoiseach over his lack of credibility at the tribunal. We were accused of clouding the issue by introducing all the areas of public policy on which this Taoiseach and this Govern- ment have been responsible for monumental failures. I make no apology for our position. This Taoiseach should go because he has presided over a decade of government which has seen deepening inequality in our society, the squandering of economic prosperity, the down- grading and privatisation of public services, atrocious planning and delivery in housing and infrastructure and above all, the ongoing chaos in our grossly inequitable and inefficient health services. These are the reasons the Taoiseach should step down. In my mind they far exceed in importance the Taoiseach’s financial affairs and his engagement at the tribunal. The Taoiseach’s ability to deal with these issues and with the day-to-day affairs of Govern- ment is now deeply undermined by the mess in which he finds himself. The Taoiseach has failed to convince people with his account of his personal and constituency finances. He has made contradictory statements and produced convoluted explanations that stretch credibility to the limit. Sinn Fe´in endorses the motion in the name of the Fine Gael Deputies reiterating support for the Mahon tribunal. We reject the Government amendment principally because it includes full support for the Tribunal of Inquiries Bill 2005 which would give far too much power to Ministers to control future tribunals. We now have a serving Taoiseach at odds with the Revenue Commissioners, as he had to admit here in the Da´il yesterday. I question who advised him that Revenue would not be able to settle his tax affairs until the conclusion of the Mahon tribunal. Did anyone do so or was this another convenient way to deflect questions about his tax compliance? We also have a serving Taoiseach who cannot provide a tax clearance certificate. This was the Taoiseach who claimed last year that he was fully tax compliant. It was clear from the correspondence between the Taoiseach and the Revenue Commissioners that they were not and are not satisfied that he is tax compliant. Last night the Taoiseach’s spokesperson responded to the news that the Taoiseach had assisted Manchester businessman, Norman Turner, with a passport application. It was stated that all TDs assist people with passport applications and so we do but how many of us have provided such assistance to wealthy business people who also happen to be major donors to our parties and who also happen to be seeking political and planning support for multi-million euro projects such as casinos and conference centres? Only one party and only one TD fits the bill in that case and that is Fianna Fa´il and Deputy Bertie Ahern. It should be noted that the Taoiseach’s spokespersons have not felt it necessary to defend the acceptance by Des Richardson on behalf of Fianna Fa´il of a donation of $10,000 from Norman Turner at the time he was trying to advance his casino plan. Most citizens would rightly regard the acceptance of 697 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

[Deputy Caoimhghı´nO´ Caola´in.] such money in such circumstances as deeply unethical, but of course it was perfectly legal, so the Taoiseach and his party feel no need to defend it. The Government managed at the last minute to produce an amendment to the Private Members’ motion but that amendment cannot hide the contradictions within this strange patch- work of an Administration. We have seen the two members of the Progressive Democrats in the Da´il split down the middle with Deputy Noel Grealish attacking the Mahon tribunal and the Minister for Health and Children, Deputy Harney, defending it. We have seen the Green Party stopping short of expressing full confidence in the Taoiseach while clinging steadfastly to its Cabinet seats. In putting its name to the Government amendment, the Green Party is endorsing the Tri- bunals of Inquiry Bill 2005, a position I did not believe it held. Reform of tribunals is very necessary, especially in regard to exorbitant costs, but this Bill would effectively give the Government the power to suspend or dissolve a tribunal for unlimited reasons 11 o’clock and to prevent the publication of a tribunal’s report. This is completely unacceptable and will further undermine public trust and confidence in the politi- cal system. The Green Party’s claimed support for tribunals and for ethics in public life is undermined by its endorsement of this flawed legislation. I have described this as a strange Government. Its programme for Government was sneaked out rather than launched. The leaders of the three parties in Government, if the Progressive Democrats can still be given that status, have never to my knowledge stood together for a photo call or press conference. If the Green Party and the Progressive Democrats truly believed they were in a partnership Government in which Deputy Bertie Ahern should remain as Taoiseach they would surely be clamouring, as others have done in the past, to be seen at his side at every opportunity. Of course they will not do so because they want to have it both ways. Understandably, they want to remain in Government while distancing themselves from the troubles of the Taoiseach. They want to shirk their collective responsibility for the ongoing and deep-seated policy failures of a Fianna Fa´il-dominated Government, heavily influenced by Progressive Democrats ideology, but they all bear collective responsibility for the disasters of this Administration. This is only the last day of January but already this year we have had a succession of reminders of the disastrous state of our health service. These include the study showing slower access to cancer services for public patients than for private patients, worsening waiting times in accident and emergency departments and longer waiting lists for outpatient treatment, a tightened Health Service Executive embargo on recruitment in the health service, the HSE’s refusal to fund the essential increase in GP training places, no increase this year in funding for mental health services and the advancement of the notorious co-location scheme. On top of all this, we have had cuts in hospital services around the country and more are planned in the north east in my area, with other regions to follow. In the north east, services at all hospitals are to be cut under a draft plan revealed this week. Let us make no mistake about it, these cuts have more to do with bookkeeping than life saving. I referred at the beginning of my contribution to the journalist who challenged Sinn Fe´in on our position on the Taoiseach’s engagement with the tribunal. The journalist said the electorate had made its judgment on the policy issues at the general election. That is not so, as I told him on that occasion outside the gates of this House. At that time, people voted for a Taoiseach whom they understood was and would be tax compliant. They did not vote for water charges for schools. They did not vote for growing job losses. They did not vote for parents of autistic children being bankrupted by the State because they fought in court for the right to education which had been denied to their special child. They did not vote for another two year wait for 698 Tribunals of Inquiry: 31 January 2008. Motion (Resumed) basic facilities for people with cystic fibrosis and they certainly did not vote for cuts in health services that are a throwback to the savage cuts of the 1980s. I am inclined to draw an analogy here. The average voter now is like a diner who is starting to regret what he ordered in the restaurant. The Fianna Fa´il-Progressive Democrats stew with Green side salad has arrived, but it does not smell right and the voter-diner knows they made a bad choice. It is now time to send back the meal, bring in the health inspector and to have the whole damn place closed down.

An Ceann Comhairle: And maybe to order dessert.

Deputy Caoimhghı´nO´ Caola´in: We will keep you in place, a Cheann Comhairle.

Deputy Mary Alexandra White: I am happy to support amendment No. l moved by my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, in the House last night. The motion is consistent with the support the Green Party has always shown for the tribunal of inquiry into planning matters, from 7 October 1997 to this day. The tribunal of inquiry is a necessary legal mechanism to investigate the barrage of strange, unjustifiable and bad planning decisions in Dublin and beyond which have afflicted the development of this country. Political decisions, influenced by the interests of a small cabal of property owners and developers, often resulted in frenzies of rezoning which have set back parts of Ireland by decades. In order to have confidence in the planning system, the truths about the lack of planning in the past must be systematically and judiciously unearthed. This debate should also serve as a reminder of the need to prevent the incidents we now know about from happening again. The Minister, Deputy Gormley, will deliver on his promise to reform local government so that the public will have confidence in planning. I trust all parties will support such reforms aimed at bringing transparency and responsiveness to local government. As for the Opposition who has so energetically talked about this debate throughout the whole Christmas recess, I categorically reject the Leader of the Opposition’s claims of absent Green Party Members and roll-overs. We were in the House last night for the debate; my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, has presented the House with a motion of unconditional support for the tribunal. If this debate is not just a cheap political stunt, then the Fine Gael Party and the Labour Party should now put their voting intentions where their mouths are and support the Government motion. They have confidence in the tribunal, as the motion states; they accept the rulings of the Supreme Court in regard to the tribunal, as the motion states; they urge the tribunal to continue its work speedily, as the motion states; and they support future tribunals enjoying the confi- dence of the public, as the motion states. They were the ones who initiated this debate about investigating planning matters so they should welcome this discussion and, although some Opposition Members may have known about imminent tribunal leaks and did nothing about it, the Opposition ought to condemn legal leaks and breaches of confidentiality and defend the right to confidentiality of citizens in correspondence with the tribunal. There is nothing in the Government motion they cannot accept. As for the Labour Party, its Deputies should take note of what its current leader said in the House during the debate on establishing the tribunal in October 1997: “The political arena is not the place to judge anyone’s guilt or innocence, as those words are not the currency of 699 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

[Deputy Mary Alexandra White.] politics.” Let them support the motion, let the tribunal get on with its work and let us get on with the work we were elected to do.

An Ceann Comhairle: I understand the Minister of State, Deputy Killeen, wishes to share time with Deputy Cuffe and others. Is that agreed? Agreed.

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Tony Killeen): I welcome the opportunity to support amendment No. 1, as colleagues on this side of the House are doing. One aspect of that amendment refers to the opportunity to discuss the procedures and practices involved in investigating matters mandated by Oireachtas E´ ireann. This is a fundamental element of the entire debate, namely, the right to comment. If one were to judge by some of the statements coming from the Opposition benches, one of the rights which it is proposed to circumscribe is the right of people on this side to hold an opinion or to express it. It is a fundamental right and one that any of us who value human dignity or human rights would certainly defend. The fundamental question to which members of the tribunal would seek an answer from this House is exactly what the Oireachtas requires and expects of it. The original motion setting up the tribunal set that very clearly and unequivocally. Unfortunately, in the interim, there were occasions when that mandate was not observed in the manner that it ought to have been. Are Members suggesting that during those times people who had reservations about the rights of citizens and how they were dealt with ought to have remained silent? Even if they were, they certainly have the findings of the High Court and the Supreme Court to rely on if they wished to have something to validate their concerns. One of the statements of an eminent judge was to the effect that the tribunal was established in 1997. Some of us who have been here prior to that time and who have seen the Oireachtas quite rightly set up a number of tribunals tend to forget how long it is since this particular tribunal was set up. I doubt if any Member of either House in 1997 anticipated that this tribunal would still be sitting 11 years later and, apparently, it is not much nearer to reaching the conclusions that it was mandated to reach.

Deputy Simon Coveney: Why is that?

Deputy Tony Killeen: The judge rightly stated that the tribunal was established in 1997 and that the concept behind the tribunal is that there be an inquiry into definite matters as a matter of urgent public importance. The fact that the tribunal is still inquiring ten years later is the antithesis of an urgent public inquiry. There are all kinds of reasons for that, but fundamental to it is what is the requirement of the Oireachtas. There are people here and in the other House who, from what they have stated, require of the tribunal heads on plates. They do not really require or expect — certainly they do not want — facts, findings and recommendations as set out by the Oireachtas. Ultimately, that is what the Oireachtas charged this tribunal with doing. The Oireachtas, as the body which set it up, has every right — in my view, every duty — to comment on how it is done, but it is of course entirely unjust if Members of the Government are accused of undermining the tribunal when people equally undermine the tribunal by setting out a stall which clearly demands of it findings of fact which advance a particular political perspective. That is something that this House, and no Member of it, is entitled to demand or expect. It is a fundamental question and one to which we all are obliged to face up. No doubt there are concerns in the public arena about issues such as cost, there are concerns about issues related to the treatment of people and there are all kinds of other ancillary issues. Ultimately, the long-term goal of this inquiry is relatively narrow and relatively straightforward, 700 Tribunals of Inquiry: 31 January 2008. Motion (Resumed) and it is perfectly reasonable to hold the view that what it was set up to do is what this Parliament requires it to do. When one sees muddying of the waters with issues about passports — I, like most Members, have assisted people in getting passports — dragged in, one inevitably makes the judgment that the tribunal issue is part of another political agenda. There is no fundamental issue with parties and people having political agendas, but when they pretend and seek to put them in the respect- able context of a tribunal and they are merely political point-scoring, of course they are open to being criticised on that front. The point made by Deputy Mary White and many others is of singular importance. The key point she made is that no Member of the Oireachtas, who is interested and committed to this tribunal or, indeed, any tribunal doing the job that it was set up to do, could object to any element of the Government amendment. I would say that they would be duty bound to go with the terms of the amendment in the width and depth of what is required of the tribunal and in the expectation, rightly, of this Parliament that the job that it was set up to do is the one that it does.

Deputy Peter Power: I thank my colleagues for sharing time. In advance of this debate Fine Gael spokespersons were at pains to suggest that this motion is in direct response to criticism of the tribunal by members of the Government, as if to imply that criticism of the methodology and functioning of the tribunal in some way equates with sleaze or planning corruption. Indeed, this was one of the central planks of the contributions of Deputies Kenny and Varadkar last night and this is a contention which I reject out of hand as a myth. There is no institution of this State which has immunity from accountability to this House. It is my conviction that Members of this House have not alone a right but a positive duty to hold any organ of State, this or any other tribunal, to account. We have a positive duty and a right to do that by virtue of our membership of this House, by virtue of our democratic mandate. The Opposition which tabled this motion would do well to remember that the tribunal is an instrument of this House and it operates under terms of reference set down by this House. It reports to this House and it functions under legislation enacted in this House. It is a ludicrous proposition to suggest, as this motion does, that we are not allowed to hold that tribunal to account, and I reject it. It is an abdication of political responsibility and political accountability. Let us be absolutely clear on this point. We, as Members of this House, have a right and a duty to hold the tribunal to account, but what we do not have, what no Member has, is the right to compromise the independence of the tribunal by placing ourselves in the place of the judges of the tribunal and predetermining the outcome of the tribunal. Unfortunately, that is exactly what many members of Fine Gael are guilty of. They have placed themselves in the place of the judges of the tribunal. By resolution of this House we delegated fact-finding func- tions of this House to the judges of the tribunal. We did not delegate those functions to Deputy Varadkar or Senator Regan, we delegated those fact-finding functions to the judges of the tribunal. On 20 December, outside the gates of this House on national television, Deputy Varadkar declared no less than that the Taoiseach’s evidence on that particular day was demolished by counsel for the tribunal, and only last night, again in a clear abuse of Da´il privilege, he took it upon himself to predict with great certainty what the outcome of the tribunal would be. I ask this question, not alone of Deputy Varadkar but also of members of Fine Gael opposite, how can they possibly put their names to a motion which calls for the independence of a 701 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

[Deputy Peter Power.] tribunal from this House when, by their own words and public pronouncements, it is the very antithesis of independence? It is a contradiction and a hypocrisy and if they do not see it, it is the height of arrogance.

Deputy Shane McEntee: Perhaps Deputy Power does not see it.

Deputy Simon Coveney: The Taoiseach asked us to judge him on his evidence.

Deputy Peter Power: Hardly a day went by in December without Senator Regan going on the national airwaves and pronouncing at great length on the veracity or the credibility——

Deputy Fergus O’Dowd: Money grows in socks.

Deputy Simon Coveney: We are doing what the Taoiseach asked us to do, judge him on his evidence.

Deputy Peter Power: ——I did not interrupt Deputy Coveney — of each and all of the witnesses who came before the tribunal, yet their party brings a motion——

Deputy Shane McEntee: It is his party’s Ministers who started it; we did not.

Deputy Peter Power: ——before this House deigning that the tribunal should be independent of this House. It is not for me or any Member of this House to go through the various and varied allegations of Mr. Tom Gilmartin. It is not for me or any Member of this House to pass judgment at this stage on the credibility or otherwise of any witness.

Deputy Simon Coveney: It certainly is.

Deputy Fergus O’Dowd: What about former Deputy Ray Burke?

Deputy Peter Power: That is a function that we, by resolution of this House, have delegated to others to do. Deputy Varadkar and his ilk want to be judge, jury and executioner in this entire process.

Deputy Simon Coveney: The Revenue will do it.

Deputy Peter Power: Do Members opposite not understand the hypocrisy that is involved in this?

An Ceann Comhairle: Deputy Power’s time has expired.

Deputy Peter Power: I suggest that new members of Fine Gael are far removed from the concepts of due process, fair play and equality before the law——

Deputy Fergus O’Dowd: What about honesty and integrity?

Deputy Peter Power: ——which his predecessors enunciated in a document entitled “The Just Society”. They have left those high-minded principles which good-minded members of Fine Gael set out many years ago.

An Ceann Comhairle: The Deputy’s time has expired. 702 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Deputy Peter Power: I will conclude on this. What I have found particularly distasteful and disturbing in recent weeks is the new Fine Gael approach since the election of personalised and vindictive attacks against the Taoiseach. The leader of that party, Deputy Kenny, stated in Brussels, in the heart of Europe, where this country is respected and admired for our achieve- ments, that the Taoiseach was not fit to hold public office in this country or throughout Europe. That was a new low.

Deputy Martin Mansergh: Hear, hear.

Deputy Peter Power: That was an abdication of a good Fine Gael philosophy, besmirching a great Fine Gael tradition of putting country before party. It was a new low.

Deputy Simon Coveney: Deputy Power would rather cover up.

Deputy Peter Power: This was an allegation against the Taoiseach, against whom there has been no finding of wrongdoing.

An Ceann Comhairle: We must call it a day, Deputy Power.

Deputy Fergus O’Dowd: What about the campaign against the Anglo-Irish Agreement on American soil?

Deputy Peter Power: I will conclude now. No finding of wrongdoing has been made by any tribunal or any institution of this State which Fine Gael seeks to uphold.

An Ceann Comhairle: I must call Deputy Gogarty.

Deputy Shane McEntee: Will Brussels give him a job?

Deputy Peter Power: I reject the contradictions in their motion. I reject the hypocrisy of the motion.

Deputy Shane McEntee: Will Brussels give him a job when it is over, when they get rid of him? It will not.

Deputy Peter Power: I commend the Government’s amendment to the House.

Deputy Paul Gogarty: I had to apologise to the Joint Committee on Education and Science, of which I am Chairman, for leaving it to come here, but I felt it was important to comment on this issue. I reiterate the Green Party’s absolute confidence in the Mahon tribunal. I come from a constituency that is very much the focus of the workings of the tribunal, which has alleged, and in some cases demonstrated, corrupt practices by councillors from Fianna Fa´il and Fine Gael. If an Opposition party wants to cast aspersions, it should at least start from the position of being on high moral ground. Unfortunately, that is not the case. To my mind, the only person with any real morality in a leadership position in Fine Gael over the past number of years is Deputy Michael Noonan, because, at some cost to Fine Gael’s electoral prospects, he abolished corporate donations within the party. He said Fine Gael would not take corpor- ate donations. Unfortunately, this was reversed. The coffers of Fine Gael have grown once again. As Members know, the Green Party does not take such donations. It is always in the halfpenny place when trying to compete with Fine Gael on the ground. That is unfortunate, but it is the way things stand. If Fine Gael wants to convince the larger parties, be it Fianna Fa´il or the Labour Party, which takes generous trade union donations, that this is not the way to go and 703 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

[Deputy Paul Gogarty.] that political decisions must be seen to be taken without a hint of influence, it should, as the main Opposition party, show leadership, abolish corporate donations and fight with one hand tied behind its back as the Green Party does at election time.

Deputy Shane McEntee: Like the Green Party, which wants to abolish fishing, shooting and hunting.

Deputy Paul Gogarty: That is quite untrue. I want to tell the Opposition about hypocrisy.

Deputy Shane McEntee: The Green Party wants to abolish rural life. It wants us all on our bicycles riding around Dublin.

Deputy Paul Gogarty: Currently in my constituency, An Bord Pleana´la is about to consider a strategic development zone called Clonburris, which is even bigger than Adamstown. The plan for Clonburris was passed recently by members of South Dublin County Council. When the Leader of the Seanad, Senator Frances Fitzgerald, heard it was passed she said the cam- paign against Clonburris was not yet over, that we still had An Bord Pleana´la. She said in the Lucan newsletter that Fine Gael had launched a first appeal against the Clonburris strategic development zone. However, the two Fine Gael councillors at the meeting voted for the development plans. The Senator said one thing, but the councillors said something else. If that is not hypocrisy, or at least stupidity, I do not know what is.

Deputy Simon Coveney: The Deputy should talk to the motion.

Deputy Paul Kehoe: The Deputy is the most yellow member of the Green Party.

Deputy Fergus O’Dowd: The Deputy moved to the Government side of the House despite saying how corrupt it was when he was in Opposition.

An Ceann Comhairle: Allow Deputy Gogarty to finish his contribution.

Deputy Paul Gogarty: I have a valid excuse to ask those two councillors why they supported this plan. The reason I can ask that question is because Fine Gael takes money from developers. It has Galway and Punchestown tents. It should show some moral leadership and stop taking corporate donations. Maybe then, it could start throwing muck.

Deputy Fergus O’Dowd: The Green Party has given Fianna Fa´il the green light.

Deputy Paul Gogarty: Fine Gael’s record in my constituency is abysmal. The transport grid- lock and the chronic congestion are just as much the fault of the Fine Gael Party.

Deputy Shane McEntee: The Green Party betrayed the people and rural Ireland after the election.

Deputy Paul Kehoe: On a point of order, has Deputy Gogarty any evidence that Fine Gael is taking money from developers?

An Ceann Comhairle: That is not a point of order. We will move on. I call Deputy Mansergh.

Deputy Paul Gogarty: It has taken donations from developers and still does.

Deputy Paul Kehoe: Has the Deputy any substantive evidence of that?

Deputy Paul Gogarty: It is still, legitimately, taking them. 704 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Deputy Shane McEntee: The Green Party is yellow. Its roots are gone.

Deputy Martin Mansergh: When I started monitoring this debate last night, Deputy Varadkar was in the middle of mangling Irish history. If Edmund Burke ever said or wrote what has been attributed to him — “it is necessary only for the good man to do nothing for evil to triumph” — it was not in College Green or the Irish House of Commons, because he was never a member of it.

Deputy Fergus O’Dowd: He was a high Tory, like Deputy Mansergh.

Deputy Martin Mansergh: Can Deputy O’Dowd not keep quiet for a moment?

An Ceann Comhairle: Deputy Mansergh, without interruption.

Deputy Martin Mansergh: Burke definitely did say, however, “magnanimity in politics is not seldom the truest wisdom”, a virtue conspicuously absent in the Opposition parties since the general election.

Deputy Shane McEntee: This is coming from a man who flew all over the world with a former Taoiseach.

Deputy Martin Mansergh: I would be interested in learning more about the Fine Gael pro- posals on rural broadband, or what plans Deputy Gilmore has to transform the Labour Party.

Deputy Fergus O’Dowd: We have heard about absentee landlords. What about absentee Deputies who do not even live in their constituencies?

Deputy Martin Mansergh: At least the Oireachtas Joint Committee on Finance and the Public Service, of which I am a member, spent two and a half hours usefully yesterday question- ing the Governor of the Central Bank and the Financial Regulator on the implications of turbulence on the world’s markets, a matter with implications for Irish jobs. In contrast, this motion is simply a vehicle for maintaining a relentless Opposition focus on the Taoiseach, so that by talking of nothing else it can claim the Government is being distracted from its tasks. I have no difficulty affirming confidence in the Mahon tribunal, although I do not subscribe to the doctrine that either courts or tribunals should be above and beyond criticism, either in this House or elsewhere. The Supreme Court has been quite critical of the tribunal. However, the Opposition parties do the tribunal no service by repeatedly attempting to pre-empt its findings, operating on the Alice in Wonderland judicial principle, sentence first, verdict afterwards. I do not much approve of political trials, but one cannot fail to note that, just as the beef tribunal was turned into a trial, first of Charles Haughey and then Albert Reynolds——

Deputy Shane McEntee: Deputy Mansergh would know all about that.

Deputy Martin Mansergh: ——similarly the Mahon tribunal about certain planning matters has ended up — one might wonder how — as a trial of Bertie Ahern, complete with a Ken Starr style special prosecutor. A star witness protected by the tribunal has sought, with a good deal less wit than Beaumarchais over 200 years ago in France, to maintain that it is not corrupt to give money, only to receive it.

Deputy Fergus O’Dowd: Was it Charles Haughey who said that? 705 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Deputy Martin Mansergh: Guided and prompted by a journalist friend, reputedly familiar with Colombia and a variety of passports, as well with the many highways and byways of Irish politics, the witness is a vehicle for floating all sorts of hypotheses in the hope that an investig- ative trawl will throw up something. Then when documents are circulated, they are promptly leaked to this journalist or other journalists. The 17th century French writer Nicholas Boileau once said: ”Le vrai peut quelques fois n’eˆtre pas vraisemblable.” The truth can sometimes be improbable.

Deputy Shane McEntee: The Deputy is on a world tour.

Deputy Fergus O’Dowd: Abair e´ sin as Gaeilge.

Deputy Shane McEntee: The Deputy is speaking to the Irish people now.

Deputy Martin Mansergh: Any reasonable person will understand the difficulty the Taoiseach has in constructing in perfect good faith the rationale for every lodgement in his accounts, 13 years ago.

Deputy Shane McEntee: Come off it.

An Ceann Comhairle: I must ask that Deputy Mansergh be afforded the courtesy of Deputies’ attention.

Deputy Paul Kehoe: How can we listen to that?

Deputy Shane McEntee: He does not want to listen.

Deputy Martin Mansergh: The Opposition Deputies are great democrats, are they not?

Deputy Paul Kehoe: The Deputy should stick to the motion.

Deputy Martin Mansergh: When I was preparing in the last week the submission of my campaign accounts to the Standards in Public Office Commission, I came across a substantial lodgement only three months ago that was not a donation that I could not immediately remem- ber or explain until I found a file which showed me it was a combination of my constituency office allowance and a telephone allowance. This debate is not about the tribunal. It is about the Taoiseach, now into his third term, with significant achievements to his credit, peace in Northern Ireland, unprecedented prosperity, 20 years of social partnership and the best EU Presidency that President Chirac could remember.

Deputy Shane McEntee: Ask Paul Quinn’s parents if there is peace.

Deputy Martin Mansergh: The Taoiseach is mentioned in the European press, which Fine Gael and Labour MEPs clearly do not or are unable to read, as a possible candidate for President of the European Council. He has been invited to address the US Congress. The attempt to bring him down does no service whatsoever to this country and reflects poorly on the leadership substance of Deputies Enda Kenny and Eamon Gilmore, whose parties were afraid of saying during the general election what they are saying now. I am not surprised that the Labour Party’s opinion poll rating is down to 10%. The Fine Gael Party, still suffering from post-electoral stress disorder, having failed to win an election for the sixth time in succession, is the spare wheel of Irish democracy, trying desperately to convince the Da´il that Fianna Fa´il has an ethical puncture. 706 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Deputy Fergus O’Dowd: If we are the spare wheel, Deputy Mansergh is the loose nut.

Deputy Martin Mansergh: Just yesterday, I was talking with former Taoiseach Albert Reynolds. I want to see no more good governments brought down by synthetic pseudo-ethical furores, like the passport nonsense of the past 24 hours. The Fianna Fa´il Parliamentary Party will stand with its leader, the Taoiseach, Deputy Bertie Ahern, and, with its Green Party and Progressive Democrat partners and Independent support, will carry on with the Government to the completion of its five-year term.

Deputy Joan Burton: Is that the Minister, Deputy Noel Dempsey’s view?

Deputy Ciara´n Cuffe: For a member of Fine Gael to ridicule a Member of the House for quoting a Frenchman represents a new low in parliamentary politics in this House. That is not the direction we should be going. There is a separation of powers enshrined in our Constitution, the Legislature, the Judiciary and the Presidency. It is a very dangerous precedent to attempt to muddy the waters between the three pillars——

Deputy Lucinda Creighton: As the Minister, Deputy Willie O’Dea, did.

Deputy Ciara´n Cuffe: ——that uphold democracy in this State. A line in the sand must be drawn between this House and the tribunals.

Deputy Paul Kehoe: The Taoiseach put a line in the sand.

Deputy Ciara´n Cuffe: That is what I and my party stand for.

Deputy Martin Mansergh: Why will the Members not listen to people with respect?

An Ceann Comhairle: Deputy Kehoe, Deputy Cuffe is entitled to be heard.

Deputy Ciara´n Cuffe: The important issue is that the Government has confidence in the tribunal, and we have stated that confidence in our response to the Opposition’s motion. Let us not get caught up in obsessing over every nuance of what the tribunal is doing. Instead, let us take a step back and examine the reasons for its establishment in the first place. It was a response to concerns about planning, something which the former Minister for the Envir- onment, former Deputy Michael Smith, described as a debased currency. I am not convinced that Fine Gael is a paragon of virtue in this regard.

Deputy Fergus O’Dowd: What about Fianna Fa´il?

Deputy Martin Mansergh: They are no angels.

Deputy Ciara´n Cuffe: A representative from Fine Gael appeared on an episode of “Prime Time” a few months ago and, frankly, made Pat Shortt and D’Unbelievables look statesmanlike in comparison, given the type of activities Fine Gael is engaged in to this day on every highway and byway of the country. Fine Gael is leaving future generations with the legacies of bad planning — lines of stationary traffic for hours every morning, schools not located within walk- ing distance of homes——

Deputy Fergus O’Dowd: The Deputy is in Government; he should deal with it.

Deputy Paul Kehoe: The Deputy is in Government so he should solve it. He sits on his hands. 707 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Deputy Ciara´n Cuffe: Let he who is without sin cast the first stone. I do not believe Fine Gael can be without guilt in this regard. Fine Gael should look at its own party members, particularly at its councillors, and see whether they are paragons of virtue with regard to proper planning.

Deputy Paul Kehoe: At least we have councillors throughout the country.

An Ceann Comhairle: Deputy Cuffe without interruption.

Deputy Andrew Doyle: Did the Deputy listen to Patricia McKenna this morning telling the Green Party what to do?

Deputy Ciara´n Cuffe: I am gravely concerned about rezoning practices that continue to this day.

Deputy Paul Kehoe: The Deputy is in the right place to learn about them.

Deputy Ciara´n Cuffe: We must make changes to ensure that zoning is examined for sus- tainability.

Deputy Andrew Doyle: The Government changed the environmental plan sent out to every county.

Deputy Ciara´n Cuffe: I believe change is needed in how political parties are funded and how changes are made in county development plans. A member of Fine Gael asked us if Fine Gael had accepted money from developers. The evidence is available in the Standards in Public Office Commission. The evidence is clear that Fine Gael has taken funding from people who have an interest in development. Money must be taken out of politics.

Deputy Paul Kehoe: Do it then, and pull out of Government.

Deputy Ciara´n Cuffe: We need to examine how politics is funded. I have grave concerns at how members of Fine Gael were able to spend tens of thousands of euro on billboard cam- paigns prior to the general election being called, yet in the very narrow four week period of the campaign their funding reduced dramatically. That is not right.

Deputy Paul Kehoe: It was all above board.

Deputy Ciara´n Cuffe: It is not good for the body politic——

Deputy Lucinda Creighton: Why not introduce legislation to deal with it? The Deputy’s party is in Government.

Deputy Ciara´n Cuffe: ——and it is not good for correct decision making. I have every hope that my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, will, within the term of this Government, introduce changes——

Deputy Andrew Doyle: He should scrap the directive sent to every county council.

Deputy Ciara´n Cuffe: ——that will try to reduce the possibility of temptation in that regard.

An Ceann Comhairle: Deputy Cuffe without interruption.

Deputy Ciara´n Cuffe: It is now eight and a half months into what I hope will be a five year term of office for this Government. It is important that we deal with the weighty issues of the 708 Tribunals of Inquiry: 31 January 2008. Motion (Resumed) day such as health, education and proper planning. The obsessional sideshow with which Fine Gael is attempting to dominate proceedings this week is not good for politics or for putting the best interests of this country first.

Deputy Simon Coveney: I wish to share time with Deputy Charles Flanagan, Deputy Creigh- ton and Deputy Deenihan.

An Ceann Comhairle: Is that agreed? Agreed.

Deputy Simon Coveney: It is important to remind the House of the wording of the Fine Gael motion given the comments of previous speakers. It states: “That Da´il E´ ireann reaffirms its confidence in the Mahon tribunal, and its belief that the tribunal is acting independently, with- out bias and within the remit contained in the terms of reference set by the Oireachtas.” One would have a right to assume that this should not be a contentious motion. In truth, it probably would not have been in any period over the last ten years until now, when the Taoiseach is giving evidence and must answer straight questions about his financial affairs in the mid-1990s. People have correctly asked why Da´il E´ ireann is spending its first week of the 2008 session debating the Mahon tribunal and not addressing issues that affect people’s everyday lives. God knows there are plenty of such issues at present. However, this motion is necessary because of a concerted effort by a series of Government Ministers to undermine and discredit the work of the tribunal. They were marched out before Christmas to express a phony outrage at how the Mahon tribunal was conducting its business. They included our most powerful and experienced politicians. The Minister for Foreign Affairs, Deputy Dermot Ahern, said he was astounded by what the tribunal was doing. The Minister for Arts, Sport and Tourism, Deputy Se´amus Brennan, supported him and complained of a lack of fairness. The Minister of State, Deputy Dick Roche, accused the tribunal lawyers of being petty, personal and provocative and of asking questions that were quite unacceptable. He referred to unfair procedures that were unacceptable in civilised society, appalling treatment and accused the tribunal of badgering the Taoiseach. The Minister for Transport, Deputy Noel Dempsey, was almost embarrassed by some of the comments of his colleagues. I have some admiration for him for having the courage to say that he believed his colleagues were motivated by political loyalty. That is the Fianna Fa´il world — political loyalty above all else and as long as they are not caught, they can do as they wish. These were not random, unco-ordinated responses by individuals with a genuine concern for fairness or balance. This was a co-ordinated effort organised by the Government press sec- retary, whose function is to be a spokesperson for the Taoiseach, to divert attention away from the detail of the Taoiseach’s evidence to the tribunal and to focus attention on the functioning and other aspects of tribunal activity, such as the cost. The political motivation was clear. Everybody in Government was uncomfortable discussing the Taoiseach’s explanations for the origin of private donations to him in the 1990s. That was understandable. The strategy was, therefore, that attack was the best form of defence. The whispering campaign around Leinster House was that it was all the tribunal’s fault, overpaid lawyers were being paid a fortune in taxpayers’ money, the tribunal was too expensive, it should move more quickly and it no longer represented value for money. It was suggested that it might be time to shut it down and end the costly circus once and for all. We heard the same last night from the Minister for Defence, Deputy Willie O’Dea. He said he and others were raising legitimate questions. It is no coincidence that he happened to be raising legitimate questions at the same time that tribunal lawyers were asking legitimate questions of the Taoiseach, Deputy Bertie Ahern, and questioning the credibility of his evidence to the tribunal. 709 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

[Deputy Simon Coveney.]

People are sick of this type of politics: the cute hoorism, diversionary tactics to divert atten- tion away from finding the truth and the politics of party loyalty over-riding what is in the public interest. Members of the House will wonder and scoff at the headline in today’s Irish Examiner: “Government overtakes Church as our least trusted institution”. The article states that a mere 35% of so-called educated high earners said they trusted the Taoiseach and the Government to do the right thing. That is why this motion from Fine Gael is justified, despite all the other issues that need attention. We would not be an Opposition worth its salt if we did not confront the hypocrisy of Ministers attacking a tribunal that they set up, questioning the costs of which they approved and questioning the delays to which their party members, includ- ing their leader and our Taoiseach, contributed. If the tribunal had got straight answers when it asked for them, it would be over by now and its costs would be far less than they are. That is why this motion is important. We have been forced to reaffirm our confidence in the efforts and mandate of the Mahon tribunal, which is trying to get to the truth about the issues under investigation in an unbiased way, within its remit. We will not allow clever political manoeuvr- ing or bullying to knock the tribunal off its course. The tribunal process has been expensive and it has taken far longer than initially envisaged to get to the bottom of the inquiry. Our priority should be to get accuracy and truth. While we would all like matters to be finalised as speedily as possible and to reduce the tribunal’s expenses as much as possible, it is more important to ensure that the tribunal has an opportunity to establish the facts. The Taoiseach has been called to the tribunal to answer the accusation that he took donations from Mr. Owen O’Callaghan, but he has not yet answered those questions. Fianna Fa´il always argues that the manner in which the Taoiseach is being questioned has no relationship with that fundamental issue. That is not so. The tribunal has always followed the money trail when it has been dealing with those who have appeared before its hearings. It has always tried to examine bank accounts and asked for explanations of where certain account entries came from. The explanation that has been offered in the case of the Taoiseach is simply not credible, unfortunately. That is why almost everyone who discusses this case in family homes and pubs believes it is unreasonable to expect Opposition politicians not to raise legitimate questions about the credibility of the Taoiseach’s evidence. New evidence emerged last night, in the context of payments which were made in 1994, about the Taoiseach’s relationship with Mr. Norman Turner, a Manchester-based developer who was hoping to invest in a large casino development in the Phoenix Park. The Taoiseach went to two Manchester United matches with Mr. Turner in 1993 and 1994. Although Mr. Turner made a donation of $10,000 to Fianna Fa´il through Mr. Des Richardson, that figure never appeared in any Fianna Fa´il accounts. Given that we know the Taoiseach organised a passport for Mr. Turner on 9 August 1994, is it not legitimate to ask whether it is more than a coincidence that the Taoiseach lodged £20,000 on 8 August 1994, the day before the passport was issued? Is it not legitimate to question the fact that the Taoiseach lodged the equivalent of £25,000 sterling — exactly — on 11 October 1994? Is it not legitimate to ask questions about the Taoiseach’s lodgment of the exact equivalent of $45,000 on 5 December 1994? The lodg- ments were made at a time when the current Taoiseach, as the Minister for Finance of the time, was being lobbied by somebody with whom he had attended football matches, and for whom he had organised a passport, to allow a casino to be developed in the Phoenix Park. I would like to respond to the comments of the Green Party Deputies and to reflect on the absence of the Progressive Democrats Deputies throughout this debate. The Green Party chose to lecture Fine Gael on its record. I will not stand up in here and say Fine Gael is without sin in terms of payments to politicians, as it is not without sin. Fine Gael is a big party. We have a job to do to ensure we move things forward in our party in the right manner. We will do 710 Tribunals of Inquiry: 31 January 2008. Motion (Resumed) that, but we will also hold the Government to account. The Green Party is trying to lecture my party on corporate donations, while doing nothing about the receipt of such donations by its partners in government, but we will not take that kind of hypocrisy from them. The Green Party, which spent years on this side of the House jumping up and down about issues of this nature, is now in government. It is in a position to wield influence, but it is choosing not to do so. It used to come in here to say the right thing when it was easy for its Members to say the right thing. In recent times, however, when Fianna Fa´il Ministers have gone on the plinth to undermine and attack the tribunal, the Green Party has chosen to be silent. Green Party Deputies have said during this debate that they support the tribunal and that it should be allowed to get on with its business. They said nothing when their Cabinet colleagues attacked the tribunal, however. That is hypocrisy. We will not take a lecture from the Green Party when it is acting in such a hypocritical manner. The Progressive Democrats once offered hope to many people in this country. I say to its representatives, as a young politician in another European country once said to Tony Blair, “you were the future once”. The Progressive Democrats Deputies are so spineless that they will not come to the House to speak on this motion.

Deputy Charles Flanagan: I wish to deal with two points which have arisen in the context of the Mahon tribunal — the concept of collective Cabinet responsibility and specific aspects of Mrs. Justice Denham’s judgment in the Supreme Court, which has been selectively quoted by Fianna Fa´il Ministers and on which clarification is needed. Collective Cabinet responsibility has been repeatedly undermined by Fianna Fa´il Ministers over recent months. Fianna Fa´il has always been a party that likes to run with the hare and hunt with the hound. Its Deputies are fond of assuming the mantle of opposition when it suits them, while continuing to enjoy the privileges of government. We have seen this in the case of the Aer Lingus debacle at Shannon, just as we have seen it in respect of the Mahon tribunal. We see Ministers, Ministers of State and Government backbenchers behaving in this manner on an almost weekly basis — this week, it was evident in the debate on co-location. Fianna Fa´il has finally professed its confidence in the Mahon tribunal in recent days, since this motion was submitted by members of the Fine Gael Parliamentary Party. This rare display of co-ordination among Cabinet Ministers follows months of sustained attacks on the integrity of the tribunal by a succession of Ministers, including Deputies Brennan, O’Dea and Dermot Ahern, and the Minister of State, Deputy Roche. This wild flip-flopping from one point of view to another among Ministers is worrying. It suggests that while the constitutional provision in respect of Cabinet confidentiality remains alive and well, the equally vital provision for collec- tive responsibility has been seriously wounded by Fianna Fa´il’s opportunism. Article 28.4.2° of the Constitution states:

The Government shall meet and act as a collective authority, and shall be collectively responsible for the Departments of State administered by members of the Government.

The Government has as much of an obligation to uphold the fundamental principles of the Constitution as any other citizen of this State. It is dishonest and hypocritical of individual Ministers to take potshots at the tribunal in an attempt to curry favour with the Taoiseach. The Ministers who criticise the tribunal undermine the concept of collective responsibility because the Government is legally and constitutionally responsible for proposing that the tribunal be established, deciding how it is run and determin- ing how much money is paid to lawyers. Until recently, successive Governments displayed a noble respect for the dignity and importance of the Constitution. Several Ministers resigned rather than breach this law including Richard Mulcahy in 1924, Paddy Smith of Fianna Fa´il in 711 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

[Deputy Charles Flanagan.] 1964 and Frank Cluskey of the Labour Party in 1983. It is rare for Ministers to be allowed to dissent. In the two cases that come to mind — those involving Pat Cooney from my own party and Jim Gibbons from the Fianna Fa´il Party — permission was sought and granted for them to disagree with Cabinet policy. The fundamental importance of collective responsibility to the integrity of government and democracy has been eloquently affirmed by many academics, writers and commentators over the years. In his review of the Constitution, Dr. T.K. Whitaker put it bluntly when he said that “collective responsibility is, in turn, essential to a Government’s ability to plan and act cohes- ively”. Se´amus Dolan of the law faculty at NUIG more recently said:

The concept of cabinet confidentiality flows from the notion of collective responsibility, as referred to in Article 28.4.2. Collective responsibility mandates that individual ministers present a united front to the public, and individual ministers must each offer public support for government decisions and policies, regardless of their own private or personal views on the topic. This, by implication, means the individual minister is not entitled to criticise govern- ment policy or decisions if he wishes to retain his ministerial office.

When Fintan O’Toole wrote recently in The Irish Times about the blatant disregard of the Minister, Deputy O’Dea, for collective Cabinet responsibility in the case of Aer Lingus at Shannon, he spelled out the bottom line regarding the attitude of Fianna Fa´il to the concept:

The governmental chaos of the last week may look like anarchy, but it is really a form of autocracy: the Government owns the Constitution and can do with it what it likes.

The Mahon tribunal has shone a spotlight on the contempt with which this Government has treated the essential principle of collective Cabinet responsibility. This practice must be brought to an end. It is a privilege to serve in Government and that privilege comes at a small cost. Ministers should not need the Attorney General to remind them of their responsibilities but in this case they clearly do. The Taoiseach’s appearances before the Mahon tribunal have highlighted further worrying precedents in the Government’s attitude towards our entire legal system. In their sycophantic quest to defend the Taoiseach, Ministers, and indeed the Taoiseach’s own legal team, have questioned the impartiality and intentions of some of the judges and barristers employed by the State. This is a most worrying precedent. The Govern- ment may begin to object to the modus operandi of the tribunal and seek to cast aspersions on the impartiality of its judges and legal teams. Where will this practice end? Will the Govern- ment now question the integrity of the Supreme Court if its judgments or ways of working do not suit its purposes in the future? A dangerous precedent has been established and that is why it is wholly wrong for Ministers to attack the tribunal for their own narrow party political ends. Equally disturbing is the Government’s practice of selecting sections of a Supreme Court judgment on the tribunal and taking them totally out of context for the purpose of massaging and manipulating public opinion. The Minister for Foreign Affairs, Deputy Dermot Ahern, and others are at fault in this regard. The Supreme Court judgment that Ministers are so fond of quoting only highlights the extraordinary delay caused by the lack of co-operation of the Taoiseach and others with the tribunal’s processes.

Deputy Conor Lenihan: It is not true.

Deputy Charles Flanagan: Mrs. Justice Denham says that a tribunal of such length is the antithesis of an urgent public inquiry. How right she is. The people of this country will be hard pressed to believe that Fianna Fa´il can in any way be concerned about the length of time this 712 Tribunals of Inquiry: 31 January 2008. Motion (Resumed) tribunal is taking when the Taoiseach himself has frustrated and delayed the work of the tribunal with his tactic of constant evasion and confusion.

Deputy Conor Lenihan: That is not true.

Deputy Charles Flanagan: Deputies Roche, Brennan, O’Dea, Dermot Ahern and others have clearly forgotten the other judgment of the same learned Mrs. Justice Denham on the operation of the Mahon tribunal last year. I refer to the second O’Callaghan judgment of 30 March 2007, in which she stated: “the work of the Tribunal is of great importance to the community ... The very institution of the Tribunal with its powers risks baseless allegations being made”. This was prophetic indeed, except that no one expected the baseless allegations to come from the corri- dors of power not far from where we are sitting. The Denham judgment refutes all allegations of unfairness and bias in the tribunal’s pro- cedures. Mrs. Justice Denham categorically refutes these allegations when she states: “A reasonable person, having knowledge of all the facts, and perceiving these decisions of the Tribunal . . . would not have a reasonable apprehension of bias, impartiality or unfairness on behalf of the Tribunal, [and] would not have a reasonable apprehension of prejudgment on the issue of credibility by the Tribunal.” She then comments on the procedures of the tribunal, which have since been scathed by the Fianna Fa´il Cabinet, saying that in the first instance the tribunal had established its own procedures, none having been given to it by the Government, and that those procedures had in fact illustrated a very careful approach by the tribunal all along. Mrs. Justice Denham also calls on bodies not to interfere with the work of the tribunal, stating that it was highly undesirable that the court would have to be called in to review the work of the tribunal while it is still at hearing. She stated that it was the people’s representatives who had established the tribunal and set its terms of reference and that no time limit was set by the Oireachtas for the tribunal to complete its work. These are things that are unlikely to be repeated, but it was this House and this Government that established the tribunal, this Government that set its terms of reference, and this Govern- ment that chose not to place a time limit on its operation, and now it is this Government that is seeking to undermine the credibility of the tribunal and its work, but only because it has become too close to the heart of the Government, namely the Taoiseach and his finances. I listened with interest to Deputy Mansergh speaking about people on this side of the House prejudging the tribunal.

Deputy Conor Lenihan: That is right.

Deputy Charles Flanagan: Only this morning, when talking about certain matters that have come to light and will be referred by Fine Gael to the Mahon tribunal, as mentioned by Deputy Coveney, Deputy Mansergh told the nation on radio that the matters are both insignificant and irrelevant. Yet he spoke this morning in the House about prejudging. Deputy Cuffe made a point about the independence of the Judiciary and the separation of powers. I agree with what he said on both counts. I advise Deputy Cuffe and his Green Party colleagues not to direct their ire towards this side of the House. If he respects the independence of the Judiciary and upholds the separation of powers, let him address the matter to his Fianna Fa´il colleagues in Government, with whom he shares a lot of time, particularly in recent months.

Deputy Lucinda Creighton: It is important to note that this motion is essentially an attempt to restore public confidence in the Mahon tribunal and its procedures and in the concept of upholding standards in public office and public life. I probably speak for a number of the newer 713 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

[Deputy Lucinda Creighton.] Deputies when I say that I am absolutely aghast not only at the defensive and hypocritical response we have heard from Government representatives in the Chamber last night and this morning but also at the nature of their attacks over the last number of months. The tribunal was set up to try to clean up politics, rout out corruption and establish the truth about payments to politicians. It has gone some distance towards achieving these aims. It has been working to the best of its ability within the framework established by the Oireachtas — by a Fianna Fa´il- led Government — to establish the facts. At the time the tribunal was established and during the course of its proceedings and the publication of a number of interim reports, most of the senior Cabinet Ministers who spoke on this motion last night and today, as well as the Taoiseach himself, affirmed and reaffirmed their confidence in the value and virtue of the tribunal. I will highlight some quotes from the Taoiseach in this regard. Speaking in this Chamber in 2002 about former Deputy Ray Burke, he stated:

The Government has initiated the most far reaching inquiries, not only in the history of this State, but in the recent history of most democratic countries. We are determined to find the truth, whatever it is.

Later, he went on to say:

The uncovering of a previously hidden and unacceptable past has undermined confidence in the administration of our affairs. For politics to recover the confidence of the people the facts must be laid bare...

This is almost laughable in view of the Taoiseach’s approach to the tribunal over the last number of months and years. Deputy Mansergh, who has left the Chamber, has stated again and again his confidence in the tribunal, the Taoiseach and the accounts which he put before the public both before the general election and subsequently. However, speaking in Seanad E´ ireann in 2002, he stated: “One of the salutary lessons of the interim report [from the Flood tribunal, now the Mahon tribunal], which will apply to other tribunals and also the future work of the Flood tribunal, is that it gives a clear answer to those who might be tempted to give tribunals the run-around, concoct fantastic or preposterous stories to explain inconsistencies or, in general, show con- tempt, through the tribunals, to the Oireachtas and the people”. How far Deputy Mansergh has come since he moved from Seanad E´ ireann to Da´il E´ ireann. The most worrying aspect of this is that for the past six months an independent tribunal of inquiry has come under sustained attack not only by members of the Fianna Fa´il Party but also by senior, eminent Cabinet Ministers. They have bombarded the media with press statements containing attacks on and allegations about the operation and independence of 12 o’clock the tribunal. It is time we laid them bare and exposed the myths they have put forward. Deputies O’Dea, Dermot Ahern, Hanafin and Roche have all quest- ioned the tribunal at various points. Deputy Roche stated of the tribunal: “It was petty, it was personal, it was prurient”. He was referring to the cross-examination of the Taoiseach, some- thing that is a natural part of any tribunal of inquiry and is clearly a fundamental step in establishing the truth about the tribunal’s subject matter. The most significant aspect of the sustained attacks by Cabinet Ministers is their timing. The most disingenuous argument that has emanated from the Government benches on this tribunal is that it has taken too long, been delayed and it is time it concluded its work. This attack has emerged only in the last six months when the Taoiseach went before the tribunal to give evidence in September and December. Before that we heard nothing from these Ministers. Over the last six to nine years there were 714 Tribunals of Inquiry: 31 January 2008. Motion (Resumed) no questions or criticisms on the delays in the tribunal from the Government benches. To allege that the issue that concerns Cabinet Ministers is the length of time this tribunal is taking is untrue, misleading and disingenuous. This is a concerted attempt in the last few months to undermine the tribunal because Ministers are not happy with its findings, the evidence emerg- ing and the questions the Taoiseach has to answer on his tax affairs, personal donations he received and, as we have seen in the last 24 hours, links between him and particular developers and his facilitation of their passport needs. We have seen the mantle of corruption passed through the generations of leadership in Fianna Fa´il from former Taoiseach Mr. Charles Haughey, former Deputy Ray Burke and Deputy Bertie Ahern. We are all aware of the issues with Deputy Bertie Ahern signing blank cheques for his mentor Mr. Haughey. That mantle of corruption is being passed to the new and future leadership of Fianna Fa´il and this is a significant issue. During the debate on the motion of no-confidence in the Taoiseach we proposed in October, Cabinet Ministers entered this Chamber one by one to defend the Taoiseach. They too are tainted, and shall be tainted in the future. On “Prime Time” Deputy Barry Andrews said the tribunal is not a legal process. It is appalling for a Member of this House to say that. It is a violation of the separation of powers.

Deputy Conor Lenihan: It is not. Deputy Creighton should spend more time studying law.

Deputy Lucinda Creighton: It is time for the Government to stand up and defend the integ- rity of a tribunal it established.

Deputy Jimmy Deenihan: This motion is a response to an orchestrated and sustained attack on the tribunal by Fianna Fa´il Cabinet Ministers and some Ministers of State over the past six months. A number of Ministers set out to undermine, intimidate and discredit the workings of the tribunal. I have been in this House for approximately 21 years and I have never before seen this precedent set by Ministers. I wonder why. This is a clear and simple motion that supports the view that the tribunal is working independently without bias and within the remit contained in the terms of reference set by the Oireachtas. Fianna Fa´il Ministers have filled the airways with accusations that the tribunal is operating outside this remit and is biased. If they maintain this view they should place it on record in this House, which they have not done. They have attacked the tribunal for the past six months and they attack Fine Gael for proposing this motion. The choreography of what happened in the House before and since is well-directed by the press offices of the Government or Fine Gael — or rather, Fianna Fa´il.

Deputy Conor Lenihan: Deputy Deenihan is mixing his parties. He is in Fine Gael, we are in Fianna Fa´il.

Deputy Simon Coveney: There is no confusion there.

Deputy Jimmy Deenihan: These attacks by Fianna Fa´il Ministers on the tribunal are due to the tribunal’s progressing with its work in finding the truth, a truth that does not suit Fianna Fa´il. As a number of speakers mentioned, in 1997 the Taoiseach said in the Da´il that the most efficient and effective way to progress this type of inquiry is to follow the money trail, and the tribunal is doing that. A number of speakers referred to the cost and length of time of the tribunal. The delays are due to the obfuscation and contradictory statements by many of the principal participants in the tribunal, including the Taoiseach. The reasons for the attacks on the tribunal by Fianna Fa´il Ministers will be revealed only when the findings of the tribunal are published. 715 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Minister for Social and Family Affairs (Deputy Martin Cullen): I wish to share time with Deputy Conor Lenihan. The Tribunal to Inquire into Certain Planning Matters and Payments, established by the Oireachtas has today, as it has had for the last ten years, all the resources, powers and independence it requires to complete its work. In his speech opening the debate Deputy Kenny clearly outlined that he and his party have no difficulty prejudging the tribunal’s findings. At the same time, without a hint of irony, he suggested that any Minister raising a question is a “boot boy” who is “intimidating” the tribunal. Fine Gael has also denounced as “sinister” statements which come nowhere near the type of criticisms levelled by judges of the High Court and Supreme Court. The course of this debate has confirmed the suspicion that Fine Gael’s motion is all about politics and nothing to do with a genuine concern that the tribunal be free to fulfil its terms of reference. This superficial and complacent motion betrays the motivation of a party which is desperate for others to achieve for it what three leaders have failed to do. Only in the com- pletion of its work and the publication of its final report will we be able to form a real judge- ment on the tribunal. In the interim, Members of this House are entitled to raise concerns if they so choose. To seek to gag them with the idea that such questions interfere with the tribunal is ludicrous. The largest and most consistent attempt to undermine the tribunal has been from those who have sought to manipulate its proceedings in different ways, including through the near decade- long selective leaking of documents. The tribunal has heard evidence of it receiving allegations culled from media reports and passed off as first-hand. It has heard of a principal witness being used by a journalist to pass on rumours in the form of allegations. It has confirmed the receipt of forged material designed to back up a false allegation. In concluding its work, and to demon- strate that it has been balanced, the tribunal will have to pay attention to these and other examples of the abuse and manipulation of its proceedings. The tribunal should also explain how it can justify bringing The Irish Times to the Supreme Court and threatening its journalists with jail over one leak when no action is being taken to follow up the tidal wave of leaks printed by others. A circulation policy which all but guarantees these leaks requires either amendment or a better justification than has been provided. All parties agree that the cost of the tribunal is excessive. It is a pity that the new lower daily rates which former Minister Charlie McCreevy proposed were not accepted by the tribunal’s personnel. However, we would today be hearing even louder attacks if the Government had insisted on these new rates to such an extent that the personnel had resigned. The solution to the obvious shortcomings of the tribunal on cost and duration is to be found in the Bill pub- lished by the last Government. It is only by enacting it that we will have the right framework for ensuring that inquiries on serious public matters can be carried out more effectively in future.

Deputy Charles Flanagan: That is a camouflage for closing the tribunal.

Deputy Martin Cullen: Through this Bill, not through motions such as this, public confidence in tribunals can be assured. Since 1997 the legal and administrative framework within which politicians at local and national levels operate has been transformed. Many of the abuses which have been dealt with at the tribunal have been addressed comprehensively. We need the tri- bunal’s work to proceed to a conclusion, which includes treating all persons fairly and to the same standards. It should also involve seeking to challenge those who have caused it serious difficulty through attempting to manipulate it. The legislation we have enacted for the tribunal and the resources which the Government has provided for it ensure it is free to carry out its work with full independence.

An Leas-Cheann Comhairle: The Minister of State, Deputy Conor Lenihan, has 50 seconds. 716 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Deputy Conor Lenihan: I must say, a Leas-Cheann Comhairle, that Fine Gael Members are behaving in a bitter and misguided way in this debate.

Deputy Fergus O’Dowd: He has 50 seconds. Will he combust?

Deputy Conor Lenihan: In particular, this morning Deputy Phil Hogan tried to make an issue of the fact that Mr. Norman Turner, a gentleman who is not a Member of this House, obtained an Irish passport through the constituency office of the Taoiseach, Deputy Bertie Ahern. That is totally and utterly wrong.

Deputy Simon Coveney: It is true. Is the Deputy saying it is not true?

Deputy Conor Lenihan: It is a totally bitter and confused state that Fine Gael is in if it is has become a hanging offence in this House for someone to transact a passport application for a person, namely, Mr. Turner. That is a totally ridiculous, low level of debate to which Fine Gael is stooping. I find it ironic, in particular, that the person who did this is Deputy Hogan, the man who decided, in all his subtlety, to leak the budget by fax to a newsroom.

Deputy Fergus O’Dowd: At least he resigned, unlike the Minister of State’s crowd.

Deputy Conor Lenihan: It is really strange that he said on “Morning Ireland” this morning that he will hand the application information to the tribunal.

(Interruptions).

Deputy Conor Lenihan: In other words, the tribunal will presumably spend another ten years investigating why almost every Member of this House transacts passport applications on behalf of constituents——

An Leas-Cheann Comhairle: I am loathe to interrupt——

Deputy Conor Lenihan: ——or interested parties.

(Interruptions).

Deputy Conor Lenihan: This is the kind of ridiculous inquiry that the Opposition would like the tribunals to carry out.

An Leas-Cheann Comhairle: I am loathe to interrupt the Deputy but I now call on Deputy Phil Hogan——

Deputy Conor Lenihan: If the tribunal foolishly takes Deputy Hogan’s advice with regard to this passport application, we will be waiting another 100 years for its report.

An Leas-Cheann Comhairle: I call on Deputy Hogan to conclude the debate.

Deputy Phil Hogan: This debate is important and should not be trivialised by the Minister of State, Deputy Conor Lenihan, because it gives us a special window on the future of Irish politics and the standards that we must all embrace. It provides a real opportunity for those on the other side of the House who have been conferred with leadership status or have leadership ambitions, like the Minister for Finance, Deputy Cowen, to place a distinctive footprint on the political stage. It also allows those, such as the junior Ministers and junior Government part- ners, who present themselves publicly as being wed to principle, probity and the public good, to put substance behind their public posturing. 717 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

[Deputy Phil Hogan.]

There are times in politics when people believe they must take a stand on what is right and proper. They must be brave, courageous and act out of real concern for the wider community rather than their own personal interest. They must display true leadership, conviction and integrity, even if that discommodes long-standing friendships, upsets personal convenience or threatens the preservation of patronage and power. They must eschew political loyalties, if that is required, to do what is right and proper. The Mahon tribunal arose primarily as a result of the actions of dishonest, dishonourable and deceitful people who put their personal gain above the achievement of the public good that they were either elected, or employed, to serve. The dishonour they have conferred on what should have been a noble calling to the profession of politics, an honour and a privilege that has been given to us by our constituents, is incalculable. The actions of the few have cast a slur on all politicians and it will take at least a generation of politics before that slur is lifted. They have blighted us all. What is equally important to recognise is that the Mahon tribunal arose because of an inad- equate ethics and public standards regime. Since the mid-1990s, we have introduced a new regime of ethics in public office, which has played catch-up ever since. We have a bolt-on ethics regime, one which has evolved and developed as each political scandal unfolds, and we discover the inadequacy of the previous legislation. The ethics regime seems to be arriving breathless at each new scandal and requires the topical treatment of new legislation to allow it to prepare for the next ethics crisis. The Minister for Finance has impeded and frustrated the resourcing and reform of the Standards in Public Office Commission. One section of the Government amendment deals with the Tribunals of Inquiry Bill 2005. That Bill provides for the suspension, under section 9, and the dissolution, under section 10, of a tribunal of inquiry, on notice to the Chairman and after a resolution has been passed by the Houses of the Oireachtas. The Bill applies to tribunals already established and any which may subsequently be established by the Oireachtas. Enacting this Bill while the Mahon tribunal is in session is an implicit threat to that tribunal and its operations. True independence of the tribunal requires that the Oireachtas does not purport, either by accident or design, to under- mine or threaten it, personally, in terms of its members, or institutionally, as an operative body. The debate and enactment of this Bill should be delayed until the tribunal has concluded its business and presented its report to this House. The Government amendment also supports the opportunity to discuss procedures and prac- tices involved in investigating matters mandated by the Oireachtas. Fine Gael opposes this element of the amendment on the grounds that it formalises the explicit and implicit undermin- ing of the tribunal by Ministers in this debate forum. This is nothing more than a cover for sniping at the tribunal in the manner which we have seen in the past couple of months, when the heat is rising in respect of the Taoiseach’s evidence. The Taoiseach and Fianna Fa´il Ministers have, on many occasions, referred to leaks from the tribunal and cast a shadow of doubt over whether the tribunal was the source of the leaks of confidential information. Such behaviour is completely unacceptable. In response to these attacks by Fianna Fa´il on the tribunal, Judge Mahon had to use up valuable tribunal time to engage in an intensive investigation to refute these attacks. This investigation involved ques- tioning all relevant tribunal staff and Judge Mahon concluded that no evidence was found that the tribunal was in any way responsible for leaking any confidential information. However, Fianna Fa´il continues to attack the tribunal and lay the blame for leaks firmly at its doorstep. What is Fianna Fa´il’s real motive? Perhaps it should look closer to home for the source of the leaks. In the words of Judge Mahon, perhaps the reason information was leaked was “to try 718 Tribunals of Inquiry: 31 January 2008. Motion (Resumed) and damage the Tribunal itself by allowing it to be suggested, or inferred, that the Tribunal has been the source of leaking of confidential material to others”. I am sure Deputy Noel Tracey can remember telling everyone, over the airwaves, that the tribunal was responsible for the leaks and that he even knew who was doing it. However, he was forced into an incredible and humiliating admission that he had no evidence, or any basis to form this opinion, once he was questioned by the tribunal. Again, this was a diversionary tactic by Fianna Fa´il to keep attention away from the Taoiseach. I have no doubt that this tribunal will continue its work to find the truth, despite continued Fianna Fa´il sniping and obstructionist tactics. I support the amendment proposed by the Labour Party, particularly with regard to fees. The Government had an opportunity in 2004 to deal with the fees, if it was serious about reducing them. It went up the hill but came back down again when it discovered that its proposals were not acceptable to tribunal personnel and, effectively, that the tribunal could be closed down. I wish to make a number of additional remarks concerning the passport issue that I raised yesterday. On 8 July 1994, Mr. John Hynes, Chairman of the National Lottery board, wrote to Mr. Bertie Ahern, then Minister for Finance, advising him that the National Lottery was study- ing the feasibility of a casino and invited his views. On 4 August 1994, Mr. Ray Bates, Chief Executive of the National Lottery, informed the Department of Finance that Mr. Hynes had informal contact with the Department of the Taoiseach and had been in touch with the Vector Ogden group about proposals which involved a casino on the Phoenix Park site. On 31 August 1994, Mr. Hynes briefed the Department of Finance, of which Deputy Bertie Ahern was Mini- ster, on his involvement with the casino project. He indicated that he had a series of meetings with the promoters of the Vector Ogden group and that the real driving force regarding casino matters was Mr. Norman Turner. Mr. Hynes reported that he had explained to Mr. Turner that the casino project would involve amending gaming and lotteries legislation, something which successive Ministers for Justice had been loathe to do. According to the Department of Finance file, “Mr. Turner said that he had had a series of meetings with Government Ministers, including the Minister for Finance, from which he claimed to have received assurances that there would be no problem about the amending of legislation”. Mr. Hynes’s briefing on 31 August 1994 also involved confirmation that he had briefed the then Minister for Finance, Deputy Bertie Ahern, on his contacts with the casino promoters. In the course of that briefing Mr. Hynes expressed concern about the scale of gambling operations envisaged. According to the Department of Finance file, the then Minister, Deputy Bertie Ahern, apparently shared Mr. Hynes’s misgivings about the extent of gaming machines involved in the project but, other than that issue, there is no indication that he expressed opposition to the concept of the casino project.

