Vol. 603 Thursday, No. 5 2 June 2005

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 2 June 2005.

Requests to move Adjournment of Da´il under Standing Order 31 ………………1133 Order of Business ………………………………1134 Maritime Safety Bill 2004 [Seanad]: Financial Resolution …………………1151 European Small Claims Procedure: Motion ………………………1151 EU Directive: Motion ………………………………1151 Waste Management (Electrical and Electronic Products) Regulations 2005: Motion … … … 1152 Criminal Justice Bill 2004: Second Stage (resumed) ……………………1152 Suicide Prevention: Statements …………………………1180 Message from Select Committee …………………………1213 Ceisteanna — Questions Minister for Foreign Affairs Priority Questions ……………………………1213 Other Questions ……………………………1229 Adjournment Debate Matters ……………………………1244 Adjournment Debate Hospital Staff ………………………………1244 Natural Gas Grid ………………………………1246 Postal Services ………………………………1249 Schools Building Projects ……………………………1252 Questions: Written Answers ……………………………1257 1133 1134

DA´ IL E´ IREANN urgent matter: the urgent need to suspend the process of ratification of the EU constitution ———— given its rejection by French and Dutch voters in recent referenda and the stated objections to the De´ardaoin, 2 Meitheamh 2005. process by Britain and the Czech Republic. Thursday, 2 June 2005. Mr. Cuffe: I seek the adjournment of the Da´il ———— under Standing Order 31 to debate the following urgent matter: the European Court of Justice Chuaigh an Ceann Comhairle i gceannas ar ruling regarding Ireland’s record on environmen- 10.30 a.m. tal issues and the implementation of European directives on same. ———— An Ceann Comhairle: Having considered the Paidir. matters raised, they are not in order under Stand- Prayer. ing Order 31.

———— Order of Business. Minister for Finance (Mr. Cowen): It is pro- Requests to move Adjournment of Da´il under posed to take No. a12, Maritime Safety Bill 2004 Standing Order 31. [Seanad] — Financial Resolution; No. 12, motion An Ceann Comhairle: Before coming to the re proposed approval by Da´il E´ ireann for a regu- Order of Business I propose to deal with a lation of the European Parliament and of the number of notices under Standing Order 31. Council establishing a European small claims procedure — back from committee; No. 13, Mr. Ferris: I seek the adjournment of the Da´il motion re proposed approval by Da´il E´ ireann for under Standing Order 31 to debate the following a directive of the European Parliament and of the urgent matter: in the light of the latest report of Council on certain aspects of mediation in civil the Morris tribunal exposing widespread Garda and commercial matters — back from committee; corruption in County Donegal, including the No. 14, motion re proposed approval by Da´il framing of citizens and gross negligence by Garda E´ ireann of the Waste Management (Electrical management up to the highest level, the need for and Electronic Equipment) Regulations 2005 — the Minister for Justice, Equality and Law back from committee; No. 23, Criminal Justice Reform to establish a public inquiry into the mur- Bill 2004 — Second Stage (resumed); No. 22, der of Donegal Sinn Fe´in county councillor Eddie Driver Testing and Standards Authority Bill 2004 Fullerton at his home in Buncrana in May 1991 — Second Stage (resumed); No. 24, Land Bill by pro-British agents and the failure of the Garda 2004 [Seanad] — Second Stage (resumed); and to carry out appropriate investigation into that No. 25, statements on suicide, to be taken not matter. later than 1.30 p.m. and the order shall not resume thereafter. Mr. Connolly: I seek the adjournment of the It is proposed, notwithstanding anything in Da´il under Standing Order 31 to debate the fol- Standing Orders, that Nos. a12, 12, 13 and 14 lowing urgent matter: the current dispute about shall be decided without debate; the proceedings contract payments between insurance companies on No. 25 shall, if not previously concluded, be and general practitioners where GPs are refusing brought to a conclusion at 3.30 p.m. today and to carry out medical examinations for mortgage the following arrangements shall apply: the state- applicants; the undue hardship being caused to ments of a Minister or Minister of State and the young families who are seeking to secure a home; main spokespersons for the Fine Gael Party, the and the urgent need for the Government to Labour Party and the Technical Group, who shall resolve the existing difficulties between the be called upon in that order, shall not exceed 15 parties. minutes in each case; the statement of each other Member called upon shall not exceed ten minutes Mr. Costello: I seek the adjournment of the in each case; Members may share time; and a Da´il under Standing Order 31 to debate the fol- Minister or Minister of State shall be called upon lowing urgent matter: the serious implications for to make a statement in reply which shall not the Garda and for public confidence in our exceed five minutes; and the Da´il on its rising system of policing of the findings of the second today shall adjourn until 2.30 p.m. on Tuesday, 14 report of the Morris tribunal and the need for the June 2005. Minister for Justice, Equality and Law Reform to set out the steps he intends to take to implement An Ceann Comhairle: Is the proposal for deal- the recommendations contained in the two ing with Nos. a12, 12, 13 and 14 agreed? reports from the tribunal. Mr. Kenny: I have no report in respect of No. Mr. Healy: I seek the adjournment of the Da´il 14, the proposed approval by the Da´il of the under Standing Order 31 to debate the following Waste (Electrical and Electronic Equipment) 1135 Order of 2 June 2005. Business 1136

[Mr. Kenny.] hensive response and that is why we will not Regulations 2005, back from committee. I under- accept this. stand there was no discussion of any consequence at that committee on Tuesday and the practical Mr. Morgan: I too object to this being taken consequences of dealing with the disposal of without discussion. I missed some of the commit- every piece of electronic equipment in the coun- tee meeting on 31 May as I had a request to make try will cause major problems. I do not agree to in the Da´il under Standing Order 31. It is clear this item being taken without debate. There was there is not enough discussion on this matter. no debate of any relevance on Tuesday at this This item has the potential to deal comprehen- meeting and there are serious questions that must sively with the principle that the “polluter pays” be answered from a practical perspective which principle, placing the responsibility where it the Minister for the Environment, Heritage and belongs, on the manufacturer who creates the Local Government will fully understand in terms pollution in the first instance. The discussions at of the interpretation of the directive from local the committee were inconclusive and further dis- authority disposal points and disposal points pro- cussion is required. vided by retailers. I ask that a debate of some Mr. Cowen: The Joint Committee on Envir- time on this directive be held in the House. I onment and Local Government considered this object to it being passed without debate. motion last Tuesday. A division took place and the motion was passed that the regulations be Mr. Gilmore: On the same subject, I was at the referred back to the Da´il and Seanad with no committee on Tuesday when this matter was dis- further debate. The regulations provide the cussed. Many of the questions asked were not enabling framework for the transposition and replied to satisfactorily. These regulations pro- implementation of two landmark EU directives pose to deal with the issue of waste of electronic on waste electrical and electronic equipment and goods and provide for an arrangement whereby on the restriction of hazardous substances in elec- consumers can give back old electronic and elec- trical equipment. The directive will come into trical equipment in disuse. The idea behind the operation on 13 August next so there is a tight EU directive was that responsibility would be on timeline for finalising detailed regulations that the producer but it appears that in these regu- need to be prepared. lations the Government is shifting responsibility The directive is a producer responsibility on to the retailers. It is doing so in a way that will initiative. It is not correct to say the Minister’s cause considerable confusion publicly and will intention is to pass on responsibility to the con- not necessarily assist the consumer. I agree with sumer. Producers will be responsible for the pro- Deputy Kenny that these regulations require cessing, recycling and disposal of equipment once debate in the House. The matter was not satisfac- it has been collected. Retailers will be required to torily concluded at the committee. offer one-for-one take-back of equipment similar to that which they are selling. Discussions are tak- Mr. Rabbitte: Do the regulations include elec- ing place between representative groups of pro- tronic voting machines? ducers and retailers on some aspects of the oper- ation of the system. The Minister’s concern is to Mr. Gormley: The Green Party cannot accept implement the directives in a way that reflects the this without debate. The report is inadequate, it greatest possible consensus among various stake- is one paragraph long. It needs to be debated on holders on what will work most effectively and the floor of the House. In light of the latest equitably. This matter has to be dealt with so the judgment from the European Courts it is clear detailed regulations can be brought forward to that, once again, our appalling record on the implement the directive. environment has been exposed. We are the Mr. Durkan: Here is more electronic equip- environmental delinquents of Europe and the ment that has gone wrong. only response from the Minister for the Envir- onment, Heritage and Local Government is to Question “That the proposal for dealing with fast track incinerators. We need a more compre- Nos. a12, 12, 13 and 14 be agreed to” put.

The Da´il divided: Ta´, 62; Nı´l, 47.

Ta´

Ahern, Michael. Cassidy, Donie. Ahern, Noel. Collins, Michael. Andrews, Barry. Cooper-Flynn, Beverley. Ardagh, Sea´n. Coughlan, Mary. Brady, Johnny. Cowen, Brian. Brady, Martin. Cregan, John. Browne, John. Cullen, Martin. Callanan, Joe. Davern, Noel. Callely, Ivor. de Valera, Sı´le. Carey, Pat. Dempsey, Tony. Carty, John. Devins, Jimmy. 1137 Order of 2 June 2005. Business 1138

Ta´—continued

Ellis, John. Nolan, M. J. Finneran, Michael. O´ Cuı´v, E´ amon. Fitzpatrick, Dermot. O´ Fearghaı´l, Sea´n. Fleming, Sea´n. O’Connor, Charlie. Glennon, Jim. O’Flynn, Noel. Haughey, Sea´n. O’Keeffe, Ned. Healy-Rae, Jackie. O’Malley, Fiona. Hoctor, Ma´ire. O’Malley, Tim. Jacob, Joe. Parlon, Tom. Kelleher, Billy. Power, Peter. Kelly, Peter. Power, Sea´n. Kirk, Seamus. Roche, Dick. Kitt, Tom. Sexton, Mae. Lenihan, Brian. Smith, Brendan. Lenihan, Conor. Smith, Michael. McEllistrim, Thomas. Treacy, Noel. McGuinness, John. Wallace, Mary. Moloney, John. Walsh, Joe. Moynihan, Michael. Wilkinson, Ollie. Mulcahy, Michael. Woods, Michael.

Nı´l

Allen, Bernard. McGrath, Finian. Boyle, Dan. McGrath, Paul. Breen, Pat. McHugh, Paddy. Broughan, Thomas P. McManus, Liz. Bruton, Richard. Mitchell, Gay. Burton, Joan. Mitchell, Olivia. Costello, Joe. Morgan, Arthur. Cowley, Jerry. Murphy, Catherine. Crawford, Seymour. Noonan, Michael. Crowe, Sea´n. O’Dowd, Fergus. Cuffe, Ciara´n. O’Shea, Brian. Durkan, Bernard J. O’Sullivan, Jan. Ferris, Martin. Pattison, Seamus. Gilmore, Eamon. Perry, John. Gormley, John. Quinn, Ruairi. Gregory, Tony. Rabbitte, Pat. Harkin, Marian. Ring, Michael. Healy, Seamus. Ryan, Eamon. Higgins, Joe. Stagg, Emmet. Higgins, Michael D. Timmins, Billy. Hogan, Phil. Twomey, Liam. Howlin, Brendan. Upton, Mary. Kehoe, Paul. Wall, Jack. Kenny, Enda.

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

Question declared carried. E´ ireann should rise today until 14 June and I object to the business of the House being dealt An Ceann Comhairle: Is the proposal for deal- with in this fashion. ing with No. 25, statements on suicide, agreed to? Agreed. Mr. Rabbitte: I also oppose the proposal for Is the proposal for dealing with the adjourn- the adjournment of the House. There is a number ment of the Da´il until 2.30 p.m. on Tuesday, 14 of compelling matters that ought to detain the June 2005, agreed to? House next week. They include the 11 o’clock news that the latest chief executive- Mr. Kenny: That is not agreed. Only two fifths designate of the Health Service of the Cabinet members are present. The Executive will not now take up the post, given Taoiseach is absent, as is the Ta´naiste and the the difficulties in the health service. To put it at Minister for Justice, Equality and Law Reform. its mildest, this is something that ought to be As of this morning, we have no chief executive- debated in the House. In addition, we must return designate of the Health Service Executive. As to the nursing homes issue. The Minister for Fin- Oscar Wilde said in another context, to lose one ance will recall that in 1990 we had no difficulty is bad, but to lose two is careless. We need a in recalling the Da´il in mid-summer to take out a debate on this matter, as well as a debate on the section of the Companies Bill. The measure was issues arising from the report on nursing homes. put through the House in one day to rescue Mr. We also need to have a debate on the findings Larry Goodman and his meat factories at that of the Morris tribunal. I cannot agree that Da´il time. 1139 Order of 2 June 2005. Business 1140

[Mr. Rabbitte.] Mr. Gormley: It is irresponsible. I wish to move We currently have a Bill before the House, a an amendment to the Order of Business that the section of which would deal with the issue of an Da´il meet next Wednesday, 8 June. independent inspectorate for nursing homes. If that matter cannot be taken next week, it must Mr. Cowen: The matters referred to will be be taken before the House rises for the summer dealt with in the House. Arrangements have been recess. made for this year’s session to be longer than last Deputy Kenny referred to the Morris tribunal year’s. Arrangements have been in place for report. All of us in this House should hang our some time in the House to use the week of the heads in shame because the Government has June bank holiday for the purposes of ensuring never provided time to debate in the House the that the Da´il does not meet in plenary session on tribunal’s first report. There is no excuse for the that day, but all the issues raised by the party House rising next week. It can meet as normal on leaders this morning will be dealt with, and need Wednesday, Thursday and Friday if necessary to to be dealt with. discuss an issue so fundamental for our democ- The legislation regarding an inspectorate for racy. I oppose the proposal. public and private nursing homes will be ready later this year. The new framework will include Mr. Gormley: We have an unprecedented crisis more clarity on standards and more rights for in the European Union because of the compre- patients and families, and will ensure that nursing hensive rejection of the EU constitution by the homes meet modern-day standards with regard to French and Dutch people. We have major prob- health, safety and employment. lems in our nursing homes and hospitals. We have the exposure of corruption and mismanagement Ms McManus: In the meantime, who will pro- in the second Morris report. The response of the tect the elderly? Government to all this is to go on holidays and to take its Cabinet roadshow to Cork. In three Mr. Cowen: Regarding the Morris tribunal weeks’ time we are off on holidays again. report, initial statements will be made by party E´ amon O´ Cuı´v: The Deputy should speak for leaders and the matter will be debated in full in himself. the House.

Mr. Gormley: The Da´il will be in recess and we Mr. Neville: What about the Health Service are not being productive in this House. Executive?

Mr. C. Lenihan: The Deputy should speak for An Ceann Comhairle: Deputy Gormley has himself. proposed that we meet on Wednesday next and therefore that the words “Tuesday, 14 June 2005” Mr. Gormley: The Members on the other side be deleted and replaced with “Wednesday, 8 of the House are detached from the concerns of June 2005”. ordinary people and from reality. Question put: “That the words proposed to be Mr. Gallagher: Mr. Arrogance. deleted stand.”

The Da´il divided: Ta´, 55; Nı´l, 45.

Ta´

Ahern, Michael. Fitzpatrick, Dermot. Ahern, Noel. Fleming, Sea´n. Andrews, Barry. Glennon, Jim. Ardagh, Sea´n. Haughey, Sea´n. Brady, Johnny. Hoctor, Ma´ire. Brady, Martin. Jacob, Joe. Browne, John. Kelleher, Billy. Callanan, Joe. Kelly, Peter. Carey, Pat. Kirk, Seamus. Carty, John. Kitt, Tom. Cassidy, Donie. Lenihan, Brian. Collins, Michael. McEllistrim, Thomas. Cooper-Flynn, Beverley. McGuinness, John. Coughlan, Mary. Moloney, John. Cowen, Brian. Moynihan, Michael. Cregan, John. Mulcahy, Michael. Cullen, Martin. Nolan, M.J. Davern, Noel. O´ Cuı´v, E´ amon. de Valera, Sı´le. O´ Fearghaı´l, Sea´n. Dempsey, Tony. O’Connor, Charlie. Devins, Jimmy. O’Flynn, Noel. Ellis, John. O’Keeffe, Ned. Finneran, Michael. O’Malley, Fiona. 1141 Order of 2 June 2005. Business 1142

Ta´—continued

O’Malley, Tim. Treacy, Noel. Power, Peter. Wallace, Mary. Roche, Dick. Wilkinson, Ollie. Smith, Brendan. Woods, Michael. Smith, Michael.

Nı´l

Allen, Bernard. McHugh, Paddy. Boyle, Dan. McManus, Liz. Broughan, Thomas P. Mitchell, Gay. Bruton, Richard. Mitchell, Olivia. Burton, Joan. Morgan, Arthur. Costello, Joe. Murphy, Catherine. Cowley, Jerry. Murphy, Gerard. Crowe, Sea´n. O’Keeffe, Jim. Cuffe, Ciara´n. O’Shea, Brian. Durkan, Bernard J. O’Sullivan, Jan. Ferris, Martin. Pattison, Seamus. Gilmore, Eamon. Perry, John. Gormley, John. Quinn, Ruairı´. Gregory, Tony. Rabbitte, Pat. Harkin, Marian. Ring, Michael. Healy, Seamus. Ryan, Eamon. Higgins, Joe. Stagg, Emmet. Higgins, Michael D. Stanton, David. Howlin, Brendan. Timmins, Billy. Kehoe, Paul. Twomey, Liam. Kenny, Enda. Upton, Mary. McGrath, Finian. Wall, Jack. McGrath, Paul.

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

Question declared carried. Mr. Cowen: Let me be clear, the Minister for Justice, Equality and Law Reform and the Amendment declared lost. Government accept the findings of the report and will act on them. Last year, following the publi- Question, “That the proposal for dealing with cation of the first report of the Morris tribunal, the adjournment of the Da´il be agreed to”, put the Government dismissed a Garda superintend- and declared carried. ent. Another superintendent and a chief superin- tendent retired. The Garda Commissioner dismis- An Ceann Comhairle: It is now proposed to sed a number of members of garda rank. As the allow the Minister for Finance and the leaders of Minister for Justice, Equality and Law Reform the four parties in Opposition to make brief com- said yesterday, the Government and the com- ments on the Morris tribunal report. missioner will now urgently consider the impli- cations of the findings of this report for Mr. Cowen: The second report of the Morris individuals. tribunal reveals a very disturbing and shocking As the Minister also made clear, the response to this report must go far beyond the implications catalogue of events in the Donegal division of the for individual members. Substantial reform is Garda Sı´ocha´na some eight years ago. In short, required and that is what is before this House in the report finds that there was a rush to judgment the Garda Sı´ocha´na Bill, which I am glad to see on the part of the Garda Sı´ocha´na, but that there passed Committee Stage last night. The Bill pro- were also elements within the Garda who set out vides for the establishment of the Garda Sı´ocha´na to frame Frank McBrearty junior and Mark ombudsman commission to independently inves- McConnell for murder. While the report is reluc- tigate complaints against members of the force. It tant to make a finding that the investigation was also establishes a Garda Sı´ocha´na inspectorate to corrupt in its leadership, it finds that it was preju- examine and report on the effectiveness and diced and negligent in the highest degree. efficiency of the force on an ongoing basis, a pro- The Minister for Justice, Equality and Law vision was introduced to the Bill in response to Reform and the Government take the most the first report of the Morris tribunal. serious view of this report and consider that both The Minister for Justice, Equality and Law it and the first report should be urgently discussed Reform strongly believes the establishment of in both this House and the Seanad. The Whips these two bodies, together with the general are now arranging this. reform in the Bill of the Garda Sı´ocha´na and its relationship with Government, will transform the Mr. Costello: That is a change. system of accountability and oversight of the force. He has also appointed a committee, 1143 Order of 2 June 2005. Business 1144

[Mr. Cowen.] no legal aid was given to the McBrearty family, chaired by Senator Maurice Hayes, to oversee the who, along with others, are vindicated by the clar- implementation of the Bill as soon as it is ity of the findings of the Morris tribunal. enacted. He will also bring forward an amend- It is only fair to recognise that former Deputy, ment to the Bill to require gardaı´ to account for now Senator Jim Higgins MEP, and Deputy their actions as members of the force. This new Howlin were two people who stood up firmly duty has been identified as vital by the tribunal against a ferocious onslaught for an inquiry into and the proposed amendment to the Garda Bill this matter. Both of them deserve the credit of will be a key response to its findings and recom- the people. We might not be discussing this but mendations. The Garda Commissioner will for their stubbornness to pursue the truth and to shortly outline a comprehensive package of man- see it is brought forward. agement reform within the Garda Sı´ocha´na in Fine Gael believes in a strong, effective and response to the first report of the tribunal. accountable Garda Sı´ocha´na. We believe the As the Minister said clearly yesterday on pub- integrity of the force should be beyond question lishing this report, we have all been let down and that it should have the trust of the people. badly by the behaviour of a number of gardaı´ of Sadly, this report diminishes all those who have different ranks in Donegal. The majority of men given outstanding service in terms of service to and women in the Garda Sı´ocha´na, who have the country and public duty. given and continue to give loyal and dedicated We have supported the passage of the Garda service to the State, will be particularly shocked Bill through the House in order to speed up the and disappointed. The Minister also pointed out delivery of an independent and effective com- that it was only last week that we were reminded plaints system. It remains to be seen whether again of the dangers gardaı´ face in trying to pro- what passed through Committee Stage last tect the community, a situation in stark contrast evening is a vehicle of sufficient authority to deal to what is contained in this report from Mr. with situations like this. I look forward to com- Justice Morris. prehensive debate in the House. Out of it, I hope It is difficult to overstate the disservice done to the sea change that should come about, in terms the ordinary decent members of the Garda Sı´och- of structures and structural management within a´na by the shocking misconduct outlined in this the Garda and clarity of response and truth from report. The House will have the opportunity later Government, will see to it that integrity is this month to have a full debate on it and the restored to the only force we have to protect the Minister will outline his comprehensive response citizen from intrusion by vandals, thuggery and to this deeply troubling report. whatever else. It is a shame that at the very highest level of Mr. Kenny: I compliment Mr. Justice Morris on where people expect absolute security and integ- his clear and lucid report which is outstanding in rity, that the Morris report points clearly at a rot- the clarity of its language and the directness of its tenness right at its core. findings. This second report raises the most serious questions. I welcome the fact that there Mr. Rabbitte: The former President of the will be a full debate in the Da´il and Seanad and High Court, Mr. Justice Morris, deserves the I expect that debate will be open-ended. commendation and applause of the House. He The second report raises fundamental issues of probably despairs of the Legislature, however, the most serious import at every level. At the given its response to his first report. The Minister level of individual gardaı´ who are criticised in the for Finance told the House that the Government report, they must be dealt with immediately by takes a most serious view of this second report due process. There are serious systems issues and will act on it. The Minister for Justice, raised about the operation of gardaı´ at senior Equality and Law Reform said the exact same level and about the relationship between the thing about the first report, but he did not act on Garda and the Department of Justice, Equality it. I will not say that the Minister, Deputy Cowen, and Law Reform. does not understand this matter, but it appears There are also serious issues raised about the that it is not understood. It is not a matter of dis- political responses to the issues dealt with in these ciplining a few gardaı´ — that is not the issue. two reports, not least of which is a requirement It is important to mention that the Minister for of the previous Minister for Justice, Equality and Justice, Equality and Law Reform, who was not Law Reform, Deputy O’Donoghue, and the cur- available for whatever reason to answer hard rent Minister, Deputy McDowell, who in his questions from a very respected broadcaster on capacity as Attorney General advised the then “Morning Ireland” this morning, is usually happy Government on every occasion that there was no to make himself available to Pat Kenny for a cosy need for a public inquiry into these matters, to fireside lecture to the nation. When efforts were explain their response. The Government has a made in this House to establish the tribunal now clear duty to respond quickly, properly and truth- known as the Morris tribunal, Deputy McDowell fully in respect of these matters. We also need opposed it tooth and nail. The legal representa- statements from Deputies O’Donoghue and tives of the McBrearty family had made clear to McDowell as to their reasons for setting their face him and to the then Minister for Justice, Equality against an inquiry. That should include reasons and Law Reform, Deputy O’Donoghue, what was 1145 Order of 2 June 2005. Business 1146 going on in County Donegal. The current and week in Tralee, before the second Morris report previous Ministers for Justice, Equality and Law was published, we need an independent com- Reform resisted the establishment of the tribunal. mission on policing. Contrary to the suggestion of the Minister for Finance, the Garda Sı´ocha´na Bill, which is cur- Mr. Quinn: Like the Patten commission. rently before the House, does not amount to sub- stantial reform. The Minister, Deputy Cowen, has Mr. Rabbitte: Such a commission should be suggested that it is a significant reform that gardaı´ charged with going up and down the country, to on duty will be required under the Bill to account community halls etc., to take evidence from ordi- for their actions, but nothing could be further nary law-abiding citizens about the efficacy, from the truth. Members of the House should efficiency, appropriateness and responsiveness of repeat publicly in this Chamber, in preparation policing in today’s world. Mr. Chris Patten was for the full debate on this matter which we will able to complete his work in 18 months. Those of have in due course, what they are saying in us who have spoken with Mr. Hugh Orde in private. recent times about developments in policing in Northern Ireland have learned a lesson about Mr. Quinn: Hear, hear. what might happen in this jurisdiction. The Mini- ster for Justice, Equality and Law Reform has not Mr. Rabbitte: The performance of the Garda adopted the Nuala O’Loan ombudsman pre- Sı´ocha´na is central to our democracy. It is clear cedent. The Garda Sı´ocha´na Bill does not pro- that what has happened in County Donegal is a vide for a Garda authority. It is plain that the scandal that implicates the gardaı´ who were Department of Justice, Equality and Law Reform directly involved. However, it is also an indict- has captured the Minister, Deputy McDowell, ment of the appropriateness in the 21st century despite all his talk and the fawning of some of the structures which govern the force. The members of the media who are in thrall to him. Government is not addressing that at all. The notion of a Garda authority was outlined in the An Ceann Comhairle: The Deputy’s more Labour Party’s proposals in this regard, which detailed comments might be more appropriate were published by my colleague, Deputy Howlin, when the debate promised by the Minister for five years ago. That notion was entirely different Finance takes place. I ask him to make a brief to the Garda Sı´ocha´na Bill’s pandering to a comment this morning. We have already spent Garda inspectorate. The Garda authority, as pro- some time on this matter. posed by Deputy Howlin, would be separate from the Department of Justice, Equality and Law Mr. Ring: Deputies should be allowed to speak Reform. It would set a plan for policing, monitor about the McBrearty family and the tribunal standards and have a supervisory function. It today. would assess the effectiveness and efficiency of policing in this State in its annual report. That is An Ceann Comhairle: We cannot have a absolutely central to our society. wholesale debate. The former Minister for Justice, Equality and Law Reform, Deputy O’Donoghue, refused to Mr. Rabbitte: Is the Ceann Comhairle trying to extend the purview of the Department of Justice, tell me that I should stop, or is he trying to write Equality and Law Reform in this regard. It was my future scripts for me? excised from the terms of reference. It is plain from the quick glance I have had at the Morris An Ceann Comhairle: The Deputy will report that Mr. Justice Morris is not just talking appreciate that the Chair, in order to facilitate about a little local difficulty in County Donegal Deputies, has allowed brief statements by the — it is far more serious than that. I have great Minister and each of the four Opposition parties respect for the Garda Commissioner, Noel this morning. Conroy, but I cannot understand why he said, as recently as three weeks ago, that the inquiry into Mr. Ring: The matter will be discussed on the the death of Mr. Richie Barron was thorough and radio today. efficient. The House should be profoundly dis- turbed by remarks of that nature. An Ceann Comhairle: We cannot have a full- It is not too late to take advantage of the scale debate. The Chair set Standing Orders aside opportunity, presented by the Garda Sı´ocha´na to facilitate Members in the House. Deputy Bill, to take action in this regard. We need a com- Rabbitte should see it in that spirit. mitment from the Government that it will implement all the recommendations of the Morris Mr. Durkan: Spirit is right. report. The Minister for the media took full credit yesterday for Mr. Justice Morris’s report, even An Ceann Comhairle: I do not know why it is though he opposed the establishment of the tri- necessary for Deputy Rabbitte to engage in con- bunal. He could have imported the recommend- frontation with the Chair by suggesting that it is ations of the first Morris report into the Garda trying to impose some restriction on him. The Sı´ocha´na Bill, but he did not do so. As I said last Chair is not trying to do so. 1147 Order of 2 June 2005. Business 1148