Deputy Conor Lenihan: He opposed it publicly.

Deputy Phil Hogan: The Taoiseach was privately promoting the project in 1994 but in 1997, when the issue became hot with local residents, he decided to switch tack in order to gain votes in the 1997 general election.

Deputy Fergus O’Dowd: In classic Fianna Fa´il style.

Deputy Phil Hogan: There was chaos and contradictions, and now there is cowardice. That is the sum total of this Government’s assault on the Mahon tribunal. For the past year or more, Fianna Fa´il Ministers have relentlessly attacked the tribunal. One Minister after another has 719 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

[Deputy Phil Hogan.] come out to attack it. One Minister after another has impugned its integrity. One complaint after another has been made in an effort to distract from the chaos of the Taoiseach’s evidence. Let me be absolutely clear, particularly when addressing the Minister of State, Deputy Conor Lenihan — I am not referring to the chaos of the Taoiseach’s personal finances. Rather, I am referring to the chaos of his evidence. One day, black is white. The next day, the suggestion is that he never stated black was white and that he meant black was pink. In the context of the coalition Government, black is green with a tinge of blue, the Progressive Democrats. Chaos is a great distraction from truth. The Taoiseach is a past master at creating chaos. Around the inescapable contradiction, he blames the passage of time, the media and the tri- bunal. Out come his Ministers, such as the Minister of State, Deputy Conor Lenihan, in support of the unsupportable. Out come his Ministers cloaking their protection of their leader by dis- cussing the cost of the lawyers, about which they failed to do anything and in respect of whose fees they agreed originally, or the time taken by the tribunal. They do not discuss whether witnesses such as Ray Burke, Liam Lawlor, Frank Dunlop or the Taoiseach himself spoke honestly in private or public session at or in correspondence with the tribunal. If they spoke honestly when asked the relevant questions, the tribunal would have concluded years ago.

Deputies: Hear, hear.

Deputy Phil Hogan: The Taoiseach has difficulty divvying up the truth. He has forced the tribunal to keep digging, as was its right and remit. However, cowardice came into play this week. Suddenly, the Government was not really attacking the tribunal. In Fianna Fa´il’s amend- ment, it accepts the independence of the Mahon tribunal and has removed any of the references to bias and lack of fairness made by successive Ministers before Christmas. Fianna Fa´il accepts the tribunal is doing its job independently and well, for which I thank the party, but this is a new variation of the Fianna Fa´il characteristic of opportunism, namely, opportunism by cow- ardice. It is watering down what it stated originally and relying on the pathetic acquiescence of the Progressive Democrats and the equally disgraceful collusion of the Green Party. Play the numbers game and the Taoiseach will hang on. Yesterday, the Irish Independent described the events as “Ahern’s GUBU day”. We believed that we had got away from the era of GUBU, putting it behind us long ago.

Deputy Conor Lenihan: The Deputy is still scarred by it.

Deputy Phil Hogan: Revelation after revelation about the Taoiseach’s personal finances lead us to believe that we are heading into GUBU 2. I am delighted that the Minister of State raised personal remarks. Fine Gael Members, irrespective of whether we are directly responsible for our actions, know the difference between right and wrong.

Deputy Conor Lenihan: Is that why Fine Gael paid its staff under the counter for five years?

Deputy Phil Hogan: I wish the Government well in deciding what is right and wrong. The Minister of State knows that the standards of public integrity Fine Gael has tried to uphold——

Deputy Conor Lenihan: The Deputy was in charge of the Fine Gael HQ at the time. He authorised it.

Deputy Phil Hogan: ——are a long way ahead of anything he will ever know.

An Leas-Cheann Comhairle: In accordance with the Order of the Da´il of this day, I must now put the following question on the amendment moved by Deputy Gilmore to amendment 720 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

No. 1 in the name of the Minister for the Environment, Heritage and Local Government: “That the words proposed to be deleted stand part of the question.”

Question put.

The Da´il divided: Ta´, 76; Nı´l, 70.

Ta´

Ahern, Dermot. Haughey, Sea´n. Ahern, Michael. Hoctor, Ma´ire. Ahern, Noel. Kelly, Peter. Andrews, Barry. Kenneally, Brendan. Andrews, Chris. Kennedy, Michael. Ardagh, Sea´n. Kirk, Seamus. Aylward, Bobby Kitt, Michael P. Behan, Joe Kitt, Tom. Blaney, Niall. Lenihan, Conor. Brady, A´ ine. Lowry, Michael. Brady, Cyprian. Mansergh, Martin. Brady, Johnny. McEllistrim, Thomas. Brennan, Se´amus. McGrath, Finian. Browne, John. McGrath, Mattie. McGrath, Michael. Byrne, Thomas. Moloney, John. Calleary, Dara. Moynihan, Michael. Carey, Pat. Nolan, M.J. Collins, Niall. O´ Cuı´v, E´ amon. Conlon, Margaret. O´ Fearghaı´l, Sea´n. Coughlan, Mary. O’Brien, Darragh. Cregan, John. O’Connor, Charlie. Cuffe, Ciara´n. O’Dea, Willie. Cullen, Martin. O’Flynn, Noel. Curran, John. O’Hanlon, Rory Dempsey, Noel. O’Keeffe, Batt. Devins, Jimmy. O’Keeffe, Edward. Dooley, Timmy. O’Rourke, Mary. Fahey, Frank. O’Sullivan, Christy. Finneran, Michael. Power, Peter. Fitzpatrick, Michael. Ryan, Eamon. Fleming, Sea´n. Sargent, Trevor. Flynn, Beverley. Scanlon, Eamon. Gallagher, Pat The Cope. Smith, Brendan. Gogarty, Paul. Treacy, Noel. Gormley, John. Wallace, Mary. Grealish, Noel. White, Mary Alexandra. Hanafin, Mary. Woods, Michael. Harney, Mary.

Nı´l

Allen, Bernard. Doyle, Andrew. Barrett, Sea´n. Durkan, Bernard J. Breen, Pat. English, Damien. Broughan, Thomas P. Enright, Olwyn. Bruton, Richard. Feighan, Frank. Burke, Ulick. Flanagan, Charles. Burton, Joan. Flanagan, Terence. Byrne, Catherine. Gilmore, Eamon. Carey, Joe. Gregory, Tony. Clune, Deirdre. Hayes, Brian. Connaughton, Paul. Hayes, Tom. Coonan, Noel J. Higgins, Michael D. Coveney, Simon. Hogan, Phil. Crawford, Seymour. Howlin, Brendan. D’Arcy, Michael. Kehoe, Paul. Deasy, John. Kenny, Enda. Deenihan, Jimmy. Lynch, Ciara´n. 721 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Nı´l—continued

Lynch, Kathleen. O’Sullivan, Jan. McCormack, Pa´draic. Penrose, Willie. McEntee, Shane. Perry, John. McGinley, Dinny. Quinn, Ruairı´. McHugh, Joe. Rabbitte, Pat. McManus, Liz. Reilly, James. Ring, Michael. Mitchell, Olivia. Shatter, Alan. Morgan, Arthur. Sheahan, Tom. Naughten, Denis. Sheehan, P.J. Neville, Dan. Sherlock, Sea´n. Noonan, Michael. Shortall, Ro´ isı´n. O´ Caola´in, Caoimhghı´n. Stagg, Emmet. O´ Snodaigh, Aengus. Stanton, David. O’Donnell, Kieran. Tuffy, Joanna. O’Dowd, Fergus. Upton, Mary. O’Keeffe, Jim. Varadkar, Leo. O’Mahony, John. Wall, Jack. O’Shea, Brian.

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

Question declared carried.

Amendment to amendment declared lost.

Amendment put.

The Da´il divided: Ta´, 76; Nı´l, 67.

Ta´

Ahern, Dermot. Gormley, John. Ahern, Michael. Grealish, Noel. Ahern, Noel. Hanafin, Mary. Andrews, Barry. Harney, Mary. Andrews, Chris. Haughey, Sea´n. Ardagh, Sea´n. Hoctor, Ma´ire. Aylward, Bobby. Kelly, Peter. Behan, Joe. Kenneally, Brendan. Blaney, Niall. Kennedy, Michael. Brady, A´ ine. Kirk, Seamus. Brady, Cyprian. Kitt, Michael P. Brady, Johnny. Kitt, Tom. Brennan, Se´amus. Lenihan, Conor. Browne, John. Lowry, Michael. Byrne, Thomas. Mansergh, Martin. Calleary, Dara. McEllistrim, Thomas. Carey, Pat. McGrath, Finian. Collins, Niall. McGrath, Mattie. Conlon, Margaret. McGrath, Michael. Coughlan, Mary. Moloney, John. Cregan, John. Moynihan, Michael. Cuffe, Ciara´n. Nolan, M.J.. Cullen, Martin. O´ Cuı´v, E´ amon. Curran, John. O´ Fearghaı´l, Sea´n. Dempsey, Noel. O’Brien, Darragh. Devins, Jimmy. O’Connor, Charlie. Dooley, Timmy. O’Dea, Willie. Fahey, Frank. O’Flynn, Noel. Finneran, Michael. O’Hanlon, Rory. Fitzpatrick, Michael. O’Keeffe, Batt. Fleming, Sea´n. O’Keeffe, Edward. Flynn, Beverley. O’Rourke, Mary. Gallagher, Pat The Cope. O’Sullivan, Christy. Gogarty, Paul. Power, Peter. 722 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Ta´—continued

Ryan, Eamon. Treacy, Noel. Wallace, Mary. Sargent, Trevor. White, Mary Alexandra. Scanlon, Eamon. Woods, Michael. Smith, Brendan.

Nı´l

Allen, Bernard. McEntee, Shane. Barrett, Sea´n. McGinley, Dinny. Breen, Pat. McHugh, Joe. Broughan, Thomas P. McManus, Liz. Bruton, Richard. Mitchell, Olivia. Burke, Ulick. Morgan, Arthur. Burton, Joan. Naughten, Denis. Byrne, Catherine. Neville, Dan. Carey, Joe. Noonan, Michael. Connaughton, Paul. O´ Caola´in, Caoimhghı´n. Coonan, Noel J. O´ Snodaigh, Aengus. Coveney, Simon. O’Donnell, Kieran. Crawford, Seymour. O’Dowd, Fergus. D’Arcy, Michael. O’Keeffe, Jim. Deasy, John. O’Mahony, John. Deenihan, Jimmy. O’Shea, Brian. Doyle, Andrew. O’Sullivan, Jan. Durkan, Bernard J. Penrose, Willie. English, Damien. Perry, John. Enright, Olwyn. Quinn, Ruairı´. Feighan, Frank. Rabbitte, Pat. Flanagan, Charles. Reilly, James. Gilmore, Eamon. Ring, Michael. Gregory, Tony. Shatter, Alan. Hayes, Brian. Sheahan, Tom. Hayes, Tom. Sheehan, P.J. Higgins, Michael D. Sherlock, Sea´n. Hogan, Phil. Shortall, Ro´ isı´n. Howlin, Brendan. Stagg, Emmet. Kehoe, Paul. Tuffy, Joanna. Kenny, Enda. Upton, Mary. Lynch, Ciara´n. Varadkar, Leo. Lynch, Kathleen. Wall, Jack. McCormack, Pa´draic.

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

Amendment declared carried.

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

The Da´il divided: Ta´, 76; Nı´l, 67.

Ta´

Ahern, Dermot. Brennan, Se´amus. Ahern, Michael. Browne, John. Ahern, Noel Byrne, Thomas. Andrews, Barry. Calleary, Dara. Andrews, Chris. Carey, Pat. Ardagh, Sea´n. Collins, Niall. Aylward, Bobby. Conlon, Margaret. Behan, Joe. Coughlan, Mary. Blaney, Niall. Cregan, John. Brady, A´ ine. Cuffe, Ciara´n. Brady, Cyprian. Cullen, Martin. Brady, Johnny. Curran, John. 723 Tribunals of Inquiry: 31 January 2008. Motion (Resumed)

Ta´—continued

Dempsey, Noel. McGrath, Finian. Devins, Jimmy. McGrath, Mattie. Dooley, Timmy. McGrath, Michael. Fahey, Frank. Moloney, John. Finneran, Michael. Moynihan, Michael. Fitzpatrick, Michael. Nolan, M.J. ´ ´ Fleming, Sea´n. O Cuı´v, Eamon. ´ Flynn, Beverley. O Fearghaı´l, Sea´n. Gallagher, Pat The Cope. O’Brien, Darragh. O’Connor, Charlie. Gogarty, Paul. O’Dea, Willie. Gormley, John. O’Flynn, Noel. Grealish, Noel. O’Hanlon, Rory. Hanafin, Mary. O’Keeffe, Batt. Harney, Mary. O’Keeffe, Edward. Haughey, Sea´n. O’Rourke, Mary. Hoctor, Ma´ire. O’Sullivan, Christy. Kelly, Peter. Power, Peter. Kenneally, Brendan. Ryan, Eamon. Kennedy, Michael. Sargent, Trevor. Kirk, Seamus. Scanlon, Eamon. Kitt, Michael P. Smith, Brendan. Kitt, Tom. Treacy, Noel. Lenihan, Conor. Wallace, Mary. Lowry, Michael. White, Mary Alexandra. Mansergh, Martin. Woods, Michael. McEllistrim, Thomas.

Nı´l

Allen, Bernard. McEntee, Shane. Barrett, Sea´n. McGinley, Dinny. Breen, Pat. McHugh, Joe. Broughan, Thomas P. McManus, Liz. Bruton, Richard. Mitchell, Olivia. Burke, Ulick. Morgan, Arthur. Burton, Joan. Neville, Dan. Clune, Deirdre. Noonan, Michael. Connaughton, Paul. O´ Caola´in, Caoimhghı´n. Coonan, Noel J. O´ Snodaigh, Aengus. Coveney, Simon. O’Donnell, Kieran. Crawford, Seymour. O’Dowd, Fergus. D’Arcy, Michael. O’Keeffe, Jim. Deasy, John. O’Shea, Brian. Deenihan, Jimmy. O’Sullivan, Jan. Doyle, Andrew. Penrose, Willie. Durkan, Bernard J. Perry, John. English, Damien. Quinn, Ruairı´. Enright, Olwyn. Rabbitte, Pat. Feighan, Frank. Reilly, James. Flanagan, Charles. Ring, Michael. Flanagan, Terence. Shatter, Alan. Gilmore, Eamon. Sheahan, Tom. Gregory, Tony. Sheehan, P.J. Hayes, Brian. Sherlock, Sea´n. Hayes, Tom. Shortall, Ro´ isı´n. Higgins, Michael D. Stagg, Emmet. Hogan, Phil. Stanton, David. Howlin, Brendan. Timmins, Billy. Kehoe, Paul. Tuffy, Joanna. Kenny, Enda. Upton, Mary. Lynch, Ciara´n. Varadkar, Leo. Wall, Jack. Lynch, Kathleen. McCormack, Pa´draic.

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

Question declared carried.

724 Barron Reports: 31 January 2008. Statements (Resumed)

Barron Reports: Statements (Resumed). Deputy Caoimhghı´nO´ Caola´in: A firm commitment was made by the Taoiseach during the Twenty-ninth Da´il that a full-scale debate on collusion would be held following the publication of the report of Patrick MacEntee, SC, into the Garda and Government investigation of the Dublin and Monaghan bombings of 1974. The MacEntee report was published in April 2007. The promised debate was not held soon thereafter as promised, nor was it held during the remainder of the Twenty-ninth Da´il.

An Leas-Cheann Comhairle: I ask the House to give attention, please.

Deputy Enda Kenny: The Minister for Education and Science is giving away schools.

Deputy Caoimhghı´nO´ Caola´in: Thank you, a Leas-Cheann Comhairle. Only now has the Government finally scheduled this statement opportunity. This has been especially disap- pointing and frustrating for the families of victims of collusion. The form of the so-called debate is unsatisfactory as there is no motion and no proposal for action. It is also frustrating in the extreme that this debate has been given a title that does not mention the word “collusion”. The investigations by Mr. Justice Barron, the reports of the joint Oireachtas committee and the inquiry of Patrick MacEntee, SC, were not, as the title states vaguely, on “violent incidents arising from the conflict in Northern Ireland”. They were on attacks, including mass murders, where British State collusion with Unionist paramilitaries was strongly indicated. Throughout the long search for truth on collusion, there has been an attempt by some to muddy the waters, a process that serves only further to shield those at the highest level in the British State who bore ultimate responsibility. I hope that muddying of the waters is not repeated in the remainder of this two-day opportunity. Every singe death in the conflict was a tragedy. No family’s grief counts less than any other and there should never be a hierarchy of victims. That is the overall context in which we address deaths arising from the conflict. However, it is necessary to be specific and to deal frankly and honestly with the issue of where responsibility lies and how and why many of the tragedies of our past took place. In Ireland, as in conflicts across the world, the Government in power held all the advantages in terms of controlling the apparatus of the State, the legal system and, to a great extent, the mass media. The British Government tried to convince the world that it was a peacekeeper, a policeman, a neutral force keeping the warring sides apart. It tried to mask its central role in the conflict. It was for this reason that it resorted so extensively to collusion. It was better to have Unionist paramilitaries front the war than to have the international embarrassment of the British army and the RUC carrying out an open campaign of terror in the manner of the Black and Tans. To the shame of successive Irish Governments they co-operated to a great extent with the British Government in its so-called security strategies. They turned a blind eye to collusion. British agents worked within the Garda. There was open co-operation with the RUC during the worst phase of its repression against the Nationalist community in the Six Counties. Political prisoners were extradited to face the Diplock Court system. Even as the Irish Government politely protested about the fate of the Birmingham Six, the Guildford Four and other victims of British State injustice, it was sending its citizens into that system. This is the reality which many in this House, now as in the past, are unwilling to state. Let us make clear what this debate is about. It primarily concerns the acts of collusion or direct action by British forces which led to loss of life in this jurisdiction. These acts included the bombing of Belturbet, County Cavan, in December 1972 in which two teenage civilians 725 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Caoimhghı´nO´ Caola´in.] were killed, Geraldine O’Reilly and Patrick Stanley; the Dublin bombings of December 1972 and January 1973 in which three bus workers were killed, George Bradshaw, Thomas Duffy and Thomas Douglas; the killing of Briege Porter and Oliver Boyce by the UDA near Burnfoot, County Donegal, in 1973; the Dublin and Monaghan bombings of May 1974 in which 33 people died, 26 in Dublin and seven in Monaghan, including people I knew personally, Peggy White, Jack Travers, Archie Harper, Patrick Askin, Thomas Campbell, George Williamson and Thomas Croarkin; the killing of IRA volunteer, John Francis Green in County Monaghan in January 1975, probably by a British army operative; the stabbing to death of civilian Christy Phelan near Sallins, County Kildare, in June 1975; the explosion at Dublin Airport in November 1975 in which John Hayes was killed; the Dundalk bombing of December 1975 in which two civilians were killed, Hugh Watters and Jack Rooney; the Castleblayney bombing of March 1976 in which one person, Patrick Mone, was killed; the killing of Seamus Ludlow in County Louth in May 1976; the killing of Sinn Fe´in councillor Eddie Fullerton in Donegal in May 1991; and the killing of IRA volunteer Martin Doherty in May 1994, having foiled an attempted bombing and mass murder at the Widow Scallan’s pub in this city. To these tragedies in this jurisdiction should be added the killing of three members of the Miami showband near Newry in July 1975. The web of collusion links their murders to that of the Dublin and Monaghan May 1974 bombings and to the John Francis Green murder. The link with British army Captain Robert Nairac and the Portadown UVF is also well known and is but one facet of the long history of collusion. Understated as it was, the MacEntee report highlighted a massive failure on the part of this State to properly investigate the Dublin and Monaghan bombings of May 1974. The only logical explanation for what took place is a cover-up of collusion. Gross incompetence is not enough to explain the failure to investigate and the apparent destruction of records. The report again exposed the refusal of the British authorities to co-operate with a commission of inquiry estab- lished by the Oireachtas. The Taoiseach expressed incredulity at the short duration of the so-called Garda investi- gation that followed. He can initiate an independent investigation of Garda inaction and into the mysterious loss of the relevant files in the hands of the Garda and the Department of Justice, Equality and Law Reform. Why has he not acted on this element that is solely within his gift? Prior to the publication of the MacEntee report, Sinn Fe´in published a Da´il motion on collusion that was drafted in consultation with groups such as the Pat Finucane Centre, the Justice for Eddie Fullerton Campaign, Justice for the Forgotten and Relatives for Justice. Such a motion should have formed the basis for this debate. The key points we made in that motion must be restated. The findings of a variety of reports justify the demand for full, independent, public judicial inquiries including the Barron report which concluded that a cover-up involving British forces, the Garda and the Irish Government could not be ruled out in the Dublin and Monaghan bombings; the Cory report 1 o’clock into the murder of Pat Finucane and the involvement of at least five agents of the British state in that one particular killing; the report of the independent inter- national panel on collusion in sectarian killings, which concluded that in 24 of the 25 cases examined, including the Dublin and Monaghan bombings, there was “significant and credible evidence of involvement of police and military agents of the United Kingdom, both directly and in collusion with loyalist extremists”; the various Oireachtas committee reports on various acts of collusion; and the investigative report of the former Police Ombudsman for Northern Ireland, Nuala O’Loan, into the circumstances surrounding the death of Raymond McCord 726 Barron Reports: 31 January 2008. Statements (Resumed) junior and related matters which exposed the systemic reality and extent of collusion, including collusion in attacks undertaken by loyalist paramilitaries in the 26 Counties. Both the British and Irish Governments have failed to establish the inquiries repeatedly sought by relatives seeking truth and justice. This is despite statements such as those by the Taoiseach as recently as 10 December 2007 when he said that the suffering of victims had been sharpened “by the clear evidence of collusion by the security forces in many murders”. It is now nearly two years since the all-party Da´il motion of 8 March 2006 which called for the immediate establishment of a full, independent, public judicial inquiry into the murder of Pat Finucane. The British Government has refused to establish such an inquiry. It persists in pro- posing a flawed form of inquiry which would be under the effective control of a British Minister. The Irish Government’s case in calling for a full inquiry has been undermined not only by its own failure to establish collusion inquiries, but also its own Tribunals of Inquiry Bill. No one can deny we are in need of new legislation to govern the work of tribunals. The existing legislation dates back as far as 1921. It must be clear to everyone that spiralling legal costs and the refusal of witnesses to co-operate with tribunals needs to be addressed. However, as the Tribunals of Inquiry Bill is currently drafted, Sinn Fe´in must oppose it. We believe the proposed legislation could be used by future governments to stop public inquiries from delivering the truth to the public and to the families of victims of collusion in particular. The Bill as drafted is very similar to the British Inquiries Act. That Act is widely viewed as having been constructed to act as a barrier to a full public inquiry taking place into the murder of Pat Finucane. This Bill if passed would not only jeopardise the ability of any future tribunal to uncover the truth surrounding the Dublin and Monaghan bombings and the murders of Seamus Ludlow, Councillor Eddie Fullerton and Martin Doherty among others, but it would also undermine the cases of all those in the Six Counties who are seeking inquiries into state collusion because the British Government could point to this legislation in order to justify its own. This Bill would effectively give the Government power over whether to establish a tribunal of inquiry at all, its members and crucially its terms of reference. It would also effectively give the Government the power to suspend or dissolve a tribunal for unlimited reasons and to prevent the publication of a tribunal’s report. These are very serious deficiencies. In our view, this is completely unacceptable and will not instil any confidence among either the general public or more crucially those who have been specifically affected and are seeking the full truth about events. The relatives and those representing victims of collusion have long sought full, independent and public inquiries. We must work together to ensure that no legislation is intro- duced that would jeopardise and compromise the independence of future inquiries that we have been seeking for so long. Two months after the Da´il unanimously passed the all-party motion calling for an inquiry into the murder of Pat Finucane, Ken Barrett, the only person convicted in connection with the murder, was released after serving three years. He was brought by the British Ministry of Defence to a secret hideout outside Ireland. In the case of Ken Barrett, a deal was done and a guilty plea ensured that there was no trial and no exposure of the central role of British forces in the murder. The same thing happened with the other British agent involved in the Finucane murder, Brian Nelson. Collusion is not only something that happened in the past, but it also continues up to the present day — a situation we must also confront. The British are clearly still protecting their agents. They have refused the demand of the Oireachtas for an inquiry. I repeat Sinn Fe´in’s demand for the Taoiseach to hold a special summit meeting with the British Prime Minister solely focused on the issue of collusion. It is the Taoiseach’s responsi- 727 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Caoimhghı´nO´ Caola´in.] bility to create such an opportunity to demand the British Government to provide access to all the original documents relating to the acts of collusion carried out in this jurisdiction that I have cited and indeed to the whole record of collusion in its possession. The demand should be made publicly and the Government’s efforts should be open and witnessed not only by all opinion here, but also internationally. By such an approach the British Government’s response, whatever it might be, would be equally open to global scrutiny. If it continues to refuse, it should face the censure of all nations. If the British Government continues to refuse, the Irish Government should act unilaterally and establish a full independent public judicial inquiry into all these British state-sponsored atrocities and with key international participation by invitation. The Taoiseach and the Government must act on behalf of the citizens of Ireland and no further delay is excusable. The search for truth and justice regarding all these atrocities is far from over.

Minister of State at the Department of the Taoiseach (Deputy Tom Kitt): I welcome the opportunity to speak on this very important debate. I use the word “debate” deliberately. There has been some discussion on the issue of having statements. I wish to assure especially those in the Public Gallery and families of victims that this is an important debate affording people a chance to air their views and bring these issues into the public domain. As the Taoiseach has said, we can then decide collectively where we go from here. With the extraordinary developments we have seen in Northern Ireland over the past year, no one on this island can doubt that this generation has an opportunity like no other — an opportunity for an inclusive society, a peaceful life and an agreed future, recognising the legit- imate rights and aspirations of all. Our present and our future have not looked so bright for a long time as we would all agree. With that opportunity comes a profound responsibility. We must seize this chance and build on it. We must, in the words of the Good Friday Agreement, achieve the “peaceful and just society that would be the true memorial to the victims of viol- ence”. It is not an easy or a straightforward task. We must ensure that the future is built on stable foundations. In a democratic society, that means respect for truth, justice, human rights, accountability and transparency. In a peaceful society, that means a collective commitment to good relations across divisions. It can also challenge people to move forward to some degree from the confrontation of the past to a shared future. In this moment of achievement and optimism, it is entirely appropriate that we look at the legacy of the past and how we might address it anew, in a way that will contribute to continuing and imbedding this process of positive change. To get there, we must look again at the awful legacies of the Troubles. First is the appalling human loss — of life, of loved ones, of wholeness of heart and of body. These cannot be made right. We are left simply with the duty to meet as fully as we can the lasting physical and psychological needs of those who have suffered most. The wider social and economic legacies of distrust and separation, sectarianism and deprivation, are enormous challenges that must be faced. Lingering questions are outstanding from the past as are contested histories and justifications that sow division in the present. Unsolved murders leave families in a cruel limbo, without closure or peace. It is the allegations of State collusion that are perhaps the most difficult, casting shadows as they do, both on the families of victims as well as on the relationship of trust and the duty of care between citizen and State. The Oireachtas has played a valuable role in bringing to light such events. Following a recommendation from the Victims’ Commissioner, the late John Wilson, the Government established an independent commission of inquiry in 2000, initially led by the late Mr. Justice Liam Hamilton and subsequently by Mr. Justice Henry Barron. Its purpose was to undertake 728 Barron Reports: 31 January 2008. Statements (Resumed) a thorough examination of certain atrocities committed by loyalist paramilitaries in this juris- diction, including the Dublin and Monaghan bombings, the murder of Seamus Ludlow and the bombing of Kay’s Tavern. The commission produced four reports, each of which was sub- sequently considered by a sub-committee of the Joint Committee on Justice, Equality, Defence and Women’s Rights. The sub-committee published each of the Barron reports in the course of its work and held public hearings. A corresponding series of four reports from the committee were published, which contained some stark findings. The committee also acknowledged that the failure to make definitive conclusions in respect of the role of the security forces exacerbated the pain and suffering of the victims and their relatives. I wish to extend my condolences to those relatives, some of whom are in the Visitors Gallery. It is not our intention that our discussion would re-open wounds but we wish to help shine a light on the way forward. It is therefore important that their anxiety for truth and justice, arising from these reports, is widely understood. This is the reason the Taoiseach has asked the British Government to examine the findings of the Barron, Oireachtas sub-committee and MacEntee inquiries and this debate underlines that concern. This is a matter which the Government will pursue relentlessly. We also remember just how difficult and deep-seated a conflict it was and how important it has been to change the political and security context in Northern Ireland. Policing and justice reform was an essential part of the Good Friday Agreement and one of its great successes. It was a project to reform the police and create an institution representative of, and working effectively for, all the people of Northern Ireland. It was an enormous and emotive task to restore confidence across the community and build relationships around what had been a front line of conflict. It required considerable courage and vision by political leaders and by members of the police and security forces. The construction of effective institutions of accountability and public representation was absolutely crucial. I pay tribute to the role of Nuala O’Loan as Police Ombudsman. I was privileged to meet her when I visited Northern Ireland as Minister for State at the Department of Foreign Affairs. I pay tribute to the independence, integrity and fearlessness she showed and which did so much to build the trust of the public in this new era of policing. The policing board and district policing partnerships have also played a crucial role. Through the leadership of the SDLP and since last year with the decision of Sinn Fe´in to nominate members, relationships have been developed which have introduced new levels of responsive- ness and transparency to policing. This is also shown by the efforts of the Police Ombudsman and the PSNI historical inquiries team to address outstanding cases from the past. As a result the context in Northern Ireland has been changed utterly. A new consensus on policing and justice adds greatly to the stability of the institutions and the stability and security of everyone. We must ensure that in questioning the events of the past, we do not ignore the achievements. Once more, the first reaction to failures and wrongdoing must be to ensure that measures are put in place to prevent them happening again and extraordinary progress has been made. I look to the consultative group on the past, chaired by Lord Eames and Denis Bradley, to come forward with proposals on all the issues under discussion. It will be of great importance to look at the question of dealing with the past in a comprehensive way and I commend the group for its wide consultation. There are examples from across the world of how difficult periods from the past have been addressed by different countries. I refer to South Africa and East Timor. I remind the Acting Chairman that he and I spent some time as parliamentarians in the southern African region dealing with many of these issues of healing the past. 729 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Tom Kitt.]

We have examined the structures in place in other countries. I remember being in East Timor when I was Minister of State at the Department of Foreign Affairs and working with people such as Tom Hyland and others who were working closely with NGOs on the ground. They were dealing with the transition from a period of violence to one of peace. Irish Aid was known at that time as Irish Development Co-operation and it funded this process. The move from conflict to a peaceful society has been a challenge to deal with in South Africa, East Timor and in many other parts of the world. We have spoken to many people in these countries and studied how they have dealt with such situations. We can learn from each other. These are sensitive, complex issues but they all point to one fact, that we must get to the truth. The variety of these approaches in different parts of the world confirms that any mechanism we might consider will have to take full account of the unique situation and nature of the conflict and settlement. Any new comprehensive approach will have strengths and weaknesses, difficulties and opportunities and it is only through proper consultation and dialogue that a way forward can be agreed, and it must be agreed. This is not an area where something can be pushed through or imposed from any quarter. We must recognise the great diversity of views on this question. Everyone who has suffered has the right to be heard, North and South, elsewhere in these islands, victims in cases of collusion and victims of terrorist bombs. In all these cases those who simply wish to know the facts of what happened to their loved one, must be heard. Those who want to see the perpetrator of their own awful loss tried and put in jail, must be heard. Those who just want to tell the story of what happened to them and for it to be acknowledged and remembered, must be heard. Those who want nothing for themselves except to take their own suffering and story and make it part of a wider reconciliation, must be heard. Those who simply want to forget, to stop the debate on the past and be left to their own mourning and their own lives, must be heard. All these voices will be raised and listened to with emotion. Often people will hear only the other side being talked about and they will see selectivity and political motives at work. Sometimes they will be right and if the discussion is approached in a spirit of confrontation or sterile recrimination, then it will achieve nothing. However, I have heard many inspiring voices of those who have suffered most. I have heard many people who have experi- enced unspeakable suffering say that they wish to move on, that reconciliation not retribution is needed. I have heard straightforward requests for more services to help them cope, more facts to help them understand and more recognition by politicians of what has to be done to ensure their tragedy never happens to another family. With the progress we have seen since last year it is perhaps a time when the questions of what we do from here can be asked with more generosity and openness than before and with a genuine mutual respect and the objective of a shared and honest understanding of our recent past. This objective has been taken forward by the work of a great number of civil society and community groups across Northern Ireland. This is a vital part of this public debate. It is a dialogue beyond the political level, inclusive of the whole of the society and within local com- munities most affected by the conflict. I commend to the House the work of Healing Through Remembering, a cross-community organisation bringing together representatives from North and South and Britain, of victims’ groups, churches, academics, community and youth organisations. They have produced reports and recommendations on issues including truth recovery, commemoration, acknowledgement and story telling. These are thoughtful and well-researched documents that deserve careful consideration. They would serve as a very useful reference for the work of the consultative group on the past. 730 Barron Reports: 31 January 2008. Statements (Resumed)

There are no easy or straightforward answers to these issues. However, I am confident that this House, and the people in general have a positive role to play in this debate and in this collective effort to ensure the peace we have found on this island is a just and a lasting one.

Deputy Charles Flanagan: I wish to share time with Deputy Crawford. First I wish to express my sympathy to the relatives of the victims of terrorist atrocities which is the subject of the discussion, many of whom have come to listen to this debate. They have suffered a great deal but they have also been tireless in their efforts to establish the facts surrounding the loss of their loved ones. My colleagues and I have supported their calls for today’s debate and I welcome everyone to the Da´il. Notwithstanding that the party Whips have agreed to set time aside for statements on this important topic, I regret that we did not achieve an all-party motion which was my understand- ing and which was reported in the media. I am not sure of the circumstances surrounding what happened but I wish to place on record that in spite of what the Minister of State, Deputy Tom Kitt said, no formal contact was made with the Fine Gael Party with a view to agreeing or constructing a motion which would have given far greater effect to the debate taking place yesterday and today. The victims of crime and terrorism and their families are often ignored, neglected and over- looked by official authorities and organs of State. The weak position of victims in Irish law is an issue that Fine Gael is striving to address, having recently published an extensive Private Members’ Bill aimed at enhancing victims’ rights and placing the victim at the centre of the justice system. In regard to the atrocities investigated by the Barron reports, the fact that the victims and their families were overlooked is exacerbated by the incompetent handling of the investigations into the various atrocities. Quite simply, the victims and their families were let down by the State. Today’s Da´il statements are part of an effort to redress this wrong. We fully recognise the desire of victims and their families to establish the truth and the facts and not only to learn from what happened but to be able to piece together the difficult issues that remain outstanding. I acknowledge the work of my colleagues on the Joint Oireachtas Committee on Justice, Equality, Defence and Women’s Rights in this area. Four sub-committees examined the four Barron reports and, reading the sub-committees’ publications, it is obvious that a huge amount of work went into the committee hearings. The legacy of the Troubles casts a long shadow over the lives of people on the island of Ireland. Nowhere is this more deeply felt than among the victims of violence and their relatives. I agree with much of what the Minister of State, Deputy Tom Kitt, has said in this regard. We have made great strides in moving on from a painful past when politically-motivated violence was a daily occurrence. The fully functioning power-sharing executive in Northern Ireland is a living testament to how far we have come in the past decade since the Good Friday Agreement was signed in April 1998. A vital component of the peace process included a recognition that the suffering of victims of violence be recognised and addressed and, to this end, a victims commission was established, the work of which I acknowledge. The commission’s 1999 report identified the need for further investigation into certain specific crimes, primarily the Dublin and Monaghan bombings of 1974, which was the worst single day of violence during the Troubles, but also including other bombings in Dublin, Dundalk and elsewhere; and the murder of Seamus Ludlow on 1 May 1976. That no prosecutions were made following these crimes has, naturally, been a cause of great distress to the victims’ families. 731 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Charles Flanagan.]

The consequent establishment of what became known as the Barron inquiry constituted a key turning point for those who had sought an inquiry into atrocities perpetrated in the Republic during the Troubles. The detailed consideration of the Barron reports by the Joint Committee on Justice, Equality, Defence and Women’s Rights, the establishment of the MacEntee inquiry and today’s provision of time for statements in the Da´il underlines the commitment of the Oireachtas to honouring the spirit of the Good Friday Agreement, and, in particular, its recommendations in respect of the victims of violence during the Troubles. The purpose and value of any inquiry is not just to establish facts; it is vital that lessons be learned from the past. Where procedures and practices were shown to be flawed or wrong, it is essential that we learn from these and put mechanisms in place to improve systems. The Government in power in 1974 at the time of the Dublin and Monaghan bombings has come in for severe criticism for its handling of the aftermath of the atrocities. While I recognise that in many cases criticism is warranted, it is impossible to judge the past by the standards of the present. The fact that it took 25 years for the victims of relatives of the Dublin and Monaghan bombings to secure a meeting with a Taoiseach gives some sense of the vital role played by the Good Friday Agreement of 1998 in creating the circumstances in which we could move forward into a better future while taking important lessons from the difficulties of the past. I understand the deeply felt desire of the families of the victims for truth and justice and I reaffirm the commitment of the Fine Gael Party to do all we can as Members of the Oireachtas to ensure that those responsible for the crimes investigated by the Barron and MacEntee reports are brought to justice. The range of reports into various atrocities perpetrated during the Troubles, including the Barron, MacEntee and O’Loan reports, suggest that in some cases there was a degree of col- lusion between the security forces and loyalist paramilitaries. This shocking finding reminds us of the warped political culture that existed in Northern Ireland until very recently. The col- lusion by those entrusted with the safety of the citizens with terrorists in the murder of inno- cents is a gross violation of trust, principle and law and a situation that should never be toler- ated by any Government. Collusion has exacerbated the suffering of victims of terrorism and their families and must be condemned in absolute terms. From a personal point of view, as Fine Gael spokesperson on Justice, Equality and Law Reform, I am particularly concerned with the revelation of the MacEntee report into the Dublin and Monaghan bombings that the Garda Sı´ocha´na failed to maintain the integrity of its files. This finding is extremely disturbing. The destruction or loss of documentation in regard to the bombings is totally unacceptable and can only add to the pain of the victims’ relatives, friends and communities. It is vital that lessons are taken from this revelation and that we can ensure this never happens again. In recent years many changes have been introduced to the Garda Sı´ocha´na as a result of various inquiries and tribunals and the essential import of main- taining files and carefully preserving evidence is underlined for us by the MacEntee report. Notwithstanding our own bleak record to preserve documentation and evidence, like my colleagues, I am disappointed by the lack of co-operation from the British Government in regard to the attempts by the Irish Government to investigate atrocities carried out here during the Troubles. I acknowledge what the Taoiseach said and I urge him and his colleagues to do all they can to secure the release of the necessary documents from the British Government archives and files. I hope that a mechanism can be found through the various British-Irish bodies, in particular, the British-Irish Inter-Parliamentary Body, of which my colleague, Deputy Crawford, has for many years been a proud and active member. I was a member of the body myself. Perhaps consideration might be given at some level towards moving on matters through the auspices of that body. I hope the Taoiseach will avail of the opportunity presented by his 732 Barron Reports: 31 January 2008. Statements (Resumed) meetings with Prime Minister Gordon Brown to ensure we can advance this issue which, regret- tably, has been neglected by the British authorities. I again express my sympathy to the families of the victims. I understand the need on their behalf and on behalf of all of us for the establishment of the facts in regard to the loss of loved ones in order to achieve closure and honour their memories in an acceptable way. Fine Gael will continue to support the victims in that quest.

Deputy Seymour Crawford: I welcome this opportunity to speak on issues which affected so many people north and south of the Border during the past 40 years. I, too, offer my sympathy to all those who lost loved ones or whose loved ones were maimed. I purposely decided not to name any individuals in this debate. As the Taoiseach stated last night, 3,700 people lost their lives by various means in the Troubles in the past 40 years and 40,000 suffered serious injury. That is the legacy we have to debate today. I decry the fact that when names were mentioned the only Member of this House who lost his life in those Troubles was ignored. The former Deputy and Senator, Billy Fox, was a close personal friend of mine. He was shot in the back solely because he was in the wrong place at the wrong time. That is part of the legacy of the Troubles. My party leader, Deputy Enda Kenny, and our spokesperson on Justice, Equality and Law Reform, Deputy Charlie Flanagan, who has already spoken, deal with the legal and structural issues, not just today but over the years, in trying to get as much information as possible for those who have suffered as a result of bombing and murders from whatever source. Those in this House who accused me of not getting involved may have seen in the past 24 hours how the structures work. It is not the ordinary backbenchers but my party leader, Deputy Kenny, who leads the questions on issues like this, as does the parliamentary party leader of Sinn Fe´in, Deputy O´ Caola´in, and others, but I have been there to support every effort to bring forth information and inquiries where necessary. Clearly, the issue of the Monaghan bombing has been close to my heart. Some of those murdered by the bomb were among my closest friends. Others maimed for life were similarly close. After my election to Da´il E´ ireann, I made it my business to contact as many as possible of the families who had suffered from that bomb and all but one made it clear to me that their main interest was in moving on with their lives rather than in getting involved in any public debate. Since then, much of the debate during Taoiseach’s question time has been led by my party leader not just on the Dublin and Monaghan bombings, but on the Pat Finucane case and others and it is clear that there are still many questions to be answered. I encourage the Taoiseach — I was a little disappointed by his speech last night — and his Ministers to use their current close relationship with their counterparts in the UK to co-operate fully with the different inquiries. For me, the main issue is that we move on and that we cement the peace process which, hopefully, will see an end to the times, which I remember as and which some seem to forget were nothing short of open war. In war, things happen of which nobody or no party can be proud. Only this morning I spoke to a young man who was travelling right behind an unmarked van when it blew up in front of him, murdering all those inside. If his mother had driven their vehicle up along the side of the van at the traffic lights, he certainly would not be here today. He was a close friend, in fact, a grandson, of one of those murdered in the Monaghan bomb. I also clearly remember the Omagh bombing to which there are still no answers, even though it happened much more recently than the others. Many victims of the Omagh bomb have come to my office over the years in desperation to find answers. 733 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Seymour Crawford.]

The death of Mr. Paul Quinn is another tragic example of recent times and, unfortunately, we have learned only in the past few days that other young men are under threat. It is important to remember that while the work of Ian Paisley and Martin McGuinness, as First Minister and Deputy First Minister in Northern Ireland, rightly gets much good publicity, there are still serious intimidation and beatings which go virtually unpublished, together with other types of intimidation within both the hardline republican and loyalist areas. I know this from first-hand advice from friends living in both types of areas. While we must support in every way possible those who have suffered, our main object is to ensure it stops and never happens again. I was in a house one night and said to the family that we must move on. I did not know at that time that the lady’s brother was one of those murdered, shot in the back at his place of worship. There was no inquiry. I, too, want to be associated with the sympathy expressed to those who died not only in the Monaghan bomb, but in Belturbet, Castleblaney and the other places. I live only a few miles from the Border and I knew many of the small farmers who died north of the Border. I knew many of the people from both sides of the religious and political divide who were murdered just because they were from the wrong religion or in the wrong place at the wrong time. I urge the Taoiseach, as has been sought in the letter from Justice for the Forgotten, to ensure that access is given to all information relating to the atrocities that are being inquired into. It is vital, if there is to be true reconciliation, that these matters are dealt with in a proper fashion. Above all else, we must deal with the small number of those on both sides who want to continue to create trouble and are in the process of buying guns, bombs, etc. They must be brought to justice and stopped, once and for all.

Deputy Seamus Kirk: I wish to share time with Deputy O’Connor. I am pleased to have the opportunity to contribute briefly to this debate. It is a significant debate at a time when the steady progress with the peace process in the North has come to a stage where we are examining historically, reflecting on and considering both the short and long-term implications of many of the incidents. A number of speakers have raised as a starting point of this debate the 3,700 people who were killed in the Troubles in Northern Ireland. There were countless more seriously injured, with families bereaved and traumatised as a result. These statistics tell us forcefully why thou- sands continue to question why loved ones had to die or suffer grievous physical and emotional injury through the period of the Troubles. These sufferings must be addressed if reconciliation is to develop, grow and take hold in the Six Counties. We all accept that it will take time. I am sure both Governments appreciate that and I am sure the Ministers directly involved on both sides realise it as well. My constituency of Louth was at the coalface of the Troubles in the North from the late 1960s until the peace process took hold in the 1990s. Too many brutal murders were committed during that time. A number of them have been the subject of inquiry, notably the Barron inquiries, and two cases in particular. The first of these was the brutal murder of an unmarried forestry worker, Mr. Seamus Ludlow, just north of Dundalk in May 1976. To date, nobody has been prosecuted for that crime. The brutal murder of Mr. Ludlow has had a profound effect on his family. Over the years they have worked tirelessly to get to the truth of his murder and it is a great credit to them that their determination to get to the truth is as strong today as it was in May 1976. I sincerely hope that a suitable public inquiry formula can be agreed to allow the circumstances surrounding the case to be fully and satisfactorily examined and reported on. 734 Barron Reports: 31 January 2008. Statements (Resumed)

The bombing of Kay’s Tavern in Crowe Street in Dundalk in December 1975 was another incident in Louth. Two people were killed and many were injured. The Barron inquiry reported that the UVF and the British security forces colluded in the attack on Donnelly’s Bar in Sil- verbridge the same evening. The obvious question is whether the British security forces were aware of the bombing in Dundalk on the same day. The Barron report concluded that a UVF gang from Glenanne were behind the shootings in Silverbridge. The Barron report further concluded that the British security forces should have known who were responsible for the Dundalk bombings. However, without proof of identity of those involved in the bombing, it is difficult to prove or disprove collusion in that case. At this point in time, so many years on from the much desired and appreciated peace process, is it possible to develop a template to bring about reconciliation and forgiveness in the North? One has only to listen to the family members of those who have been bereaved to understand that the need for truth is essential for healing. The feeling that somebody knows something they are not divulging clearly prolongs the agony for families. At a minimum, it seems to me that an evaluation of the truth and reconciliation formula in South Africa is obligatory. Regard- ing the Truth and Reconciliation Commission in South Africa and its operation over a long period, I suppose people will argue that the circumstances in South Africa and in the North of Ireland are different in many respects. In other respects, there are many similarities between the two and, at a minimum, we in this House should keep an open mind about the possible benefits of having a truth and reconciliation commission established for people who have been bereaved and who have had unexplained brutal murders visited on their families and on their circle of friends. This offers the opportunity for them and perpetrators to come before the commission and explain the circumstances. Recently in Monaghan, just across the Border from south Armagh, the brutal murder of Paul Quinn occurred. One need only attend some of the numerous public meetings being held and organised by members of the local community in the area where he lived, Cullyhanna, and the wider area to appreciate the significant impact his murder had on the community as a whole. One can only speculate on the divisiveness this has caused. The perpetrators live in the community and neighbours of Paul live cheek by jowl with them and must meet and pass them on the road each day. I cannot forget either the sadness visited on the Cooley Peninsula when the late Tom Oliver was brutally murdered. I know his family well and I am aware of how they have been affected by his murder. Dealing with these issues is part of the healing process. I am concerned, however, that our approach is on a piecemeal basis, with no real comprehensive approach. The down-off-the- shelf formula to suit every circumstance may not be readily available, but we need to look further than providing an inquiry here and there. We need to consider the totality of the murders, beatings and terrorism visited on so many people over the period of the Troubles and get a structure in place that will allow bereaved people to come and get answers and find out the circumstances of the murder or bereavement they suffered.

Deputy Charlie O’Connor: I welcome the opportunity to contribute to this important debate. I regret there was some criticism yesterday on the Order of Business of the terms under which we are taking this item. The Taoiseach made a reasonable statement in that regard. He also set the tone for this debate when he said the debate was on a matter of the greatest national importance. He went on to say it was about a series of atrocities perpetrated on innocent people in our country, including the bombings of May 1994 in Dublin and Monaghan, which saw the greatest loss of life in a single day during the Troubles. The Taoiseach said the debate is about murder, pure and simple, responsibility for those murders, justice for victims and how 735 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Charlie O’Connor.] victims and survivors were and are treated and that while it is certainly about the past, it is also about the future. The Taoiseach was accurate in what he said and I support him in that. It is vital we have this debate and that while we deal with some issues of the past, we also look forward. This message was borne out for me several times recently. When I was appointed by the Taoiseach as a member of the British-Irish Interparliamentary Body, an appointment I was pleased to accept, I was welcomed at my first meeting in Oxford by the joint chairpersons, our own Deputy Niall Blaney and Mr. Paul Murphy, the former Northern Secretary. We spent some of the time at that session reminding ourselves, as Members from all the parliaments on these islands, that we had moved on from the past and from a time when people were killed and maimed and now need to look forward. This very much sums up for me where we are at with regard to this debate. The effect of the message also came home to me when I drove from Tallaght through the North in the autumn of last year to Armagh to act as a delegate to the SDLP conference. I found my journey a remarkable experience, although some colleagues who travel that road often may not understand the effect it had on me. I had not crossed the Border for some time and hesitated as I entered Keady, expecting to be stopped, but of course I was not. Simple changes like that show how we have moved on. It is important that in debates such as this we are not afraid to point out that things are more normal now. There are still some who do not agree with our peaceful ideals and we must deal with them. Deputy Crawford mentioned the terrible murder of Paul Quinn. I spoke to a number of people about the murder at the SDLP conference and at the British-Irish Interparliamentary Body meeting. I also raised Da´il questions on the matter. I express my solidarity and sympathy to those affected by that horrendous murder. I offer my sympathy to all the victims of violence over the past 30 odd years. I appreciate the contact I have received from victims’ families, including some in my constituency, in recent months. It is only right that we articulate the concerns of these people and I would be happy to be part of that process. The extent of the historic breakthrough that has been achieved in Northern Ireland is remarkable. Since May 2007, we have shared devolved Government in Northern Ireland, com- manding support from both communities and all political parties. I am glad that the First Minister and Deputy First Minister, representatives of two communities which had long held opposing visions for the North’s constitutional future, are working together effectively in the interests of all the people of Northern Ireland. I understand disagreements are worked out through negotiation and compromise. It is clear that centuries-old divisions are being left behind, which is very welcome. I welcome in particular the establishment of the Consultative Group on the Past and the Northern Ireland Victims Commission, which was established by former British Secretary of State for Northern Ireland, Peter Hain. I am not sure whether I should send him good wishes, but all politicians should be sorry when they see another politician in some bother. While not everyone will agree, he made a contribution. I understand the purpose of the consultative group is to seek views from across the community on the best way to deal with the legacy of the Troubles. The group is co-chaired by Lord Robin Eames and Denis Bradley, people we know well. The Taoiseach and the Minister for Foreign Affairs, Deputy Dermot Ahern, have welcomed the establishment of the group. The Government has consistently stated that dealing with the past is crucial and requires our ongoing attention. It has also stressed the importance of wide consultation, as well as adequately addressing the needs of victims, something I support 736 Barron Reports: 31 January 2008. Statements (Resumed) strongly. The Taoiseach met the consultative group during its visit to Dublin last November. I understand the Minister for Foreign Affairs will meet the group as its work continues. Many issues will fall under the remit of the group’s agenda and I welcome two in particular. There are always issues with regard to commemorations. A constituent of mine, for example, contacts me regularly to suggest the famine should be commemorated, which is something I support. I understand there is a proposal on the table for a day of remembrance or reflection, as suggested by the healing through remembering group. This would be a worthwhile exercise and I hope it will be undertaken as a joint North-South initiative. In my community and public life I have done much networking with Northern politicians and as a result I feel it is important we do this. There was a little criticism about this debate and how it is being handled. I have listened to much of the debate here and feel it is right we in this Parliament should take the opportunity to voice our concerns about these matters. Deputy Finian McGrath and I were members of the Oireachtas Joint Committee on Justice, Equality, Defence and Women’s Rights when the Barron report and other reports were furnished. I sat through much of that horrendous evi- dence. There are issues in the North but there are also issues in the South where there is a need for closure. The Taoiseach was correct yesterday to put it up to the British Government again to do something about this. I recall Paul Murphy, when he was Secretary of State for Northern Ireland, delicately declining an invitation for him and his predecessors to appear before the justice committee. That was a pity. However, contacts in that regard should continue. I am pleased to have had this opportunity to make a brief contribution to the debate.

Deputy Joe McHugh: As a public representative for a Border area, representing a vast area close to Derry city, I welcome the opportunity to speak on this important matter. I also wel- come the opportunity to put on record how far we have come and the further journey we must make, probably a similar distance, to find truth and closure for the people and families who have lost loved ones. The quest for truth and justice is paramount at this important juncture of the peace process. In 1996 we were fortunate to have an extensive peace and reconciliation programme, in which all Governments and parties were involved, including Fine Gael and Fianna Fa´il. I also acknowledge the efforts of Sinn Fe´in, the Green Party, the Progressive Democrats and Inde- pendents. It was an ADM/CPA funded peace and reconciliation programme. That was a first stage where communities could interface with each other and begin the journey of building trust by seeing they could be in the same room as people they perceived to be different in disposition and attitude. I commend everybody involved in the peace and reconciliation prog- ramme through to PEACE II. They were not just ambitious but also courageous people who decided to work on a cross-Border basis. They worked hard and diligently bringing communi- ties from different sides of the divide and different religious backgrounds together. They brought the peace process to where it is today. At community and grassroots level they created an interface that had not happened previously. That built a platform and mechanism whereby the peace process could evolve, as it subsequently did. The next chapter of the peace process was the political ambition to get the Assembly up and running. Fortunately, that did take place. We believed it would happen but many of us still watch in disbelief the politicians from different poles of the political spectrum sitting and work- ing together. It is most welcome. The next stage in the process is the most important, the quest for truth and justice. This seeks to bring closure for families and campaigners who have worked vociferously and diligently to have independent investigations carried out to get to the truth about collusion among the security forces and terrorist organisations. We must heed these representative groups and the 737 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Joe McHugh.] individuals and families who have lost loved ones. We have a political obligation and are accountable to these people. If we do not get closure on activities that happened over the past 30 years, we will not evolve as a democratic society and the peace process will be derailed. We must open some type of forum which people can enter safely, where the truth can be told and where proper information can be provided. I commend my party leader, Deputy Enda Kenny, on taking a courageous step yesterday in terms of using the east-west plank of the Good Friday Agreement to secure the release of documentation and information on many examples of collusion over the past 30 years. I rep- resent Donegal North-East and today I received a telephone call, for the first time, from a member of the Fullerton family, Amanda Fullerton, about the murder of her father over 30 years ago. It is an example of the maturity of spirit that exists in politics in Ireland at present that people are reaching out to all political parties in seeking the truth and getting investigations started into the murder of their loved ones. Similarly, Deputy Seymour Crawford, who spoke earlier, lost a very close friend with the death of Billy Fox 30 years ago. People such as Amanda Fullerton and Deputy Seymour Crawford are simply looking for the truth to be told and to overcome the insurmountable obstacles that were placed in their paths during the past turbu- lent 30 years. Deputy Brendan Smith from the Border county of Cavan who is present today is a former co-chairman of the British-Irish Interparliamentary Body. He was vociferous and proactive in working for a peace settlement. Yesterday, the British-Irish Interparliamentary Body called for proposals and suggestions on how the body should move forward. I do not wish to see the British-Irish Interparliamentary Body dissolve. An element of trust has been built up over the years through the good work it has done. The current co-chairman is Deputy Niall Blaney from my constituency. It is important that we use the body proactively to explore how best to move forward in the quest for an international truth commission. The body offers that unique opportunity. It includes politicians from Scotland, Wales, England, Northern Ireland and the Republic of Ireland. My colleague, Deputy Arthur Morgan, shares a strong relationship with many of the politicians across the water. In fact, only recently he shared a beer with Lord Dubbs in Oxfordshire. It is an example of how this 2 o’clock democracy has moved forward. We should build upon that and use the British- Irish Interparliamentary Body. I seek support in this regard from Deputy Morgan and Deputy Brendan Smith who have strong relationships with current members of the body. I notice that Deputy Pat Carey, another former Chairman of the British-Irish Interparliamen- tary Body, has just come into the House. A tremendous amount of trust has been built up with that organisation. We should use it to explore the truth. Perhaps we should consider estab- lishing some form of commission, in line with international best practice. We should look at what was done in places like South Africa before we debate the possibility of developing a similar structure. The British-Irish Interparliamentary Body will not be moving forward if we do not have something to cling to. I am sure the Ministers of State, Deputies Smith and Pat Carey, will agree in the context of a discussion on legacies that it would be wrong to allow good work that was done over the years in building trust within the British-Irish Inter- parliamentary Body to dissipate. I commend Robin Eames and Denis Bradley on the pivotal role they played in starting this process, particularly with their work on the Consultative Group on the Past in Northern Ireland. It is important that we keep them involved in this process, which is in its embryonic stages. Their expertise could be used if we are to proceed with the proposal I have made in respect of the British-Irish Interparliamentary Body. It is important that Mr. Eames and Mr. Bradley meet the interparliamentary body at the earliest possible stage. 738 Barron Reports: 31 January 2008. Statements (Resumed)

Various groups like Justice for the Forgotten have been campaigning for years. They possibly think they have been campaigning for too long. They do not have a proper platform on which they can air their own suggestions. This is not just a political process in which politicians try to make progress — it is important that representative groups and families are also involved in the debate at this juncture. As I have already said, the peace process is at a watershed at this point. Proper lines of communication should be kept open with each of the many people who have been affected by the Troubles. At the same time, we have a duty to provide for account- ability in that area. I wish to return to the initial point I made about the EU Programme for Peace and Reconcili- ation. Its successor, PEACE ll, focused on the legacy of the conflict in Northern Ireland. Fund- ing opportunities are available to those who wish to explore the legacy of the conflict. It is not a question of funding, as moneys and people with expertise are available to bring this forward. All that is required is the actual political will. The Taoiseach said yesterday that he is willing to go the extra yard to move this process forward. In fairness, we have not heard any proposals about how that might happen. My party leader, Deputy Kenny, who is also willing to go the extra yard, has placed a great deal of emphasis on the third element of the Good Friday Agreement — the development of east-west bodies. We cannot do this in an insular or self- determined way. We cannot solve these problems on our own because they are shared by everybody in the United Kingdom, Northern Ireland and Southern Ireland. These issues do not affect people in small or parochial areas, such as the Border counties — they affect every- body. It is important that we think thoroughly about the process we will undertake. The only way to make progress is to bring everybody into the debate. As politicians, we are obliged to get on with our day-to-day business. We spend a great deal of our time reacting to events. We tend to look two or more months down the line — at the next budget, for example. We can facilitate proper procedures if we take the representative groups seriously. The Government has a duty to invite such groups to address the Cabinet as well as forums like the British-Irish Interparliamentary Body. The Taoiseach said he has met these people in his clinics in St. Luke’s and elsewhere. A proper mechanism is needed so these people can be heard. I am not sure how that will happen. Politicians should be guided by the experience and expertise of those who have been through the ordeal of campaigning for over 30 years. We sometimes get carried away with ourselves and think we have all the answers. We feel we have to tell those in the gallery and the electorate what they want to hear. We all fall into that trap. We need to tap into what people have learned from their experiences. Those who have been looking for justice for over 30 years should be invited to participate in this debate. We need to communicate with them.

Deputy Rory O’Hanlon: I wish to share time with Deputies Conlon and Finian McGrath.

Acting Chairman (Deputy Ciara´n Cuffe): Is that agreed? Agreed.

Deputy Rory O’Hanlon: I recognise the input of the Taoiseach, who established the original investigations which led to the publication of the Hamilton report, the Barron report, the McEntee report and the Cory report. The various investigative commissions, which did great work to bring us to where we are today, have produced excellent reports. The conclusions in the fourth interim report confirmed what many of us living in Border areas knew for some time — that there was collusion in many of the atrocities. A report published by an Oireachtas sub-committee states that there is “no doubt that collusion between the British security forces and terrorists was behind many if not all of the atrocities that are considered in this report”. That is obviously a matter of great concern. The sub-committee states in its report that it dealt with 25 cases, involving 76 murders, and found evidence of collusion with the security forces 739 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Rory O’Hanlon.] in 24 of those cases, involving 74 murders. As a representative of a Border area which is obviously close to counties like Armagh, Tyrone and Louth, I am concerned by the sub-com- mittee’s findings, particularly in relation to the Dublin and Monaghan bombings. I recognise the contribution of Justice for the Forgotten and people like Don Mullen over many years. It is encouraging that so much progress has been made at this stage. However, it is a matter of concern to everyone in the House that the different commissions, the Oireachtas sub-committee and the Oireachtas joint committee, which is also entitled to some praise, were unable to conclude their work because they did not get the co-operation of the authorities in Britain. It is not too late for those authorities to hand over their documents. It would help to bring these investigations to a conclusion, satisfy the people and, above all, bring some comfort to the relatives and friends of the victims. Some 3,700 people were killed and approximately 40,000 people were injured during the Troubles. While we can look at individual atrocities, it is important that we recognise that every one of the atrocities in which those people were killed or injured was a tragedy for the relatives and friends of the deceased. We must be sensitive to that when we select some cases for further examination. It is important that we recognise that it does not matter which side of the community or the Border those who were killed and injured came from. Recently, there was an appalling atrocity in my constituency. A young man, Paul Quinn, was beaten to death with iron bars and it is alleged that the perpetrators came from County Armagh. This murder has rightly been condemned by all Members of the House and all decent people outside the House. It is important that people who have information about this crime, of whom there must be many, go to the Garda or to the PSNI. This is not just so that the Quinn family can have some closure in this tragic situation but also because it is important, particularly for the people of County Armagh and for those of Ireland, that the perpetrators of such crimes are brought to justice. We gratefully recognise the establishment of the Northern Ireland Executive and Assembly and the progress that has been made over the years and we look forward to a much more normal society in which people can live. However, it is important for the victims of the many atrocities that have taken place and for their families, relatives and friends that we bring closure to these cases. This can be achieved, from the point of view of today’s discussion on the Barron report, if the British Government comes forward and gives the information it has in its possession.