Mr. Rabbitte: I do not know why the Ceann management. It exonerates Mr. McBrearty and Comhairle thought it necessary to interrupt my Mr. McConnell and indicates that they were ruth- few remarks. I ask him not to see his decision to lessly and viciously framed by the Garda. Their allow this debate as a facilitation of Members. lives were made a hell. Were it not for the ten- This debate is central to our democracy. acity of Mr. McBrearty, Deputy Howlin and Senator Jim Higgins, this matter would not have Mr. Ring: That is correct. come to light. I pay tribute to the Members of the Opposition for acting in the way they did. An Ceann Comhairle: The reality is that the Mr. McBrearty came to our conference this Chair facilitated Members. year. After he spoke, he received a standing ovation. It was clear that this was a man who Mr. Rabbitte: I would rather if the Ceann believed in his cause and believed in truth and Comhairle saw his decision to allow this debate justice. He was willing to pursue that cause until as a reflection of the necessity for the House to the very end. He is a very fine individual of whom do justice to the serious report that was this country should be proud. He is an ordinary expeditiously produced by Mr. Justice Morris. person who battled against the odds and made Nothing in the new Garda Sı´ocha´na Bill will great progress. He has not yet won totally, but he address the core issue, which is that unaccount- has been totally vindicated. However, this matter able power is a very dangerous thing. That the has a long way to go. Bill is before the House at present gives the The Minister for Justice, Equality and Law Government and the Minister for Justice, Reform as Attorney General tried to stall Mr. Equality and Law Reform an opportunity to McBrearty’s quest for justice for as long as he make changes. I ask the Minister to return to the could. The Minister has been dragged kicking and House with proposals that do justice to Mr. screaming to the altar of justice by Mr. Justice Morris’s second report and take on board McBrearty and others. his recommendations. The Government should Let us have the truth because, in a sense, the accept the need for a root and branch investi- spin has worked. The Minister spoke yesterday as gation of policing by establishing an independent if he were the person who had pursued justice. policing commission. If we follow the method- There may be people who believe this, but let us ology of Mr. Patten, we will know how long it will put the record straight. This Minister for Justice, take. Certain people are willing to undertake the Equality and Law Reform has behaved disgrace- task of listening to ordinary citizens who, like the fully. He has not acceded to the reasonable overwhelming majority of Members of the requests of the McBrearty family. He has let House, are entirely disposed to supporting the them down, so much so that they have called for Garda. his resignation. However, he can no longer pro- Mr. Justice Morris concluded his report by say- crastinate. What will be done? Will there be res- ing that terrible damage has been done to the ignations and sackings from the Garda Sı´ocha´na? Barron and McBrearty families and others. The Will we sit on this? Will the recommendations be House should be alarmed by the notion that a implemented immediately or will there be a stal- number of people could be in prison for a murder ling process? that never happened. Deputy Howlin’s case, In light of this damning report, the Green Party which relates to the protection of a whistleblower, has called for a proper independent body to is still before the Supreme Court. The case is still investigate fully complaints against the Garda. pending in the wake of the two Morris reports. This would be along the lines of what has been The work of Deputy Howlin and Senator Higgins established under Nuala O’Loan in Northern led to the establishment of the tribunal in the first Ireland. which has worked effectively. The Mini- instance. Mr. Justice Morris states at the end of ster resisted the proposal, yet what we heard from his report that although serious damage has been him this morning is that he will put forward a done to the Barron and McBrearty families, the sticking plaster proposal by amending the Garda greatest damage has been done to conscientious Sı´ocha´na Bill. This does not go far enough. The members of the Garda Sı´ocha´na. Green Party and other parties in this House Mr. Quinn: Hear, hear. pushed for this and we will continue to push for proper accountability within the Garda Sı´ocha´na. Mr. Rabbitte: Gardaı´ who take pride in the uni- Root and branch reform of the Garda Sı´ocha´na form and do the job to the best of their ability is required. We are not getting root and branch have been diminished by what went on in County reform because the Minister is not a reforming Donegal. This Legislature is not addressing that. Minister. He is the Minister for spin who does not The Government resisted the attempts of Deputy deliver. We know from the figures given last Costello and others to ensure that the first Morris week that crime is increasing. He has successfully report was debated in this Chamber. spun his way throughout his Ministry and some people appear to believe he is doing a good job. Mr. Gormley: I join other Members is paying I do not believe he is doing a good job. He is tribute to Mr. Justice Morris on his fine second doing a very bad job for this country. report, which reveals a litany of negligence, cor- The Green Party will continue to campaign for ruption, lies, deceit, cover-ups and appalling mis- proper accountability and standards within the 1149 Order of 2 June 2005. Business 1150

Garda Sı´ocha´na. We hope the Government will An Ceann Comhairle: As I pointed out to listen to what we are saying at this stage. It is the Deputy Rabbitte, a brief comment is in order this second damning report from Mr. Justice Morris morning on the Morris tribunal report and a more and it cannot be ignored. detailed comment may be made in the debate which has been promised in coming weeks. Mr. Ferris: Like previous speakers, I welcome the second report of the Morris tribunal. The Mr. Ferris: With respect, I would be failing in belief that what happened in Donegal was as a my responsibility as a public representative if I result of a small number of gardaı´ effectively did not bring to the notice of the House today the being out of control is something that needs to be use of Garda informants in the Donegal matter, examined. If that were the case, one would which was very evident in the report. assume there was never a heavy gang in the State. An Ceann Comhairle: I am not saying the While a prisoner in Portlaoise Prison in the 1970s, Deputy cannot raise the matter. I am saying that, I witnessed at first hand Nicky Kelly, a colleague it is now 11.40 p.m. and the Chair is facilitating a of Deputy Rabbitte, being helped up the stairs brief comment on the second report of the Morris after being brutally assaulted and beaten by tribunal. More detailed comment will be allowed members of the special branch. Not one member in the debate on the report which has been prom- of this heavy gang was held accountable for their ised in coming weeks. brutal actions. This also calls into question the sacrosanct evi- Mr. Ferris: I welcome the fact that this issue dence accepted by the Special Criminal Court, will be debated. The debate must take into where the word of a special branch man as account all the aspects I have raised, including against a defendant is taken as absolute, even to issues that were hidden by this House and the the extent that verbal admission, regardless of State in the past. People were never held account- how it is extracted, is accepted as evidence to able for the wrongs and injustices they per- secure convictions. As elected representatives, we petrated against victims inside Garda barracks. must ensure that what took place in Donegal and Members of the special branch were given the what is taking place in many other areas does not freedom to do what they wished. I look forward happen again. Since becoming a Member of this to the debate to which I will contribute in due House, I have been trying to get the Minister for course. Justice, Equality and Law Reform to examine the planting of a gun in a man’s car, but to no avail. Mr. Kenny: When is it proposed to make a The gun was subsequently destroyed on the statement on the fact that Professor Brendan Drumm will not take up the post as chief execu- orders of the Minister. This speaks volumes about tive officer of the Health Service Executive? this man who opposed the setting up of this inquiry. He has resisted it from the beginning. As An Ceann Comhairle: That does not arise on Deputy Gormley said, he is now saying he deliv- the Order of Business. The Deputy should raise ered on this. an appropriate issue. We must also examine the convictions secured on evidence produced by the senior gardaı´ men- Mr. Kenny: Are there proposals to amend the tioned in this report. Where do the victims stand Freedom of Information Acts so that reports of in all of this? It is likely that many innocent nursing home inspectors can be made available people in many counties were convicted on verbal on the Internet free of charge to members of the admissions or signed statements, regardless of public? Currently, they must apply under the Act how they were extracted. I attended meetings and pay a fee. Will the reports be made available with Joe Costello in the 1970s and 1980s when free of charge? there was an attempt to raise this issue, but the State stopped it. I recall the Fianna Fa´il Party in Mr. Cowen: I understand no legislation is Opposition speaking out against the heavy gang, promised in that area. but when it went into Government it did nothing about it. Mr. Kenny: However, one must pay to obtain There are many issues to be examined in this reports under the Freedom of Information Acts. They should be available free of charge. regard. I suggest that the Morris tribunal should include in its terms of reference the collusion in Mr. Rabbitte: Does the Ta´naiste and Minister the assassination of Donegal county councillor, for Health and Children intend to make a state- Eddie Fullerton. He was shot dead in his home ment about the latest appointee to the chief and nothing has been done about it. The investi- executive of the HSE not to take up the post? gation has been hindered because elements in control of the British forces were involved in the Mr. Cowen: I am not aware of this issue, case. We must also examine the use of informers although I heard some breaking news on the 10 — people who would sell their soul for money. a.m. news bulletin. The HSE is meeting this after- These people were being used without any noon. We must await the outcome of the meeting accountability. before we can make further comment. 1151 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1152

Deputy Gormley rose. proposal for a directive of the European Par- liament and of the Council on certain aspects An Ceann Comhairle: It is 11.40 a.m. I will call of mediation in civil and commercial matters, the Deputy first the next day the House sits. a copy of which proposed measure was laid ´ Mr. Gormley: That is discrimination. The before Da´il Eireann on 9 November 2004. Ceann Comhairle said I would be called first the next day and I will take him up on that. Question put and agreed to.

An Ceann Comhairle: The House must move Waste Management (Electrical and Electronic on with its business. Products) Regulations 2005: Motion.

Maritime Safety Bill 2004 [Seanad]: Financial Minister of State at the Department of the Resolution. Taoiseach (Mr. Kitt): I move: ´ Minister for Finance (Mr. Cowen): I move: That Da´il Eireann approves the following regulations in draft:— That provision be made in the Act giving effect to this resolution for the charging, under The Waste Management (Electrical and regulations made for the purpose of ensuring Electronic Equipment) Regulations 2005, the safety of passenger boats and their passen- copies of which were laid in draft form before gers and crews, fishing vessels and their crews Da´il E´ ireann on 18 May 2005. and pleasure craft and their occupants, of such fees as may be prescribed by the Minister for Question put and agreed to. Communications, Marine and Natural Resources with the consent of the Minister for Finance. Criminal Justice Bill 2004: Second Stage (Resumed). Question put and agreed to. Question again proposed: “That the Bill be now read a Second Time.” European Small Claims Procedure: Motion. Mr. Andrews: I refer to the Morris tribunal. Minister of State at the Department of the The judge is fearless and his report points up Taoiseach (Mr. Kitt): I move: serious misdemeanours on the part of gardaı´ in That Da´il E´ ireann approves, in accordance Donegal. Perhaps the time has come to consider with Article 29.4.6° of Bunreacht na hE´ ireann, that the circumstances are exceptional enough to the exercise by the State of the option, pro- sanction legal aid for the McBrearty family vided by Article 3 of the fourth Protocol set because, clearly, the tribunal would benefit from out in the Treaty of Amsterdam, to notify the proper legal analysis of the issues facing Frank President of the Council of the European McBrearty and his family. Union that it wishes to take part in the adop- However, I am concerned when everybody tion and application of the following proposed criticises the Garda because it is an exceptional measure: public agency and morale is key to the proper discharge of its functions. Gardaı´ put themselves proposal for a regulation of the European in harm’s way to protect the public and their Parliament and of the Council establishing a work is associated with constant danger. They put European small claims procedure, their lives at risk at times and it should be borne a copy of which proposed measure was laid in mind that, while their behaviour should be before Da´il E´ ireann on 12 April 2005. analysed and scrutinised with due rigour, the Garda is a different public agency and its work is different from anything else. Question put and agreed to. When I contributed previously to the debate on this legislation, I raised concerns about Part 3. EU Directive: Motion. I refer to the issue of anti-social behaviour orders, which are the subject of wide debate. They are Minister of State at the Department of the good in theory and I support the inclusion of such Taoiseach (Mr. Kitt): I move: orders in the legislation, which the Minister stated That Da´il E´ ireann approves, in accordance he would address later by way of amendment. with Article 29.4.6° of Bunreacht na hE´ ireann, However, a clear and simple definition of “anti- the exercise by the State of the option, pro- social behaviour” must be provided and obvious vided by Article 3 of the fourth Protocol set dangers must be avoided such as creating a char- out in the Treaty of Amsterdam, to notify the ter for bullies in local communities. People forget President of the Council of the European that the Minister has proposed the equivalent of Union that it wishes to take part in the adop- a yellow card for offenders so that they know if tion and application of the following proposed they reoffend, they face the possibility of criminal measure: sanction but if they do not, there is no danger 1153 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1154 of them being criminalised. People have the will, mately ten years ago by the famous defence law- volition and capacity to change their behaviour yer, Mr. Barry Sheck, who defended OJ Simpson. and the intention of a punishment, sanction or He described how a DNA database is of benefit penalty is to change a person’s behaviour. to not only prosecution lawyers but also defence Some of the opposition to the ASBOs, partic- lawyers. I would welcome such a database. A for- ularly where children are concerned, is fair but ensic scientist in the UK commented that, so suc- some is unreasonable. A recent editorial in Hot cessful has such a database been in Scotland, pol- Press compared ASBOs to kneecapping by pro- ice there cannot remember what it was like trying visional republicans. It said it was a State version to prosecute and resolve investigations without of such street thuggery because the Garda would one. act as judge, jury and executioner. That is way over the top and that analysis is hardly worthy of Mr. G. Murphy: The Criminal Justice Bill and comment, except that Hot Press goes into detail the Garda Sı´ocha´na Bill are major Bills that will about its concerns about ASBOs. have significant impact on our criminal justice I agree with the need to review whether such system. The latter is reaching its final Stages in orders should apply to children. Much has been the Oireachtas and will likely pass all Stages by said about the non-implementation of parts of the the summer recess. However, as has been said Children Act 2001, which is a concern for every- this morning, the Minister has promised a debate body. For example, the power of a court to bind in the House on the second report of Judge parents to the peace has not been provided. That Morris. That the changes proposed in the Garda has been raised by many members of the public. Sı´ocha´na Bill are thoroughly reviewed in light of The Act also provides for a parental supervision this report is important. Having said this, the Bill order to be imposed by a court but that has not goes some way towards answering Judge Morris’s been implemented. This would require parents to criticisms, particularly by way of the introduction engage in parenting courses and courses to deal of the Ombudsman Commission and the Garda with addictions. Such orders would address con- inspectorate. cerns being expressed by the public without going I welcome the development of a new emphasis down the road of using ASBOs for children. on community policing as it will be an invaluable Restriction of movement orders were also pro- tool for the criminal justice system. This is a long- vided under the Children Act 2001 but they have term project and its benefit for crime figure not been implemented. These would allow a reductions may not be seen for many years to court to restrict the movement of a child through come. The Minister and this Government have a curfew if he or she has committed an offence. been losing the battle against crime until now. If these provisions were implemented, people’s Muggings, robberies, increased drug trafficking concerns would be reduced. Until the Children and organised crime frighten and terrify many of Act 2001 is fully implemented, the further crimi- our citizens. The Government has been in power nalisation of children should be avoided. I do not for almost eight years. While in Opposition dur- support ASBOs for children but if they are intro- ing the two years prior to that time, all the current duced for them, they should only be used as a Minister spoke about was zero tolerance regard- last resort. ing crime. However, only after eight years has it Many members have commented on the suc- been realised that crime must be tackled at its cess of juvenile liaison officers throughout the source and that preventive measures are the most system. Community service orders should also be successful. Hence, the new emphasis on com- considered for 16 and 17 years olds. They are pro- munity policing. vided for in legislation but they have not been No one can accuse the Minister of not introduc- implemented. The Criminal Justice (Public ing enough legislation. We have buckets of it, Order) Act 1994 identifies offensive conduct and most of which is not workable and of little effect threatening behaviour as a crime. In addition, because it is not resource-based. Consequently, it when a person is brought before the District has no effect on real criminals. The new reliance Court, he or she can be found guilty of an offence on laws and regulations is having an effect on but the judge can exercise discretion to impose ordinary citizens. A phrase that is commonly used the Probation Act, which means no criminal by an increasing number of ordinary citizens is offence has been recorded but if a further offence that we are living in an open prison. This feeling is committed within a certain period, the offender is not due solely to legislation and amending faces criminal sanction. This is a “yellow card” legislation being introduced by the Minister for procedure in existing legislation. To think we are Justice, Equality and Law Reform. The feeling dealing with an empty canvas would be wrong. has been created by the raft of legislation intro- Regarding Part II of the Bill, the issue of a duced by the Minister alongside what appears to DNA database was discussed at a conference be more and more regulations springing from the hosted last week by the Director of Public Pros- Departments of the Environment, Heritage and ecutions. Such a database is not included in this Local Government, Agriculture and Food, Fin- Bill but the Minister said on Second Stage that he ance, Transport and so forth on a daily basis. hoped the Law Reform Commission would table This perception is not helped by regulations proposals on the matter. I agree with this sugges- and legislation that are badly thought out. tion absolutely. I attended a lecture approxi- Initially, we had legislation that allowed our chil- 1155 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1156

[Mr. G. Murphy.] control. Murders, robberies and muggings are dren to eat with us in pub restaurants until 9 p.m. constantly in the headlines. The Minister con- only. Some months after this, the time changed tinues to get the support from a large section of to 10 p.m. and, by the same stroke of the all the public and the Opposition because everyone powerful Minister’s pen, the summer season was hopes that what the Minister refers to as a final extended from 1 May to 30 September. The Mini- and comprehensive package of legislation will ster also introduced a raft of regulations to clear solve the problem eventually. up any misunderstandings there may have been In desperation, the Opposition and sections of about the original legislation. “Separate area” the general public support this Bill. Due to this became a legal term. Under 18s could not hold a feeling, people are prepared to accept laws that non-alcoholic disco in a bar or nightclub but, sev- infringe upon their individual rights to a certain eral months later, it became allowable if a new extent. Some aspects of this Bill seem reasonable raft of regulations introduced by the Minister in current circumstances. There is a statutory could be understood and implemented. We are power to preserve crime scenes, a general power reaching the stage when hoteliers, youth workers regarding search warrants and the curtailing of and gardaı´ must be experts in law to keep up with the right to freedom by increasing detention these changes and interpretations. periods to up to 24 hours for arrestable offences. One of the most serious problems for motorists On closer examination, these are worrying is the number of fatalities and injuries on our changes. roads. The insurance industry blames these for A person’s home enjoys special status under the massive increases in insurance prices, which the Constitution. It is protected by Article 40.5, affect everyone’s personal budgets and the coun- which clearly states that “the dwelling of every try’s competitiveness as a whole. The penalty citizen is inviolable and shall not be points system was to be the solution. Legislation 12 o’clock forcibly entered...”. There is no was introduced and worked for a few months but doubt that taking the power from the the Government again failed to properly think Judiciary, an independent arm of the State, and out the legislation and provide the necessary giving it to superintendents of the Garda Sı´och- resources to enforce it. The number of fatalities a´na considerably weakens this constitutional pro- and injuries increased gradually until it is now as vision. It puts power totally in the hands of law high if not higher than it was before the introduc- enforcers, with no judicial or lay involvement. tion of the points system. This may work well when the institutions of the New speed limits were introduced recently State and the Garda Sı´ocha´na are beyond without reclassifying regional roads. Many parts reproach. However, there have been times in the of the country do not have national primary roads past — and perhaps there may be in the future or motorways. In some cases, they have excep- — when this was not the case. It is at times of tionally good regional roads, on which the gen- difficulty that constitutional rights protect the eral public is now obliged to drive at 80 km/h on ordinary citizen from potential abuses by the journeys of up to 200 kilometres. Other smaller State and its law enforcement agencies. byroads where speed limits should be 50 km/h or The basic civil right to liberty will be eroded by less have speed limits of 80 km/h. When one the extension of detention periods. Again, this is raises this issue, the answer given is that these not such a serious problem when organs of the roads are being reclassified, most of which should State are beyond reproach. However, the right to be done by Christmas. How can the general freedom and the presumption of innocence are public have respect for and confidence in the law fundamental civil liberties designed to protect the when its experience of these Fianna Fa´il-Pro- ordinary citizen when State institutions are sus- gressive Democrats legislators is that they will pect or law enforcement excessive. probably get something wrong the first time or The Minister for Justice, Equality and Law will not provide the resources to implement the Reform admits that changes in the law allowing regulations and laws they introduce? the Garda Sı´ocha´na to take bodily samples, such In light of this background, I will address some as saliva, from those in custody will help to create of the issues arising from this Bill. Following the a DNA database. I accept that this is a debate for collapsed Liam Keane murder trial, there were another day and another Bill, as argued by the calls from the general public, the Garda and the Minister, but the changes in this Bill are laying Opposition for more powers for the Garda Sı´och- the foundation stones for a DNA database. a´na. This call occurred despite having introduced Section 15, part 3 is to be welcomed in the much significant legislation due to our history and present circumstances. There is no doubt that successive Governments’ efforts to quash terror- subversive organisations and barbaric criminal ism. After the murder of Veronica Guerin, there gangs, not that there is any difference between were more calls for greater powers to be given them, have too often intimidated witnesses to to the Garda and for more legislation. Further such an extent that they fear for their lives if they legislation followed the atrocity in Omagh. One appear in court to give evidence. As the Minister would think that these laws together would be pointed out, the need for provisions of this nature sufficient to contain the lawlessness we face today was highlighted by the collapse of the Keane mur- but such is not the case. The general public and der trial, when witnesses who had previously the Minister himself feel that events are out of given statements to the Garda Sı´ocha´na recanted 1157 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1158 and refused to give evidence against the accused more specialisation and professionalism; and in court. more equipment and technology of all descrip- However, agreeing to this provision violates tions. Otherwise, we will perpetuate the myth the right of a person to confront his accuser. that legislation will solve our problems. Powers like these should be used sparingly and only on a temporary basis and therein lies Mr. Carey: I wish to share time with Deputy another problem. Once legislation is passed, it is McGuinness. seldom repealed. Most of the anti-terrorism Acts I find it unusual to take part in a Second Stage introduced over the years are still part of our debate on the Bill currently before the House legal system. One solution to the problem of the because, having reviewed the Minister’s speech infringement of civil liberties that this Bill creates on the matter, the legislation that eventually is to build in a clear provision that these sections emerges from this process will include many new will be thoroughly reviewed on a two yearly basis. provisions, therefore changing much of the Bill. On section 30, the Fine Gael spokesman on While I support the general thrust of the Bill as Justice, Deputy O’Keeffe, has made it clear that currently published, I am not willing to write the the party does not believe that arms control Minister a blank cheque for the issues he is con- should be dealt with in the context of this Bill. cerned with or, for those that have been referred Fine Gael will, if necessary, introduce a private to in the media. Therefore, in addition to com- Members’ Bill to deal with the firearms issue in a menting on the provisions of this Bill, I will refer far wider and more comprehensive manner. to additions that can be made to make it more On the face of it, section 29 appears to be effective. reasonable in providing for on-the-spot fines for Everyone agrees there is no acceptable level of public order offences. The question is, however, crime and any fear of crime within a community what is a public order offence? There are many is unacceptable. Unfortunately, despite the fact different interpretations. The Garda Sı´ocha´na that levels of crime have fallen in recent years, and judges disagree on this issue on a daily basis. people’s expectations of being victims of crime Individual gardaı´ will differ in their understand- continue to grow. For this reason, I am in favour ing of what constitutes a public order offence. of measures that will enable a more effective fight Some members of the Garda Sı´ocha´na will main- against crime. It is our job to make provision to tain that a group of young people arriving into protect people while, at the same time, we con- their home town, having won a match, singing sider ways to successfully prevent crime and, and celebrating after dark, is a public order more importantly, to prevent people becoming offence. Other members of the force would involved in criminal activity. In this context, I totally disagree with this. Therefore, very strict refer to some of the major issues included in the guidelines must be given to the Garda Sı´ocha´na Bill before the House, especially as they relate to ensure an even-handed approach to the issuing to children. of on-the-spot fines. A recent development in policing may be the The Minister for Justice, Equality and Law most fundamental advance for communities for Reform has not clarified whether payment of an several years, namely, the increase in co-oper- on-the-spot fine will result in a criminal or other ation between the Garda Sı´ocha´na, local auth- record for the person involved. In this context, orities and community representatives. The we are mainly dealing with young people, many development of joint policing committees is an of whom still live with their parents, are in edu- excellent initiative for which I warmly compli- cation and dependent on their parents. Many ment the Minister. These committees will provide more have full-time or part-time jobs. They might a forum where the Garda Sı´ocha´na and the local decide that, even though they consider them- authorities can co-operate and work together to selves innocent, the easiest solution is to pay the address local policing issues such as estate man- fine. Then there would be no need for expla- agement, planning, traffic, street lighting and nations to their parents and no risk of exposure public order. Their role is to facilitate discussion in the local press. A record of any offence can on matters of local concern and to develop new have serious consequences for young people. It strategies to combat problems. can affect their work, educational or travel pros- I represent Dublin North West, where incid- pects. I urge the Minister to examine these issues ences of anti-social behaviour and low level crime and confirm that the payment of on-the-spot fines have caused serious problems in some areas. will not create a record for the individual However, contact among local residents associ- involved. ations, garda liaison officers and public represen- If the introduction of new laws would solve our tatives has been of tremendous benefit in com- law and order problems, then we would live in a batting such offences. I regularly attend the Safer crimeless society at this stage. We should look in Ballymun and Safer Finglas meetings aimed at other directions for solutions — better education, increasing local co-operation with the Garda particularly at primary school level; better sport- Sı´ocha´na and building trust in the authorities in ing facilities for young people; more gardaı´ on the the area. On both counts, they have been very streets; more community gardaı´, well resourced successful. At these meetings, we have recognised and independent from the mainstream force; a re- that crime and anti-social behaviour are societal vamp of the Garda training regime, to introduce problems and therefore need to be dealt with by 1159 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1160

[Mr. Carey.] restrictions on movement or a direction to stay society as a whole. We have recognised that if we away from alcohol and drugs. This is the type of lumber the entire responsibility on to the Garda, restorative justice that we hope will stop children we do ourselves and our community a grave dis- taking up criminal activity in the first place. service. In saying that, I also believe that Garda However, the reality is that this is not hap- numbers and visibility are of the utmost import- pening. The lack of bail support and lack of ance. I am an ardent supporter of community resources for the probation services means that policing, which has long been treated as a poor many of these conditions are too difficult, time- relation of the Garda services. In the past, com- consuming and too draining and are setting up munity policing has lacked resources, pro- young people to fail. If these children end up motional prospects and status within the force. If serving a custodial sentence, the possibility of we are to keep the Garda on board in a real part- them halting their criminal activity as adults is nership with the community, we must ensure very slight. For example, if we look at figures community policing receives as much funding and from Trinity House in Lusk, which is one of the support as necessary. I know the Garda budget is few links in the juvenile justice system that now at an all-time high and I call on the Minister experts believe to be working, almost one half of to ensure that funding continues and grows in the offenders there end up in adult prisons within order for community policing to flourish. six months of their release. Even if they avoid I compliment the Minister for introducing further detention, they often end up in health Operation Anvil. In the last two weeks in my con- board care or become homeless. This is stituency it has been successful in combating a unacceptable and cannot continue. number of issues that have been of concern to us Before we introduce another way in which our for some time. While I do not wish to stray into children may end up in the criminal justice system the issues raised by the publication of the report — through ASBOs — the Minister should ensure of the Morris tribunal, it is imperative that every the Children’s Court system is radically improved measure is taken to ensure that trust is restored because it is currently failing children and us. and maintained in the Garda force. Having spent 30 years in primary teaching, most I wish to deal with children in our criminal of which was spent in youth work, I believe that justice system. There has been much debate over 99% of young people are not intent on causing the last two months regarding the introduction of wanton damage even when they are playing loud anti-social behaviour orders or ASBOs. Before music and wearing hooded tops. They can be inti- anyone gets into the rights and wrongs of this midating but there is a big difference between scenario, I wish to discuss how children are that and being involved in anti-social behaviour. treated in our criminal justice system. The sad truth is that the Children’s Court system is failing There is growing concern about incidents of our young people. Rather than removing them anti-social behaviour. In my constituency, I am from criminal activity it is causing them to enter aware of many vulnerable people, particularly old an endless cycle of offending and detention. This people, who are subjected to serious nuisance and is the awful reality that many people face every forms of harassment, which can cause great dis- day. Many of my young constituents are caught tress. However, I also know that when it comes to up in this system, their families are affected resolving juvenile crime, it is best to use a holistic entirely by it and I cannot let the opportunity approach and keep everyone — gardaı´, parents, pass by without discussing it. community representatives and schools — A recent study of approximately 1,000 cases in involved. This is just a short list of the various the Children’s Courts in Dublin, Cork, Limerick groups that need to be involved in dealing with and Waterford has highlighted that a lack of sup- juvenile crime. We need to combat anti-social port and early intervention for young offenders behaviour but we also need to provide a range of means that detention is not being used as a responses that can be tailored by the courts to measure of last resort but rather as a measure of meet the needs and circumstances of individual system breakdown. The report found that there young people. has been a significant increase in detention rates Where the behaviour of young people is diffi- from 10% to more than 20% in recent years, ris- cult to manage or out of control but is not crimi- ing to almost 30% if suspended sentences are nal, the Children’s Act 2001 already contains pro- included. The majority of the cases in the study gressive measures to address this situation by involved young males aged between 16 and 17 diverting them from future criminal activity. who tended to come from backgrounds of disad- Garda diversion programmes, family conferences vantage and poverty. A range of problems was and community sanctions are some of the many prevalent among the children studied, including ways we can decrease anti-social behaviour and mental health issues, behavioural problems and low-level crime. The Act should be fully alcohol and drug addiction. Despite presenting implemented and resourced to allow this system with such problems, the courts did not appreciate to work. Finding resources can often be difficult the complexity of the issues facing the child in but in 2002 the annual cost to the State of keeping many cases. While few cases overall resulted in a boy in Trinity House was nearly \250,000 and custodial sentences, many of the children were these funds could be better used by resourcing granted bail with conditions such as a curfew, the Children’s Act. 1161 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1162

I congratulate the Minister on his efforts thus way to look at the correspondence I sent his far in introducing legislation to increase our fight Department and determine if the family can be against crime, increasing the Garda budget, intro- assisted in any other way. ducing joint policing committees and supporting One of the specific issues mentioned by the community policing. All these measures will cer- Minister was anti-social behaviour orders. I fully tainly make the fight against crime more effec- support strengthening the Garda position in deal- tive. While I support the thrust of the Bill, I urge ing with those who are involved in anti-social the Minister to take the concerns of many behaviour but this is a blunt instrument and it Members about certain elements of it on board. should not be applied in the way suggested. It is I also ask him to consider the points I have raised insufficiently defined and significant harm could about our current juvenile justice system and cur- be done to young people in this country. It is the rent legislation covering juvenile crime before wrong way to deal with anti-social behaviour. We introducing further ways to deal with these young should examine the legislation that is already in people. I look forward to keeping a close eye on place but not implemented. This Bill offers an the debate on this Bill and as the debate ideal opportunity to examine that legislation and develops, to seeing the fruits of this in the final to spend the money where it needs to be spent, Bill presented to the House. that is, in supporting gardaı´ in a positive way and, in turn, extending that support to the communi- Mr. McGuinness: In general I welcome the ties we represent. content of this Bill. The Bill has some aspects that Community policing has been greatly praised I am concerned about and some aspects I would in debates in this House but it is hugely under- like to see debated fully. Some of the suggestions resourced. As soon as there is a community garda made by the Minister regarding additions to the in the community, he is changed or shifted or his Bill need to be teased out, perhaps on Committee tasks are re-prioritised so he has little or no time Stage. This is where that will be done. The Mini- for the community aspect of his work. In many ster and those who represent him here during this cases, gardaı´ have been instrumental in stew- debate should take note of some of the concerns arding young people who have gone off the rails, expressed and suggestions put forward in an as it were, back into a normal code of conduct effort to improve what is very important that is acceptable in the community. legislation. The system in the UK is often offered as an There is no doubt that in the context of con- example of the use of anti-social behaviour temporary society that there is a need for strong orders. However, a number of areas in the UK legislation in this area. Decent people within our take a different approach to the concept. There communities are affected on a daily basis by is a softer approach in the initial phases. All the serious crime, vandalism of one kind or another legislation in that regard and, in particular, the and anti-social behaviour, which is the biggest relevant funding must be examined. A partner- problem facing everyone of us and the communi- ship must be established between the local branch ties we represent. The Bill speaks heavily of all of the Health Service Executive, the local auth- of the penalties for those found guilty. orities, the Garda and the communities but that In the context of the unfolding debate on the is not happening on a wide scale. If one writes to report of the Morris tribunal, we need to focus the local authority or the Health Service Execu- on the side of the citizen who might find reason tive about an anti-social behaviour matter, one for complaint about some aspects of the imple- will be referred to the Garda. If one talks to the mentation of this law and how they are treated. I Garda about it, they are simply under-resourced. refer to the Butler case in Kilkenny. The way in They do not have the community gardaı´ needed which the family’s complaint was handled by the to deal with this growing problem. It is an issue current arrangement within An Garda Sı´ocha´na that must be tackled but I do not believe the was entirely unsatisfactory. The hearing the blunt instrument of anti-social behaviour orders family received was extremely poor, did not is the mechanism by which we will achieve recognise the complaint made or address the greater co-operation within our communities. issues raised. The family received a very poor The Minister should take note of that. response from the Garda authorities and the It is a pity that in tandem with the debate on complaint unit that exists within An Garda Sı´och- this Bill a public debate is taking place outside a´na. I urge the Minister, as I did in a previous the House about the liquor licensing proposals. debate, to respond in a more positive and pro- Discussing anti-social behaviour on the one hand active way to the correspondence I sent on behalf and establishing cafe´ bars throughout the country of the family to the Department of Justice, on the other does not exactly gel. I do not know Equality and Law Reform. I encourage him to who came up with the idea of cafe´ bars but it conduct a separate investigation into the issues certainly did not arise in my constituency and it raised to ensure justice is done with regard to the would not relate to my constituency. death of that young man on a road in Kilkenny. Essentially, what is in question is the quality and Mr. Durkan: Mine either. thoroughness of the investigation into the young man’s death. I am flagging the issue for the Mini- Mr. McGuinness: They are not necessary in the ster and am asking him again in a constructive trade and I doubt that society will accept them. 1163 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1164

[Mr. McGuinness.] the other issues the Minister has put in the Little analysis has been carried out of what is public domain. happening in society and in the communities we represent. Mr. Durkan: I am glad to have the opportunity If Ministers listened to the general debates that to speak on this legislation. Like the previous two take place on these issues in this House, blunt speakers, while I fully accept the need to deal instruments such as this would not be used to deal with the crime and security problems in this coun- with problems. There is no regard even for young try, and all Members receive complaints daily in children. In England, photographs of young chil- this regard, there should be regard for the rights dren are distributed in the housing estates to of the citizen. We should also use this opportunity implement anti-social behaviour orders. Is that to focus on what causes the problems and not what we want here? I think not. Consider that in condemn the entire public as the cause. the context of the all-night drinking sessions that It is sad that in light of recent revelations, we take place. If gardaı´ were supported, the vandal- are conducting this debate in the absence of the ism and anti-social behaviour would ultimately Minister for Justice, Equality and Law Reform. If be defeated. the positions were reversed and the Government Many of the complaints that arrive on the desks parties were on this side of the House, they would of superintendents and gardaı´ do not get a be clamouring for the resignation of everybody response because the Garda simply does not have from the Taoiseach down. There is not a word the force to respond. Kilkenny has one of the new of apology or recognition from the Government bicycle squads. They are a great idea. Gardaı´ are benches. The Minister for Justice, Equality and able to get around to the various communities Law Reform jumps around like an excited cuckoo and flashpoints in housing estates late at night briefing the media but then walks away in the and particularly at weekends. They can deal with face of the most damning criticism in the report problems in a sensible way. If such initiatives published in the last 24 hours. It is timely that we were extended and properly funded, local auth- are discussing a related issue this morning. orities were properly funded for the management Some Members have tried to bring these issues of their estates and community groups were to the attention of the Minister over recent years. assisted and funded, there would be less anti- How often must one say these things or to whom social behaviour. must one must say them? All these issues were There is no need for cafe´ bars. It would be brought to the attention of the current and pre- helpful to the trade and to communities if the vious Ministers for Justice, Equality and Law Minister were to state clearly that this idea will be abandoned. It would be worthwhile. Reform. The issues raised this morning were raised by Deputy Howlin and Senator Jim Mr. Parlon: He has left it to the local auth- Higgins over the past five years and are typical of orities to make a decision on it. It is local the type of issues that have been raised but to democracy. which the Ministers did not respond. It is another damning indictment. Mr. McGuinness: No, we must make the first However, let us consider the need for this Bill decision. There is still a national Parliament in and what it will achieve. I believe it will achieve this country and we must debate it in full. I do nothing. Crime here is appalling, as the Minister not care who makes the final decision but we of State, Deputy Parlon, should well know. The make the first decision. The first decision on anti- reason is that powerful criminals get away. Daily, social behaviour orders and the daft notion of the young see major crime barons plying their cafe´ bars must be debated fully in this House. The wares with impunity, which is appalling. It is only decision must be taken here, not outside the in recent times, after continuous peppering from House. It should not be floated for months to the Opposition, that there has been any attempt damage the morale of communities and those to come to grips with the problem. involved in the economics of the argument. The We know about the crime barons living abroad, issue should be defused sooner rather than later. in Spain and elsewhere, and we are told the auth- That is my view and it is the view of many other orities know all about them. If the authorities Members of the House. Just as the Minister can know about them, they should do something state his point of view, Members on this side of about them. Any young potential criminal grow- the House can do likewise. That is what I am ing up can read a headline about these criminals doing in this debate. and learn how to live — learn how to drive a top of the range car, keep a couple of boats or a few Mr. Parlon: Publicans have a strong view on it, horses, and live high on the hog. That is what it not the public. means to them: crime pays, and it is paying all the time. Mr. McGuinness: I look forward to an open The present Minister has failed to deal with the and positive debate on Committee Stage of this issue, like his predecessor as Minister, Mr. zero Bill and on the other suggestions that have been tolerance. There is an attitude that we should floated. I commend parts of the Bill to the House abolish petty crime with anti-social behaviour and urge that there be greater public debate on orders. This area has been chosen because it is 1165 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1166 very easy to deal with. However, it is where the Mr. Parlon: It is not true. I did not jump any potential fault lies in the Bill. gun. I did not do anything until the budget was announced. Mr. Parlon: Two very serious ones were dealt with lately. An Leas-Cheann Comhairle: Order, please.

Mr. Durkan: It is only in recent times that the Mr. Durkan: There was a leak the night before. Minister has accepted some of the points made to What of the posters stating: “Welcome to Parlon him by some of us over several years. I brought country”? Is the Minister not the same Parlon? to his attention on more than one occasion the Mr. Parlon: They were put up three days later. use of senior gardaı´ in totally inappropriate areas, The Deputy should get his facts right. as did other Members. Let us not cod ourselves about who is responsible for deployment. Mr. Durkan: All that is wrong with the Minister While we are on the subject, I do not want is that he was found out too quickly. Ministers telling the House they have no responsibility for a certain matter and that it is Mr. Parlon: The Deputy’s bluster has let him the responsibility of some official. It is the down again. He should get his facts right. responsibility of the Minister who sits in this House, and nobody else’s. It is time this was Mr. Durkan: Speaking of bluster, nobody has recognised. Far too often, as when answering generated more bluster than the Minister. written questions, Ministers claim they have no responsibility. That is right; they have little Mr. Parlon: Before the Deputy makes accu- responsibility and they are showing it. The sooner sations in the House, he should get his facts right. Ministers come to grips with the situation, recog- nise and accept their responsibilities, and do Mr. Durkan: The longer he lives, the more something about them, the better for themselves bluster he will generate. If it could be converted and everybody else. into energy, we would reduce the dangers of the ozone layer by about 30%.

Mr. Parlon: The Deputy would be quick to Mr. Parlon: I will show the Deputy the exact complain about unwarranted interference. A date and then perhaps he will have the grace to balance is required. apologise.

Mr. Durkan: The Minister is the only one about Mr. Durkan: I will move on to the issue of gun whom I could complain. He is the minister for law. For the past five or six years, the appearance decentralisation, who jumped the gun before it of a variety of guns in the pursuit of crime has went off. become commonplace. I do not know how many times this must happen before it is decided some- Mr. Parlon: That is incorrect. The Deputy thing should be done. There should be an add-on would want to correct the record. or addendum to the Bill in this regard. A person does not saw the barrel off a shotgun An Leas-Cheann Comhairle: Order, please. to convert it into an electric razor or to use it as a telescope. It is done for a particular purpose — Mr. Durkan: The Minister should be the last to kill people. I stand over the actions of the one to talk on that subject. Garda Sı´ocha´na in regard to a recent robbery, after which many began wondering whether fire- Mr. Parlon: The Deputy is totally incorrect. arms should have been used. The fact is that people with guns were at that place, on that day, Mr. Durkan: The Minister’s progress to date is to kill people. The guns were for no other pur- not spectacular in that area. He should keep him- pose; they were not to scratch an ear but to kill self to the areas he is best suited to. Decentralis- people. It is tough. What resulted is what happens in that kind of situation. Apparently, at long last, ation is his best—— the Minister suddenly realised: “Oh, gosh. There are serious guns out here. What is the problem? Mr. Parlon: The Deputy is incorrect. Let us do something about it.” The designation of a crime scene is dealt with Mr. Durkan: Like the Minister for Justice, in section 4. The issue has much wider conno- Equality and Law Reform, the Minister of State, tations than are recognised or understood, for Deputy Parlon, creates smoke and mirrors in the example, the designation of a crime scene in a hope that everybody will get confused. certain place in County Donegal, which was referred to in the report we all read of this morn- Mr. Parlon: There is an issue of truth. What the ing. In that case, how was it decided there would Deputy said is untrue. not be a crime scene? Why was the crime scene not preserved? Am I to presume that the need Mr. Durkan: What I said is exactly true. for the Bill is as a result of that case? If so, it is a 1167 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1168

[Mr. Durkan.] people who have lived in their own houses all mistake. Adequate legislation was already in their lives who are now afraid to walk the foot- place to deal with such matters. Countless crime paths because of the antics of a few people. scenes have been preserved throughout the coun- Deputy McGuinness and others mentioned the try and the world without any such legislation. I development of cafe´ bars. I cannot understand am not sure how section 4(3) defines a crime how this notion was conjured up. People cannot scene. For example, an area where it could be smoke in enclosed spaces and have been driven concluded a crime had taken place might be des- out on to the footpaths, although I do not know ignated as a crime scene. Various issues follow whether they will be allowed to smoke there on from there. To what extent is it intended to either. Cafe´ bars will be an extension of drinking embellish this section and to operate it? I do not emporiums on to the footpath. Is this a desirable know. development at this time? I am as liberal as any- The Minister of State interjected during the body else, but for some unknown reason the contribution of his Fianna Fa´il colleague some more accessible drinking becomes the worse minutes ago in regard to local authorities and becomes people’s behaviour. It is virtually administration at local level. He should know that impossible to control the situation. the local authorities are seriously and sadly lack- I do not blame young people for all of the ing in regard to the job they have already been problems. Also to blame are the huge establish- given to do, for a variety of reasons. They are ments who pour 600 or 700 people out on to about as capable of running other services as the streets at the same time late at night or early in House is capable of debating a critical issue at the the morning. These people congregate outside, time it arises, which is fairly incapable. When we which is when the trouble starts. I dispute the deal with such matters, we need to think seriously Minister of State’s suggestion that the influence about the root causes and what can be done in of publicans is changing our view. Publicans have this regard. done their best and have been very successful in I refer to juvenile crime. I have found with ensuring that the law is observed. However, there increasing frequency that schools and teachers is little control over establishments which pour can identify children who might become involved hundreds of people out on to the footpaths in the in juvenile crime at an early stage. The children early hours of the morning. Garda cars and vans might have behavioural, attention or communi- are called because disputes arise in this situation. cation difficulties or minor disabilities, but not The more people that come out of such establish- sufficiently to justify having special needs treat- ments at the same time the greater the oppor- ment. In that situation, a child becomes insular, tunity for incidents to occur. protective and a loner, and will seek attention in One does not solve crime with new legislation, many and various ways. While I am not suggest- unless a technical issue pops up and is evident to ing children are not entitled to do this, I point to all. I get suspicious whenever somebody intro- the pattern of behaviour. duces legislation to do something that should We hear references to children wearing hooded have been done before. This is a smokescreen jackets. This is a sign of withdrawal. One does not behind which everybody can hide and say we can have to be a rocket scientist or psychologist to do nothing, our hands are tied so we need new figure that out. Why do they do this? It is not legislation. Over the years, Departments have necessarily to ape “the general” or somebody sought legislation to address issues that seemed to who walked around with a cover over his head; it stare everybody in the face. However, the issues is simply that the child is withdrawing into himself continued afterwards and still nothing happened. or herself, and seeking refuge. Nothing will happen unless the will is there to Anti-social behaviour orders will not do much enforce the legislation. to deal with this. In fact, they could alienate the From time to time the Minister has lectured us young entirely. We were all young once and can on the various means of dealing with illegal remember that time, despite it being long ago — behaviour. One of crime’s greatest assets in longer for me than for the Minister of State, who recent years has been the ability of criminals to might remember it more vividly. However, if a convert their activities into solid assets. They young person has an unhappy incident with the have been able to buy property, launder ill-gotten law, it can taint his or her attitude for ever. This gains, live a high lifestyle and achieve respect- is a potentially serious problem which society ability on the basis of funding obtained by illicit cannot afford at present. means. I have tabled a series of questions on the A UK police chief constable on his retirement issue over the years, as I have regarding gun law, some years ago spoke about law enforcement, organised crime and the spread of the drugs prob- penalty points and the civic-spirited attitude of lem. The issues are inter-related. As it stands, the public to the law, which was always support- there is not much in this Bill that will address ive. However, he said the increased incidence of them. motorist pursuit had resulted in far less co-oper- The Criminal Assets Bureau has been success- ation with the police than ever before. ful, but is it adequately resourced to do its job? I am worried about anti-social behaviour and If one considers the number of major robberies am fully aware that something must be done. I on this island in the past six months, the amount have received countless complaints from elderly of stolen money must be close to \70 million or 1169 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1170

\80 million. That is a large amount and has much As technology and forensic science advances, influential buying power. However, it is virtually the need to preserve a crime scene is becoming certain that all of it has been laundered and is more valuable. We did not have the capability of now legitimate. It has been converted into real DNA testing in the past. Only basic physical evi- estate, hotels and various business premises and dence was gathered but with the advances in tech- is now respectable money. Are adequate nology and forensic science, the protection of a resources in place to deal with the issue? As I crime scene is vital. Section 4 provides for that in said earlier, senior gardaı´ should be deployed to a sensible manner. A garda who is in a lawful deal with these pressing and urgent matters. They place, and assuming a crime has been committed, should be fully aware that there is support for can preserve that crime scene and the order can them to do so. be extended for a number of hours by a superin- A number of major criminals have multiple tendent seeking same from a District Court. investments. There have been some 5,148 sus- I welcome other sections in the Bill. I referred picious financial transactions in the past 12 to section 13 earlier. On the area of DNA and months. Of those, only a quarter were investi- forensic samples, perhaps we should consider the gated. This is appalling considering there is \60 question of trying to create a proper DNA data million to \70 million of illegal money floating bank. Figures show that where a large data bank around. It represents serious neglect on the part has been built up over years in other countries, of the Minister. and used very effectively, it has led to serious We must deal with the issue of juvenile crime crimes being prosecuted successfully. Experts and sooner rather than later. Arresting every child or scientists would agree that DNA testing is a very teenager in the country will not solve the prob- accurate way of identifying a suspect or eliminat- lem. Neither will it be resolved by introducing a ing a person from an inquiry. It can work both ways. custodial system that does not have an edu- cational element. It is necessary to identify the Civil liberties groups and the Human Rights Commission have made valuable points and will children at risk in our schools with a view to giv- make submissions to the Law Reform Com- ing them encouragement, back-up and education. mission on this area. If a citizen suspected of com- mitting a crime is brought into a station and pro- Mr. M. Higgins: Hear, hear. vides DNA sampling voluntarily, the test can prove his or her innocence, assuming he or she is Mr. Durkan: We must give them the means to innocent, and he or she can be released. DNA break out of the system. Otherwise what John testing would advance people’s rights and ensure Lonergan has been telling us for years will con- that a person is not detained for longer than tinue, not only in the precincts of our prisons but necessary if the DNA system can be pursued all over the country. The Minister of State should through voluntary codes. convey to the Minister for Justice, Equality and Section 13 also provides for saliva sampling. I Law Reform that he should do something about was amazed to discover that it was considered an the matter urgently. Otherwise we will have more intimate act to remove saliva from a person. Hair serious problems and more of this type of legis- follicles can be removed now also, which would lation, which is a case of closing the door after be considered another useful source of DNA. the horse has bolted. Those procedures are very important to the Garda Sı´ocha´na in trying to fight crime. Mr. Kelleher: I welcome the opportunity to I saw some statistics recently which indicated speak on the broad provisions of the Bill and on that successful prosecutions were obtained in the issues of crime, law and order. Many of the Scotland in a number of serious crimes through provisions are very welcome. Section 4 has been the use of DNA testing. One person who had long overdue in that there have been numerous committed numerous rapes was eventually cases in recent times where forensic evidence at detected many years later through DNA sam- a crime scene was not preserved and could be pling. We must give the Garda Sı´ocha´na the tampered with or was exposed to the elements. opportunity to use all available science and assist Vital information and clues that could have led it in every way in that regard. The public should to a prosecution were removed either covertly or not be concerned about abuse of that since it is by other means. scientific more than anything else. We should be In terms of addressing the problems of serious supportive of DNA testing and encourage people crime, the balance of power seems to be tipped to voluntarily provide DNA samples if they are in favour of the accused as opposed to being in suspects in a crime. That is something we should favour of society at large. There can be good push forward as much as possible. reasons for the public assuming that, particularly Some very responsible contributions were when cases on which they believe convictions will made to the debate but some Opposition be secured are overturned on appeal on what Members complain that crime is rampant in our could be considered a technicality. That dimin- society. I reject that. Statistics show that crime is ishes the public’s confidence in the Garda Sı´och- not rampant in our society. Our streets, compared a´na pursuing a case, bringing it to court and sec- with most European countries, are very safe. We uring a successful prosecution. have issues with public order offences and anti- 1171 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1172

[Mr. Kelleher.] mendations. I have no difficulty with an indepen- social behaviour, but in general most citizens feel dent ombudsman investigating complaints against reasonably safe in their communities in compari- members of the Garda Sı´ocha´na. Most members son with other large cities throughout Europe. of the force have no difficulty with it either There is no doubt there has been an escalation because they take pride in their uniform and in of firearms crimes and that since the ceasefire in their sworn oath to uphold the laws of the State the North, some of the arms used by para- and protect our society. We should move militaries have been siphoned off to a number of expeditiously on that because this cloud has been serious criminal elements rather than being hanging over the Garda for some time. We have decommissioned. There is a proliferation of guns the tribunal findings and we should act swiftly in society and it is a problem we should acknowl- on them. edge and address. I am aware the Minister is Anti-social behaviour has been spoken about examining the possibility of having a firearms on numerous occasions recently. Members on all amnesty. I would support such a measure. It was sides of the House want to speak about and high- used in Britain some years ago for knives and light the problem because it affects all public rep- thousands of lethal weapons were handed in vol- resentatives. Not a day or a week goes by when untarily. If we had an amnesty here before we Deputies from urban areas, particularly those enact serious provisions in legislation to deal with representing rural areas with large conurbations, people who hold illegally held firearms, it might are asked for transfers by people in local auth- assist in taking a number of weapons out of cir- ority houses because of anti-social behaviour and culation. intimidation. The ambience in these estates is I must refer to Operation Anvil and the deaths being ruined by a few individuals and we have of two suspects in a post office raid. We must be failed to address that problem. The Garda will conscious of the fact that if people go out one say it has more serious crimes to deal with and morning to raid a post office using firearms, the that resources must be used in the fight against State has a duty to support the Garda Sı´ocha´na serious crime. I accept that, but if we do not in every way possible. They should try to appre- address the root problems and deal with juveniles hend the suspects without a firefight but in the who get involved in minor anti-social behaviour, event of that happening, gardaı´ have every right many of them will end up committing more to defend themselves using lethal force if neces- serious crime which will bring them into the sary. We should not jump to conclusions immedi- criminal justice system. ately about that. There is a mechanism in place Some people oppose the measures on anti- whereby a senior Garda member can investigate social behaviour orders, which would be issued such incidents. People will be satisfied with that because such an investigation should be done by in the civil courts initially and, if breached, could an outside body. I believe more independent become a criminal case. The bottom line is that if people should investigate such incidents but fire- we were to enact the legislation, and if it were to arms are seldom used by members of the Garda be complied with, and prosecutions were brought Sı´ocha´na. We have had two deaths recently but by members of the Garda, we would criminalise attacking the gardaı´ involved as if they were the youths on a regular basis in the Children’s Court ones who did the wrong deed on that morning is anyway. I fail to understand the argument that despicable. We must be supportive of the Garda. this Bill would criminalise large numbers of We cannot ask members of the force to take on young people. If the provisions in the Children serious hardened criminals who intimidate com- Act were implemented we would criminalise munities and arms of the State and then assume them anyway. There is now a provision that they overreact when they use force. If we are to would provide for a yellow card system to the be supportive of the Garda Sı´ocha´na, we should authorities. If there is a wayward offender, a per- be more moderate in our language and not jump son involved in serious forms of anti-social behav- to conclusions. iour, the anti-social behaviour orders would be an With regard to the Morris tribunal, that issue effective system. It is important to differentiate is something we must address also. The majority between teenage pranks and serious continuing of people have confidence in the members of the anti-social behaviour. Garda Sı´ocha´na. Its members have served the I recently travelled to Britain to observe the State well over the years. There is no doubt that implementation of anti-social behaviour orders developments in the Morris tribunal and its find- and acceptable behaviour contracts on young ings have cast a cloud over the force and, more people. From speaking to people on than anybody else, the members of the Garda 1 o’clock whom they had been served, and Sı´ocha´na are hurt by the findings. They feel speaking to communities who have betrayed by a number of senior members of the had to live with serious intimidation causing force in that this type of activity could take place alarm and distress not just to a few people but to through the ranks of the Garda. We must accept a whole community, I found that there has been that will damage the public’s confidence in the a transformation of the community. In Ireland I Garda Sı´ocha´na to a certain extent but we set up see an opportunity to go a step further and ensure a tribunal, it has reached conclusions and we anti-social behaviour orders are served should deal with those and implement any recom- judiciously. 1173 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1174

Equally, if a person offends and an order is policing becomes a central focus of the activities made, support services should be brought in of the Garda Sı´ocha´na. We should start at the immediately to assist that person. He or she may top by having an Assistant Garda Commissioner, come from a dysfunctional background, in which responsible for community policing. There should there may be drug abuse, psychological problems be a promotional structure from the junior ranks or the myriad of other problems with which chil- of the Garda Sı´ocha´na. If a garda is interested in dren grow up. We cannot allow them to continue community policing and works with the com- on their way just because they grew up in a dys- munity, he or she has to come back into the main- functional background or have behavioural prob- stream and show credentials in crime detection lems. It is grossly unfair to the community but it and legislative enforcement if he or she wants to is also neglect on the part of the State in turning progress. We are losing the experience of com- a blind eye to a child experiencing problems. The munity police officers as they move into main- anti-social behaviour orders or acceptable behav- stream policing and progress through the ranks if iour contracts give us an opportunity to bring that they are capable. That is something that needs to person into the system, to allow us to provide be examined. services and support. Local authorities have a responsibility to There may be problems with parenting. In design estates with amenities, facilities and green Britain there is a parental order, where parents spaces at planning stage of a development pro- incapable of parenting are given skills, support cess. There should not be alleyways leading into and assistance. Very often parents are not cap- dark areas at the back of houses. Estates that are able of parenting because they may also be in a genuinely conducive to a good community envir- local authority housing estate without community onment should be built. For many years estates support or the support of close family. That is were built with no provision of amenities and the something that needs to be examined. houses were badly designed. There were dark On the Children’s Court, not all of the pro- alleyways and a lack of proper infrastructure to visions of the Children Act have been enacted. give a proper ambiance to the community. The We all accept that. physical well-being of an estate has an effect on how people see their community and on whether Mr. Costello: Why is that? Who is responsible people take pride in their community. Local auth- for that? orities must be more proactive so that when applications come in they take these factors into Mr. Kelleher: There is a problem with the Chil- account. dren’s Court. From what I can ascertain, in up to For many years we have blamed social depri- 30% to 40% of cases guardians or parents do not vation, unemployment and poverty. Coupled with present themselves with the accused in court. badly-designed housing estates, it is a recipe for That is a gross neglect under the Children Act disaster and this has proven to be the case. We because we need to ensure there is a parent or are now involved in regeneration, dismantling guardian at the hearing when a juvenile is tried. apartment blocks and rejuvenating areas. Some That is a failing of some magnitude. We want to of the apartment blocks being built around our ensure that we have some parental or guardian- cities are destined to become ghetto devel- ship responsibility yet no-one attends with juven- opments because of bad planning and design. iles in court. That must be addressed to ensure Local authorities have a role to play. some degree of responsibility is placed on some- In some areas the Garda Sı´ocha´na regularly body else, rather than solely on the offender, who meet public representatives and community is criminalised in the Children’s Court. associations. This should be put on a more per- Too often the Children’s Court has not been manent footing. Members of the Garda Sı´ocha´na taken seriously, but it is part of the criminal should be very involved in their communities. justice system. A person convicted in the Chil- They should attend schools, speak to young dren’s Court has a criminal conviction. In oppos- people, get involved in soccer, GAA and rugby ing the anti-social behaviour orders and accept- clubs, and youth groups. In this way gardaı´ would able behaviour contracts people have highlighted be part and parcel of a community. Community the fact that breach of an order criminalises is not just about driving up and down an estate in young people. In fact, the current legislation a Garda car or on a bicycle, or walking the beat. allows for arrests and children being brought Gardaı´ must interact, and must be part of the fab- before the Children’s Court so the child is crimi- ric of the community. That is something not nalised anyway. allowed by the transient nature of community Community policing needs to be introduced in policing, where a garda spends two or three years a forceful manner. We all reminisce about the old in an area and is just beginning to build up con- days when the local garda lived in the station and tacts when he or she is whisked off to main- knew everybody in the area. There used to be a stream policing. few more gardaı´ living in the area and they all There is an element of despondency in how knew members of the community. Unfortunately people view our criminal justice system. People community policing is seen as the bridesmaid of think there will be a technical problem so that a policing, or to be politically correct, the best man case will be dismissed. In Cork there was an of policing. We have to ensure that community appeal against a conviction and the person was 1175 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1176