Deputy Margaret Conlon: I appreciate the opportunity to contribute to this debate. Like my constituency colleague, I too come from a Border county, where the Troubles, and this event in particular, have had a major impact. As has been said, the terrible atrocities that took place in Monaghan and Dublin in May 1974 represented the greatest loss of human life in any single day during the Troubles. For me it is a vague memory, but unfortunately for the survivors and the victims’ families the memory is all too clear. I am disgusted and horrified that collusion took place. It is evident that the British Government has indeed frustrated attempts to obtain the truth about these and similar incidents for which there is credible evidence of collusion. There cannot be true closure for the families of the victims of the Dublin and Monaghan bombings until the full truth about collusion comes to the surface and responsibility is apportioned. This must no longer be swept under the carpet. Somebody must be held accountable. It is a bit rich for the British Government to take a strong and vociferous stand on inter- national terrorism while remaining mute on the issue of its former State-sponsored terrorism in the form of collusion. As Mr. Justice Barron noted, the value of his report “was reduced by 740 Barron Reports: 31 January 2008. Statements (Resumed) the [British Government’s] reluctance to make original documents available and the refusal to supply other information on security grounds.” I request that all documentation and infor- mation of the British state be made available to allow, once and for all, a truly complete report on collusion. If this does not happen, the issue will follow the British Government for ever until it eventually releases the documents. It should do this for the sake of the survivors and the families and in view of the current era of political accommodation, with co-operation taking place between the DUP and Sinn Fe´in in Northern Ireland. I concur with the recommendation of the Oireachtas Joint Committee on Justice, Equality, Defence and Women’s Rights sub-committee on the Barron report that a historical inquiries team be established to investigate unresolved crimes connected with the Troubles and that this link up with a similar body in Northern Ireland. I believe and hope this will be recommended by the Eames-Bradley Consultative Group on the Past. I welcome the clear intention of this group to tackle collusion. It is also important that a full and independent inquiry be established into the murder of Pat Finucane. Although progress is slow, it is taking place. For example, last week’s announcement of the establishment of four victims commissioners for Northern Ireland to work on behalf of victims and survivors is to be welcomed. I acknowledge the work of my constituency colleague, the late John Wilson, as a victims commissioner and of Nuala O’Loan, whose tireless work as Police Ombudsman did a lot to instil Nationalist confidence in the North’s new police force. In recent times we have witnessed the co-operation of the Garda Sı´ocha´na in the murder investigation following the death of Paul Quinn in my constituency, which is a welcome advance and which I hope will bring the perpetrators of this heinous crime to justice. Although these are all progressive steps, the British Government’s current intransigence prevents closure for the survivors and the victims’ families. As a Government TD, I call on the British Government to provide this closure. It is necessary to realise that those affected by the tragedies are entitled to the truth. We have come a long way since 1974, but the memory of this terrible event lives on in the minds of the survivors and the victims’ families. They must no longer be forgotten. They have a right to truth and justice.

Deputy Finian McGrath: I thank the Cathaoirleach for the opportunity of speaking on this very important debate on violent incidents arising from the conflict in Northern Ireland. I wish to use this opportunity to express my deepest sympathy to the victims and their families. As part of the healing process they deserve truth, openness and, above all, justice. I was a member of the Joint Committee on Justice, Equality, Defence and Women’s Rights sub-committee on the Barron report. The oral and written submissions had a tremendous impact on all the sub-committee members. I took a minority view and supported the calls of the family members for a full public inquiry. I thank and commend all those who spoke at our hearings. Today I will focus my views on that report and, in particular, on the issue of collusion. There are some in this State and in other jurisdictions who wish to walk away from this issue, but I have no intention of turning my back or staying silent in the face of strong evidence that the British security forces were involved in collusion. We owe it to the victims, their families, our citizens and future generations. The reality is that the conflict in the North, which continued for more than 30 years, was a dirty war. The only way to ensure that these or similar actions do not happen on this island ever again is to send out a strong, clear message that such actions will not go unchecked. I wish to highlight the strong findings of the sub-committee on the fourth Barron report, which explicitly acknowledged the reality of British security force collusion in criminal activities in this jurisdiction. Collusion is a separate, discrete facet of the Northern conflict that needs to 741 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Finian McGrath.] be specifically addressed by this House, and I share the concerns expressed yesterday about the absence of the word “collusion” in the original statement. I also support the idea of putting a motion to the House for debate on which we can all agree. We owe it to the families and to those who genuinely want truth and justice. I emphasise that these are governmental findings and that the committee requested the guidance of the House on the actions to be taken with regard to these findings. The Taoiseach, in his speech at the unveiling of the memorial to the Miami Showband last month, acknowledged the clear evidence of collusion by the security forces in many of these murders, as has been made clear in several reports over the years, and reiterated the Government’s support for the families in their quest for answers. We will take another step when there is a full debate in the Da´il. These issues demand and deserve the attention of our national Parliament. We must ask ourselves what steps must be taken. Today I propose a step. I call on the British Government, as a sign of its good faith in dealing with the legacy of the Northern conflict, to provide access to all documents relating to atrocities in this jurisdiction which are currently being withheld. On a more general level, I note that the issue of collusion is more significant now than at any time for many years, with the British Government appointing the independent Eames- Bradley Consultative Group on the Past to make recommendations on the legacy of the past. Members of the group have stated that they saw the Stevens archive on collusion and were deeply shocked by it. I say again that they were deeply shocked by it. What will come out is worse than many people think. The group will make its report to the British Government in June 2008 and has made clear that recommendations regarding British responsibility for col- lusion and criminal activities will be included. The report of the Barron sub-committee contained the following important conclusions:

The sub-committee was left in no doubt that collusion between the British security forces and terrorists was behind many if not all of the atrocities that were considered in this report. It was horrified that persons who were employed by the British administration to preserve peace and to protect people were engaged in the creation of violence and the butchering of innocent victims.

The sub-committee believes that unless the full truth about collusion is established and those involved either admit or are fixed with responsibility then there cannot be closure for the families.

The sub-committee further believes that unless the full truth about collusion is established and those involved either admit or are fixed with responsibility then there is always the risk of what occurred in the 1970s occurring again some day. We are of the view that these matters cannot be swept under the carpet.

The sub-committee is of the view that given that we are dealing with acts of international terrorism that were colluded in by the British security forces, the British Government cannot legitimately refuse to co-operate with investigations and attempts to get to the truth.

The sub-committee notes that the British Cabinet was aware of the level to which the security forces had been infiltrated by terrorists and we believe that its inadequate response to this knowledge permitted the problem to continue and to grow.

The sub-committee has the support of all Members of this House. The sub-committee has no doubt that there was collusion between members of the British security forces and loyalist paramilitaries and that this was known at Cabinet level. The British Government has frustrated 742 Barron Reports: 31 January 2008. Statements (Resumed) attempts to get to the truth about these and other incidences where there was credible evidence of collusion. This debate is an opportunity for the Irish Government to put pressure on the British Government to help those bereaved as a result of collusion. Our Government should at least call on the British Government as an act of good faith to make all original files which may relate to the issues inquired into by Mr. Justice Barron accessible to the appropriate bodies in our jurisdiction. This would show the British Govern- ment is genuine in its support of the peace process and, more importantly, of the families of those murdered as a result of collusion. I want to send a strong message to the British Govern- ment that these acts should not have been allowed to happen in the past and will not be allowed to happen again. In the words of our sub-committee: “What occurred in respect of these atroci- ties must, quite simply, never ever be allowed to happen again”. The only way to ensure that these or similar actions do not happen in this island again is to send a clear message that these actions will not go unchecked. I commend Justice for the Forgotten, the Pat Finucane Centre and the Fay, Finucane, O’Neill and other families for their work, courage and dignity in their search for truth. I will always support them to the bitter end.

Deputy Eamon Gilmore: I wish to share time with Deputy Kathleen Lynch. I am glad to have this opportunity to speak on this issue, particularly as I had requested a debate several times from the Government on this issue. I am not happy that the format is a series of statements rather than a debate on a motion. Many terrible, unforgivable atrocities were committed in the name of Ireland and Ulster over 30 years of violence in Northern Ireland. The violence occasionally spilled over into this jurisdiction. In many cases, nobody was brought to justice for those atrocities and many rela- tives still grieve for the loss of loved ones and the absence of answers. Various paramilitary organisations, loyalist and nationalist, waged a vile sectarian war and were responsible for the majority of the incidents where 3,500 people lost their lives. We should recognise that the overwhelming majority of the security forces in both jurisdictions were honourable men and women, many of whom lost their lives in efforts to protect the civilian population from the violence of paramilitaries. The atrocities that are the subject of this debate are of particular significance to us because they are among the worst of the Troubles, they occurred in this jurisdiction and there is strong evidence of collusion between those who carried them out and members of the security forces in Northern Ireland. It is important that we express our gratitude to Mr. Justice Barron for undertaking his four inquiries, making his reports and his co-operation with the justice sub-committee. The work was arduous and demanding and was undertaken in a painstaking, methodical and impartial way. The sub-committee, the public and members of the families affected understand that, notwithstanding the serious limitations that surrounded the process, the results added to our understanding of the events he examined. He particularly highlighted the outstanding issues that still face us. In the words of the final report from the sub-committee: “It should be remembered that all of the Barron reports have been frustrated by the absence of any real co- operation from the British security forces.” We are talking about a period during which there was systematic collusion between state security forces and unlawful paramilitary organisations. In its last report, the sub-committee summarised the position as follows:

The sub-committee is left in no doubt that collusion between the British security forces and terrorists was behind many if not all of the atrocities that are considered in this report. We are horrified that persons who were employed by the British administration to preserve 743 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Eamon Gilmore.] peace and to protect people were engaged in the creation of violence and the butchering of innocent victims.

The sub-committee believes that unless the full truth about collusion is established and those involved either admit or are fixed with responsibility then there cannot be closure for the families.

The sub-committee further believes that unless the full truth about collusion is established and those involved either admit or are fixed with responsibility then there is always the risk of what occurred in the 1970s occurring again some day...

The sub-committee is of the view that given that we are dealing with acts of international terrorism that were colluded in by the British security forces, the British Government cannot legitimately refuse to co-operate with investigations and attempts to get to the truth.

It is against this background that the Labour Party protested so strongly yesterday at the Taoiseach’s decision that the Da´il should confine itself to a series of statements on this issue, rather than debating and approving any concrete steps to move the matter forward. I agree with Deputy McGrath that we should debate a motion. It is a pity that Deputies who today say we should debate a motion did not take the opportunity yesterday of voting with the Labour Party’s proposal that we should have a motion. Instead, the Taoiseach said he considers this a debate where we can express our views and that whether it is structured as statements, a debate or a motion is a technical point. There are more than enough people in a position to make statements such as statements of sympathy with families or concern on State actions. More is expected from Da´il E´ ireann and the Government that is answerable to this House than statements. The people concerned are entitled to expect action. The series of sub-commit- tee reports on which we are making statements contain specific recommendations for action by the Houses of the Oireachtas and the Government, yet we are refused the opportunity to endorse those reports or approve their recommendations. The first report stated:

3. The sub-committee considers that a public inquiry under the Tribunal of Inquiries Act 1921 in this jurisdiction would have represented the preferred form of inquiry. However, because the perpetrators, information and witnesses are outside of this jurisdiction, there are legal and procedural difficulties arising from an inquiry initiated in this jurisdiction as set out previously.

4. The sub-committee considers that a public tribunal of inquiry in Northern Ireland and- or Great Britain is required and represents the best opportunity to be successful.

5. Before any inquiry would proceed the sub-committee is of the view that what is required in the first instance, is an investigation based upon the Weston Park proposals. The terms of reference should be agreed between the two Governments and should be based upon the terms agreed at Weston Park, in particular paragraph No. 19. The letter of instruction to Mr. Justice Peter Cory and the relevant portion of the Weston Park protocol is at Appendix 11. The sub-committee recommends that such an investigation be conducted on the following basis:

(i) That the judge conducting the investigation be of international stature.

(ii) That the investigation would have the power to direct witnesses for interview, the power to compel the delivery of documentation and to inspect premises. 744 Barron Reports: 31 January 2008. Statements (Resumed)

(iii) That there should be time limits agreed for the commencement, duration and con- clusion of the investigation.

(iv) That the judge conducting the investigation could recommend further action includ- ing whether a public inquiry in either jurisdiction should be held or not.

(v) The relevant government would be obliged to implement any recommendation within a defined time limit.

It went on to recommend that, if that process failed, the Irish Government should consider instituting proceedings in the European Court of Human Rights under the European Conven- tion on Human Rights. It recommended specifically that a resolution of both Houses of the Oireachtas be passed, endorsing the report and its recommendations and inviting the UK Par- liament at Westminster to pass a similar resolution. We are not being given that opportunity. Therefore, at the very least, if we are to live up to the expectations of those who wrote and read the reports, the House should pass a resolution receiving, endorsing and approving the reports. Second, as recommended, our presiding officer, the Ceann Comhairle, should be instructed to inform the Speaker of the House of Commons of these facts and to send copies of the relevant reports, and other documents, with a request that the matter be considered by the Members of that House. Third, we should formally call on the Taoiseach to renew his efforts to secure the agreement of the British Government to the course of action recommended by the sub-committee and to report to the Da´il on a regular, comprehensive and timely basis. Finally, we should resolve that if there is no progress of substance on these issues, the Govern- ment should report to this House on the steps it will take to institute proceedings before the European Court of Human Rights. Anything less than such a basic course of action is just lip service to the survivors and relatives of what the late Mr. John Wilson described as “some of the bloodiest and most chilling days” of the whole period of the Troubles. Those survivors and relatives have been relentless in their commitment to finding the truth. The Government should help them and this House should have been given the opportunity to instruct it accordingly.

Deputy Kathleen Lynch: I was a member of the Oireachtas sub-committee which dealt with the final report from Mr. Justice Barron. I listened to the stories of the relatives and some survivors and it was a time that will change every one of us forever. The reports by the Oireachtas Joint Committee into collusion between the British security forces and loyalist paramilitary organisations relating to a series of murders during the 1970s are extremely shocking and disturbing. Even taking into consideration the context of the era, the extent of collusion is much greater than many would have assumed existed prior to these investigations. I share the views expressed yesterday by my colleague, Deputy Joe Costello, that the British Government must now co-operate fully with all investigations into these atroci- ties. Its continued refusal to co-operate with these investigations prevents the full truth from emerging. The picture that emerges of the level of collusion between the security forces and loyalist paramilitaries is shocking, with repeated references to information not being shared, information being withheld and a lack of co-operation between security forces in Northern Ireland and the Garda Sı´ocha´na on this side of the Border who were attempting to investigate these incidents. The families of those killed have campaigned for years to find out the truth about the circum- stances that led to the deaths of their loved ones. Throughout that time, their firm belief and insistence that there was security force involvement in these killings was often disregarded or 745 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Kathleen Lynch.] blatantly ignored. However, that will not happen any longer because all the reports confirm what they believed in the first place. I was a member of the Oireachtas Joint Committee which conducted the hearings and com- piled the fourth and final report on Mr. Justice Barron’s investigations. Overall, we were left in no doubt that there was collusion between members of the British security forces and loyalist paramilitaries and that this was known at the very highest level in Whitehall. There should be no misapprehension about the role of the Barron commission or the Da´il hearings. They were not public inquiries and were never intended to be regarded as such. As emphasised by the committee chairman, Deputy Sea´n Ardagh, the purpose of the Da´il hearings was to draw lessons from the Barron exercise and decide whether further action was warranted. If I, as someone who sat on the committee, am really frustrated and annoyed, I can only imagine what the relatives of the victims and survivors are feeling today. This debate is simply further adding to their list of questions. The main question now being added to that list is where do we go from here? There is no conclusion to what is being done here today. There is no stepping further. None of the recommendations of the committee is being dealt with and there is no action planned for the future. This issue is not closed. Just as for the past 30 years, these people will not go away. They will insist on closure and on knowing all there is to know. Clearly the level of implementation of the recommendations in the various reports has been totally unsatisfactory to date. Ten years of formal Government and Parliament sponsored inves- tigations, reports and recommendations since the establishment of the initial Victims Com- mission in 1998 must be acted on. However, there appears to be no way that we can move forward from this debate. Persistent reports of collusion also demand that Britain opens its files to scrutiny. While its track record in the murky world of espionage makes co-operation unlikely, the Government must use its close relationship with the British Government to ensure evidence of collusion is shown the light of day. While credit can be given to the British Government for introducing reforms, and particularly for the establishment of the historical inquiries team, under the PSNI, it does not meet international standards for investigation. Furthermore, what is most annoying is the fact that its findings will not be published. The committee of Ministers of the Council of Europe is scrutinising British compliance with several judgments of the European Court of Human Rights relating to Northern Ireland. However, despite these developments, the serious concerns and unanswered questions of those affected by past collusion have not been addressed adequately, if at all. For many years, the relatives of the victims have felt they have been abandoned, misled and marginalised. After 30 years of despair, it is imperative that our Government insists that the British Government puts these atrocities, which claimed so many lives, under the penetrating searchlight of the public gaze. There is no need for us to sympathise with the people in the Public Gallery today. There is no need for us to tell them what happened. They know, they were there, they lived it. They relive it every day. What they want from us is to know how they will get closure. They are not getting closure as a result of this process. We should take seriously the recommendations of the committee and put them in place. We should deal with this as one sovereign Government to another. The days are long gone when we tread on eggshells for fear of bringing everything down around our ears. We must say to the British Government that these people deserve to know and we, as a Government, demand to know.

Deputy Trevor Sargent: Go raibh maith agat. Ba mhaith liom ar dtu´ sara´ go bhfuil me ag roinnt mo chuid ama leis an Teachta Sea´n Ardagh. 746 Barron Reports: 31 January 2008. Statements (Resumed)

The Good Friday Agreement acknowledges that “We must never forget those who have died or have been injured, and their families”. As someone who has, with my colleagues in the Green Party, consistently campaigned for truth and reconciliation, including calling for investi- gations into collusion and a debate on collusion in both Houses of the Oireachtas, I welcome the fact that this debate has eventually come about. I hope that the debate adds political impetus to the investigation of collusion and to the identification of measures to bring closure to victims. I regret that this debate is not specifically on the issue of collusion and that there is no motion before the House. My contribution will focus on collusion, which is a fundamental human rights issue for victims and their relatives. It is very important that the concerns arising from this and other reports are widely under- stood. I support the Government’s efforts, and urge that such efforts continue, to impress upon the British Government that it must examine the findings of the Barron, Oireachtas sub- committee and MacEntee inquiries. The British Government must address the issues raised by these reports, including by full disclosure of information as highlighted by Mr. Justice Barron. A significant number of the 3,700 murders remain unsolved and families on both sides of the Border still have no explanation as to why their loved ones were snatched away from them so cruelly. Justice needs to be served. Every effort must be made to uncover the truth for these families to provide them with some closure on the terrible events of the past 40 years. We are reminded today by the presence of representatives of Justice for the Forgotten and others that the turmoil of the past 40 years was not confined to the Six Counties. The greatest loss of life in a single day of the Troubles occurred on Friday, 17 May 1974 when 34 people were killed in four separate explosions in Dublin and Monaghan. Approximately 258 people were injured in the blasts, with many continuing to suffer to this day. I was on Abbey Street, one of the many people in the centre of Dublin on that day and I felt the blast like hundreds of others, but we were spared the injuries suffered by many people. Bereaved families and survivors of the 1974 bombings joined those affected by the Dublin bombings of 1 December 1972 and 20 January 1973 to ensure that their loved ones were not forgotten. Their campaign led to the establishment by the Government in 2000 of the Barron and MacEntee commission of investigation. Regrettably, important questions remain unanswered. Many survivors and those who lost loved ones are still battling today, demanding to know the truth as to why their loved ones died. The Police Ombudsman of Northern Ireland and the Historical Enquiries Team of the PSNI in reviewing past investigations have important roles to play. Their work is difficult, painstaking and often frustrating. They must rebuild memories, locate papers and challenge accepted wis- doms, and that could perhaps reopen the scars of that troubled time. They can uncover dis- turbing truths. Both offices have been subject to criticisms, some valid and some unfair. However, the importance of shining a light on events, if just to say how someone died or to return personal belongings kept in evidence, cannot be underestimated. The Consultative Group on the Past under the chairmanship of Lord Robin Eames and Mr. Denis Bradley has been tasked by the Secretary of State for Northern Ireland to see whether there is a consensus on how to deal with the legacy of the Troubles. There are myriad opinions on how best this can be achieved, but there is no single answer. The group has cast a wide net in its attempt to listen to and incorporate as many voices as possible. It has held private consul- tations and public meetings and its members have heard about people’s pain. They are talking to victims, their organisations, political parties, the two Governments, the security forces, para- militaries, lawyers and others in gathering the thoughts, insights and emotions of all stake- holders, whether citizens or office holders, with a view to building a better future for Northern 747 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Trevor Sargent.] Ireland. Members of the group are in attendance today and they have the Government’s sup- port for the difficult work they are undertaking. Victims’ groups, including Justice for the Forgotten, have articulated various approaches to dealing with the past that I am sure are receiving close consideration. One proposal was a recent call by a consortium of groups for the establishment of a truth commission. This approach was advocated by the Green Party and I am pleased to see that it is being considered by the Consultative Group on the Past. When the group makes its report to the British Government in June, I hope that whatever solution it recommends deals adequately with all aspects of the atrocities in question, including collusion. A truth commission would be intended to prioritise the search for truth over the desire for retribution. The group believes that the criminal justice system has frustrated the process of truth recovery. It argues that fear of prosecution means that those who know the real story about the bombings in Dublin and Monaghan and many other atrocities that have scarred this island in the past 40 years will never come forward. It articulates a process of individual and societal healing through an acknowledgment and a deeper understanding of the history of the Troubles. Consideration of any such approach would need to be balanced against the desires of others to see justice done or to leave this possibility open should the necessary evidence be collected. Progress would need to be contingent on respect for the law, including obligations under inter- national law. On this island, we have the potential for a good future, but to get there we cannot blind ourselves to the past. We must ensure that the wounds of the Troubles are not allowed to fester because we need healing. The announcement on Monday of the new Victims Com- mission for Northern Ireland was an important step forward and I wish the commissioners well as it begins its work. The Good Friday Agreement states that building a peaceful and just society would be the true memorial to the victims of violence. Addressing serious issues, including collusion, can contribute to building that society. We owe it to the victims, to those who can no longer speak for themselves, to learn from the mistakes of the past so that we are not doomed to repeat them endlessly. It is only right that we have this debate now.

Deputy Sea´n Ardagh: In reading through the literature related to this debate, I noted that it has been 40 years since the start of the Troubles. It was in October that the first marches occurred and the North’s civil rights groups started their actions. The British army then unle- ashed its power and weapons and the Troubles started. I am delighted that, 40 years later, there is a peaceful, prosperous and shared society in Northern Ireland and a working Northern Executive and that our Government and the Northern Executive work well together. It is a change-about. The one matter that sticks in my mind more than anything else is the first day of the commit- tee hearings on the Dublin and Monaghan bombings. In the committee room downstairs, the victims and relatives of victims gave their first-hand accounts of what occurred on that day and what has occurred in the 35 years since. It has been seven or eight years since those hearings commenced, but I remember distinctly Charlie Bird on the 6 o’clock news on RTE. It was riveting television. The members of the committee, including Deputy Costello, were stunned into silence by the harrowing stories told to us that day. The people in question have remembered those events not just for 35 years, but up to today. I welcome the Taoiseach’s comments yesterday on the Order of Business that he was pre- pared to accept a motion put to the Da´il and agreed among all party Whips. I hope they will make every effort to agree a wording on the question of collusion between the perpetrators of the violence and the British security forces. It is important that this work be done behind the 748 Barron Reports: 31 January 2008. Statements (Resumed) scenes so that an agreed motion can be developed in the House and put without replaying the entire debate. Mr. Justice Hamilton began the inquiry, Mr. Justice Barron continued it and four reports have been made on the Dublin and Monaghan bombings, the Dublin bombings, the murder of Seamus Ludlow in Dundalk, Kay’s Tavern and many other atrocities. As we went from report to report, it became more fixed in my mind. Initially, I was unsure and I accepted the possibility that there was no collusion, but as reports came one after the other, it became fixed in my mind that there was collusion between British security forces and the perpetrators of some of those dastardly crimes. I would not claim that it was in an overt manner, but it certainly occurred through a nod, a wink and turning a blind eye. Sections of the British establishment took the view that whatever their intended end justified the means. Why was full co-operation not given to Mr. Justice Barron by the Northern Ireland Office when he sought it more than once? This co-operation would have included the files of MI6, MI5 or whoever the British security forces in the Northern Ireland Office comprised. These security forces were not pre- pared to allow the files to be seen by Mr. Justice Barron, which, in itself, indicated that there was something to hide. We found that members of the security forces in the North were engaged in these terrorist activities in the Republic. It is inconceivable that the colleagues and superiors of these people were not aware that these men were involved. A blind eye was turned to many of their activities. I thank the members of the sub-committees, all of which I had the privilege and honour of chairing. Deputy Joe Costello was very much an active participant in all those hearings. A number of people, including Deputy Finian McGrath, were also involved in those hearings, but one person I must name is Senator Jim Walsh, who took a very active role in it. These inquires would not have happened unless the Taoiseach had at the beginning asked John Wilson to act as the Victims Commissioner. He produced a report and recommended that an inquiry be held into the Dublin and Monaghan bombings and the other bombings I men- tioned. Again, the Taoiseach ensured, and the Government agreed, that first Mr. Justice Hamilton and then Mr. Justice Barron would continue with those inquiries. The sub-committee of the Oireachtas Joint Committee on Justice, Equality, Defence and Women’s Rights received full co-operation from all of the gardaı´ and the Departments of Justice, Equality and Law Reform and the Taoiseach. In addition, the Taoiseach attended a meeting of the sub-committee and answered questions on the matter. Mr. Paddy McEntee SC looked at some matters as part of the first commission of investi- gation set up under the Commissions of Investigation Act. I know that Deputy Costello was the justice spokesperson at the time. The Commissions of Investigation Act, which was very useful legislation, went through our committee. It was the first time this Act was used and it was used effectively. It is a template for further use in the future, probably in place of tribunals, but that is another day’s work.

Acting Chairman (Deputy Charlie O’Connor): The Deputy’s time is almost up.

Deputy Sea´n Ardagh: The Minister for Foreign Affairs has carried out significant work in respect of trying to help the victims of violence complete their grieving and bring closure to all those affairs, particularly in respect of the consultative group in Northern Ireland. I know he has worked with Peter Hain in agreeing and bringing this about. He has also been very involved on a regular basis. We see him at the meetings and on television. I also express my thanks to him for the work and effort he has put into it. 749 Barron Reports: 31 January 2008. Statements (Resumed)

Deputy Arthur Morgan: While I welcome any opportunity to raise the issue of collusion, highlight the predicament of the families and recognise their huge effort in campaigning for justice, information and, above all, truth, I agree with my colleague, Deputy O´ Caola´in, and members of the Labour Party that it would have been much more constructive to have an agreed motion before the House and to have a debate around it. This motion should have contained some firm direct action as a follow-on to the statements expressed this afternoon and yesterday. However, these statements have again seen agreement across the parties in the Oireachtas that the British Government has failed to co-operate with inquiries established by the Oireachtas into attacks in this State, including mass murder, in which there is overwhelming evidence of direct or indirect involvement by British state forces. Two years ago, we unani- mously called on the British Government to establish an independent public inquiry into the murder of Pat Finucane. This was no small matter. This was the democratic Parliament of this State speaking with one voice and demanding that the British Government establish an inquiry into one of the most serious crimes any Government can commit, namely, the murder of a person under its jurisdiction by its forces. The British Government, first under Tony Blair and now under Gordon Brown, has refused the call of this Oireachtas and refused to establish this inquiry. We now need to know what efforts have been made by the Government led by the Taoiseach to press this issue with the British Government. We also need to know what real action the Taoiseach has taken in an effort to prise information about collusion from the British Govern- ment. He has repeatedly claimed that he raises these matters every time he meets the British Prime Minister but is that it? For example, are all British MPs even aware that the Da´il and the Seanad have made this call? Have copies of all relevant reports, including those by Mr. Justice Barron, been sent to the British Parliament and have MPs been informed of their existence? Have there been meetings with party leaders and have key parliamentarians been lobbied? The Minister of State at the Department of the Taoiseach, Deputy Tom Kitt, stated earlier that these statements give us the opportunity to consider what further action can be taken. It is a pity the Government did not convene a meeting of all parties before these statements and agree a motion proposing such action. We could then have had a real debate and a productive outcome. The Government can make amends for mishandling this matter by meeting with parties in the coming days and agreeing a motion to be put before the Seanad, which is also due to have a debate on collusion. That motion can then return here and we can proceed with a plan of action. The survivors and relatives of the victims of collusion deserve a serious and concerted approach that goes beyond simply stating our views. One case where we cannot simply blame the British Government for not enabling us to achieve significant closure is the case of Seamus Ludlow, who was murdered in County Louth. Much of the missing information relating to that case lies in Garda files in this State. The Taoiseach could order a full public inquiry this afternoon. Why does he not do so? Perhaps this is where he should start his quest for assistance for the families of the bereaved. Reference has been made to the Consultative Group on the Past. I take this opportunity to put on record my position and that of my party on the work of that body and the various proposals which have been flagged. The British Government cannot credibly establish a mech- anism for dealing with the past which is capable of commanding sufficient truth or credibility, whatever the virtues or good intentions of those involved in a consultative group which it has appointed. The British Government’s handling of this issue has consistently resulted in adding to the pain and suffering of this large constituency of people. This inevitably results from the 750 Barron Reports: 31 January 2008. Statements (Resumed) fact that the British Government is not neutral. This was most clearly evidenced in the Bloom- field report. This report gave “special consideration” to members of the British security agen- cies who lost their lives during the conflict and devoted a mere two paragraphs to the people killed by these same agencies. Some families have spent decades in pursuit of the truth, coming up against one closed door after another. In only a few instances have inquiries been conceded. Even in these few cases, new obstacles and delays are still a fact of life. In the vast majority of cases, however, those who have lost loved ones have been pointedly denied the truth. In fact, every effort imaginable has been made to hide and obscure what happened to the many hundreds of people killed directly by British state forces in collusion with their proxies in the Unionist paramilitary organ- isations. This cannot be allowed to continue. Political posturing and self-interest cannot be an obstacle to moving the situation forward. All of us have responsibility to create the circumstances in which the needs of all victims are met. Sinn Fe´in is committed to finding a way forward. We accept that dealing with the legacy issues is an onerous task. However, it is of crucial importance that the past is dealt with and a mechanism found which treats all victims equally and allows families of victims an avenue of acknowledgement, apology and, above all, truth. We are keen to assist in such a process. A firm motion proposing a series of actions, following a debate in this House, would have been more efficacious in achieving what the families most desire. When we look across the incidents in this State, at Kay’s Tavern, Dublin and Monaghan, I have no doubt the families of the victims of these atrocities are as hurt today as they were on the day of the 3 o’clock incidents. Each of us must do what we can to bring truth to these people. Refer- ence was made to working with the British-Irish Interparliamentary Body in try- ing to achieve progress in this matter. There are many agencies that could contribute substan- tially to achieve truth, not just in the case of collusion but beyond. First, there is work to be done in this House. We must deal with the incidents that occurred in this State. It is crucial and I hope the Government will change its mind, return after a motion in the Seanad and put the motion to this House for further debate. That is a mechanism to move this forward and to give the families most affected by these atrocities in this State an opportunity to get truth and closure.

Deputy Martin Mansergh: In the context of the peace process, the handling of the legacy of the past is crucial. In Northern Ireland, the appointment of the Eames-Bradley group, as well as some recently appointed victims commissioners, was not free of controversy. I congratulate the members of the sub-committee on the vast volume of work over a long period. When I was in the Seanad I spoke with my colleague Senator Jim Walsh and I know how much work went into it. I am sure that is true of all members, including Deputy Costello. The committee members had to sift through the Barron report and hold hearings. This shows that the State and the Government has gone to considerable lengths to try to clarify issues. All of us share deep sympathy with the families of the victims who, in the vast majority of cases, were simply blown apart on a certain day without warning. Those wounds do not heal over a lifetime and going through these reports there is a strong desire for the search for truth, knowledge of what happened and why it happened. All the attacks have in common that they were carried out from Northern Ireland, mostly at a time when co-operation between the two jurisdictions was limited, certainly more so than at present. Relationships between governments could be strained at times and these were periods of high tension. The violence in the North reached its peak in 1971-76. I remember seeing the 751 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Martin Mansergh.] events of the 1972 and 1974 bombings on the television in Tipperary. I had the feeling that if the perpetrators managed to escape across the Border without being apprehended there would not be much more to do that was in the power of this State. We must remember that there was no extradition at the time and the Criminal Law (Jurisdiction) Act, which might have allowed reciprocal prosecution across borders, did not exist until the end of 1976. The State and its organs were chary of demanding too much of counterparts north of the Border because facilities such as hot pursuit, questioning and handing over suspects would be requested in return. In this State, public opinion was at a certain state, far removed from the present posi- tion. It is important, particularly in sensitive matters such as security, that there is a broad consensus as far as possible among the vast majority of the population on what the State and the Government is doing. An unfortunate feature of some of these cases is that many official papers have been lost or removed. Frankly, I do not know which. Those who have not worked in Departments underesti- mate the vast quantities of paper that were generated, particularly in the pre-electronic age, even in non-sensitive matters. As a young civil servant I had the experience of having great difficulty in retrieving files on non-sensitive issues, even if they were only two or three years old. One lesson I hope has been long since applied is the need to improve the archiving of Government papers, especially those relating to any matter that is particularly important and sensitive. That includes murders, terrorist attacks and so on. One of these reports suggests that perhaps it was because files were put in a special place that they became lost. Notwithstanding the vast improvement in intergovermental relations, I deeply regret a recur- ring feature in these matters over the period is the very limited, not to say minimalist co- operation, from the British Government. I interpret this as an attitude of the British Govern- ment, its senior officials and security authorities, not to be prepared to lift the lid on the methods used to fight the war. They might have officially called it something different but those involved fighting the war was effectively what they saw themselves as doing. We know there was considerable infiltration of and relationships with paramilitary groups, especially but not exclusively, loyalist ones. The question arises as to what extent they were used as proxies to fight the war. The British Army came to Northern Ireland from various colonial engagements in Aden, Cyprus and Malaysia where it was able to do very much what it liked with minimal scrutiny back home. Earlier this week I saw an interesting film, “Charlie Wilson’s War”, set during the Soviet occupation of Afghanistan. It claims to be based on a true story of how certain American agencies provided the Afghan mujahidin with the equipment with which they were able to claim victory in that conflict. In theory, the mujahidin won the war but the film made it obvious it was because of American aid. An open question in my mind is to what extent loyalist para- militaries were used to hit targets, communities and intimidate this State through attacks and bombs. The timing of the 1972 Dublin bombs changed the outcome of a division in this House. The then Government was on the point of falling but after the bombs went off the outcome of the division was different. One can argue this was pure coincidence but I do not believe so. At the time I believed — and still do — that they had a political intent. The question is what was that intent. However, one can only speculate about it. The Dublin-Monaghan bombings of 1974 must be seen in the context of the struggle to bring down the Sunningdale Executive reaching its climax. There is no doubt they were intended to deter this State in all sorts of ways. From a Unionist and loyalist point of view, an Irish dimen- sion in northern affairs was a no-go area. 752 Barron Reports: 31 January 2008. Statements (Resumed)

When I worked with Fianna Fa´il in Opposition in the mid-1990s, a former member of the northern security forces — but from Northern Ireland, not from Britain — gave me details which I noted and subsequently supplied to the secretariat of the Department of the Taoiseach for fitting into the Barron inquiry. The information I was given was not very different from versions given to several other people. The question arises as to whether British operatives fitted into a larger context. We know the British Labour Government of 1974 to 1979 was deeply unpopular with right-wing elements in Britain, including the intelligence services. It has been suggested this could be seen as the wider context to the bombings. During the past ten years I have the sense the British Government’s control of its security services is limited. There is the famous remark by the Queen, a very well-informed individual, about shadow forces in the country of which we know nothing. Did the British Government know or want to know about these events? There was the disgraceful episode of collusion, referred to by the last speaker, relating to the murder of Pat Finucane. I am glad the public career of the British Minister of State who made disgraceful comments in the House of Commons at the time did not prosper. We must keep an open mind on these matters. More evidence will come to light but there must be pressure for this to happen. We must encourage those concerned to tell their stories and not to take secrets to the grave. There were lessons from that period. The Government was not intimidated by threats of loyalist attacks. I recall in the mid-1990s being given a list of targets in Dublin which I promptly passed to the then Department of Justice. We have an important duty to ensure any misconceptions or myths about what the then Government was about are dispelled as quickly as possible in case they form a basis for attack- ing people. I commend the reports and after the debate further consideration must be given in how this process can be carried forward.

Minister for Foreign Affairs (Deputy Dermot Ahern): I thank Members for their contri- butions to this important debate which the Taoiseach agreed to hold after the Christmas recess. I wish to note my appreciation for one of the unsung heroes of the transformation that has occurred on this island, Deputy Mansergh, and for the work he has done over several decades in this regard. Politics in Ireland and Northern Ireland has been transformed with greater optimism for a better and shared future. It has been a very long process. Over the past two days we have been reminded that, despite the great changes under way, the painful and terrible legacy of the Troubles remains the everyday reality for numerous families and individuals. Yesterday was the 35th anniversary of Bloody Sunday. How many of us in this House remem- ber what we were doing when we heard the awful news from Derry? If our memories of the events of 30 January 1973 remain sharp, I can only imagine how deep emotions run in families that mourn lost loved ones. I speak of the families of the victims of the Dublin, Monaghan and Dundalk bombings, of the Miami Showband, and of the families bereaved on days like Bloody Friday, or in places such as Kingsmill, Loughinisland or Enniskillen, where terrible deeds were done. I speak of all those touched in whatever way by the long catalogue of murders and attacks which marked a low point in the history of this island. So many paid a heavy price in death, injury and loss. Death and suffering visited my home town of Dundalk. I remember it as a teenager and in my 20s. The bombing of Kay’s Tavern just before Christmas 1975 and the murder of Seamus Ludlow barely six months later are still remembered across the community in my area. In particular, their families remember. I have seen their grief, their loss, and heard their demand 753 Barron Reports: 31 January 2008. Statements (Resumed)

[Deputy Dermot Ahern.] that wider society listen to and recognise the families’ experiences. The State failed them in the 1970s. The previous Government at my request included the Dundalk bombing as part of the Barron remit and I am delighted that it was readily accepted. I hope the work of Mr. Justice Barron and the Oireachtas committee, and the ongoing follow-up by the Government will help give them the comfort they deserve. We can never bring back what they have lost, but we can show solidarity with all those who suffered loss as a result of the conflict. Those who suffered as a result of collusion have their own grief mirrored by the grief of other families who have suffered not perhaps because of collusion. They include families like the families of Robert McCartney and Frank Kerr, who was murdered in 1994 in Newry. The finest tribute we can pay is to redouble our commitment to the creation of a better future for everyone on this island, regardless of kith or kin. To get there, it is clear that there needs to be engagement with the painful lessons and legacy of the past. I do not underestimate this challenge. Deputies referred to the late John Wilson, in his capacity as Victims’ Commissioner. His 1999 report, A Place and a Name, which was very aptly titled, not only describes the often difficult situation of survivors, but also recommended how some of their needs might be addressed. John took a great personal interest in individual cases, using the experience he gained as a Deputy to help victims secure what they were due. It was he who recommended the establishment of a remembrance commission, whose remit the Government recently extended. He also played his part in the search for the disappeared through his membership of the Commission for the Location of Victims Remains. That commission has of course yet to finish its work, and too many families have yet to have the comfort of burying their missing loved ones. Over the years since becoming Minister and before I have met people who have suffered from the Troubles. Of them all my heart goes out in particular to those who are not yet able to able to bury their loved ones. The report, A Place and a Name, gave direction and impetus to further inquiry into particular cases arising from the conflict. This was taken forward in the work of the late Mr. Justice Liam Hamilton and Mr. Justice Henry Barron in the Independent Commission of Inquiry, and by Mr. Paddy MacEntee in his investigation into the Dublin and Monaghan bombings. Their reports shine a light on many violent incidents whose effects had for too long been compounded by confusion and misinformation. I pay tribute to Deputy Sea´n Ardagh, who spoke earlier, and to all the members of the Joint Committee on Justice, Equality, Defence and Women’s Rights, who meticulously advanced the work of Mr. Justice Barron and Mr. MacEntee. They heard testimony from those whose lives were dramatically impacted by violence. Many of their families, friends and advocates have been with us, in the Visitors Gallery, during this debate. The committee dealt with issues which go to the heart of the democratic process — the failure by the state in its duty of care to its citizens. This is an area where many questions remain unanswered, but face it we must if we are to be true to our responsibilities not only to those touched by the loss of loved ones, but also to the goal of better relations across communities and between these islands. The findings of the Oireachtas committee that collusion occurred and that it was widespread are of the utmost seriousness. The Taoiseach and I promptly ensured that copies of the reports of the Oireachtas committee were brought to the attention of the British Government. We made clear that the findings regarding collusion were deeply troubling and a matter of serious concern. We have consistently pressed the British Government to co-operate in the investi- gation of all these incidents. Its response to date has been inadequate and unsatisfactory. We continue to stress to the British Government the absolute importance of co-operation in this area. 754 Barron Reports: 31 January 2008. Statements (Resumed)

I appreciate that there are many issues on all sides arising from the past. I have consistently emphasised, not just as Minister for Foreign Affairs but as someone who saw the damage the Troubles inflicted on my home town of Dundalk, the very deep anxiety and widespread con- cerns arising from these reports and the need for the British Government to play its part in addressing these concerns, including the need for full disclosure, as highlighted by Mr. Justice Barron. It is in everyone’s interests to try now to secure closure with clarity in respect of these dark and troubling cases. Not only have the institutions in Northern Ireland been restored, but also there is a real prospect of the devolution of police and justice powers to the Executive. This island is being transformed, by progressive steps, brave decisions, creative thinking and often painful exchanges. As this change is embedded, through working institutions and increased trust between communities, the quarrel is becoming history. However, just as we must learn the hard lessons of peace so that conflict on this island never happens again, we have a responsibility to share the insights of the peace process with others. That was why I have established a conflict resolution unit in my Department. Through this initiative, I believe that Ireland can make a distinctive and effective contribution to international peace making, peace building and lesson sharing. The unit is leading the development of an Irish academic centre for conflict resolution, overseeing a stability fund, and will manage a system of roving ambassadors to crisis regions in the world to impart the practical know-how we garnered over decades during our own peace process. We have achieved much, but the process is not over. The success of the peace process will be measured ultimately by its effect on the lives of people. In this House we often focus on the economic benefits of peace, the normalisation of relations and the landscape, and increased investment. These are without doubt essential building blocks towards a better future. However, people in Border areas frequently speak to me about the return to normal social contact which is the foundation of a healthy community. Some of those who have impressed me most during my political career are those touched by the awful events we have been discussing today. I have been moved by their embodiment of the power of the human spirit, by their bravery, their patience and their capacity to forgive. They are in some cases taking the difficult, but important, step of engaging with neighbours, breaking a silence which may, for whatever reason, have endured for many years. I acknowl- edge the tremendous dignity which victims of violence have displayed in the face of horrible adversity. Many struggle to understand why things happened to them or to their loved one. Some seek truth, others justice. Some cannot forget. Others want to break the chains of mem- ory. For some, the traumatic impact of violent attacks on them or their loved ones remains a huge burden, one which precludes an easy normality. That is why the announcement this week of the four Victims Commissioners for Northern Ireland was a welcome development and I wish them well. If, as individuals or as a society, we are to move on, we need to understand better the dynamics of the particular time through which we have just come, and the manner in which individuals and groups responded or failed to respond, to events during this period. This process of discovery can take place in a number of ways, particularly through public inquiry. At Weston Park in July 2001 the two Governments asked Judge Cory to undertake a thorough investigation of allegations of collusion in a number of cases. He recommended that inquiries be established in this jurisdiction and in Britain. This has led to the establishment in this jurisdiction of the tribunal of inquiry into the heinous murders of Harry Breen and Bob Buchanan and to separate inquiries in Northern Ireland into the murders of Billy Wright, Rosemary Nelson and Robert Hamill.

755 Priority 31 January 2008. Questions

[Deputy Dermot Ahern.]

Judge Cory’s recommendation that there be a full public inquiry into the murder of Pat Finucane remains outstanding. I take this opportunity to repeat this House’s call for the immediate establishment of a full, independent, judicial inquiry into this terrible murder and I will continue to do that with our British colleagues. It is time that his family, like so many others, were given greater clarity as to what happened to their loved ones, and who was responsible. In other cases, different and less formal processes may also play a useful role and this debate is one of them. There are issues that will come before the consultative group on the past, led by Archbishop Robin Eames and Denis Bradley. This group is considering how the legacy of the events of the past decades can best be approached. I welcome the establishment of this group and offer to co-operate with its work. I look forward to the work they will be doing as they continue to investigate these matters. I await with great interest the recommendations which they will present later this year. The group’s public consultations earlier this month highlighted the complex and sensitive issues with which they are engaging. I have no doubt they will bear this in mind when considering this report. Building the peace in a way which is respectful of the suffering of the past and which leads to a better future for everyone on these islands is the best way we can honour the dead and serve the living. Today and yesterday this House has heard many of the reasons we need to face up to our difficult past if we are to arrive at a better future for all and we should not shirk this challenge.

Ceisteanna — Questions.

Priority Questions.

————

Hospital Services. 1. Deputy James Reilly asked the Minister for Health and Children the date investigations (details supplied) into a number of cancer diagnostic scandals will conclude; the reason for the delay in publication of these reports particularly the Dr. Ann O’Doherty report promised by the end of November 2007; and if she will make a statement on the matter. [2924/08]

Minister for Health and Children (Deputy Mary Harney): The investigation by the Health Information and Quality Authority into the care provided by the HSE to the named individual commenced in June 2007. In December 2007, information came to the attention of HIQA that led it to decide that further work was needed. I have been informed by HIQA that it expects this report to be published before the end of February 2008. The HSE has advised my Department that a report on the reviews of mammography services and ultrasounds in Portlaoise will be published when the necessary legal requirements have been completed. The legal process is ongoing. Due process and natural justice must apply in respect of this report and any report where the findings in that report may affect the pro- fessional reputation of any individual. The report on the review of circumstances which gave rise to the placing of a radiologist on administrative leave in Portlaoise is complete and is with the chief executive officer of the Health Service Executive. The report I requested from the HSE board into the events following the HSE decision to initiate a clinical review of breast cancer services at Portlaoise, being carried out by Mr. John Fitzgerald, is currently being finalised. 756 Priority 31 January 2008. Questions

The review team carrying out the review of breast services in Barrington’s Hospital and medical centre expects to finalise the draft report in the next few weeks. Following the com- pletion of the necessary legal requirements, the report will be submitted to me and to Barrington’s Hospital. The investigation by the Health Information and Quality Authority into pathology services at University College Hospital Galway was commenced in September 2007. I am informed that significant progress has been made in this investigation. While it is difficult to predict precisely at this stage when the work will be completed, it is hoped that the investigation will be con- cluded by the end of March 2008 and the report will be published as soon as possible thereafter. The pathology review in Cork University Hospital is currently being finalised. It will then be submitted to the director of the national hospitals office.

Deputy James Reilly: The greatest health scandal to have hit this country in the last 25 years has been the manner in which women were treated by the breast cancer service in Portlaoise. The Minister was informed of this in 2005 and her response was appalling; she passed the buck and nothing was done with the consequence that 11 women were misdiagnosed and hundreds of women had to go through the worry and mental anguish of waiting while the results of repeat tests had to be checked. I refer to the appalling manner in which files were left stacked up in boxed lots in the corner——

An Leas-Cheann Comhairle: The Deputy should ask a question.

Deputy James Reilly: The question is coming.

An Leas-Cheann Comhairle: Soon, please.

Deputy James Reilly: I think it is important to set the tone. They remained until the cohort was reached and until it was decided by the HSE — the Minister’s invention which she created by legislation and whose ethos has evolved under her — that it was then the time to deal with these people. It seemed to be a case of “It is all right, Mrs. Reilly, you might have a breast lump and in fact, you might have cancer, but we will deal with you when we are good and ready. When we feel we have enough people to warrant taking action, we will take action”. This is the lowest point which the health service has reached for a long time. The Minister promised this House on 7 November 2007 that the Ann O’Doherty report would be available by the end of November, yet we are now at the end of January 2008 and we are being promised the report again. The reason given for the non-production of this report is that natural justice must be allowed for and we all agree this should be so. However, the specific reason I was given was that an individual is not in the country having returned to South Africa and must be given sight of the report before a conclusion can be reached. Is the Minister telling the House and the people of Ireland that if this person does not return to Ireland for two years, we will not have a report for two years? This is not the case because it is absolute, errant nonsense. Fax machines and e-mail mean that people can be contacted within 24 hours anywhere in the world. A person’s response can be received and his or her rights can be preserved. Will the Minister ensure that this and the other reports come to hand by the end of next month? Can she make a commitment that can be kept this time, rather than all the false promises given on this and so many other matters which will be referred to in later questions? I have one other supplementary question. I ask the Minister to ensure the independence of the Portlaoise second investigation on how the matter was handled and whose terms of refer- 757 Priority 31 January 2008. Questions

[Deputy James Reilly.] ence are broad. She has asked for the good services of Mr. Fitzgerald but has asked him to report to and work with three members of the board of the HSE. This does not inspire confi- dence in the people who were so badly let down by the very same HSE which the Minister is now asking to investigate itself. On behalf of the people of Ireland and the women who have suffered so badly at the hands of the State’s health service, I ask her to assure them that Mr. Fitzgerald can act in an independent fashion, select his own team to help him complete his report and report directly to her so that she can report to the House.

Deputy Mary Harney: That was more like a speech rather than a question.

An Leas-Cheann Comhairle: The Deputy used three and a half minutes of the seven minutes allowed.

Deputy Mary Harney: The Deputy well knows that when Mr. Naughten wrote to my office his letter was acted upon immediately by the clinical director, Dr. Hollywood and Mr. Naughten was satisfied with the response he received.

Deputy James Reilly: He certainly was not satisfied with any response. There is no doubt about it.

Deputy Mary Harney: That is a fact. It is the case that nine women were misdiagnosed. Unfortunately, errors of this kind that happened in the past went unreviewed, unnoticed. We are not unique in Ireland in recalling patients. I refer to an article in a French newspaper which states that last week, 7,000 cancer patients were recalled for review and the Deputy is aware of this. It is not unusual.

(Interruptions).

Deputy Mary Harney: There were no files left standing. Ann O’Doherty’s report was completed in November and as the Deputies sitting beside Deputy Reilly will know, as they are both lawyers, when a report is completed, if it casts any doubt on the professional reputation of any person, such a person must be given an opportunity within a reasonable time period as suggested by legal advice, to respond. This is the process which is under way. We do not want this report to be injuncted. This House sought to inquire into a different incident a number of years ago but it ended up in the courts and the inquiry could not proceed. We must ensure that the process is followed even though it is extremely frustrating but the law must be observed.

Deputy James Reilly: Why did the Minister not say that at the end of November?

Deputy Mary Harney: We have the report. The HSE had the report by the end of November but it was not in a position to publish the report because of the contents of the report until it went through what I will term the process of natural justice. I will give the Deputy this assur- ance that as soon as that process is completed, the report will be published. The Barrington’s Hospital report will be published immediately when I receive it. I will ensure the Attorney General gives me advice but I will not be holding back that report. We want to learn from all these mistakes with a view to ensuring that it minimises the chance of it happening again. 758 Priority 31 January 2008. Questions

Mr. John Fitzgerald is a man of great integrity. He has complete independence in the carrying out of this report. Any resources he requires will be made available. However, the board of the HSE does not meet every week. When I asked the board to carry out a review, it appointed a sub-committee to take charge of the review and this is normal practice. The sub-committee is neither to write the report nor to vet the report nor to approve a draft of the report but rather simply to deal with some of the logistics associated with his investigation.

Accident and Emergency Services. 2. Deputy Jan O’Sullivan asked the Minister for Health and Children her views on whether the national emergency which she acknowledged due to the number of patients on trolleys in 2006 has re-emerged in winter 2007 in view of statistics and of concerns expressed by the Irish Association of Emergency Medicine; the action that will be taken to address this problem; and if she will make a statement on the matter. [2782/08]

Deputy Mary Harney: Improving the delivery of accident and emergency services continues to be a top priority for the Government and the Health Service Executive. There have been considerable improvements made over the last two years in the delivery of services in accident and emergency departments. The number of patients awaiting admission to a hospital bed from accident and emergency departments reduced by 50% between December 2005 and December 2007, from an average of 155 to 78 a day. However, there was an increase in the numbers in recent weeks which the HSE attributes to a number of factors, including increased levels of virulent norovirus, winter vomiting bug; increased levels of influ- enza and chronic obstructive pulmonary disease; and an increase in the number of delayed discharges, particularly in the Dublin area. These are patients who remain in hospital although they have finished the acute phase of their treatment. The HSE is working intensively with the hospital system to bring about further sustainable improvements. One of the key issues being addressed is the system of discharge planning. A major focus is being placed on ensuring that all patients have an expected date of discharge within 24 hours of admission; the expected date of discharge is actively managed on a daily basis against the treatment plan and any changes are communicated to the patient; patients can be discharged in a more proactive manner at weekends; there is an increased emphasis on nurse-led discharges; and ward rounds are scheduled in a way which facilitates a more timely review of treatment plans. The HSE is also working closely with a number of hospitals reporting significant numbers of patients awaiting admission. This includes a specific focus on the establishment of clinical decision units and short stay units to accelerate the throughput of patients who present at accident and emergency departments. Additional measures are also being put in place to deal with the issue of delayed discharges. In light of the successful conclusion of talks regarding the new contracts for consultants, I hope that progress will be made in advancing the recruitment of additional consultants under the 100 Plus initiative previously announced by the HSE. The initiative is designed to reward hospitals which are operating in line with established performance targets. The additional con- sultants are to be employed in specialties which can alleviate the problems which manifest in accident and emergency departments.

Deputy Jan O’Sullivan: Does the Minister really believe the reasons given that the numbers have gone up again? Is she satisfied that the state of accident and emergency services does not amount to a national emergency similar to the one she indicated a relatively short time ago? The Minister gave very encouraging information about what is being done but can she equate 759 Priority 31 January 2008. Questions

[Deputy Jan O’Sullivan.] the reality with what she just read out? Whether one goes by the Irish Nursing Organisation figures or the Health Service Executive figures, the number of people on trolleys is high. There were up to 400 people on trolleys on one day alone. The figures from the Irish Nursing Organisation tell us there was an increase of 89% in the number of people on trolleys in December 2007 compared to December 2006. An ambulance driver who spoke on the radio this week said he has to sit around waiting for trolleys before he can move his ambulance away from the hospital because the trolleys are occupied in the accident and emergency units. A man in Wexford General Hospital in the constituency of the Leas-Cheann Comhairle stated on the radio that he waited from Thursday to Saturday to get a bed. While we heard something reassuring from the Minister, does she believe that is the reality and what will she do to ensure that the accident and emergency crisis is addressed?

Deputy Mary Harney: I believe what I said and I believe the matter is being addressed. A number of factors must be taken into account and I have instanced some of them. If one takes the example of one hospital in Dublin where because of the performance in the hospital in regard to accident and emergency services and other matters, the Health Service Executive employed consultants to go to that hospital. The recommendations which were produced last September, if implemented, would lead to the freeing up of 64 acute beds. The Health Service Executive had to write to that hospital only last week to remind it of the measures it was to put in place by the end of March. I hope that hospital implements these changes because, if not, the Health Service Executive has stated in its letter it will have to make alternative arrange- ments for those patients with private providers and use the funding that would otherwise go to the hospital. I got a report about another hospital in this city which has a patient there since 2006 who was fit to be discharged at the end of that year. There are issues there around long-term care which the new legislation setting up the fair deal scheme will address. A number of factors in particular influence late discharges. The affordability and availability of long-term care, partic- ularly around the greater Dublin area, is a factor. With the new legislative process in regard to those matters we will certainly make enormous progress. There are some places in the country like the north east where the rate of admission into the acute system is twice what it is in other parts of the country. Deputy O’Sullivan’s area of Limerick, for example, rarely has a problem. I do not say it does not have pressures but in fairness to the hospital in the area it never has the kind of pressures experienced in some big hospitals because that hospital adopts a very good integrated approach with community primary care in the area. It also has better discharge policies and practices than others. We can learn from hospitals like that and Waterford Regional Hospital and other good performers such as St. Luke’s in Kilkenny. It is not rocket science, it is already happening in this country and we want it to happen in more places.

Mental Health Services. 3. Deputy James Reilly asked the Minister for Health and Children if it is the policy of the Government to implement the recommendations of A Vision for Change; the reason funding allocated for mental health services has not been spent on those services; the reason moneys realised from the sale of property assets associated with mental hospitals here have not been reinvested in the development of capital projects envisaged in A Vision for Change; and if she will make a statement on the matter. [2925/08] 760 Priority 31 January 2008. Questions

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The report of the expert group on mental health policy, A Vision for Change, which was launched in January 2006, provides a framework for action to develop modern, high quality mental health services over a seven to ten-year period. The Government has accepted the report as the basis for the future development of mental health services. The Health Service Executive has primary responsibility for implementing the recommendations of A Vision for Change. Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its vote. The Department of Health and Children has been advised by the Health Service Executive that the additional \51.2 million development funding was not used as planned because of competing expenditure pressures and the overriding obligation on the Health Service Executive to live within its approved overall allocation. As a result, some of the planned developments in mental health services have been delayed. However, some of these developments will proceed in 2008, for example, the recruit- ment of eight child and adolescent mental health teams and the provision of 18 beds for chil- dren and adolescents. In regard to the sale of property, I assume the Deputy is referring to The Lie of the Land report recently launched by the Irish Psychiatric Association. The report gives examples of proceeds of assets allegedly lost to psychiatric services over a 20 to 25-year period. A small number of assets disposed of in the past two years are identified. A Vision for Change is very clear on this issue and recommends that resources, both capital and revenue, should be retained in the mental health service. It also recommends that the full economic value of psychiatric hospital buildings and lands should be professionally assessed towards identifying appropriate future use and maximum value and benefit. The value of these assets significantly counterbal- ances the capital cost of the new mental health services infrastructure requirement. I have asked the Health Service Executive to provide for me a report on The Lie of the Land report, especially in so far as it relates to the disposal of assets in the past two years. The Minister for Health and Children, Deputy Harney, has also made it clear to the Health Service Executive in the context of its service plan for 2008 that there can be no question of diverting capital or development funds to meet expenditure pressures arising in regard to core services. I will meet the Health Service Executive shortly to pursue these issues.

Deputy James Reilly: A Vision for Change recommended the establishment of one child and adolescent mental health team per 50,000 people. In total there should be 78 teams but only 47 teams have been established and of the 47 teams only 60% of their staffing complement is in place. That is appalling, given that there were 3,598 children on waiting lists at the end of 2007, with approximately one third waiting more than 12 months for assessment. These are our children; these are our future. A Vision for Change also recommended that there should be 100 inpatient beds for children and adolescents and in 2006 the Minister of State’s predecessor, the former Deputy, Tim O’Malley, promised 80 beds would become available by 2007. To date we have only 12 dedi- cated child and adolescent beds but we are to get an additional 18 beds this year. Like so many other things we will wait and see whether it will happen. We now have a problem because of the Children Act where a young person is considered to be a child until the age of 18 years. We have no adolescent service in Swords, the fastest growing town in Ireland with a population of 40,000 and expected to reach 100,000. We have no adolescent service for young people between the ages of 16 years and 18 years. Adult psychiatrists do not feel competent to deal with them and the junior adolescent service does 761 Priority 31 January 2008. Questions

[Deputy James Reilly.] not have the resources to deal with them. In effect, they have no service as GPs have stopped referring them.

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

Deputy James Reilly: The question is coming. Last week the Irish Mental Health Commission revealed that almost half of the \50 million allocated for the implementation of A Vision for Change, to which the Minister of State referred, had been spent in other areas. On “Prime Time” the Minister was not able to tell us how much of the \50 million had been spent on mental health. Can the Minister explain why moneys allocated for the implementation of A Vision for Change are not being used for this purpose, why there is no allocation of the \25 million for the implementation of A Vision for Change in the budget of 2008 and why mental health services are being stripped of their assets? I wish to add a supplementary question on the psychiatric unit in Beaumont Hospital which was promised over 25 years ago. A unit was built, but it was used because there was over- crowding in the hospital and now there is equipment stored in it. A further application was made a couple of years ago for a psychiatric unit and now the co-located hospital, although not built entirely on it, impinges on that site and makes it unusable.

An Leas-Cheann Comhairle: I must call the Minister.

Deputy James Reilly: I ask the Minister to give an undertaking, as was given on page 177, chapter 17, of his document, A Vision for Change, that the moneys released will be ring-fenced and that we will not have a situation where the money goes elsewhere and where there are, in St. Ita’s in north Dublin because there is no psychiatric admission unit in Beaumont Hospital, 24 patients in a unit with one single room while 23 acutely psychotic patients must lie with 3 ft. between their beds. It is a disgrace.

An Leas-Cheann Comhairle: The time allocated for the question is exhausted.

Deputy James Reilly: This is the Cinderella of the health service and it has been ignored.

An Leas-Cheann Comhairle: Although there is not time for the Minister of State to reply, I ask him to make a brief one.

Deputy Jimmy Devins: I would be delighted to respond. Obviously, we do not have enough time to go into all of the questions. On the child and adolescent services, Deputy Reilly cor- rectly stated that there are 12 beds at present. In the past two weeks I have visited St. Vincent’s in Fairview and St. Anne’s in Galway and the beds in St. Anne’s are ready to be opened while construction is under way in St. Vincent’s in Fairview and in St. Stephen’s in Cork. I can guarantee to Deputy Reilly that by the end of this year there will be 30 beds. In addition, the 20-bed brand new unit in Merlin Park in Galway has just received planning permission and the 20-unit building has gone to tender in Cork. We expect that those two 20-bed units, allowing for the normal construction delays and planning permissions etc., should be on stream by the middle to the end of 2009. I guarantee that 30 beds will be operational for child and adolescent psychiatry by the middle to the end of this year.

Deputy James Reilly: A far cry from 80.

Cancer Screening Programme. 4. Deputy James Reilly asked the Minister for Health and Children the date cervical screen- 762 Priority 31 January 2008. Questions ing will become available nationally; the reason this was not made available by the end of 2007; and if she will make a statement on the matter. [2926/08]

Deputy Mary Harney: The national cancer screening service is planning to roll out the national cervical screening programme on a national basis around the middle of this year. Women aged 25 to 44 years will be screened every three years while women aged 45 to 60 will be screened every five years. The service will be available free of charge to eligible women everywhere in the country. Approximately 230,000 women will be screened annually, assuming an 80% take-up by eligible women. All elements of the programme, call-recall, smear taking, laboratories, colposcopy and treat- ment services will be quality assured, organised and managed to deliver a single integrated national service. The service is in the process of procuring quality assured internationally accredited laboratory capacity. The laboratories will be required to meet turnaround times of ten working days. This process is due to be completed by the end of March. The programme will be based on a turnaround time of four weeks for smear testing. The service is also carrying out a baseline quality audit of existing clinical colposcopy services in the State to establish their fitness for purpose in the context of a national cervical screening programme. Additional revenue funding of \5 million was allocated to the service in 2007 for the roll- out of the programme and an additional \15 million has been allocated in 2008. Thirty posts have been approved to facilitate integration and roll-out of the programme.