[Mr. Kelleher.] dren in trouble. If the Government were serious released. That is the system we have but it under- about dealing with such children, it would ensure mines confidence. I welcome the broad thrust of that the educational welfare service was prop- the Bill, which has given me the opportunity to erly staffed. speak on the issues of anti-social behaviour. I A large number of measures aimed at dealing hope the Minister takes on board the views with deviant behaviour is available at any one expressed regarding the provisions for fighting time. Rather like a pyramid-shaped funnel, the anti-social behaviour in the community. scale of measures includes breaches of the law and warnings by the diversionary programme, Mr. M. Higgins: Ta´ se´ suimiu´ il gur labhair an which was known previously as the juvenile liai- tAire i nGaeilge nuair a chuir se´ tu´ s leis an dı´os- son service. In addition, people may be accused po´ ireacht seo ar an Dara Ce´im. Tre´aslaı´m leis of an offence while others may receive notice of mar gheall air sin. Beidh suim ag lucht teangeolaı´- an offence. The procedures also include investi- ochta chomh maith ar an chaoi inar u´ sa´id se´ an gation, apprehension, detention, court and prison. Ghaeilge mar chum se´ ala´n briathra nua agus After prison there is a high level of recidivism focail nua ar no´ s “cearta an indibhidiu´ la” agus among young offenders. One must approach this mar sin, focail nach raibh in u´ sa´id in am a shean- problem by applying every one of the measures I athair nuair a bhı´ se´ ag tabhairt a chabhair go have cited, thus removing as many people as pos- hiomla´n leis an Ghaeilge. I will use some of the sible from progressing to the next stage. There is time allocated to me to contribute to this Bill in nothing in this legislation, however, that exam- English, in deference to those who are interested ines what one might call the understanding of in this debate. I confess to a particular interest in deviant, criminal behaviour in the community. speaking on this legislation. In 1969, when I was One of the most popular books in the 1970s appointed as a lecturer in sociology and political and 1980s was Deviance and Control by Professor science, one of my specialisms was the sociology Albert Cohen. The introduction contained the of law and deviant behaviour. I lectured in that sentence, “We are far more interested in control area for over 20 years. My contribution today is than we are in understanding”. Unfortunately, based on my experience as a member of the there is not much evidence of understanding in McBride commission, at the invitation of people what I have heard during this debate. such as my colleague, Deputy Costello, in the I want to make a point that goes to the heart late 1970s. of the work of this Da´il, and I speak as a former When we held public hearings in Dublin in Cabinet Minister. It is outrageous to introduce a preparation for the MacBride report, which Bill on Second Stage while planning to add new investigated prisons, one of the finest witnesses sections on Committee Stage. I agree with some that appeared before us was a retired chief school of the eight or nine principles in the Bill, includ- attendance officer for Dublin City. He made it ing steps to secure a crime scene. It is wrong, clear that he could detect in school attendance however, to announce that a further nine prin- patterns more than 80% of all those who would ciples, encompassing the majority of sections, will run into trouble later. At that time, there was no be introduced on Committee Stage. This deprives co-operation between the Department of Edu- Deputies of the opportunity to discuss the entire cation and the Department of Justice. Early inter- Bill on Second Stage. Effectively, therefore, the vention should have been introduced at that stage Bill before us is not what will be presented on along the lines of the proposals in the White Committee Stage. That is an outrageous and Paper, Children in Trouble, published by the unacceptable legislative procedure. British Labour Government in the late 1970s. I would have given the Minister support for That was not a soft approach to crime, however. some sections of the Bill, and I have cited one One of the problems in the current debate is such instance already. In any other legislature, that those of us interested in trying to understand the Government would withdraw the Bill and the dynamics of what is taking place in communi- announce that it was inserting nine new sections. ties are misrepresented as being, somehow or A new Second Stage would then allow Deputies another, soft on crime. We are also portrayed as to participate in the debate, but that is not hap- not being as concerned as others that the right pening. It is outrageous and arrogant of the of older, vulnerable people to live in peace and Government to act in this manner. security is being disturbed by a small minority. I read the Minister’s speech in Irish carefully Elderly people are entitled to Government action and found this unusual phrase, “cearta indibhidi- but it should be done on the basis of properly u´ la”, which happens to be wrong. The European constructed strategies for having peaceful and Convention on Human Rights refers to “personal orderly communities. rights”. I will not go into the pedantic issues, but Is it acceptable that with education welfare in Irish they are referred to as “cearta pearsanta”. legislation in place, the Bill having been passed That does not matter, however, because trans- by the Oireachtas, there are only approximately lation on a good day is better than no Irish at all. 25% of the necessary educational welfare officers I was a member of the Cabinet that introduced to deal with the matter? There are currently the Criminal Justice Act 1994. I have been con- slightly more than 80 such officers, whereas one cerned that we did not insert sufficient safeguards would need 330 to 350 such staff to deal with chil- and accountability mechanisms in that fundamen- 1177 Criminal Justice Bill 2004: 2 June 2005. Second Stage (Resumed) 1178 tal piece of legislation that is now being reviewed ten fundamental proposals which would keep here. I have known many wonderful and con- children off the conveyor belt of criminalisation? scientious gardaı´ who have been proud to wear It is disgraceful that people would rush to these the uniform of the Garda Sı´ocha´na. Such gardaı´ punitive sanctions without a shred of evidence. It have not been well served by the antiquarian was suggested that it is somehow or other justi- notions of the Department of Justice, Equality fied because of the victims of crime. If we get and Law Reform. I will cite an example to dem- a chance when Members are replying on Second onstrate my point. In the 1970s, when I was lec- Stage, let us see the sections dealing with the vic- turing in sociology, young army cadets attended tims of crime. There are few references in this courses in sociology and other subjects. The same Bill to doing anything for victims of crime. This offer was made to the Garda Commissioner at is a rather cheap attempt to exploit the politics that time, but it was decided that such courses of fear. would distract gardaı´ from real policing. There- Some of us have spent much of our lives work- fore, they did not take up the opportunity of pur- ing in this area. Nine principal matters in the Bill suing our university course. Gardaı´ who gradu- were announced on Second Stage. We have had ated with degrees, often after pursuing evening an announcement by the Minister for Justice, courses in their own time, were not regarded as Equality and Law Reform, of nine fundamental real policemen and suffered for it in the Garda amendments for Committee Stage. Reference has Sı´ocha´na promotional system. been made to what have been referred to as anti- That kind of attitude existed in the Department social behaviour orders. The Minister has made of Justice also. I recall that we tried to establish most of these announcements through the media an institute of criminology. Out of respect for the and not in this House. How can we have Commit- people in the Department of Justice, we were told tee Stage of a Bill when we have not had a that they would not be allowed to attend the Second Stage discussion on it? Let the Minister meetings to establish such an institute. That kind come to the House to make his statements. of antediluvian attitude is still present in the I am worried about the Minister’s statements minds of those who are not really committed to on these issues. He is not taking into account the question of internationally tested rights. some of the research regarding where ASBOs are applied, and said he did not have a single objec- I was upset to hear the current Minister say tion to their introduction from a Member or any- that he regards the UN High Commissioner for one else representing a working class constitu- Refugees’ process for dealing with immigrants as ency. I represent more working class people than an encumbrance. He describes those of us who the Minister ever will, and I have done so for a are interested in international human rights as long time. I live in an area surrounded by housing people who are suffering from political cor- states and I know what I am talking about. rectness. The law is the law, however. I am in I regret that we did not put more safeguards in favour of the application of the criminal law with the Criminal Justice Bill 1994, because I have all its accountabilities, processes and certainties. seen it abused. I saw an interesting situation in If people are breaking the criminal law then let that regard, involving two people, not from them be prosecuted to protect citizens. That prin- Galway. One, a boy, was standing in front of ciple of jurisprudence was established in the 18th Jury’s Hotel. He was waiting for his sister when century. Sadly, however, there are sections of this a garda told him to move on. After a quarter of Bill for which there is not a shred of jurispru- an hour the boy’s sister had not arrived and he dence. Section 29, for example, is an outrage. It was still there. He had a bottle but was not drunk. is badly worded and is a major breach of basic He was dragged into the Garda station. His sister legal protections. It does not strike a balance was unable to find him, and he was missing for between victims of crime and those who per- several hours. In court, the judge asked if the boy petrate it. The absence of process is outrageous. had given cheek to the garda, and the garda said I listened with interest to a thoughtful speech by he had. Deputy McGuinness. Deputy Kelleher then said That sort of abuse of the law is not unusual. the Children’s Act 2001 and its provisions were When the Minister, Deputy McDowell, attends part of the criminal process. They are the very this House to tell us he has established an inde- opposite. Regarding the thinking of children in pendent authority which will give us the policing trouble, the thrust of the Children’s Act 2001 was which the police, the community, the public and to remove from criminalisation and stigmatisation ourselves want, when we can have legislation as many children as possible through early inter- which will be tested by independent scrutiny, he vention. It is interesting that the juvenile liaison can then lecture us. Instead, he is afraid to attend service was replaced by the diversionary service. the House with his nine proposals. How is he to Let us be positive with regard to some matters. define, for example, anti-social behaviour? Where the diversionary service is used and A colleague who has worked all her life for the resourced, 90% of the youngsters it deals with do debt and development commission was collecting not offend again before the age of 18. Why not signatures for the campaign to abolish Third take that as our example? If three sections of the World debt. She was dragged off in a police van Children’s Act are being implemented, why not from the streets of Galway city, where we implement the other seven proposals among the struggled for the right to be able to distribute 1179 Suicide Prevention: 2 June 2005. Statements 1180

[Mr. M. Higgins.] peace. We must not be bludgeoned into a strange literature and to assemble in a public place. While system whereby anyone who feels like it can get distributing her literature, she was told she was in an ASBO against a neighbour. People are crow- breach of a by-law. I advised her she was not. She ing about ASBOs in Britain. A recent television was then told she was in breach of the Public programme revealed that ASBOs have been Order Act and brought to the police station. She taken out there against old-age pensioners. There has never received an apology. were two old men living alongside another old Such extraordinary behaviour is all justified on man. One was up in the attic, recording the neigh- the basis of whipping up fear and blaggarding bour’s singing. The other man complained of a people who hold views like mine, suggesting we television being turned up too loud, which was are soft on crime. We understand crime. We have only because the person watching the television visited prisons and dealt with those who have was deaf. Those people got ASBOs against each committed crime. I have visited more prisons other. Local authorities in Britain have found than Deputy McDowell. I was a member of the that the ASBO system is not working. The diver- McBride commission many years ago. I can tell sionary programme which replaced the juvenile of the hypocrisy of the reforms with regard to liaison service is working. what is being published today. Around the same I will tell another story of the Department of time as I was on the McBride commission, Mr. Justice, Equality and Law Reform, and of its Justice Barra O´ Briain presented his report about penny-pinching. Typically, a garda would visit a video-recording in police stations. If its recom- house to talk to a youngster in trouble and to mendations were implemented even on a pilot the parents. Quite often, that was enough. Now, basis, nearly 30 years ago, one would not have people in such situations are told to attend the had the situation we have seen in Donegal Garda station in order to save money and regarding the McBrearty case. overtime. Let us have reform of the criminal law, but not We need intervention systems for children in an hysterical public campaign on some kind of trouble, community policing and good law. We alleged moral entrepreneurship, with the Minister need to have intervention orders which will work. cowardly going on his little moral crusade outside We do not need a hysterical public debate, the Da´il, lacking the courage to attend the House whipped up for the sole purpose of exploiting the and justify the extremism. politics of fear, which drives a coach and four Sections of this Bill are good, while others, such through our criminal law. Most of all, this House as sections 15 and 29, should be deleted. If the must be respected. Second Stage speeches are for Minister goes down the road he is on with regard the fundamentals of the legislation and one to dealing with behaviour which is tearing the cannot make a Second Stage speech on Commit- heart out of many communities, he must tee Stage. implement and resource the relevant sections of the Children’s Act. The educational welfare Debate adjourned. offices must be adequately staffed in accordance with the legislation. Sitting suspended at 1.30 p.m. and resumed at What will happen regarding an ordinary public 1.35 p.m. protest one might have? For example, I support the right of the Palestinian people to a state. I do Suicide Prevention: Statements. not justify any extreme actions and have always condemned them. However, people organising Minister of State at the Department of Health protests in Dublin on behalf of the Palestinian and Children (Mr. T. O’Malley): I welcome the people are being made jump through hoops with opportunity to make a statement in this House regard to satisfying the corporation, and can be concerning the level of suicide in Irish society. asked for an insurance bond of up to more than Suicide is a serious social problem in our country. \600,000. People might want to put on a street In 2003, the number of registered deaths in theatre show involving the demolition of a house, Ireland attributed to suicide was 444. This high as happens in the West Bank and the occupied incidence of suicide in the population is not con- territories, but the Garda authorities will tell fined to Ireland but is a growing global problem. them that is an incitement to hatred. A disturbing feature is the male suicide rate What will happen when a person is asked by a which accounted for 80% of deaths from suicide garda for his or her name and address, and that in 2003. In particular, young males and older person asks for proof of identity, and then refuses males aged 65 years and over have shown an to accept it? The person is asked to come to the increase in the rate of suicide. These are trends Garda station. One could be holding up a banner, which require further research so that strategies just as some of us have been doing all our lives, can be developed to help people who are partic- and refuse to go to the station. One is then fined ularly at risk. \1,500. If that is not paid, one is then involved in As the suicide figures began to increase back the criminal process. in the early 1990s, my Department became aware This a republic, with rights, including the right of the need for reliable and concrete information to be in a public space, the right to law and pro- on which to build a national strategy to address tection and the right of communities to live in the problem of suicide in Ireland. The national 1181 Suicide Prevention: 2 June 2005. Statements 1182 task force on suicide was therefore established in secondary schools; the publication of a directory 1995 to address the growing prevalence of suicide of services in each Health Service Executive area in our society. The task force comprised 15 indi- for those who may be at risk of suicidal behav- viduals from a range of backgrounds, including iour; and the development of a new form 104, the coroner service, the Garda Sı´ocha´na, nursing, which is the form on which the Central Statistics psychiatry, psychology, public health and many Office figures are based. A Garda inspector voluntary organisations. within each division has been nominated to In September 1996, the task force published its oversee the use and completion of the form. interim report. It contained a detailed analysis of These are just some examples of the progress statistics relating to suicide and attempted suicide which has been made to date. Much more detail in Ireland and a preliminary analysis into the about various initiatives under way throughout factors that could be associated with suicidal the country can be found in the annual reports of behaviour. The task force’s final report was pub- the national suicide review group which are laid lished in January 1998 and marked the com- before the Houses of the Oireachtas each year. pletion of detailed examination of the incidence Many of the recommendations of the task force of suicide and attempted suicide and outlined a require continual development, particularly in the comprehensive strategy to reduce these in area of training and in the enhancement of our Ireland. The report outlined 86 areas where inter- mental health services. ventions should be targeted to reduce suicide lev- The Health Service Executive, in particular, els. This highlights the complexity of the issue of has a major role to play in co-ordinating efforts suicide prevention. There are no simple solutions. to help reduce the level of suicide and attempted The report also identified the various authorities suicide. Resource officers have been appointed in with jurisdiction in suicide prevention strategies all the health service regions with specific and their respective responsibilities. responsibility for implementing the task force’s While the level of suicide among our young recommendations. Their responsibilities include people continues to give cause for concern, it is the provision of staff training in risk assessment, important to point out that youth suicide in production of information literature and events Ireland is not the highest in the European Union. aimed at raising public awareness of suicide and The most recent analysis suggests it is fifth high- parasuicide. est. In terms of the overall suicide rate, Ireland Another important aspect of suicide prevention ranks 17th in the European Union. Recent fig- has been the establishment the national suicide ures suggest that the rate has stopped rising, but review group. Membership of this group includes it is correct that we probably experienced the experts in the areas of mental health, public fastest rising rate in Europe during the 1980s and health and research. Its main responsibilities are 1990s, albeit from a low base rate. to review ongoing trends in suicide and para- The key components of the overall strategy suicide, to co-ordinate research into suicide and recommended by the national task force in 1998 to make appropriate recommendations. The included the implementation of measures aimed group’s researchers also collate existing research at high risk groups, provision of information, materials, both national and international, exam- training on suicide prevention for relevant pro- ine the effectiveness of intervention programmes fessionals and organisations and the improvement and liaise with local co-ordinators. of services which would benefit those at risk of Ongoing strategies and prevention prog- suicide and those who attempt suicide. Since the rammes throughout the country are regularly publication of the report of the national task reviewed by the national suicide review group force, there has been a positive and committed and routinely commented on in its annual report. response among both the statutory and voluntary This report meets the requirement of the Health sectors towards finding ways of tackling this (Miscellaneous Provisions) Act 2001 which pro- tragic problem. vides that the Minister for Health and Children Significant progress has been made in a will make a report each year to each House of number of different areas, including the appoint- the Oireachtas on the measures taken by health ment of a suicide resource officer in each Health boards in the preceding year to address the prob- Service Executive area; the establishment of the lem of suicide. national suicide review group, the National The Department also allocates funding through Suicide Research Foundation and the national the NSRG to voluntary and statutory groups parasuicide registry; the appointment of liaison engaged in prevention initiatives, many of which psychiatric nurses to accident and emergency are aimed at improving the mental health of the departments in many general hospitals; the pro- younger age groups. These projects include life›- vision of training for relevant health care person- skills courses for high-risk youth, school-based nel with regard to suicidal behaviour — this train- personal development modules and mental health ing is ongoing in all Health Service Executive promotion campaigns. A number of the projects regions; the enactment of legislation restricting have been positively evaluated and have been the availability of medications which can be used proven to enhance the coping skills of the partici- to overdose; the development of a social and per- pants. It is anticipated that such campaigns will sonal health education, SPHE, programme which lead to a reduction in youth suicidal behaviour is now compulsory for all junior cycle students in over time. 1183 Suicide Prevention: 2 June 2005. Statements 1184

[Mr. T. O’Malley.] community is required if we are to reduce suicidal The health strategy, Quality and Fairness — A behaviour. The President has expressed her Health System for You, included a commitment interest in continuing to support efforts in this to intensify the existing suicide prevention prog- regard. I welcome her involvement. rammes. I am pleased to report that work is well If we are to reduce the number of suicides, it is under way on the preparation of a national essential that people with life crises get appro- strategy for action on suicide prevention. The priate support. In that context, expenditure on strategy, which is being prepared by the project suicide prevention programmes has increased sig- management unit of the Health Service Executive nificantly in recent years. The Department of in partnership with the National Suicide Review Health and Children has given special attention Group, is supported by the Department of Health to the resourcing of suicide prevention initiatives and Children. Work on the development of the in the last few years. The level of funding pro- strategy was initiated almost two years ago. vided by the Department of Health and Children Almost 700 people have attended regional and for suicide prevention is more than 20 times national consultation meetings since then and greater than it was in 1999. Since the publication submissions have been sought in the national of the report of the National Task Force on press. A national and international expert group Suicide in 1998, more than \17.5 million has been of 16 people reviewed the strategy during the last provided for suicide prevention and research two weeks of April and their analysis is being aimed at improving understanding of the issue. incorporated in the strategy. That figure does not include funding provided by The national strategy for action on suicide pre- other Departments, including the Departments of vention that will emerge from the consultation Education and Science, the Environment, Heri- process will take account of the input of external tage and Local Government and Justice, Equality reviewers and the dedicated writing team. It will and Law Reform, which were identified in the be of a high quality, it will focus on action and it National Task Force on Suicide’s report as having will be based on evidence. It will highlight some a role to play in suicide prevention. actions which should be of immediate priority. Additional funding has been given to the The strategy will set targets for implementation National Suicide Research Foundation, a multi- over the next five years, as well as long-term disciplinary research centre that informs health objectives for suicide prevention and mental service developments and policy formulation. health promotion. I have met Dr. Rosaleen The foundation, which was established in January Corcoran, who is leading this process, on a 1995 by the late Dr. Michael Kelleher, consists of number of occasions. I am pleased to inform the a multidisciplinary research team of professionals House that the strategy will be published in from a broad range of disciplines, including psy- September of this year. chology, psychiatry and sociology. The primary The national strategy’s fundamental aims will aims of the foundation are to define the true be to prevent suicidal behaviour, including delib- extent of the problem of suicidal behaviour in erate self-harm, and to increase awareness of the Ireland, to identify and measure the factors which importance of good mental health among the induce and protect against suicidal behaviour and general population. The strategy will emphasise to develop strategies aimed at preventing such the need for ongoing multidisciplinary research of behaviour. a high quality. Research findings are of greatest To date, most of the National Suicide Research value when they inform and stimulate action and Foundation’s work has involved the monitoring service development. The strategy will identify of parasuicide. Annualised data on every suicide expected outcomes and set targets which can be and undetermined death registered in Ireland is measured, monitored and revised. Continuous sent to the foundation by the Central Statistics quality control and ongoing modification and Office. The statistics are analysed to produce up- improvement will be central to the implemen- to-date age-specific and age-standardised suicide tation of the strategy. rates, with respect to demographic variables. Deputies may be aware that the President, Mrs. Such information about suicide is provided in Mary McAleese, recently hosted a forum in A´ ras response to the numerous requests the found- an Uachtara´in for groups and stakeholders work- ation receives from professional bodies, students ing on suicide prevention. The theme for the and the public. gathering was integration and partnership, in The promotion of high levels of self-esteem acknowledgement of the increasing fragmen- and self-confidence among young people will tation in the suicide prevention field and the need take place as an important aspect of the suicide for leadership and coherence at national level. prevention programme. We need to ensure that Such issues will be addressed in the context of the such people develop personal and social skills. I new national strategy. A document that summar- welcome the debate on this issue. It is important ises the discussion at A´ ras an Uachtara´in, Suicide for public representatives to discuss mental in Ireland — Everybody’s Problem, was launched health issues and the incidence of suicide. That earlier this week. It was compiled by Dr. Tony people are aware of the problems which exist is a Bates, who acted as rapporteur at the event. The sign of the wonderful advances which have taken theme of the report, as its title suggests, is that place in our country. I compliment the many vol- co›operation and involvement across the entire untary organisations throughout the country — I 1185 Suicide Prevention: 2 June 2005. Statements 1186 will not name them because there are so many House are all charged with the development of of them — which contribute enormously to the public policy and services. This is where action on positive mental health scene. a national level can and must begin. I understand I was present in the Seanad for its recent com- the reluctance of some commentators and prehensive and constructive three-hour debate on reporters to accept that suicide is a political as mental health and suicide. I look forward to the well as a personal issue. Many believe that poli- contributions of my Da´il colleagues during this ticians should not play a role in addressing what debate. It is healthy to discuss this matter, is a crucial social and health issue. Concern has especially as the stigma and taboo which attached been expressed that political debate on the sub- to suicide prevented people from talking about it ject may upset the bereaved relatives of suicide in the past. If we work together to prevent suicide victims whose pain is characterised by agonised and promote positive mental health, we will make questioning and a search for some explanation of a greater collective contribution to ensuring that what happened. One of the problems with suicide suicide levels stop increasing, as they have is that we do not want to talk about a subject that already done. When the expert group publishes has been taboo for so long. the national strategy later this year, I hope it International research has shown that between recommends measures which will ensure the lev- 80% and 90% of those who take their lives suffer els of suicide decrease. There is a need for much from a psychiatric or emotional condition and, in more recognition of the importance of positive many cases, this is unidentified depression. mental health in the community. Recent research carried out in Kildare indicated that most of the young men who died has suffered Mr. Neville: I am pleased to have an oppor- from undiagnosed depression. The development tunity to speak on this important subject. I thank of the psychiatric services has a key role in reduc- the Taoiseach for agreeing readily to the request ing suicide and in suicide prevention. The debate made by the leader of Fine Gael, Deputy Kenny, on the development of the psychiatric services is for a debate on suicide during Government time. similar to the debate on suicide prevention. I hope it heralds a new and inclusive era of politi- I have repeatedly suggested to the Minister of cal debate and consensus and, more importantly, State that there is an absolute need to invest leads to positive action to stem the tide of the loss heavily in the development of the psychiatric of so many lives, many of them young, in Ireland. services, not just to prevent suicide but to deal I convey my sympathy to the many people who with the issue of mental health. One in four have been bereaved by suicide. The families, people will at some stage suffer from a psychiatric friends and communities of those who are tragi- health condition which will need intervention. We cally visited by suicide have to endure a great do not have community-based psychiatric deal of trauma. We should recognise the unique- services, which are needed. In 1997, 11% of the ness of the bereavement suffered by such people. health budget went towards the psychiatric The issue of suicide should unite the House, services. This year that budget is at just 7%. In rather than divide it. No single party or person England and Wales it is at 14%. Scotland has has a monopoly on concern or sympathy. Action recognised it as a special difficulty, and 18% of must be taken by the Government because it con- its total health budget has been invested in the trols the purse strings. Action costs money, but development of the psychiatric services. the cost of the loss of many lives is incalculable. The Minister of State said that \17 million has Suicide, which is a compelling and personal been spent on suicide prevention since 1997, tragedy, is a terrible, bleak and lonely end to a which amounts to approximately \2 million a human life. It leaves family and friends bereaved, year. Surely this is unacceptable in the context grieving, confused and bewildered. Every suicide of the total spending of the Government and the leaves behind pain, desolation, outrage and Department. I just attended a committee meeting unanswered questions. For many years, many of dealing with the issue of the Travers report on us seldom gave suicide a second thought. We may which \1 billion or \2 billion will be spent, yet we have had the illusion that it was something that are talking about just \2 million a year to deal happened to others and not to us. The increasing with suicide prevention. It is totally inadequate. incidence of this tragedy now means that we are The Minister of State referred to \90 million for becoming all too familiar with the incidences of the development of the psychiatric services. The suicide in our families, among our friends and in budget for this service is totally inadequate and our communities. I deeply regret such familiarity indicates the Government’s lack of interest in the while welcoming the increased public debate. We area. It is worthwhile repeating these facts. must bring this issue out of the shadows and This time each year, I table a Da´il question on begin to take responsibility. the amount of money spent on suicide prevention We must never forget that suicide is a terrible and I am informed by way of letter. In early April act against nature and must not be considered as this year, I asked the Ta´naiste and Minister for a solution to any problem in any circumstances. Health and Children what moneys were being Suicide prevention is everyone’s responsibility. spent on suicide prevention this year. She could The tide can only be turned by concerted and co- not answer me because her Department did not ordinated actions by all sections of society. This know the answer. The query was referred to the is why this debate is so important. We in this Health Service Executive and I am still awaiting 1187 Suicide Prevention: 2 June 2005. Statements 1188

[Mr. Neville.] earn respect, support or a place in society. Ireland the information. In other years it took four days is a place for winners. If one is not in that cate- to receive a reply but after the Health Service gory, there is no place for one is current society. Executive was set up, the Minister has no The critical issue for male adolescents is to responsibility in this regard and, after waiting for derive an identity, self-esteem and personal two months, I still have not received the infor- meaning from their position in society. People mation. This is not fair to those of us who work who are not winning are marginalised and in the area. devalued by society. There is no place for them. Most people who die by suicide do not want to Those who fall out of education are the most vul- die; they want to remove the pain rather than die. nerable. All the studies that have been carried Suicide is not a diagnosis, it is a behaviour. out, especially those carried out by the late Suicide has puzzled people down through the Michael Kelleher, indicate that there is a higher years. Parents, families and professionals are level of suicide among people who leave edu- puzzled as to why it happens but there appears to cation early. In the past, young Irish males could be no answer. There is need for research to find have gone to church, identified with God and the out why it is happening. Some research is taking idea that there is something else beyond the euro. place but we must find out why suicide is hap- Nowadays there is nowhere for them to turn. pening. There are not sufficient psychological There is also fragmentation of the family. There autopsies being carried out. How can we learn if is an increase in marriage breakdown and the more psychological autopsies are not carried out number of separations since 1986 has more than to get more information on people who take doubled. There is a fundamental breakdown in their lives? relationships between people and their socio-cul- The most difficult thing to accept when some- tural setting. We do not know what our true value one takes his or her life is that no one is to blame is. We have lost our way. The euro is worshipped and that it is impossible, no matter what is done, and happiness emanates from the euro. We are to prevent all suicides. The acceptance of this told a private car is all we need. Many males are may be the most difficult of all. It is inevitable marooned, disconnected, alienated and lost. that all parties, including schools, mental health There is a lack of integration of the individual professionals and families will feel guilt when a in society and there is a lack of solidarity among person commits suicide. It is also inevitable that people, which solidarity came from attending all parties will try to shift the blame to others. mass with the same people in the same church The purpose of the blame is to remove personal every week. The religious festivals of the past are guilt. It is also denying the fact that no one is to no more and they have been replaced by drink- blame when a suicide takes place. ing festivals. I want to deal with the area of gender and It is vital that the role of alcohol in suicide suicide. There is a contradiction in that male should be examined. Dr. John Connolly, sec- suicide and hopelessness has increased while retary of the Irish Association of Suicidology, has Ireland has a booming economy. I have dealt with done a great deal of good work in the medical side but this is the societal side of 2 o’clock this area. There is a high incidence of suicide. Professor Michael Fitzgerald, Chairman suicide among alcoholics but suicide of the Irish Association of Suicidology, said that also occurs when people consume alcohol during in Irish society in 2005, males find it harder to crises, which interferes with their objectivity. The find a role and identity in society. Young males inhibitions of those contemplating suicide are are often lost. If unemployed, they are unsuccess- also reduced. ful. They feel discarded and there is an increased The Minister of State referred to the national likelihood that they will consider suicide. They task force on suicide, which reported in 1998, and tend to use the strategy of the stiff upper lip. In he highlighted that eight of its 86 recommend- some ways, females rearing children has not ations have been implemented, which speaks for changed over the years, but the massive increase itself. The national suicide review group pub- in working outside the home has changed for lished its first report in 1999 and one of its chief females. Nevertheless, in agricultural communi- objectives was to implement the recommend- ties, women always worked on the farm, there- ations of the task force, although it was the fore, the new change in work practices may not Department’s responsibility. The review group be as radical as is often perceived. The insti- was set up for that purpose but only eight of the tutions in which we put our faith, such as the recommendations have been implemented. A Church, State agencies, the Garda and politicians strategy group was established recently. Is the have lost face in recent years and lost the trust wheel being reinvented? Can the Minister of of people to a greater or lesser extent. As these State not implement the remaining recommend- institutions have been declining in stature, the ations of the task force? rate of suicide has been increasing. The people in Ireland who are valued in 2005 are males who are Mr. F. McGrath: Hear, hear. successful, who are winners, who are attending third level education and earning big bucks. Mr. Neville: The Department and the Govern- People who are not in this category find it very ment have failed to implement them. I have met difficult to find an identity, a position in which to psychiatrists who say nothing can be done about 1189 Suicide Prevention: 2 June 2005. Statements 1190 suicide. In the mid-1990s Australia identified 120 of these beds were needed and should be young male suicide as a serious issue and the provided. Government there introduced expensive The increasing incidence of suicide both inter- measures to combat suicide. As a result, the incid- nationally and in Ireland is a major public health ence of suicide has reduced by 24% and the low- problem, particularly among young men. The est incidence occurs in males aged between 15 suicide rate among this group has increased four- and 20. fold since 1990 making it the most common cause Suicide results in a cost to the State. That may of death among young people. The latest statistics be considered insensitive but every suicide costs reveal that suicide accounts for 50% more deaths the State. I refer to international calculations of annually than road accidents. Deaths resulting the cost. A successful suicide strategy will gener- from overdoses or from lethal cocktails of drugs ate significant economic benefits above and are sometimes not fully understood in terms of beyond the cost of a suicide. Three distinct econ- whether they were deliberate or accidental. I sus- omic factors are associated with suicide — the pect the incidence of suicide is higher than official loss of production as a result of a suicide, the statistics record. potential future contribution to the economy of Suicide is the most common cause of death the person who dies and the human cost the indi- among 15 to 24 year olds and the rate in Ireland viduals place on their lives. If this international is increasing more quickly than in other countries. calculation is applied to the most recent suicide The incidence of suicide among young females statistics in Ireland, which were published in 2003, has doubled since 1992. Young males comprise a the cost to the State was approximately \800 mil- particularly vulnerable group and a strategy must lion. A calculation can also be made regarding assess and target what can be done to facilitate the cost of deliberate self-harm, which is esti- them to deal with the pressures they face. mated at approximately \40 million annually. Parasuicide is also an issue. Significant While this may be crude and insensitive, money numbers of parasuicides enter the health system is needed to address the incidence of suicide. and then disappear and this needs to be addressed. In 2003, 11,200 parasuicides presented Ms McManus: It is unusual to revisit an issue at hospital accident and emergency departments so soon after it has been debated in Private and they must be tracked more effectively. We must ensure that supports come into play when Members’ time but the issue of suicide deserves someone presents as a parasuicide case. Other- to be revisited. As Deputy Neville has stated on wise, the likelihood is that some of these people a number of occasions, suicide is a unique tragedy will successfully kill themselves at some point in which has a lifelong impact on families and com- the future. There is a correlation between suicide munities. The proliferation of support groups in and factors such as unemployment, poverty, recent years has helped families to cope with bullying, relationship break-ups, legal and work suicides and I hope the Government will bring related problems, alcohol and drug abuse, physi- about a small and modest improvement in this cal or sexual abuse in childhood and social regard by encouraging and facilitating such exclusion. These are parts of the conditions that groups. Families should always be focused on in lead to suicide and must be addressed. debates on suicide as well as the tragic victims. No debate on suicide can ignore mental health The House debated the issue of suicide shortly issues due to the correlation between suicide and after the County Offaly coroner had described mental illnesses, particularly depression. the incidence of suicide in his area as an epi- Emotional and mental distress can be as debilitat- demic. That was a shocking statement by some- ing and life-threatening as physical illness at body who is aware of the incidence of suicide in times. However, psychiatric illness does not his community and it should be a wake-up call for receive the attention, investment and resources those who doubt the seriousness of the problem. that go towards treating physical illness. It is time Suicide is related to mental health and mental to change this mind set. Despite the passing into health services have been neglected. An increas- law of the long overdue Mental Health Act 2001, ing number of young suicide victims has focused mental health remains the Cinderella of Ireland’s long overdue attention on this problem. While health services as it has been receiving a smaller advances have been made in recognising suicide and smaller share of a cake that is not big enough as a major public health and social issue, suicide to begin with. The area is under funded, and mental health services in general have suf- unequally distributed, understaffed and lacking in fered sustained neglect in funding by the Govern- essential specialist services. In short, it is as neg- ment. For example, the slashing of the mental lected and ignored as many of its clients. The health budget to 6.9% of the overall health most recent media coverage highlights the mental budget from 11% in 1997, despite the increased health tribunals we are still awaiting. The staffing incidence of suicide annually, indicates the requirement there is an indication of the Govern- Government does not have its priorities right. ment’s views on this whole issue. Only 20 inpatient beds with specialised services We have had report after report that has high- for adolescents with mental health problems are lighted the neglect and pointed out that the most in place, despite a Government commissioned deprived areas in the country receive the smallest report which recommended in 2000 that at least mental health allocations. They have shown that 1191 Suicide Prevention: 2 June 2005. Statements 1192

[Ms McManus.] suicide rate. Everyone agrees that, in countries the mentally ill in Ireland are still stigmatised and experiencing rapid rates of change, levels of forgotten. They have also pointed out that suicide have increased. No country has experi- despite the proliferation of previous reports and enced as much change as Ireland over the past many commitments, we still do not have properly decades. However, it would be wrong and some- resourced community care for our mentally ill, what superficial to ignore the other feature that properly constituted clinical teams to deal with pertains to the influences of society on the well- those most vulnerable people and we do not have being and good health of its population. Coun- enough beds for certain specialties, notably child tries with the greatest inequalities are those with and adolescent, forensic services and services for the greatest levels of ill health. A fair society is a eating disorders. At the same time, our system healthier society. We depend to some extent on remains far too bed-based, with valuable British data but what we are seeing is the increas- resources tied up in bed provision rather than ing inequality leading to greater ill health and community-based services such as day hospitals, higher levels of suicide. We should take this infor- day centres, hospitals, half way houses, drop in mation on board as politicians, not just as a centres and properly staffed community and men- matter of health policy but as a matter of our tal health teams. basic political perspective. If we continue to I take this opportunity to digress. My local develop a society that is so unequal and is now hospital is St. Colmcille’s in Loughlinstown, second to the US in terms of inequality between County Dublin, and it has the only centre in the the better off and the poor, we are not creating a country dealing with eating disorders. It was very better society. We are creating an unfair society disturbing to discover that 12 people died while where more and more people are being left waiting for treatment at that centre because it is behind. As Deputy Neville pointed out, the hope- simply incapable of meeting the huge growing lessness and loss of self-esteem is considerable in need relating to obesity. Making this point is a society where achievement is seen as central to important even if it is not germane to this debate. individual well being. We do not have enough psychiatrists, psychol- In terms of analysing data on socio-economic ogists, social workers, therapists, nurses and back classes, there is a whole cohort of people that is up staff. We do not intervene early enough to not known about. Such people do not fit into the make a real difference for those who develop modern categories of class and it is in this grow- serious mental illnesses. We do not have an even ing group of people that increasing numbers are near-adequate mental health service in place to committing suicide. This must not only be an deal with the one in four of us who will experi- issue of concern but of political initiative to ence significant mental health difficulties in our ensure we develop a fair society in a way that will lifetime. have an important impact on health and sense of The World Health Organisation sets out gen- well being. We will thereby ensure a reduction in eral principles for mental health legislation to suicide levels. protect the rights of the mentally ill, including Currently our resources are often located in the respect for individuals and their social, cultural, areas that need them least when it comes to men- ethnic or religious and philosophical values, tak- tal health services. We are all indebted to the ing into account individual needs, care and treat- Irish Psychiatric Association, which performed a ment provided in the least restrictive envir- magnificent job in producing its report The Stark onment and a provision of care and treatment Facts, which showed the extraordinary imbalance aimed at promoting each individual’s self-deter- between affluent and better resourced mental mination and personal responsibility. Article 12 health services and areas of deprivation, where of the International Covenant on Economic, not only were resources unavailable but where Social and Cultural Rights, which was ratified by consultant psychiatrists or senior professionals Ireland, states that all persons have the right to were in temporary positions. This leads to insta- the best available mental health care. In the Irish bility in terms of treatment. That type of inequity tiger economy of 2005, we are a long way from is heaped upon a society already based on honouring our commitment under this conven- inequity. The two tiered nature of our health tion and it is time we started to do so. These prin- service is a reflection of the greater inequity that ciples centring on the ideas of individual auton- exists in our health service across the board. We omy and respect have influenced new thinking are unique in Europe in our extraordinarily about psychiatric illness. The ambition is now different approach, whereby someone with based on working out a road to recovery in part- insurance can access care very rapidly but an nership between the patient and the professionals uninsured person who is in need cannot. We need rather than viewing recovery as something that is a new initiative in mental health services to dispensed by one person to a compliant patient. ensure that equity exists and that in the areas of This partnership is an important change but there greatest need, the greatest effort is made to pro- are not enough staff to provide that type of vide resources and facilities. secure support for people, which is something It is important to assess the potential impact of with which we must concern ourselves. policy changes or legislation on the possibility of I made a point during Private Members’ time more young people committing suicide. I have is that there are many societal influences on the grave concerns about the proposal of the Minister 1193 Suicide Prevention: 2 June 2005. Statements 1194 for Justice, Equality and Law Reform, Deputy them to see if they are worthy of their reputation. McDowell, to deregulate the public house licens- I call on the Government to implement the pre- ing system and to develop cafe´ bars. Dr. Joe vention programme nationally. Barry, president of the Irish Medical Organis- References have been made to budgets. There ation, has expressed strong and critical opposition must be some form of direct correlation between to these measures and we should listen to him. If the reduction in the mental health budget and the we do not deal with the binge drinking culture increase in suicide. The mental health budget has and alcohol abuse there will be no possibility of decreased from 11% to 7% of total health spend- achieving a reduction in our suicide levels. If we ing, which is reflected in the level of resources do not wake up to that fact, we will be back in locally. There are simply not enough resources to this House in one, five or ten year’s time making meet demand and money should be invested in the same points and facing worsened statistics the pilot project to which I have referred. and higher numbers of people committing suicide In every case of suicide, a full audit should be with the terrible, tragic loss of life that entails. performed. All the circumstances of the case should be examined. We must determine if the Mr. Connolly: I propose to share time with person was in contact with the mental health Deputies Finian McGrath, Gogarty, Ferris and services, whether the services responded, how Cowley. well and whether they failed the individual? We I welcome the opportunity to speak on this also need to ask if the person confided in a friend grave subject. Suicide is a major issue which or loved one and, if so, whether the confidant was affects all strata of society, irrespective of class. It equipped to deal with the situation. particularly affects young males, among whom Sometimes people do not know where to go for the rate of suicide is very high. help. If one rings the Department of Health and Suicide was a taboo subject at one time that Children, the response one receives is not good. was not discussed openly in any forum. Now, I would like to think that the quality of response however, people are not afraid to use the word would improve. We also need to examine “suicide” and to call it for what it is. People have whether there was a trigger factor in the suicide, seen that it is a tragedy and are prepared to speak whether there were clusters of suicides in an area openly about it. This has been evident at various and the age profile of the deceased. If we get a seminars, one of which was held at Dromahair in better and fuller understanding of suicide and County Leitrim. There was a large attendance at those most likely to take their lives, we will have that event which was due to finish at 5 p.m. but continued until 7 p.m. In County Monaghan the a better quality of response and will be better vocational education committee and the Health equipped to deal with the problem. Service Executive joined forces to host seminars We should review suicide figures monthly at the Hillgrove Hotel in Monaghan town and the because this will make it more likely that some- Nuremore Hotel, Carrickmacross. Both seminars one will have to answer questions. Annual were well attended with a high level of audience reviews are inadequate. It is 2005 and we are ana- participation. People were looking for answers lysing the suicide figures for 2003. That is not and action to be taken. People are afraid, partic- good enough. Another issue is bed shortages. I ularly those who have lost loved ones or who fear called for media coverage of this debate, not to that they might lose them. name people but to keep the issue alive. In the context of possible solutions, a German model was put forward. A prevention programme Mr. F. McGrath: I welcome the opportunity to was piloted in Nrnberg over a two-year period speak on the important matter of suicide. This which resulted in a 26% reduction in suicide and issue must be dealt with in a well thought-out, self harm. In Wrzberg, where the programme was caring and professional manner. We must face up not piloted, there was a 24% increase in suicide to the problem in our society and move on to and self harm in the same period. The German resolve it. programme will be piloted in Cork and Kerry and The Government and the broader community consists of four strands: liaising with general prac- must accept that suicide is a major crisis in the titioners and organising GP workshops; targeting State. We must face that reality and accept that people who have engaged in self-harm, as it has the latest statistics reveal that suicide accounts for been shown that such people are at a greater risk 50% more deaths annually than road traffic acci- of committing suicide; targeting key professionals dents. A total of 444 people committed suicide such as social workers and priests; and targeting last year while 293 people died on the roads. the media, running advertising campaigns in cin- Suicide is the most common cause of death in emas and so forth. Ireland among those aged between 15 and 24 and If that pilot programme worked in Germany, our rate in this age group is the highest of all 25 there is no reason we should pilot it again to EU states. The suicide rate in Ireland is rising determine if it works here. I urge the Govern- more quickly than in any other EU country and ment to expand the scheme on an all-Ireland the rate among young females doubled between basis. It will save lives, is sensible and contains 1992 and 2000. The highest rate of suicide in the nothing harmful. The current situation is that we past five years is among men aged between 20 are adopting the German models and re-testing and 29. In 2003, 11,200 para-suicides or attempted 1195 Suicide Prevention: 2 June 2005. Statements 1196

[Mr. F. McGrath.] factor in the suicides caused by psychiatric or suicides presented to hospital accident and emer- mental health problems. In a study by the Samari- gency departments. tans in 2003, a number of adolescents who had There is a correlation between suicide and contacted the Samaritans were asked how many factors such as unemployment, living in poverty, times they had been drunk in the previous year. bullying, relationship breakdown, legal and work Those who had contacted the Samaritans related problems, alcohol and drug abuse, physi- reported being drunk ten times more than those cal or sexual abuse in childhood and social who had not contacted the Samaritans, which is exclusion. We have witnessed the slashing of the telling. Between 400 and 500 young people com- mental health budget from 11% of the total mit suicide every year in Ireland. This represents health budget in 1997 to 6.8% this year, despite one in three of all deaths of those between the the fact that suicide is claiming more lives annu- ages of 15 and 24. The figure could be higher ally. Another reality that must be faced is that because the incidence of single-car accidents there are only 20 inpatient beds with specialised among male drivers is disproportionately high services for adolescents with mental health and we do not know how many people take their problems. lives in this context. This is the reality for many of our citizens. We need to focus on alcohol and responsible However, suicide is also a community and family drinking in this debate. Deputy McManus made issue. We must all slow down and listen to the a point regarding inequality, with which I concur. needs and feelings of others. The modern society I would also like to address the issues of com- of rush and go, competition and pressure leads to munity and family values. As we have prospered, a situation where people are not listening to one the values and the respect we had for each other, another and vulnerable people fall through the the environment around us and our family and net. Every citizen of this State should be the eyes community have disappeared. There must be and ears of a public health strategy. We must some collective way that we, as politicians, can become a community that listens. try to encourage the restoration of those values I have a number of proposals to deal with without returning to the era of the squinting suicide, including developing an effective stra- windows. tegic action plan for both prevention and reduction of suicide as an urgent, national Mr. Ferris: Ireland has the second highest priority; implementing all 86 recommendations of incidence of suicide in Europe. In 2003, 577 the 1998 report of the national task force on people took their own lives, the majority being suicide on ways to prevent and reduce the incid- ence of suicide; establishing a national suicide young men. We need to look at the reasons prevention agency; providing a comprehensive behind this. What is the reason behind the rising programme of multidisciplinary research and suicide rate? I think there has been a 25% rise in investment in suicide prevention strategies; and suicides over the last ten years, particularly in improving awareness of suicide by investing young males. We need to examine the social resources in education programmes and mental deprivation and inequalities in our society if we health services. When the Government carries are to find a remedy for this enormous tragedy out such actions, then we can say we are taking that is inflicted on many families each year. the issue of suicide seriously. I urge all Deputies Suicide touches the life of every Deputy to reflect on these important matters. numerous times each year when their constitu- ents endure the pain of suicide. The enormous Mr. Gogarty: I concur with many of the com- pressures facing young people, particularly within ments from previous contributors. There is little the education system, are a major contributing one can say in two and a half minutes except for factor in suicides. We grade children like cattle on every family that has been touched by suicide, a points system. Children are expected to obtain a words cannot express anything. One can only try certain amount of points in examinations. When to empathise with families affected by suicide certain people are unable to obtain this amount, because in many cases, people will blame them- they find it very difficult to come to terms with it. selves for the suicide of their loved ones. Unfor- We also need to examine the structures that tunately, there are practicalities that impinge on are there to help people, particularly young this personal tragedy. For example, the UK people, who are experiencing trauma. It is fair to spends four times as much on mental health say that the pain of mental and emotional trauma services as Ireland. There is a greater drink cul- is far worse than any physical pain. We must also ture here than in continental Europe. These look at the mistakes of the past. At one time, factors contribute to our high suicide rate. there was a considerable stigma associated with Deputy Neville, who made a very telling contri- the tragedy of a person taking his or her life, bution, pointed out that the majority of suicides which was largely due to the attitude of the insti- are caused by mental health problems. I agree tutional churches. This stigma added to the pain with Deputy Neville’s point but I would like to surviving family members. There is a need for use the short time available to focus on alcohol structures and caring preventative measures to be and young people, an issue that is closer to my put in place and resources to implement them. heart. In some instances, alcohol is a contributing We need a national suicide strategy as a priority 1197 Suicide Prevention: 2 June 2005. Statements 1198 and we need the resources to implement it on an services is not available. These are things we all-Ireland basis. know for certain. I also know for certain, as a GP, that supports Dr. Cowley: My first real exposure to suicide are not available. So many people — one quarter was as a young trainee GP in Swinford, County — come to their GP before committing suicide Mayo, when I saw two elderly men both laid out yet I think that sometimes GPs do not have the side by side on a slab in the mortuary in Swinford resources to deal with this. The answers are Hospital. The sight of two men lying side by side obvious. There is an onus on us to work towards with the track of a rope on their necks is one that a better society. This means putting the resources will stay with me for the rest of my life. These in place to support the things that matter. two men did not know one another but one heard about the other committing suicide and decided Mr. Carey: I welcome the opportunity to say a to end his life as well. It appeared to me to be a few words on suicide and suicide prevention, terrible waste of life. I looked at the men’s situa- which are extremely important issues. It is tions and discovered they had families. Yet they important that suicide is addressed in this House felt so lonely and depressed they decided to end and it is probably a healthy sign of our develop- it all. ment that we can talk about it and acknowledge The situation has grown even sadder since then that a problem exists. In doing so, I pay a part- because we have seen the alarming rate of icular tribute to Deputy Neville for the pion- increase in young people taking their own lives. eering work he has carried out over recent years This has happened over the years since I was a and organisations like the Bethany bereavement young GP in Swinford. Many things have groups, which have carried out tremendous work changed since then. Society has changed and throughout the country. become more Americanised and more orientated Suicide is always a tragedy, for the person towards profit and money. God has been whose life has ended and for the family, friends replaced by the god of money. It is all about hav- and community that have been left behind. ing it all and getting on with it. If a person cannot Suicide has an intensely devastating effect. I get on with it, he or she is pushed to the side. know of many families in my constituency, some of them very close friends, who have had to bear People face pressures from all sides, including this intense loss. It is always difficult to accept the media. People face pressures to perform, to and understand. The resulting pain, anguish and be the smartest, the most beautiful, the most slen- sometimes anger affects not only the family of the der, the most successful or the person who gets deceased but the entire community in which he laid every night. These are terrible messages that or she lived. Over the past 20 years the suicide are being directed at people all the time. These rate in Ireland has increased at an alarming rate. messages are forms of pure propaganda by During the 1980s and 1990s, we experienced the people who are just trying to make money out of fastest increase in Europe, albeit from a low base. young people and society in general. We see it in In 2003, the Central Statistics Office recorded the the care of the elderly, which we debated yester- number of registered suicides as 444. Today, day in the House. The Government is aiding and every 45 minutes at least one Irish person will abetting a situation it is all about profit. We attempt to die by suicide. These figures are should all take part in looking after older people shocking. There probably is not a family in the but we have given it over totally to private oper- State which has not been affected or touched in ators who, in the absence of anything else, are some way by suicide. doing the best job they can. However, it is still What concerns me further about the statistics private enterprise and operators have to turn a are the specific groups that are affected by the profit. Why do we not look after older people trend. More than four times as many men as ourselves? Why are communities not doing it? women died by suicide in 2003 — 358 males and Communities could look after older people. Why 86 females. There is a statistical link between should care of the elderly be profit-driven and not unemployment and suicide, especially in young community based? We can look after older men, and rates of suicidal behaviour are higher people in our communities and some communi- among manual occupation groups. Research ties are doing it. shows that suicide rates in the lowest social class We have made a god of money and put these are almost four times as high as in the highest terrible pressures on our young people. They are earning brackets. Most frightening is that our rate born, through no fault of their own, into a society of youth suicide is very high. A total of 30% of which has these pressures. It is time we examined all deaths in the 15 to 24 year old age group in these pressures. Where is Government money 2003 were recorded as suicide. In the 25 to 34 being spent? It is being spent on so many silly, year old age group, the figure was 23%, making difficult, rotten things that really do not matter. it the largest cause of death in both groups. The money should be spent on psychiatric Ireland now has the second highest youth suicide services. We know the graph for alcohol con- rate of the 30 OECD countries. sumption goes way up, together with the binge What are the reasons for this dramatic increase drinking of our young people. We also know that in suicides in this country? Is it even that straight- the money that needs to go into psychiatric forward just to point to the causes? After all, 1199 Suicide Prevention: 2 June 2005. Statements 1200