Deputy James Reilly: I will give a quick background. Fifty years ago in Aberdeen a pilot study was started in this area. Forty years later we undertook a pilot study, in 1999. Here we are nearly ten years later and it is still promised. With the best will in the world, the Minister told us last summer we would have it by the end of the year. She told us in the autumn that we would have it on 1 January. Then she told us later, coming up to Christmas, that we would have it some time in January. Then we were told it would be March. Now the HSE is stating it will be some time this year. Is there any real intent to achieve this in 2008? I do not believe the Minister can do it. She has not put in place the laboratory facilities. We do not have the necessary facilities such as the accredited laboratory. She will outsource it to America or some place where we have no control of their quality and we have an issue with building into a system a factor that will make interpretation more difficult and, therefore, mistakes more likely. This is an illness of which there is 240 new cases each year and where 74 people die each year. Had the Department put this in place it could have saved hundreds of lives. We are still here talking about it and promises are still being made. It is the one cancer of which I am aware that one can detect before it happens because changes occur in the cell which allows one to treat such cells and get rid of them so the cancer never develops. I get the impression — I do not like to take this stance — that the Minister seems to be suffering from the disability from which the entire Government, and its leader, the Taoiseach, seems to suffer, namely, she does not seem to be able to give it straight, tell the story as it is, give us a deadline that she can meet and make a commitment that she can keep. It is all broken promises and excuses. Furthermore, I want to know about the other part of cervical screening, namely, the vacci- nation. When will the national immunisation advisory board make its recommendation? I believe it is in a position to do it. I cannot understand why it has been held up because the combination of the two could rid us of this terrible scourge.

763 Priority 31 January 2008. Questions

[Deputy James Reilly.]

I want the Minister to give this House a firm commitment. I ask her to show us that she can do it, that she can give us a deadline that she will keep. I ask her to give us a date because this carry-on of leading people by the nose causes the public to lose faith and causes a drop in morale among the people who must provide the service.

Deputy Mary Harney: First, I never announced it was to be introduced in 2007. What we announced for 2007 was the provision of \5 million to begin the process of recruiting staff, etc. As Deputy Reilly well knows, that must happen in advance and sometimes there can be quite a long lead-in time. Second, we will do this on a full roll-out basis. It will not be done in the way BreastCheck was done, namely, region by region. The entire population affected will be done on one national basis and that is why we will be doing so many in one year. Third, I accept what Deputy Reilly stated about other countries. If memory serves me, Can- ada introduced this service in 1969. The cost of these roll-outs in countries like Canada or Scotland is a fraction of what it is here. Among the issues that affect the cost here is the fee paid to general practitioners for vaccines, which Deputy Reilly well knows is three times higher here than in other countries. That brings me to the vaccine. HIQA is undertaking a technology assessment of the vaccine and that will be completed shortly. The vaccine is obviously preventative for the future and I hope that we will introduce it. I believe we will, but I must await the technology assessment, which is now part of the law in this country, where we undertake a pharmo-economic assess- ment of new drugs and technology assessment so that we introduce products or treatments that are effective in an Irish context. The CEO of HIQA informed me at my meeting with her in the past two weeks that the assessment to which I refer will be ready in the next couple of weeks.

Deputy James Reilly: Will the Minister just answer the question? Will she give us a deadline that she will keep and a commitment to which she will stick?

Deputy Mary Harney: I will not speak of deadlines. The middle of the year is what I have been told. I do not announce dates unless I can meet them. Deputy Reilly attended the launch of this year’s Estimates on budget day when we were going through the moneys allocated to health. He was there and he was welcome. I stated on that occasion that it would not be January, February or March because until we knew the budget allocation was available the national screening service was not in a position to enter into contracts with anybody, either the providers of laboratory services or general practitioners. This will be a general practitioner-led service, as Deputy Reilly knows, and that is why it will be so accessible on a countrywide basis.

Health Services. 5. Deputy Alan Shatter asked the Minister for Health and Children the new services she proposes to put in place to provide for adults and children suffering from cystic fibrosis; and if she will launch a public and ongoing advertising campaign to encourage the public to carry organ donor cards to facilitate the greater availability of organs for heart and lung transplant operations. [2890/08]

Deputy Mary Harney: The improvement of services to persons with cystic fibrosis has been a priority of mine. The negative experience recounted by some patients is a matter of concern to me. In 2006 and 2007, additional revenue funding of \6.78 million was provided to the Health Service Executive. Some 44 additional staff, covering both adult and paediatric services, have 764 Priority 31 January 2008. Questions been appointed across a number of hospitals, throughout the country and necessary funding is available to facilitate the recruitment of a further 37 staff nationally. The HSE was asked to place a particular focus on the development of services at the national adult tertiary referral centre at St. Vincent’s Hospital. A number of capital projects have recently been completed at the hospital and have helped to improve facilities. These include a new ambulatory care centre, the refurbishment of St. Camillus ward and a new accident and emergency department, which includes single room accommodation. However, I accept that these developments do not address the immediate needs of patients. The HSE is currently fast-tracking the redevelopment of a ward which is adjacent to the main cystic fibrosis treatment area. The project is to commence within the next few weeks and will provide six single rooms. On completion, additional work will begin to provide a further eight single rooms. This will result in a total of 14 single rooms for cystic fibrosis patients by the end of the summer. In the longer term, a new ward block is to be built, which will include 120 replacement beds in single en suite accommodation, including accommodation for cystic fibrosis patients. Planning permission has been obtained, financial provision has been included in the HSE capital plan and the contract is to be awarded this year. It will be a condition of the contract that the design build period is to be not more than 24 months from the date of contract award. Beaumont Hospital operates as a regional centre in providing services to adults with cystic fibrosis. In 2008, a special allocation of \2.5 million capital funding was provided to enable Beaumont Hospital to provide outpatient facilities for cystic fibrosis patients. I am keen to support and promote initiatives designed to increase the level of organ donation in this country. I have supported the annual organ donor awareness campaign, organised by the Irish Donor Network and administered by the Irish Kidney Association. I also want to ensure that the organ procurement and retrieval rate is maximised at hospitals 4 o’clock around the country. A national audit of potential organ donors commenced last September in 35 acute hospitals with intensive care units. The audit will seek to identify any obstacles to donation and any measures which may be required to increase the level of donation and retrieval of organs at individual hospitals.

Deputy Alan Shatter: Would the Minister accept that the manner in which we have treated cystic fibrosis patients and their parents and families is a national disgrace and scandal? Is she aware there are over 1,100 patients with cystic fibrosis in this country at the moment, the highest proportion of patients per head of population of any other country? Is she aware that a person born in Ireland with cystic fibrosis has an average life expectancy that is ten years less than a patient in similar circumstances suffering from cystic fibrosis in the United Kingdom or in Northern Ireland and does she regard that as acceptable? Does the Minister acknowledge that, as is the position in adult hospitals, many of the cystic fibrosis units, including those relating to paediatrics and the clinic in Crumlin hospital, do not have ring-fenced, dedicated inpatient wards with single en suite rooms to prevent cross-infec- tion? Will she acknowledge there is a need to urgently establish such facilities in tandem with providing them for adult patients who suffer from cystic fibrosis?

Deputy Mary Harney: I can certainly acknowledge that the facilities we have in place are not what they should be. However, I equally acknowledge, as have many of the families and the organisation, that the services have greatly improved, particularly with regard to the employment of clinical expertise. I accept that in this and many other areas the need for single rooms is a priority. That is the reason the new paediatric hospital for the country will be all single rooms. 765 Priority 31 January 2008. Questions

[Deputy Mary Harney.]

The measures being taken at St. Vincent’s Hospital, which will be completed by the end of the summer, are only temporary. It was the hospital’s wish that the cystic fibrosis facilities would be part of the 120-bed facility to be built there. For many reasons, the hospital did not believe it was appropriate to build a cystic fibrosis unit separate from the 120-bed facility. That is the reason a modular-type facility will be put in place and ready by the end of the summer. We have a long way to go. The Deputy is correct that we have 1,100 cystic fibrosis patients, 45% of whom are children and 55% are adults. The life expectancy has greatly improved here, as acknowledged by Professor McElvaney.

Deputy Alan Shatter: It is still substantially less than in the UK or Northern Ireland.

Deputy Mary Harney: It is somewhat less, not substantially. I accept that and I accept the incidence of cystic fibrosis is higher here. The Deputy is probably aware there are many reasons for that. The issue is a priority. In each of the last three years, since I became Minister for Health and Children, we have put specific ring-fenced funding into the area of cystic fibrosis. In the service plan approval I gave to the HSE before Christmas for 2008, I made special reference to the need to strengthen the facilities for cystic fibrosis patients.

Deputy Alan Shatter: Is the Minister aware that since 1983 all newborn babies in Northern Ireland have been screened at birth for cystic fibrosis? Is she aware this not only allows an early diagnosis, but allows at an early stage for appropriate treatment to be commenced? Is she aware the average age in Ireland for discovering whether a child has cystic fibrosis is two years? There is also a gender gap as girls are diagnosed later than boys. Will the Minister acknowledge there is an urgent need to introduce a neonatal screening programme? In the context of the Minister saying the issue is a priority, can she explain how it is that while her Department was asked to commence such a programme in 2003 and it was promised in 2005, it has not yet been introduced? How is it that the HSE is now intimating that it may or may not introduce such a programme in 2008? Will the Minister indicate whether a neonatal screening programme will be commenced in 2008? To return to St. Vincent’s Hospital, will the Minister acknowledge that the number of rooms that will be provided by the short-term initiative now being taken are grossly inadequate to meet the need in this area? Will she explain why the suggestion of a prefabricated unit on an emergency basis with a far greater number of rooms has been turned down? Will she acknowl- edge she has now told the House something different about the proposed facility? It was announced recently that within two years the construction in St. Vincent’s would be completed and the single rooms necessary would be available. Today she has told the House that sometime later this year contracts will be signed. It will take 24 months for the construction to take place. Presumably, the new unit will then have to be commissioned. Will the Minister confirm we are probably four years away from the new extra badly needed facilities being available and will she admit this is unacceptable?

Deputy Mary Harney: The Deputy must have misunderstood me. I said the contract would be awarded this year and a condition of it would be that the facility would have to be completed within 24 months.

Deputy Alan Shatter: That will be three years.

Deputy Mary Harney: No, it will not. The contract will be awarded in 2008 and the facility will be completed in 2010. Nobody has said any different. 766 Other 31 January 2008. Questions

Deputy Alan Shatter: How early in 2008 will it be awarded?

Deputy Mary Harney: It will be the latter half of this year and it will be completed by the latter half of 2010. That is what we have always said. It is what Professor Drumm said when speaking on the issue a few weeks ago.

Deputy Alan Shatter: That is still three years away.

Deputy Mary Harney: The Deputy may not be aware, but when capital projects are approved, Revenue funding is provided in tandem with that approval. Therefore, there will not be a big gap between the completion and commissioning of the facility. The 14 single rooms provided at St. Vincent’s will be a significant improvement and will operate via direct access rather than through the accident and emergency unit. We must also provide greater community-based services. Just last week, I met a young girl who is a cystic fibrosis patient. She indicated to me that her counterparts in other countries can receive many of the services at community level for which she must go to hospital. Professor Drumm, who treated cystic fibrosis patients in Canada, has strong views in that regard. The HSE has announced it intends to put a screening programme in place later this year. The Deputy may have seen that announcement in the health supplement of The Irish Times about two weeks ago.

Deputy Alan Shatter: Why has it taken so long? Can it be in place this year?

Deputy Mary Harney: I hope so.

Other Questions.

————

Hospitals Building Programme. 6. Deputy Pat Rabbitte asked the Minister for Health and Children the plans there are to increase the capacity of the National Rehabilitation Hospital or to provide such a service else- where; and if she will make a statement on the matter. [2713/08]

Deputy Jimmy Devins: The National Rehabilitation Hospital in Du´ n Laoghaire is a 120-bed hospital which provides treatment and rehabilitation for patients with spinal cord injuries, head injuries, amputation, traumatic and non-traumatic brain injury, strokes, neurological disorders, children’s disabilities and spina bifida. It also provides wheelchair and mobility aids assessment, pre-vocational and vocational training programmes involving a wide range of social, personal and work-related skills with a view to enhancing opportunities for each individual for further training, employment and educational options. There is also a 12-bed hostel to enable clients from outside the greater Dublin area to access day services in the hospital and the vocational training unit. A new hospital is in the planning stages and once built will provide additional capacity at the hospital. This project would increase the bed capacity of the National Rehabilitation Hospital to 235 beds. I understand that a project team is working with an appointed design team to develop the brief for the new hospital and plan for the development. The Health Service Executive has also informed the Department that a project team has just completed a needs assessment on the development of an acute medical rehabilitation unit of 25 beds which is recommended to be built at Beaumont Hospital. This unit would provide acute medical rehabilitation services and early rehabilitation for those suffering from brain 767 Other 31 January 2008. Questions

[Deputy Jimmy Devins.] injury who access the national neurosciences unit at Beaumont and who currently have to access services at the National Rehabilitation Hospital. Plans had been prepared in some areas for regional rehabilitation facilities. The Department and the Health Service Executive are aware of the need to review the potential benefits of a regional network of rehabilitation facilities and services. The development of such a network should be considered in the context of a national strategy for rehabilitation services and the Department is currently considering this issue.

Deputy Jan O’Sullivan: Does the Minister agree that it is hugely distressing for families to know that immediate rehabilitation care is crucial for those who suffer brain injury, stroke or any other condition that results in people attending the National Rehabilitation Hospital? Get- ting in quickly for treatment is crucial. I welcome the fact that a new unit is planned, which will increase the number of beds from 120 to 235. What is the timeframe for providing those extra beds? Are there any plans for Cork? There has been some confusion as to whether a unit is planned for Cork so perhaps the Minister will clarify the situation. Will he also clarify if an acute stroke unit or one of the acute regional units he mentioned is planned for Cork? There is serious concern in the south of the country that the beds currently available are all located in Dublin. It appears the new beds will also be in the Dublin area. What are the plans for the south of the country? Will the Minister also elaborate on the plans for regional units? I stress again how crucial it is for the projected recovery of these patients to get into hospital and receive treatment at an early stage. When will extra beds and facilities be provided?

Deputy Jimmy Devins: The Department is currently considering the development of a formal policy on rehabilitation. A number of issues must be considered, including a needs assessment on a population health basis, the structure of the service provision, the location of the facilities and the nature of the facilities, that is, whether they are hospital, step-down or preparation for independent living. In other words, they would range from acute care to the stage just before going home. The need for the rehabilitation strategy has been brought to the fore for a number of reasons, including population growth and increased trauma survival, especially in cases of stroke and road traffic accidents. The national policy will inform the framework of rehabili- tation services which the HSE, as the agency responsible for providing and contracting services, will have to develop.

Deputy David Stanton: What happened to the plans for a rehabilitation centre for Cork? Plans were drawn up. Why did it not go ahead? What is happening to the thousands of people in this country who suffer stroke or acquire a brain injury and end up in nursing homes? Does the Minister not agree that what is provided in Du´ n Laoghaire at present is inadequate from the point of view of capacity? Will the Minister state how Ireland compares to the rest of Europe, the United States and other countries in this area? It is true that Ireland is not at the races and that it is a disgrace compared to Europe?

Deputy Jimmy Devins: I reject the last allegation. We are at the races——

Deputy David Stanton: You are in cloud cuckoo land.

Deputy Jimmy Devins: ——and the service provided by the National Rehabilitation Hospital is of the highest quality.

Deputy David Stanton: What about the capacity? 768 Other 31 January 2008. Questions

Deputy Jimmy Devins: Perhaps the Deputy would give me an opportunity to reply. With regard to location, there are a number of places in addition to Cork that are considering providing some sort of rehabilitation, be it——

Deputy David Stanton: Some sort?

Deputy Jimmy Devins: The Deputy should listen. It could be an acute, semi-acute or step- down service. There are various types of rehabilitation. On that basis, we are examining the development of a formal policy in the Department.

Deputy James Reilly: I thank the Minister for making arrangements before Christmas for some patients to be transferred from the National Rehabilitation Hospital in Du´ n Laoghaire, thus releasing badly needed beds. There is more capacity in new facilities. Does the Minister of State, Deputy Devins, not accept that the outcome for victims of stroke is far superior from dedicated stroke units than from some type of rehabilitation?

Deputy Arthur Morgan: Does the Minister accept that part of the capacity problem arises as a result of HSE cutbacks? Many patients in the National Rehabilitation Hospital in Du´ n Laoghaire cannot be discharged because no home care packages are in place. Those patients, therefore, are occupying urgently needed beds. When will the cutbacks stop? When will these crucial hospital beds be released by putting in place care in the community?

Deputy Jimmy Devins: I agree it is important that acute beds are released for acute cases. As Deputy Reilly mentioned, before Christmas provision was made to allow patients to be discharged from the National Rehabilitation Hospital. I agree that stroke units have a better outcome in the immediate situation. Obviously, rehabilitation is a different and complex area and, as such, the development of rehabilitative beds, be they acute, semi-acute or step-down, is a vital component of our infrastructure.

Accident and Emergency Services. 7. Deputy Lucinda Creighton asked the Minister for Health and Children the reason, in view of the implementation of her ten point plan for accident and emergency services, her descrip- tion of the accident and emergency services as a national emergency in March 2006, the estab- lishment of a task force on accident and emergency services and the subsequent publication of the emergency department task force report, the number of people waiting on trolleys in acci- dent and emergency departments nationally is in the region of 300 to 400 per day; and if she will make a statement on the matter. [2655/08]

Deputy Mary Harney: As I mentioned in an earlier reply, considerable improvements have been made in the delivery of services in emergency departments. Specific targeted actions are in train to deal with internal management in hospitals in order to improve patients’ experiences. The HSE is also arranging for 200 additional beds to be contracted in private nursing homes with a particular focus on major Dublin hospitals. The HSE advises that 56 of these places have been filled since 18 January. In addition, the HSE advises that it will open an additional 100 long-stay beds from March onwards in a new community nursing unit at St. Mary’s Hospital in the Phoenix Park. These will be used mainly for older people who have completed their acute phase of treatment. These developments follow on from the opening last December of 94 additional long stay beds at Cherry Orchard Hospital. The HSE is proceeding with the implementation of an additional 360 home care packages in 2008 at a cost of \10 million. It is intended to prioritise these additional home care packages to support the Dublin area in particular, a number of the other large urban areas and some 769 Other 31 January 2008. Questions

[Deputy Mary Harney.] specific acute hospitals, such as Cork city, Waterford, Wexford, Limerick, Galway, Mayo. A total of 120 of these are scheduled for implementation in the first quarter. The combination of these measures and those outlined in my earlier reply will lead to continued improvement in emergency departments.

Deputy James Reilly: There were 400 people on trolleys two weeks ago. That is 20% more than in January 2007. A total of 57,000 bed days were lost last year between the Beaumont and Mater Hospitals, which is the equivalent of a 150-bed hospital being closed for a year.

An Leas-Cheann Comhairle: The Deputy is giving information. The idea of Question Time is to elicit information from the Minister.

Deputy James Reilly: Will the Minister acknowledge that we have a capacity problem and that demand is outstripping supply? We can reduce demand by putting in place things such as prevention, national body tests, diagnostics in the community and one-stop-shops in the com- munity where people can be seen and treated by their general practitioner without having to go to hospital. We can increase capacity by getting better use of beds that are currently inap- propriately occupied and by building more beds in the short term. That will have to be done. There is no point having long-term plans for 2020 with 4,000 fewer beds in the system. Whether it is cystic fibrosis, psychiatry, mental health, care of the elderly, accident and emergency fig- ures, neurology, urology or neurosurgery, the dreadful situation is an indictment of our health service. Beverley Seville-Doyle went into hospital at 11 a.m. and was found dead in a toilet the next day.

An Leas-Cheann Comhairle: Has the Deputy a question?

Deputy James Reilly: I extend my sympathies to her family. It is all plans for tomorrow and cutbacks today. Irish men, women and children are dying. Will the Minister use modular hospitals, as they do throughout Europe, to build 1,500 community beds, rather than 200 or 300 such beds, over the next six months? I thank the Minister for alluding to such hospitals earlier in response to a question I asked. The Minister for Education and Science plans to use schools in such a manner. We need to get those who do not need to be in our hospitals out of our hospitals. Will the Minister at least free up the beds that are currently there?

Deputy Mary Harney: Although we may be political opponents, I have a great deal of respect for Deputy Reilly, as he knows. As someone who has a lot of knowledge of this area, he knows it is not all gloom and doom and bad news in this respect. Things have vastly improved. In 1980, life expectancy in this country was two years below the EU15 average — it is now 18 months above that average. Sweden is the only country in Europe where men live longer than they do in Ireland. Just one third of the number of people who used to die from circulatory illnesses 30 years ago now die from such illnesses. While we face challenges and pressures, we should put things in context. I invite Deputy Reilly, as a member of as the Joint Committee on Health and Children, to visit Stockholm, which has twice the population of Dublin but just half the number of acute beds. They do things differently there — they have better discharge policies and they do not keep people in hospital unnecessarily. If one is in a hospital in Dublin on Friday, there is a 99% chance that one will still be there on Monday morning. I hope the new contract will deal with some work practice issues, such as the availability of consultants. I accept that we need more consultants. I know of a hospital in Dublin that could free up 64 beds if it were to organise its acute beds system differently. Consultants went in there. Experts who have brought about change in other 770 Other 31 January 2008. Questions countries made recommendations about the hospital in September. I have seen a letter sent to the hospital by the HSE asking why certain recommendations have not been followed, given that there are people on trolleys. When I looked yesterday at data from another Dublin hospital, I learned that a patient who was fit to be discharged in 2006 is still in the hospital because the person is unwilling to go to a nursing home or a long-term care facility, or to go home on a home care package. Some existing issues in that regard will be dealt with under the fair deal. It is not appropriate for somebody to choose to stay in an acute hospital when alternatives have been put in place. As Deputy Reilly is aware, it is dangerous for a patient to remain in such a hospital if he or she does not need to be there. People should be in such hospitals only if they have to be. Just under 5% of people in Ireland over the age of 65 are in long-term care, which is in line with the international average. The problem is that one third of those people would not need to be in long-term care if we had better home support systems. Not only are more facilities being put in place, but new home support packages are also being provided. They take a while to put in place because it is expensive to recruit the appropriate staff etc. We have been building them up each year over recent years and they are making an impact. It is a question of doing a number of different things.

An Leas-Cheann Comhairle: During normal questions, a Member has one minute to ask a supplementary question and the Minister has one minute to respond. We will not get many questions covered if we do not stick to those rules. Deputies are entitled to have their questions answered, as long as we get to them. I will contradict what I have just said by allowing Deputies Morgan and Jan O’Sullivan to ask a brief supplementary question each.

Deputy Arthur Morgan: While we might have a problem, a Leas Cheann-Comhairle, at least we are not facing a crisis, unlike the health service. How can the Minister credibly claim to be dealing with the accident and emergency crisis when she is continuing to cut back hospital services? Is she aware of a document that came into the public domain this week which advo- cates the closure of the accident and emergency department at Monaghan General Hospital? That would have a significant knock-on impact on Our Lady of Lourdes Hospital in Drogheda, which is already grossly overcrowded. How can the Minister claim to be dealing with the accident and emergency crisis when more and more services are being closed? When will she stop this approach? When will she take charge of this problem and sort it out? She is allowing HSE officials to tinker about with the health of people in this State as if they were dealing with cattle.

Deputy Jan O’Sullivan: I would like to ask the Minister about home care packages. Many Deputies attended a presentation made by the Irish Senior Citizens Parliament yesterday. When one meets senior citizens, one is told that their preferred option is to stay at home, with support. The Minister said that home care packages are expensive. They are primarily privately procured. We are privatising the care of elderly people in their own homes. Why can we not build up the home help service so it is like it used to be? The Minister talks about home help as if it were some kind of newfangled way of looking after people. Is she abandoning the development of the public home care system, involving public health nurses and home helps etc.? While I welcome the provision of an additional 360 home care packages this year, they do not represent much more than a drop in the ocean in terms of the number of elderly people in this country. Rather than providing for such cutbacks in the HSE, would it not be more cost-effective to develop the public provision of care for people at home? It would mean that elderly people 771 Other 31 January 2008. Questions

[Deputy Jan O’Sullivan.] would not have to stay in acute hospitals and we would not have to pay the private sector its top-up profit, not to mention the cost of recruiting professionals and paying their salaries?

Deputy Mary Harney: We are developing the home care sector. It is not something that has always been done, however. It used to be all or nothing — one went into a public long-term care facility, where 90% of the cost of one’s care was subsidised, or one went into a private nursing home, perhaps with the help of a subvention, and had to pay at least 60% of the cost of one’s care. It was totally inequitable. There was virtually nothing else at home. The home help service has been developed rapidly since it was initiated some years ago. I am in favour of whatever works for older people, regardless of who provides the care. I meet many families and hear their stories. I saw a letter yesterday or the day before in which a family in Dublin was full of praise for a private company that is supplying the care. There has to be some flexibility.

Deputy Jan O’Sullivan: It is more expensive.

Deputy Mary Harney: It is not actually. It costs a great deal of money to recruit people and meet their pension requirements, etc. I am familiar with the position in the north east, which is represented by Deputy Morgan. The document to which he referred is a draft — no final decision has been taken on it.

Deputy Arthur Morgan: It is an intention.

Deputy James Reilly: It demonstrates a serious intent.

Deputy Mary Harney: Can I outline the intention in the north east, which has a higher level of admission into the acute system than any other region? Half of the surgical patients in the region come to Dublin hospitals. One third of medical patients in the region come to Dublin hospitals. They have longer stays.

Deputy Arthur Morgan: It is proposed to bring an end to elective surgery at Louth County Hospital as well.

Deputy Mary Harney: There will be less inpatient activity in the north east. That is what is needed in the region and that is what will happen. It is forecast that inpatient numbers there will decrease by approximately 1,800. There will be more day case activity there. That is the way it should be——

Deputy Arthur Morgan: That cannot happen because we are grossly short of general prac- titioners.

Deputy Mary Harney: ——and that is the way it is in every good health care system in the world. One should not have to staff hospitals on Saturdays and Sundays if surgical procedures can be done on a day basis from Monday to Friday. That is a fact all over the world.

Deputy Arthur Morgan: That was happening.

Deputy Mary Harney: It is happening here. We are not closing anything.

Deputy Arthur Morgan: You are.

Deputy Mary Harney: We are trying to make things better.

Deputy Arthur Morgan: Closures are being advocated. 772 Other 31 January 2008. Questions

Deputy Mary Harney: According to the HSE, 800 community supports will be provided in the north east next year.

Ambulance Service. 8. Deputy Terence Flanagan asked the Minister for Health and Children if she plans to increase the number of ambulances available to the Dublin Fire Brigade Ambulance Service; and if she will make a statement on the matter. [2672/08]

Deputy Mary Harney: A review of ambulance service provision in Dublin city and county, which was commissioned and jointly chaired by Dublin City Council and the Health Service Executive, was completed in February 2007. The review was not formally progressed during 2007 because we were awaiting the receipt of the judgment of the European Court of Justice in a case against Ireland relating to the arrangements for the supply of emergency ambulance services in the Dublin area by Dublin Fire Brigade. The judgment in that case was published on 18 December last. The HSE and Dublin City Council are in a position to formally consider the recommendations arising from the review. The HSE gives Dublin Fire Brigade funding to provide an emergency ambulance service for Dublin city and county. The HSE has provided over \9 million for this purpose in 2008. Dublin Fire Brigade operates 12 ambulances for emergency services only, from a number of bases in the city and county. The service operates on a 24-hour, 365-day basis. The HSE operates its own fleet from four Dublin city bases — St. James’s Hospital, Loughlinstown, Tallaght and Swords. The service may be supplemented by ambulances from the wider Dublin and mid- Leinster area as required.

Deputy James Reilly: I have noted what the Minister has said. As I am a magnanimous sort of person, like the Minister herself, I like to impart information occasionally. I remind the Minister that housing, education and public facilities affect longevity, but we do not have com- munity facilities like those in Sweden.

An Leas-Cheann Comhairle: I do not doubt that the Deputy will one day be on the Govern- ment side of the House and therefore in a position to impart such information.

Deputy James Reilly: I tabled this question because I am concerned that on 18 January 2007, Dublin Fire Brigade had four ambulances tied up at the Mater Hospital for between two and three hours and three further ambulances tied up at Beaumont Hospital. The seven ambulances in question, which represent over 60% of Dublin Fire Brigade’s ambulance service, could not be used because the service could not get its trolleys back. When I asked the Minister a question about the matter, it was referred to the HSE, which issued a facetious response to me. I asked why Beaumont Hospital and the Mater Hospital do not provide portakabins where spare trolleys can be kept, thereby allowing ambulance person- nel to deliver patients into the care of accident and emergency departments, to collect a spare trolley from the portakabin and to get back on the road to save someone else’s life on the M50 or wherever. The facetious response I was given was that patients cannot be moved off trolleys, which has nothing to do with what I asked. The reality, as the Minister said, is that Dublin Fire Brigade has had just 12 ambulances for the last 20 years, even though the population of the greater Dublin area has exploded by 600,000 or 700,000 in that time. Ambulances have to stay outside accident and emergency departments in a manner that seems designed to keep patients out of hospital, although for all the wrong reasons. I would like the Minister to ensure I get a proper response to my question. I ask her to give the House a commitment that she will instruct the HSE to ensure that spare 773 Other 31 January 2008. Questions

[Deputy James Reilly.] trolleys are kept in portakabins in the manner I propose. Given that ambulances are such scarce resources, and more of them are needed, I ask that those we have at least be used appropriately.

Deputy Mary Harney: I agree with the Deputy that prosperity influences longevity. Professor Brendan Walsh, by the way, stated in a well-argued paper last week that it was half prosperity and half improved treatments. I have heard one ambulance driver talk about a particular experience but I am not aware that it is the huge issue the Deputy is making it out to be.

Deputy James Reilly: It is.

Deputy Mary Harney: If it is, I will make sure that whoever is responsible in the HSE speaks with the Deputy about this issue. I have not seen the review referred to by the Deputy as it has not been published because of the litigation in the European Union, but I understand that the 15 recommendations therein are currently being considered by the HSE.

Deputy James Reilly: I would be grateful if the Minister could organise that, bearing in mind the 75,000 incidents — 205 incidents a day — which must be dealt with by the Dublin Fire Brigade.

Care of the Elderly. 9. Deputy Ciara´n Lynch asked the Minister for Health and Children the consultation she and her Department have undertaken with groups and bodies which represent the interests of older people regarding the fair deal legislation; the bodies that were consulted; the account that has been taken of their views in drafting the legislation; and if she will make a statement on the matter. [2738/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Since the announcement of the new nursing home support scheme, A Fair Deal, the Department has met with the National Federation of Pensioners Associations, the Irish Farmers Association, the Irish Senior Citizens Parliament and the social partners. The Department also attended the AGM of the Irish Senior Citizens Parliament at its request and participated in a workshop on the new scheme. In addition, the Department has dealt with queries and representations from interest groups, public representatives and members of the public. All of the issues raised during formal consul- tation and otherwise were given careful consideration in drafting the Bill. The Bill providing for the scheme is at an advanced stage and is currently being finalised by the Office of the Attorney General. The Minister hopes to publish the Bill as soon as possible following Govern- ment approval.

Deputy Jan O’Sullivan: I do not want to quibble with the Minister of State, but we met representatives of the Senior Citizens Parliament yesterday and they said they had not had any meaningful consultation, as have a number of other organisations. They wish to discuss with the Government their real concerns about the legislation and, in particular, their concerns about its effect on the family home. They are also concerned about the possibility of pressure being put on elderly people to sign over resources to other family members. This is a real worry to people at that stage of their lives, when security, their possessions and their family homes are important to them. There is concern about the effect of this legislation from this point of view. What is the nature of the consultation the Minister has had with these organis- 774 Other 31 January 2008. Questions ations? Was there an opportunity for them to engage directly, express their concerns and discuss how they might be addressed in the wording of the Bill?

Deputy Ma´ire Hoctor: I understand what the Deputy is saying. Only two weeks ago I met with members of the Senior Citizens Parliament and a number of other bodies, allowing an earlier opportunity for consultation. As we speak the Bill has not yet come before us as it is still with the Office of the Attorney General. We are not in a position to discuss the Bill until it is published, which we expect to take place within the next couple of weeks. On its publication we will be able to engage further with the stakeholders and the social partners. Having met with the Senior Citizens Parliament representatives, I am surprised to hear they felt they did not have sufficient consultation. I understand that the Minister, Deputy Harney, has been in discussion with that group and with others. An afternoon at Farmleigh was dedi- cated to the consultation process with a number of groups. This opportunity will be there again once the Bill is published.

Deputy James Reilly: I confirm what Deputy O’Sullivan has said. Representatives of Age Action Ireland have said they feel they were not properly consulted. Perhaps the legal diffi- culties being experienced by the Attorney General with regard to this Bill are a consequence of this lack of consultation. The Minister has given many good examples of how the new scheme, A Fair Deal, is expected to work. In principle, I do not have an issue with this. However, she omitted the difficult examples. With regard to running down the other assets before the family home is affected, what about the shopkeeper who owns a shop and lives with Mammy? What about the publican or the small farmer? This must be clarified. However, the most important issue is the standard of care and protection of patients. A plan must be devised, implemented, monitored and enforced. When I met with representatives of HIQA, they did not indicate they were in a position to do this within a reasonable time. They have not even devised the standards yet, let alone obtained the resources for monitoring, enforcement and inspection of homes. Unless there is someone to enforce standards, there is no point in having them. We must have stan- dards to protect our elderly people. Will HIQA be given the funding to do this within the next six months? My understanding is that it will not. I hope the Minister will publish the heads of the Bill early to allow ample time for discussion, with no guillotines. This is a major issue for our society for the reasons already outlined.

Deputy Ma´ire Hoctor: The HIQA report is due on the desk of the Minister shortly and we will not be found wanting in putting together the regulations that will underpin the guidelines when they are finally presented. The Deputy gave an example of a shopkeeper. The immediate contribution by the applicant towards the cost of his or her care will be based on 80% of his or her assessable income. In the case of a shopkeeper, this refers to his or her earnings, or for an older person, his or her pension. Depending on the amount of assessable income there will also be a deferred contri- bution of up to 5% of the applicant’s assets, such as his or her home.

Deputy James Reilly: What does the Minister mean by running down other assets before the family home?

Deputy Ma´ire Hoctor: I did not make any reference to running down anything.

Deputy James Reilly: It is in the document.

Deputy Ma´ire Hoctor: The Deputy is not too bad at running down things himself. 775 Other 31 January 2008. Questions

[Deputy Ma´ire Hoctor.]

The contribution is deferred because it will not have to be paid during the applicant’s life- time, if that is the option he or she takes.

Deputy James Reilly: The Minister of State should make sure she crosses at a zebra crossing.

Deputy Jan O’Sullivan: Before Christmas, the Taoiseach said the legislation would not, as promised, be published at that time because extra time was needed for consultation. I under- stand the Minister is now saying that the consultation will happen after the legislation is pub- lished. If this is the case, why was the extra time needed? Why did the Minister not simply publish the legislation and then allow a considerable period for consultation? I do not get the impression there has been any consultation since the Taoiseach deferred the Bill’s publication.

Deputy Ma´ire Hoctor: The Taoiseach did not defer the Bill. We are working in conjunction with the Office of the Attorney General. This is a complex Bill and we must make sure it is right before it can be published. When we have the proposed legislation before us, the oppor- tunity will then be given for further engagement with the stakeholders.

Deputy Jan O’Sullivan: So the Bill was not put off because of the need for consultation but because it was not ready.

Deputy Ma´ire Hoctor: Absolutely, yes.

Deputy Jan O’Sullivan: We got a different impression.

Cancer Screening Programme. 10. Deputy Joe Carey asked the Minister for Health and Children the date cervical screening will become available nationally; the reason this was not made available by the end of 2007 as she promised; and if she will make a statement on the matter. [2642/08]

Deputy Mary Harney: I have already answered a similar question. There is no point in reading out the same answer. I refer the Deputy to my reply to Question No. 4.

Deputy James Reilly: I will have a look at that.

An Leas-Cheann Comhairle: Does Deputy Reilly want to ask a supplementary question?

Deputy James Reilly: I would not mind if the Leas-Cheann Comhairle would not mind. The failure of the Minister to give us a proper date that she will commit to is disturbing. I hope she will find herself able to deliver on this within the next number of weeks. Despite her extensive answer earlier, she did give a commitment that the programme would be launched in January.

Deputy Mary Harney: The National Cancer Screening Service Board, which has responsi- bility for this issue, will be subsumed under Professor Tom Keane as soon as possible because it makes sense to have both screening and treatment under the control of one person. The board was not in a position to go to tender for laboratory services or to sign contracts with general practitioners to provide screening until it found out what resources it would have. We did not know what resources it would have until the budget. A total of \15 million was allocated to the board on top of the \5 million allocated last year. On this basis it is now proceeding, as Deputy Reilly will have heard from his colleagues, with discussions on a proposed 12-month contract. It has also sought expressions of interest from suppliers of laboratory facilities. I am always terrified of giving dates, although I am happy to say—— 776 Other 31 January 2008. Questions

Deputy James Reilly: That is not a word I would ever associate with the Minister.

Deputy Mary Harney: I do not give dates unless I really believe that is what will happen and I have been given specific information.

Deputy Jan O’Sullivan: Deputy Reilly was referring to the word “terrified”.

Deputy Mary Harney: All I can say is that it will be the middle of the year, which means May to July, so some time around June. I will be extraordinarily surprised and disappointed if that timeframe is not met, if that is helpful to the Deputy. I am sure he will be quick to remind me if it is not met.

Deputy James Reilly: I will do my best.

Deputy Jan O’Sullivan: We have been told by Mr. Tony O’Brien that accredited laboratories will carry out the testing. Is the Minister satisfied that adequate laboratory facilities will be available and will they be in Ireland or outside the country?

Deputy Mary Harney: Based on my last discussions with Mr. O’Brien, I understand that it will be 50:50 because the accredited facilities in Ireland do not have the capacity to provide a ten working day turnaround.

Deputy Jan O’Sullivan: Then it will be done in accredited laboratories.

Disability and Mental Health. 11. Deputy David Stanton asked the Minister for Health and Children her plans to establish an office for disability and mental health under the Minister of State; the timescale for the establishment of same; and if she will make a statement on the matter. [2555/08]

Deputy Jimmy Devins: The establishment of the office for disability and mental health was announced by the Taoiseach on Wednesday, 30 January 2008. The office will support me as the Minister of State for disability and mental health at the Department of Health and Children in exercising my responsibilities in four Government Departments, namely, the Departments of Health and Children, Justice, Equality and Law Reform, Education and Science and Enterprise, Trade and Employment. The office will focus on supporting the implementation of the health sectoral plan under the Disability Act and will facilitate the delivery of integrated health and education support services for children with special needs. The office will also support the development of training and employment support services for people with a disability. On mental health, the new office will have responsibility for driving implementation of the recommendations of A Vision for Change and the recommendations of Reach Out: National Strategy for Action on Suicide Prevention. It will also develop closer co-operation between the health and justice sectors on cross-cutting issues relating, for example, to the provisions of the Criminal Law (Insanity) Act and the Central Mental Hospital.

Deputy David Stanton: I welcome the establishment of this office and the office for older people. We suggested it in our manifesto before the election so I am delighted that the Minister for Health and Children has taken it on board. She had also suggested it. Could the Minister of State outline the staffing and structure of this new office? If he does not have it now, he might send it to us later. What role will the office have in co-ordinating the important and valuable work done by the various voluntary bodies around the country with people with disabilities? For example, will it have a role in co-ordinating and tracking expenditure and 777 Services for People 31 January 2008. with Disabilities

[Deputy David Stanton.] ensuring services are delivered? What kind of reporting mechanism will the office have? Will it have a chief executive and what kind of staff will be in there? Is the office operational or is there a timescale for setting it up?

Deputy Jimmy Devins: The office will be built around the existing Department of Health and Children staff who deal with disability and mental health. An existing director at the Department of Health and Children, Ms Bairbre nic Aonghusa, has been appointed to head up the new office and she has already taken her place so the office is operational. I intend to visit, and have visited, various voluntary bodies, both service users and providers, around the country. I have found it enormously informative and the office will track the money allocated to the HSE as it disburses it around the areas of disability and mental health.

Deputy James Reilly: Has the office a budget and what role will it have in the spend of the health budget on mental health, disability and elder care?

Deputy David Stanton: How will the office interact with the National Disability Authority, NDA?

Deputy Jimmy Devins: As the Deputy knows, the NDA is within the remit of the Depart- ment of Justice, Equality and Law Reform. Those functions have been delegated to the new office of disability and mental health. The office’s budget will be the budget for disability and mental health given by the Department of Health and Children to the HSE and we will closely track how that money is disbursed to the various organisations.

Written Answers follow Adjournment Debate.

Adjournment Debate Matters. Acting Chairman (Deputy Jack Wall): 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 Sea´n Barrett — the delay in providing speech and language therapy services for a five-year-old child; (2) Deputy Joe Costello — to name the date for the forth- coming referendum on the Lisbon reform treaty; (3) Deputy David Stanton — the construction of a new premises for the gaelscoil in Midleton, County Cork; (4) Deputy Jan O’Sullivan — the need to provide appropriate care for cystic fibrosis patients; and (5) Deputy Bernard J. Durkan — the need to review the case of a person in County Mayo who was refused a respite care grant. The matters raised by Deputies Sea´n Barrett, Jan O’Sullivan, Bernard J. Durkan and David Stanton have been selected for discussion.

Adjournment Debate.

————

Services for People with Disabilities. Deputy Sea´n Barrett: I raise this matter because of the appalling treatment received by a little five-year-old boy in my constituency, who is in urgent need of speech and language ther- apy. Speech and language therapy is like life blood to persons who are speech or language impaired since verbal communication is the essence of modern life. This therapy is as essential to a speech or language-impaired person as a wheelchair is to someone who is mobility- impaired. Effective verbal communication will enable a person to make a positive contribution 778 Services for People 31 January 2008. with Disabilities to society and live a normal life. This child was placed on a waiting list for assessment, which transpired to be over a period of 12 months. After waiting for 12 months, the child was assessed and was rated as being in “critical” need of services. From this assessment, one would imagine that the child would be placed at or near the top of a priority list for treatment. The parents have been informed that the child faces a minimum further 12 months on a waiting list before he can have access to speech and language therapy. What a sad and shameful commentary on the level of speech and language therapy services available in this country eight years into the 21st century. This matter got some national cover- age and, since I raised it, a number of parents around the country have been in touch with me. Nothing has changed since I first raised this issue in the Da´il a quarter of a century ago in a similar case when I described speech and language therapy services then as “dire” and “in the Dark Ages”. Back then, just 25 speech and language therapists were graduating annually from the College of Speech and Language Therapy — barely enough to cover retirements. The number of speech and language therapists in the country then was around 85, less than a quarter of the minimum optimum figure recommended by the Quirk report 10 years earlier in 1975, 33 years ago. Let us fast-forward to 2002, when the Bacon report recommended that the annual output of 25 be increased fourfold to 100 in an attempt to make some impact on the waiting lists. To his credit, the then Minister for Health and Children, Deputy Michea´l Martin, committed to increasing the annual number of graduates to 100, as Bacon had recommended. One would think this was signalling a new era for all those persons who had spent years in some cases on waiting lists for this vital service. Unfortunately, when the first graduates came on stream and were available for appointment, they were turned down due to lack of experience. How were they expected to gain the necessary experience except by being initially appointed to posts which had not been created? The problem was that we trained people but did not create the posts. The policy was so pig-headed and illogical that one wonders how people can seriously cook up such facile impediments to the provision of an essential service to persons in grave need of treatment. The earliest possible intervention for children with speech and language disorders is crucial, since it can preclude the need for infinitely more costly intervention at a later stage, perhaps when the persons are in their teens or older.

Deputy Bernard J. Durkan: Hear, hear.

Deputy Sea´n Barrett: I have had practical experience of children who failed to receive this essential service. Between the Departments of Education and Science and Health and Children, it is a scandal that we have gone through the so-called Celtic tiger while young, unfortunate children are left impaired because of the lack of commitment by the State to co-ordinate a service essential to young people whether in schools or outside. I will continue to raise this matter for as long as God gives me the health to remain in this House. I first raised the issue 25 years ago about a particular individual whose parents were told that their child was mentally handicapped and that they should put him in an institution and have another baby. Today that young man is a qualified architect. When I think back I wonder how many unfortunate young people were cast into mental institutions, as they were then known, and are still there today who only needed psychological and speech therapy to lead normal lives. I shudder to think how many people were left in that situation. I have given a practical example from 25 years ago and if the Minister of State, Deputy Devins, wishes to accompany me, I will be only too happy to introduce him to the parents of that man who is now a fully qualified architect, contributing to this society and to the health 779 Services for People 31 January 2008. with Disabilities

[Deputy Sea´n Barrett.] services through his taxes. Something must be done immediately. The Minister of State should examine what is currently being done in Northern Ireland and Scotland. We should be ashamed of ourselves.

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): I am dealing with this issue on behalf of my colleague, the Minister for Health and Children, Deputy Harney.

Deputy Sea´n Barrett: The Minister was here less than five minutes ago but could not wait to deal with this matter. It is a disgrace.

Deputy Jimmy Devins: I am pleased to take this opportunity to address the important issues raised by the Deputy. I wish to emphasise the Government’s commitment to providing a high quality service to all people with a disability. This commitment is illustrated by the substantial investment we have been making in disability services over the last number of years. The National Disability Strategy, which was launched in September 2004, reinforces equal participation in society of people with disabilities and provides for a framework of new supports for people with disabilities. This programme, together with the enhancement of other key support services, are key factors in building the additional capacity required to ensure that services best meet identified needs. The strategy builds on a strong equality framework, which is reflected in equality legislation. It puts the policy of mainstreaming of public services for people with disabilities on a clear legal footing. The main elements of the strategy are the Disability Act 2005, the Education for Persons with Special Educational Needs Act 2004, sectoral plans published in 2006 by six Departments, the Citizens Information Act 2007 and the multi-annual investment programme for disability support services for the period 2006-2009. In launching the national disability strategy, the Taoiseach also announced the Government’s commitment to a multi-annual investment for disability-specific services over a five year period. To the end of 2007, \420 million, in revenue and capital, has been allocated to services for people with disabilities since the launch of the strategy in 2004. Additional revenue funding of \50 million was provided in the 2008 budget in respect of the multi-annual investment package. This funding is to meet the costs associated with a range of elements in the multi-annual investment programme. The additional funding will continue to provide a base line to considerably enhance the multi-disciplinary support services for people with disabilities, in line with the Government’s commitment to build capacity within the health services and to deliver on the various legislative provisions contained in the national dis- ability strategy.

Deputy Sea´n Barrett: I ask the Minister of State to give way momentarily. I raised the issue of speech and language therapy. I do not want to hear about a general programme or strategy.

Deputy Jimmy Devins: The Health Service Executive, which has statutory responsibility for the provision of services to individuals, states that it recognises that waiting lists exist for many services. It is a reality that these lists are managed in different ways by different services. Therapies divide their waiting lists into priority categories so that immediate need is first dealt with, followed by urgent need, and finally all other needs. Some therapies further divide their waiting lists into assessment and treatment. The management of waiting lists is an issue for the HSE to address. Nevertheless, my Depart- ment is concerned about the lack of consistency in how waiting lists are managed as, in addition, 780 Health 31 January 2008. Services each voluntary agency holds their own waiting list so it is very difficult to get a clear picture of waiting lists for services. However, I understand that in relation to therapy services, clinicians manage and review these lists regularly. In the period 2005 to 2007, the Department provided funding to the HSE for the employment of multi-disciplinary supports and other staff in the context of the implementation of the Dis- ability and Education for Persons with Special Educational Needs Acts. A total of 446 posts were approved in the areas of speech and language therapy, occupational therapy, psychology, physiotherapy and social work between the HSE and voluntary service providers. The HSE states that the majority of these posts were identified as required to provide the assessments and ongoing service interventions arising from the commencement of the Disability Act. It continues to be a challenge to fill these important posts, which inevitably contributes to the development of waiting lists. The HSE has advised the Department that it is currently finalising plans for a co-ordinated recruitment process in each region, in addition to recruitment abroad for senior therapists over the next number of months, to fill the remaining posts. The filling of these key posts will help to address the waiting lists of the kind raised by the Deputy. I understand the HSE has explained the situation in relation to the individual case raised by the Deputy and that it will continue to do all it can to provide services to those assessed as in need of them.

Health Services. Deputy Jan O’Sullivan: The courage shown by a number of young adults with cystic fibrosis, people like Orla Tinsley and Jennifer Tormey who told their stories on the national airwaves, must be rewarded with firm commitment and action by the Minister for Health and Children and the HSE. That is why I am raising this matter in the Da´il today. Their harrowing stories expose a system that is not responding to their most basic need, namely, to be able to get to hospital and receive treatment without being exposed to the kind of infections that could so easily shorten, or even end, their lives. It is vital for cystic fibrosis patients to be able to access treatment in a dedicated unit with individual rooms, each with en suite bathrooms. This does not seem too much to ask in a country as rich as ours. I must point out that we did not only find out about this issue on the airwaves over the past few weeks. In fact, Doctor Ron Pollock, who conducted a survey and independent review relating to cystic fibrosis, published his report on Monday, 7 February 2005. At that time, he said that the majority of adults with cystic fibrosis are being treated in facilities that are dangerous. That was in February 2005. Tomorrow is the first day of February 2008. It is entirely wrong that sick people have to resort to appealing for help on a radio prog- ramme to get the health care to which they are entitled. However, by taking that action, despite its toll on their health, they have succeeded in getting certain commitments which I wish to ensure are clearly stated on the record of this Parliament. My understanding is that a temporary unit will be provided at St. Vincent’s Hospital in Dublin, catering for 14 patients at a time. I understand from the Minister that it will cater for six initially, and then a further eight patients, totalling 14, by the end of the summer of 2008. I ask the Minister of State, Deputy Devins, to confirm that this is the intention and that agreement has been reached with the hospital and the HSE to make this happen. Further, I ask the Minister of State to clarify whether the rooms will have en suite facilities that will ensure there is no cross-infection. I also understand there is a commitment to providing a 34 bed dedicated cystic fibrosis unit at St. Vincent’s Hospital, as part of a larger development. Again, I ask the Minister of State to confirm this on the record and to indicate the anticipated time frame. The Minister said earlier it would be late 2010 when this would be finished. I would like that to be placed on the record 781 Health 31 January 2008. Services

[Deputy Jan O’Sullivan.] and the process speeded up, if at all possible. Late 2010 is quite a long time to wait for this facility to be up and running fully. These are the most pressing issues on which clear commitments are needed. However, a comprehensive service must address the requirements of patients all over the country. Dr. Gerard Canny, of the cystic fibrosis unit in Our Lady’s Hospital for Sick Children in Crumlin, wrote a letter which was published in today’s newspapers, in which he stresses the need for a continuum of care from babyhood to adulthood, with multi-disciplinary teams, as well as dedi- cated inpatient wards with single, en suite rooms to prevent cross-infection. He argues for the introduction of a screening programme for newborns to ensure early diagnosis. Such a programme has been in place in Northern Ireland since 1983. It produces much better outcomes because early detection means early treatment and provision of care. I commend the bravery of Orla Tinsley, Jennifer Tormey and the many young people and families — in some cases, members of those families have died of cystic fibrosis at an early age — who took the initiative, went on the airwaves and continue to campaign for facilities. That they have done something they should not have needed to do is a shame on us. 5 o’clock They deserve clarity and urgency concerning what will occur. In particular, they do not deserve to subject themselves to the danger of infection by attending accident and emergency departments and wards comprising people with a variety of illnesses, including hospital-transmitted illnesses such as MRSA and C. difficile. We must respond to these young people and I want to ensure a commitment to them on the record of the House. We who have been elected by the people must ensure that their needs are met as quickly and comprehensively as possible. I look forward to the Minister of State putting those commitments on the record.

Deputy Jimmy Devins: I will be taking the Adjournment on behalf of my colleague, the Minister for Health and Children, Deputy Harney. The Minister acknowledges the need to improve services to persons with cystic fibrosis. The negative experience recounted recently by a number of young patients is a matter of much concern. I join Deputy O’Sullivan and others in acknowledging their courage. The Minister identified the development of cystic fibrosis services as a policy priority in the Estimates process. In 2006 and 2007, additional revenue funding of \6.78 million was provided to the Health Service Executive to develop services. The HSE was asked to place a particular focus on the development of services at the national tertiary referral centre at St. Vincent’s Hospital. Some 44 additional staff dealing with cystic fibrosis have been appointed to date throughout the country, ten of these posts at St. Vincent’s Hospital. The necessary funding is available to facilitate the recruitment of a further 37 staff nationally, including a further nine posts at St. Vincent’s Hospital in Dublin. The Minister accepts the need to improve the infrastructural facilities for persons with cystic fibrosis attending St. Vincent’s Hospital. A number of capital projects have recently been com- pleted at the hospital and have helped to improve facilities. These include a new ambulatory care centre with dedicated accommodation — eight suites in total — incorporating single room facilities on an outpatient appointment basis for cystic fibrosis patients in an environment that allows for improved infection control, the refurbishment of St. Camillus’s ward, which provides 15 additional respiratory-cystic fibrosis beds, bringing the bed complement to 44, and a new accident and emergency department, including single room accommodation that may be used for the care of cystic fibrosis patients. It is accepted that these developments do not address the immediate needs of patients. The HSE has been working intensively with the hospital and representatives of the Cystic Fibrosis 782 Grant 31 January 2008. Payments

Association of Ireland to progress options for further interim improvements. The Department is advised that the option of developing a modular unit is being examined in this context and the position will be clarified shortly. The HSE advises that it is fast-tracking the redevelopment of a ward adjacent to the main cystic fibrosis treatment area. The project is to commence within the next few weeks and will provide six single rooms. On completion, additional work will begin to provide a further eight single rooms, which will result in a total of 14 single rooms for cystic fibrosis patients by the end of the summer. In the longer term, a new ward block is to be built and will include 120 replacement beds in single en suite accommodation. The new facility will accommodate cystic fibrosis patients and include appropriate isolation facilities. Planning permission has been obtained, financial pro- vision has been included in the HSE capital plan and the contract is to be awarded by the end of this year. It will be a condition of the contract that the design-build period is to be not more than 24 months from the date of contract award. The developments I have outlined will significantly enhance the level of service provided for persons with cystic fibrosis.

Grant Payments. Deputy Bernard J. Durkan: I am glad to inform the House that I am not attempting to extend my remit into other constituencies. This issue was dealt with in the first instance by my colleague and party leader, Deputy Kenny. He adroitly and correctly referred to the appeals system, a hearing was held and the original decision upheld. However, it has come to my attention that the refusal to award a respite care grant was in respect of two people, not one. When I challenged the refusal, I was informed that it was the decision of the deciding officer that neither person qualified. I pursued the matter further to discover that one of the people was elderly, the mother of the carer. Given the decision, I assumed that she was in her 70s and did not require ongoing care and attention. However, I discovered that she was aged 82 years. It was concluded that she was ambulant and did not require care and attention as envisaged under the scope of the grant. I reject that opinion in its entirety. There is no 82 year old who does not require ongoing care and attention. To make matters more complicated, I discovered when pursuing the case further that the person concerned was also caring for a brother. I assumed that the brother was in receipt of a disability allowance, was not severely affected and could get by on his own, but I was appalled to discover that he was a cancer patient who required ongoing care and attention. It transpires that he qualified on medical grounds, but the Department overlooked this fact for some unknown reason. Where two people were receiving care and attention of the nature provided by the carer, thereby ensuring that the State need not incur an expenditure by way of providing institutional care at a time when hospitals and other institutions across the country are overcrowded, would it not be in everyone’s interests, including the Exchequer’s, to make a decision in favour of the claimant? For the life of me, I cannot understand how a decision could be made on medical or economic grounds to refuse a grant to someone claiming it on behalf of two persons. As the grant is envisaged, the legislation provides that a person is regarded as requiring full-time care and attention where they require continual supervision and frequent assistance throughout the day. That criterion applies in both cases. The Minister of State opposite me will probably read a history lesson. With all due respect to Members — I listened to the plight of Deputy Barrett’s case — we are wasting our time if we go down this road. An appalling decision was made in respect of someone caring for two people, a cancer patient and a person aged 82 years. I rest my case and I hope that the Minister of State will use his care and compassion as a medical practitioner to ensure the decision in 783 Schools Building 31 January 2008. Projects

[Deputy Bernard J. Durkan.] question is overturned. I hope he will contact the office of the Minister for Social and Family Affairs and tell it that there are no economic or other grounds for a decision of this nature to be repeated.

Deputy Jimmy Devins: The main conditions for receipt of the respite care grant are that the person or persons in respect of whom the application is made must require full-time care and attention and that the applicant must be providing that care. The legislation provides that a person is regarded as requiring full-time care and attention where they require continual super- vision and frequent assistance throughout the day in connection with normal bodily functions or to avoid danger to themselves. The person to whom the Deputy refers submitted an application for a respite care grant in respect of his mother and his brother. In respect of the applicant’s brother, the deciding officer refused the application on the grounds that the care given is in the nature of help around the house and farm which does not constitute the care and attention envisaged by the legislation. In respect of the applicant’s mother, the application was refused on the grounds that her con- dition is not such that she requires the level of care envisaged by the legislation. The deciding officer based this decision on the advice of a medical assessor who reviewed the medical evi- dence submitted by her general practitioner. Also, in respect of the applicant’s mother, the deciding officer was not satisfied that the level of care being provided was consistent with that envisaged in the respite care grant legislation. The decisions were appealed to the social welfare appeals office. The appeals officer exam- ined all the evidence submitted, including that adduced at an oral hearing, and upheld the decision of the deciding officer. A decision by an appeals officer is final but can be revised if new evidence or facts or any relevant change of circumstances come to light after a decision is made. It is open to the person concerned to make an application for the 2008 respite care grant if he feels that he may qualify. The earliest date for receipt of any such application is 10 April 2008.

Deputy Bernard J. Durkan: Things have changed in the Department of Social and Family Affairs. It should be called the Department of social indifference.

Schools Building Projects. Deputy David Stanton: I thank the Ceann Comhairle for giving me the opportunity to raise this issue on the Adjournment and the Minister of State for coming to the House to debate the need to construct a new building for the gaelscoil in Midleton in County Cork. As the Minister of State may be aware, Midleton is one of the fastest growing areas in the country. In 1999, 159 students were enrolled in primary schools in Midleton, including Saleen outside the town. Last year, the numbers rose by 226. The total number of primary school students in the town is 1,661 and it is envisaged that this number will increase. The gaelscoil is operating in premises that are unsuited to its needs. It has an enrolment of 268 children. We are told that this will increase to 310 next September and 346 in September 2009. It operates out of an inadequate building with insufficient space, leaking roofs and insuf- ficient toilet facilities which staff share with children. There is no storage space and the school building opens on to the open road. There is a huge demand for places due to the excellent staff and a desire by parents to have their children taught through Irish. This year, the school will have to turn away children. A site is available and planning permission has been granted. Midleton is a growing town and I understand that it has been described by the Department as being in crisis where primary 784 Schools Building 31 January 2008. Projects school places are concerned. A construction company agreed to build a school and make a site available. Everyone was happy with that and it was all systems go. However, that company has recently written to say that it is not in a position to give a date for the completion of the school owing to the slowdown in the housing market. On a positive note, however, it can and will make available immediately and free of charge to the Department of Education and Science a site with full planning permission for a school to the value of \6 million. I know that until recently, the Department and the Office of Public Works were actively seeking a site for the school. There is a great need for it and I urge the Minister of State to go back to the Depart- ment of Education and Science and impress on it the urgency of this matter. It appears that there will be another increase in numbers in the school next September. Portakabins are being used and the situation is unsafe, yet it is a very successful school. It needs a new building. The site, plans and everything else are in place. Unfortunately, the school wanted to and thought it could build a new school independently of the Department with no cost to the State. That will not happen because of the downturn in the construction industry so we go back to the Department to see whether it will fund the building of the school on the site as planned as soon as possible. I would like the Minister of State to say it will happen and will proceed. I will not hold my breath but I ask him and the Minister for Education and Science to use their good offices in the Department to ensure this happens. There is great need. All the schools in the area are full. Building this school would serve to alleviate the problem of overcrowding in the schools in Midleton in the short term. It is a growing town and will grow even more. The projections are frightening. I await the Minister of State’s reply and hope it will be positive.

Deputy Jimmy Devins: I thank the Deputy for raising the matter as it affords me the oppor- tunity to outline to the House the Government’s strategy for capital investment in education projects and also to outline the position regarding Gaelscoil Mainistir na Corann. Modernising facilities in our 3,200 primary and 750 post-primary schools is not an easy task, given the legacy of decades of underinvestment in this area, as well as the need to respond to emerging needs in areas of rapid population growth. Nevertheless, since taking office, this Government has shown a focused determination to improve the condition of school buildings and to ensure the appropriate facilities are in place to enable the implementation of a broad and balanced curriculum. As evidence of our commitment, national development plan funding of \4.5 billion will be invested in schools over the coming years. I am sure the Deputy will agree this record level of investment is a positive testament to the high priority the Government attaches to ensuring school accommodation is of the highest standard possible. Gaelscoil Mainistir na Corann is a co-educational primary gaelscoil with a current enrolment of 268 pupils. The Department of Education and Science received an application for capital funding towards the provision of new school buildings. As the Deputy will be aware, the school authority and a private construction firm, without the direct involvement of the Department, were involved in an initiative to build a 16-classroom school on land owned by the developer at no cost to the school or the Department. The Department has not been involved in the design of the school nor has capital funding been provided in respect of the proposed project. I understand that the initiative to build a 16-classroom school on land owned by the devel- oper has been changed to an offer of a site. To progress the gaelscoil’s application using the traditional method, an assessment of projected enrolment trends, demographic trends and hous- ing developments in the area will be required to determine the long-term projected staffing figure on which the school’s accommodation needs will be based. Once the long-term projection has been determined and agreed with the school authorities, the required building project will be considered in the context of the multi-annual school building and modernisation programme. 785 The 31 January 2008. Adjournment

[Deputy Jimmy Devins.] I again thank the Deputy for raising the matter and allowing me to outline the position regard- ing Gaelscoil Mainistir na Corann.

The Da´il adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 5 February 2008.

786 Questions— 31 January 2008. Written Answers

Written Answers.

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

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Questions Nos. 1 to 11, inclusive, answered orally.

Proposed Legislation. 12. Deputy Pat Breen asked the Minister for Health and Children when she will publish the Nursing Home Support Scheme Bill; the reason the fair deal for nursing home care was not introduced as planned on 1 January 2008; and if she will make a statement on the matter. [2634/08]

36. Deputy Ciara´n Lynch asked the Minister for Health and Children when the fair deal legislation will be published; when it will be debated in Da´il E´ ireann; and if she will make a statement on the matter. [2737/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): I pro- pose to take Questions Nos. 12 and 36 together. The Fair Deal scheme could not be introduced on 1 January 2008 because the legislation to underpin the scheme was not in place. The Bill providing for the scheme is at a very advanced stage and is being finalised by the Office of the Attorney General at present. It is intended to publish the Bill as soon as possible following Government approval. On publication of the Bill, further engagement will take place with stakeholders on the details of the new scheme. This will take place under the auspices of Towards 2016. The sub- sequent presentation and passage of the legislation through the Houses of the Oireachtas will be a matter of priority for me and my colleague, the Minister of Health and Children, Mary Harney, T.D.

Hospital Services. 13. Deputy Joe McHugh asked the Minister for Health and Children if she will support the development of modular units at St. Vincent’s Hospital in order that people with cystic fibrosis can be treated in a timely and appropriate manner by specialist staff; and if she will make a statement on the matter. [2687/08] 787 Questions— 31 January 2008. Written Answers

71. Deputy Jan O’Sullivan asked the Minister for Health and Children the plans to provide an interim solution to address the needs of cystic fibrosis patients until a permanent unit is established at St. Vincent’s Hospital, Dublin; and if she will make a statement on the matter. [2725/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 13 and 71 together. The improvement of services to persons with cystic fibrosis has been a priority of mine. The HSE was asked to place a particular focus on the development of services at the National Tertiary Referral Centre at St. Vincent’s Hospital. The negative experience recounted by some patients is a matter of concern to me. In 2006 and 2007, additional revenue funding of \6.78 million was provided to the Health Service Executive (HSE). 44 additional staff dealing with cystic fibrosis have been appointed to date throughout the country, with 10 of these posts at St. Vincent’s. The necessary funding is available to facilitate the recruitment of a further 37 staff nationally, including a further 9 posts at St. Vincent’s. I accept the need to improve the infrastructural facilities for persons with cystic fibrosis attending St. Vincent’s Hospital. A number of capital projects have recently been completed at the hospital and have helped to improve facilities. These include:

• a new ambulatory care centre, which has dedicated accommodation (8 suites in total), incorporating single room facilities on an outpatient appointment basis for cystic fibrosis patients in an environment which allows for improved infection control,

• the refurbishment of St. Camillus Ward, which provides 15 additional respiratory/cystic fibrosis beds bringing the bed complement to 44, and

• the new Accident and Emergency Department which includes single room accom- modation, which may be used for the care of cystic fibrosis patients.

However, I accept that these developments do not address the immediate needs of patients. The HSE has been working intensively with the hospital and with representatives of the Cystic Fibrosis Association of Ireland to progress options for further interim improvements. My Department is advised that the option of developing a modular unit is being examined in this context and the position will be clarified shortly. The HSE advise that it is fast-tracking the re-development of a ward which is adjacent to the main cystic fibrosis treatment area. The project is to commence within the next few weeks and will provide six single rooms. On completion, additional work will begin to provide a further eight single rooms. This would result in a total of fourteen single rooms for cystic fibrosis patients by the end of the summer. In the longer term, a new ward block is to be built and will include 120 replacement beds in single en-suite accommodation. The new facility will accommodate cystic fibrosis patients and will include appropriate isolation facilities. Planning permission has been obtained, financial provision has been included in the HSE Capital Plan and the contract is to be awarded by the end of this year. It will be a condition of the contract that the design build period is to be not more than 24 months from the date of contract award. I am confident that these developments will significantly enhance the level of service pro- vided for persons with cystic fibrosis.

788 Questions— 31 January 2008. Written Answers

Mental Health Services. 14. Deputy Frank Feighan asked the Minister for Health and Children her views on the fact that 43% of the Vision for Change development funds in 2006 and 60% of funding provided in 2007 was diverted to meet expenditure pressures in other areas; and if she will make a statement on the matter. [2668/08]

45. Deputy Thomas P. Broughan asked the Minister for Health and Children the amount of additional funding that will be available in 2008 to implement A Vision for Change; if she is satisfied that this allocation is adequate; and if she will make a statement on the matter. [2727/08]

55. Deputy Dan Neville asked the Minister for Health and Children if funds of \51m were allocated in 2006 and 2007 for the development of the mental health services in line with A Vision for Change have been diverted to other service areas; and if so, the areas in which this diversion took place and the allocation of extra funding for the continued implementation of the development of the mental health services recommendations contained in the report. [2613/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): I propose to take Questions Nos. 14, 45 and 55 together. The Report of the Expert Group on Mental Health Policy, “A Vision for Change”, which was launched in January 2006, provides a framework for action to develop modern, high quality mental health services over a seven to ten year period. The estimated additional cost of the implementation of “A Vision for Change” is \150m over 7-10 years. A total of \51.2 million has been allocated since 2006 which represents over a third of the overall requirement. There are substantial resources already invested in mental health. In 2007, it is estimated that \1 billion was spent on these services. In addition to the extra funding required, existing resources need to be remodelled and reallocated. Indeed, implementation of “A Vision for Change” is dependent to a much greater extent on the remodelling of existing resources than on new funding. Both aspects of the additional investment and the reorganisation of existing mental health services and resources must be managed in parallel. In view of the significant additional investment in 2006 and 2007, it is appropriate, in 2008, to pause and review the situation to ensure consolidation of the investment to date. The Department of Health and Children has been advised by the HSE that the additional \51.2m development funding was not used as planned because of competing expenditure press- ures and the overriding obligation on the HSE to live within its approved overall allocation. As a result, some of the planned developments in mental health services have been delayed. However, some of these developments will proceed in 2008 for example, the recruitment of 8 child and adolescent mental health teams and the provision of 18 beds for children and ado- lescents. The Minister for Health and Children, Mary Harney has made it clear to the HSE in the context of their Service Plan for 2008 that there can be no question of diverting capital or development funds to meet expenditure pressures in relation to other services. The Minister also pointed out that she believed there is scope within the HSE’s overall allocation to deliver further service enhancements in 2008 over and above those outlined in the Service Plan through improved performance / productivity and realignment of existing resources. I will be meeting with the HSE shortly to pursue these issues. 789 Questions— 31 January 2008. Written Answers

Cancer Treatment Services. 15. Deputy Kathleen Lynch asked the Minister for Health and Children the progress made by Professor Tom Keane on the development of cancer services; if a budget has been deter- mined for 2008 to commence the implementation of his proposals; and if she will make a statement on the matter. [2703/08]

50. Deputy Bernard J. Durkan asked the Minister for Health and Children if she is satisfied regarding the availability, adequacy and the reliability of cancer treatment facilities throughout the country; her plans to address such issues; and if she will make a statement on the matter. [2739/08]

136. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which she proposes to improve facilities for cancer sufferers; and if she will make a statement on the matter. [2969/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 15, 50 and 136 together. Prof. Tom Keane took up his post as National Cancer Control Director in November 2007. The delivery of cancer services on a programmatic basis will serve to ensure equity of access to services and equality of patient outcome irrespective of geography. This will involve significant realignment of services to move from the present fragmented system of care to one which is consistent with international best practice in cancer control. The decisions of the HSE to desig- nate four managed cancer control networks and eight cancer centres will be implemented on a managed and phased basis. A detailed transitional plan will be put in place to facilitate the progressive, gradual and carefully managed transfer of services over the next two years or so. Arrangements are in hand to enable Prof. Keane to take control of all new cancer devel- opments and progressively all existing cancer services and related funding and staffing. An additional \35m has been allocated this year for cancer control, including \15m to support the initial implementation of the National Cancer Control Programme and implementation of the National Plan for Radiation Oncology.

Pharmaceutical Sector. 16. Deputy James Reilly asked the Minister for Health and Children if she will report on recent discussions with pharmacists and if progress has been made; if she will appoint an inde- pendent body to provide an independent and fair assessment of all aspects of the pharmacy contract; and if she will make a statement on the matter. [2697/08]

31. Deputy Liz McManus asked the Minister for Health and Children if she will ensure that an independent process is put in place to resolve differences between the Health Service Execu- tive and pharmacists; and if she will make a statement on the matter. [2705/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 16 and 31 together. Following engagement between the Health Service Executive (HSE) and the Irish Pharma- ceutical Union (IPU) under Mr Bill Shipsey SC in December 2007, at which the sides did not reach agreement, the HSE has offered a draft interim contract to pharmacists to address their main concerns regarding the alleged impact of the proposed revised wholesaler arrangements on GMS-dependent pharmacies. I am informed that the HSE intends to implement the revised wholesaler arrangements from 1st March 2008. The Executive also recently commenced dis- cussions with the IPU and other parties on the development of a new substantive pharmacy 790 Questions— 31 January 2008. Written Answers contract. The details of the draft interim contract, and the HSE’s other intentions in this regard, were set out in a letter to individual community pharmacists on 2nd January 2008. In the light of the legal position previously outlined in the House and after further consul- tation with the Attorney General, the other relevant Departments and the HSE on the best way of progressing the development of a new contract with pharmacists in compliance with competition law, my Department is working to develop appropriate arrangements for the development of contracts and for the setting of the fees payable in respect of contracts with private sector undertakings for the provision of health services on behalf of the HSE. These arrangements may include the establishment of an independent body which would consider the nature of the service to be provided and all other relevant factors in each case and make recommendations to the Government in relation to the fees it considers appropriate. The com- position of such a body, its terms of reference and the timescale for its work are amongst the matters to be considered in this regard. In line with the legal advice received, the HSE may enter into discussions with community pharmacists on the non-fee aspects of their contract, with a view to developing a new substantive pharmacy contract.

Health Service Staff. 17. Deputy Andrew Doyle asked the Minister for Health and Children the number of staff in the Health Service Executive on long term leave due to illness; if there is a strategic manage- ment plan for the delivery of health services in County Wicklow; and if the impact of the random job cuts in the health service has been evaluated on the ability of the health care service terms to deliver the services required. [2446/08]

Minister for Health and Children (Deputy Mary Harney): Data regarding the percentage of staff on long-term sick leave is collated as part of the HSE’s Corporate Performance Measure- ment Report. This report captures information on staff that are on reduced pay due to sick leave. The last report (for quarter 3, 2007) indicated that 2.1% of staff employed directly by the HSE were on long-term sick leave. The 2008 National Service Plan (NSP) has been approved by me and laid before the Oireachtas. It outlines the type and volume of health and personal services to be provided by the Executive on a national basis. The NSP is supported by a business planning process which translates these national deliverables into local deliverables at area, hospital network, local and unit level. I have been informed by the Health Service Executive that the Wicklow Local Health Office is in the process of completing its level 2 business plan which will set out the services to be delivered in 2008, including Mental Health, Primary Care, Disabilities, and Chil- dren & Families services. The recruitment pause put in place in September 2007 was initiated as part of the HSE financial break-even plan to facilitate the delivery of services on budget in accordance with the provisions of the 2007 National Service Plan. This pause did not involve random job cuts but did mean that the recruitment of staff to approved positions was delayed. The HSE put in place a derogation process to deal with the filling of essential posts to protect front-line services and close to 900 posts were approved under this process. This temporary pause in recruitment ended on 31st December 2007 and any posts falling vacant from 1st January 2008 can be filled subject to the provisions of a detailed employment control circular issued by the HSE on January 8th. It is very important that measures are in place in 2008 to avoid a repetition of the problems encountered in 2007. In my letter to the Chairman of the HSE approving the 2008 National Service Plan, I have emphasised that the evident links between the Voted allocation, approved 791 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.] employment levels and service activity — within the HSE itself and in HSE funded agencies such as the major voluntary hospitals — need to be planned and actively managed from the very start of the year with appropriate action being taken in the event of any divergence from profile. It is only through this integrated and managed approach that the HSE will be able to ensure that resources for services (including staffing) are directed as intended by Government.

Hospital Services. 18. Deputy Martin Ferris asked the Minister for Health and Children if she will take action to address the radiography and nursing staff shortage and ward closure at Kerry General Hospital; and if she will make a statement on the matter. [2203/08]

Minister for Health and Children (Deputy Mary Harney): Approval for an additional Con- sultant Radiologist has been granted for Kerry General Hospital. This post will facilitate the earlier reporting of x-rays and improve the quality of the service provided to patients. I understand that Kerry General Hospital has an approved complement of 13.5 Whole Time Equivalent (WTE) radiographers. The HSE, in line with the terms of Towards 2016, has initiated a consultation process at national and local level with regard to extending the working day for radiography and other grades. I have been informed by the HSE that Kerry General Hospital took the decision to tempor- arily close a 24 bed ward from 14th January 2008 until early March 2008. The decision to close the ward was taken because of a temporary shortage of nursing staff due to retirements, resignations, long term sick leave and maternity leave. Kerry General Hospital has approval to recruit the required nursing staff (34 whole time equivalents) and everything possible is being done to fill these posts as quickly as possible.

Accident and Emergency Services. 19. Deputy Kieran O’Donnell asked the Minister for Health and Children if she will give a commitment that the accident and emergency services at St. John’s Hospital, Limerick will not be downgraded but will be enhanced; when the teamwork consultants report on the review of acute hospital services in the mid-west will be published; and if she will make a statement on the matter. [2554/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has informed my Department that Horwath Consulting Ireland in association with Teamwork Management Services are undertaking on behalf of the Executive a strategic review of acute hospital services in the Mid West. The consultants have been asked to make recommendations on the options for the future configuration of clinical services, including A&E, critical care, acute medicine and surgery together with diagnostic services such as X-Ray for each of the hospitals in the Mid West. St John’s Hospital Limerick is encompassed by the strategic review. I am advised that the Health Service Executive indicates that the consultants are currently finalising the strategic review and their report is expected to be submitted to the Board of the Health Service Executive shortly.

Hospital Accommodation. 20. Deputy Arthur Morgan asked the Minister for Health and Children if she will make a statement on the recently published Acute Hospital Bed Capacity Review commissioned by the Health Service Executive. [2204/08] 792 Questions— 31 January 2008. Written Answers

46. Deputy John Perry asked the Minister for Health and Children if she shares the view of the Health Service Executive acute hospital bed capacity review that the number of acute beds in the system could be reduced by 4,000; and if she will make a statement on the matter. [2696/08]

59. Deputy Seymour Crawford asked the Minister for Health and Children her views on whether services in hospitals or elsewhere should not be removed until as good or better services are available; and if she will make a statement on the matter. [2296/08]

72. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which adequate provision is expected to be made in terms of sufficient public hospital beds to meet requirements in the future; and if she will make a statement on the matter. [2740/08]

135. Deputy Bernard J. Durkan asked the Minister for Health and Children the extend to which she anticipates the number of hospital beds in the public sector to increase or decrease in the next 10 years; the expected increases or decreases in the private sector in the same period, having particular regard to her Departments plans for the future; and if she will make a statement on the matter. [2968/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 20, 46, 59, 72 and 135 together. The Health Service Executive recently published a Review of Acute Bed Capacity carried out by PA Consulting together with a HSE discussion document which proposes an integrated approach to health service delivery that seeks to achieve the right balance between in-patient, day case and community based care. The Review found that with future challenges, such as our ageing population and the increase in chronic diseases, we will need to plan for a 60% increase in demand for health care by 2020. It suggests that if current practices and processes continue the demand for public hospital beds would escalate to nearly 20,000 by 2020. To meet this need we would have to provide the equivalent of twelve new 600-bed hospitals over the next thirteen years. It concludes that such reliance on acute hospitals for service delivery is neither sustainable nor in the best interests of patients. The Review examined alternative approaches to meeting this demand. It recommends an integrated approach to health service delivery involving substantial change in the way care is provided. Among the measures proposed are significant increases in day beds in hospitals, more long-term care beds, more rehabilitation beds and more services in community-based, non-acute hospital settings. The Review outlines a number of bed demand scenarios. It suggests that if the proposed model of integrated health service delivery was 100% operational by 2020, the number of acute beds required could be reduced to about 8,800. If the model was 75% operational, the number would be about 10,700; at 50% the number is estimated at about 13,000 and at 25% the number is about 16,000. It makes the point that other developed countries, such as Australia, Canada, Denmark and England have achieved results of this kind through their reform programmes. It also points out that some of our hospitals are already achieving the required efficiencies, such as shorter lengths of stay, more day surgery and admission on day of surgery. The challenge is to achieve these standards of service across the entire acute system. Pending the implementation of such reforms, the Review estimates that 1,100 additional acute hospital beds are needed to meet current demand. The Government has already commit- 793 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.] ted itself to providing 1,500 extra acute beds through a combination of direct capital investment (500 beds) and the co location initiative (1,000 beds). The Review also advises that services in acute hospitals should not be altered until viable and appropriate community based alternatives are in place. I believe that the Review forms a basis for discussion with key stakeholders on how best to plan for the provision of public health care delivery to 2020.

Health Service Staff. 21. Deputy Joe Costello asked the Minister for Health and Children the situation with regard to agreement of a common contract between the Health Service Executive and consultants; the process of implementation of such an agreement; if the appointment of promised additional consultants can proceed; and if she will make a statement on the matter. [2731/08]

Minister for Health and Children (Deputy Mary Harney): Talks with the Irish Hospital Con- sultants Association came to a successful conclusion on 25th January 2008. The Independent Chairperson of the negotiations, Mark Connaughton SC, is preparing a report setting out the agreed terms. A new employment contract will then be drafted. There will be three types of contract

• Type A (Salary up to \240,000) — consultants will be paid a public salary and will not have any private fee income;

• Type B (Salary up to \220,000) — consultants may have private fee income for work done on the public hospital campus but at least 80% of their clinical/patient output must be public patients; and

• Type C (Salary up to \175,000) — will apply only in exceptional situations and will allow the appointee to treat private patients outside the public hospital campus.

Some of the other key features of the agreement include:

• The working week will be 37 hours

• An extended working day (8am — 8pm), Monday to Friday, will be introduced

• Consultants may be required to work up to 5 hours structured overtime on Saturdays and Sundays to expand access for patients/clients to consultant provided services.

• Consultants will be led and managed by fellow clinicians. This will entail the appointment of Clinical Directors to manage clinical services, budgets and lead the development of services for patients;

• Consultants will now, as part of their contract, work in teams to deliver consultant-pro- vided rather than consultant-led services to patients.

The agreement will enable the HSE to recommence its consultant recruitment programme and will facilitate the implementation of Government policy to increase substantially the number of consultants in the public health services in order to re-balance the ratio between consultant and non-consultant hospital doctors and to move to a consultant delivered service, where patients in public hospitals will be seen and treated by a consultant. 794 Questions— 31 January 2008. Written Answers

Hospitals Building Programme. 22. Deputy Thomas P. Broughan asked the Minister for Health and Children the contracts that have been signed for co-located private hospitals on the grounds of public hospitals; if she is satisfied that her co-location programme should be advanced without a democratic mandate and with less than enthusiastic support from health workers; and if she will make a statement on the matter. [2730/08]

Minister for Health and Children (Deputy Mary Harney): I am satisfied that this Government has a clear democratic mandate for the co location initiative. The co-location initiative aims to make available approximately 1,000 public acute hospital beds for public patients, beds that are currently being used by private patients. In accordance with the competitive dialogue procurement process which is being used, the Board of the HSE approved in July last successful bidder status for the development of co located hospitals at the following six hospitals: • Waterford Regional Hospital • Cork University Hospital • Limerick Regional Hospital • Sligo Regional Hospital • Beaumont Hospital • St James’s Hospital Since then the hospitals and the bidders have been working towards finalising the Project Agreements. It is expected that the Project Agreements for Beaumont, Cork and Limerick Hospitals will be signed very soon. It is also anticipated that the signing of the Project Agreements for the other three sites will be concluded shortly thereafter. Connolly Hospital and Tallaght Hospital, which are also participating in the co location initiative, are at an earlier stage of the procurement process. A tender in relation to Connolly Hospital is under consideration and it is expected that the invitation to tender (ITT) for Tallaght Hospital will issue in the near future.

National Treatment Purchase Fund. 23. Deputy Ruairı´ Quinn asked the Minister for Health and Children the role that will be assigned to the National Treatment Purchase Fund in the implementation of the fair deal proposals; and if she will make a statement on the matter. [2711/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Under the new nursing home support scheme, A Fair Deal, the National Treatment Purchase Fund (NTPF) will negotiate prices for long-term care with private nursing home owners on behalf of the State. Where nursing homes agree prices for the purposes of the scheme with the NTPF, the NTPF will recommend the homes to the Health Service Executive for inclusion on the list of nursing homes ‘approved’ for the scheme. While not a matter for the NTPF, private nursing homes will also have to be registered in order to be ’approved’ for the scheme.

Health Services. 24. Deputy Sea´n Sherlock asked the Minister for Health and Children if there are plans 795 Questions— 31 January 2008. Written Answers

[Deputy Sea´n Sherlock.] to develop a national framework of palliative care; and if she will make a statement on the matter. [2715/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Under the Programme for Government, the Government has committed to removing the regional disparities in the provision and funding of palliative care, and to ensuring that the needs of all those who require palliative care are met. The Department of Health and Children is commit- ted to working with the HSE and other key stakeholders in developing palliative care services throughout Ireland. Funding is being provided for the development of palliative care services in line with the recommendations in the Report of the National Advisory Committee on Palliative Care (2001) and in the context of available resources and workforce planning across the health service. Additional funding totalling \18 million was provided by the Government in Budgets 2006 and 2007. A further \3 million was allocated under Budget 2008 to develop services. This funding is being used to improve palliative care services in consultation with the HSE Regional Development Committees and in line with the recommendations made in the 2001 Report. In 2007, the Department of Health and Children set up a working group to develop a policy on children’s palliative care in line with the 2001 Report. Their draft policy document is cur- rently being finalised. The HSE is developing a five-year capital and revenue implementation framework, in consul- tation with the Irish Association for Palliative Care, the Irish Hospice Foundation and the Irish Cancer Society. Work is ongoing on the development of this plan and good progress has been made to-date.

Cancer Screening Programme. 25. Deputy Brian O’Shea asked the Minister for Health and Children when the commitment in the Programme for Government to introduce a programme of vaccination against cervical cancer will be implemented; and if she will make a statement on the matter. [2706/08]

Minister for Health and Children (Deputy Mary Harney): The most effective strategy for the prevention of cervical cancer requires decisions based on an assessment of the relative contributions of Human Papilloma Virus (HPV) vaccination and cervical screening in reducing the burden of both existing and projected cervical precancerous changes and cervical cancer. Issues to be examined include the effectiveness and cost effectiveness of the vaccine for differ- ent age groups and for differing levels of screening provision and uptake. The vaccine against HPV that is licensed for use within the European Union protects recipi- ents against 4 types of HPV, including types 16 and 18 that cause 70% of cervical cancers and two other types that cause most genital warts. While it is 100% effective against types 16 and 18, there will remain at least 30% of women whose cancers will not be prevented with this vaccine. As is being done in other jurisdictions, Ireland is now considering the potential role of HPV vaccination in addressing the problem of cervical cancer prevention. The National Immunis- ation Advisory Committee (NIAC) has undertaken a scientific assessment of the public health value of HPV following a request from my Department. NIAC and the National Cancer Scre- ening Service (NCSS), agreed that this work needed to be complemented by a study of the cost effectiveness of the vaccine in the current Irish context. Accordingly, both organisations requested that the Health Information and Quality Authority (HIQA) undertake this study. When I have received the results of this work I will then be in a position to take the necessary 796 Questions— 31 January 2008. Written Answers policy decisions based on the best available national and international evidence.In the mean- time, the NCSS is planning to roll-out the National Cervical Screening Programme on a national basis around the middle of this year.

Health Promotion. 26. Deputy Jimmy Deenihan asked the Minister for Health and Children if her attention has been drawn to the serious concern of the medical profession and the physical education associ- ation of Ireland regarding the poor posture of many young people in this country and the resulting health problems associated with poor posture; and if she will make a statement on the matter. [2552/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): I am aware of the health problems associated with back pain and that learning and practising good posture can help prevent back pain. In November 2005 the Health Promotion Unit of my Department published “The Back Care Book”, a guide to keeping your back healthy. Since then responsibility for the funding, management and delivery of health and personal social services, including health promotion campaigns, has transferred to the Health Service Executive under the Health Act 2004.

Medical Cards. 27. Deputy James Bannon asked the Minister for Health and Children the reason an Irish person (details supplied) studying as a mature student in the UK is not entitled to a medical card despite returning to Ireland for holidays and weekends; if this is a common policy per- taining to all Irish students studying abroad; and if she will make a statement on the matter. [2036/08]

Minister for Health and Children (Deputy Mary Harney): Entitlement to health services in Ireland is primarily based on residency and means. Any person, regardless of nationality, who is accepted by the Health Service Executive (HSE) as being ordinarily resident in Ireland is entitled to either full eligibility (Category 1, i.e. medical card holders) or limited eligibility (Category 2) for health services. Where a person stays temporarily in another EU member state to undertake a recognised course of study and the HSE is satisfied that the person continues to be ordinarily resident in Ireland, eligibility for health services in Ireland, whether full or limited, is unaffected. Separately, under the provisions of Regulation (EC) 1408/71, an Irish resident who goes to another member state to undertake a recognised course of study but who remains ordinarily resident in Ireland is covered by the European Health Insurance Card for necessary healthcare in the public system of that member state (such persons were formerly covered by the form E128, which was replaced by the EHIC in 2004). As the Deputy’s question refers to an individual case, the Health Service Executive is the appropriate body to consider the matter. My Department has requested the Parliamentary Affairs Division of the Executive to have the matter examined and to have a reply issued directly to the Deputy.

Health Service Staff. 28. Deputy Phil Hogan asked the Minister for Health and Children the number of the 52 additional infection-control staff promised in 2006 that have yet to be recruited; and if she will make a statement on the matter. [2677/08] 797 Questions— 31 January 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): During the latter half of 2006, 52 posts were approved by the Health Service Executive to enhance infection control in the Coun- try’s hospitals. These posts included Senior Pharmacists, Senior Infection Control Nurses and Surveillance Scientists. A recruitment process was initiated immediately on receipt of the for- mal approval of the posts in September 2006. To date, a total of 34.5 WTE (whole-time equivalent) positions have been filled.

Health Services. 29. Deputy Arthur Morgan asked the Minister for Health and Children if she will make a statement on the Health Service Executive’s 2008 service plan. [2205/08]

Minister for Health and Children (Deputy Mary Harney): Under Section 31 of the Health Act, 2004 the Health Service Executive must prepare and submit its annual National Service Plan for the coming year to the Minister for approval. The National Service Plan (NSP) must indicate the type and volume of health and personal social services to be provided by the Health Service Executive for the financial resources provided in its Vote. The format and content of the NSP has been improved and refined over the last number of years. A great deal of effort was deployed to the development and synthesis of the NSP 2008 by the HSE and I would like to express my public appreciation for the hard work of all the HSE officials concerned. The NSP is focussed on providing quantifiable data for planned service outputs for the inputs/resources being used and the progress of the Plan through the year is monitored by way of detailed monthly and quarterly Performance Monitoring Reports submitted by the HSE to the Department. The quarterly reports in particular detail progress on all actions/deliverables that are included in the NSP. The NSP also embeds more than 30 selected indicators/measures that can be used to assess the performance of the HSE in relation to the NSP. High level quarterly service plan meetings are held between Department and HSE manage- ment teams to discuss progress on the implementation of the NSP and to raise and resolve significant issues. In addition to these formal arrangements, there is ongoing contact and dia- logue between the various sections in the Department and the relevant directorates in the HSE. The NSP for 2008 was submitted on 19th November, 2007. In accordance with the Health Act, I approved the Plan on 10 December, 2007. In my letter of approval to the HSE, I requested the Board of the HSE to pay particular attention in 2008 to the absolute necessity for the HSE to operate within the limits of its Voted allocation in delivering, at minimum, the levels of service activity specified in the 2008 Service Plan. Clearly, this means that the Voted allocations, approved employment levels and service activities — both within the HSE itself and in HSE funded agencies such as the major voluntary hospitals — all need to be planned and actively and prudently managed from the very start of the year. I do not propose to go into any of the details of the Service Plan here as it was laid before both Houses of the Oireachtas on 20 December 2007 and, accordingly, is readily available to all Deputies. Considerable additional funds, over and above those provided in the Estimates, are being made available to the HSE in 2008 as a result of the December Budget Day announcements. These additional funds are being provided for the further development of specific nominated additional services in 2008. At my request, the HSE has provided me with an Addendum to the National Service Plan setting out how the Executive intends to fund and to deliver these additional services and service enhancements in 2008. That addendum is under consideration within my Department at present. 798 Questions— 31 January 2008. Written Answers

Health Service Reports. 30. Deputy Eamon Gilmore asked the Minister for Health and Children when she expects the publication of the report by Dr. Ann O’Doherty on cancer diagnosis in Portlaoise Hospital; and if she will make a statement on the matter. [2734/08]

73. Deputy Michael D. Higgins asked the Minister for Health and Children when she expects the publication of the Health Service Executive report into misdiagnosis at the Midlands Regional Hospital, Portlaoise; and if she will make a statement on the matter. [2735/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 30 and 73 together. The HSE has advised that the review of the mammography services in Portlaoise is complete. Nine women were identified as having a diagnosis of cancer. All nine women have been offered appropriate treatment and counselling. A clinical review of ultrasounds at Portlaoise is also complete and no cancers were detected in this review. The HSE has advised my Department that a report on the reviews will be published by the HSE when the necessary legal require- ments have been completed. The suspension of mammography services at the Hospital con- tinues pending the publication of the report.

Question No. 31 answered with Question No. 16.

Medical Education. 32. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children if she will ensure that the promised increase in general practitioner training places to 150 in 2008 is delivered; and if she will make a statement on the matter. [2201/08]

122. Deputy P. J. Sheehan asked the Minister for Health and Children the number of general practitioner trainee places here in each health board region; the steps she will take to recruit GP trainees to meet the requirements of the medical profession; and if she will make a statement on the matter. [2869/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 32 and 122 together. It is recognised that the number of General Practitioners (GPs) being trained at present is not sufficient to meet anticipated manpower need. In 2004, My Department agreed with the Irish College of General Practitioners (ICGP) that the number of GP vocational training places should be increased from 84 to 150 on a phased basis over three years. Since 2005, an additional \6 million has been provided to the Health Service Executive (HSE) to enable the creation of additional GP places. I am informed by the HSE that to date, 36 of the additional 66 places have been filled. There are currently 12 GP vocational training programmes in the State and these prog- rammes are accredited by the ICGP. The HSE has indicated that there have been capacity issues within these training programmes and that this is the principal reason that it has not been possible to increase the number of training places as quickly as had been hoped. I under- stand that the HSE has been working closely with the ICGP with a view to addressing these issues. Under Section 86 of the Medical Practitioners Act 2007, the HSE has responsibility inter alia for the following: • Promoting the development of specialist medical education and training; 799 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.]

• Co-ordinating such developments in co-operation with the Medical Council and the medi- cal training bodies; • Undertaking appropriate medical workforce planning for the purpose of meeting special- ist medical staffing and training needs, in co-operation with the medical training bodies and after consultation with the Higher Education Authority; • Assessing on an annual basis the number and type of specialist medical training posts required by the health service.

Therefore, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address the matters raised and to have replies issued directly to the Deputies.

Mental Health Services. 33. Deputy Dan Neville asked the Minister for Health and Children the reason she has departed from the policy as recommended in the report of the development of the mental health services A Vision for Change that the release of substantial resources both revenue and capital tied up in residual psychiatric institutions should form a significant part of the invest- ment required in funding the new model of care; and if she will make a statement on asset loss and diversion of hospital buildings and lands from the mental health services. [2724/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): “A Vision for Change” the Report of the Expert Group on Mental Health Policy, which was launched in January 2006, has been accepted by Government as the basis for the future development of our mental health services. The vision embodied in this policy is to create a mental health system that addresses the needs of the population through a focus on the require- ments of the individual. The Report recommends inter alia that a plan to bring about the closure of all mental hospitals should be drawn up and implemented, and that the resources released by these closures should be protected for reinvestment in the mental health service. The Health Service Executive has primary responsibility for implementing this recom- mendation. I assume the Deputy is referring to “The Lie of the Land” Report recently launched by the Irish Psychiatric Association. The Report gives examples of proceeds of assets allegedly lost to psychiatric services over a 20-25 year period. A small number of assets disposed of in the past two years are identified. “A Vision for Change” is very clear on this issue and recommends that resources, both capital and revenue, should be retained in the mental health service, with the reconfigured mental health services having priority in their disposal. It also recommends that the full economic value of psychiatric hospital buildings and lands should be professionally assessed towards identifying appropriate future use and maximum value and benefit. The value of these assets significantly counter balances the capital cost of the new mental health services infrastructure requirement. The Minister for Health and Children, Mary Harney has also made it clear to the HSE in the context of their Service Plan for 2008 that there can be no question of diverting capital or development funds to meet expenditure pressures arising in relation to core services. I have asked the HSE to provide me with a report on “The Lie of the Land” Report partic- ularly insofar as it relates to the disposal of assets in the past two years.

Long-Term Illness Scheme. 34. Deputy Liz McManus asked the Minister for Health and Children if she will review the 800 Questions— 31 January 2008. Written Answers illnesses covered by the long-term illness scheme; if she will, in particular, include Huntington’s disease; and if she will make a statement on the matter. [2704/08]

Minister for Health and Children (Deputy Mary Harney): Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, park- insonism, conditions arising from thalidomide and acute leukaemia. There are currently no plans to extend the list of eligible conditions. Products which are necessary for the management of the specified illness are available to LTI patients. Other products are available according to the patient’s eligibility. People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an indi- vidual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations. Non-medical card holders and people whose illness is not covered by the LTI can use the Drug Payment Scheme, which protects against excessive medicines costs. Under this scheme, no individual or family unit pays more than \90 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines. In addition, the Deputy will be aware that non-reimbursed medical expenses above a set threshold may be offset against tax.

Hospital Services. 35. Deputy Michael Noonan asked the Minister for Health and Children if she will provide an undertaking that there will be no further delay in the implementation of the recom- mendations of the Pollock Report; and if she will make a statement on the matter. [2694/08]

41. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if she will expedite measures to provide high standard facilities for persons with cystic fibrosis in order to address the low life expectancy of CF sufferers here compared to Ireland’s EU neighbours; and if she will make a statement on the matter. [2198/08]

68. Deputy Sea´n Barrett asked the Minister for Health and Children if it is intended to provide a dedicated cystic fibrosis unit to meet the urgent and critical needs of cystic fibrosis sufferers; if she has plans to provide isolation units for CF patients at hospitals here; and if she will make a statement on the matter. [1592/08]

133. Deputy Bernard J. Durkan asked the Minister for Health and Children the action she proposes to take to meet the requirements of cystic fibrosis sufferers with a view to bringing the quality of service here into line with that available in other jurisdictions; and if she will make a statement on the matter. [2966/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 35, 41, 68 and 133 together. 801 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.]

I acknowledge the need to improve services to persons with cystic fibrosis. The negative experience recounted by some patients is a matter of much concern to me. Following publication of the Pollock Report in 2005, the Health Service Executive estab- lished a Working Group to undertake a detailed review of cystic fibrosis services. The Group, which was multi-disciplinary in its composition and included representation from my Depart- ment, was asked to review the current configuration and delivery of services to persons with cystic fibrosis in Ireland. The Group idenitified a range of service improvements required for persons with Cystic Fibrosis, including the need to increase the level of clinical, nursing and allied health professional staffing in Cystic Fibrosis units around the country. Arising from the Pollock Report and the emerging recommendations of the Working Group, I identified the development of cystic fibrosis services as a policy priority in the Estimates process. In 2006 and 2007, additional revenue funding of \6.78 million was provided to the Health Service Executive (HSE) to develop services. 44 additional staff dealing with cystic fibrosis have been appointed to date across a number of hospitals, including St Vincent’s, Beaumont, Temple Street, Crumlin, Tallaght, Cork University Hospital, Galway, Limerick and Waterford. The necessary funding is available to facilitate the recruitment of a further 37 staff nationally. The HSE was asked to place a particular focus on the development of services at the National Adult Tertiary Referral Centre at St. Vincent’s Hospital. A number of capital projects have recently been completed at the hospital and have helped to improve facilities. These include a new ambulatory care centre, the refurbishment of St. Camillus Ward, and a new Accident and Emergency Department which includes single room accommodation. However, it is accepted that these developments do not fully address the immediate needs of patients. The HSE has been working intensively with the Hospital and with representatives of the Cystic Fibrosis Association of Ireland to progress options for further interim improve- ments. My Department is advised that the option of developing a modular unit is being exam- ined in this context and the position will be clarified shortly. The HSE advises that it is fast-tracking the re-development of a ward which is adjacent to the main cystic fibrosis treatment area. The project is to commence within the next few weeks and will provide six single rooms. On completion, additional work will begin to provide a further eight single rooms. The HSE advise that this will result in a total of fourteen single rooms for cystic fibrosis patients by the end of the summer. In the longer term, a new ward block is to be built and will include 120 replacement beds in single en-suite accommodation. The new facility will accommodate cystic fibrosis patients and will include appropriate isolation facilities. Planning permission has been obtained and financial provision has been included in the HSE Capital Plan. The HSE advises that contract notices will be published by the end of February 2008 and the contract is to be awarded in 2008. It will be a condition of the contract that the design build period be not more than 24 months from the date of contract award. Beaumont Hospital operates as a regional centre in providing services to adults with cystic fibrosis. In the 2008 Budget, a special allocation of \2.5m capital funding was provided to enable Beaumont hospital to provide out patient facilities for cystic fibrosis patients. An independent registry for cystic fibrosis has been established. As yet, the data is not available to fully inform analysis relating to median survival in this country. When it is available, the data from the Registry will allow for benchmarking against comparable countries around the world to measure the performance of our healthcare system. 802 Questions— 31 January 2008. Written Answers

Question No. 36 answered with Question No. 12.

Health Services. 37. Deputy Jim O’Keeffe asked the Minister for Health and Children if she will issue a policy white paper on orthodontics in view of the critical delays and long waiting lists for school children in many parts of the country. [2447/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) established an Orthodontic Review Group in 2006. The Group was broadly representa- tive of the orthodontic profession and also included representation from the HSE, my Depart- ment and the dental schools. The terms of reference for the group were:

• to review the recommendations of the Joint Oireachtas Committee Reports (February, 2002 and June, 2005);

• to examine the recommendations within the operational remit of the HSE and to estab- lish their status;

• to conduct an analysis of the HSE’s existing orthodontic delivery structure and capacity. Based on that analysis, to make recommendations in that regard;

• the recommendations thus made to be costed and a time-frame for their implemen- tation proposed.

The Orthodontic Review Group finalised its report last year. One of the recommendations contained in the report relates to the guidelines issued in 1985. The Review Group made a unanimous recommendation to the HSE to replace these guidelines with new assessment criteria based on Index of Orthodontic Treatment Need (ITON). The national implementation of the proposed guidelines will ensure equity of access to treatment for all patients deemed eligible. The Review Group report has been approved by the HSE’s Management Team, and it is a matter for the HSE to implement these guidelines. Orthodontics is one of a number of oral health issues which will be examined as part of the development of the National Oral Health Policy, which I am committed to publishing this year.

Fuel Poverty. 38. Deputy Joanna Tuffy asked the Minister for Health and Children if she will address the issues raised in a recent policy paper entitled All-Ireland Policy Paper on Fuel Poverty and Health published by the Institute of Public Health in Ireland; and if she will make a statement on the matter. [2719/08]

Minister for Health and Children (Deputy Mary Harney): There are a number of initiatives currently undertaken that aim to tackle fuel poverty. Sustainable Energy Ireland, together with a number of government departments and agencies, is involved in a research project investigat- ing the impacts of undertaking energy efficiency improvements in low-income households. This research involves 600 homes in Cork and Donegal. The householders will be interviewed prior to intervention to assess their current energy and health status and then again following the insulation measures to assess what, if any, improvement has resulted. The Department of the Environment, Heritage and Local Government has also undertaken initiatives to address fuel poverty. The Housing Aid for Older People Scheme which was intro- duced in November 2007, and is administered by the local authorities, provides targeted support to assist older people in carrying out necessary repairs and improvements. The provision of 803 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.] central heating and associated insulation works may be considered for grant aid under the scheme. In addition, older people will benefit from the central heating programme introduced by the Department of the Environment, Heritage and Local Government in July 2004. This prog- ramme assists local authorities in providing central heating facilities and associated insulation works in their rented dwellings. The Department of Social and Family Affairs has undertaken to provide fuel allowance through the National Fuel Scheme. The National Fuel Scheme is intended to help households that depend on long-term social welfare of Health Service Executive payments and are unable to pay for their own heating needs. The National Action Plan for Social Inclusion 2007-2016 sets the overall policy framework for tackling poverty and social inclusion up to 2016 and includes measures relating to fuel poverty. Within that overall framework the relevant Departments and Agencies as well as energy suppliers will continue to work together to systematically address fuel poverty challenges.

Departmental Reports. 39. Deputy Michael D. Higgins asked the Minister for Health and Children when she expects the publication of the HIQA report in relation to a person (details supplied); and if she will make a statement on the matter. [2736/08]

Minister for Health and Children (Deputy Mary Harney): The investigation by the Health Information and Quality Authority (HIQA) into the care provided by the HSE to the named individual commenced in June 2007. I have been informed by HIQA that this report is expected to be published before the end of February 2008.

Medical Cards. 40. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children her plans to further extend eligibility for the medical card; and if she will make a statement on the matter. [2199/08]

Minister for Health and Children (Deputy Mary Harney): At present, medical cards are granted primarily on the basis of means and individual circumstances. Under the Health Act, 2004, determination of eligibility for medical cards is the responsibility of the Health Service Executive. Persons aged seventy years and over are automatically entitled to a medical card, irrespective of means. The HSE has discretion, in cases of exceptional need, to provide assist- ance to individuals where undue hardship would otherwise be caused. Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of general practitioner services. In 2005, the GP visit card was introduced as a graduated benefit so that people on lower incomes who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP. In June 2006, I agreed with the HSE to raise the assessment guidelines for GP visit cards and these are now 50% higher than those in respect of medical cards. For medical card and GP visit card applications, the HSE now considers an applicant’s income after tax and PRSI are deducted, rather than total income. Allowances are also made for expenses on childcare, rent and mortgage costs and the cost of travel to work. My Department is currently reviewing all legislation relating to eligibility for health and personal social services with a view to making the system as fair and transparent as possible. 804 Questions— 31 January 2008. Written Answers

As part of this general review, a review of the eligibility criteria for medical cards in the context of economic / financial, medical and social need is being undertaken with a view to clarifying entitlement to a medical card, and is expected to be completed by Autumn, 2008.

Question No. 41 answered with Question No. 35.

Cancer Treatment Services. 42. Deputy Eamon Gilmore asked the Minister for Health and Children the consideration being given to addressing the transportation needs that will arise in association with the consoli- dation of cancer services in eight designated centres over the course of the next two years; and if she will make a statement on the matter. [2733/08]

74. Deputy James Bannon asked the Minister for Health and Children when she will put a viable transport system in place for cancer patients forced to travel long distances to access treatment or if she will rely on members of the public to provide this service despite the onus being on her Department to provide same to meet the needs of patients who can no longer attend local services due to the setting up of centralised centres of excellence; and if she will make a statement on the matter. [2037/08]

111. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the progress that has been made in establishing designated transport facilities for patients who have to travel long distances to gain access to cancer care; and if she will make a statement on the matter. [2807/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 42, 74 and 111 together. The delivery of cancer services on a programmatic basis will serve to ensure equity of access to services and equality of patient outcome irrespective of geography. The decisions of the Health Service Executive (HSE) in relation to the designation of four managed cancer control networks and eight cancer centres will be implemented on a managed and phased basis. The HSE is conducting a fundamental review of how transport services are provided which will take into account the decisions made in relation to the designation of cancer centres under the National Cancer Control Programme. The Programme is also in discussion with the Irish Cancer Society in relation to this issue and has reached agreement on the administration by the Society of a hardship related transport scheme, to be funded by the Programme. The HSE is also putting in place a structured programme of quality assurance, support and information services to underpin the re-organisation of services to ensure that cancer patients will receive quality services as close to home as possible.

Medical Cards. 43. Deputy Olwyn Enright asked the Minister for Health and Children the position regarding the implementation of the Government’s commitment to allow people with disabilities to work without losing their medical card after three years as outlined in the Programme for Govern- ment; and if she will make a statement on the matter. [32285/07]

Minister for Health and Children (Deputy Mary Harney): At present, people with disabilities may retain their medical card for three years on taking up employment. My Department is at present considering the most appropriate approach to the implementation of the commitment to extend this retention period. 805 Questions— 31 January 2008. Written Answers

Services for People with Disabilities. 44. Deputy David Stanton asked the Minister for Health and Children further to Parliamen- tary Question No. 168 of 19 December 2007, if the draft national standards for services for people with disabilities will be available for public consultation in the second quarter of 2008; the persons who, in addition to the National Disability Authority, were involved in drafting these standards; when she expects these standards to come into effect; and if she will make a statement on the matter. [2556/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): As the Deputy may be aware, the draft National Standards for services for people with disabilities, which were produced by my Department in association with the National Disability Authority (NDA) were forwarded to the interim Health Information and Quality Authority (iHIQA) in March 2005. Following the statutory establishment of HIQA, the development of standards is a matter for that Authority. However I can tell the Deputy that a ’Standards Advisory Group’ was put in place by HIQA to consider the development of service specific standards including residen- tial and community based services for people with disabilities in residential centres. The mem- bership of the Standards Advisory Group is representative of a broad range of agencies and advocates within the disability sector. The membership includes the National Disability Auth- ority, Not for Profit Business Association, Inclusion Ireland, National Parents and Siblings Alliance, the Life Sharing Alliance, People with Disabilities in Ireland, Health Service Execu- tive, Psychological Society of Ireland, National Economic and Social Council, National Feder- ation of Voluntary Bodies, St Joseph’s Parents Association, the Disability Federation of Ireland, An Bord Altranais, Mental Health Commission, HIQA, a number of service users and my Department. In tandem with the development of service specific standards, I understand that HIQA is due to commence recruiting and training of personnel to build capacity to be in a position, when appropriate, to carry out inspections of services. I understand that a set of draft standards will be available for public consultation in the second quarter of 2008 and completed later in the year. A published set of standards is expected by the end of 2008.

Question No. 45 answered with Question No. 14..

Question No. 46 answered with Question No. 20.

Hospital Services. 47. Deputy Joe Costello asked the Minister for Health and Children the plans in place to strengthen the capacity of maternity hospitals here to address the growing demand on their services; and if she will make a statement on the matter. [2732/08]

Minister for Health and Children (Deputy Mary Harney): The number of births last year was over 70,000. The Health Service Executive Service Plan for 2008 estimates that the number of births for the year will be nearly 73,000. The transformation of maternity services nationally is a key project within the HSE Trans- formation Programme. As part of this work, an independent review of maternity and gynae- cology services in the greater Dublin area is being undertaken by external consultants and is due to be completed shortly. The review will set out recommendations and provide an action plan to facilitate the best model for primary, community and hospital services and workforce requirements. The review will also help to inform decisions on the most appropriate model of care for the future delivery of maternity and gynaecology services in Dublin. 806 Questions— 31 January 2008. Written Answers

My Department is advised by the HSE that a range of capital improvements aimed at enhanc- ing maternity services nationally have been put in place or are currently in train as follows:

• The establishment of the National Epidemiology Centre in 2006 to facilitate the monitor- ing of all data from Irish maternity units with the aim of improving clinical services for mothers and babies.

• The opening of the new Cork University Maternity Hospital in March 2007 saw the amalgamation of Cork’s three existing hospitals on the one site.

• A capital grant of \15m has been approved for Wexford General Hospital to meet the cost of upgrading the obstetric and gynaecological service.

• At the Midland Regional Hospital Mullingar the obstetric/gynaecology ward including delivery suite is being upgraded.

• A capital project to provide a new upgraded special care baby unit is being commissioned at Portiuncula Hospital.

• A capital grant of \3m has been approved to carry out infrastructural improvements at the Rotunda Hospital.

• \15m has been approved in principle to provide enhanced facilities at the National Maternity Hospital.

Hospital Staff. 48. Deputy Jack Wall asked the Minister for Health and Children when she expects the publication of the internal report by Cork University Hospital into the appointment of a pathol- ogist (details supplied); and if she will make a statement on the matter. [2720/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has informed my Department that the review of pathology services at Cork University Hospital is currently being completed. The HSE has also informed my Department that the Pathologist concerned no longer works in any of its Hospitals.

Child Care Services. 49. Deputy Sea´n Sherlock asked the Minister for Health and Children the changes made to the initial proposals for community childcare facilities in response to concerns that the initial proposals would result in the closure of many community childcare units; and if she will make a statement on the matter. [2714/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): As the Deputy will be aware, I have responsibility for the National Childcare Investment Prog- ramme 2006-2010 (NCIP) which, together with the earlier Equal Opportunities Childcare Prog- ramme 2000-2006 (EOCP), are implemented by the Office of the Minister for Children. The main supports the Government makes available to parents to assist them with their childcare costs are Child Benefit and the Early Childcare Supplement. The latter payment is the responsibility of my Office, and it alone is expected to amount to expenditure of over \500m in 2008. These payments are universal and benefit all parents, regardless of their income, labour market status or the type of childcare they choose. In addition to these universal sup- ports, Government childcare policy has also recognised the need to target additional supports towards disadvantaged families. 807 Questions— 31 January 2008. Written Answers

[Deputy Brendan Smith.]

Under the Equal Opportunities Childcare Programme 2000-2006 (EOCP), which is co- funded under the EU Social Fund (ESF), targeted support was provided through the staffing support grant scheme whereby community based not-for-profit childcare providers with a strong focus on disadvantage were awarded grant aid towards their staffing costs to allow them to operate reduced fees to disadvantaged parents. Funding under this scheme was originally awarded for a limited period during which services were expected to move towards sus- tainability. This funding was subsequently continued to the end of 2007, where it was considered necessary to enable services to continue to make their services accessible to disadvantaged parents. This continuation funding was subject to the condition that tiered fee structures were implemented by the services in question. With the closure of the EOCP in December 2007, to continue to support community child- care services to provide affordable childcare to disadvantaged parents, the Community Child- care Subvention Scheme (CCSS) was introduced from 1st January 2008 under the Exchequer funded National Childcare Investment Programme 2006-2010 (NCIP), the successor prog- ramme to the EOCP. The CCSS has been allocated \153 million over the next 3 years, rep- resenting a 16% increase in funding over the EOCP staffing scheme, and will continue to support community childcare services to provide reduced childcare fees for disadvantaged parents, complementing the universal supports in place for all parents. Under the new scheme, it will be possible to ensure that the level of grant aid which individual services qualify for will reflect the actual level of service they provide and the profile of the parents benefiting from their service. As part of their application for funding under the new scheme, services are required to ask parents using their services to complete a simple declaration form which is to be included in a return to my Office and on which basis the level of subvention for each service will be determined. The subvention received by services will, in turn, be reflected in the reduced fees for parents who qualify as disadvantaged under the scheme. It is considered that the new scheme will provide an effective framework for the continued targeting of additional resources towards disadvantaged parents and their children while con- tinuing to support community childcare services generally. The scheme has been informed by and takes account of a number of enhancements recommended by the report of the Value for Money Review of the EOCP. These include the fact that the subvention to services will be more responsive to the level of service provided as well as the degree of parental disadvantage supported and the ceiling for funding, which existed under the previous scheme, is being removed. Account will also be taken of all of the operational costs of the service rather than staffing costs alone. Services, including full-time, part-time and sessional ones, which at present are, in some cases, inaccessibly priced for disadvantaged parents, will be available to them at more appropriate rates under the new scheme. In addition, transitional arrangements have been made under which existing grant recipients will continue to be funded at their current levels until 1st July 2008. This is to ensure that existing childcare services are facilitated to adjust to the new scheme, including making any adjustments necessary to their fee structures. When I announced the new scheme in July of last year, I signalled my intention to undertake a review of the Scheme on the basis of the more detailed and comprehensive data which was to be forwarded to my Office in November and December as part of the application process of the new scheme. I am pleased to advise the Deputy that the review was completed last month and the following adjustments to the scheme have been approved by the Government:

• the childcare subvention rates, which form the basis for assessing the level of grant fund- ing payable to community childcare services, have been increased from \80 to \100 per 808 Questions— 31 January 2008. Written Answers

week in the case of Band A parents and from \30 to \70 per week in the case of Band B parents;

• services will also be grant aided to enable them to provide reduced childcare fees for parents in Band C who are marginally above the Family Income Supplement (FIS) thres- hold and low income parents who qualify under this measure will benefit by \45 per week per full-time place;

• where a parent moves to a lower Band (e.g. from social welfare into employment), the subvention paid in respect of them will be withdrawn on a tapered basis with the effect that where a parent would no longer qualify for a Band A payment, he or she will be treated as a Band B parent in the following year;

• special provisions will be provided for in the case of childcare services where, for valid reasons, it is not possible to assess grant funding on the basis of annual parental declar- ations alone (e.g. women’s refuges, special services for children of drug misusers) and, in exceptional cases, where special levels of funding provision may be required;

• in recognition of the on-going input of the community and voluntary sector, and to provide stability for services which would otherwise receive very low levels of grant sub- vention (e.g. small rural services) a minimum annual grant level of \20,000 is being introduced;

• as a transitional measure during 2008-2010, services which would otherwise face a signifi- cant decrease in their existing level of grant support from July 2008, will continue to receive grant aid equal to not less than 90% of their previous grant level during July- December 2008, equal to not less than 85% of that amount in 2009, and equal to not less than 75% of that amount in 2010. The transitional grant funding is conditional on all requirements of the Scheme being complied with, including the return of annual appli- cations together with completed parent declaration forms and the implementation of tiered fees based on the subvention levels for Band A, B and C parents.

Question No. 50 answered with Question No. 15.

Departmental Investigations. 51. Deputy Ro´ isı´n Shortall asked the Minister for Health and Children when she expects the publication of a report by HIQA of a review of pathology services at University College Hospital Galway in the wake of a breast cancer misdiagnosis case where a woman was twice wrongly given a breast cancer all-clear; and if she will make a statement on the matter. [2721/08]

Minister for Health and Children (Deputy Mary Harney): The investigation by the Health Information and Quality Authority (HIQA) into pathology services at University College Hospital Galway in the context referred to by the Deputy was commenced in September 2007. I am informed that significant progress has been made in this investigation. While it is difficult to predict precisely at this stage when the work will be completed, it is hoped that the investi- gation will be concluded by the end of March 2008 and the report will be published as soon as possible thereafter.

Mental Health Services. 52. Deputy Joan Burton asked the Minister for Health and Children the plans in place to increase the number of child and adolescent psychiatric beds in the short and medium term; 809 Questions— 31 January 2008. Written Answers

[Deputy Joan Burton.] the locations where these beds will be provided; and if she will make a statement on the matter. [2729/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Report of the Expert Group on Mental Health Policy, entitled ’A Vision for Change’, which was launched in January 2006 provides a framework for action to develop a modern, high quality mental health service over 7 to 10 years. It makes a number of recommendations for the development of Child and Adolescent Mental Health Services including the recruitment of 40 child and adolescent community mental health teams and the provision of four 20 bed units. A total of \11.2 million revenue funding has been provided to the HSE over 2006 and 2007 for the development of these services. Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. The Execu- tive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services. 53. Deputy Bernard Allen asked the Minister for Health and Children if she will report on recent discussions with dentists; if progress has been made on the ongoing dispute; the plans she has to ensure continuity of supply of dental services to medical card holders; and if she will make a statement on the matter. [2628/08]

Minister for Health and Children (Deputy Mary Harney): The Dental Treatment Services Scheme (DTSS) provides for a range of dental services for adult medical card holders from participating dentists holding contracts with the Health Service Executive (HSE). The DTSS Review Group was established in May, 2006 to undertake a comprehensive review of Primary Care Oral Health Services provided under the DTSS. Represented on the Review Group are the HSE, the HSE — Employers Agency, the Department of Health and Children, the Department of Social and Family Affairs, the Department of Finance and the Irish Dental Association (IDA). The Group is chaired by Mr Finbar Flood. During the course of the review, based on legal advice by the HSE, a legal issue arose in relation to the Competition Act, 2002 and the collective negotiation of fees with the IDA. The HSE was advised that the coming together of the DTSS contractors under the auspices of the IDA to negotiate fees would constitute a breach of the Act. The IDA was advised of the legal situation and, in January, 2007, discussions on the fee aspects of the review were temporarily put on hold. It is clear now from discussions between officials of my Department and the Attorney General’s Office, that there are complex legal difficulties associated with the tradit- ional process for the negotiation of professional fees and that a new approach, in line with Competition Law, must be found. Accordingly, officials in my Department have been working with the Attorney General’s office to clarify the way forward.

Eating Disorders. 54. Deputy Jimmy Deenihan asked the Minister for Health and Children the initiatives that are ongoing by her Department to reduce the level of obesity in this country; and if she will make a statement on the matter. [2597/08] 810 Questions— 31 January 2008. Written Answers

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): The Report of the National Taskforce on Obesity, “Obesity — the Policy Chal- lenges”, was published in 2005 and contained 93 recommendations aimed at tackling overweight and obesity. The Health Service Executive has established a Working Group to implement the health sector recommendations of the Task Force on Obesity for which the HSE has the lead responsibility and for which \3 million has been allocated. The Taskforce and my Department recognise that a multi-sectoral approach is necessary, involving other state agencies and government departments and real engagement of the public and private sectors to implement the report’s recommendations. My Department continues to liaise with other Government Departments and is at present working through the Senior Officials Group on Social Inclusion, Children and Integration to progress implementation of the Taskforces’s recommendations.

Question No. 55 answered with Question No. 14.

Detention Centres. 56. Deputy Alan Shatter asked the Minister for Health and Children if it is intended to make an order pursuant to Section 11 (2) (a) of the Ombudsman for Children Act 2002 to enable the Ombudsman for Children to investigate complaints received regarding children detained in prisons such as St. Patrick’s Institution as well as other adult prisons here; if the consent of the Minister for Justice, Equality and Law Reform has been sought for the making of such order; and if not, the reason for same. [2722/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): At the time of the drafting of the Ombudsman for Children Act 2002, children detained in St. Patrick’s Institution were excluded from the remit of the Ombudsman for Children for a number of reasons. Firstly, the Ombudsman Act 1980 exempted prisons and it was decided there should be consistency of approach in the Ombudsman for Children Bill. Secondly, the remit of the Ombudsman for Children is for persons under 18 years. As St. Partick’s Institution does not cater exclusively for children, young adults aged up to 21 years are also detained in this facility, it does not fall within the remit of the Ombudsman for Children. The Inspector of Prisons has a remit to inspect all places of detention operated under the aegis of the Irish Prison Service. St. Patrick’s Institution comes within this remit. In addition, there is also a visiting committee appointed to St. Patrick’s. Children detention schools come within the remit of the Ombudsman for Children. Under the amendments to the Children Act 2001, contained in the Criminal Justice Act 2006, children detention schools will be extended to include all children under 18 years. Plans are progressing to bring these changes into effect, after which all children under 18 in detention will come within the remit of the Ombudsman for Children.

Medical Aids and Appliances. 57. Deputy Joan Burton asked the Minister for Health and Children if the special vests that alleviate the symptoms associated with cystic fibrosis are available to such patients here; if they are available in all Health Service Executive regions; and if she will make a statement on the matter. [2728/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider 811 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.] the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Eating Disorders. 58. Deputy Emmet Stagg asked the Minister for Health and Children if the ACE schools project aimed at addressing obesity in school children in the Health Service Executive Dublin mid-Leinster region will be expanded to other areas; her plans to address the growing problem of obesity in the population here particularly in children; and if she will make a statement on the matter. [2717/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): The Report of the National Taskforce on Obesity, “Obesity — the Policy Chal- lenges”, was published in 2005 and contained 93 recommendations aimed at tackling overweight and obesity. The Health Service Executive has established a Working Group to implement the health sector recommendations of the Task Force on Obesity for which the HSE has the lead responsibility and for which \3 million has been allocated. This in addition to the annual spend of \25 million on health promotion activities, \5 million of which is also utilised in specifically anti-obesity initiatives. The Taskforce and my Department recognise that a multi-sectoral approach is necessary, involving other state agencies and government departments and real engagement of the public and private sectors to implement the report’s recommendations. My Department continues to liaise with other Government Departments and is at present working with the Senior Officials Group on Social Inclusion, Children and Integration to progress implementation of the Taskforces’s recommendations. The schools project to which the Deputy refers relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Question No. 59 answered with Question No. 20.

Inter-Country Adoptions. 60. Deputy Jim O’Keeffe asked the Minister for Health and Children her views on whether it is unacceptable that persons applying for inter country adoption have to wait for five years or more before they are allowed to complete the assessment process, in consequence of which the waiting list for foreign adoptions has doubled in the past five years; if she will take steps to establish a more effective system bearing in mind that many such applicants may be middle aged couples; and if she will make a statement on the matter. [2364/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The HSE has statutory responsibility for the implementation of policy with regard to assessments for inter-country adoption. As the Deputy may be aware, requests for assessment for inter-country adoption are continu- ously increasing. The recent study on inter-country adoption, undertaken by the Children’s Research Centre in Trinity College, revealed that Ireland has one of the highest rates for foreign adoption in Europe. In addition, as a result of the increased number of children coming from abroad, a new and increasing demand for post-adoption reports from sending countries 812 Questions— 31 January 2008. Written Answers has been created. Both assessments and post-placement reports are being undertaken by HSE social work staff. The HSE has been assessing the provision of services in the context of moving from the health board system to a single executive. It has acknowledged that there is a divergence in the provision of services and is committed to addressing those differences. In a number of areas, the HSE has improved waiting times by contracting assessments out to non-statutory agencies with appropriate expertise. The HSE has also appointed an outside consultant to undertake a review of the inter-country adoption service. This review is examining staffing, business processes, resources, strengths and options within the service. The HSE has indicated that it will contact the Department shortly with proposals to improve this service based on the outcome of the report. I would like to assure the Deputy of my attention to this issue and reiterate the importance of a rigorous and effective assessment system.

Departmental Funding. 61. Deputy Emmet Stagg asked the Minister for Health and Children if extra funding has been allocated to the National MRSA Reference Laboratory in response to concerns expressed in 2007 as to its capacity to carry out its functions; and if she will make a statement on the matter. [2716/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services, including the National MRSA Reference Laboratory which is operated by St. James’s Hospital, is provided in its annual vote. The HSE was allocated a total sum of almost \14bn for 2007 and near \15bn for 2008 and it is for the HSE to determine priorities and decide how these funds are used to deliver the best and most efficient public health service. Therefore, the particular question raised by the Deputy in this case is a matter for the HSE and my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have a reply issued directly to the Deputy.

Departmental Studies. 62. Deputy Olwyn Enright asked the Minister for Health and Children if there are provisions in place to examine or research the supports and services of caring on young carers and intro- duce an appropriate programme of in home supports as per the national agreement Towards 2016; and if she will make a statement on the matter. [32259/07]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): Towards 2016 includes a commitment that a study of the extent to which children undertake inappropriate care roles will be undertaken to establish the extent and degree to which this issue arises and the levels of impact it has on the lives of the children concerned. The Office of the Minister for Children will be commissioning this study in 2008, following consultation with the relevant Government Departments and agencies. It is envisaged that the study will take 12-18 months to complete.