[Mr. Carey.] provide the most effective resources for people to most people do not understand suicide—Ido cope with events in their lives before all hope is not understand it. However, by examining the lost. Looking at the policies of our European research we can gain some knowledge and under- counterparts, the Finnish strategy is particularly standing of this alarming trend. comprehensive and well developed. It is the only Between 40% and 60% of those who die national strategy that has a framework with a through suicide have made previous attempts. clear definition of suicide prevention. This pre- Psychiatric disorders or addiction problems are vention strategy is at several levels. Primary pre- present in 90% of people who take their own vention aims to enhance every individual’s inner lives. With the increasing mental distress, a per- resources and living conditions. Secondary pre- son’s ability to find solutions to their problems, vention attempts to eliminate or reduce con- or even to imagine there could be solutions, ditions such as mental illness, intoxicant prob- diminishes. It is at this stage that suicide can be lems, physical illness and life crises which, under seen as a meaningful alternative. This thought certain circumstances, can lead to suicide. Ter- seems to occur more readily to men, those living tiary prevention focuses on those who have alone and people who feel alienated from society. attempted or planned suicide and the methods Not everyone with depression attempts suicide they use. so it is clear that other factors are relevant. A A range of supports and interventions needs to culture of alcohol abuse is a factor in these high be introduced where the focus is on enhancing numbers. In young people in particular, the coping skills, creative options and problem solv- sequence of events leading to suicide may start ing approaches to crises. Major emphasis must be with alcohol or illicit drug use. There has also placed on addressing public attitudes to depress- been reference to the decline in traditional ive and other psychiatric disorders. We should religious belief systems, which occurred at the seek to enhance further awareness of depression same time as rapid social and economic change in and its recognition and treatment in general prac- this country. I am not qualified to state whether tice. We must improve access to the psychiatric there is a causal link between the two. services. We must also examine ways to reduce In an effort to address these issues and the the impact of life crises, including unemployment, increase in suicide, the report of the national task marital breakdown and alcohol related problems. force on suicide in 1998 made a total of 86 recom- There is a need to provide improved training for mendations under various headings, such as the our front line workers so situations can be iden- provision of services, prevention, intervention tified early. Most importantly, we must seriously and after care. Since 1998, significant progress has target suicide among our youth, especially young been made in implementing the report. A suicide men, for special attention. Emphasis should be resource officer has been appointed in each HSE placed on the need to build self-esteem, to detect area and liaison psychiatric nurses have been anger management issues and to diminish the appointed to accident and emergency depart- sense of alienation that many teenagers feel. ments in general hospitals. Provision has also While suicide rates are higher in young adults, been made for training relevant health care per- many of the risk facts and associated behaviour sonnel in regard to suicidal behaviour and such problems are established in adolescence. If we training is ongoing in all HSE regions. In can target this behaviour early, we can really addition, the national suicide review group, the make a difference to their lives. Teenagers need National Suicide Research Foundation and the somebody to talk to, particularly at critical times. national parasuicide registry have been estab- It is important that we understand the particular lished to research further the causes behind this needs in that regard and provide adequate coun- trend. selling and psychiatric services for them. We Legislation has been enacted restricting the appear to have a growing development of services availability of medication which can be used to for children and adults but young adolescents overdose. A social and personal health education appear to be falling between the two, with fatal programme has been developed and is now com- consequences. pulsory for all junior cycle students in secondary Tackling suicide as a single issue will never schools. However, more can always be done and, bring success. Suicide prevention measures must although statistics show that the growth in the take account of broader socioeconomic and numbers attempting suicide has slowed recently, environmental issues, particularly those associ- we must strive to reduce the figure entirely. ated with social justice, education, health, An interesting point was made during a pre- inequality and community affairs. I urge the vious debate on suicide in the House. It was that Government to continue its work in this regard. suicide is not chosen but happens when the pain There is a job to be done and, as legislators, we one feels exceeds the resources for coping with have a responsibility to deal with suicide and to that pain. We all experience real pain at some reduce the risk of suicide. stage in our lives but dealing with the pain is Over the last few decades, dramatic medical crucial. It is the resources available to us to deal and scientific advances have occurred with regard with it that can make the difference. to many killer diseases such as cancer, diabetes The most effective way to tackle suicide is to and heart disease. These advances came about provide early support and intervention and to through dedication and determination from statu- 1201 Suicide Prevention: 2 June 2005. Statements 1202 tory and powerful agencies and from relentless even what it means to aspire to be a virtuous advocates who, together, have advanced the person. health of the Irish nation. Now, suicide represents In his opinion we possess only the fragments of the new age killer. If we are to stamp it out once a former conceptual scheme; we possess such and for all, the same dedication and determi- words as goodness, virtue, a virtuous life, and so nation must be shown by all. on, but we have lost our comprehension, both theoretical and practical, of morality. He states: Mr. G. Mitchell: I feel somewhat inadequate In this context, there is no rational way to contributing to this debate in the presence of gain moral agreement, hence, for all practical Deputy Neville, having listened to his contri- purposes, we are living in what might be called bution. I join Deputy Carey in praising Deputy an emotivist culture, one which proclaims that Neville and others who have done so much work all judgements are nothing but expressions of on this issue. preference, attitude or feeling. Suicide in Ireland is now at unprecedented lev- els. The reasons for this are complex. To reduce This may be a pessimistic appraisal but if we are the rate of suicide we need integrated compre- to make a start to creating a society where the hensive plans. I am aware that recommendations despair or indifference which leads to suicide is have been made. I wish to raise one issue in the less prevalent, we must begin with a thoughtful time available to me. Teachings on the excessive re-appraisal of some of the philosophies which use of alcohol, drug abuse, what we value, what have helped bring us to this point. we do not value, self-restraint, self-denial and Iris Murdoch, the Irish-born, Oxford-based mercy are messages carried by organised religious novelist and philosopher, who died in 1999, was groups such as Christians, the Jewish community, the recipient of numerous awards and accolades. Muslims and others. If, for young people in part- Rather than the empty external freedom of exis- icular, this teaching is replaced by “anything tentialism, Murdoch looks to an alternative view goes” and what feels good, despair cannot be too that places emphasis on the growth of freedom far behind. that accompanies a growth in the person, and one As a young Muslim man who worked for me that shifts the emphasis in morality from the last year put it, the term “jihad” is much misun- world of action to that of vision. According to derstood. Jihad is what we each face daily, the Murdoch, modern ethical theories such as behav- struggle between what is right and wrong. We all iourism, utilitarianism or existentialism cannot do wrong but if we recognise the wrong, because account adequately for either moral progress or there are some beliefs or a moral system guiding moral failure because they have no sense of the us, we can make amends and strive for what is existence of an appropriate goal towards which right. If we do not know that internal jihad, con- they ought to strive and which does justice to the fusion and despair can easily follow. For many of seriousness of the ethical project. us, the teaching that equipped us to handle this As Rev. Dr. Eoin Cassidy states, Christians jihad came in the main from religious sources, believe it is by reflecting on mystery, truth, good- with all its faults and human failings. Can we ness, beauty and love that one can begin to actually create an environment where religious explore the mystery of God and the manner in practice is respected and encouraged, although which God is revealed in the world. These privi- not forced? Should we do so? leged dimensions of creation and, in particular, Religious practice is as much part of who we human existence can be described as the four are as a people as is culture, language or, for footprints of God in the world, according to Dr. example, hurling. If hurling or art were to be Cassidy. However, in the search for meaning and threatened we would act. In the case of religion, value, it is not only the Christian churches which some of us seem to rejoice in its apparent decline. can contribute. In October 1965 under the title Some of this is due to abuse that has been per- Nostra Aetate — In Our Time — a short declar- petuated, some because of the harshness with ation, inspired by Vatican II, on religious and which some religious leaders behaved in the past. spiritual interpretations of experience was issued. Rev. Dr. Eoin Cassidy, in his book The Search This vision is well articulated in the following for Meaning and Values, published by Veritas in passage from Nostra Aetate: 2004, refers to the philosopher Alistair MacIntyre Human beings look to their different of the University of Notre Dame in Indiana. If religions for an answer to the unsolved riddles MacIntyre is correct, liberal individualist culture of human existence. The problems that weigh provides neither a basis for moral discourse nor a heavily on the hearts of human beings are the context for rationally securing agreement on any same today as in the ages past. What is the per- moral issue because it cannot sustain the where- son? What is the meaning and purpose of life? withal to create a moral community. What is What is upright behaviour, and what is sinful? necessary for a moral community to exist is some Where does suffering originate, and what end shared sense that there is a purpose to existence does it serve? How can genuine happiness be and some level of agreement as to what that pur- found? What happens at death? What is judge- pose might entail. MacIntyre’s view is that west- ment? What reward follows death? And finally, ern culture has lost connection to the idea of vir- what is the ultimate mystery, beyond human tue and what it means to be a virtuous person, or explanation that embraces our entire existence, 1203 Suicide Prevention: 2 June 2005. Statements 1204

[Mr. G. Mitchell.] ticians. Has our inability to show mercy created from which we take our origin and towards an atmosphere or attitude in which suicide can which we tend? thrive? This is a question worthy of consideration All this might seem a very strange contribution and debate. Would it be unthinkable to have a on the subject of suicide. We need better youth White Paper on the role of religion in society? service facilities, more education on the abuse of Foreign policy and education are not the only alcohol and early warning systems. However, on important areas which should receive such con- their own, these will not go to the heart of the ills sideration and analysis. To turn society around in society which have given rise to such a high and to reduce the number of suicides requires a rate of suicide. multifaceted approach. Politicians can no more reverse the trends in suicide than we can create jobs, for example. Ms Hoctor: Ta´ me´ buı´och as an deis seo a lab- However, we can create the environment in hairt ar an bhfadhb mho´ r chonspo´ ideach seo, which employment will have the opportunity to fe´inmharu´ . I welcome the opportunity to address flourish. We can also help create the environment the House on the issue of suicide, particularly in which contributes to the search for meaning and light of the recent statistics showing that north value that leads people away from despair. To do Tipperary had the distinction of the worst figures that, we must start talking more about the value for completed self-terminations in the Republic. I of religious teaching and belief. We must respect share the public concern about the level of suicide those who hold religious beliefs, as well as those nationally and welcome the earlier statement to who do not. The trend towards only one type of the House by the Minister of State, Deputy Tim society, an assimilated society, where secularism O’Malley. I am aware also, as laid out by the is almost a universal religion and the only one to Minister, of the progress made at a national level be respected, is a recipe for despair. Our society by the Government, the health services and the must be about integration not assimilation. Have voluntary sector since the national task force on we learned nothing from the birth of the Euro- suicide in 1998. pean Union or the Troubles of Northern Ireland? Suicide is a difficult subject for governments The essential point I want to make is as follows. and health services to grapple with. One cannot If we are to lead young people away from despair legislate out of existence the diverse and complex and hopelessness, they must be given hope, vision pressures and stresses that lead people to take the and leadership. They will not hear this message drastic action of ending or attempting to end their of hope exclusively in the home or exclusively lives. Social or economic and personal regulation from the tongues of other leaders like politicians by the Government cannot ever entirely hope to or trade unionists, and they are unlikely to get it eradicate this phenomenon. However, the State from the business class. One sector of our society, has a duty of care to do all it can to set in place with all its excesses and abuses, has in the past systems and procedures to guide our public ser- tried to imbue a sense of moral values. That sec- vants in the general health services, mental health tor is the religious, largely Christian, sector. It is services, social welfare and educational sectors to now a very much more mixed sector with differ- best prevent self-destruction. In 2003 north ent Christian religions, a strong Muslim com- Tipperary suffered twice the national average munity and, sadly, a declining Jewish community. number of suicides. One aspect those groups have in common is a wish to try to imbue people with a sense of what Mr. Neville: North Tipperary has the highest is right and wrong. I do not want to return to the rate of suicide in the country. excesses of religious leadership, or anything akin to a shadow-state within a state. I do not want a Ms Hoctor: North Tipperary has the highest society where the parish priest controls who uses rate in Europe. The mid-west region which the local community hall or where the Muslim Deputy Neville, the Minister of State, Deputy teacher imbues intolerance. However, I do want Tim O’Malley and I represent, has a society where sport, culture, art, politics and 3 o’clock high suicide figures which is very sad- religion co-exist. Organised religion has a contri- dening. This is a huge social concern bution to make in leading people away from and we cannot understand why so many take despair and in seeking to equip society with a their own lives. Suicide defies the application of value system that helps when trying times are any hard and fast certainties arising from research present. The new Roman Catholic Archbishop of into the phenomena. Dublin, Dr. Diarmuid Martin, has stated his Some 96% of Irish suicides are related to men- Church must find new ways of evangelising. I tal illnesses, ranging from depression to schizo- fully support and encourage that, and believe it phrenia. I am particularly concerned for north would help if women and married people were Tipperary in this regard. GPs and nurses have allowed a full role in that new model. been campaigning for improved mental health The Beatitudes tells us that blessed are the services in the area for some time and have been merciful for they shall be shown mercy. One of supported by Deputies from every party. The cur- the less palatable manifestations of the wrongs of rent north Tipperary team consists of one con- Ireland’s society is the absence of mercy. We are sultant psychiatrist, one clinical psychologist, one all at it — journalists, businessmen and poli- addiction counsellor and one social worker. The 1205 Suicide Prevention: 2 June 2005. Statements 1206 team, which provides general practitioner contact simply provide a troupe of mental health pro- and support, day hospital interventions, out- fessionals. This country takes pride in the fact patient clinics, day centre services and domiciliary that we are the greatest exporter of software and interventions, serves a growing population of excel in the area of information technology. Tech- 70,000 people. There are no weekend services for nology means greater communication but there is psychiatric or mental health care in north a greater need for parent-child interaction in the Tipperary at the present time. If an emergency is family home. People must be facilitated with flex- clearly identified, the person must be referred to ible working hours so that they have more time St. Michael’s in Clonmel which is 50 miles from with their children during the precious child- Nenagh and 70-miles from Lorrha, the most hood years. northerly parish in Tipperary. This is The development of interpersonal skills in unacceptable. There is no public transport system schools, sports clubs and playgrounds has been in place to accommodate people who must to damaged by the increasing isolation experienced travel to Clonmel under such circumstances. by the population as a result of the daily stresses After-hours psychiatric posts advertised in and pace of life. In rural communities such as October 2002 have not been filled and seem to north Tipperary the mechanisms for dealing with have evaporated. The Minister of State should these changes are only being developed. Irish investigate the matter. There are plenty of psychi- society has had to modernise quickly and, for the atric nurses qualified for such positions but a most part, it is doing well. However, we cannot shroud of mystery covers the health services in become complacent and ignore those struggling the mid-west region. Responses are poor and in the wake of this transition. contact is not up to the expected standards. Two weeks ago the Sunday Independent rather Where did the jobs go? Were they adequately cruelly described many of today’s suicides as advertised? There is a great need in north emotional tantrums; the result of traumas such as Tipperary and the greater mid-west region for discovering one is homosexual, the dissolution of these posts to be filled and services to be a romantic relationship, parent-child conflicts and provided. dashed expectations for a perfect life. However I pay tribute to the voluntary sector, partic- the article made a good point when it stated that ularly the Living Links programme for which we are not furnishing young people with the North Tipperary has again received funding this emotional tools to deal with life’s downside, afternoon through the Department of Social and something that no Government can prevent. Welfare. The programme involves volunteers I welcome Deputy Gay Mitchell’s comment who engage in very rewarding and valuable work with regard to the need for greater spiritual in north Tipperary and other areas. The Rain- awareness and renewal. It is a controversial issue bows programme is aimed at school-going chil- within our schools. However, as Ireland has dren, from primary to secondary level. Within become more secular, the supports of a growing parishes, it is targeted towards children who have spiritual life have been challenged. Spirituality is been bereaved. Unfortunately the service is only a vital support for people who have experienced provided once the bereavement has taken place. trauma and are therefore prone to depression. It is increasingly important that supports be put The education system has much room for in place so that there is less need for them. We improvement in this regard. must address the issue early on and not after the A double approach to general mental health event. and awareness must be developed. Greater social I wish to highlight the deficit of weekend justice and access to educational opportunities services and the supports in place in Limerick. have greatly improved the lives of many in north The Minister of State, Deputy O’Malley, will be Tipperary, but not in every case. There are familiar with these schemes. The scheme to which people for whom the Celtic tiger never happened I refer is based in Limerick Regional Hospital and whose community life has altered so much as and has been running for four years. The services to be unrecognisable from that which existed in are provided until 3 a.m. at weekends. If only 1990. Unprecedented debt and addiction to new north Tipperary had the same support in place. I substances have challenged many. The growing pay tribute to the staff at Glenroyd in Tyone, belief that success and happiness can be Nenagh who provide mental health services for measured in terms of material wealth will bank- the greater north Tipperary area. However, they rupt the very people who are least prepared to are in dire need of increased services and support. navigate the new economic landscape of the This issue must be urgently addressed and I have nation. Suicide is a product of these and many been pushing the Department of Health and Chil- other factors, although it would be an insult to dren for these services to be improved. the dead to attempt to list them all. It is difficult to legislate for an issue such as The Offaly County Coroner, Mr. Brian Mahon, this. We can, through our education system, help noted that most suicide cases are completely young people to become better communicators. different but have a common thread, such as It is no coincidence that the national rate of mental illness and alcohol and substance abuse. suicides has risen greatly as our society has The Government must aid nurses, doctors and become modernised and detached from tradit- teachers in providing an accessible and caring ional community life. We need to do more than holistic approach to those who contemplate 1207 Suicide Prevention: 2 June 2005. Statements 1208

[Ms Hoctor.] some help for those who are left behind because suicide. We must combat it with life skills, they are the ones who have to deal with one of emotional awareness and communication. Suicide life’s most difficult situations. is a permanent solution to a temporary problem. I beg the Government to treat this issue with sincerity and urgency, make every effort to deal Mr. Crawford: I wish to share time with with the cases it knows about and, through the Deputy Stanton. educational structures, try to deal with the pos- I welcome this opportunity to make a state- sible problems. We must recognise that young ment regarding the serious problem of suicide, people, especially young males, are no longer especially amongst young males. I commend actively involved in Church structures and find it Deputy Neville on his positive activity in the area more difficult to discuss their anxieties. The at national level at a time when open discussion churches no longer appear to be as relevant and on this tragic issue is often despised. young people do not have the same access to Some 444 deaths were registered as suicide in clerics and others involved in churches. 2003 which is a serious indictment of our society. There is also a major problem with family There may be more than that registered figure. structures and poor family life when two Eight of the 86 proposals made by the national members are working. There is a lack of the older task force on suicide have been implemented. type family support. One has to examine the sit- That is unacceptable and it questions the rel- uation in Belfast where so many people have evance of setting up groups to propose strategies taken their own lives by suicide, perhaps partly if they are to be virtually ignored. related to the troubles. There is also the problem I want to raise a specific case that has caused of isolation in rural Ireland, which I believe will great anxiety to me personally as well as to many get worse rather than better. other people. The man involved in this particular case was at the older end of the age spectrum. Mr. Stanton: I welcome the opportunity to con- Fred Williamson, at 70 years of age and tribute to the debate. I express sympathy to those recovering from a serious illness, found himself who have experienced suicide in their families, without family back-up and in serious depression. many of whom I know, as do my colleagues. I He begged the authorities to take him into care remember at one time looking into a coffin where for a few weeks at least, or longer if necessary, to a young man of 22 with curly hair lay who had see if he could benefit from such care. However, committed suicide. He should not have been in they insisted that he was a patient suitable for that coffin. He had his whole life ahead of him. I home care and not in-house accommodation. said to him, “You should not be in there”. How That care was tried for a number of weeks and, many of us over the years have been in similar once again, through my office, I begged the auth- orities on his behalf to re-examine his situation, sad circumstances? taking into account his home difficulties. I was The official figure for suicides is 444 but the assured they were fully aware of those difficulties real figure is probably much higher than that, per- but that he should be either treated at home or haps over 500 per year if one takes single car acci- in a home for the elderly. His two sisters lived dents, drownings and so on into account. If two in England and were not in a position to look jumbo jets crashed every year in Ireland, would after him. the Government take notice? One can imagine On the last day I was in consultation with him, the reaction to that. When responding I ask the I spent two hours on a Monday evening on the Minister of State to outline to the House what he phone to the psychiatric services without success. has done in his time in office and what he intends I had to leave the country on business that night to do about this issue. and did not arrive back until Friday. I did not get Alcohol is a major factor in suicide. We must further information from the psychiatric services tackle that problem because my experience is that but I got a phone call at 12 o’clock on Saturday many people who commit suicide, young men in to advise me of Freddie’s death. I appreciate that particular, were under the influence of alcohol at senior personnel from the services made them- the time of the suicide or shortly before it. selves available to the family after the event on Alcohol is a depressant drug that is greatly Saturday, and possibly again on Sunday, but I abused in this country and whatever else we do genuinely believe that a situation like this one, we must not extend the scope of its availability. where there was a clear cry for help, should not There is also a breakdown between the person and must not be ignored. and society — Durkheim called it anomie years I put this case on the record not in a vindictive ago. I have called on the Government to examine way but in the slight hope that somebody will youth services. We need professional youth listen and ensure that when people like this man workers on the ground who can interact with cry out for help, they will be listened to. This young people outside school. Schools cannot death is one of four similar deaths in my immedi- solve every problem. The school environment can ate area within a few short weeks of each other. be artificial. I dealt with schools for 20 years and I appreciate the fact that the VEC organised two I know what I am talking about. Programmes in very successful open meetings in County schools have limited value. We need youth Monaghan to discuss this issue and try to get workers on the ground in our towns and villages 1209 Suicide Prevention: 2 June 2005. Statements 1210 to interact with young people and identify those should not have to fight with the authorities to at risk. get the services they need. We also need training for professionals. We On a local issue, I ask the Minister to re-exam- must train young people to pick up cues from ine the Ryan case in St. Canice’s Hospital. It their peers. When a young man says “Life is not involves a death that occurred unnecessarily in worth living”, his friend might hear that cue, ask the hospital some years ago. The family has con- him to explain what he means and then direct him tinued to try to get the case reopened and prop- to help. We need more services in this area. Pro- erly investigated. I ask the Minister to examine fessionals must be available at the end of a phone that issue and deal with it. Another family is suf- line 24 hours a day, seven days a week or in fering trauma and sadness and is unable to let go hospitals to which people can go and get help because death was caused by suicide and the immediately. We must also raise awareness about family believes questions need to be answered. mental health issues. Deputy Neville has worked Dr. Harding Price was struck off by the Privy hard on that issue. That is something the Minister Council in England but he is able to practise in should do immediately. this country. He was employed by the South We are turning into an economy, not a society. Eastern Health Board and there are many cases We must stop and think about that. I welcome in that area where questions need to be answered. this debate but we need a long debate with more Those families are affected by the decision taken, Members involved in it because this is a vitally which cannot be explained as he is barred from important issue that impacts on communities. any kind of practice in the UK. The docu- Families with teenage children are worried sick mentation is available on the Internet and must about the plague of suicide in our society and we be read to be believed, yet the authorities here must do much more about it than we have done have sanctioned the resumption of his practice while cases are still unresolved in the south east. until now. The President set up a forum recently. These cases relate to family members touched by Communities that experience suicide set up their deep depression, with the threat of suicide. That own groups but they are working hard and strugg- is incredible and I have written a letter to the ling to deal with this major problem but no Minister asking her to reopen the case to see if leadership is being given. The recommendations the suspension can be continued and if the that came forward included setting up a national decision of the Medical Council can be over- body to co-ordinate these groups in the area of turned, or at least suspended until a further inves- suicide prevention. That is something the Mini- tigation takes place. Given the problems, we ster should do immediately. That was recom- cannot afford this type of approach, which falls mended by the forum the President set up, and I short of best practice, within our system. congratulate her on that. As the Deputy mentioned there is a need for a There is too much fragmentation in this area. wider debate encompassing the use of drugs and The various groups are doing their own thing and alcohol. The greatest curse I see in my clinic there is duplication of the work. They all believe every week is the effects of drug and alcohol they have the answer to the problem but no one abuse on the people abusing, their families and group has the answer. I have met many of those their extended families, and the difficulties in groups and they are frustrated because they get convincing the current structures within our so far and then come up against an obstacle. My psychiatric services to deal with them, to reach own town, Midleton, in east Cork, has had a out and be proactive in support for these families major issue with this over the years. Action is in the home, or to take them in and deal with needed to deal with this problem immediately them in a hospital setting. and I challenge the Minister to get working on it. In Kilkenny a multi-million euro, state-of-the- art hospital was recently opened. We need to Mr. McGuinness: I will be brief. I compliment build the appropriate staffing levels, skills and the Minister on his work in this area to date, the qualification around that to ensure we can deal sincere way he is approaching the issue of suicide with this issue. The Minister should not be shy in and his commitment to the task. I listened care- asking the Government to put money into pro- fully to Deputy Neville’s contribution to the jects that deal with this issue. For far too many debate, and I listened to his comments outside years the mental health services have not it, and he is to be complimented on leading the received a proportionate amount of the billions campaign on this issue. Far too many families are of euro we have invested in the health services. affected by suicide. The services must be expanded rapidly and Mr. Perry: I thank Deputy McGuinness for must include funding, not just for community care allowing me to contribute. Considering the fig- beyond the psychiatric hospitals but also in bring- ures for suicide, self-harm and non-fatal suicidal ing in expertise from outside the country and behaviour over the last ten years, it is clear this making it available to those who need it. Families is an increasing problem among young people. In with relatives suffering from depression and 2003, 440 cases of suicide and 11,000 cases of threatening suicide must be able to find the type deliberate self-harm were referred to accident of care needed for that family member. Such care and emergency departments through the national must be made available because those families parasuicide register. We also know that those at 1211 Suicide Prevention: 2 June 2005. Statements 1212

[Mr. Perry.] cal party, and it concerns all societies, not just high risk of suicide are young men between the in Ireland. ages of 20 and 34, for whom suicide is now the I concur with all other speakers on the involve- first cause of mortality. Among those who harm ment of Deputy Neville in this issue. I thank him themselves the majority are young men, although for his contribution again today. He is right in this behaviour is increasing among young women. saying that unemployment is one of the biggest There is still too much speculation about the factors in suicide and recent reports agree with causes and risk factors as to why suicide and that. I disagree with Senator Neville that only deliberate self-harm has increased in Ireland in eight of the 86 recommendations—— recent years. Most people who are depressed do not die of suicide and do not harm themselves so Mr. Neville: It should be Deputy Neville, not one of the priorities should be to find out more Senator. about the specific cause and risk factors that are associated with suicide and deliberate self-harm. Mr. T. O’Malley: The Deputy should bear with We do not even know if young people who harm me, I did not interrupt anyone over the last two themselves are the same people who die by hours. Many of the recommendations are suicide years later. We can only speculate about ongoing. There are several recommendations on this because evidence is lacking. training doctors. That will take years to do. I have As Deputies will be aware from recent media strong views on the education of doctors and their coverage many initiatives are being developed to participation in the mental health area. I have address the problem of suicidal behaviour. This is said that training of doctors in the psychiatric a reflection of the increased commitment of area has been taken over by the pharmaceutical people all over Ireland to work towards preven- industry. I have asked many people to look into tion. Most of the initiatives are ad hoc and there that. is a clear lack of co-ordination at national level. I agree with Deputy Neville’s comments on This is not helpful in the long term. Long-term alcohol, which is a wider issue and a major prob- planning and investment in research and preven- lem in our society. The mental health tribunals tion of suicidal behaviour is needed. We need to have not yet gone ahead and this is not due to support ongoing long-term efforts in research and a lack of resources, but because of an industrial prevention such as work by the National Suicide dispute between psychiatrists and the HSE. I Research Foundation and the national strategy attended a meeting yesterday and another meet- for action on suicide prevention, which will be ing took place today. I appeal to the psychiatrists launched this year. to engage with the tribunals as soon as possible. I believe progress is taking place and I hope the I wish to give credit to a new organisation, psychiatrists will come on board. We need them Suicide, Teach, Observe and Prevent, STOP. It on the tribunals as we are dealing with the most was set up by two families from Dromahaire, vulnerable people who have been involuntarily County Leitrim. Both of these had sons who com- detained in psychiatric institutions. mitted suicide last year. In an attempt to under- I agree with the speakers’ points on inequality stand more about what happened to their sons and unfairness in our society. As several speakers they conducted research and discovered frighten- have said, our media focus on success and as ing statistics in the north west. A figure of 450 Deputy Higgins said in the previous debate we people, mostly young males, committed suicide have an unfair society and do not pay enough and over 10,000 attempted to do so. STOP aims attention to the vulnerable and the to educate mental health professionals and to disadvantaged groups. turn a spotlight on the epidemic of suicide that Deputy Carey is correct in his comment that exists in the north west. we should not tackle suicide in isolation. It is a much bigger problem, and I await the expert Minister of State at the Department of Health group that will report later this year. They will and Children (Mr. T. O’Malley): I thank Deputies specifically speak about suicide, but they will who contributed to the debate. I would welcome speak about the whole area of mental health, a debate at any time and obviously we have not which is a challenge for all of us. I applaud had enough time this afternoon. Several other Deputy Gay Mitchell’s contribution about the speakers wished to contribute. value of the respective contributions of the var- In my initial remarks I welcomed the Pres- ious churches to our society. That is something ident’s intervention in calling a forum and the upon which we can all ponder. points made by Dr. Bates on the “Marian I agree with Deputy Stanton’s comments about Finucane” programme recently. I hope the other training. I have been listening. speakers were not insinuating the President acted because of a lack of leadership on my part. I dis- Mr. Neville: Not enough. cussed this matter with the President and I wel- come any contribution from anybody to solve the Mr. T. O’Malley: I agree that over the years, problem. Deputy Gay Mitchell correctly pointed there has been little leadership in the area of out that the problem of suicide goes right across mental health. I am giving that leadership. While society. It is not a matter for one particular politi- there are no instant fixes, I want to do it in collab- 1213 Priority 2 June 2005. Questions 1214 oration with many people, especially voluntary gives my Department a sound basis to carry for- groups. We must work with them in driving for- ward the long-term planning which is so ward the positive mental health message. important for development work. As the economy has progressed, those who Ireland has successfully focused its aid prog- have not succeeded, in society’s view, have been ramme on the needs of the poorest people in the left behind and not enough attention was paid to poorest countries. Ireland is one of only six coun- their contribution. Many who opt out and fail in tries to have surpassed the target, endorsed by the points system are some of the most creative the UN, of contributing at least 0.15% of gross people in society. Unfortunately, society, includ- national product in overseas development assist- ing the media, regards them as failures. Much ance to the world’s least developed countries. The work remains to be done in the area of mental Government remains strongly committed to health. achieving the UN target for expenditure on I thank all contributors to this debate which ODA. The issue of how best to meet the target was very worthwhile. I will return to the House at and in what timeframe is under ongoing review. any time in the future to discuss this matter again. Under the Government’s decentralisation programme, announced in December 2003, the Message from Select Committee. development co-operation directorate of the Department of Foreign Affairs, currently based Acting Chairman (Mr. Carey): The Select in Dublin, is scheduled to be decentralised to Committee on Enterprise and Small Business has Limerick. This will involve the relocation to concluded its consideration of the Investment Limerick of 123 posts and is scheduled to take Funds, Companies and Miscellaneous Provisions place during the first quarter of 2007. Details of Bill 2005 [Seanad], and has made amendments applications received for the posts in question, thereto. excluding applications from civil servants already serving in Limerick, are set out in the table Ceisteanna — Questions. accompanying this reply.

Priority Questions. Additional information not given on the floor of the House. ———— The Department is working closely with the Office of Public Works to identify suitable Overseas Development Aid. accommodation for the directorate in Limerick and it is hoped to select a premises in the near 1. Mr. Allen asked the Minister for Foreign future. Pending this, it is not possible to estimate Affairs when Ireland will meet the UN target for savings or additional costs. overseas development aid; the timescale for the The various issues arising from the Govern- decentralisation of Development Cooperation ment decision, both for the Department in gen- Ireland; and if he will make a statement on the eral and for the development co-operation direc- matter. [18794/05] torate, in particular, are considered in the Minister of State at the Department of Foreign Department’s decentralisation implementation Affairs (Mr. C. Lenihan): The allocation for 2005 plan. Risk analysis carried out by the directorate provides for an increase of \70 million in Govern- in this context has identified the following as the ment spending on official development assistance main risk factors, and for which appropriate risk this year. This will bring total Government aid mitigation strategies are being implemented: fin- to the developing world to approximately \545 ancial, including accountability and control; million in 2005. This is the highest allocation in human resources, including loss of expertise and the 30-year history of our overseas aid prog- institutional memory; communications between ramme. In addition, the Government has agreed the directorate and internal and external stake- to provide further increases of \65 million in each holders; and associated operational and repu- of the years 2006 and 2007. These substantial tational risks. The implementation plan, which increases mean that over the three years from has been published on the Department’s website 2005 to 2007, \1.8 billion will be spent by Ireland www.dfa.ie, was recently revised to take account on development assistance. As a result, Ireland of the decision to include the directorate among will maintain its position as one of the world’s the early movers. leading aid donors on a per capita basis. In I am making available the following table addition, this three-year multi-annual commit- detailing applications via the central applications ment, incorporating substantial annual increases, facility for DCD posts in Limerick. 1215 Priority 2 June 2005. Questions 1216 2004 specify that the posts are being applicants will in the near future be % Directorate September 2004 7 September Applications via the Central Applications Facility (CAF) for DCD posts in Limerick. CAF within the posts Department CAF by 7 the CAF since advertised on the applications from a percentage of total elsewhere in the received via the received via to date , applications from public service employees whose grade equivalency remains to be clarified. inter alia Specialist Grades Number of posts Number of DCD applications as Applications from Applications Applications Total received relocated to Limerick. Figure for applications from within DCD includes development specialists employed since the announcement of decentralisation and whose contracts The table excludes, given an opportunity to amend their first preferences. It should be noted that the above table only includes details of first preference applications. Now that details of the early movers are available, all Officer Administrative Officer Principal Development SpecialistSenior Development SpecialistDevelopment SpecialistFinancial ControllerNon-Specialist Grades Counsellor /Principal OfficerFirst 3 Secretary /Assistant Principal 12Higher Executive Officer /Third SecretaryExecutive Officer 9Staff Officer 19 0Clerical 7 Officer 1Services 2 OfficerTotals 14Note 1: 9 (Note 1) 3 0 0 0 17 4 16 100 1 33 2 16 3 0 0 0 2 3 0 0 123 7 1 0 0 0 0 0 0 50 0 19 21 0 1 3 0 12 0 0 4 0 0 0 2 3 17 25 6 4 0 1 2 2 1 0 9 23 0 12 1 21 19 6 3 0 0 8 0 28 86 3 0 0 37 4 20 27 4 1 139 Note 2: Note 3: 1217 Priority 2 June 2005. Questions 1218

by Deputy Allen is, in fact, the interim target Mr. Allen: I would like to see the table, but date. The 15 old EU member states — as distinct that is another story. Is the Minister of State not from the ten new ones which have a different tar- embarrassed by his recent statement welcoming get figure and timeframe — are required to reach the European Union’s commitment to attaining an interim target of 0.51% of GNI by 2010, lead- the 0.7% GNP target by 2010? Will he give me a ing to full achievement. straight answer to a straight question? Will that target of 0.7% of GNP, which was reneged on by Mr. Allen: It is worse than I thought. the Taoiseach after he gave that commitment at the United Nations in 2000, be reached by 2008, Mr. C. Lenihan: It is not worse than the Deputy 2010, 2012 or 2015? Can the Minister of State tell thought. Ireland is among a small number of me on what date this target will be reached? Is those 15 countries which are either on that figure he embarrassed by the fact that he welcomed the or well on the way to achieving it. Our overseas EU’s lead, while some months ago both he and development aid programme has tripled in size the Taoiseach claimed they were taking the lead since we got into Government in 1997. Ireland is on overseas aid? the ninth largest donor in the world, with 50% of As regards the decentralisation of the develop- that expenditure going to the poorest countries ment co-operation directorate, does the Minister on Earth. That is a great achievement for which agree that none of the ten management staff is Ireland has been positively evaluated inter- among those who have offered to go to Limerick? nationally. There were two non-governmental The move to Limerick will decimate the DCD assessments of our overseas development aid unit which has strong expertise in dealing with programme in the last week or two. One such Third World countries and non-governmental assessment ranked us second in the world, while organisations. The work of the DCD will be sev- the other ranked us first in terms of practice and erely hampered by the attempts to force its staff roll-out of the programme. out of Dublin where much of the work is being I want to answer some of the questions the done. Deputy raised cornering the decentralisation of the development co-operation directorate to Mr. C. Lenihan: I thank the Deputy for his Limerick, because they contained some numeri- comments but there are a number of inaccuracies cal inaccuracies. in the questions he posed. At a recent meeting in Brussels of the 25 EU Ministers with responsi- Acting Chairman: We are running out of time bility for overseas development, I was proud and for this question. delighted that the EU committed itself, en bloc, to a target date of achieving the millennium Mr. C. Lenihan: I wish to clarify the picture development goal figure of 0.7% of GNP, or GNI and be totally open with the House in terms of as it is now called—— the figures involved.

Mr. Allen: By when? Mr. Allen: I am quoting union sources — IMPACT. Mr. C. Lenihan: ——before 2015. That is in line with the UN commitment and requirement pos- Acting Chairman: May I remind both Deputies ited by—— that there are other questions which are equally important? Mr. Allen: What about the Minister of State’s promise? Mr. C. Lenihan: I am not doing any disservice to that union but I think the situation is clear. Mr. C. Lenihan: It is important to understand There are 123 staff to be moved to Limerick. the basis of the decision made in Brussels and Some 114 people have applied in the first round why it is so welcome. to be part of that move. Therefore, we have received 114 applications to go to Limerick. Some Mr. Allen: The Minister of State claimed there 35 of those are from within the Department of were inaccuracies in my questions, but what inac- Foreign Affairs and 19 of those 35 are from the curacies? development co-operation division that I supervise. Acting Chairman: Please allow the Minister of The Deputy may be confused about the State to continue without interruption. specialists. We have 23 development specialists based in the development co-operation division’s Mr. C. Lenihan: Europe has taken the lead. In headquarters here in Dublin. Some 11 of those 23 addition, within the European Council of have volunteered to go to Limerick. I understand Development Ministers and the Council of For- the Deputy’s motivation in raising this issue. It is eign Ministers, Ireland has taken a major lead in a matter of concern that this move to Limerick this regard. Along with many other small donor should not disrupt or put in jeopardy our well countries, Ireland prompted the move to have a developed overseas development assistance prog- clear European target. The 2010 date referred to ramme. I am glad to inform the House that the 1219 Priority 2 June 2005. Questions 1220

[Mr. C. Lenihan.] ies, we believe the constitution would bring about current director general, who was previously our a number of significant improvements. It consoli- ambassador in Vienna, was brought back just dates and clarifies the mass of existing treaties. It prior to my taking office last September. He was sets out the EU values, objectives and principles brought back deliberately so that we could have in a clear, balanced and durable way. It would a smooth transition to Limerick. That man, the help the enlarged EU to operate more effectively, most senior official in the Department, has volun- both internally and externally, enhance the fun- teered to go to Limerick. That is one of the damental rights of European citizens and help reasons he was brought back. In the past week make the union more open and democratic, with we have had two additional, extra counsellor- greater roles both for national parliaments and rank people coming into the section to boost and the European Parliament. We continue strongly assist in the transition. to support the European constitution because it is in Ireland’s interests and in Europe’s interests. Mr. Allen: I wish the Minister of State would We continue also to prepare for ratification by give shorter answers, so that we could ask sup- the target date of November 2006. As the House plementary questions. This is almost like a is aware, last week the Government published the filibuster. 28th Amendment of the Constitution Bill. Publi- cation of the Bill allows for the establishment of European Constitution. the referendum commission through an order made by the Minister for the Environment and 2. Mr. M. Higgins asked the Minister for For- Local Government. The Government has also eign Affairs his response to the outcome of the prepared a White Paper to help inform the referenda on the European constitution in France public, which will be ready for publication and the Netherlands; and if he will make a state- shortly. ment on the matter. [18782/05] 4. Mr. Allen asked the Minister for Foreign Mr. M. Higgins: Does the Minister of State Affairs the position regarding the ratification of regard that the neo-liberal agenda being pushed the EU constitution; and if he will make a state- to its extreme, for example regarding the working ment on the matter. [18863/05] day, the working week and the Aubert principles was an issue in the French referendum, in other Minister of State at the Department of Foreign words that the emphasis was on the competition Affairs (Mr. Treacy): I propose to answer Ques- side rather than the cohesion side, as it was in tions Nos. 2 and 4 together. Lisbon? The Government very much regrets the out- The Minister of State referred to his “regrets”. come of the referenda in France and the Nether- Does he think it was a mistake to call a document lands on the European constitution. However, we a constitution when it was primarily a co-ordinat- fully respect the democratic right of the people of ing treaty? In retrospect, that might have been a each country to make their own decision, as we mistake in so far as it does not meet the conven- respect the decisions of those other member tional definitions of a constitution. It is a set of states that have already ratified the constitution. co-ordinating mechanisms for the existing treat- The European constitution can only enter into ies. On reflection, would it have been wiser to call force if and when all 25 member states have rati- it a co-ordinating treaty incorporating the Euro- fied it. The situation is complex and it is pean Convention on Human Rights? important that the EU should move forward in a Has the Minister of State considered the differ- considered and united way. We hope the dis- ences in opinion between the French and Dutch cussion at the European Council on 16-17 June rejections? I have suggested that the neo-liberal will be significant in helping to chart the way agenda is important in considering the French forward. case, while the Dutch commentary on the “no” In the run up to the European Council, con- vote suggests the primary reason for rejection tacts with partners at all levels will continue. The may have been the failure of the European Union Taoiseach is today meeting Chancellor Schroeder to establish a bond with its citizens. and Prime Minister Juncker, and the Minister for Is the Minister of State convinced there will be Foreign Affairs held informal discussions with a referendum in Britain, and will it influence the colleagues in Luxembourg earlier this week. The Government’s thinking? Government remains committed to the European constitution and to its ratification by Ireland. The Mr. Treacy: To answer the last question first, it constitution is the product of an unprecedentedly is a matter for each member state to decide how open and lengthy debate at the European Con- it may ratify the EU constitution. I cannot guess vention, followed by a full Intergovernmental what the United Kingdom will do. conference. The text that emerged represents a carefully balanced compromise among all 25 Mr. M. Higgins: I think I can. member states, and meets all of Ireland’s concerns. Mr. Treacy: The United Kingdom will take up While the European Union can and will con- the EU presidency on 1 July and will clearly play tinue to operate on the basis of the current treat- a major part at the European Council meeting on 1221 Priority 2 June 2005. Questions 1222

16 and 17 June. We await the suggestions it will not follow public opinion but should try to lead bring to the table regarding how we can move it, and convince the people that the European ahead. Ireland will take its own decision as a sov- Union and constitution mean peace, wealth and ereign nation with its own Government and this development for Ireland, and that many other Parliament. We will take our own decision in due issues, which have nothing at all to do with the course, based on what we believe is best for the constitution, should be put aside. country in the future. It is not for me to interpret the reasons for the Mr. Treacy: I agree with some of the senti- rejection of the constitution in France or the ments expressed by Deputy Allen. I thank him Netherlands, though we greatly regret the out- and his party, as I do Deputy Michael Higgins come. I have been following the media reportage and his party for the powerful and solid support of the situation and clearly, a complex conclusion and endorsement they have given for the EU con- has been arrived at. People voted against the con- stitution over the past 12 months. stitution for various reasons. Some had genuine I do not know where Deputy Allen got the idea reasons for voting against it because of their per- that a decision had been made. Nobody said the sonal opinions. Others voted against it because of decision was made. We have not made a decision. local domestic issues. The neo-liberal agenda, as We have until November 2006 to make that perceived by some, was certainly one of the decision. reasons some people voted against it. In hindsight, it is hard to say whether the EU Mr. Allen: The decision to hold a referendum constitution should have been called a consoli- has been made. dated treaty or otherwise. We are in the process of consolidating treaties. Some 95% of what is Mr. Treacy: No decision has been made. We written into the constitution has already been have given clear answers. Since I took up my post ratified. The remainder, 5% of it, is new. In hind- on 30 September of last year, it was clear that a sight, we probably needed much more time to decision on a referendum would be made during communicate with the citizens of Europe and all the year ahead. the member states. That message is loud and clear. There is a serious difficulty in communi- Mr. Allen: A decision on the date is what the cating full information on the European initiative Minister of State said. The Government has pub- and mechanism to all the citizens on a consistent, lished legislation for the referendum. regular basis. On the other hand, the communi- cation is such that citizens are not seeking infor- Mr. Treacy: We made a clear decision that we mation unless it is made available to them. would proceed and it was on that basis that we Europe must grapple with this issue. We must published the legislation. However, we never said strengthen the “Communicating Europe” initiat- when that referendum would be held — we have ive and make much more information readily not made that decision. I do not want anybody available. From all the research available, it is to be under the misapprehension that we made a obvious that the more information is given to the decision on a date as we have not done so. citizens of our countries and Europe together, the more interest they have, the more positive they Mr. Allen: I said the Government has made a are and the more committed to embracing decision on a referendum. change. In hindsight, asking the citizens of Europe to enlarge the union by ten countries just Mr. Treacy: Allow me to answer the questions. one year ago, and then to bring in a new EU con- We have made no decision on a date. We have stitution just 12 months later, was perhaps asking published the Twenty-eighth Amendment of the a great deal. We now need a period of calm Constitution Bill and are working on a White reflection and to see what will be the outcome of Paper which will be brought forward as soon as the European Council meeting on 16 and 17 June. it is available. There is no shortage of leadership We can then work together in the interests of the from either the Taoiseach or the Government. common good of Ireland and Europe together. Mr. M. Higgins: Is that a referendum or not? Mr. Allen: I am concerned to hear the Minister of State saying that Ireland will make its own Mr. Allen: Will there be a referendum? decision. I thought that Ireland had made its decision and that a referendum on the consti- Acting Chairman: Allow the Minister of State tution was to be held. Does the Minister of State to continue. agree that it would be totally wrong that our atti- tude to the constitution should be dictated by the Mr. Treacy: There is a serious situation in opinions of the French and Dutch people? Will Europe and I am confident that the leadership the Minister of State give us a guarantee or assur- the Taoiseach gave during his period as President ance that a referendum will be held to give the of the European Union and the leadership the people of Ireland the chance to say “yes” or “no” Government gave while we held the Presidency to the constitution? Will the Government give will be carried through into the European leadership on this matter? The Taoiseach should Council meeting on 16 and 17 June. After that we 1223 Priority 2 June 2005. Questions 1224

[Mr. Treacy.] Minister of State at the Department of Foreign can go forward in the knowledge that we are all Affairs (Mr. Treacy): Ireland’s traditional policy committed to achieving what is in the best of military neutrality, as followed by successive interest of Ireland, namely, ratification of the Governments, is fully respected and protected. European constitution as quickly as possible. The central and defining characteristics of policy in this area are our non-participation in military Mr. Allen: So will we have a referendum? alliances and our commitment to the United Nations as the guarantor of international peace Mr. M. Higgins: I suggest that nobody ques- and security. Ireland’s approach, embodied by tions for a second that the decision on what hap- this non-membership of military alliances, such as pens in Ireland will be taken by the Government. NATO or the WEU, continues to remain viable What is unclear, however, is the matter of the ref- in the current security environment where the erendum. I thought the Taoiseach and the Mini- emerging defence and security challenges have ster for Foreign Affairs said there would be a ref- moved away from traditional defence towards erendum in Ireland and that they made that crisis management and dealing with threats from statement after the Dutch and French decisions. international terrorism. Will the Minister of State clarify that? I suggest Successive Governments have made a political it would be too much to express unanimity after commitment not to join a military alliance with- the forthcoming Council meeting as some govern- out consulting the people first. This commitment ments will want to hold a referendum, others will was given concrete form in October 2002 when, be less enthusiastic and some will be against it. at the same time as giving their approval for the Treaty of Nice, the Irish people backed a Govern- Mr. Allen: I heard the Minister of State say ment proposal to amend the Constitution so as to clearly that no decision was made about the refer- make it impossible for Ireland to take part in an endum. I want him to give me a “yes” or “no” EU defence without obtaining public approval in answer as to whether there will be a referendum a further referendum. This constitutional ban on in Ireland or whether the people will have an Ireland’s participation in a common defence is opportunity, after a period of reflection on the carried over in the amendment published by the results of the French and Dutch referenda, to Government last week on ratification of the have their say. Will the Taoiseach lead on this European constitution. issue rather than be led? The provisions of the European constitution in the security and defence area are fully consistent Mr. Treacy: The Deputy may be assured we with Ireland’s traditional policy of military neu- will lead on this issue, that we want the European trality. We will not assume any binding mutual constitution ratified, that the Taoiseach will make defence commitment. Where the European con- his position clear at the European Council meet- stitution provides for mutual assistance, Ireland ing on 16 and 17 June and that we will proceed will determine its own response in conformity with the Twenty-eighth Amendment of the Con- with our traditional approach of military stitution Bill which we published last week. If we neutrality. were not committed to it, would we have pub- The Government also takes the view that lished it? There is no doubt about it. military neutrality on its own is not enough to maintain conditions of peace and security inter- Mr. Allen: I did not ask about the legislation, I nationally and that it is also desirable to play an asked about a referendum. active and constructive role internationally. Through the United Nations, and now through Mr. Treacy: We published the legislation to regional organisations such as the European enable us to have a referendum. One does not Union, Ireland has sought to play a proactive role publish legislation unless one is committed to in preventing and managing conflicts and main- achieving a conclusion. That is the purpose of the taining peace throughout the world. legislation. We look forward to the Deputy’s sup- The Government will continue to uphold port and that of all our colleagues in the House Ireland’s traditional policy of military neutrality. in ensuring that we achieve the required goal on Ireland will not join a military alliance, but will behalf of the people. remain fully and actively engaged in the pursuit of international peace and security, both through Mr. F. McGrath: The Government will not the United Nations and the European Union. have my support. Mr. F. McGrath: With regard to militarisation, Common Foreign and Security Policy. is the Minister of State aware that the majority of our citizens are totally opposed to the idea of a 3. Mr. F. McGrath asked the Minister for For- European superstate that could become more eign Affairs if Ireland will pursue a neutrality and centralised and more militarised? What is the independent foreign policy position and not join Minister of State’s response to the recent remarks or form an association with any military alliance of EU Ambassador to the United States, John such as WEU and NATO; and if he will make a Bruton, that the EU constitution would help the statement on the matter. [18781/05] European Union become a more effective part- 1225 Priority 2 June 2005. Questions 1226 ner of the United States? What did Mr. Bruton Mr. F. McGrath: This is a typical example of mean by this? Does the Minister of State agree the attitude to people like me who question the that Ireland should pursue its security concerns remit of the United Nations. There is no question within the OSCE and the reformed United of us wanting to stand idly by. We want to use Nations rather than through the European Union our resources, through the United Nations, and as he stated? have radical reforms and priorities. That is the Should Ireland seek to promote European and issue. We respect the United Nations and many international security through a policy of dis- of our people have given their lives to it. That is armament and demilitarisation and therefore not sitting on the fence. One of the reasons the oppose the militarisation of the European people do not trust the Government is that they Union? I urge the Minister of State to refuse to think it is joining a military alliance or moving co-operate with or condone policies or military towards militarisation by stealth. The Govern- groupings that maintain nuclear weapons. Does ment is not facing up to that. he not see a contradiction in complaining regu- larly in this House about Sellafield and how Mr. Treacy: As I said in response to Question dangerous it is for Ireland while at the same time No. 2, Ireland’s position has been absolutely clear since the Government clarified this country’s getting closer to nuclear powers in the European position on neutrality during the campaign that Union? Does he agree that many citizens feel we preceded the second referendum on the Nice are moving in that direction and that the Govern- treaty. Ireland cannot become involved in any ment is basically joining this group by stealth? military activity without meeting the terms of the The debate on the European constitution could triple lock system — a request for such partici- fall or stand on this issue. The people want to pay pation has to be received from the UN, a decision a part in the United Nations, but not in any other has to be made by the sovereign Government of alliances. Will the Minister of State accept that the people of Ireland and that decision has to be there is widespread concern among many of our ratified by the Parliament of the Republic of citizens on this issue? Ireland. That position, which is in the proposed EU constitution, is internationally respected. Mr. Treacy: There is no reason for this wide- There is no threat to Ireland’s position. spread concern as there is no proposal to have a military superstate in the European Union. With Question No. 4 answered with Question regard to the nuclear situation, we are no closer No. 2. to any nuclear power in Europe today than we were in 1972 when our people ratified our mem- Overseas Development Aid. bership of the European Union, which included 5. Mr. M. Higgins asked the Minister for For- the EURATOM Treaty. That treaty has not been eign Affairs the reason a reference is not included amended since. It is part of the European consti- in the information pack and quick guide to the tution, it has been in existence since the 1950s work of Development Co-operation Ireland and still stands without change. (details supplied); and if he will make a statement It is alarming to talk about a military super- on the matter. [18783/05] power. The Deputy referred to what ambassador John Bruton said about the European consti- Mr. C. Lenihan: The Government remains tution. It is not for me to interpret what he said strongly committed to achieving the UN target of but the basic meaning is that once the European 0.7% of GNP for expenditure on official develop- Union has ratified its constitution, it will be in a ment assistance. The issues of how best to meet better position to make a contribution to conflict the target and in what timeframe is under ongoing review. Ireland and the other EU resolution, reducing poverty and assisting crisis member states agreed last week to reach an management in various parts of the world, interim target of 0.51% by 2010 and to reach the whether in cross-border situations vis-a`-vis drugs, 0.7% target by 2015. I have stated publicly that I trafficking in humans or whatever. It will balance hope Ireland will be ahead of the terms of the the contribution of the United States and ensure new EU commitment, by reaching the UN target that it is not a lone power making a contribution of 0.7% before 2015. in this field. The recently produced information pack on As a result of the new constitution which will Development Co-operation Ireland was designed be ratified in due course, the European Union to give an overview of the work of Ireland’s will be in a better position to make a more pro- official development programme. The pack, fessional, focused and quicker contribution to which shows how the money of Irish taxpayers is conflict resolution and the resolution of other being spent in some of the world’s poorest coun- tragedies that have bedevilled mankind for cen- tries, is a general information guide that intro- turies. In the past, people stood idly by and were duces people to the work of Development Co- not able to do anything, even within Europe. We operation Ireland. It has been circulated at a have a moral and political responsibility to ensure number of recent public meetings, which were we do not stand idly by in the future and allow convened in various parts of the country as part innocent people be the victims of such situations. of the preparation of the White Paper on 1227 Priority 2 June 2005. Questions 1228

[Mr. C. Lenihan.] Finance and others. The discussions, which relate development co-operation policy. I intend to to the determining of a new realistic and achiev- ensure that the pack is updated at regular inter- able timeframe within which the 0.7% target can vals as part of the Government’s ongoing efforts be met, should be finished within the next month. to keep the public informed about what it is doing As I said in response to questions from other in this important area. Deputies, I hope Ireland can achieve the 0.7% It has been clear at the seven public meetings target before 2015, which is the EU’s deadline for which have been held throughout the country the achievement of the target. that there is a strong public appetite for more The 0.15% target was mentioned in the infor- information about the work of Development Co- mation pack because it is very interesting. While operation Ireland. The information pack and a one often hears people talking about the 0.7% variety of other public information initiatives are target, one rarely encounters a reference to the designed to bridge the knowledge gap and 0.15% target. Those who are knowledgeable increase understanding about the Government’s about development matters believe that the development assistance work. When decisions 0.15% target is much more important in substan- have been taken about how best to meet the tar- tive terms. That Ireland has achieved the 0.15% get and in what timeframe, such matters will be target proves that its aid programme is very effec- reflected in subsequent editions of the infor- tive. Ireland received a great deal of praise in a mation pack. peer group review that was conducted by the OECD in 2003. Mr. M. Higgins: I would like to elaborate Ireland’s aid programme is well regarded inter- explicitly on my initial question. The information nationally because half of its expenditure in the pack produced as an introduction to the work of developing world is spent on the least developed Development Co-operation Ireland is attractive countries on earth, which are found in sub- and colourful. Neither the substantial pack nor Saharan Africa. Some non-governmental agen- the handy guide that accompanies it contains a cies consider Ireland’s overseas aid programme to reference to a target of allocating 0.7% of GNP be the best in the world. The 0.15% target was or GNI by any given year. The pack refers to the mentioned in the information booklet because UN target of 0.15% of aid being allocated to the Ireland is one of just six countries to have poorest nations of the world, however. Ireland exceeded it. It is quite an important figure has achieved that target by giving most of its aid because it is an indicator of success in poverty to sub-Saharan Africa. I accept that the poorest reduction, which has been at the centre of Deputy nations in that region deserve our attention. Michael Higgins’s political thinking throughout I will repeat the explicit question I originally his career. I am rather bemused and quizzical asked. Why has the Department of Foreign because the Deputy has questioned the validity Affairs produced an information pack about the of the reference to the 0.15% target. As a lifelong work of Development Co-operation Ireland with- socialist, the Deputy has dedicated himself to the out referring to the most solemn commitment on cause of reducing poverty, domestically and inter- overseas development aid that has ever been nationally. offered to the international community? The commitment was given by the Taoiseach at the Mr. M. Higgins: I do not query the reference UN in September 2000 and was repeated in the in the information pack to the achievement of the manifestos of each of the Government parties at 0.15% target. It is extraordinary, however, that the last general election. The Taoiseach told me the booklet does not contain a simple sentence last week that the social partners have signed up saying that the Government will announce to the commitment. Why was it not mentioned in shortly the year in which it proposes to achieve the information pack? Why has an attempt been the UN target of 0.7%. made in the pack to draw attention to the 0.15% I am afraid that the international concentration commitment? It seems to be a type of subterfuge. on the poorest countries in the world, which are in sub-Saharan Africa, is not working in the man- Mr. C. Lenihan: I welcome the Deputy’s ques- ner suggested by the Minister of State. Some 227 tion. There is no element of subterfuge in the million people in the region were living on $1 information pack. I indicated in an up-front and each per day in 1990, but that had increased to honest manner, within a month of being 313 million people by 2001. The average income appointed as Minister of State with responsibility of a person in the 33 countries of sub-Saharan for overseas development, that the Government Africa is $270 per year, or 71 cent per day. could not achieve its target of spending 0.7% of Ireland could have made a great impact on the GDP on overseas development aid by 2007. lives of such people by spending all the money needed to achieve the 0.7% target in sub-Saharan Mr. M. Higgins: Yes. Africa. We could have spent such money on the HIV-AIDS world millennium development goal Mr. C. Lenihan: I did not consider it necessary project, for example. to mention the target in the information booklet It has been suggested at some of the meetings because I am involved in the final stages of a throughout the country that Ireland might not complex set of discussions with the Minister for have been able to spend 0.7% of GNP if the 1229 Other 2 June 2005. Questions 1230

Government had achieved that target. That target for overseas development aid; and if he will suggestion does not contain an ounce of sense, make a statement on the matter. [18614/05] however. If one is producing a booklet outlining 33. Ms Burton asked the Minister for Foreign the work of Development Co-operation Ireland Affairs if he will elaborate on the public state- in the knowledge that the 0.7% target will not be ment he issued on 11 March 2005 in response to met by 2007, one should have the honour to state comments made by Mr. Bob Geldolf on the in the booklet that the matter is under discussion Development Aid report; the provision he has and the new target year will be announced made for the allocation of moneys in forthcoming shortly. years to allow Ireland to meet its commitments in regard to overseas development aid; and if he will Mr. C. Lenihan: I appreciate the Deputy’s clari- make a statement on the matter. [13369/05] fication. That Ireland’s target date for the achievement of the 0.7% goal is under discussion 78. Ms O’Sullivan asked the Minister for For- has been mentioned at every meeting that has eign Affairs if he will set a new, short, achievable been held as part of the White Paper consultation timetable for the target of 0.7% of gross national process. The re-evaluation of the 0.7% target was product for overseas development aid in time for not mentioned in the information booklet, but it the UN General Assembly in New York in will be mentioned in the next booklet, which will September 2005 when the UN millennium be produced in January 2006. A new strategy for development goals will be re-examined; and if he the achievement of the 0.7% target, including a will make a statement on the matter. [18496/05] new timeframe, will be in place by then. I will be Mr. C. Lenihan: I propose to take Questions delighted to give Deputy Michael D, Higgins a Nos. 6, 33 and 78 together. copy of the next booklet when it has been com- I refer the Deputies to my answer to Question pleted. It is important to reflect on the Deputy’s No. 1. comments about the decline in the allocation of overseas aid to sub-Saharan Africa by other Mr. Allen: The Minister of State said earlier countries over the past ten or 20 years. that his Department was in discussions with the Department of Finance regarding future aid. He Mr. M. Higgins: Yes. indicated that he will be announcing the new tar- get before the end of the year. I am sure he will Mr. C. Lenihan: It is fantastic for me, as Mini- publish a nice glossy brochure again next year. ster of State with responsibility for overseas Will he agree that the cynics among us would say development, to remind the House that Ireland the announcement of a new target before the has bucked that trend. The Irish aid programme United Nations summit meeting will be seen as has been going in the opposite direction. providing a figleaf to the Taoiseach when he returns to the scene of his crime in New York Mr. M. Higgins: I accept that. where he made the original commitment to 0.7% ? Will the Minister of State assure me that any Mr. C. Lenihan: It has increased threefold since new target will be adhered to? 1997. Ireland has led the way in development assistance, in many ways, over recent years. There Mr. C. Lenihan: If the Deputy followed my has been a decline in the level of EU funding to progress since I took up office, he will see that I sub-Saharan Africa, the poorest part of the world, have been very clear on this matter. We must set in the past 20 years. The exact opposite has been a realistic and achievable timeframe on this the case in respect of the Irish programme, which occasion. We must plan properly how to achieve is something we can take pride in on a cross-party this target and an achievable timeframe must be basis. Ministers of State from the Labour Party, set. I agree with the Deputy that it would be the Progressive Democrats and other parties have dangerous to set an earlier target date that might developed the Irish aid programme, which is the not be achievable. This would have a damaging best development programme in the world, impact on the long-term public support for according to the OECD peer review group. That development assistance. It is important in this his- finding has been supported by independent non- toric year for development generally precisely governmental organisations over the past two because we have this summit in September that weeks. noteworthy people such as musicians like Bono and Bob Geldof are doing very good work trying in an idealistic manner to urge people to increase Other Questions. their contribution. The contribution needs to be increased outside the European Union. ———— It is interesting that the targets set at the meet- ing in Brussels, including the interim target for Overseas Development Aid. 2010, will bring an additional \20 billion into the 6. Mr. P. McGrath asked the Minister for For- development field, which is very important. It eign Affairs if Cabinet approval has been sought means there will be an extra \20 billion to deal to set a new date for the achievement of the UN with the three diseases to which Deputy Higgins 1231 Other 2 June 2005. Questions 1232