Suicide Prevention Strategy. 63. Deputy Martin Ferris asked the Minister for Health and Children if she will make a statement on the Government’s commitment to suicide prevention in view of the freeze in the 813 Questions— 31 January 2008. Written Answers

[Deputy Martin Ferris.] 2008 Budget for the National Office for Suicide Prevention at the 2007 level of funding. [2202/08]

156. Deputy Dan Neville asked the Minister for Health and Children the progress on the implementation of the 33 recommendations of the Joint Oireachtas Committee report on High Levels of Suicide in Ireland published in July 2006 and debated in Da´il E´ ireann on 26 October 2006. [2202/08]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy Jimmy Devins): I propose to take Questions Nos. 63 and 156 together. I would like to assure the Deputy that the Government is fully committed to the implemen- tation of suicide prevention initiatives and the further development of services to prevent and reduce further tragic loss of life. In September 2005, “Reach Out” — a National Strategy for Action on Suicide Prevention, 2005-2014 was launched. The strategy provides a policy framework for suicide prevention activi- ties in Ireland. The strategy calls for a multi-sectoral approach to the prevention of suicidal behaviour in order to foster cooperation between health, education, community, voluntary and private sector agencies. The HSE, through the National Office for Suicide Prevention (NOSP), oversees the implementation of the strategy and has taken on board the recommendations of the Joint Committee on Health and Children regarding the “High Levels of Suicide in Irish Society” which are consistent with the actions identified in “Reach Out”. Additional funding of \1.85 million was provided in 2007 for the implementation of the Strategy bringing the overall funding available to support suicide prevention initiatives in 2007 to \8 million and this level of funding continues into 2008. Initiatives funded by the National Office for Suicide Prevention include developing and implementing national training programmes, completing the availability of self-harm services through A&E departments, developing mental health awareness campaigns, implementing recommendations arising from a review of bereavement services, eleven dedicated suicide officers and supporting voluntary organisations working in the field of suicide prevention. It should also be emphasised that a wide range of other expenditure on mental health services generally is of importance in measures to help prevent suicide. A total of some \1 billion is now spent on mental health services, including consultant psychiatry and psychiatric nursing. These services play a vital role in the drive to reduce the incidence of suicide, and should be taken into account when examining the level of total public expenditure devoted to suicide prevention.

Infectious Diseases. 64. Deputy Pat Rabbitte asked the Minister for Health and Children the information avail- able to her on the incidence of MRSA, C Difficile and other infections in hospitals here; the measures being taken to reduce the spread of these infections; and if she will make a statement on the matter. [2712/08]

138. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which hospitals in both the private and public sector have been affected by MRSA; the action taken to address this issue; and if she will make a statement on the matter. [2971/08]

139. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which MRSA is under control; the number of patients who contacted the disease in the pact 12 months; the action taken in response; and if she will make a statement on the matter. [2972/08] 814 Questions— 31 January 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 64, 138 and 139 together. I would like to assure the Deputies that tackling Health Care Associated Infections (HCAIs), including MRSA and C Difficile, continues to be a priority for the government and for the Health Service Executive (HSE). It should be noted that the HSE does not have a remit in relation to private hospitals. The European Antimicrobial Resistance Surveillance System (EARSS) was established in 1999 in response to the growing threat of antimicrobial resistance in Europe. In 2007, 43 Irish laboratories serving 64 acute hospitals (public and private) participated in EARSS representing an estimated 98% coverage of the Irish population. In 2007, by the end of the 3rd Quarter (the most up to date figures available) there were 1,035 isolates of Staphylococcus Aureus blood stream infection of which 432 (41.7%) were MRSA. The annual trends indicate that the pro- portion of MRSA in Ireland has levelled off at approximately 42% since 2002. Clostridium difficile is not a notifiable disease and, as a result, it is difficult to quantify the extent of infection in the health care system. However, Clostridium difficile infection was exam- ined in the Third Prevalence Survey of Health Care Associated Infections (HCAIs) in acute hospitals in 2006. The survey found that thirty-six patients had Clostridium difficile representing 0.5% of patients studied. Clostridium difficile infection increases with age and is eight times more common in patients over 65 years compared to those under the age of 65 years. The emergence of more virulent strains of Clostridium difficile which is partly due to over use of antibiotics underlines the importance of strict antibiotic stewardship in our health care system. The extent to which hospitals are affected by MRSA varies with the type of hospital. In the 2006 prevalence survey of healthcare associated infections, the prevalence of MRSA was 0.5% in tertiary/regional and general hospitals, and was zero in specialist hospitals. A National Surveillance System has recently been established by the HSE to collect data and provide information on a quarterly basis on four key areas, to monitor HCAIs in our healthcare system:

1. Staphylococcus bacteraemia;

2. Antibiotic consumption;

3. Alcohol gel use;

4. MRSA surveillance in Intensive Care Units.

A report on the 2006 data from the system is expected to be made available by the Surveillance Centre in the near future and work has commenced on providing information in respect of 2007. All of this will greatly assist in the monitoring of improvements in infection control. The HSE launched a National Infection Control Action Plan in March 2007. An Infection Control Steering Group, chaired by Dr. Pat Doorley, National Director (Population Health) is responsible for overseeing the implementation of the plan. Over the next three to five years, the HSE aims to reduce HCAIs by 20%, MRSA infections by 30% and antibiotic consumption by 20%. Achievement of these targets will benefit all patients who are at risk. These targets will be achieved through the development of national and local level action plans to reduce the potential for spread of infections between persons in healthcare settings and, in addition, will focus on reducing antibiotic use in Ireland. The Steering Group is supported by eight Local Implementation Teams which will ensure that all local facilities are focused on achieving the national targets. The Health Information and Quality Authority (HIQA) undertook a comprehensive review of hygiene in our hospitals in 2007 against hygiene standards developed by the Irish Health 815 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.] Services Accreditation Board. HIQA published its report, the National Hygiene Services Qual- ity Review, on 13th November, 2007. The report represents a thorough assessment of how hygiene services are provided and managed in 51 HSE-funded acute care hospitals. Hospitals generally performed well on hygiene in the service delivery area. Most hospitals achieved either extensive or exceptional compliance with the standard in the service delivery section of the report. However, the results were poor on governance. While the good hygiene practice of front line staff highlighted in the report is vital, real improvement in this whole are also depends heavily on good leadership and a system of governance. HIQA is currently working with man- agers and clinicians to develop national standards for Infection Prevention and Control. When completed these, along with the national hygiene standards, will provide a comprehensive framework to help reduce the spread of infection and improve the quality of our health care. The availability of isolation facilities is an important factor in the overall solution to the issue of reducing incidence of infection. I have instructed the HSE that designated private beds should be used where isolation facilities are required for patients who contract MRSA and this policy has been adopted by the HSE. New environmental building guidelines are being pre- pared by the HSE to inform infection control policy in all new builds and refurbishments and the HSE is committed to ensuring that such facilities are in line with best international practice including the provision of adequate numbers of single units. While accepting that not all HCAIs are preventable, I am satisfied that significant steps are being taken to reduce the rates of infections and to treat them promptly when they occur.

Child Abuse. 65. Deputy Alan Shatter asked the Minister for Health and Children the procedures in place in her Department to monitor, on an ongoing basis, the number of children who are the subject of reports to the Health Service Executive of either abuse or neglect and to monitor the time frame involved in the commencement of an investigation to assess the validity of such reports; the HSE areas in which such reports have been received and in which to date no investigation or assessment has commenced; the number of children to which such reports relate; and the action proposed by her to address difficulties in this area and to ensure children are properly protected. [2723/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): As the Deputy is aware the management and delivery of health and social services are the responsi- bility of the Health Service Executive under the Health Act 2004. Under Section 31 of that Act, the Health Service Executive must prepare and submit to the Minister its Service Plan for the coming year, for approval. The National Service Plan (NSP) must, amongst other things, indicate the type and volume of health and personal services to be provided by the Executive for the resources provided in its Vote. The NSP is focused on providing quantifiable data for planned service outputs for the inputs/resources being used. The NSP is monitored through a series of monthly and quarterly Performance Monitoring Reports submitted by the HSE which are examined by the Depart- ment. The quarterly reports in particular detail progress on all actions/deliverables that are included in the NSP. Expenditure by the HSE is monitored on an ongoing basis by the Depart- ment’s Finance Unit. The NSP also embeds more than 30 indicators/measures that can be used to assess the per- formance of the HSE in relation to the NSP. The 2008 HSE National Service Plan includes performance indicators, which will be reported to the Department quarterly, for each HSE region on;

• the number of notifications of child abuse or neglect; 816 Questions— 31 January 2008. Written Answers

• the number of assessments conducted following notifications;

• the number of children on waiting lists for assessments following notification of child abuse or neglect; and

• the average time spent on a waiting list for assessment following notification of child abuse or neglect.

Reporting against the above measures will be based upon the phased implementation of a standardised business process through the Childcare Information System project. High level quarterly service plan meetings are held between Department and HSE manage- ment teams to discuss progress on the implementation of the NSP and to raise and resolve significant issues. In addition to these formal arrangements there is ongoing contact and dia- logue between the various sections in the Department and the directorates in the HSE.

Cancer Screening Programme. 66. Deputy Ruairı´ Quinn asked the Minister for Health and Children if she plans to establish a national cancer screening register; if so, when; and if she will make a statement on the matter. [2710/08]

Minister for Health and Children (Deputy Mary Harney): The National Cancer Screening Service which amalgamates BreastCheck and the Irish Cervical Screening Programme (ICSP) was established on 1 January 2007 and will deliver both programmes nationally. This will maxi- mise the expertise in both programmes, ensure improved efficiency and develop a single governance model for cancer screening. The Service compiles a register of women eligible for screening from information supplied by the Department of Social and Family Affairs, General Medical Services and private health insurance providers. The Service also provides facilities for eligible women to self register to the programmes. The Health (Provision of Information) Act 1997 allows for the provision of information to the National Cancer Registry Board, the Minister for Health and certain Health Bodies, for the purposes of cancer screening programmes, and to provide for related matters. The National Cancer Screening Service has in place a register for both the breast and cervical screening programmes and under the Act can compile a register for any future screening programmes. The issue of population registers is currently being considered by my Department in the context of the preparation of the forthcoming Health Information Bill.

Hospital Waiting Lists. 67. Deputy Willie Penrose asked the Minister for Health and Children her views on statistics published in a newspaper (details supplied) which showed long waiting times for out-patients appointments for public patients; her plans to reduce these times; and if she will make a state- ment on the matter. [2709/08]

Minister for Health and Children (Deputy Mary Harney): The management of out-patient waiting lists is a matter for the Health Service Executive and the individual hospitals concerned. My Department has asked the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in relation to the details contained in the relevant newspaper article. I might add that in 2005, at my request, the National Treatment Purchase Fund (NTPF) set up an out-patient pilot programme. Under the programme 4,500 patients were provided with out- patient appointments in 2005. The following year 6,250 patients were provided and a further 10,672 in 2007. The NTPF expects to provide a further 13,500 out-patients appointments in 2008

Question No. 68 answered with Question No. 35. 817 Questions— 31 January 2008. Written Answers

National Drugs Strategy. 69. Deputy Jack Wall asked the Minister for Health and Children the number of drug detox beds available; if this number meets the demand for such facilities; the areas where such facili- ties are available; if, from a geographical point of view and for easy access the facilities meet the demand for such facilities; and if she will make a statement on the matter. [32595/07]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Services. 70. Deputy Seymour Crawford asked the Minister for Health and Children the discussions she has had with her counterpart in Northern Ireland regarding the use of hospital services in the border regions on a joint basis; if they have agreed the hospitals that are being considered or if cross border involvement will decide the best site for a hospital in the north east region; and if she will make a statement on the matter. [2295/08]

Minister for Health and Children (Deputy Mary Harney): I met with Mr. Michael McGimpsey, MLA, Minister for Health, Social Services and Public Safety in October and November last year to discuss a range of co-operation issues in the health sector, including hospital services. As both Health Departments have established a Project Board to take for- ward a Feasibility Study on the potential for future co-operation across a range of health service areas, it has been decided to await the outcome of that Study, before discussing any potential future action. It is expected that the Study will be completed in June/July this year. The hospital reconfiguration process in the North East is being overseen by a HSE Steering Group. A sub-committee of the Steering Group was established to progress the issue of site selection for the new regional hospital. Following a tendering process, the HSE appointed a firm of consultants to carry out an independent site location study. The HSE anticipates that the consultants’ report will be completed in February. I discussed with my counterpart the issue of North South co-operation in the Acute Hospitals in the North East. At official level some publicly available information on the profile of hospital services in Northern Ireland was provided by the Department of Health, Social Services and Public Safety to the HSE in order to assist the study. However, in the light of current acute hospital capacity and planned developments in the North, the two Departments agreed that the HSE should not assume any increase in patient flows across the Border when deciding on the preferred site of the new hospital.

Question No. 71 answered with Question No. 13.

Question No. 72 answered with Question No. 20.

Question No. 73 answered with Question No. 30.

Question No. 74 answered with Question No. 42.

Cancer Treatment Services. 75. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children if she has received a copy of the survey by the Irish Cancer Society and the Irish College of General 818 Questions— 31 January 2008. Written Answers

Practitioners showing that public patients have slower access to cancer care than private patients; and if she will make a statement on the matter. [2200/08]

Minister for Health and Children (Deputy Mary Harney): The Report ’Early Detection in Cancer: A Needs Assessment of General Practitioners’ was a joint study involving the Irish Cancer Society and the Irish College of General Practitioners. The aim of the study was to identify the barriers experienced by General Practitioners to early diagnosis of cancer in order to improve early detection, increase the number of patients diagnosed at an early stage and maximise potential for cure. The key findings of the study include a need for increased patient awareness, improved communications with hospitals, further education and clinical practice guidelines on identification of early stage cancer, appropriate investigative pathways and referral criteria for suspected cancer and identification and screening of ’high risk individuals’ and elimination of inequity between public and private patients. I am firmly of the view that cancer patients should be seen and treated solely on the basis of medical priority. The implementation of the National Cancer Control Programme will serve to ensure equity of access to services and equality of patient outcome. The recent decisions of the Health Service Executive (HSE) in relation to four managed cancer control networks and eight cancer centres will be implemented on a managed and phased basis. The Programme will identify gaps in the provision of existing services, address regional disparities in cancer treat- ment, and develop a national approach to timely access to diagnostic services for cancer. Prof. Keane, Director of the Programme, has already made significant progress in this regard. He has met with the President of the Irish College of General Practitioners and has received support for his plan to develop a national mechanism for referral of patients into the eight designated centres. In addition, the Lead Consultant Surgeons in the eight designated breast cancer centres have agreed to a common referral process for breast cancer and will institute policy changes in relation to follow up practice.

Care of the Elderly. 76. Deputy Kathleen Lynch asked the Minister for Health and Children if her Department has given consideration to alternative funding mechanisms for the care of older people in nursing homes instead of the proposal to include a portion of the value of the estate of such persons; and if she will make a statement on the matter. [2702/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): In January 2005, the Minister established an Interdepartmental Working Group on Long-Term Care. The Group was chaired by the Department of the Taoiseach and comprised senior officials from the Departments of Finance, Health and Children, and Social and Family Affairs. Its terms of reference included the identification of policy options for a financially sustainable system of long-term care. The Group reported to Government in January 2006. It also carefully considered and helped to develop the policy proposals for the new Nursing Home Support Scheme, A Fair Deal. The Minister has always highlighted that the fundamental objective of the new Fair Deal scheme is to address the inequities within the present arrangements for long-term residential care as a matter of urgency. However, in addition to that, in the recent partnership agreement, Towards 2016, the Government and the social partners agreed to further analysis on financially sustainable options for the future financing of all long-term care services; residential and com- munity-based. While working to put in the place the Fair Deal scheme, the Department has also already commenced work on the wider issue of financing of all long-term care services. 819 Questions— 31 January 2008. Written Answers

[Deputy Ma´ire Hoctor.] The Department hopes to progress this work through the aegis of the Interdepartmental Work- ing Group on Long-Term Care.

Health Service Staff. 77. Deputy Kieran O’Donnell asked the Minister for Health and Children if Health Service Executive front-line staff are being replaced while on maternity leave, leave of absence, long- term illness or retirement on a one-for-one basis; the number of staff positions that this involves, broken down by category; and if she will make a statement on the matter. [2553/08]

Minister for Health and Children (Deputy Mary Harney): Over 130,000 people work full- time or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other health care professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the health care needs of the popu- lation into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the require- ments of the Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Vaccination Programme. 78. Deputy Joanna Tuffy asked the Minister for Health and Children if her attention has been drawn to the fact that there is a waiting list for BCG vaccinations since October 2007, that there is currently no BCG vaccine available and that the Health Service Executive will not receive fresh stocks of vaccine until March 2008; and if she will make a statement on the matter. [2718/08]

Minister for Health and Children (Deputy Mary Harney): I understand from the Health Service Executive (HSE), that owing to regulatory difficulties being experienced by the manu- facturer of the BCG vaccine, there is a shortage of the vaccine throughout the country at present. This is a Europe wide problem as the manufacturer in question is the only company which supplies the vaccine to the European Market. I have been informed that the HSE is in regular contact with the supplier, and is doing all it can do to ensure delivery of the vaccine at the earliest possible juncture. Unfortunately, it is not possible to stockpile the vaccine in advance as it has a very short shelf life. It is anticipated that the HSE will receive fresh stocks of the vaccine in March.

Health Service Staff. 79. Deputy Willie Penrose asked the Minister for Health and Children if her Department continues to require its approval for senior administrative posts in the Health Service Execu- tive; the number of such posts approved in 2007; the number to date in 2008; and if she will make a statement on the matter. [2708/08]

Minister for Health and Children (Deputy Mary Harney): Under the terms of the Employ- ment Control Framework introduced in December 2006, the HSE is required to obtain the 820 Questions— 31 January 2008. Written Answers prior approval of my Department and the Department of Finance for the filling of posts at Grade VIII and above. The number of posts approved in 2007 was 18 and this year the figure so far is 4.

80. Deputy Jan O’Sullivan asked the Minister for Health and Children if her attention has been drawn to Circular 01/2008 of the Health Service Executive and the concern this circular is causing due to the restrictions it places on the filling of vacancies in the health services; and if she will make a statement on the matter. [2726/08]

Minister for Health and Children (Deputy Mary Harney): It is very important that measures are in place in 2008 to avoid a repetition of the budgetary difficulties encountered by the HSE in 2007. In my letter to the Chairman of the HSE approving the 2008 National Service Plan, I have emphasised that the evident links between the Voted allocation, approved employment levels and service activity — within the HSE itself and in HSE funded agencies such as the major voluntary hospitals — need to be planned and actively managed from the very start of the year with appropriate action being taken in the event of any divergence from profile. In this regard, I understand that, under the Circular 01/2008, Area Employment Monitoring Groups have been established in each of the 4 administrative areas to ensure that monthly reports in respect of new or replacement staff being entered onto the payroll are rigorously assessed to determine whether any remedial action is necessary to ensure services are operated fully within budget. I understand that essential posts in front-line services would be prioritised in this process. It is only through the integrated and managed approach as set out in Circular 01/2008 that the HSE will be able to ensure that resources for services (including staffing) are directed as intended by Government.

Cancer Screening Programme. 81. Deputy Brian O’Shea asked the Minister for Health and Children the time frame for the roll-out of cervical cancer screening; the funding that has been set aside in 2008 for same; and if she will make a statement on the matter. [2707/08]

Minister for Health and Children (Deputy Mary Harney): The National Cancer Screening Service is planning to roll out the National Cervical Screening Programme on a national basis around the middle of this year. Women aged 25 to 44 years old will be screened every 3 years; women aged 45 to 60 will be screened every 5 years. The Service will be available free of charge to all eligible women. Approximately 230,000 women will be screened annually, assuming an 80% take up by eligible women. All elements of the programme, call/recall, smear taking, laboratories, colposcopy and treat- ment services will be quality assured, organised and managed to deliver a single integrated national service. The Service is in the process of procuring quality assured internationally accredited laboratory capacity. The laboratories will be required to meet turnaround times of ten working days. This process is due to be completed by end March. In terms of smeartaker capacity, the Service completed a stakeholder consultation process in November 2007 and pub- lished a draft smeartaker contract for consultation in the first week of January this year. This consultation process will end on 28 February next and the actual smeartaker contract will be published shortly thereafter. The programme will be based on a turnaround time of four weeks for smear testing. The Service is also carrying out a baseline quality audit of existing clinical colposcopy services in the State to establish their fitness for purpose in the context of a national cervical screening programme. 821 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.]

Additional revenue funding of \5.0m was allocated to the Service in 2007 for the roll-out of the programme and an additional \15.0m has been allocated in 2008. An additional 30 posts have been approved to facilitate integration and roll-out of the programme.

Hospital Services. 82. Deputy Denis Naughten asked the Minister for Health and Children the plans for the development of services at Roscommon County Hospital; and if she will make a statement on the matter. [2307/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

83. Deputy Denis Naughten asked the Minister for Health and Children the plans for the reconfiguration of services at Roscommon County Hospital; and if she will make a statement on the matter. [2306/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Service Expenditure. 84. Deputy Richard Bruton asked the Minister for Health and Children if she is satisfied with the effectiveness of spending in the health area; and if he has plans to improve scru- tiny. [2123/08]

Minister for Health and Children (Deputy Mary Harney): I have continued to emphasise to the Health Service Executive (HSE) the need to secure greater value for money and cost effectiveness from the HSE core funding. The National Service Plan (NSP) sets out strategic objectives, cost containment initiatives, value for money and productivity reviews to progress the development and delivery of greater efficiencies in 2008 and beyond. An extensive Value for Money Programme is planned, targeting to deliver significant cost reductions in 2008.

Flood Relief. 85. Deputy Joanna Tuffy asked the Ta´naiste and Minister for Finance the position regarding the implementation of the recommendations of the Flood Policy Review Group; and the recom- mendations of the Report of the Flood Policy Review Group that have to date been implemented. [2931/08]

86. Deputy Joanna Tuffy asked the Ta´naiste and Minister for Finance the position regarding the development of River Basin Flood Risk Management Plans as recommended by the Flood 822 Questions— 31 January 2008. Written Answers

Policy Review Group; and the steps that have been taken by his Department to ensure these plans are underway. [2932/08]

87. Deputy Joanna Tuffy asked the Ta´naiste and Minister for Finance the steps that have been taken by his Department to reorganise structures and responsibility for flooding as recom- mended and outlined in the Flood Policy Review Group. [2933/08]

88. Deputy Joanna Tuffy asked the Ta´naiste and Minister for Finance the works that have been carried out since 2000 under the flood relief programme. [2935/08]

89. Deputy Joanna Tuffy asked the Ta´naiste and Minister for Finance the works to be carried out in 2008, 2009 and 2010 under the flood relief programme. [2936/08]

90. Deputy Joanna Tuffy asked the Ta´naiste and Minister for Finance the steps that have been taken by his Department on foot of the recommendations in the Flood Policy Review Group for funding and resources to be provided to MET E´ ireann in respect of information technology infrastructure and hydrological modelling. [2937/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): I propose to take Questions Nos. 85 to 90, inclusive, together. The Government has assigned responsibility as lead Agency for the implementation of its policy in respect of flood risk management to the Office of Public Works as recommended by the review group. The policy being pursued is fully in line with the recommendations of the review group. The provision for flood risk management in the National Development Plan 2007-2013 is \382m. The provision for this year is \50m. Expenditure last year amounted to \23.115m. In addition to the capital provision, there is a provision in the OPW vote in 2008 of \22m for Channel maintenance and other work programmes. The Department of Finance sanctioned the appointment of an additional 30 staff to enable the Office of Public Works to implement the recommendations of the report. The process of filling these posts is complex and is ongoing. OPW is pro actively developing a range of non-structural measures to mitigate the effects of existing flood risk and to prevent the creation of future flood risk. A website, www.floodmaps.ie, which shows details of records of flooding throughout the State for more than 100 years has been developed and is accessible to the public. Planning Authorities are in a position to access more detailed information in relation to flood risk through the website. Measures taken to date to raise the general level of public awareness of flooding as an issue include running a number of public awareness campaigns including the distribution of an information booklet and the setting up of a website www.flooding.ie, which contains infor- mation and advice under the headings Plan, Prepare, Protect. OPW was actively involved, in co-operation with the Department of the Environment, Heri- tage and Local Government, in the negotiation of the EU Floods Directive and will continue to be responsible in co-operation with the Department for the implementation of the Directive. Pilot Catchment Flood Risk Assessment and Management Studies [CFRAMS] are currently in progress in respect of the Rivers Lee, Dodder and Suir Catchments. Tenders are currently being sought for the Finglas/East Meath Flood Risk Assessment and Management Study. Pro- gress on this programme is ahead of the requirements of the EU Directive, which requires that CFRAMS for all River Basins be completed by 2015. 823 Questions— 31 January 2008. Written Answers

[Deputy Noel Ahern.]

A project to update the hydrometric and hydrological methodologies and data used by engin- eers and designers, is at an advanced stage and will be completed and published this year. OPW has also carried out a review of it’s own hydrometric stations to ensure that adequate data will be available in the future, to monitor flood risk and to inform decision making where action may be required in response to evidence of increased risk. OPW is working with the Department of the Environment, Heritage and Local Government and the Department of Agriculture Fisheries and Food, to develop a guidance document on the consideration of flood risk in the planning and development process. OPW is also working with the Department of the Environment, Heritage and Local Govern- ment to develop a guidance document outlining best practise in respect of the emergency management of a flood event. OPW has initiated a review of the legislation under which it currently deals with flood risk management issues to determine what changes may be necessary to enable it to discharge the full range of its responsibilities in the future. OPW is examining the criteria and processes that will be required to enable rivers, channels and flood defence assets to be designated for future maintenance where it is considered appro- priate on economic, social or environmental grounds to do so. All of OPW’s major structural flood relief schemes are currently subjected to Cost Benefit Analysis. OPW has developed draft prioritisation criteria to enable it to prioritise between different elements of its work programme to make best use of staff, financial or other resources. The process of striking the right balance between economic, social, environmental and other considerations is extremely complex and further research is needed before this work is com- pleted. It is expected that this task will be concluded this year. OPW has established an Environmental Unit within the Engineering Services Division to advise in relation to the environmental considerations arising from its structural and non struc- tural work programmes and to assist in ensuring that the best environmental options are selec- ted, and where possible, environmental enhancement measures are incorporated in flood risk management measures. OPW has established a high level steering committee to co-ordinate the implementation of its flood management work programme. Met E´ ireann are represented on the committee. The possibility of OPW providing assistance to Met E´ ireann to help improve flood forecasting has been discussed but no specific measures have been identified to date. OPW is also engaged in a programme of structural flood relief measures to alleviate existing flooding problems. The following flood relief works have been completed or are in progress since 2000 under the flood relief programme:

• Mulkear River, Cappamore, Co. Limerick

• Bridgend, Co. Donegal

• Maam Valley, Co. Galway

• Shinkeen Stream, Hazelhatch, Co. Kildare

• Bandon River, Dunmanway, Co. Cork

• Suir River, Carrick-on-Suir 824 Questions— 31 January 2008. Written Answers

• River Nore, Kilkenny • Limerick (Harry’s Mall) • Limerick (Clancy Strand) • River Tolka (Meath, Fingal and Dublin) • Munster Blackwater Mallow • River Suir (Clonmel) • Rye River, Leixlip • River Dodder • New Ross • Spencer Dock

The first phase of Flood Relief Schemes for Ennis, Clonmel, Carlow, Mallow and Fermoy are at varying stages of the tender process at present and will commence this year. Detailed Design work on subsequent phases of these schemes will commence this year and it is anticipated that construction of schemes will commence in 2009 / 2010. Flood Relief Schemes for Waterford, Woodford and the Dunkellin river and Mornington are at an advanced stage of design and it is anticipated that work on these schemes will also commence this year. Flood Relief Schemes for Templemore, Raphoe, Letterkenny, River Liffey (South Quays), Enniscorthy, Tullow, Bray, Arklow, Portarlington, Piltown, and Tullamore are at various stages of the design process. While it is too early at this stage to say when work on site will commence, it is anticipated it will be possible to commence work on most of these projects in 2009 or 2010. In addition to the works listed above OPW is also engaged in assisting Local Authorities though the provision of advice, funding or the execution of works as appropriate in each case, to deal with localised flooding problems where economic, social and environmental considerations support such measures. OPW also maintains an extensive network of watercourses, which were improved under the Arterial Drainage Act 1945, to maintain them in proper repair and effec- tive condition. There is considerable evidence that this contributes to the prevention of flooding in areas drained by these watercourses.

Tax Code. 91. Deputy Joan Burton asked the Ta´naiste and Minister for Finance the number of DIRT- exempt bank accounts that have been established during each of the years 2005, 2006 and 2007; and if he will make a statement on the matter. [2864/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): Up to 2006, DIRT was deducted from a customer’s deposit interest regardless of whether or not the customer was actually liable to tax. At the end of each year some account holders, provided they met certain conditions, were entitled to claim a refund from Revenue of any DIRT deducted during the year. Section 34 of the Finance Act 2007 introduced a new scheme to allow the operation of DIRT exempt savings accounts subject to two conditions: the account holder must be aged 65 years of age or over or be permanently incapacitated and their total income must not exceed the relevant exemption threshold, i.e. in 2007 \19,000 (for an individual) or \38,000 (for a mar- ried couple). 825 Questions— 31 January 2008. Written Answers

[Deputy Brian Cowen.]

Provisional figures show that in 2007, 39,201 such accounts were operated. These figures will increase as the remaining financial institutions file returns for 2007. Such accounts were not operated before 2007.

92. Deputy Joan Burton asked the Ta´naiste and Minister for Finance his views on the intro- duction of tax relief on fees paid to property management companies in the Finance Bill 2008; and if he will make a statement on the matter. [2865/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The Finance Bill will be published at 14:00 today and it is not the practice to comment on it, one way or another, before it is presented to the Da´il.

Garda Stations. 93. Deputy Pat Breen asked the Ta´naiste and Minister for Finance further to Parliamentary Question No. 115 of 6 November 2007, if all legal matters relating to the agreement for a Garda station (details supplied) in County Clare have been finalised; when An Garda Sı´ocha´na will be taking possession of the premises; and if he will make a statement on the matter. [2896/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): All work pertaining to this Lease Agreement has been completed by the Commissioners of Public Works. All final fit-out works have been completed by the Landlord this week. The Chief State Solicitor awaits a final closing document from the Landlord’s Solicitor. The Landlord was contacted directly by the Commissioners and has agreed to furnish this document. Following receipt of this document by the CSSO the Commissioners will then be legally entitled to take possession of this premises. Hand-over to An Garda Sı´ocha´na will follow and is imminent.

Tax Code. 94. Deputy Finian McGrath asked the Ta´naiste and Minister for Finance if he will advise on a query from a person (details supplied). [2900/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): From the details supplied by the Deputy, it is not possible for the Revenue Commissioners to comment on the actual case. However, the general position is as follows. Tax relief at source (TRS) is granted on a secured loan used for the purchase, repair, development or improvement of a principal private resi- dence. I am advised by the Revenue Commissioners that an individual wishing to register for TRS on mortgage interest payments should complete the relevant form TRS1 available at www.revenue.ie and return it to Revenue. Alternatively, an individual can register online at www.revenue.ie/trs 1. To claim relief for previous years’ interest payments, an individual must complete a TRSP form which is available from Revenue online at www.revenue.ie and return it to Revenue. I should point out that relief for the current year and the previous four years are only eligible for relief. Any interest paid before 1 January 2004 is no longer eligible for relief.

95. Deputy Sea´n Connick asked the Ta´naiste and Minister for Finance if his attention has been drawn to the fact that the price of fuel accounts for one third of the gross profit of a fishing vessel; if he will cap the amount of VAT paid on a litre of fuel for fishing vessels. [2914/08]

826 Questions— 31 January 2008. Written Answers

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The position is that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. Under the VAT Directive, Member States can only apply the standard VAT rate to fuel. In Ireland the standard VAT rate is 21%. Any reduction VAT paid on a litre of fuel for fishing vessels would have to apply to all goods and services subject to the standard VAT rate. For example, a one percentage reduction in the standard VAT rate would cost the Exchequer approximately \483 million in a full year and make little or no difference to the price of fuel for fishing vessels. In relation to capping the amount of VAT paid on a litre of fuel for fishing vessels, the EU VAT Directive sets out the method through which VAT must be calculated which has been transposed from the VAT Directive by section 10 of the Value Added Tax Act 1972 as follows: “...the total consideration which the person supplying goods or services becomes entitled to receive in respect of or in relation to such supply of goods or services, including all taxes, commissions, costs and charges whatsoever, but not including value-added tax chargeable in respect of the supply”. Consequently, EU VAT law does not permit a capping of the amount of VAT paid in respect of any good as proposed by the Deputy.

96. Deputy Ro´ isı´n Shortall asked the Ta´naiste and Minister for Finance if disability allow- ance is a taxable payment; if additional income from rehabilitative work is liable to income tax; and if he will examine the case of a person (details supplied) in Dublin 11. [2923/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I have been advised by the Revenue Commissioners that disability allowance is not taxable. The additional income from rehabilitative work earned by the person is, in general, taxable. However, the tax credits to which the person is entitled exceed any liability on this income and based on their current level of income they are not liable to tax. The taxpayer has not paid any income tax over the past four years.

Health Services. 97. Deputy Alan Shatter asked the Minister for Health and Children the number of separated children seeking asylum who arrived in the State in each of the years 2000 to 2007; the number of such children who were reunited with their families; the numbers who are currently provided by the State with accommodation in accommodation centres; the address of such centres; and the number of such children whose whereabouts are unknown. [2854/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Mental Health Services. 98. Deputy Alan Shatter asked the Minister for Health and Children the dedicated services presently in place for children aged 16 years and over who require in-patient psychiatric hospital treatment; the action proposed to be taken to put in place essential services; and the timeframe involved. [2783/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Mental Health Act 2001, which has been implemented in full since 1 November 2006, recognises 827 Questions— 31 January 2008. Written Answers

[Deputy Jimmy Devins.] 16 and 17 year olds as children, whereas under the Mental Treatment Act 1945, this age group was treated as adult. “A Vision for Change” provides a framework of 7-10 years for the development of mental health services, including services for children and adolescents. It makes a number of recom- mendations for the development of these services including the recruitment of 40 additional child and adolescent community mental health teams and the provision of four 20 bed units. Implementation of these recommendations is the responsibility of the Health Service Executive. A total of \11.2 million revenue funding has been provided to the HSE over 2006 and 2007 for the development of child and adolescent services. At the end of 2007, there were 47 child and adolescent mental health teams in place and 12 child and adolescent beds for children under 16 years. In 2008 the HSE plan to recruit 8 additional child and adolescent mental health teams and commission 18 additional beds for children and adolescents, 14 of which will be for children over 16 years. Construction of two 20 bed units in Cork and Galway is also expected to commence in 2008.

Child Protection. 99. Deputy Alan Shatter asked the Minister for Health and Children the action taken to date to extend social work services provided to families and children at risk to a seven day 24 hour service as recommended by the Committee on the Rights of the Child in its second periodic report adopted on 29 September 2006 reviewing Ireland’s compliance with its international obligations under the UN Convention on the Rights of the Child. [2784/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): As the Deputy is aware this matter relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. In October the Management Team of the Health Services Executive adopted the report of a National Working Group, set up in 2006 to examine out of hours Child Protection Services. The report was subsequently submitted to the Department of Health and Children for con- sideration. The Department through the Office of Minister for Children is working with the HSE to see how best resources to address the social work out of hours service can be provided as a service requirement within the overall social work services provided by the HSE.

Children in Care. 100. Deputy Michael Ring asked the Minister for Health and Children the reason there is not a special provision in place here for children in foster care who have special needs or difficulties; the plans the Health Service Executive have to do this; and the funding that has been put in place to do same. [2460/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Child Abuse. 101. Deputy Alan Shatter asked the Minister for Health and Children the number of reports 828 Questions— 31 January 2008. Written Answers received by the Health Service Executive in 2006 and separately in 2007 relating to child abuse or neglect; the number of children in respect of whom such reports were received within each area of the Health Service Executive’s administration in respect of each year; the number of such reports fully investigated to date and the number of such reports awaiting investigation; and the average time delay in respect of each year within each area administered by the HSE between the receipt of any such report and a visit by a HSE social worker or other professional personnel to commence investigating or assessing the risk, posed to the children concerned. [2776/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

102. Deputy Alan Shatter asked the Minister for Health and Children the number of children within each area administered by the Health Service Executive in respect of whom there are currently reports of abuse or neglect where no investigation or assessment has commenced by the HSE; the number of children so affected in respect of whom such reports were received over three months ago in each such area; and the steps being taken to ensure a speedier response to such reports and the proper protection of children at risk. [2777/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services. 103. Deputy Alan Shatter asked the Minister for Health and Children the arrangements made by the Health Service Executive to provide accommodation for separated children seek- ing asylum; the steps that have been taken in the past 12 months to ensure the adequacy of the care provided in view of the concerns expressed by the Ombudsman for Children; and the services in place to ensure that adequate standards are maintained with properly trained care staff in the accommodation provided whether it is public or private. [2778/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Child Care Services. 104. Deputy Alan Shatter asked the Minister for Health and Children the provisions in legislation enacted by the Houses of the Oireachtas in relation to children’s legislation which have not been brought into operation; the reason for the delay; when it is intended to bring such provisions into operation; and the action proposed in this regard. [2779/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): In reply I wish to advise as follows with regard to childrens’ legislation (i) Part IVA of the Child Care Act 1991, as inserted by the Children Act 2001, which allows Special Care cases to be 829 Questions— 31 January 2008. Written Answers

[Deputy Brendan Smith.] dealt with at District Court level, is commenced but is not operational. My Office is drafting a bill to amend Part IVA of the Child Care Act 1991 to provide a statutory scheme for the High Court to have exclusive original jurisdiction to hear Special Care cases. The Heads of this bill were approved by the Cabinet and the drafting of legislation is proceeding. (ii) Sections 5 to 13 of the Child Care (Amendment) Act 2007, which amended Part VII of the Child Care Act 1991, enabled regulations to be made which would allow school age childcare services to be brought within the 1991 Act on the same basis as pre-school child care services. Arrangements to allow commencement of these provisions are being examined.

Child Abuse. 105. Deputy Alan Shatter asked the Minister for Health and Children the number of com- plaints made in each of the years 2000 to 2007 inclusive of sexual or physical abuse of children in the care of the State during the aforesaid years; the agency to which such complaints were made; the procedures in place to promptly respond to such complaints; the investigations con- ducted into such complaints; the outcome of such investigations; and the action taken. [2780/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

106. Deputy Alan Shatter asked the Minister for Health and Children the mechanisms put in place by the Health Service Executive to investigate complaints of alleged physical or sexual abuse of children presently in the care of the State; the steps taken by the HSE to publicise contact points in respect of any such service; and the number or personnel employed in such service, their qualifications, training and location. [2781/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services. 107. Deputy Billy Timmins asked the Minister for Health and Children the position is in relation to a person (details supplied) in County Wicklow; if they can have a scan as a matter of urgency; and if she will make a statement on the matter. [2793/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services. 108. Deputy Jack Wall asked the Minister for Health and Children the reason a domiciliary 830 Questions— 31 January 2008. Written Answers care allowance has not been awarded to persons (details supplied) in County Carlow; and if she will make a statement on the matter. [2794/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

109. Deputy Jack Wall asked the Minister for Health and Children further to Parliamentary Question No. 218 of 27 November 2007, the alternatives available to a person to obtain trans- port to Tullamore General Hospital for treatment as the previous reply to the stated question is incorrect in that there is no bus service that is suitable to the needs of the applicant to attend the clinic at the stated times and in view of the fact that the person is a cancer patient; and if she will make a statement on the matter. [2796/08]

Minister for Health and Children (Deputy Mary Harney): My Department has made enquir- ies with the Health Service Executive (HSE) and has been advised that a reply to the Deputy’s question of 27 November 2007 in this matter issued to him on 19th December. The reply indicated the HSE’s position in relation to provision of patient transport services in the Kildare area and also advised regarding the public bus service between Athy and Tullamore. My Department has requested the Parliamentary Affairs Division of the HSE to arrange to have the matter re-investigated to see if any further assistance can be offered to the person and to have a reply issued directly to the Deputy.

Hospital Services. 110. Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive a date for surgery at Tullamore General Hospital; and if she will make a statement on the matter. [2797/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Question No. 111 answered with Question No. 42.

Inter-Country Adoptions. 112. Deputy Billy Timmins asked the Minister for Health and Children the situation regard- ing a protocol with Belarus with respect to the adoption of children in relation to the points raised in reply to Parliamentary Question No. 141 of 24 October 2007; and if she will make a statement on the matter. [2808/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The position with respect to the draft protocol regarding intercountry adoptions from Belarus remains unchanged. 831 Questions— 31 January 2008. Written Answers

[Deputy Brendan Smith.]

As the Deputy will be aware, the Adoption Board entered into an informal working arrange- ment with Belarus in 1999, to facilitate the adoption of children from Belarus to Ireland. In 2005, the Belorussian Authorities sought to formalise this arrangement in a draft Protocol. The Adoption Board referred this draft Protocol to the Attorney General’s Office, and were advised that it was not compatible with Irish law as it contained terms which conflict with the Consti- tution of Ireland. Unfortunately legal advices preclude agreement by Ireland on the terms which are being required by Belarus. Due to Constitutional difficulties an agreement with Belarus is very unlikely and, in that light, negotiations have concluded. I appreciate very much that this is disappointing for the prospective adoptive parents involved. However, the authorities in Belarus, as in all “sending” States, must retain the absolute prerogative with regard to what children may be adopted, and what requirements must be satisfied to ensure children’s best interests have been central to any decision regarding their placement and adoption at home or abroad. The Deputy will appreciate this is the same prerogative and minimum standard we require within the Irish State in respect of Irish children being placed for adoption in Ireland.

Nursing Homes Repayment Scheme. 113. Deputy Phil Hogan asked the Minister for Health and Children when a decision will be made and payment approved under the health repayment scheme to a person (details supplied) in County Carlow; and if she will make a statement on the matter. [2815/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Medical Education. 114. Deputy Ruairı´ Quinn asked the Minister for Health and Children if the new graduate medical programme at the University of Limerick, leading to the degrees of Bachelor of Medi- cine and Bachelor of Surgery, entitles a graduate to automatic registration as a registered medical practitioner under the Medical Practitioners Act (details supplied) in the same way as those with such degrees from the NUI and the University of Dublin have an automatic entitle- ment; if not if there are proposals for the Medical Council to extend such recognition to the course at Limerick University; if the university or the students currently enrolled are aware of the present situation; and if she will make a statement on the matter. [2825/08]

Minister for Health and Children (Deputy Mary Harney): No medical graduate from any Irish university is entitled to automatic registration as a medical practitioner. All graduates have to successfully complete an internship of one year before they can register. The graduate entry programme at the University of Limerick is accredited by the Medical Council. This accreditation is provisional as it is the Council’s policy that full accreditation is not given to any programme until a cohort of students have completed the programme. The Medical Council will be monitoring the University of Limerick’s programme as it rolls out and obtaining the views of students is a key part of this review process. The University of Limerick is fully aware of the accreditation situation.

832 Questions— 31 January 2008. Written Answers

Hospital Staff. 115. Deputy Ruairı´ Quinn asked the Minister for Health and Children if she proposes to introduce changes to the current statutory and contractual definition of hospital consultant as meaning a registered medical practitioner who, by reason of their training, skill and experience in a designated speciality, is consulted by other registered medical practitioners and undertakes full clinical responsibility for patients in their care, without supervision in professional matters by any other person; the implications of the definition on her proposals to introduce a consult- ant delivered rather than a consultant led hospital service; and if she will make a statement on the matter. [2827/08]

Minister for Health and Children (Deputy Mary Harney): Negotiations with the Irish Hospital Consultants Association on a new medical consultants contract were successfully con- cluded on 25 January 2008. The issue of the role and definition of a consultant was the subject of detailed discussion during negotiations. Agreement was reached on the terms and conditions from which an employment contract for consultants will now be drafted. The agreement will enable the HSE to recommence its consultant recruitment programme and will facilitate the implementation of Government policy to increase substantially the number of consultants in the public health services in order to re-balance the ratio between consultant and non-consultant hospital doctors and to move to a consultant delivered service, where patients in public hospitals will be seen and treated by a consultant.

Medical Education. 116. Deputy Ruairı´ Quinn asked the Minister for Health and Children if she proposes to introduce legislation to remove from the Irish Medical Council its power to prescribe the stan- dards of education and training for specialist medical qualifications; if she proposes in this or some other way to reduce the current lengthy training process for higher and specialist medical qualifications; if she proposes that practitioners applying for the anticipated 2,000 new posts required to provide a consultant delivered rather than a consultant led hospital service will need to have completed the current requirements for recognised higher specialist training before applying for these positions; if not, the location where the applicants for those posts are expected to come from; and if she will make a statement on the matter. [2828/08]

Minister for Health and Children (Deputy Mary Harney): The Medical Practitioners Act 2007 provides for specific functions in relation to medical education and training to be assigned to the Medical Council and to the Health Service Executive (HSE). In this context, the Act provides that the Medical Council will work in association with the recognised training bodies regarding the prescribing of standards for specialist medical qualifications. Arrangements for the recruitment of new consultant posts will be a matter, in the first instance, for the HSE. In the context of the current agreement on a new consultant contract, I will be requesting the HSE to engage with the appropriate bodies including the Public Appointments Service with a view to expediting the training, recruitment and appointment processes for consultants.

Health Services. 117. Deputy Sea´n Sherlock asked the Minister for Health and Children if there are plans to consolidate all Health Service Executive services in Mallow, County Cork, to a single location in view of the services currently being split between four separate buildings; and if she will make a statement on the matter. [2829/08]

833 Questions— 31 January 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services. 118. Deputy Sea´n Sherlock asked the Minister for Health and Children the number of people awaiting an MRI scan at all Cork County hospitals; and if she will make a statement on the matter. [2835/08]

120. Deputy Sea´n Sherlock asked the Minister for Health and Children the number of people awaiting an MRI scan at all Cork hospitals; and if she will make a statement on the matter. [2837/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 118 and 120 together. Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Service Staff. 119. Deputy Sea´n Sherlock asked the Minister for Health and Children the management reporting structure of Mallow General Hospital to Cork University Hospital compared to that of Bantry General Hospital; if BGH has an autonomous management structure; the reason the CT scanner, which is fully operational at BGH, is not operational in Mallow; and if she will make a statement on the matter. [2836/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Question No. 120 answered with Question No. 118.

Health Services. 121. Deputy Joan Burton asked the Minister for Health and Children the number of home- care packages that have been distributed in each local Health Service Executive area in the Dublin region from the beginning of 2007 to date in 2008; the cost of same; and if she will make a statement on the matter. [2866/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- 834 Questions— 31 January 2008. Written Answers tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Question No. 122 answered with Question No. 32.

Medical Aids and Appliances. 123. Deputy Michael McGrath asked the Minister for Health and Children if a specific aid can be provided to a person (details supplied) in County Cork. [2882/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Accommodation. 124. Deputy Michael McGrath asked the Minister for Health and Children the criteria used by the Health Service Executive in selecting which private nursing homes host public contract beds. [2883/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services. 125. Deputy Michael McGrath asked the Minister for Health and Children the specific plans that will be put in place to fully implement the 10 recommendations (details supplied) in the annual report of the Health Service Executive South Orthodontic Service, Cork/Kerry 2007 in view of the fact that the deficits in service provision in Cork and Kerry identified in the report. [2884/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

126. Deputy Finian McGrath asked the Minister for Health and Children if persons (details supplied) in Dublin 9 will be assisted. [2899/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this matter investigated and to have a reply issued directly to the Deputy. 835 Questions— 31 January 2008. Written Answers

Nursing Homes. 127. Deputy Finian McGrath asked the Minister for Health and Children if she will investi- gate amending the definition of nursing home in the Nursing Homes Act 1990 to also apply to a class of institution which would specially include a cystic fibrosis unit. [2901/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): There are currently no plans to amend the definition of nursing homes in the Nursing Homes Act 1990.

Hospital Accommodation. 128. Deputy Sea´n Connick asked the Minister for Health and Children the reason the McCauley Ward, National Rehabilitation Hospital, Dun Laoghaire is closed; and when it will re-open. [2916/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospitals Building Programme. 129. Deputy Sea´n Connick asked the Minister for Health and Children the dates for the commencement of construction, completion of construction and opening of the new 250 bed hospital at the National Rehabilitation Hospital, Dun Laoghaire. [2917/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

130. Deputy Sea´n Connick asked the Minister for Health and Children if sufficient current funding will be provided to allow all units in the new 250 bed hospital at the National Rehabili- tation Hospital, Dun Laoghaire to open upon completion of construction. [2918/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Services. 131. Deputy Sea´n Connick asked the Minister for Health and Children if a set national criteria is in operation for the cancellation of medical operations. [2919/08]

132. Deputy Sea´n Connick asked the Minister for Health and Children the criteria in oper- ation for the cancellation of medical operations. [2920/08] 836 Questions— 31 January 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 131 and 132 together. Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. This includes the monitoring of elective activity in each acute hospital. The National Hospitals Office (NHO) of the HSE is responsible for the collection and publi- cation of performance data on acute hospitals nationally including information on cancellation rates. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Question No. 133 answered with Question No. 35.

Departmental Reports. 134. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which the policy of her Department in the future is expected to be influenced by the various reports commissioned by her Department over the past 10 years such as the 10 year plan, The Brennan Report and The Hanly Report; if it is intended to adopt all of the recommendations; the recommendations that are not expected to be adopted; and if she will make a statement on the matter. [2967/08]

Minister for Health and Children (Deputy Mary Harney): As part of the ongoing roll out of the Health Reform Programme, my Department is responsible for overall organisational, legislative, policy and financial accountability for the health sector. The Health Service Execu- tive (HSE) was established in January, 2005 and is responsible for the management and delivery of health and personal social services. Policy for the delivery of health services is concerned with development of health services in all regions of the country, capable of providing safe, high-quality services that achieve the best possible outcomes for patients whether in primary care settings or when accessing a hospital service. My Department is informed by a broad range of strategy documents and associated policies to guide it in that work. The Health Reform Programme comprehends Quality and Fairness — The National Health Strategy, The Primary Care Strategy as well as the Prospectus, Brennan and Hanly reports. These reports are guiding the future of the health service in that they lay out the overall direction for the major changes in the health services and how they should be addressed and delivered. Under the Health Act, 2004, a core responsibility of the Department is that of holding the HSE to account in relation to its financial performance and performance of service delivery, as well as the effective implementation of Government policies. A number of Expert Advisory Groups (EAGs) have also been established by the HSE and are located within its organis- ational structure in order to provide strategic leadership and expertise in the development and interpretation of national policy, strategies and service design in the delivery of health and personal social services. The EAGs are made up of a wide range of health professionals and will verify compliance with policy and legislation, monitor appropriate resource utilisation and ensure national consistency in implementation and service delivery. Another contributor to policy development in the delivery of health services is the Health Information and Quality Authority (HIQA). HIQA will undertake health technology assess- 837 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.] ments and will evaluate information on health and social services and the health and welfare of the population, and advise the Minister and the HSE on these issues. Government policy in relation to health will continue to be guided by various strategic and policy documents and the recommendations which they contain, while taking into account the growing evidence base nationally and internationally on best practice in healthcare, and the requirement that the patient and their needs be at the centre of service development.

Question No. 135 answered with Question No. 20.

Question No. 136 answered with question No. 15.

Health Services. 137. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which she has given consideration to the upgrading of health centres with a view to extending the scale of services available and in order to reduce pressure on outpatient and accident and emergency services at hospitals; and if she will make a statement on the matter. [2970/08]

Minister for Health and Children (Deputy Mary Harney): The Primary Care Strategy aims to increase health service capacity through the development of services in the community to give people direct access to integrated multi-disciplinary teams of general practitioners, nurses, home helps, physiotherapists, occupational therapists and others. It has been estimated that up to 95% of people’s health and social services needs can be properly met within a primary care setting and the establishment of new Primary Care Teams can contribute greatly to enhancing community based health services. The provision of the appropriate infrastructure to facilitate the delivery of primary care services is being considered by the HSE, having regard to a number of factors. These include the type and configuration of the services involved, the mixed public/private nature of our health system, the suitability of existing infrastructure and the capital requirements of the health services generally over the coming years. I understand that the HSE has recently sought expressions of interest from the private sector for the provision of the Primary Care Team infrastructure, with the HSE proposing to enter into fixed term leases with such providers. As the Health Service Executive has the operational and funding responsibility for Primary Care services, it is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Questions Nos. 138 and 139 answered with Question No. 64.

Care of the Elderly. 140. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which elderly patients have suffered from accidental falls in hospital in the past 12 months; the action taken to address this issue; and if she will make a statement on the matter. [2973/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy. 838 Questions— 31 January 2008. Written Answers

Health Service Staff. 141. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of agency nurses currently employed here; the requirement in nursing posts to be filled; when these posts are expected to be filled; and if she will make a statement on the matter. [2974/08]

Minister for Health and Children (Deputy Mary Harney): The numbers of doctors, nurses and other healthcare professionals employed in the public health system have increased signifi- cantly in recent years, in tandem with the high level of investment in the development in new services. In December 2007, a revised employment ceiling for the health service of 108,291 expressed in whole time equivalents was sanctioned, representing an increase of 291 over the December 2006 approved ceiling and 10,741 over that approved at the end of 2005. There has also been a substantial expansion of training places available at undergraduate level across a range of healthcare professions in order to ensure an ongoing supply of personnel in sufficient numbers for our health services into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the require- ments of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Staff. 142. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of nursing, medical and consultancy posts to be filled at the present time; the plans to fill these posts; and if she will make a statement on the matter. [2975/08]

Minister for Health and Children (Deputy Mary Harney): The numbers of doctors, nurses and other healthcare professionals employed in the public health system have increased signifi- cantly in recent years, in tandem with the high level of investment in the development in new services. In December 2007, a revised employment ceiling for the health service of 108,291 expressed in whole time equivalents was sanctioned, representing an increase of 291 over the December 2006 approved ceiling and 10,741 over that approved at the end of 2005. There has also been a substantial expansion of training places available at undergraduate level across a range of healthcare professions in order to ensure an ongoing supply of personnel in sufficient numbers for our health services into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the require- ments of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services. 143. Deputy Bernard J. Durkan asked the Minister for Health and Children when she expects the clean air theatre to become functional at Naas General Hospital, Naas, County Kildare; and if she will make a statement on the matter. [2976/08] 839 Questions— 31 January 2008. Written Answers

145. Deputy Bernard J. Durkan asked the Minister for Health and Children the anticipated date for the completion of the Naas Hospital development plan in its entirety; and if she will make a statement on the matter. [2978/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 143 and 145 together. Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matters investigated and to have a reply issued directly to the Deputy.

Hospital Staff. 144. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of posts to be filled at all grades at Naas General Hospital, Naas, County Kildare; and if she will make a statement on the matter. [2977/08]

Minister for Health and Children (Deputy Mary Harney): Over 130,000 people work full- time or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the require- ments of the Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Question No. 145 answered with Question No. 143.

Nursing Homes Repayment Scheme. 146. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of families compensated under the health repayment scheme to date; the number outstanding; when it is expected that all payments will be made; the reason the problem has taken so long; and if she will make a statement on the matter. [2979/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. The HSE has informed my Department that over 36,000 applications for living and deceased patients have been received by the Health Repayment Scheme. To date in excess of 16,500 of the claims received by the Scheme Administrator have been processed, which includes 9,471 offers of repayment totalling more than \180 million. 840 Questions— 31 January 2008. Written Answers

I have been advised that the Scheme Administrator has given assurances to the HSE that the vast majority of claims submitted by the public will be dealt with within the 2 year time frame allotted for the Scheme which is due to end in June 2008. The HSE has indicated that if there are any outstanding claims at the end of June 2008 such claims will be kept to an absolute minimum and will be dealt with as quickly as possible. The HSE have informed my Department that the scheme is progressing as speedily as pos- sible and every effort is being made to settle claims as quickly as possible. However, there are a number of different factors which have affected the length of time it takes to process a claim. A very high number of deficiencies have appeared on claim forms which must be rectified before they can be processed. Over 13,400 estates who have lodged claims to date did not have a grant of representation, as required by law, and the Scheme Administrator has had to estab- lish probate before the claim can be progressed. This is to ensure that the person entitled to claim on behalf of an estate is the person who ultimately receives the repayment. Over 330 HSE facilities around the country have had to be visited by the Scheme Administrator to review and retrieve their records of payment. In some cases, these records dated as far back as 1976. The format in which this information was stored varied widely between institutions and usually included a mixture of paper files, handwritten files and computer files. All of this information had to be scanned and uploaded onto a usable database and this process took over 6 months to complete. In an effort to address some of the issues mentioned above, the HSE and the Scheme Admin- istrator conducted an intensive national roadshow campaign in nine locations around the coun- try (Dublin, Dundalk, Waterford, Cork, Galway, Limerick, Sligo, Athlone and Cavan) in the run up to the deadline last year. The open days resulted in positive progress in resolving deficiencies and progressing applications. The HSE have informed my Department that the Scheme Administrator and the HSE con- tinue to work closely together in dealing with issues under the scheme as they arise.

147. Deputy Bernard J. Durkan asked the Minister for Health and Children the reason for the delay in making restitution under the health repayment scheme in the case of a person (details supplied) in County Kildare; the reason such secrecy currently surrounds the admini- stration of payments to all claimants; and if she will make a statement on the matter. [2980/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

148. Deputy Bernard J. Durkan asked the Minister for Health and Children if and when entitlement to rebate through the national nursing home charges scheme will be ascertained in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2983/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy. 841 Questions— 31 January 2008. Written Answers

149. Deputy Bernard J. Durkan asked the Minister for Health and Children when moneys outstanding under the health repayment scheme will be awarded to a person (details supplied) in County Kildare who completed all further information requests sought by the Health Service Executive in September 2007; and if she will make a statement on the matter. [2984/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Departmental Reviews. 150. Deputy Kieran O’Donnell asked the Minister for Health and Children the review processes that have taken place or she has requested to be undertaken in respect of the budget- ing, financial and reporting systems within her Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if she will make the reports findings public; and if she will make a statement on the matter. [3022/08]

Minister for Health and Children (Deputy Mary Harney): In the context of his last Budget Statement, the Ta´naiste and Minister for Finance, Brian Cowen, T.D., announced an Efficiency Review, under which all Departments are required to furnish, by 1st March, 2008, a comprehen- sive list of specific, actionable proposals to maximise efficiency gains within their areas. The nature of these gains is open, and may include both direct savings from relevant Votes and the reorganisation of resources within Votes to allow the delivery of additional objectives within existing resources. The review covers all administrative spending including spending by all State bodies (whether statutory or not) and voluntary or other bodies in receipt of significant State funding. My Department is presently preparing its input to this review.

Hospital Services. 151. Deputy Enda Kenny asked the Minister for Health and Children when she expects to provide for the creation of a national guideline for clinical practice in maternity care; the consequences to be implemented by HIQA where hospitals fail to reach the designated national guidelines; and if she will make a statement on the matter. [3036/08]

Minister for Health and Children (Deputy Mary Harney): The Health Information and Qual- ity Authority (HIQA), which was established in May 2007, is the body responsible for the setting of standards on safety and quality in relation to the public health service in accordance with Section 8 of the Health Act 2007. HIQA propose to develop such standards for acute hospitals in 2008. The standards will, in the first instance, be generic across the acute hospital sector. However, the standards will be refined over time in line with priorities. The role of HIQA includes the monitoring of compliance with those standards.

152. Deputy Enda Kenny asked the Minister for Health and Children when she expects to be in a position to provide for the publication of clinical reports on maternity hospital statistics; when the national perinatal epidemiology unit in Cork University Hospital will be in a position to provide a structure for such publications; and if she will make a statement on the matter. [3037/08]

842 Questions— 31 January 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): My Department is advised by the Health Service Executive that annual clinical reports are published by each of the three public maternity hospitals in Dublin and that reports are prepared annually or are in the course of preparation by other units. My Department has asked the Parliamentary Affairs Division of the Executive to arrange to have a more detailed reply issued to the Deputy in relation to this element of his question. The National Perinatal Epidemiology Centre at Cork University Hospital was established in 2006 under a service level agreement with the HSE. The aim of this centre is to improve clinical services for mothers and babies by monitoring all data from Irish maternity units. The role of the centre is to record, monitor and analyse all births, important interventions, complications and outcomes. The priorities for the Centre are the development of a national maternity chart for Ireland and standardised data collection across all maternity units. The development of a single maternity chart for use in all of the State’s hospitals and units should offer benefits such as improved harmonisation of data collection from different hospitals, facilitation of better patient movement between hospitals and co-ordination of a perinatal epidemiology monitoring service. My Department has been advised by the HSE that a draft maternity chart is due to be circulated shortly to all maternity units for comment. In addition, a draft data set detailing the clinical and demographic variables was compiled with specialist input following a review of similar sets in use internationally.

153. Deputy Enda Kenny asked the Minister for Health and Children her views on whether the Health Amendment Act 1991 does not allow for midwifery led care to avail of designated private beds which are available under a consultant led system; if she has carried out a study of the implications of the difference between midwifery led care and consultant led care in respect of maternity services; and if she will make a statement on the matter. [3038/08]

Minister for Health and Children (Deputy Mary Harney): The Health (Amendment) Act, 1991 and associated regulations make no provision for midwives to admit patients to designated private beds. The transformation of maternity services nationally is a key project within the HSE Trans- formation Programme. As part of this work, an independent review of maternity services in the Greater Dublin Area is being undertaken by external consultants on behalf of the HSE and is due to be completed shortly. The review will set out recommendations and provide an action plan to facilitate the best model for primary, community and hospital services and work- force requirements. The review will also help to inform decisions on the most appropriate model of care for the future delivery of maternity and gynaecology services to patients in Dublin, including the provision of midwife led services.

154. Deputy Enda Kenny asked the Minister for Health and Children if she will make arrangements to have consumer representation for improvements in the maternity services provided and represented on the board of HIQA; if this is Government policy; and if she will make a statement on the matter. [3039/08]

Minister for Health and Children (Deputy Mary Harney): The Board of the Health Infor- mation and Quality Authority, which is made up of 12 members, is appointed in accordance with Section 13 of the Health Act 2007. The membership of the Board is, as required, made up of people with a broad range of experience and expertise in relation to matters connected with the functions of the Authority and includes representatives of service providers and service users generally. It would not be feasible to have every individual health service provider group 843 Questions— 31 January 2008. Written Answers

[Deputy Mary Harney.] or service sector represented at Board level. However, any person or group may put forward their views on any particular matter for consideration by the Board by writing to the Chair- person or its Chief Executive Officer.

155. Deputy Enda Kenny asked the Minister for Health and Children if she will make arrangements for a temporary decompression chamber to be provided at Galway pending pro- vision of a new hypobaric decompression chamber currently under construction; if her attention has been drawn to the fact that divers operating commercially off the west coast pending the provision of a new decompression chamber would have to attend at Craigavon or the Isle of Man in the event of emergency treatment being required; and if she will make a statement on the matter. [3040/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Question No. 156 answered with Question No. 63.

Traffic Management. 157. Deputy Thomas P. Broughan asked the Minister for Transport the growth in the volume of traffic in the Greater Dublin Area since 1997 to date in 2008; the growth in traffic volume for each of the years between 1997 and 2007; and if he will make a statement on the matter. [2787/08]

Minister for Transport (Deputy Noel Dempsey): The data available to my Department on the general growth in passenger traffic in the Greater Dublin Area over the last ten years is contained in the Census travel to work and travel to education data for the years 1996, 2002 and 2006. In summary, the table below shows a growth of 33% in trips to work and education in the Greater Dublin Area over the last ten years. The growth in car trips is close to 70%, while trips by rail have more than doubled (aided by the addition of LUAS in 2004). Cycling trips have declined by 25% over the same period and trips by bus have remained almost static (just a 2% increase in the last 10 years).

Growth in travel to Work and Education within the Greater Dublin Area (GDA) in the last ten years.

Mode of travel 1996 2002 2006 % Growth in trips 1996-2006

% Walk 190,393 187,506 205,269 7.8 Cycle 46,537 33,888 34,655 −25.5 Bus/Coach 156,161 154,208 159,233 2.0 Train / Dart / LUAS 29,666 39,107 63,941 115.5 Motor cycle or scooter 6,150 11,794 9,024 46.7 Car (Driver) 247,593 346,702 418,515 69.0 Car (Passenger) 109,752 130,587 139,874 27.4

844 Questions— 31 January 2008. Written Answers

Mode of travel 1996 2002 2006 % Growth in trips 1996-2006

% Other (incl lorry or van) 19,273 33,956 40,227 108.7

Total trips 805,525 937,748 1,070,738 33 Source: CSO Census.

Coastal Protection. 158. Deputy Brendan Howlin asked the Minister for Transport the position in relation to the provision of an emergency towing vessel service for the Irish coastline; if this matter will be progressed in cooperation with the Government of the United Kingdom; and if he will make a statement on the matter. [2810/08]

Minister for Transport (Deputy Noel Dempsey): Emergency Towing Vessels (ETV’s) are deployed to empower a State to proactively protect its coast and all maritime activities within its Exclusive Economic and Marine Pollution Responsibility Zones. The tasking of ETV’s include intervention in casualty response to prevent pollution from oils or hazardous and noxious substances and damage to the environment, life or property; pollution enforcement; oil recov- ery; reduction of pollution costs; fire fighting; and enhancement of search and rescue services. My Department is reviewing the options to ensure that Ireland has access to ETV capacity to protect the coast from the consequences of major oil pollution or vessel stranding. In reviewing options I also intend to include discussion with our counterparts in the UK.

Public Transport. 159. Deputy Joan Burton asked the Minister for Transport when Dublin Bus will be given permission by his Department to run buses through the Port Tunnel; if his attention has been drawn to the fact that the failure to sanction Dublin Bus use of the tunnel is causing significant extra delays for customers using buses from Swords to the city centre particularly those using 41X; when he proposes to permit Dublin Bus to use the tunnel in the same way as he is permitting private bus providers to use the tunnel; and if he will make a statement on the matter. [2868/08]

Minister for Transport (Deputy Noel Dempsey): My Department supports the use of the Port Tunnel by any bus operator, whether it is Dublin Bus, Bus Eireann or a private operator. On the 22nd March, 2007, Dublin Bus notified my Department of its proposal to re-route four of its existing Route 41X services from Swords via the Port Tunnel. At that time, my Department advised the Company that the proposal was in conflict with a prior application from a private operator for a high frequency bus service from Swords to the City Centre via the Port Tunnel. Therefore, in accordance with legislative procedures, Dublin Bus was advised that a decision on its proposal was being deferred until the prior application was finalised. Applications from private bus operators and notifications from the State Companies are dealt with on a first come basis and Dublin Bus is aware of these procedures. The prior application was finalised and my Department issued a licence on the 3rd October, 2007 to the private operator concerned. The Department is currently considering the Dublin Bus proposal taking into consideration the introduction of the newly licensed service and the matter has been the subject of ongoing contact with Dublin Bus. 845 Questions— 31 January 2008. Written Answers

[Deputy Noel Dempsey.]

An issue such as that which has arisen in relation to the Route 41X only occurs where my Department considers that the proposal conflicts with a prior application. My Department has previously approved Dublin Bus to operate the Route 33X (Skerries — City Centre) and Route 142 (Portmarnock- Malahide- City Centre — Rathmines) service via the Port Tunnel. My Department has no other outstanding proposals from Dublin Bus for services that would utilise the Port Tunnel.

Departmental Expenditure. 160. Deputy Kieran O’Donnell asked the Minister for Transport the review processes that have taken place or he has requested to be undertaken in respect of the budgeting, financial and reporting systems within his Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if he will make the reports findings public; and if he will make a statement on the matter. [3025/08]

Minister for Transport (Deputy Noel Dempsey): In his Financial Statement to the Da´il in December 2007, the Ta´naiste and Minister for Finance announced that the Government had agreed to an efficiency review of administrative expenditure across the public service. As part of this review, my Department is currently examining its administrative expenditure and that of the non-commercial and regulatory state bodies under its aegis with a view to identifying areas where savings can be made. My Department is required to provide the Department of Finance with specific proposals to achieve administrative savings by 1 March this year. These proposals will then be reviewed by the Department of Finance, which will report to the Govern- ment on them. It is also envisaged that the Secretary General of each Department will advise the relevant Oireachtas committee of the savings agreed by the Government, and may be examined by the committee on these. The question of publishing the outcome of this efficiency review will be considered by the Government in due course.

International Agreements. 161. Deputy Jim O’Keeffe asked the Minister for Foreign Affairs the details of the case brought before the European Court of Justice seeking to allow Ireland to be part of the EU security arrangements covering bio metric passports and to be part of the EU frontier control system; and the decision and an indication of the approach to be adopted in this regard. [2462/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): In the year 2000, Ireland and the United Kingdom were granted the right to participate in some proposals that build upon the Schengen acquis. In February and May 2004, the United Kingdom signalled its intention to take part in the adoption of Regulation 2007/2004 (EC) on the establishment of FRONTEX, and Regulation 2252/2004 (EC) on biometric passports. Both measures were intended to build on the provisions of Article 62(2) (a) of the Schengen acquis. The Council subsequently refused to allow the United Kingdom to take part in these measures on the grounds that they constituted a development of provisions of the Schengen acquis to which the United Kingdom was a not party by virtue of Council Decision 2000/365 (EC).

846 Questions— 31 January 2008. Written Answers

The United Kingdom launched legal challenges through the European Court of Justice with a view to enabling it to participate fully in both regulations. In May 2005, the Government authorised the Minister for Justice, Equality and Law Reform to present to the Court Ireland’s written observations in relation to these cases. Subsequently Ireland, together with Poland and Slovakia, intervened at the court in support of the United Kingdom. Spain and the Commission were given leave by the Court to intervene in support of the Council. The Judgements of the European Court of Justice were handed down on 18 December 2007 in which the court ruled that the Council was correct in refusing to allow the United Kingdom the right to take part in adopting the measures in question. The full implications of these judgements are currently being considered and the Attorney General’s legal advice has been sought.

Departmental Expenditure. 162. Deputy Kieran O’Donnell asked the Minister for Foreign Affairs the review processes that have taken place or he has requested to be undertaken in respect of the budgeting, finan- cial and reporting systems within his Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if he will make the reports findings public; and if he will make a statement on the matter. [3021/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): In Budget 2008, the Ta´naiste and Minister for Finance announced that the Government agreed to an efficiency review of all administrative spending across the public service. As part of this process all Government Departments are required to examine their adminis- trative spending and to provide specific proposals for administrative savings to the Department of Finance, by 1 March 2008. These proposals will be reviewed by the Department of Finance. It is also envisaged that each Secretary General will be required to advise the relevant Oireachtas Committee of the savings. This process is now underway within my Department. The question of the publication of the outcome of the Review exercise will be considered by the Government in due course. I would also like to draw the Deputy’s attention to a further review process which is underway in my Department. The 2006 White Paper on Irish Aid proposed a management review of Ireland’s official development assistance programme to ensure that its systems, struc- tures, procedures and staffing can continue to deliver a high quality aid programme as funding expands towards reaching the UN target of 0.7% of GNP by 2012. The review commenced in the Spring of 2007 and is overseen by a Steering Committee comprised of high level officials from both the Departments of Foreign Affairs and Finance. Following a tender process, FGS Consulting were appointed to provide the professional expert- ise and support to the Steering Committee at a cost of \230,000. It is expected that the report and recommendations will be finalised and submitted to the Secretaries General and Ministers in the Departments of Foreign Affairs and Finance in March 2008 and that this will, in turn, lead to proposals being put before Government. It is expected that the findings of the Irish Aid review will, in due course, be made public.

Work Permits. 163. Deputy Bobby Aylward asked the Minister for Enterprise, Trade and Employment the outcome of an appeal for a work permit by a person (details supplied). [2819/08]

847 Questions— 31 January 2008. Written Answers

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The Employment Permits Section of my Department informs me that a work permit has now issued in this case.

164. Deputy Bobby Aylward asked the Minister for Enterprise, Trade and Employment the outcome of an appeal for a work permit by a person (details supplied). [2820/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The Employment Permits Section of my Department informs me that a work permit has now issued in this case.

165. Deputy Bobby Aylward asked the Minister for Enterprise, Trade and Employment the outcome of an appeal for a green card permit by a person (details supplied). [2821/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The Employment Permits Section of my Department informs me that this application was refused on the grounds that the position did not meet the criteria for a Green Card. This decision was upheld on appeal. However, if a work permit application were received for this position, it would be considered.

County Enterprise Boards. 166. Deputy Sea´n Sherlock asked the Minister for Enterprise, Trade and Employment the breakdown of the funding allocated to Cork North Enterprise Board for the years 2000 to 2007; the amount of revenue returned for the same period; and if he will make a statement on the matter. [2834/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): I am aware that the approach being adopted by North Cork Enterprise Board in the development of micro- enterprise is underpinned by an emphasis on the provision of advice, mentoring and manage- ment development supports to the micro-enterprise sector at local level. The Board’s budget spend reflects this current prioritisation away from direct financial assistance towards an increasing recourse to non-financial and capability support assistance. The information sought by the Deputy, broken down into current and capital expenditure (Measure 1 selective financial intervention) and (Measure 2 entrepreneurial and capability development) is set out in tabular format below.

North Cork CEB Budget Allocations 2000-2007

2000 2001 2002 2003 2004 2005 2006 2007 \\\\\\\\

Admin 177,763 190,461 211,457 201,286 226,000 226,000 234,000 245,700 M 1 253,948 185,382 268,065 40,100* 160,000 75,000 239,944 0 M 2 76,184 76,184 117,526 53,207 70,000 75,000 80,000 120,000

North Cork CEB Budget Surrenders 2000-2007

2000 2001 2002 2003 2004 2005 2006 2007 \\\\\\\\

Admin 0000090,000 20,000 0 M 1 25,395 16,507 238,235 40,100* 25,000 75,000 239,944 0 M 2 31,743 8,888 48,426 0 0 40,000 30,000 50,000 *Original Allocation was \22,969 — Allocation revised 15 May 2003.

848 Questions— 31 January 2008. Written Answers

Job Losses. 167. Deputy Charlie O’Connor asked the Minister for Enterprise, Trade and Employment the actions he proposes to deal with the significant job loses (details supplied) in Dublin 24; his views on the upset of the workforce and the wider community; and if he will make a statement on the matter. [2846/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): I understand that a restructuring of the manufacturing activities of the company in question will lead to a cess- ation of production at its biscuit factory in Tallaght by early 2009. The planned restructuring will include an investment programme and the company expects to employ 120 people at that stage in Ireland. Enterprise Ireland has had a number of discussions with the company over the last twelve months in relation to its development plans, and assistance has also been given to the com- pany’s innovation agenda. After reviewing a number of options, the company has now taken the strategic decision to outsource its biscuit manufacturing operation. However, the company has also indicated its commitment to undertaking new product development in Ireland by deciding to establish an innovation centre of excellence in biscuit manufacturing. The agency will seek to continue working with the company to assist it to develop new products and processes, and enhance its famous range of brands. The redundancies at the company will take place on a phased basis from September 2008, through to early 2009. The role of FA´ S, the Industrial Training agency, will be particularly important. The agency has already written to the company and a response is currently awaited as to how and when the company wishes to proceed. The agency is prepared to offer its full range of services to any employees who wish to avail of its services. I am aware of the signifi- cance of the job losses in such a long established company and every effort will be made to assist the employees. I understand the company is entering into talks with employees and unions immediately. The State Development agencies will continue to work together and with local interests to promote employment opportunities for Tallaght. I am confident that the strategies and policies being pursued in the area by the agencies will maximise the flow of potential investors and convert these into investment and job opportunities. The development of the Grangecastle Business Park, which Microsoft Corporation has selected for its new data centre, combined with the development of the City West Business Park will ensure that the overall area is an attractive location for investment.

Property Management Companies. 168. Deputy Joan Burton asked the Minister for Enterprise, Trade and Employment his views on the 146% increase in complaints regarding property management companies, as regis- tered by the Office of the Director of Corporate Enforcement for 2007; the steps he will take to ensure that this trend is reversed; and if he will make a statement on the matter. [2859/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy John McGuinness): The number of complaints received in 2007 in respect of property management companies was 64, a 146% increase on the previous year’s figure of 26. This increase is likely to have been prompted by the publication of the ODCE’s Consultation Paper on the Govern- ance of Apartment Owners’ Management Companies in December 2006, the attendant media interest in the subject and also the fact that there is an increasing number of people living in apartments in Ireland.

849 Questions— 31 January 2008. Written Answers

[Deputy John McGuinness.]

I am pleased that the Director of Corporate Enforcement successfully rectified difficulties in 43 of these cases by contacting the directors in question. 21 other cases are continuing to be assessed at year-end. The enforcement of breaches of company law by property management companies, as with any companies, is a matter for the Director of Corporate Enforcement. I understand that the Director is producing a Governance Handbook for property management companies in order to raise awareness of the responsibilities and rights that apartment owners have as members of such companies.

Departmental Expenditure. 169. Deputy Kieran O’Donnell asked the Minister for Enterprise, Trade and Employment the review processes that have taken place or he has requested to be undertaken in respect of the budgeting, financial and reporting systems within his Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if he will make the reports findings public; and if he will make a statement on the matter. [3019/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): I am assuming the Deputy’s question refers to the Efficiency Review exercise which was announced by the Ta´naiste and Minister for Finance in his Budget Day speech in December 2007. In line with the Ta´naiste’s announcement, my Department was asked to provide the Depart- ment of Finance, by 1 March 2008, with a list of specific actionable proposals to maximise efficiencies gains in spending areas under the aegis of my Department. An exercise to identify potential efficiencies in my Department, its Offices and its agencies is currently being carried out and will be completed in time to meet the 1 March deadline set by the Department of Finance. The exercise is being conducted by relevant staff of my Department, its Offices and agencies as part of their day-to-day activities. The salary and overhead costs of these staff are included as part of my Department’s budget for 2008. Therefore, no specific additional costs have arisen at this point in time. It is envisaged that proposals which my Department forwards to the Department of Finance under the Efficiency Review will be considered by the Ta´naiste and the Government, along with proposals from other Departments. The question of publishing the outcome of the Efficiency Review will be a matter for the Government to decide upon in due course.

Sports Capital Programme. 170. Deputy Jack Wall asked the Minister for Arts, Sport and Tourism the amount of sports capital grants that have not been drawn down over the past five years in County Kildare; the amount not drawn down for the remainder of the country; if he has changed the minimum level of funding required by applicants; if changes have been made in relation to applications for such funding from RAPID or CLA´ R areas; and if he will make a statement on the matter. [2799/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): In line with a commitment in the Programme for Government, the minimum own funding requirement for projects in

850 Questions— 31 January 2008. Written Answers areas of urban disadvantage (i.e. RAPID and Local Drugs Task Force areas) has been reduced to 10%. No such change was made for CLA´ R areas.

Swimming Pool Projects. 171. Deputy Martin Ferris asked the Minister for Arts, Sport and Tourism when the new swimming pool programme will commence; and if he will make a statement on the matter. [2921/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): A Value for Money and Policy Review Report of the Local Authority Swimming Pool Programme has been completed by my Department. The Report examined, among other things, how the programme has worked to date and what changes, if any, are required to ensure its effective and efficient delivery. Following consideration of the recommendations in the Report, it is my intention to launch a new round of the Local Authority Swimming Pool Programme.

Departmental Expenditure. 172. Deputy Kieran O’Donnell asked the Minister for Arts, Sport and Tourism the review processes that have taken place or he has requested to be undertaken in respect of the budget- ing, financial and reporting systems within his Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if he will make the reports findings public; and if he will make a statement on the matter. [3014/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): An efficiency review is currently being undertaken throughout the Department and in the bodies under the aegis of the Department as part of the efficiency review initiative announced by the Minister for Finance in the 2008 Budget. This review is to be completed by 1 March 2008. It will be carried out within existing resources and no additional costs will be incurred. The publication of the review is a matter for the Minister for Finance.

General Register Office. 173. Deputy Joan Burton asked the Minister for Social and Family Affairs the legal position in relation to a person (details supplied) in County Sligo who has been unable to get their child registered; and if he will make a statement on the matter. [2867/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): I have been advised by the Registrar General that the position is as follows. The provisions governing the registration of births are contained in Part 3 of the Civil Regis- tration Act, 2004. Section 22 (3) provides that, where the mother was married at the date of the birth of the child or at some time during the period of 10 months ending immediately before such birth, and where it is maintained that the legal spouse is not the father, there must be given to the registrar either a statutory declaration from the spouse rebutting paternity of the child, or a statutory declaration of the mother that she has been living apart from the spouse during a period ending immediately before the date of the birth of the child of more than 10 months by virtue of a decree of divorce, a decree of divorce a mensa et thoro, a decree of nullity or a deed of separation. Subsection 22(1)(d) provides for applications to register the father’s particulars where there is provided to the registrar a document purporting to be a copy of an order made by a court

851 Questions— 31 January 2008. Written Answers

[Deputy Martin Cullen.] in proceedings referred to in section 45 of the Status of Children Act 1987, and to be certified by or on behalf of the court to be a true copy of the order, finding that the person is the father of the child. The orders referred to are maintenance orders and orders relating to guardianship, for which applications may be made to local District Family Law Courts. These provisions stem from section 46 of the Status of Children Act, 1987, which provides that the husband in a legally subsisting marriage shall be presumed to be the father of all children of the marriage, unless the contrary is proved on balance of probability. The statutory declarations and court orders referred to above are required in order to set aside the presump- tion of paternity. In the case (details supplied) that is the subject of the Deputy’s question, the mother is still legally married to the father and is not in a position to obtain from her legal spouse a statutory declaration rebutting paternity. Consequently, she was informed by the registrar that a court order, naming the father of the child, is required under the legislation, in order to disprove the presumption of paternity and effect registration of the child’s birth. To date, no such order has been supplied to the registrar. Once a copy of such an order is presented to the registrar, registration may be completed very shortly thereafter.

Social Welfare Benefits. 174. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when rent assistance will be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2982/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): One of the conditions for entitlement to rent supplement is that a person must be assessed by a housing authority as having a housing need. As stated in my reply to Parliamentary Question No. 322 which I answered for the Deputy on 18th December 2007, the Health Service Executive has advised that in December 2006, it refused a payment of rent supplement in this case on the grounds that the local housing auth- ority had not certified that the person concerned has a housing need. The Executive has advised that this decision has not been appealed by the person concerned. It has confirmed that it has not received a new application for rent supplement from the person concerned.

175. Deputy Michael Ring asked the Minister for Social and Family Affairs when a person in (details supplied) in County Mayo can expect to receive their replacement child benefit book. [2804/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Customer informed Child Benefit Section on 3rd January 2008 that she mislaid her Child Benefit Book. A replace- ment book was sent to her nominated Post Office on 23 January 2008.

176. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if and when child benefit will be approved in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2947/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): A child benefit claim was received from the person concerned in June 2006. However, due to the very high volume

852 Questions— 31 January 2008. Written Answers of claims received from EU nationals over the past 2 years, delays in claim processing has been experienced. Additional resources have been assigned since September 2007 to deal with the arrears and progress is being made. This claim is now being prioritised and payment will be made as soon as possible.

Departmental Expenditure. 177. Deputy Kieran O’Donnell asked the Minister for Social and Family Affairs the review processes that have taken place or he has requested to be undertaken in respect of the budget- ing, financial and reporting systems within his Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if he will make the reports findings public; and if he will make a statement on the matter. [3024/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): I understand from contact with the Deputy that he is interested in the accounting systems in use in my Department. The Department produces two statutory accounts annually. These two accounts — the Appropriation Account and the Social Insurance Fund account — are subject to annual audit by the Comptroller and Auditor General. Their annual outturn for 2006 was \7.3 billion and \7.7 billion respectively. This is the last year for which full information is available. These receipts and payments are brought to account using our financial and accounting system known as Oracle Financials, which is used widely across the public and private sectors and supports the normal range of accounting functions such as General Ledger, Accounts Payable, Purchasing, Inventory and Fixed Assets. The system was initially acquired in 1998 at a cost of \480,000. A separate query and reporting tool known as Business Objects was also implemented in tandem with Oracle Financials to provide management reporting facilities. While there has been no specific review of the Oracle Financials since it was implemented, the system is monitored on an ongoing basis and has been upgraded regularly to keep up with emerging business needs. The most recent upgrade in 2006 was implemented at a cost \235,000. Planning for the next upgrade will commence this year. An integral part of the accounting process is the reconciliation of the sixty two million pay- ment transactions carried out by the Department each year through the banks and Post Offices. Systems supporting the existing reconciliation operations have been in place since 1986. Follow- ing an in-depth review of these processes with expert consultancy assistance costing \127,000, a decision was taken in 2005 to seek a modern integrated solution to replace existing reconcili- ation systems. After an extensive competitive tendering and evaluation process the most suit- able solution was selected and a contract was awarded in 2007. Phased implementation is now under way with planned completion in 2009. The costs of the new system over 2008 and 2009 are projected to be \3.7 million (excluding VAT). In parallel with the new reconciliation project, a consultancy contract has been awarded to provide the Departments Accounts Division with essential additional expertise in business re- engineering, risk management and enhanced financial controls. The projected cost of this additional expertise over a two year period is projected to be \900,000 (excluding VAT).It is also clear that these and other modernisation initiatives will not only underpin a more effective accounting systems but will yield savings in excess of these initial costs over their lifetime particularly in terms of the ongoing staff resources required to support these systems.

853 Questions— 31 January 2008. Written Answers

[Deputy Martin Cullen.]

The Department’s Vote also funds five statutory bodies which come under the aegis of my Department. The organisations are Citizen Information Board, Combat Poverty Agency, Family Support Agency, Pensions Board and Pensions Ombudsman. Responsibility for main- taining proper financial systems and books of account primarily rests with each of the respective organisations under the terms of their governing legislation and such arrangements are subject to separate regular scrutiny by the Comptroller and Auditor General.

Drugs Awareness Campaign. 178. Deputy Michael McGrath asked the Minister for Community, Rural and Gaeltacht Affairs if his Department will be in a position to provide some financial support for the pro- duction of a community-based drugs awareness film. [2872/08]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): Responsibility for the National Drugs Awareness Campaign lies with the Health Promotion Unit of the Health Services Executive. In consultation with various parties, that Unit is currently rolling out a new awareness campaign. This campaign may combine local elements within the broader message. The primary aim of the awareness campaign will be to communicate the dangers of cocaine use, with a particular focus on so called “recreational cocaine users” in the 15-34 age group. It will utilise appropriate media, such as social network websites, billboard and bus advertising as well as radio advertising to target this age group. No specific funding is available from my Department to support the production of a com- munity-based drugs awareness film and, broadly speaking I would favour a coherent approach involving an overall message through the Health Promotion Unit. Having said that, it is open to community groups to approach the relevant Local or Regional Drugs Task Force for their area in regard to any proposals they might have. Alternatively, an application could be made under the “small grant scheme” of the Young Peoples Facilities and Services Fund which has a \5,000 maximum level of grant assistance. Applications under that Fund, which is restricted to particular areas, would be made to the Local Development Group. Contact details for any of these agencies are available from my Department.

Departmental Expenditure. 179. Deputy Kieran O’Donnell asked the Minister for Community, Rural and Gaeltacht Affairs the review processes that have taken place or he has requested to be undertaken in respect of the budgeting, financial and reporting systems within his Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if he will make the reports findings public; and if he will make a statement on the matter. [3016/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The Deputy may be aware that, on foot of an announcement in the 2008 Budget of an efficiency review of administrative spending across the public service, each Department is required to examine such spending, both within its own ambit and of bodies under its aegis, and to provide proposals for administrative savings to the Department of Finance by March 2008. The process of conducting the efficiency review is now underway in my Department and in relevant bodies under its aegis. The review is being carried out internally and there are no specific costs arising.

854 Questions— 31 January 2008. Written Answers

It is anticipated that the question of publication of the outcome of the efficiency review will be considered by Government in due course.

Fisheries Protection. 180. Deputy Sea´n Connick asked the Minister for Agriculture, Fisheries and Food her views on whether the quota system is workable for fishing vessels operating in a mixed fishing area. [2908/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): All current quota management arrangements have been put in place following detailed consultation with industry representatives. I am always prepared to consider any alternative proposals from industry for improving the management of quota allocation.

181. Deputy Sea´n Connick asked the Minister for Agriculture, Fisheries and Food her views on whether the dumping of dead fish overboard on a fishing vessel will lead to the conservation of fish stock. [2909/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The dumping over- board of unwanted fish from a fishing vessel, usually referred to as discarding, is a complex problem and is a feature of many fisheries, particularly those that involve a mix of species (for example, cod, haddock and whiting). In a mixed fishery, one species may be the target of fishing activity, but other species may be caught accidentally in the fishing gear. This can result in the unwanted fish being discarded. Discarding can also occur for economic reasons, i.e., when smaller, less valuable fish are dumped in favour of larger, more marketable ones (a practice known as high-grading). Most of the fish discarded do not survive. It is frequently the case that these smaller fish are juveniles of the target species or other species caught as a bycatch. As such, their capture in the first instance impacts on the future reproductive capacity of the stock and on the future viability of the fishery. From a fisheries management perspective, since the amounts discarded are not usually recorded in logbooks and counted against the relevant quota, the real quantities of fish being taken from a stock are not known, and decisions in relation to the prudent manage- ment and conservation of the stock are compromised. The issue of high levels of discards in commercial sea fisheries is a global problem. It is already being addressed at a European level, however, through measures regulating fishing gear, such as adjusting net mesh sizes or requiring acoustic devices to be attached to fishing gear. Ireland has been to the forefront in pressing for action on the discard issue in the European Union (EU). During its Presidency of the EU in 2004, Ireland made the theme of “fast tracking the development of environmentally friendly fishing methods a key focus. A major international conference involving EU member states, Norway and Iceland was held in Dundalk in March 2004 to discuss how to reduce discards in commercial fisheries. Following further consideration of the issue, a European Commission Communication on “a policy to reduce unwanted by-catches and discards in European fisheries was presented to Council in June 2007. The Council adopted a range of conclusions on the Commission proposal and these will determine the agenda on discards at European level for the immediate future. An effective resolution of the discards issue will likely require a combination of new policy and technical measures. The development of policy on discards will be driven in part by reviews of existing stock recovery programmes during 2008. Technical solutions are likely to involve the deployment of more selective gear types, particularly in mixed-stock fisheries. Because the

855 Questions— 31 January 2008. Written Answers

[Deputy Mary Coughlan.] dynamics of discarding vary, depending on the characteristics of each fishery, any new measures may have to be implemented on a case-specific basis. Ireland will continue to press for progress on this issue, and I am confident that significant improvements can be achieved. In addition, the current Programme for Government commits to increasing supports to assist fishermen make the change over to more environmentally friendly fishing gear. I am confident that a combination of technical developments, management strategies and policy changes will assist in reducing the incidence and impact of discarding in the future.

182. Deputy Sea´n Connick asked the Minister for Agriculture, Fisheries and Food if her attention has been drawn to the fact that a fishing vessel which could not operate due to dangerous weather conditions or mechanical failure cannot bring its monthly fishing quota forward to the following month. [2910/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Any restrictions regarding the carryover of quota in various fisheries from one month to the next or from one period to another are in place with the agreement of industry representatives. These arrange- ments are discussed in detail at regular meetings between my officials and industry representa- tives and all proposals from industry are, as far as possible, accommodated. I am always pre- pared to consider any alternative management arrangements proposed by industry.

183. Deputy Sea´n Connick asked the Minister for Agriculture, Fisheries and Food if she will allow monthly fishing quotas to be brought forward to the following month in conditions where a fishing vessel could not operate due to bad weather or mechanical failure. [2911/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Any restrictions cur- rently in place regarding the carryover of quota in various fisheries from one month to the next or from one period to another are there with the agreement of industry representatives. These arrangements are discussed in detail at regular meetings between my officials and industry representatives and all proposals from industry are, as far as possible, accommodated. I am always prepared to consider any alternative management arrangements proposed by industry.

Coastal Protection. 184. Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food the steps that have been taken by her Department to advise the Department of Environment, Heritage and Local Government and local authorities on impacts and sensitivity of erosion and flood risks in relation to planning and development as required by the flood strategy review group report. [2927/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): One of the require- ments of the Flood Strategy Review Group Report, was that the Department of Communi- cations Marine and Natural Resources advise the Department of Environment, Heritage and Local Government and the Office of Public Works on ‘impacts and sensitivity of erosion and coastal flood risk in relation to planning and development’, as well as providing assistance in the development of guidelines and standards. This has been done primarily through the participation of the Department’s Engineering Division in the “Preparation of Guidance on the Consideration of Flood Risk in Planning and

856 Questions— 31 January 2008. Written Answers

Development Management Project” which is led by the Office of Public Works. This project commenced in early 2007 and is scheduled for completion in August 2008. This project will result in the issue of guidance to the Department of Environment, Heritage and Local Government and Local Authorities on how to best manage future development in Flood and Erosion risk areas. It should be noted that in line with a recent Government decision, responsibility for Coastal Protection and Coastal Flooding will become the responsibility of the Department of Envir- onment, Heritage & Local Government. Arrangements are currently in train to effect the transfer.

185. Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food the steps that have been taken by her Department to develop a national coastal protection strategy; and if she will make a statement on the matter. [2928/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): In 2002, the Depart- ment of Communications, Marine & Natural Resources (DCMNR) began a review of coastal protection requirements with a view to adopting a more long-term strategic, structured approach to the issues involved. The National Coastal Protection Strategy Studies in pilot areas have been completed and studies are being extended into new areas. In the pilot area information was assembled on the current and historic position of the coastline, the nature of the coast, its vulnerability to erosion and flooding and the nature of the hinterland in terms of economic, heritage and environmental assets. The information was collated on a geographic information system (GIS). Following completion of the pilot studies the surge modelling and identification of areas at risk was extended to the North East and South coast of Ireland. Land use restrictions, if any, resulting from these studies are a matter for the relevant planning authority. This Department has advised the Department of Environment, Heritage and Local Government and the OPW since early 2007 on impacts and sensitivity of erosion and coastal flood risk in relation to planning and development, including the provision of assistance as required in the development of guidelines and standards. Over the last four years, 2004-2007, DCMNR have spent in excess of \10.2 million to deal with the risks of coastal flooding and erosion throughout Ireland. In line with a recent Government decision, responsibility for Coastal Protection and Coastal Flooding will become the responsibility of the Department of Environment, Heritage & Local Government. Arrangements are currently in train to effect the transfer.

Harbours and Piers. 186. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food if funding will be provided for the extension of Doonbeg Pier in County Clare; and if she will make a state- ment on the matter. [3027/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Doonbeg Pier is owned by Clare County Council and responsibility for its repair and maintenance rests with the Local Authority in the first instance. However, in late 2007, my Department invited Clare County Council to submit its proposals for inclusion in the Fishery Harbours & Coastal Infra- structure Development Programme for 2008.

857 Questions— 31 January 2008. Written Answers

[Deputy Mary Coughlan.]

An application for funding for the development of Doonbeg Harbour was included in the recent submission received from Clare County Council. The Fishery Harbours & Coastal Infra- structure Development Programme for 2008 is currently being drafted and the application from Clare County Council will be given due consideration subject to the availability of Exchequer funding and overall national priorities.

Alternative Energy Projects. 187. Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food if she has had recent discussions with the IFA or the former sugar beet representatives from the Carlow or Mallow areas in relation to provision of alternatives to the sugar industry; and if there has been discussions with agencies or groups in relation to the proposed large bio-refinery plant to be located in the Carlow area or with the Minister for Enterprise, Trade and Employment in relation to this matter or other alternatives; if not, if she will hold discussions; and if she will make a statement on the matter. [2800/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Support for the development of an alternative industry to sugar processing is a matter in the first instance for the Minister for Enterprise, Trade and Employment and the relevant state agencies. Notwithstanding this and the fact that responsibility for the promotion and development of renewable energy rests with the Minister for Communications, Energy and Natural Resources, I did meet with the promoters and representatives of the IFA prior to the recent official launch of a bio-refinery project proposed for the South East. In 2006 I participated in a Ministerial Task Force which agreed a National Bioenergy Action Plan. In accordance with this plan I subsequently launched a range of measures to stimulate the production of energy crops to complement measures on the demand side such as the major excise relief scheme introduced by the then Minister for Communications, Marine and Natural Resources. The measures introduced include a new National Energy Crop Premium of \80 per hectare, which is payable in addition to the EU premium available under the EU Energy Crops Scheme. I also launched a new Bioenergy Scheme in February 2007 to encourage farmers to grow willow and miscanthus for bioenergy purposes. Land used for growing energy crops can also benefit from the Single Payment. I had frequent meetings with farmers’ representatives prior to the introduction of these measures. With the introduction of the Single Payment, farmers now have the freedom to consider alternative land use options, while maintaining a degree of income stability. The buoyant market for biofuels and the introduction of new incentives at farm level has encouraged many farmers to consider agricultural production for non-food uses. Contact with the IFA and other farming groups in relation to non-food crops is continuing as required.

Grant Payments. 188. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the pay- ments outstanding to a person (details supplied) in County Mayo for the year 2007; if a DAS payment and full SPS payment issued to them; if so, the dates they issued; and if not, when these payments will issue. [2801/08]

858 Questions— 31 January 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application under the 2007 Single Payment Scheme / Disadvantaged Areas Scheme was received from the person named on 14 May 2007. The person named has 80.03 standard entitlements under the Single Payment Scheme, and he declared 79.69 hectares of land on his 2007 application form. In order to receive payment in respect of standard entitlements an applicant must have an “eligible hectare’’ to accompany each entitlement. In that regard an advance payment for \1,795.36 issued to the person named on 16 October 2007, based on the 79.69 hectares declared. A balancing payment for \1,795.35 issued on 3 December 2007. Payments under the Disadvantaged Areas Scheme commenced on 21 September, with pay- ments issuing in respect of those cases cleared for payment at that stage. The application of the person named was processed for a payment of \4,456.75. However, the person named was advised of a penalty for non-compliance in the REPS Scheme in early 2007 in the amount of \3,145.56 plus \88.10 interest. This amount was reco- vered from the Disadvantaged Areas Scheme payment, which resulted in a cheque for \1,374.28 issuing. A further REPS penalty remains unpaid in the sum of \104.85 for late submission of a payment application. This overpayment will be recovered from his next due payment.

189. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Mayo has not received payments for 2007; and if she will investigate this matter and confirm when payments will issue. [2811/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application was received on 16 May 2007 requesting the transfer of 5.63 standard entitlements by way of sale with land from the person named to another farmer. The proposed transferee did not have a herd number at the time of receipt of the transfer application. This was requested and subsequently received. It was also necessary to request a copy of a Deed of Transfer or Sale Agreement for land sold with entitlements. A Sale Agree- ment was received on 10 September 2007. In addition the proposed transferee is claiming ‘New Entrant’ status but has not supplied relevant documentation in support of his claim. This documentation has been requested and the transfer application will be processed without delay upon receipt after which any payments due to the person named will be made.

Departmental Expenditure. 190. Deputy Kieran O’Donnell asked the Minister for Agriculture, Fisheries and Food the review processes that have taken place or she has requested to be undertaken in respect of the budgeting, financial and reporting systems within her Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if she will make the reports findings public; and if she will make a statement on the matter. [3013/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): My Department has a well developed management information framework, the main component of which is the SAP R3 Accounts system which was introduced into my Department in 2001. Additional modules were added in 2003 and the system was updated in 2006.

859 Questions— 31 January 2008. Written Answers

[Deputy Mary Coughlan.]

Apart from facilitating the efficient processing of payments and the production of the annual Appropriations Account and other statutory accounts, the system includes a management reporting module which is available to management at all levels. Management reports, including information on administrative and programme expenditure, as well as non-financial perform- ance indicators, are examined at every meeting of my Department’s Management Advisory Committee in order to monitor progress and manage programme delivery. The availability of systems of this nature has long been regarded as a priority in my Depart- ment. The system is under constant review and necessary changes are made incrementally as new statutory obligations or business needs arise. For example, the system has been adjusted to produce new statutory accounts and reports which are required from 2007 under the CAP Financing Regulations while fisheries functions are now being integrated into the system. Apart from on-going adjustments of this type, there are no formal reviews of the system under way at present. State Agencies are responsible for their own internal management information systems. My Department has reporting requirements in place to supervise and monitor the activities of the relevant State bodies under the aegis of the Department. These procedures are also subject to on-going review. There are no formal reviews under way at present. Finally, the Office of the Comptroller and Auditor General is undertaking a Value For Money review of the impact of the Management Information Framework across the Civil Service. My Department has been selected for participation in a pilot phase and will be co- operating fully with that review.

Farm Waste Management. 191. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food when, in connection with the farm waste management scheme, she will request a deferral beyond December 2008 for up to two years to allow the works applied for and approved to be com- pleted as otherwise it will not be possible to achieve present deadlines where planning or agricultural building industry capacity would not be able to cope with meeting the present deadline. [3026/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The end-2008 dead- line for completion of work by farmers under the revised Farm Waste Management Scheme introduced by my Department in March 2006 is a strict condition of the EU state aid approval for the Scheme. I have no plans to approach the EU Commission to alter the terms of the state aid approval.

Special Educational Needs. 192. Deputy Jack Wall asked the Minister for Education and Science the mechanism avail- able to a person (details supplied) in County Carlow to seek home tuition for a child; if her Department or any of it’s agencies have personnel who could address the problem the family has; if so, if her Department will supply such details to the family; and if she will make a statement on the matter. [2795/08]

193. Deputy Jack Wall asked the Minister for Education and Science the mechanism avail- able to a person (details supplied) in County Carlow seeking home tuition for their child, that has been granted by his Department, to obtain such a tutor; if his Department or its agencies

860 Questions— 31 January 2008. Written Answers have listings of such qualified persons; and if so, if the list will be supplied to the family concerned. [2798/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 192 and 193 together. The Deputy will be aware that the home tuition scheme provides funding to parents to provide education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement. I am pleased to inform the Deputy that, cognisant of the difficulties being experienced by parents in securing home tutors the Programme for Government commits to providing a central database of suitably trained personnel seeking employment as home tutors. I understand that the family in question has sourced a tutor.

Irish Language. 194. Deputy Brian Hayes asked the Minister for Education and Science the outcome of a recent survey sent by her Department to students and parents of students in a school (details supplied); the length of time she expects to consider all the matters relating to this issue before coming to a decision; her views on the fact there was no consultation with the interested parties before this survey was submitted to parents and pupils alike in the school concerned; her further views on whether there is a high degree of confusion regarding the survey so submitted; and if she will make a statement on the matter. [2789/08]

Minister for Education and Science (Deputy Mary Hanafin): In October 2007, I announced my intention to survey all parents and students in the school to establish the level and range of provision being sought through Irish or English that will cater for the spectrum of student needs. I asked the Commission on School Accommodation to conduct the survey. The Commission on School Accommodation formally requested the board of management of the school to provide the names and addresses of parents and students in the school to whom the survey would be distributed. This followed a meeting between the Commission and the school authorities, at their request. However, the board of management then indicated its belief that the provisions of the Data Protection Acts prevented it from supplying the Commission with the names and addresses as requested. I decided, therefore, to place public notice advertisements in local and national newspapers inviting parents of students in the school to write to the Commission on School Accommodation to obtain the survey form. I wish to reiterate that I am determined to ensure that the school continues to guarantee an education through the medium of Irish to those students from the Gaeltacht and from Irish speaking homes who wish to be educated through the medium of Irish. Equally, I wish to ensure that to the greatest extent possible the new Community School should make a contribution to maintenance of Irish as the primary community language. However, provision also has to be made for those who have no Irish at all or those who, because their Irish is too weak, are unable to learn in classes conducted exclusively through the medium of Irish. The survey is intended to give parents of students attending the school, and the students themselves, an opportunity to directly express their views and preferences in relation to the

861 Questions— 31 January 2008. Written Answers

[Deputy Mary Hanafin.] language used in tuition and in other school activities during the course of their post-primary education. The survey is part of an open process of engagement with all the parents and the students who are attending the school. Through the survey my Department is seeking to ascer- tain the needs of all learners, from those that are fluent to those that may not have sufficient fluency to be able to fully engage in the curriculum through Irish. This has been my clearly stated intention since the survey was announced and I do not share the Deputy’s suggestion that there is any level of confusion involved. There has been extensive consultation and communication on this issue between my Depart- ment, the board of management of the school and the Joint Trustees of the school since August of last year. Responses to the survey are currently being examined by my Department and the results will be made known in due course.

Departmental Properties. 195. Deputy Michael Ring asked the Minister for Education and Science if she will release a site (details supplied) in County Mayo. [2803/08]

Minister for Education and Science (Deputy Mary Hanafin): The request for the release of my interest in the portion of site at the school in question is being considered by my Depart- ment’s School Planning Section. A report is awaited on the future educational needs for this particular area before any decision can be made to surrender the particular portion of site at this school.

Bullying in the Workplace. 196. Deputy Phil Hogan asked the Minister for Education and Science when the long-prom- ised report in respect of a school (details supplied) in County Kilkenny will be concluded and published; if the allegations in respect of work place bullying will be included in this report; if her Department has policy guidelines in respect of work place bullying; the reason a school evaluation report in respect of this school has not been published; and if she will make a statement on the matter. [2814/08]

Minister for Education and Science (Deputy Mary Hanafin): The officer appointed to con- duct the inquiry referred to by the Deputy has informed my Department that he anticipates that he will be in a position to conclude his report and furnish it to me by Easter. The Terms of Reference of the inquiry, at paragraph (a) (iii), specifically refers to allegations of bullying of staff members. Therefore, I expect that the report, when furnished, will deal will that issue. A copy of the Terms of Reference is attached for the Deputy’s information. My Department has issued guidelines to the Management Authorities of second level schools on meeting their obligations under the Safety, Health and Welfare at Work Act to ensure the safety and health of their employees. The Health and Safety Authority has also issued a Code of Practice on the Prevention of Workplace Bullying. It defines workplace bullying as repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work. An isolated

862 Questions— 31 January 2008. Written Answers incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying. As a supportive resource, teachers can now access an Employee Assistance Service (EAS) specifically tailored to meet their particular needs. The EAS now available to teachers through- out the country is designed to support the health and well-being of teachers which will in turn positively affect work quality and performance. The service will incorporate confidential counselling on issues such as health, relationships, addictions, bereavement, stress, conflict, critical incident and trauma. Services include, single session or short term structured telephone counselling, face to face short term confidential counselling as well as critical incident debriefing. These services are intended to assist individual teachers and school communities to increase psychological resili- ence, improve communication, develop positive work relationships and enhance well-being. A Whole School Evaluation (WSE) was carried out on the school referred to by the Deputy in October 2004. The evaluation was appealed by the Principal teacher and, following the review of the evaluation, the report was issued unaltered to the Vocational Education Commit- tee and the school staff. The WSE report was never published as the publication of reports only began for all evaluations commenced on or after the 6th February 2006.

Schools Refurbishment. 197. Deputy Phil Hogan asked the Minister for Education and Science if she will clarify the continuation of the school summer work scheme in order that boards of management can plan ahead for their improvement works in the summer of 2008; and if she will make a statement on the matter. [2816/08]

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy will be aware, the Summer Works Scheme has, since its introduction just a few years ago, transformed the standard of existing school accommodation. With over 3,700 projects now having been funded under the scheme, the Department’s intention is to concentrate the investment in school build- ings this year on delivering as many large projects as possible. While there will be a focus on providing extra places in developing areas, the Department will also be delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The emphasis, however, will be on new schools, exten- sions and major refurbishments, rather than on smaller projects. In the circumstances, there won’t be a new Summer Works Scheme as part of the Depart- ment’s building programme in 2008. At primary level, schools may use their devolved minor works grants for necessary small scale works while at post primary level capitation grants are intended, in part, for this purpose.

Schools Building Projects. 198. Deputy Jimmy Deenihan asked the Minister for Education and Science if she has approved the tender for the new primary school for Ballybunion, County Kerry; when work will commence on the project; and if she will make a statement on the matter. [2818/08]

Minister for Education and Science (Deputy Mary Hanafin): Tenders for the project referred to by the Deputy are currently with my Department.

863 Questions— 31 January 2008. Written Answers

[Deputy Mary Hanafin.]

Progression of all projects to tender and construction are considered in the context of my Department’s Multi-Annual School Building and Modernisation Programme. As indicated at the post budget education briefing I intend to announce shortly the first tranche of projects that will proceed to construction in 2008.

Medical Education. 199. Deputy Ruairı´ Quinn asked the Minister for Education and Science if the new graduate medical programme at the University of Limerick, leading to the degrees of Bachelor of Medi- cine and Bachelor of Surgery, entitles a graduate to automatic registration as a registered medical practitioner under the Medical Practitioners Act (details supplied) in the same way as those with such degrees from the NUI and the University of Dublin have an automatic entitle- ment; if not, if there are proposals for the Medical Council to extend such recognition to the course at Limerick University; if the university or the students currently enrolled are aware of the present situation; and if she will make a statement on the matter. [2826/08]

Minister for Education and Science (Deputy Mary Hanafin): The registration of medical practitioners is a matter for the Medical Council in accordance with the relevant legislative provisions which fall under the remit of my colleague the Minister for Health and Children. It is my understanding that the graduate entry programme at the University of Limerick is accredited by the Medical Council and that this accreditation is provisional as it is the Council’s policy that full accreditation is not given to any programme until a cohort of students have completed the programme. I understand that the Medical Council will be monitoring the Uni- versity of Limerick’s programme as it rolls out and obtaining the views of students is a key part of this review process. I believe that the University of Limerick is fully aware of the accreditation situation.

Proposed Legislation. 200. Deputy Joan Burton asked the Minister for Education and Science if legislation will be required in respect of new community VEC primary schools; if the heads of the legislation are ready; when this legislation will be brought before Da´il E´ ireann; if she will be establishing such schools as a part of a pilot project or if she proposes to await necessary legislation; and if she will make a statement on the matter. [2857/08]

Minister for Education and Science (Deputy Mary Hanafin): In December 2007 I announced that a new State model of community national school, under the patronage of County Dublin Vocational Education Committee (VEC), is to be piloted from September 2008. I also indicated that I would be bringing proposals to Government to provide necessary amending legislation to underpin the VEC role in the primary sector. Preparatory work is currently underway in this regard. I also indicated that I, as Minister, will act as interim patron in advance of the legislation being enacted. The Deputy will note the inclusion in that regard of the Education (Patronage) Bill on the recently published Government legislative programme.

Site Acquisitions. 201. Deputy Michael McGrath asked the Minister for Education and Science the position on the acquisition of a site for a new primary school (details supplied) in County Cork. [2873/08]

864 Questions— 31 January 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): A suitable site has been iden- tified for this school. The site comprises of three plots of land with three separate vendors. Agreement on price and general terms (subject to contract) has been reached in respect of each of the plots and draft Contracts are with the Chief State Solicitor’s Office for completion of the conveyancing process. My Department has instructed the Chief State Solicitor’s Office to finalise outstanding matters and to arrange for the signing of the Contracts and closure of the sales. When the site acquisition is complete, a building project for the school will be considered in the context of my Department’s 2008 budget allocation and the School Building and Modernis- ation Programme.

Schools Building Projects. 202. Deputy Michael McGrath asked the Minister for Education and Science the position on the appointment of a design team for a proposed new school building for a primary school (details supplied) in Cork City. [2874/08]

Minister for Education and Science (Deputy Mary Hanafin): The school referred to by the Deputy has submitted an application to the Department for capital funding towards the pro- vision of a new school and the long-term staffing figure on which accommodation needs will be based has been determined and notified to the school authority. It has been agreed that appropriate accommodation should be provided to cater for a long-term projected staffing of Principal plus 12 Mainstream Assistants plus appropriate ancillary accommodation. The build- ing project required will be considered in the context of the multi-annual School Building and Modernisation Programme.

203. Deputy Michael McGrath asked the Minister for Education and Science the position regarding the appointment of a design team at a primary school (details supplied) in County Cork. [2875/08]

Minister for Education and Science (Deputy Mary Hanafin): The process of appointing a design team to the school building project referred to by the Deputy is at an advanced stage. Progression of all projects to tender and construction will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme.

204. Deputy Michael McGrath asked the Minister for Education and Science the position regarding planned refurbishment work and a new building for a school (details supplied) in County Cork. [2876/08]

Minister for Education and Science (Deputy Mary Hanafin): An extension/refurbishment project proposed for the school referred to by the Deputy is at the early stages of architectural planning. The progression of the project will be considered in the context of the School Building and Modernisation Programme.

Road Safety. 205. Deputy Michael McGrath asked the Minister for Education and Science the steps her Department is taking to ensure that the road safety message is communicated to students in schools around the country; and if consideration is being given to practical road safety training initiatives for students. [2877/08]

865 Questions— 31 January 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): I believe that schools have a role to play both in teaching students about road safety issues and in helping them to develop the attitudes necessary to promote safe behaviour on the roads. The Social Personal and Health Education (SPHE) programme, which is mandatory in primary schools and at junior cycle level, provides a framework under which the generic values and skills which underpin responsible decision-making, and respect for the rights and safety of others, can be developed and promoted among students. SPHE has a specific personal safety strand within the programme, and this provides a mechanism through which road safety issues for all can be best dealt with in an age appropriate way. In February of 2007, the Road Safety Authority launched the RSA MACE “Safe to School” campaign at primary level. Due for its second phase in February of this year, the programme is aimed at helping primary school children learn effective road safety lessons. The 2007 campaign covered walking to school safely, in 2008 the campaign is focused around the topic of Cycling to School Safely. A dedicated website, www.safetoschool.ie, has also been launched as part of the campaign. The Streetwise programme for junior cycle pupils was launched in UN Road Safety Week on 24 April 2007. It covers road safety across 9 topics — walking, cycling, seatbelts, airbags, speed, driver fatigue, motor cycle safety, hazard recognition and the engineering aspects of road safety, to be delivered over nine class periods. In addition, a Road Safety programme for Transition Year, developed by the Road Safety Authority in collaboration with my Department, the National Council for Curriculum and Assessment and the Second level Support Service is being piloted in schools in the current school year for rollout in the 2008/09 school year. My Department will continue to work with the Road Safety Authority to strengthen the role of schools in promoting road safety even further.

Schools Building Projects. 206. Deputy Sea´n Sherlock asked the Minister for Education and Science if she will sanction funding for new primary school buildings at a school (details supplied) in County Cork. [2891/08]

Minister for Education and Science (Deputy Mary Hanafin): The school authority in question has submitted an application to my Department for a new school. Applications for large scale capital funding are assessed and banded in accordance with published prioritisation criteria. These criteria were agreed following consultation with the Education Partners and the pro- gression of individual projects is considered in the context of the multi-Annual School Building and Modernisation Programme.

207. Deputy Michael Ring asked the Minister for Education and Science the capital grants (details supplied) that have been announced for schools in County Mayo since the beginning of 2008. [2894/08]

Minister for Education and Science (Deputy Mary Hanafin): I am pleased to inform the Deputy that since the beginning of 2008 emergency works grants have been approved for St. Mary’s Secondary School, Ballina and Dookinella NS, Achill. As indicated at the post budget education briefing I intend to announce shortly the first tranche of projects that will proceed to construction in 2008.

866 Questions— 31 January 2008. Written Answers

Departmental Correspondence. 208. Deputy Michael Ring asked the Minister for Education and Science the reason no reply has issued from her Department to a letter dated 21 November 2007 for a person (details supplied) in County Mayo; and when a reply will issue in this matter. [2895/08]

Minister for Education and Science (Deputy Mary Hanafin): My Department has not replied to the letter referred to by the Deputy as its content is being considered in conjunction with an appeal currently on hand from the candidate concerned. A reply will issue shortly when my Department’s consideration of the candidate’s appeal has concluded.

Schools Building Projects. 209. Deputy Catherine Byrne asked the Minister for Education and Science when the school building unit of her Department will sign off on a new school building project (details supplied) in Dublin 12; if she will expedite the construction of a new school building which has been promised since 2000. [2943/08]

Minister for Education and Science (Deputy Mary Hanafin): Tenders for the project referred to by the Deputy are currently with my Department. Progression of all projects to tender and construction are considered in the context of my Department’s Multi-Annual School Building and Modernisation Programme. As indicated at the post budget education briefing I intend to announce shortly the first tranche of projects that will proceed to construction in 2008.

School Curriculum. 210. Deputy Catherine Byrne asked the Minister for Education and Science the stage the development of a senior cycle programme in social personal and health education is currently at; when she expects this programme will be implemented in schools; and if she will make a statement on the matter. [2944/08]

Minister for Education and Science (Deputy Mary Hanafin): A senior cycle programme in Social Personal and Health Education is being developed by the NCCA. To date, a draft curriculum framework has been published, and consultations on the draft have also been com- pleted. I look forward to receiving the recommendations of the Council on the matter at an early date.

Educational Support Services. 211. Deputy Catherine Byrne asked the Minister for Education and Science when a social personal and health education regional development officer, with responsibility for collabor- ation with the local drugs task-forces, will be appointed; and if she will make a statement on the matter. [2945/08]

Minister for Education and Science (Deputy Mary Hanafin): The Social Personal and Health Education support service through my Department has advertised three times for the position of Regional Development Officer with responsibility for collaboration with the Local Drug Task Force areas. On each occasion a suitable candidate was not forthcoming. The SPHE, in consultation with my Department, are currently examining ways of addressing this issue.

867 Questions— 31 January 2008. Written Answers

[Deputy Mary Hanafin.]

In the interim, in the absence of a dedicated person serving the needs of LDTF areas the SPHE team is currently facilitating all requirements within their regions.

Departmental Expenditure. 212. Deputy Kieran O’Donnell asked the Minister for Education and Science the review processes that have taken place or she has requested to be undertaken in respect of the budget- ing, financial and reporting systems within her Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if she will make the reports findings public; and if she will make a statement on the matter. [3018/08]

Minister for Education and Science (Deputy Mary Hanafin): The Management Information Framework (M.I.F) project has been developed in this and other Departments over the past few years. The purpose of the M.I.F. is to improve public sector financial management. In general the development of the MIF has contributed, in line with its objectives, to improved financial management, performance measurement and accountability. Overall finan- cial service has been improved with greater efficiency in terms of processing financial trans- actions and accounts, higher levels of productivity, provision of better quality information to managers and improved customer service. The work to date on implementing MIF in this Department has mainly focused on the installation, maintenance and development of a modern Financial Management System (FMS). The FMS replaced a mostly manual system and has substantially modernised the financial management of the Department. Further developments of the FMS were dependent on an upgrade of the system. This upgrade was completed recently and planned developments will proceed from 2008 onwards. The operation of the system is continually under review. The information requested by the Deputy in relation to bodies under the aegis of the Depart- ment is currently being compiled and will be forwarded to the Deputy as soon as possible.

Schools Amalgamation. 213. Deputy Jimmy Deenihan asked the Minister for Education and Science the position regarding the amalgamation of schools (details supplied) in County Kerry; and if she will make a statement on the matter. [3028/08]

Minister for Education and Science (Deputy Mary Hanafin): My Department has carried out a technical assessment of the existing school buildings and sites to determine their suitability to host the proposed amalgamation. This assessment has ruled out the use of the existing buildings and sites for the purposes of accommodating the amalgamated school. The Parish has offered to make a greenfield site available for an amalgamated school. My Department has carried out a technical inspection of this proposed site and has deemed it suitable for the proposed amalgamated school. An assessment of projected enrolment trends, demographic trends and housing devel- opments in the area is necessary in order to determine the long term projected staffing figure on which the amalgamated schools accommodation needs will be based. Once the long term projection has been determined and agreed with the school authorities the building project will be considered in the context of the multi annual School Building and Modernisation programme.

868 Questions— 31 January 2008. Written Answers

Schools Building Projects. 214. Deputy Jimmy Deenihan asked the Minister for Education and Science when a technical team will visit a school (details supplied) County Kerry to decide on the design and site for the new school that has been approved to replace the existing defective building; and if she will make a statement on the matter. [3029/08]

Minister for Education and Science (Deputy Mary Hanafin): An application for capital fund- ing towards the provision of an extension at the school to which the Deputy refers was received and assessed. The long term projected staffing for the school has been determined and notified to the school authority. A technical assessment of the existing accommodation is required in order to determine how best to provide for the school’s future accommodation needs. My officials will be in contact with the school authority to arrange a suitable date for this assessment.

215. Deputy Enda Kenny asked the Minister for Education and Science if the breakdown of the 2008 building budget between the devolved and other schemes has been determined; and if she will make a statement on the matter. [3031/08]

Minister for Education and Science (Deputy Mary Hanafin): Under my Departments School Building and Modernisation Programme there will be close to \600 million available to address first and second level school infrastructure deficits/improvements in 2008. While there will continue to be a focus next year on providing extra places in developing areas, my Department will also be delivering improvements in the quality of existing school accommodation through- out the country. The emphasis in 2008 however will be on delivering as many large-scale pro- jects such as new schools, extensions and major refurbishments, rather than on smaller projects. The level of investment in school buildings has never been greater. And with \4.5 billion to be invested in this area under the National Development Plan over the next few years, further significant progress will be made. My Department’s School Building and Modernisation Programme is generally divided into a number of component elements or sub programmes. These include Large Scale Building Projects (new school buildings and major extensions/refurbishments); Emergency Works; Site Acquisitions; Remediation Programmes (asbestos removal, radon mitigation); Devolved schemes; Furniture and Equipment; provision of Temporary Accommodation etc. The level of funding available to each sub programme has not yet been finalised.

Teacher Training. 216. Deputy Enda Kenny asked the Minister for Education and Science the level of training given to trainee teachers to provide an element of understanding of applied behaviour analysis teaching skills; and if she will make a statement on the matter. [3032/08]

Minister for Education and Science (Deputy Mary Hanafin): As part of initial teacher edu- cation, student-teachers access modules in special educational needs (SEN) to assist them in meeting the diversity of students in today’s inclusive classrooms. Trainee teachers receive instruction with regard to the appropriateness of application of behavioural principals to learn- ing. The full-time pre-service teacher training courses for the primary education sector (in the Colleges of Education) contain specific elements aimed at enabling all student teachers to recognise and deal with children having special educational needs, such as pupils with autism.

869 Questions— 31 January 2008. Written Answers

[Deputy Mary Hanafin.]

The level of mandatory engagement of students in relation to SEN varies from College to College, however students may also have the opportunity to take elective modules in this area. The SEN/Educational Psychology content of initial teacher training generally introduces and explains a range of different approaches to a student’s individual or behavioural needs, includ- ing applied behaviour analysis. As a rule an overview of the different approaches is given and an explanation of how such approaches would be applied in the classroom. In relation to second level sector, there are elements to both the Higher Diploma in Edu- cation and the Education Degree programmes, as part of a general alertness orientation prog- ramme, on a variety of learning difficulties which pupils may have. The provision in teacher training programmes is consistent with the Government’s belief that as each child with autism is unique; such children should have access to a range of different approaches to meet their individual needs. Applied behavioural analysis, or ABA, is one of the methods used in special classes for children with autism. Advice received from international experts on autism, the National Educational Psychologi- cal Service and the inspectorate inform the Department of Education and Science’s view that a range of approaches should be used, rather than just one. An analysis of research, including the report of the Irish Task Force on Autism, also supports this approach, and autism societies in other countries also caution against relying on just one intervention. By enabling children in special classes to have access to a range of methodologies, including ABA, the Government is doing what we are advised is in the best interests of such children. My Department, therefore, supports the use of ABA and training is provided for teachers in its use. However, my Department does not accept, based on research, advice and best prac- tice, that it should be the only method used. Whereas ABA helps to improve behaviour, other methods, such as TEACCH and PECS, are just as important in developing children’s communi- cation and speech skills. Children in special classes have the benefit of fully-qualified teachers trained in educating and developing children generally and who have access to additional train- ing in autism-specific approaches, including ABA. The level of such training available to teachers has significantly improved in recent years and is a major priority for the Government.

Special Educational Needs. 217. Deputy Enda Kenny asked the Minister for Education and Science if she will confirm funding for an autism support unit for County Mayo in respect of which contact has been made with her Department; and if she will make a statement on the matter. [3033/08]

Minister for Education and Science (Deputy Mary Hanafin): The request for funding to which the Deputy refers is associated with an application from the organisation in question for inclusion in the Applied Behavioural Analysis (ABA) pilot programme which is funded by my Department. The pilot programme will not be expanded and applicant groups have been so advised. The Deputy will be aware of my commitment to ensuring that all children including those with special needs can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes (IEPs), fully qualified professional teachers who have received additional training in autism, special needs assistants, and the appropriate school cur- riculum with the option where possible of full/partial integration and interaction with other

870 Questions— 31 January 2008. Written Answers pupils. As each child with autism is unique it is important that children have access to a range of methods so their broader needs can be met. In excess of 275 autism-specific classes have now been approved around the country at primary and post primary level by my Department in conjunction with National Council Special Education (NCSE), while more are being set up as required. At primary level there are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them on a case by case basis. The pilot programme was established in the absence of this network of special classes in our schools. The Deputy will be aware that the Programme for Government commits to the long- term funding for the centres that are currently in the ABA pilot programme subject to agree- ment with my Department on standards that will enable the Department to support them as primary schools for children with autism. I am pleased to advise that the issue is being actively progressed. In terms of autism provision in other locations, we will continue to work to ensure that all children can have access to a broad programme, with provision for ABA as appropriate, in special classes.

218. Deputy Enda Kenny asked the Minister for Education and Science the schools in County Mayo that provide autism specific education for second level students; and if she will make a statement on the matter. [3034/08]

219. Deputy Enda Kenny asked the Minister for Education and Science the choice open to parents in respect of autistic children in their being sent to schools of parental choice where parents are happy with the level and range and type of education provided for their children; and if she will make a statement on the matter. [3035/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 218 and 219 together. The Deputy will be aware of my commitment to ensuring that all children, including those with autism, receive an education appropriate to their needs, preferably in school settings where children may have access to individualised education programmes (IEPs), fully-qualified professional teachers who have received additional training in autism, special needs assistants, the appropriate school curriculum with the option, where possible and appropriate, of full/partial integration and interaction with other pupils. This approach promotes the maximum level of inclusion which accords with the intent of the EPSEN Act. While some children may be able to attend a mainstream class at primary or post primary level with or without support, for others the most appropriate provision may be in a special class or unit in the school. As the Deputy will be aware, the National Council for Special Education (NCSE) is respon- sible, through its network of local Special Educational Needs Organisers, for the establishment of special classes for autism and for allocating resource teachers and special needs assistants to schools to support children with special needs. In excess of 275 autism-specific classes have now been approved around the country at primary and post primary level. The NCSE is con- tinuing to establish classes as required, and has advised that it is planning towards the first ASD class at post primary level in Co. Mayo, provisionally scheduled to open in the 2008/2009 school year.

871 Questions— 31 January 2008. Written Answers

Departmental Expenditure. 220. Deputy Kieran O’Donnell asked the Minister for Defence the review processes that have taken place or he has requested to be undertaken in respect of the budgeting, financial and reporting systems within his Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if he will make the reports’ findings public; and if he will make a statement on the matter. [3017/08]

Minister for Defence (Deputy Willie O’Dea): I am satisfied that appropriate budgeting, fin- ancial and reporting systems are in place in my Department and bodies under its aegis. These systems are reviewed on an ongoing basis by management and are also subject to review by the internal audit unit of my Department and by the Comptroller and Auditor General. No formal reviews of the kind referred to in the Deputy’s Question have been undertaken recently or are planned.

Freedom of Movement. 221. Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the steps in place, or proposed, to refuse, limit or restrict the right of citizens of other EU member states with serious criminal records from travelling into and remaining in Ireland; and if he will make a statement on the matter. [2461/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Freedom of move- ment is a fundamental right of European citizens enshrined in the EC Treaty. The intention behind this principle is the removal of all internal borders of the EU. The obligations on Member States to permit the free movement of European citizens are set out in Directive 2004/38/EC which is transposed into Irish law by the European Communities (Free Movement of Persons) (No. 2) Regulations 2006. Provision is made in the Directive for a right of entry (in Article 5) to all Union Citizens to enter the territory of the Member state with the production of ‘a valid identity card or passport’. The Article further provides that ‘No entry visa or equivalent formality may be imposed’. The Directive also provides (in Article 27) that ‘ Member States may restrict the freedom of move- ment and residence of Union citizens’, however, these measures ‘shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned. Previous criminal convictions shall not in themselves constitute grounds for taking such measures’. The scope for a Member State to refuse entry to its territory is further restricted to the extent that the ‘personal conduct of the individual concerned must represent a genuine, present and sufficiently serious threat...’ and that ‘ Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted’. Expulsion decisions by Member States on public policy or public security grounds are simi- larly restricted and may only be taken on ‘serious grounds’ following full consideration of the persons circumstances including ‘how long the individual concerned has resided on its territory, his/her age, state of health, family and economic situation, social and cultural integration ... and the extent of his/her links with the country of origin’. As can be read from the foregoing, it is very difficult in EU law to impede the free movement of European Union citizens. I have concerns in this area and have relayed them to the European Commission. It is essential that something as valuable and important to the success of the EU is not undermined by persons who abuse the privilege.

872 Questions— 31 January 2008. Written Answers

Sale of Fireworks. 222. Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will raise directly with his counterpart in Northern Ireland, the possibility of introducing an all- island ban on the sale and unlicensed use of fireworks; and if he will make a statement on the matter. [2463/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): As the Deputy may be aware, the Explosives Act 1875 provides for the control of the importation, manufacture, storage and sale of fireworks. Accordingly, fireworks may not be imported into the State except under an importation licence granted by my Department. It is long standing policy that these licences are granted only for organised displays conducted by competent and professional oper- ators. The 1875 Act was amended by the Criminal Justice Act, 2006 which came into effect in August, 2006 to provide for new offences governing the possession of illegally imported fire- works with intent to supply. The amendments also provided for significantly increased penalties governing the illegal importation, sale and use of fireworks. Officials of my Department meet, from time to time, with their counterparts in Northern Ireland to discuss issues of mutual concern in relation to the control of fireworks. However, as the Deputy will appreciate, any possible change in Northern Ireland’s fireworks policy is a matter for the relevant authorities in that jurisdiction to consider.

Noise Pollution. 223. Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the type and level of enforcement action taken by the Gardaı´ to enforce laws governing the noise emissions from cars and motorcycles; the equipment which the Gardaı´ have for this specific purpose; and if he will make a statement on the matter. [2464/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 set out the legislative basis for prosecution due to excessive noise levels of vehicles. Current permissible sound levels are set by EU Directive. I am further informed that 714 proceedings were commenced and 349 convictions were recorded for offences contrary to the legislation in 2006. In 2007, 514 pro- ceedings were commenced and 157 convictions were recorded. Some offences detected, partic- ularly those detected in 2007, have not yet reached the courts. I am informed by the Garda authorities that they are reviewing the suitability of various sound meters which will meet the specifications for sound measuring devices set out in Directive 92/97/EEC with a view to improving the collection of the technical evidence necessary for the prosecution of drivers whose vehicles produce excessive levels of noise.

Proposed Legislation. 224. Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform if he has received a final submission from the Chief Justice on the proposals to establish a body to regulate the judiciary; if, in the absence of such a submission, he will proceed with the publi- cation and enactment of that legislation as a matter of priority; and if he will make a statement on the matter. [2465/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): As I indicated in my reply to Question No. 57 on the same topic on 13 December last, work on the scheme of the Judicial Council Bill to build on the report of the Committee on Judicial Conduct and

873 Questions— 31 January 2008. Written Answers

[Deputy Brian Lenihan.] Ethics is at an advanced stage of development in my Department. That Report recognised the need for a procedure for dealing with complaints of judicial misconduct which, while serious in itself, might not warrant the ultimate sanction of impeachment by the Oireachtas. Consul- tations on the proposed Bill have, as is usual in the development of any legislative proposals, taken place with the Office of the Attorney General. It was also considered prudent, given the particular nature of the subject, to consult with the Chief Justice. While some preliminary views were received, the Chief Justice requested an opportunity to offer further views at a later stage. The Chief Justice has confirmed that the proposals for a Judicial Council are being examined across the various court jurisdictions and has advised me of progress in that respect. In that regard, I am advised that there will be a meeting shortly involving the Chief Justice to discuss the details of the proposed structure of the Judicial Council. I welcome this progress on examin- ation of the proposals and look forward to progressing the necessary legislation in this respect.

Garda Equipment. 225. Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform if members of the Garda Sı´ocha´na are exempt from the ban on the use of hand held mobile telephones while driving; the basis for such exemption; his views on whether such exemption is warranted in view of the availability of hands-free mobile telephones; and if he will make a statement on the matter. [2790/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Section 3(1) of the Road Traffic Act 2006 creates an offence of holding a mobile phone while driving a mechan- ically propelled vehicle. Under section 3(2) of the Act this prohibition does not apply to a member of the Garda Sı´ocha´na who is acting in the course of his or her duties and holding a mobile phone in relation to the performance of his or her duties. I am informed by the Garda authorities that the legal exemption for members of the Garda Sı´ocha´na is needed as oper- ational requirements may dictate that it is necessary to hold a mobile phone while driving.

Garda Stations. 226. Deputy Shane McEntee asked the Minister for Justice, Equality and Law Reform if there are proposals for a full time Garda station in Dunboyne, County Meath in view of its increasing population and a number of recent serious incidents; and if he will make a statement on the matter. [2791/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I have been informed by the Garda Commissioner that the personnel strength of Dunboyne Garda Station on 31 December, 2007 (the latest date for which figures are readily available) was 16. The opening hours for the station are from 10 a.m. to 1 p.m. Monday to Saturday and from 12 noon to 1 p.m. on Sunday. An increase in the opening hours of Dunboyne Garda Station would necessitate the employment of additional Garda personnel on indoor administrative duties who are more effectively employed on outdoor policing duties. Local Garda Management report that Dunboyne is patrolled on a 24 hour basis. Garda personnel assigned throughout the Coun- try, together with overall policing arrangements and operational strategy, are continually moni- tored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The situation will be kept under review and when additional personnel next become

874 Questions— 31 January 2008. Written Answers available the needs of Dunboyne Garda Station will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country.

Joint Policing Committees. 227. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the arrangements in place to facilitate the input by JPCs into the district and divisional policing plans for 2008; if he will provide details of the scheduling that has been worked out to facilitate same; and if he will confirm if all superintendents are aware that the JPCs have a statutory function in terms of informing local policing plans. [2839/08]

228. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform when he will publish the findings of the evaluation of the pilot JPCs; the way and when the remaining JPCs will be rolled out; and if he anticipates changes to the guidelines governing the original pilots. [2840/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I propose to take Questions Nos. 227 and 228 together. Paragraph 5.3 of the guidelines under which the Joint Policing Committees operate provides that a Committee or a subcommittee of a Committee will act as a mechanism through which, firstly, elected representatives and local communities can have a role in conveying information and views to Garda Divisional and District officers to assist them in the formulation and oper- ation of their policing plans and, secondly, Garda Divisional and District officers can convey information and views to elected representatives and local communities to assist them in carry- ing out their duties, functions and activities. I am informed by the Garda authorities that Garda members of Joint Policing Committees are aware of the Committees’ function with regard to local policing plans. The Committees provide a forum for consultations, discussions and recommendations on policing issues of local concern. Those consultations, discussions and recommendations inform as appropriate the formulation of Garda local policing plans. Follow- ing completion of the evaluation of the operation of the Committees in the pilot phase, revised guidelines will be drafted, taking into account the outcome of the evaluation and the experience of the pilot Committees. Following consultations with my colleagues, the Ministers for the Environment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs, I intend to issue as soon as possible revised guidelines to enable roll out of the Committees to all local authority areas in the State. The guidelines will provide inter alia a timetable for the roll-out. As the revised guidelines will be the output of the evaluation, it is not intended to publish the evaluation’s findings as such.

Human Trafficking. 229. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the way and the steps through which the Gardaı´ intend to improve their co-operation with other police forces in relation to human trafficking; the size of the dedicated allocation of Gardaı´ to Operation Pentameter; and if this number will be increased. [2841/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Garda authorities that in recognising the international dimension to the phenomenon of human trafficking the Garda Sı´ocha´na is actively participating in a number of anti-human trafficking related initiatives involving law enforcement agencies in other jurisdictions. Liaison

875 Questions— 31 January 2008. Written Answers

[Deputy Brian Lenihan.] at international level between the Garda Sı´ocha´na and other law enforcement agencies through the exchange of information, intelligence and best practice forms part of the approach of the Garda Sı´ocha´na to tackling this crime. A network of members of the Garda Sı´ocha´na are employed as liaison officers in major cities of a number of EU Member States and in inter- national organisations such as Europol and Interpol to assist in the anti-human trafficking work of the Garda Sı´ocha´na. Gardaı´ participate in high level meetings organised by Europol, Interpol and Frontex and also inter-act with countries of origin of those suspected of being victims of human trafficking. The Garda Sı´ocha´na and officials from my Department are taking a lead role in an anti-human trafficking initiative known as the G6 Human Trafficking Initiative. This G6 Initiative involves Ireland, the UK, Poland, Italy, France, Spain and the Netherlands as well as the international organisations, Interpol, Europol and Eurojust. The most recent meeting of the G6 initiative was hosted by Ireland at Dublin Castle on 15 January 2008. As part of this Initiative the Garda Sı´ocha´na has commenced an operation designed to prevent the trafficking of minors into, out of, and within the State. The operation aims to ensure that the welfare of suspected victims of such criminal activity is adequately provided for, and to commence prosecutions where criminal activity has been detected. The signing of a Memorandum of Understanding between the United Kingdom Immigration Service and the Garda Sı´ocha´na facilitates the exchange of data and further enhances the working relationship between the immigration services within the Common Travel Area. Co- operation is taking place in a number of ways, including intelligence sharing, joint training and operational cooperation where investigations have a cross-border, UK/Ireland dimension. Operation Pentameter is a proactive and co-ordinated campaign of activity to tackle the traf- ficking in human beings for sexual exploitation throughout the common travel area of the United Kingdom and Ireland. Operation Pentameter 2 was launched by the UK Home Sec- retary on 3 October 2007. The operation is led by Gloucestershire Constabulary. One of the main objectives of Pentameter 2 is to raise awareness, particularly among those who purchase sexual services, of the scale and nature of the problem of trafficking of human beings for the purpose of sexual exploitation as a means of reducing demand. A senior officer at Detective Superintendent rank from the Garda Sı´ocha´na has been appointed as liaison officer with Operation Pentameter and sits as an observer on the Oper- ation’s Gold Command Team. He continues to meet his counterparts in the UK on a regular basis with a view to ensuring that coordination of activity between the two jurisdictions in tackling human trafficking is in place. Joint operations by the Garda Sı´ocha´na and UK Immi- gration Service continue to be part of immigration policy to prevent and detect abuses of the Common Travel Area by human traffickers. Over 175 personnel, Garda and civilian, are allo- cated to the Garda National Immigration Bureau and members are deployed in relation to matters arising from Operation Pentameter and other anti-trafficking operations as required. Personnel attached to bureau have received training in the investigation of human trafficking to an international level. The Garda Sı´ocha´na has developed its own human trafficking related training course. The UK Human Trafficking Centre and the International Organisation for Migration have assisted in the delivery of the training courses. The training has been delivered to about 150 participants in 2006/2007. Through the Garda Sı´ocha´na’s involvement in Oper- ation Pentameter a number of officers of the Police Service of Northern Ireland have also participated in the training courses provided by the Garda Sı´ocha´na Training College. Within this jurisdiction, the Garda National Immigration Bureau continues to liaise with governmental and non-governmental organisations, including Ruhama and the International Organisation for

876 Questions— 31 January 2008. Written Answers

Migration, to ensure the exchange of information regarding suspected trafficking in human beings.

Law Reform Commission. 230. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the primary recommendation of the Law Reform Commission’s Report on Spent Convictions LRC 84-2007 has not been implemented; and if he will take steps to arrange for its implementation. [2842/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The draft Bill attached to the Report from the Law Reform Commission, which was published in July 2007, was introduced in the Da´il as a Private Members Bill in October 2007. The Bill gives effect to the report’s recommendations. I support its proposals, in principle, and I am considering arrangements to facilitate its progress through the Oireachtas.

Police Co-operation. 231. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform if he will make a statement listing and describing the protocols governing co-operation between the PSNI and the Gardaı´. [2843/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Garda Sı´ocha´na and the Police Service of Northern Ireland (PSNI) engage in close and ongoing reciprocal co- operation on a number of levels, including:

• mutual legal assistance;

• direct police to police contact on both formal and informal bases; and

• agreements and protocols, pursuant to law or otherwise.

With specific regard to police-to-police protocols, there are two arrangements which govern such co-operation. The first protocol relates to the exchange of personnel between the two police services with a view to further improving bilateral policing co-operation between the jurisdictions. This protocol facilitates the exchange of personnel between specific police stations for periods of time not exceeding one year. For the duration of their placement, seconded police officers remain full members of their respective police services and do not exercise police powers in the other’s jurisdiction. The second protocol relates to the secondment of staff with policing powers between the two jurisdictions. Through such secondments, it is expected that bilateral co-operation between the two police services may be further strengthened. Such secondments may run for no longer than three years. Both protocols were entered into pursuant to the provisions of the Intergovernment Agree- ment on Police Co-operation between Ireland and Britain, signed in April 2002.

Sex Offenders. 232. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the status of a memorandum of understanding on information sharing arrangements with regard to sex offenders negotiated by his Department and the British Home Office referenced

877 Questions— 31 January 2008. Written Answers

[Deputy Aengus O´ Snodaigh.] by his predecessor in a parliamentary exchange on 9 March 2006; and the substance of that memorandum. [2844/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): On 27 November, 2006 a Memorandum of Understanding on information sharing arrangements between Ireland and the UK relating to sex offenders was signed by my predecessor as Minister for Justice, Equality and Law Reform and Mr. Vernon Coaker, Under-Secretary of State at the British Home Office, in Hillsborough. The MOU was negotiated between my Department and the Home Office, with input from the Northern Ireland Office. It relates to information about persons travelling between Ireland and the UK and who are subject to sex offender notification requirements in their own juris- diction. Such information is being shared for the purposes of protecting the public from the risks presented by sex offenders and investigating serious sexual offences. The transmission of any information necessary to achieve these purposes is covered. As a result of the MOU, the exchange of such information between the Garda Sı´ocha´na and Northern Irish and British police forces, which of course had already been taking place for some time, is now on a formal footing.

Garda Investigations. 233. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 505 of 18 December 2007, relating to a report made on an RTE´ production that their investigator was given access to a confidential Garda file (details supplied), if charges have or will be pressed against any Garda in relation to the disclosure given that such disclosures of confidential information to the media risk jeopardising the success of future criminal proceedings. [2845/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Garda authorities that enquiries directed by the Commissioner arising from the RTE´ pro- duction referred to by the Deputy are continuing. As this is an ongoing Garda investigation it would be inappropriate for me to comment further at this time.

Children Act 1997. 234. Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform the provisions in the Children Act 1997 that are not yet in force; the reason for the delay in bringing them into force; and the action proposed by him. [2851/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Sections 26 (social reports in the District Court) and 28 (appointment of guardian ad litem for a child and provision for separate representation of a child) of the Guardianship of Infants Act 1964, as inserted by the Children Act 1997, remain to be brought into operation by Ministerial order. The matter will be considered further in the light of experience of the system to be funded by the Courts Service for the provision of reports to the family law courts that is referred to in my reply to Priority Question No. 5 of 13 December 2007.

Anti-social Behaviour. 235. Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform the number of warning notices issued to children for alleged anti-social behaviour pursuant to the

878 Questions— 31 January 2008. Written Answers

Criminal Justice Act 2006 during 2007; the number of anti-social behaviour orders sought and granted by the courts in respect of children and adults during 2007; and the number of appli- cants for such orders presently awaiting determination by the District Court. [2852/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behav- iour by adults, was commenced on 1 January, 2007. Part 13 of the Act relating to anti-social behaviour by children was commenced on 1 March, 2007. These provisions set out an incremen- tal procedure for addressing anti-social behaviour by adults and children. With regard to chil- dren, these range from a warning from a member of An Garda Sı´ocha´na, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children’s Court. I am informed by the Garda authorities that in 2007 443 behaviour warnings were issued to adults and 132 to children. Four good behaviour contracts were issued to children. I am further informed that there were three applications made to the courts for orders under the Criminal Justice Act 2006. One of these did not result in an order being made and the others are before the courts.

Sex Offenders. 236. Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform the number, in respect of each year since the coming into force of the Sex Offenders Act 2001, of convicted sex offenders who have been released subject to post release supervision orders and the number of such offenders currently subject to a post release supervision order being super- vised by the Probation and Welfare Service. [2853/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I can advise the Deputy that since the commencement of the Sex Offenders Act, 2001 on 27 September 2001, the number of convicted sex offenders who have been released subject to post-release super- vision Orders, pursuant to Section 29 of the Act, is 133. The tabular statement below sets out the year-by-year breakdown.

Sex Offenders released and subject to supervision orders

2001 2002 2003 2004 2005 2006 2007 2008

— 7 7 19353629—

I can further advise the Deputy that there are currently 83 sex offenders subject to post-release supervision orders being supervised by the Probation Service.

Garda Stations. 237. Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform his views on the establishment of a local police station in the Ongar area of Dublin 15 and to the servicing of the entire Ongar area from the Blanchardstown station; and if he will make a statement on the matter. [2856/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The detailed allo- cation of Garda resources and the designation of areas to be covered by any individual Garda District are matters for the Garda Commissioner to decide in accordance with his identified operational requirements. As set out in the 2008 Policing Plan, which I recently approved 879 Questions— 31 January 2008. Written Answers

[Deputy Brian Lenihan.] before laying it before both Houses of the Oireachtas, An Garda Sı´ocha´na plans to carry out an examination this year of Divisions and Districts within the Dublin Metropolitan Region in light of demographic and infrastructural changes and for the purposes of alignment with the four local authority areas. I am informed by the Garda Authorities that the coverage by the Force of the Ongar area of west Dublin forms part of these deliberations.

Garda Expenditure. 238. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the cost on a yearly basis for the hire of interpreters by An Garda Sı´ocha´na in County Clare for the years 2005, 2006 and 2007; and if he will make a statement on the matter. [2893/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The expenditure for the hire of interpreters by An Garda Sı´ocha´na in the Clare Division for the years 2005, 2006 and 2007 is set out in the table below. I have also been informed by the Garda authorities that a request for tender is currently being prepared for the supply of interpretation and trans- lation services for An Garda Sı´ocha´na on a national basis.

2005 2006 2007

\3,646 \12,354 \40,279

Residency Permits. 239. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an updated stamp four will issue in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [2948/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): As this case is the subject of legal proceedings, I am unable to comment on same.

240. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [2949/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to Parliamentary Questions No. 249 of Thursday, 25 May 2006 and No. 168 of Thursday, 11 May 2006 and the written replies to those Questions. The person concerned arrived in the State on 16 January 2003 and applied for asylum. The application was refused following consideration of her case by the Office of the Refugee Appli- cations Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), she was informed, by letter dated 23 November 2005, re-issued on 12 May 2006, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why she should be allowed to remain in the State. Representations have been received on behalf of the person concerned. I understand that the file of the person concerned is cur- rently being processed by Officials in my Department. I expect the file to be passed to me for 880 Questions— 31 January 2008. Written Answers decision within the next two weeks. When a decision has been made, this will be conveyed, in writing, to the person concerned.

Asylum Applications. 241. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2950/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to replies given to Parliamentary Questions No. 193 of Thursday 8 November 2007, No. 956 of Wednesday 26 September 2007, No. 139 of Thursday 28 September 2006, No. 70 of Thursday 15 June 2006 and No. 248 of Thursday 16 February 2006. The person concerned arrived in the State on 26 February 2003 and applied for asylum. The application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), he was informed, by letter dated 15 February 2005, that the Minister proposed to make a deport- ation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations have been received on behalf of the person concerned. I understand that the file of the person concerned is currently being processed by Officials in my Department. I expect the file to be passed to me for decision within the next two weeks. When a decision has been made, this will be conveyed in writing to the person concerned.

Residency Permits. 242. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2951/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person con- cerned arrived in the State on 31 January 2006 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Com- missioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), he was informed, by letter dated 31 August 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of submit- ting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

243. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2952/08]

881 Questions— 31 January 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person con- cerned arrived in the State on 7 July 2003 and applied for asylum. The application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), he was informed, by letter dated 7 July 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were received on behalf of the person concerned. On 10 October 2006, Regulations known as the European Communities (Eligibility for Protection) Regulations, 2006, S.I. No. 518 of 2006 came into force. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regu- lations and this application will be considered in due course. When consideration of this appli- cation has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Citizenship Applications. 244. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of an application for residency in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [2953/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I would refer the Deputy to the Reply given by my predecessor to his Da´il Question Number 363 of Wednesday 27 September 2006 and the Reply given by me to his Da´il Question Number 200 of Thursday 8 November 2007. The status of the person concerned remains as set out in those Replies.

245. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of an application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2954/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to the answer to Parliamentary Question number 975 put down for answer on 26 September 2007. I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in January 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department. The Immigration Division of my Department will be in contact shortly with the person concerned seeking further clarification.

Visa Applications. 246. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in the matter of the application for family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [2955/08]

882 Questions— 31 January 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person con- cerned, along with his spouse made an application for asylum in the State on 28 September 1997. On 11 November 1997 the spouse gave birth to a child. They subsequently withdrew their asylum application and sought residency on the basis of parentage of an Irish born child and this was approved. On the 11 October 2004 the person in question became a naturalised Irish citizen. Accordingly, the entitlement to seek family reunification under the Refugee Act does not apply in this case. As the family members in question are visa required nationals, it is open to them to make visa applications to enter the State. They can then outline their circumstances and provide supporting documentation to accompany their visa applications. To date, visa applications on behalf of the three persons in question have not been made. The person in question has been in correspondence with the Immigration Division of my Department regarding his family circumstances. A reply will issue shortly.

Residency Permits. 247. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to extended residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [2956/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to Replies given to Parliamentary Questions No. 232 of Thursday 28 June 2007, No. 142 of Thursday 28 September 2006 and No. 63 of Thursday 15 June 2006. The person concerned arrived in the State on 9 May 2005 and applied for asylum. His application was refused follow- ing consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), he was informed, by letter dated 12 June 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of submit- ting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

248. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2957/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to my reply to Parliamentary Questions 207 of 29 June 2006 and 943 of 26 September 2007. The position remains the same.

249. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [2958/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I would refer the Deputy to the reply my predecessor gave to his Da´il Question No. 133 of Thursday 29 March, 2007. The status of the person concerned remains as set out in the reply.

883 Questions— 31 January 2008. Written Answers

Citizenship Applications. 250. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a stamp four card has been restored in the case of a person (details supplied) in County Dublin who has applied for naturalisation; and if he will make a statement on the matter. [2959/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to Parliamentary Question Number 231, put down for answer on 28 June 2007. The person in question was the subject of a Family Reunification application which was approved in March 2002. Correspondence issued to the person concerned and his legal representative in August 2007 advising him that his permission to remain in the State was being renewed. The person in question was also advised to report to the Garda National Immigration Bureau, 13/14 Burgh Quay, Dublin 2 to have the appropriate permission endorsed on his passport and to have a Certificate of Registration issued in respect of him. Enquiries made by the Immigration Division of my Department indicate that the person concerned has contacted the Garda National Immigration Bureau and has renewed his per- mission to remain until 26 July 2008.

Asylum Support Services. 251. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if permission can or will be given to relocate to self catering accommodation in the case a person (details supplied) in County Cork; and if he will make a statement on the matter. [2960/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accord- ance with the Government policy of direct provision and dispersal. The RIA is currently accom- modating almost 7,000 people in 60 centres in 22 counties. In addition to direct provision accommodation, the Agency operates a very limited number of self-catering accommodation centres in certain parts of the country. This accommodation is reserved for special needs and extreme medical cases in the main. It is important to understand that in no circumstance are persons resident within the RIA system entitled as of right to self catering accommodation irrespective of the length of time they are in the asylum system and the special needs involved. No new self catering centres are planned and the value of retaining the existing centres is under review. The RIA is satisfied that all of the material needs of asylum seekers can be met within the direct provision system. I am informed that the person referred to in the question is currently accommodated at Glenvera Accommodation Centre in Cork City. This person applied for asylum on 20 May, 2003. The RIA received an application for transfer to self-catering accommodation (as per details supplied with this question by the Deputy) on 29 September, 2007. This request was given due consideration and was referred to the RIA’s Medical Referee for a recommendation. There was no recommendation to grant and the request for a transfer was refused. In relation to food, the RIA places particular emphasis on meeting, to the greatest extent possible, the dietary needs of residents and, in this regard, 28-day menu cycles are in place in all large centres. The menus offered reflect the reasonable needs of the different ethnic groups and the reasonable prescribed dietary needs of any person accommodated in centres.

884 Questions— 31 January 2008. Written Answers

All contractors are required to serve, breakfast, lunch and dinner each day. At the centre of the person referred to above is accommodated breakfast consists of eggs, a choice of 4 cereals, a choice of 2 juices, a selection of fruit, milk, tea, coffee, toast, brown and white bread and a selection of spreads, jams and preserves. Lunch consists of a choice of 3 light main course (varied daily) together with vegetables, pasta, rice, potatoes, juice, tea and coffee. Dinner includes a choice of 2 starters (1 hot and 1 cold) or desert or yogurt and a choice of 3 main courses (varied daily) to include a meat dish, a fish dish and a vegetarian dish. Tea, coffee, toast, are made available outside of normal meal times. All contractors are required to consult regularly with residents to ascertain what foods they prefer and how such foods should be cooked. These meetings are particularly important where many ethnic groups may be accommodated in the same centre and where there are residents who have special dietary requirements. Menus are kept under review and are revised from time to time with a view to meeting the ethnic and special dietary needs of residents to the greatest extent possible. Regular inspections of centres by RIA staff and by an Independent Inspectorate are carried out and appropriate measures are taken where the requirements of residents are not being met. In addition, RIA staff, including senior management, regularly eat in centres to ensure that the fare on offer is of the standard required. In relation to the running of centres, residents are provided with a copy of the House Rules and Procedures, which incorporates a complaints procedure. Management organises regular meeting with residents where issues can be addressed. Moreover, RIA staff regularly hold ‘clinics’ in centres where residents can raise issues in relation, inter alia, the running of the centre, the provision of services at the centre and any problems with quantity, variety or quality of the food. The RIA is committed to facilitating the needs of asylum seekers in direct provision, includ- ing their dietary needs. The person referred to in the question should discuss their requirements with the manager and chef at Glenvera accommodation centre so that they can facilitate her dietary needs.

Citizenship Applications. 252. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the procedure to be followed in the case of a person (detail supplied) in County Kildare; and if he will make a statement on the matter. [2961/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): An application for a certificate of naturalisation from the person referred to in the Deputy’s question was received in the Citizenship section of my Department in March 2007. Officials in that section are currently processing applications received in July 2005 and have approximately 11,200 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the application will commence in the second half of 2009. I will inform the Deputy and the person in question when I have reached a decision on the matter.

Asylum Support Services. 253. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if

885 Questions— 31 January 2008. Written Answers

[Deputy Bernard J. Durkan.] the special dietary needs of a person (details supplied) in Dublin 2 are currently being met; and if he will make a statement on the matter. [2962/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer to my answer to the Deputy’s previous Da´il Question of 11 October, 2007 (ref: 23306/07) in respect of this person’s dietary needs and her request for a transfer to alternative accommodation, specifically self-catering accommodation. The Reception and Integration Agency (RIA) is responsible for the accommodation of asy- lum seekers in accordance with the Government policy of direct provision and dispersal. I am informed that the person is currently accommodated at Camden Hall accommodation centre in Dublin. She applied for asylum on 13 February, 2004. To provide an update on the situation since my Da´il answer last October, this person has made five requests for self-catering accommodation in just over 2 years. The first three were made on the basis of the length of time she was residing in direct provision accommodation. Her most recent dated request was received on 12 October, 2007 and was referred to an inde- pendent medical referee who was of the opinion that she did not have adequate medical grounds to be considered for self -catering accommodation. It should be noted that no new self-catering centres are planned by the RIA going forward and, moreover, the value of retaining the existing centres is under review. The RIA is satisfied that all of the material needs of asylum seekers can be met within the direct provision system. Records indicate that the person referred has never complained to centre management about the food or asked for any special dietary concessions. As her transfer request has as its basis a diet-related medical condition, she was requested on 14 September and 16 October, 2007 to provide centre management with a diet sheet from her doctor. This has not yet been provided. When it is provided, centre management will endeavour to facilitate her dietary requirements.

Residency Permits. 254. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2963/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to Parliamentary Question No. 349 of Wednesday 27 September 2006 and the written reply to that question. The first named person was granted permission to remain in the State on 9 July 2002 on the basis of his parentage of an Irish born child. This position still obtains. The second named person arrived in the State on 12 November 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), she was informed, by letter dated 25 April 2006, re-issued on 4 May 2006, that the Minister pro- posed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why she should be allowed to remain in the State. Representations have been received

886 Questions— 31 January 2008. Written Answers on behalf of the person concerned and these representations will be fully considered before the file is passed to me for decision.

Citizenship Applications. 255. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Dublin qualifies for Irish citizenship; and if he will make a statement on the matter. [2964/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Irish National- ity and Citizenship Act, 2004, which commenced on 1 January 2005, provides that certain non- nationals are required to be resident in the island of Ireland for a three year period prior to the birth of their child, for that child to be entitled to Irish citizenship. This altered the previous situation whereby a child born in the island of Ireland was automatically entitled to Irish citizenship. Section 4 of the Irish Nationality and Citizenship Act, 2004 excludes certain types of resi- dency, and these depend, in part, on the nationality of the parent during that period of resi- dence. Periods of unlawful residence and periods of lawful residence for the purpose of study or as an asylum applicant are not reckonable for that purpose. The Deputy has not provided sufficient information in regard to the person in question to enable me to give a detailed response. However, if the Deputy wishes to furnish further part- iculars, officials in the Citizenship Section of my Department will be happy to advise.

Residency Permits. 256. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if and when residency status will be approved in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2965/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I would refer the Deputy to my replies to Parliamentary Questions 136 on 8th February, 2007 and 234 on 28th June, 2007. The person in question submitted an application for permission to remain in the State based on being a family dependant of the parent of an Irish born child who was granted residency under the IBC/05 scheme. A request for additional documentation issued to the person in question on 29th January, 2008. The application will be considered further upon receipt of the requested documentation.

Departmental Expenditure. 257. Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform the review processes that have taken place or he has requested to be undertaken in respect of the budgeting, financial and reporting systems within his Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if he will make the reports findings public; and if he will make a statement on the matter. [3023/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The implementation of the new Financial Management System for the Department of Justice, Equality and Law Reform, An Garda Sı´ocha´na, the Irish Prison Service, the Courts Service and the Property Registration Authority commenced in December 2002 and was completed in March, 2005. A

887 Questions— 31 January 2008. Written Answers

[Deputy Brian Lenihan.] Post Implementation Review was completed in December 2005 as an integral part of the system implementation and was not separately costed.

Rental Accommodation Scheme. 258. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the contrast in the treatment of extra income earned by a low paid person on a differential rent compared to a person on rent supplement, whereby on differential rent, a contribution of 15% of the extra income is made, whereas on rent supplement 100% of the extra income is lost in reduced payments; his views on revising the rent accommodation scheme to set a more realistic rent ceiling to apply for eligibility and to reduce the requirement of 18 months on supplement before eligibility applies; and if he will make a statement on the matter. [2792/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): Under the Rental Accommodation Scheme (RAS) households pay a contribution towards their rents to the local authority. The level of contribution is determined by the local authority by reference to each authority’s Differential Rent Scheme, and will vary from authority to authority. Over time this contribution will vary to take into account changes in the income and family circumstances of the household concerned. Arrangements regarding the treatment of extra income under the Rent Supplement scheme are a matter for the Minister for Social and Family Affairs and I am advised that those in receipt of additional income can discount the first \75 of eligible additional income and 25% of any such income in excess of \75, for rent supplement purposes. The level of rents payable is determined by negotiations between the landlord and the local authority, taking account of rent supplement levels and local market conditions. The setting of rent limits under the Social Welfare Allowance scheme is a matter for the Minister for Social and Family Affairs and his Department is currently reviewing levels of rent limits to determine what limits should apply from July 2008 onwards. My Department will contribute to the review. A Value for Money and Policy Review is currently underway specifically to evaluate the operation of RAS in light of the objectives set for it and the arrangements under which it operates. The review is expected to be completed in April. Under current arrangements local authorities have discretion to transfer tenants to RAS who are less than eighteen months on rent supplement, when they are assessed as having a long-term housing need.

Water and Sewerage Schemes. 259. Deputy Jimmy Deenihan asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewerage scheme for Tarbert, County Kerry; and if he will make a statement on the matter. [2817/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Kerry County Council is undertaking a strategic study with a view to optimising the delivery of wastewater infrastructure in up to 90 towns and villages in the county, including Tarbert. The Council’s Preliminary Report for the Tarbert Sewerage Scheme will be further considered by my Department in light of the study recommendations.

Departmental Expenditure. 260. Deputy Sea´n Fleming asked the Minister for the Environment, Heritage and Local

888 Questions— 31 January 2008. Written Answers

Government the cost to date incurred in respect of the electronic voting machines; the esti- mated storage cost for 2008 together with the cost of any reviews or reports in respect of the electronic voting issue; and if he will make a statement on the matter. [2830/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The cost incurred to date in respect of the purchase and adaptation of the electronic voting machines is \43.9 million. In addition, information provided by returning officers to my Depart- ment indicates that the total annual storage costs incurred by them in respect of the electronic voting machines and ancillary equipment in 2007 is some \528,000, with figures for 2004, 2005 and 2006 amounting to some \658,000; \696,000; and \706,000 respectively. Costs incurred to date in respect of the movement of the electronic voting equipment to centralised storage arrangements are some \328,000. Further costs will be incurred in relation to the completion of these arrangements, including buy-out costs. The total cost incurred to date in the assessment and review of the electronic voting and counting system is \2.8 million (including \1.95 million in respect of the Commission on Elec- tronic Voting).

Election Management System. 261. Deputy Sea´n Fleming asked the Minister for the Environment, Heritage and Local Government the regulations and guidelines issued by his Department to returning officers regarding the lay out of ballot papers for general elections; if the names of candidates are required to be printed in alphabetical order from top to bottom on a ballot paper or if they can be printed in two columns on a ballot paper; if similar regulations apply for elections to Seanad E´ ireann; the basis for these regulations and guidelines; and if he will make a statement on the matter. [2831/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Section 88(1) of the Electoral Act 1992 states that the ballot paper at a Da´il election shall be in the form set out in the Fourth Schedule to the Act, subject to any modifications provided for in regulations made under section 88(2)(cc) of that Act. Regulations made under this pro- vision (S.I. No. 156 of 2007) provide for the modification of the ballot paper set out in the Fourth Schedule to allow for the inclusion of candidate photographs and political party emblems. Section 88(2)(a) of the 1992 Act provides that the names of the candidates as stated in their nomination papers should be arranged alphabetically on the ballot paper in the order of the surnames or, if there are 2 or more candidates with the same surname, of their other names. Section 88(2)(c) of the Act provides that on ballot papers the list of candidates must be arranged either in one continuous column or in 2 or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates’ names and descriptions appear must be the same for each of the candidates. Section 47(1)(b) of the Seanad Electoral (Panel Members) Act 1947 provides that a ballot paper must contain the names, addresses and descriptions of all the candidates named in the panel to which it relates arranged in the alphabetical order of their surnames and, in cases of identity of surname, of their other names, and either in one continuous column or in 2 or more columns as the Seanad returning officer, with the consent of the Minister, considers to be most convenient. Regulations (S.I. No. 91 of 1954, as amended by S.I. No. 68 of 2002) made under

889 Questions— 31 January 2008. Written Answers

[Deputy John Gormley.] section 47(2) of the Seanad Electoral (Panel Members) Act 1947 set out the form of the ballot paper to be used at these elections. Section 20(1) of the Seanad Electoral (University Members) Act 1937 provides that the ballot paper must contain a list of the candidates described by their names, addresses and descriptions as stated in their nomination papers and arranged alphabetically in the order of their surnames and, in the case of the identity of surnames, of their other names. Regulations (S.R. and O. No. 18 of 1938, as amended by S.I. No. 67 of 2002) made under section 20(2) of the Seanad Electoral (University Members) Act 1937 set out the form of the ballot paper to be used at these elections. Sections 21, 56 and 57 of the Electoral (Amendment) Act 2001 provide for the inclusion of photographs of candidates and political party emblems on ballot papers at Da´il elections and for the inclusion of photographs of candidates on ballot papers at Seanad elections.

Proposed Legislation. 262. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government when it is proposed to implement into law the recommendations contained in the Constituency Commission Report 2007; and if he will make a statement on the matter. [2860/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Constituency Commission presented its report on Da´il and European Parliament constitu- encies on 23 October 2007. Work is now underway on the drafting of the Electoral (Amendment) Bill 2008 which will, inter alia, provide for revision of Da´il and European Parlia- ment constituencies in accordance with the Commission’s report. The Bill will be published as soon as possible.

Local Government Members. 263. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the number of councillors in each local authority area here; the population of each local authority area as per the most recent census; the ratio of population to councillors in each local authority area; and if he will make a statement on the matter. [2861/08]

264. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the number of town councils here; the number of councillors per town council; the population served by each town council; and if he will make a statement on the matter. [2862/08]

265. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the population increase in the Fingal area in recent years and that this population is only represented by 24 councillors, giving a very low level of representation compared to counties such as Leitrim; if he proposes to make provision for an increase in the number of councillors for Fingal for the 2009 local elections; and if he will make a statement on the matter. [2863/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 263 to 265, inclusive, together.

890 Questions— 31 January 2008. Written Answers

The following tables set out the number of councillors in each local authority area, the population of each local authority and the ratios of elected members to population by local authority, as per Census 2006. The number of elected members in each local authority is set out in section 21 and schedule 7 of the Local Government Act 2001. The Programme for Government contains a commitment to publish a Green Paper on Local Government Reform, which will examine a number of issues in relation to the organisation of local government. The Green Paper will be published shortly; a White Paper on Local Government Reform will follow later in 2008. As part of this reform process I will give consideration to those parts of the Local Government Act 2001 which have not yet been commenced, including section 22 which provides for the alteration of the number of members of a local authority. I have recently established two Committees to review local electoral areas and to report to me not later than 20 June 2008. The Committees are to review the ratio of population to elected members in each local electoral area with a view to ensuring a reasonable relationship between the current population and representation within each local authority. For this pur- pose, the Committees are to assume no change in the total membership of each local authority. I will consider the Committees’ reports as the basis for a revision of the local electoral areas for use at the local elections to be held in 2009.

Local Authority Councillors Population Ratio of Population to Councillors

Counties Carlow 21 50,349 2,398 Cavan 25 64,003 2,560 Clare 32 110,950 3,467 Cork 48 361,877 7,539 Donegal 29 147,264 5,078 Dun Laoghaire-Rathdown 28 194,038 6,930 Fingal 24 239,992 10,000 Galway 30 159,256 5,309 Kerry 27 139,835 5,179 Kildare 25 186,335 7,453 Kilkenny 26 87,558 3,368 Laois 25 67,059 2,682 Leitrim 22 28,950 1,316 Limerick 28 131,516 4,697 Longford 21 34,391 1,638 Louth 26 111,267 4,280 Mayo 31 123,839 3,995 Meath 29 162,831 5,615 Monaghan 20 55,997 2,800 North Tipperary 21 66,023 3,144 Offaly 21 70,868 3,375 Roscommon 26 58,768 2,260 Sligo 25 60,894 2,436 South Dublin 26 246,935 9,498 South Tipperary 26 83,221 3,201 Waterford 23 62,213 2,705

891 Questions— 31 January 2008. Written Answers

[Deputy John Gormley.] Local Authority Councillors Population Ratio of Population to Councillors

Westmeath 23 79,346 3,450 Wexford 21 131,749 6,274 Wicklow 24 126,194 5,258

Cities Cork 31 119,418 3,852 Dublin 52 506,211 9,735 Galway 15 72,414 4,828 Limerick 17 52,539 3,091 Waterford 15 45,748 3,050

Town Councils Ardee 9 4,301 478 Arklow 9 11,712 1,301 Athlone 9 14,347 1,594 Athy 9 7,943 883 Balbriggan 9 6,731 748 Ballina 9 10,056 1,117 Ballinasloe 9 6,049 672 Ballybay 9 401 45 Ballyshannon 9 2,004 223 Bandon 9 1,721 191 Bantry 9 3,309 368 Belturbet 9 1,395 155 Birr 9 4,091 455 Boyle 9 1,599 178 Bray 12 27,041 2,253 Buncrana 9 3,411 379 Bundoran 9 1,706 190 Carlow 9 13,623 1,514 Carrickmacross 9 1,973 219 Carrick-on-Suir 9 5,856 651 Cashel 9 2,413 268 Castlebar 9 10,655 1,184 Castleblayney 9 1,822 202 Cavan 9 3,934 437 Clonakilty 9 3,745 416 Clones 9 1,517 169 Clonmel 12 15,482 1,290 Cobh 9 6,541 727 Cootehill 9 1,243 138 Drogheda 12 28,973 2,414 Droichead Nua 9 17,042 1,894 Dundalk 12 29,037 2,420 Dungarvan 9 7,813 868 Edenderry 9 5,617 624 Ennis 9 20,142 2,238

892 Questions— 31 January 2008. Written Answers

Local Authority Councillors Population Ratio of Population to Councillors

Enniscorthy 9 3,241 360 Fermoy 9 2,275 253 Gorey 9 3,479 387 Granard 9 933 104 Greystones 9 10,112 1,124 Kells 9 2,257 251 Kilkee 9 1,325 147 Kilkenny 12 8,661 722 Killarney 9 13,497 1,500 Kilrush 9 2,657 295 Kinsale 9 2,298 255 Leixlip 9 14,676 1,631 Letterkenny 9 15,062 1,674 Lismore 9 790 88 Listowel 9 3,901 433 Longford 9 7,622 847 Loughrea 9 4,532 504 Macroom 9 3,407 379 Mallow 9 7,864 874 Midleton 9 3,934 437 Monaghan 9 6,221 691 Mountmellick 9 2,872 319 Muinebheag 9 2,532 281 Mullingar 9 8,940 993 Naas 9 20,044 2,227 Navan 9 3,710 412 Nenagh 9 7,415 824 New Ross 9 4,677 520 Passage West 9 4,818 535 Portlaoise 9 3,281 365 Shannon 9 8,481 942 Skibbereen 9 2,338 260 Sligo 12 17,892 1,491 Templemore 9 2,255 251 Thurles 9 6,831 759 Tipperary 9 4,415 491 Tralee 12 20,288 1,691 Tramore 9 9,192 1,021 Trim 9 1,375 153 Tuam 9 2,997 333 Tullamore 9 10,900 1,211 Westport 9 5,163 574 Wexford 12 8,854 738 Wicklow 9 6,930 770 Youghal 9 6,393 710

893 Questions— 31 January 2008. Written Answers

Housing Aid for the Elderly. 266. Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government if he will clarify the rules regarding the obligations of elderly people who apply for grant aid to local authorities under the housing aid scheme for the elderly scheme; if all applicants need to supply tax clearance certificates; if a person applies for a grant under \10,000, if that person needs to supply a tax clearance certificate; and if his Department has advised local authorities accordingly. [2870/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): Department of Finance Circular 44 of 2006 (Tax Clearance Pro- cedures Grants, Subsidies and Similar Type Payments) sets down revised procedures to be followed in the operation of the tax clearance scheme for applicants for all grants from State and public sector bodies, which apply to all applications received after 1 January 2007. As regards the Housing Aid for Older People Scheme, in the case of a grant application totalling \10,000 or more, applicants are required to produce a valid Tax Clearance Certificate. As an alternative to producing a valid Tax Clearance Certificate, arrangements are in place whereby an applicant may authorise the relevant local authority to confirm electronically that he/she holds a valid Tax Clearance Certificate by using the on-line verification facility on the Revenue Commissioners’ website, www.revenue.ie. Provision for this authorisation is made on the Housing Aid for Older People application form. In the case of grant applications for less than \10,000, applicants are not required to submit a Tax clearance Certificate but must confirm that, to the best of their knowledge, their tax affairs are in order. Detailed administrative guidance underpinning the operation of the Housing Aid for Older People Scheme, including tax clearance procedures, was issued to all local authorities in October 2007.

Recycling Policy. 267. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if he is satisfied with the operation of the WEEE scheme to date; the position regarding the workings of the WEEE monitoring group; and if he will make a statement on the matter. [2892/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The WEEE Directive has been very successfully implemented in Ireland. During 2006, the first full year of operation, 31,500 tonnes of household WEEE was collected. This represents approximately 3.5 million electrical and electronic products or 7.4kg per inhabitant. This is almost double the 4 Kgs target the WEEE Directive requires Ireland to achieve by the end of 2008 and indicates widespread public support for the scheme. Under the terms of the WEEE Directive, financing the recycling of electrical and electronic equipment is solely a producer responsibility. Two collective compliance schemes, functioning under the responsibility of producers, are operating in Ireland. These compliance schemes, WEEE Ireland and the European Recycling Platform, are responsible for the recycling of all household WEEE deposited at designated collection points. These include civic amenity facili- ties and retail outlets. The compliance schemes are also responsible for ensuring that recovered WEEE is recycled in an environmentally sound manner and for putting in place tracking and auditing systems for materials recovery in line with the requirements of the Directive.

894 Questions— 31 January 2008. Written Answers

An increasing proportion of this WEEE is now recycled in Ireland following the establish- ment of several new WEEE recycling and treatment facilities since August 2005. My Depart- ment is working with relevant stakeholders through the WEEE Monitoring Group to ensure that further progress is made.

Housing Grants. 268. Deputy Sea´n Connick asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the cost of adapting a house for a person who has acquired a disability is in many cases much greater than the maximum grant of \30,000 which can be allocated under the disabled persons housing grant. [2912/08]

269. Deputy Sea´n Connick asked the Minister for the Environment, Heritage and Local Government if he will increase the maximum grant of \30,000 which can be allocated under the disabled persons housing grant. [2913/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I propose to take Questions Nos. 268 and 269 together. The Housing Adaptation Grant Scheme for People with a Disability, which replaced the Disabled Persons Grant Scheme with effect from 1 November 2007, is intended to assist with works which provide additional or adapted accommodation in private houses. The scheme is not designed to cover the full cost of works for all applicants. Under the new scheme the grant has been increased from \20,320 to an effective maximum grant of \30,000, which may now cover up to 95% of the cost of works, compared to 90% previously. Furthermore, the grant level will increase annually in line with the building cost index, thus protecting its value into the future.

Local Authority Housing. 270. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the numbers of local authority houses throughout the country that have attic insulation; and the percentage of the current total number of local authority houses that local authority houses with attic insulation make up. [2929/08]

271. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding works being carried out to increase the amounts of local authority houses that have attic insulation. [2930/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I propose to take Questions Nos. 270 and 271 together. The management, maintenance and improvement of their rented dwellings, including the installation of attic insulation is primarily the responsibility of local authorities to be financed from their own resources. In addition, where capital funding is provided under remedial or regeneration schemes operated by my Department for upgrading local authority dwellings, the provision of attic insulation may form part of the works undertaken. From 1 January 2007, direct control was given to local authorities over their internal capital receipts from the sale of local authority dwellings, to be used primarily for their improvement works programmes, including the installation of attic insulation. In July 2004, my Department introduced a separate central heating programme in local authority dwellings. In conjunction with the provision of central heating, eligible works must also include, where necessary, measures to ensure the energy efficiency of the dwellings such

895 Questions— 31 January 2008. Written Answers

[Deputy Batt O’Keeffe.] as attic insulation to Building Regulations standards, draught-proofing to existing windows and external doors, the lagging of exposed pipework and hot water storage cylinders, and the installation of a mains operated smoke alarm. My Department does not collate information on the number of local authority dwellings with attic insulation. However, since the introduction of the central heating programme, some 19,600 dwellings have benefited from the installation of central heating and related energy improve- ment measures.

Flood Risk Assessment. 272. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the steps that have been taken by his Department to develop planning and development guidelines in relation to flooding for local authorities to consider when drawing up County Development Plans. [2934/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The First Schedule of the Planning and Development Act 2000 specifies, inter alia, that plan- ning authorities may include in their development plans objectives regulating, restricting or controlling development in areas at risk of flooding. Where development is proposed in an area at risk of flooding, it is a matter for each planning authority to evaluate such risk, on the basis of a flood risk assessment where appropriate, and planning permission may either be refused, or, if granted, can be made subject to conditions requiring the implementation of measures necessary to alleviate or avoid damage due to flooding. Guidelines for Planning Authorities on Development Plans were published by my Depart- ment in June 2007 to further assist planning authorities in the preparation of development plans. The guidelines recommend that flood risk should be considered at relevant stages of the planning and development process and the aim should be to ensure that existing flood risks are either reduced or addressed and that new development does not individually or cumulat- ively give rise to new flood risks, particularly in the context of potential impacts arising from climate change. My Department, in conjunction with the OPW, is preparing more comprehensive guidance on flooding and the planning system, which it is intended to issue for public consultation and finalisation this year. Preparation of these guidelines, and the mapping resources already avail- able to planning authorities on the OPW National Flood Hazard Mapping website at www.floodmap.ie, are two of the key actions arising from the work of the Flood Policy Review Group.

Energy Efficiency. 273. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding the notification procedures under European Union law that will have to be complied with in respect of the proposal to bring in minimum standards that all light bulbs must meet; and the maximum amount of time that the Irish Government can be required to delay its proposal under the legislation that provides for the notification procedures. [2938/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Questions Nos. 66, 111 and 116 of 18 December 2007. I met with the Vice-President of the European Commission, Gu¨ nter Verheugen, and the Commissioner for

896 Questions— 31 January 2008. Written Answers

Environment, Stavros Dimas, in Brussels on 9 January 2008 to outline the Government’s plans to introduce minimum energy efficiency standards for light bulbs. European Commission Directive 98/34/EC, which lays down procedures for the provision of information in the field of technical standards and regulations, specifies that Member States are required to notify draft compulsory standards to the European Commission. Member States are required to wait three months after making a notification under the Directive for the Commission and the other Member States to respond. If a Member State raises an objection, it is understood that the Commission has to take a position in the matter and the Member State may be required to postpone adoption of the measure for up to 18 months. However, Commissioner Verheugen, who is responsible for competitiveness and internal market issues related to goods, assured me of the Commission’s support for Ireland’s intention to introduce the energy efficiency standards from early next year. He confirmed that, in the light of Ireland’s initiative, the Commission would be ready to accelerate its own regulation in this area as much as possible. We agreed that Ireland would work closely with the Commission to ensure consistency between our approaches.

Greenhouse Gas Emissions. 274. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the steps that have been taken by his Department to develop the adaptation strategy required under the National Climate Change Strategy. [2939/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The position set out in the reply to Question No. 97 of 18 December 2007 has not changed. The National Climate Change Strategy which was published in April 2007 contains a commitment to produce a national adaptation strategy within two years. The planned strategy will provide a framework for the integration of adaptation issues into decision-making at national and local level across all sectors.

Recycling Policy. 275. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding the Fitzpatrick Report that was carried out for the National Strategy Group on packaging waste recycling; if this report was published by his Department; and if it is available to the public. [2940/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A National Strategy Group on Packaging Waste Recycling — which is co-chaired by my Depart- ment and Repak and involves key public and private sector stakeholders — was established in late 2004 to monitor and further develop the regulatory packaging waste regime in Ireland in the context of the new recovery and recycling targets set for 2011 under the new Directive 2004/12/EC. The Strategy Group carried out a comprehensive review of the regulatory regime governing the recovery and recycling of packaging waste nationally which led in the first instance to the introduction of amending regulations in late 2004 and ultimately culminated in the new consolidated packaging regulations which will come into effect on 31 March 2008. The report referred to in the Question was carried out in the context of that review. It was commissioned by Repak Limited; consequently, the issue of publishing this report is a matter for Repak.

276. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of companies registered with a company (details supplied) under the

897 Questions— 31 January 2008. Written Answers

[Deputy Joanna Tuffy.] packaging regulations; and the number of companies registered as self complying with the regulations; and the number of companies estimated neither to have registered with the com- pany or as self complying that are required to do so under the legislation. [2941/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The data sought in the Question are not available in my Department. Major producers i.e. those who have an annual turnover in excess of \1 million and who place more than 25 tonnes of packaging on the Irish market, have additional responsibilities with regard to the recovery of packaging waste from their customers, meeting targets, signage, reporting of specified data and registration with local authorities. Major producers have the option of either complying directly with their producer responsi- bility obligations (i.e. self-compliance), or alternatively, getting an exemption from those requirements by becoming a member of a Repak the producer compliance scheme for packag- ing waste. Information on the number of companies participating in the compliance scheme may be obtained from Repak directly. Similarly, given that self-compliant major producers are required to register with each local authority in whose functional area their premises are located, accur- ate data on the number of self-compliers may be obtained directly from individual local authorities.

EU Directives. 277. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the steps that have been taken by Ireland to comply with the Birds Directives and Habitats Directive following the European Court of Justice ruling on Ireland’s failure under these directives to protect certain species of birds in a ruling in December 2007. [2942/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): On 13 December 2007, the European Court of Justice handed down its Judgment in case C 418/04. Ireland has two months to respond formally to the European Commission and to satisfy it that the necessary steps are being taken to meet the requirements of this lengthy Judgment. My Department will shortly meet with Commission officials to discuss the measures that will need to be taken to comply with the Judgment.

Water and Sewerage Schemes. 278. Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government his views on whether the processing of water and sewerage schemes in his Depart- ment from conception to commissioning takes at least ten years; the proposals he has to address this situation; and if he will make a statement on the matter. [3042/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): When a water or sewerage scheme is first proposed it may take some time to be approved for inclusion in my Department’s Water Services Investment Programme, depending critically on the priority afforded to it by the elected members of the local authority and the resources available for the overall Programme. In the case of a scheme included in the Water Services Investment Programme, my Depart- ment’s involvement at individual stages of schemes costing less than \5m is confined to approv- ing the local authority’s Design Brief and Preliminary Report, including the Water Pricing

898 Questions— 31 January 2008. Written Answers

Policy Report. Schemes under \5m represent almost 60% of the 955 schemes in the current Investment Programme. For traditional style contracts exceeding \5m, my Department also approves the Contract Documents. In the case of Public Private Partnership contracts my Department, additionally, approves the local authority’s Tender Recommendation. My Department’s objective is to deal with Preliminary Reports within six months of receipt. In the case of Contract Documents the target is four months and two months for Tender Recommendations. Design Briefs are generally cleared within a few weeks. Issues requiring clarification may arise between my Department and the local authority and could unavoidably extend these timescales. Apart from these direct involvements by my Department, responsibility for each scheme, including appointment of consultants, statutory planning and other processes (including public consultation and approval of elected members), site investigations, acquisition of lands and wayleaves, preparation of tender documents, tendering process, appointment of contractors and carrying out of works, rests with the local authority. The amount of time taken to advance a scheme will depend largely on how quickly these processes are completed. My Department keeps the approval procedures for water services schemes under ongoing review and is commit- ted to devolving as much responsibility as possible to local authorities, consistent with the requirements of the Department of Finance’s Capital Appraisal Guidelines and my own Department’s obligations relating to management and oversight of Exchequer expenditure.

Energy Rate Assessors. 279. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the number of persons qualified as building energy rate assessors on a county basis; and if he will make a statement on the matter. [2824/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Sus- tainable Energy Ireland (SEI) has been designated as issuing authority under Statutory Instru- ment No. 666 of 2006, European Communities (Energy Performance of Buildings) Regu- lations 2006. In respect of registration of Building Energy Rating (BER) assessors, among the responsibil- ities for the issuing authority are:

• In considering an application for registration as a BER assessor, the issuing authority must be satisfied that the applicant has successfully completed a validated training course provided by an accredited BER training provider in relation to BER assessment for the relevant designated class or classes of buildings.

• The issuing authority shall establish, operate and maintain a register of BER assessors registered by the issuing authority.

• Each register established shall be a public record, and shall be kept under the manage- ment of the issuing authority.

To this end SEI has published a training specification that can be delivered by training insti- tutions and bodies registered by Higher Education and Training Awards Council, (HETAC)/Further Education and Training Awards Council (FETAC) and operating within the National Framework of Qualifications for higher and further education. SEI does not itself directly administer or deliver the training courses but is responsible for the registration of suitably trained and certified assessors. These assessors are maintained on a public register by

899 Questions— 31 January 2008. Written Answers

[Deputy Eamon Ryan.] SEI (www.sei.ie/ber). The number of persons registering as BER Assessors by county to date, is set out in the following table.

County Registered Assessors

Armagh 1 Carlow 3 Cavan 9 Clare 3 Cork 59 Donegal 10 Dublin 60 Galway 31 Kerry 13 Kildare 6 Kilkenny 7 Laois 3 Leitrim 2 Limerick 22 Longford 6 Louth 9 Mayo 18 Meath 8 Monaghan 4 Offaly 3 Roscommon 4 Sligo 9 Tipperary 9 Waterford 6 Westmeath 7 Wexford 16 Wicklow 9

Total 337

In respect of persons certifying, either through HETAC or FETAC institutions/bodies, it remains at their discretion whether they choose to register immediately and incur the regis- tration fee. SEI advises that there is a further tranche of approximately 800 persons who have attended training courses run in recent months under the aegis of FETAC and who are quali- fied but are presently awaiting certification of their qualification by FETAC. SEI anticipates that many of these persons will apply for registration next month. SEI does not as yet have a county breakdown of these qualified persons.

Electricity Generation. 280. Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources the amount of electricity storage capacity Ireland currently has; his plans to increase the electricity storage capacity; the amount by which it will be increased; and if he will make a statement on the matter. [2788/08] 900 Questions— 31 January 2008. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): ESB owns and operates the pumped water power station with an installed electricity generating capacity of 292 megawatts at Turlough Hill, County Wicklow. National Surveys for suitable pumped storage sites were carried out many years ago. Apart from Turlough Hill, the only other economically viable site was at Camlough in Northern Ireland. However, that site was never commissioned. It is possible that technological progress could render new sites viable for pumped storage in the future. This is a matter for ESB and EirGrid in the first instance. Compressed air storage is widely used at small scale within industry, but not generally for power generation at signifi- cant scale. Developments will be kept under close review by my Department in consultation with EirGrid and the energy sector.

Fisheries Protection. 281. Deputy P. J. Sheehan asked the Minister for Communications, Energy and Natural Resources his views on relaxing the drift net ban for drift net fishermen who did not participate in the compensation fund; and if he will make a statement on the matter. [2838/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): As the Deputy is aware, the primary motivation in aligning the future management of the wild salmon fishery with the scientific advice and the introduction of the appropriate regulations to cease mixed stock fishing is the conservation of the wild salmon stocks. It is vital to afford every protection to the remaining salmon stocks and to clearly prioritise conservation over catch. We must fulfil our obligations under the Habitats Directive, namely to maintain or restore fish stocks to favourable conservation status. Persons who did not avail of the Salmon Hardship Scheme are entitled to apply for a com- mercial salmon fishing licence where available in the future. There is no question of relaxing the conservation measures other than where stocks recover and it is established from the results of the Genetic Stock Identification project that significant numbers of fish destined for other rivers are not intercepted. It should be possible, in those circumstances, to exploit the identified surplus in rivers, bays and estuaries by all appropriate methods, within the constraints permitted by the Habitats Directive. It is not envisaged that drift netting in the open seas will be licensed in the future.

Telecommunications Services. 282. Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources when land-line broadband will be rolled out in an area (details supplied) in County Mayo in view of the fact that it was promised for 2008; the reason for the delay in this matter; and the person who has been given the contract to roll out broadband in this area. [2897/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of telecommunications services, including broadband, is a matter for the private sec- tor. Broadband service providers operate in a fully liberalised market, regulated, where appro- priate, by the independent Commission for Communications Regulation, ComReg. I have no function in the matter of the enabling of exchanges owned by private companies. However it is hoped that the facilitation of greater competition in the area via the introduction of broad- band from different technology platforms will encourage the more rapid enabling of all exchanges for broadband.

901 Questions— 31 January 2008. Written Answers

Departmental Expenditure. 283. Deputy Kieran O’Donnell asked the Minister for Communications, Energy and Natural Resources the review processes that have taken place or he has requested to be undertaken in respect of the budgeting, financial and reporting systems within his Department and agencies; the costs incurred to date; the expected total costs; the deadlines that have been imposed for such reviews; if he will make the reports findings public; and if he will make a statement on the matter. [3015/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In Budget 2008, the Ta´naiste and Minister for Finance announced the requirement for all Govern- ment Departments to examine all administrative spending under their aegis with a view to producing efficiency savings. The review covers all spending with no area being regarded as exempt from critical scrutiny with a view to realising efficiencies. All non-commercial State Bodies under the aegis of my Department have been requested to carry out an efficiency review in this regard and report back to my Department by 9 February. A similar exercise is being undertaken on both Administrative and Programme Expenditure within my Department. All Departments are required to submit their reports to the Department of Finance by 1 March. A Group has been set up in my Department to oversee this project. This Group has represen- tation from all Sectors in my Department. This Group will coordinate, for submission to the Management Committee and to me, efficiency savings proposals received from areas in my Department and the Group will also scrutinise efficiency savings proposals received from agen- cies under the aegis of my Department. I would emphasise that this is a high priority issue from both the Government’s and my own viewpoint. I fully support the efficient and effective use of taxpayers’ money and the continuous achievement of value for money. My Department continuously seeks to deliver programme and administrative expenditure as approved each year by the Da´il, in a value for money way while meeting the policy objectives underpinning this expenditure.

Prospecting Licences. 284. Deputy Enda Kenny asked the Minister for Communications, Energy and Natural Resources if he has received an application for prospecting licences (details supplied); if he has examined this application; his decision in the matter; and if he will make a statement on the matter. [3030/08]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Tony Killeen): The Department has received an application from this company for a prospecting licence in respect of certain areas in County Mayo. The Exploration and Mining Division of the Department is currently compiling its report and recommendation, and I expect to receive this in the near future, following which a decision will be made on the application.

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