[Mr. C. Lenihan.] prepared to match the commitment Ireland and referred, namely, tuberculosis, malaria and other European countries have made. It was set AIDS. Some \20 billion extra will come into the to act as a pressure point on other countries to development aid pool because of the decision come to the mark and make similar commitments taken in Brussels last Monday. I am proud we led to achieve the figure by 2015. Most people in the the way in that regard. We must be careful about development community welcomed the the targets we set. However, we should not forget announcement in Brussels for that reason. To that the Estimates package I achieved in the last borrow a French phrase, Pour encourager les budget was the largest ever in the history of the autres. State. Some \1.8 billion will be spent over the next two years. This represents an increase of Mr. Gormley: The Minister has confirmed that \190 million, \70 million this year, \65 million he intends to reach this target by 2015. next year and \65 million the following year. This is an extraordinary achievement on which I hope Aengus O´ Snodaigh: Will the Minister of State to build. agree that if gross national product is at its high- est level in this country and we remain at 0.3% Mr. M. Higgins: Question No. 33 refers to the or whatever, the amount of money involved will Taoiseach’s remarks in reply to a statement made increase anyway? Therefore, to talk about an by Bob Geldof. Mr. Geldof has continually additional \180 million is playing with figures. stressed the connection between aid, trade and Have any credible development organisations debt. In the case of Zambia, for example, one of agreed that the EU target of 0.7% by 2015 is the requirements of the International Monetary acceptable? What feedback did the Minister of Fund for Zambia was that it would privatise the State receive in terms of the Government Zambian bank, which had many small depositors. reneging on the 2007 commitment during the The Zambian Government said “No” and it had public consultation process? Has the issue been \1 billion removed from its debt relief. None of raised with him? the countries we discussed this afternoon has a life expectancy of 50 years. It is 32.5 years or 33 Mr. C. Lenihan: I thank the Deputy for years in Zambia. Some \1 billion in debt relief attending the public consultation process in the was taken from a country with a life expectancy Helix. He was the only Deputy from the Dublin of 33 years. area to do so, for which I thank him. We are cur- In regard to the points made, it is important rently on the figure of 0.41% of GNP, which is a that we make our commitment to the 0.7% con- higher figure than he perhaps thought. tribution. In case we lose the run of ourselves, the Minister of State referred to the UN millennium Mr. M. Higgins: It is 0.39% really. development goals. They would require aid to increase from \121 billion in 2006 to \189 billion Mr. C. Lenihan: The current figure is 0.41%. in 2015. How will this happen all over the world However, the figures will be subject to revision if we do not meet our 0.7% commitment because when we see the full end of year outturn, but this we have been growing too quickly? The is the figure which is available at the moment. Taoiseach’s position appears to be that we On the question of the 2015 date, the UN said became too rich to meet our commitment. His that developed countries like Ireland should view is that if the economy went into decline, we achieve the 0.7% figure by 2015. The EU has would be able to reach the 0.7% commitment committed to that figure. I hope that commitment more quickly. will be reaffirmed by the Taoiseach and his col- leagues in the European Council in the next Mr. C. Lenihan: The Deputy may be misquot- month or so. ing the Taoiseach’s response to Bob Geldof’s statement on the African commission. He is cor- Mr. Allen: The Minister of State has jumped rect that there is a significant link between trade, eight years. debt and aid. One cannot isolate one to the detri- ment of the others. It is hoped this year not just Mr. C. Lenihan: I hope they will reaffirm the to get the volume of increases required to meet commitment made at the development ministers the extraordinary figure the Deputy mentioned council. This would be a positive signal as we by 2015 but also to make tangible progress push into the remainder of the year which will towards achieving this. We are providing an extra involve the millennium development summit. \20 billion at European level because of the Deputy Michael D. Higgins referred earlier to the decision on the interim target of 0.51% by 2010, important issue of trade matters. The Minister for which is good news. This is why Ireland took such Enterprise, Trade and Employment, Deputy a strong role within the Council of Ministers to Martin, the Minister of State at that Department, have these targets set down for the 15 old Deputy Michael Ahern, and I will travel to Hong member states and the ten new member states Kong in December for the conclusion of the who went for a lower figure. This was done to Doha round negotiations. Our intention is to send a strong signal to other countries outside the make it the development round of the talks. We European Union, but in the OECD, who are not want to ensure a good result from a development 1233 Other 2 June 2005. Questions 1234 point of view so the trade deal is of significant Michael Higgins. It will explain what is being assistance. Developing countries are likely to gain achieved through the programme. It is important seven times more from a trade concession than that this knowledge should be shared with the from an aid concession from developed countries. public. That should also be the focus of our efforts in the months ahead. Undocumented Irish. 7. Ms Lynch asked the Minister for Foreign Mr. F. McGrath: Is the Minister of State satis- Affairs his views on the Kennedy-McCain initiat- fied overseas development aid funding filters ive in the United States to deal with the status of down to the most needy in Third World coun- Irish emigrants to the USA; and if he will make tries? Is the Department generating value for a statement on the matter. [18488/05] money in the projects? Many members of the public are concerned that the money does not 9. Mr. Bruton asked the Minister for Foreign always go to the most needy. With regard to the Affairs the position of the Government with consultative process, what is the general reaction regard to the Kennedy-McCain immigration Bill; of NGOs and others interested in this issue? Has and if he will make a statement on the matter. the issue of the 0.7% target been raised at the [18621/05] public meetings? Are people satisfied with the target date of 2015? Mr. Treacy: I propose to take Questions Nos. 7 and 9 together. Mr. C. Lenihan: I do not wish to misrepresent Since the tragic events of 11 September 2001, the comments of people at the meeting and my immigration has become a highly sensitive and comments will be subjective. However, the dis- divisive issue in the United States. The Bill cussions have been involved. Deputy O´ Snodaigh recently published by Senators Kennedy and attended the public meeting at the Helix and he McCain and their colleagues, represents an may enlighten the Deputy further on it. He may important, timely and positive contribution to be more independent because he is not a Govern- advancing the debate on this sensitive issue and ment Member. The 0.7% issue has been raised it is warmly welcomed by the Government. and it is clear it is passionately held that this tar- Among the provisions in the Bill are proposals get should be met by people interested in that would grant undocumented people an oppor- development aid. Two thirds of the audience at tunity to regularise their status. the meetings has been dominated by NGO rep- As with all legislative proposals in the US, the resentatives and Fair Trade groupings while the Kennedy-McCain initiative must be considered in balance comprises ordinary citizens with a strong detail by Congress. We can anticipate a vigorous interest in this area. The discussions have been debate in the period ahead on this and other pro- interesting for that reason and it has been a posed immigration measures but the clear and genuine listening exercise. constructive proposals put forward by Senators Concerns have been raised about whether the Kennedy and McCain will stimulate a debate, money is reaching its intended target and filtering which we hope will be fruitful and lead to a posi- down to the poorest of the poor. Other issues tive outcome. raised include respect for human rights, respect The Deputies can be assured that the issues of for proper governance and corruption. It is diffi- our undocumented citizens and immigration cult to explain to people that 80% of our assist- reform have the highest priority for the Govern- ance is provided government to government in ment. The Taoiseach and the Minister raised the programme countries. Our programme was been issue of the undocumented, as well as the issue of well evaluated over the years both in value for wider immigration reform, with President Bush money and the efficacy of spending. Thankfully, when they met with him on St. Patrick’s Day and our aid programme has not been the subject of also on Capitol Hill at that time. President Bush corruption involving the funds advanced to coun- re-affirmed his willingness to work with Congress tries. The reason for that is our funding is ring- on immigration reform. Our priority in the period fenced and devoted to sectors such as health and ahead will be to lobby strongly in support of the education and it is tracked appropriately to Kennedy-McCain Bill and to encourage the ensure it is used for the development of these sec- White House to become involved in support of tors. Our programme has produced spectacular the reform process. successes. For instance, in Tanzania, over a three- year period, primary school attendance increased Mr. M. Higgins: When the Taoiseach met Pres- by up to 15%, which is extraordinary. ident Bush, one of the difficulties was he could not state how many undocumented or out of Mr. F. McGrath: What about issues such as status Irish were in the US. As the Taoiseach housing and water? stated, estimates vary. I wish the Kennedy- McCain initiative Bill well. Is the REAL ID prog- Mr. C. Lenihan: Our programme has resulted ramme not a more imminent danger to out of in enormous successes, which I hope to share with status Irish? Irish people will not be able to Members in the next few months in a supplemen- obtain a driver’s licence, which will prevent them tary package similar to that described by Deputy from driving to work. This programme is in place 1235 Other 2 June 2005. Questions 1236

[Mr. M. Higgins.] continue to do so and we hope the proposed in New York. President Bush estimated the legislation will go a long way towards resolving number of illegal Irish in the US at 3,000 while the problems faced by our people in the US. the Taoiseach’s ball park figures ranged between 20,000 and 50,000. If the REAL ID programme Mr. Allen: I pay tribute to the people from the is implemented, it will create deep distress for out Fine Gael and Fianna Fa´il parties who travelled of status Irish. at their own expense. As the House knows, the The reaction of the Minister of State’s col- Joint Committee on Foreign Affairs will travel on league, the Minister for Justice, Equality and Law Monday, 6 June. I also pay tribute to the work Reform to immigrants entering Ireland who are done to encourage production of this legislation. out of status is not encouraging for those who I support fully the provisions of the Bill as pub- would like help to be given to the illegal Irish in lished by Kennedy-McCain. Has the Minister of the US. We would like consistency. The scale of State identified the points of opposition the Bill the problem is much lower in Ireland but the will face due to the influx of people, mainly the Minister for Justice, Equality and Law Reform’s large number of illegal immigrants from Mexico? comments are appalling given that, at the same Has the Government worked to address those time, the Government is appealing to the US for areas of opposition? Can the Minister of State more generosity. offer any advice to the committee members going out next week about what they can do to con- Mr. Treacy: It is not easy to arrive at an exact vince those conservative elements that see any figure because travel options mean people can such Bill as a general amnesty to all illegal come and go from the US to Ireland and else- immigrants? where. The UNHCR has praised Ireland’s immi- gration policies. Mr. Treacy: It was made clear to our represen- tatives at the conference in the United States that Mr. M. Higgins: The Minister for Justice, the word “amnesty” is not one that should be Equality and Law Reform stated he regards the used in this context. There are up to 10 million procedures as a burden. He made a disgraceful undocumented people in the United States, remark about international law; it was scandal- presenting a great difficulty for that country’s ous. He said he would like to deal with cock and Administration. Officials at our consulates and bull stories of immigrants at the airport. No Mini- embassies around the US are maintaining close ster in the civilised world has said anything like contacts with various figures in the US Admin- that in recent times. istration and legislature in respect of all possible avenues towards achieving positive conclusions to Mr. Treacy: It is important that this issue immigration reform. should be approached in a consistent and uniform Increasingly, immigrants in the US originate way, irrespective of whether that is in Ireland or from countries in the Americas and Asia. In these the US. circumstances, it is difficult to see how a proposal The Deputy referred to the legislation known designed to cater for Irish interests alone could as REAL ID, which was signed into law in the gather sufficient consensus in Congress to be US on 11 May. States have three years to intro- accepted. In this context, we must support duce its provisions. Since the tragedy of 11 measures for immigration reform that would September, immigration has been a sensitive benefit undocumented people in general, includ- issue in the US. This Act, which was prompted in ing the Irish. There is much good will and respect part by the report of the 9-11 Commission, estab- for Irish people at every level within the US. We lishes minimum standards for state issued driver will work together to achieve progress and are licences and identity cards so that they can be eli- optimistic that this can be done. gible for use as federal identification. The impact of the new legislation cannot be foreseen but it Aengus O´ Snodaigh: Is the Minister of State could have an impact on undocumented Irish aware of Titles VI and VII of the legislation? people for whom a driving licence is their main Title VI promotes family unity and would reduce form of identity. However, we are hopeful that backlogs. Title VII would provide a mechanism proposals that offer undocumented people a path by which the status of eligible undocumented to legislation such as those brought forward by immigrants in the US on the date of the Bill’s Senators Kennedy and McCain will be adopted. introduction can be adjusted to temporary non- Representatives of all political parties recently immigrant status. Does the Minister of State sup- attended the conference on immigration in the port the Bill and these two provisions in part- US where the attitude of the US was made clear, icular? In light of his earlier answer concerning as were the efforts being made by official Ireland the need for consistency in terms of these issues on behalf of our people. Representations have in Ireland, would he support the introduction of been made at all levels, including the meetings similar provisions to promote family unity among at Dromoland Castle last autumn and the White immigrants and to provide a mechanism whereby House on 17 March. The Taoiseach and the Mini- eligible undocumented immigrants are given the ster for Foreign Affairs raise this issue at every facility to adjust their status here? If the Minister opportunity on behalf of our people. They will of State believes in consistency, will he ensure 1237 Other 2 June 2005. Questions 1238 there is some between the American Bill and detail. The Taoiseach and the Minister for For- what the Minister for Justice, Equality and Law eign Affairs, Deputy Noel Ahern, had a positive Reform has been trying to implement? discussion on immigration reform with President Bush on Saint Patrick’s Day and prior to that in Mr. Treacy: I do not understand why the Dromoland Castle. Following this, the Minister Deputy would ask a question pertaining to asked his officials to again consider ways of get- whether I support this US Bill. I support it, as do ting a more precise sense of the size of our our diplomats, ambassadors, consulates, Govern- undocumented population, including the possi- ment and Irish Americans. We are working bility of setting up an on-line database for this through all of those avenues to achieve a positive purpose. However, the widespread view after conclusion to the matter. We will leave no stone much consultation was that our undocumented unturned in assisting the Bill’s development, tak- people would be unlikely to register on a data- ing into account that this must be an inclusive Bill base for the reasons the Deputy suggested. This as otherwise it would not work. There are 10 mil- is understandable and, under these circumstances, lion undocumented people in the US, which high- it has been decided not to go ahead with the lights the challenges, complexities and difficulties. approach. There is no comparison between the situations here and that in the Unites States vis-a`-vis our Mr. F. McGrath: I welcome the Kennedy- undocumented people. McCain Bill, which is a positive and constructive initiative. Does the Minister of State agree that it Aengus O´ Snodaigh: How does the Minister of is for all parliamentarians and Members of the State know that? Da´il to support Irish immigrants? Does he accept that the Government has a brass neck in calling Mr. M. Higgins: We have far fewer but the sit- for support for Irish emigrants while deporting uation is much worse. 110 immigrants from Ireland in recent months? I strongly support Deputy Michael Higgins’s com- Mr. Treacy: We are speaking about a distinct ments about how some of our Minister for situation that is unique to the US and clearly Justice, Equality and Law Reform’s remarks were identifiable from our perspective in terms of Irish out of order and disgraceful. immigrants. If one were to speak with any Does the Minister of State accept that, as pol- member of the immigration staff of the Depart- itical leaders, we have a duty to lead in the immi- ment of Justice, Equality and Law Reform who gration issue? Even if doing so loses votes, it is are dealing with this matter here, one would learn essential that we lead. Does he support the pro- about the difficulties they experience in identi- posal put forward by many Deputies to extend fying people and getting information or docu- the franchise, allowing Irish emigrants to vote in mentation. They is non-co-operation with their our elections? Will the Government reconsider requests for information. the situation of some immigrant families in Ireland? A group of Kurds living in Marino, have Aengus O´ Snodaigh: This is a refusal of family in a refugee camp in Iraq. They have been family unity. trying to get their family together for the past six months. I have been pushing their case but all Mr. Treacy: All of this must be taken into sorts of doors have been slammed in my face. If account. The important critical point at the end the Government is serious about the immigration of the day is that we must deal with this matter issue, we must accept out international obli- in a systematic, consistent administrative way to gations as a sovereign state to assist immigrants ensure that fair treatment is given to each individ- all over the world. ual on the basis of meeting the required criteria. Mr. Gormley: I asked the Minister of State an Mr. Gormley: Will the Minister of State elabor- additional question about the current estimates ate on the proposed idea for an on-line database for illegal immigrants. What is the Government’s for illegal Irish immigrants living in the USA, to present estimate and how did it arrive at this gain an accurate picture of how many such per- figure? sons there are? As the Minister of State knows, the estimates vary. The US Government esti- Mr. Treacy: I do not have a de facto figure. mates 3,000 while we estimate between 20,000 From our consultations with the United States, and 50,000. What is the exact figure? Could there there are at least 3,000 Irish immigrants there. be potential difficulties with this idea, in that From other estimates made, the figure could be people do not wish to put forward their names 20,000 and is certainly not more than 50,000. We because they are illegal? Is there a problem that are not sure, which is a serious difficulty. We perhaps could be solved if they remained anony- know there has been much mobility of Irish immi- mous, but then we would not get the accurate grants into and out of the US through other coun- data?. tries, sometimes to return to Ireland and some- times to leave again. We are not sure of the final Mr. Treacy: Deputy Gormley’s conclusion is destinations in certain cases. Hence, it is difficult correct. We have examined this issue in great to have a final figure. 1239 Other 2 June 2005. Questions 1240

[Mr. Treacy.] Mr. M. Higgins: The Minister for Justice, In response to Deputy McGrath, it is unfair to Equality and Law Reform, Deputy McDowell, say that the Government has a brass neck in the does not speak for me. situation. In the 23 years that I have been in this House the elected Members have always been An Leas-Cheann Comhairle: That concludes supportive and have assisted our people in all questions for today. parts of the world, no matter what the situation. There is a unity of purpose there. Mr. Gormley: I understood there were four If one examines the situation last May, when minutes remaining. new members joined the European Union, Ireland was the only country to give an absolute Mr. M. Higgins: There are three minutes guarantee that anybody from an EU country remaining. Is that correct? could come to work here. Everybody said that was a crazy decision, that the floodgates would An Leas-Cheann Comhairle: There are two open—— minutes remaining.

Mr. Gormley: Nobody said that. Mr. M. Higgins: I wish to hear a reply to the question regarding the Warsaw speech. Mr. Treacy: Many people said that. An Leas-Cheann Comhairle: The reply is Mr. Gormley: We supported that decision. rather long.

Mr. Treacy: Yes, but many people criticised the Mr. M. Higgins: The reply can be brief. It was Government for that decision. a very slight speech.

Aengus O´ Snodaigh: A small minority of Mr. Treacy: To what question is the Deputy people criticised it. referring?

Mr. Gormley: The Minister of State should be Mr. M. Higgins: I am referring to Question No. very careful in what he says. We supported that 8. It was a very slight speech so it will not take decision. We supported the Government. the Minister of State very long to comment on it. It is extraordinary because it is of a very low Mr. Treacy: I appreciate the support that standard. I hope that I do not get someone into existed. I am not referring to people in this trouble by saying that. However, it is not up to House. the usual standards of Iveagh House. Perhaps the Minister for Foreign Affairs wrote it himself. Aengus O´ Snodaigh: It was a small minority. United Nations Reform. Mr. Treacy: The Government was criticised for 8. Mr. Sherlock asked the Minister for Foreign that decision. It was consistent, open and accom- Affairs if he will report on his address to the for- modating and there has not been a crisis in that eign policy club, Centre for International area since. When it comes to the situation per- Relations, in Warsaw in May 2005; the position taining to citizens of our country and citizens of regarding the reform of the United Nations the European Union, we are all one. We have system; and if he will make a statement on the that commonality, there are equal rights in that matter. [18506/05] situation and we have a fundamental responsi- bility to ensure that where we require workers, 74. Mr. Kenny asked the Minister for Foreign priority is given to people in the EU. Affairs the number of meetings with his Euro- Non-EU citizens have come here for a number pean counterparts he has held since assuming the of reasons. Some are economic migrants, others position of responsibility concerning the reform seek their human rights or are fleeing tragedies of the United Nations; the outcome of these in their countries and so on. People have come meetings; and if he will make a statement on the here but we must be measured and reasonable. matter. [18607/05] In a small island and open country we must 84. Mr. J. O’Keeffe asked the Minister for For- ensure that we have a system that is equitable, eign Affairs the contact he has had with other EU fair, systematic, clear and properly administered Governments regarding UN reform; and if he will and that nobody can get through the system easily make a statement on the matter. [18608/05] and cause problems for the country. We must be very careful that we are reasoned and measured 101. Mr. O’Shea asked the Minister for Foreign in our actions. We all have a duty, as parliamen- Affairs if he will report on his recent visits to tarians, to have a unity of purpose in discharging Copenhagen, The Hague, Belgrade, Ljubljana our responsibilities and ensuring that, together, and Vienna in his capacity as the UN Secretary we manage what is a difficult, complex and General’s special envoy; the issues that were dis- humane situation. All of us have that serious cussed during these visits; and if any further visits responsibility. are planned in the immediate future. [18494/05] 1241 Other 2 June 2005. Questions 1242

Mr. Treacy: I propose to take Questions Nos. representative Javier Solana and external 8, 74, 84 and 101 together. relations Commissioner Ferrero-Waldner. The Deputies will be aware that preparations are Minister gave an updated briefing to partners at well advanced for the summit that will take place the General Affairs and External Relations at the United Nations next September at which Council on 23 May. Heads of State and Government will seek to To date, the Minister has travelled to capitals restore momentum to the achievement of the mil- to meet his counterparts from Belgium, Italy, San lennium development goals; agree on reforms Marino, Switzerland, Denmark, the Netherlands, that will strengthen the system of collective secur- Serbia and Montenegro, Slovenia, Austria and ity, based on the United Nations; enhance the Spain. In his capacity as envoy, the Minister human rights function of the United Nations; and addressed the Council of Europe summit, held in reform its institutions and management struc- Warsaw on 16 and 17 May. On 18 May, he met tures. It is a priority for the Government to do the President and Foreign Minister of Poland. He whatever it can to promote the success of the also took the opportunity to confer with the For- summit. eign Ministers of Andorra, Armenia, Azerbaijan, The Minister for Foreign Affairs, Deputy Georgia and Liechtenstein. He further conferred Dermot Ahern, was honoured to be appointed by with his fellow envoy, President Vike Freiberga UN Secretary General, Kofi Annan, as one of of Latvia. The Minister also, on 17 May, gave the five envoys to act on his behalf in encouraging opening statement at the meeting of the foreign governments to take the decisions necessary to policy club at the Centre for International ensure a satisfactory outcome at the September Relations in Warsaw. summit. The appointment is an indication of the esteem in which Ireland is held by the Secretary Mr. Allen: The Minister is a busy man. General and of its track record of commitment to the United Nations. As UN envoy, the task of the Mr. Treacy: He is very busy. In his statement, Minister, Deputy Ahern, is to make the case for the Minister set out the case for the reforms the broad package of recommendations and necessary to ensure that the United Nations is reforms set out in the UN Secretary General’s able to act effectively in the maintenance of inter- recent report, In Larger Freedom. national peace and security, the promotion of The Minister was asked by the Secretary Gen- human rights and the promotion of economic and eral to focus his efforts on Europe. However, social progress. The Minister, as envoy, addressed none of the envoys is confined in his or her activi- the meeting of the Euro-Atlantic partnership ties to anyone geographic area and the Minister council, hosted by Sweden in¯ re, on 24 May. At has recently undertaken a number of bilateral the council meeting, he took the opportunity to meetings, as envoy, with colleagues from a range meet the Foreign Ministers of Sweden, Albania of Latin American and Arab states. and the Former Yugoslav Republic of Macedonia, as well as the US Undersecretary of Mr. Allen: We cannot see him at all. State, Mr. Burns.

Mr. Treacy: There are two men representing Additional information not given on the floor of him. That is not a bad response by Government the House. — to give two instead of one. The European Union held an extensive and substantive discussion with its Latin American Mr. Allen: Two in a row, in fact. partners on the preparations for the September summit at the EU Rio group meeting held on 27 Mr. Treacy: The work of the envoys is vital to May. At the invitation of the Presidency, the the preparatory process as it is evident that suc- Minister briefed the meeting on his role as envoy cess in September will require governments to and discussed the prospects of and priorities for step back from hitherto entrenched positions and a successful outcome from the summit. The Mini- take decisions in the wider interest of all ster also had interesting and useful meetings with members and the multilateral system that serves his Argentinian and Chilean colleagues, at which them. The work that the envoys are carrying out they discussed UN reform. with governments is intended to complement the The European Union also discussed UN dialogue and debate in which members’ del- reform and the September summit with its Medit- egations in New York are engaged, under the erranean partners at the seventh Euro-Mediter- guidance of the president of the General ranean ministerial meeting on 30 May. The Mini- Assembly. ster discussed the preparation of the summit in The Minister for Foreign Affairs commenced bilateral meetings with the Foreign Ministers of his series of envoy visits shortly after his appoint- Egypt, Algeria, Syria and the Palestinian Auth- ment by the Secretary General on 4 April and his ority. Yesterday in New York, the Minister had subsequent briefing of his EU colleagues at the meetings with the UN Secretary General, the informal meeting of EU Foreign Ministers held president of the General Assembly and the other on 15 and 16 April. He has subsequently met a envoys where they took stock of the current situa- number of Foreign Ministers, including those tion and discussed the preparation of the summit. from within the European Union, as well as high The president of the General Assembly is 1243 Hospital 2 June 2005. Staff 1244

[Mr. Treacy.] modernisation of the United Nations at a critical expected to publish proposals in the coming days time in the history of mankind. which will form the basis for future consideration by the member states. Written answers follow Adjournment Debate. I am not in a position to comment on the con- tents of the Minister’s meetings with his Foreign Adjournment Debate Matters. Minister colleagues. He has undertaken to convey the views expressed in his meetings to the UN An Leas-Cheann Comhairle: I wish to advise Secretary General in strict confidence. The effec- the House of the following matters in respect of tiveness of his mission and that of the other which notice has been given under Standing envoys demands that the exchanges remain confi- Order 21 and the name of the Member in each dential. I confirm that the meetings to date have case: (1) Deputy Allen — the termination of been productive, informative and of value to the employment by Cork University Hospital of an Secretary General and his support team. orthopaedic surgeon (details supplied); (2) Regarding the current position on UN reform, Deputy Cowley — if the Minister will defer his discussions are continuing at the United Nations decision to grant consent to install and com- on the recommendations contained in the Sec- mission the Corrib gas pipeline; (4) Deputy Healy retary General’s In LargerFreedom report. — the urgent need for the location of an emer- Ireland and its European Union partners con- gency ambulance station at Carrick-on-Suir, tinue to press for the adoption of a positive and County Tipperary; (6) Deputy Broughan — if the balanced package of measures at the September Minister will reconsider his decision on the intro- summit. duction of post codes; (7) Deputy Wall — to ask the Minister for Education and Science the posi- An Leas-Cheann Comhairle: The time allowed tion of a proposed new school (details supplied); for questions has elapsed. and (8) Deputy Timmins — to ask the Minister for Health the reason an elderly person at Leas Mr. M. Higgins: I understand that, but we lost Cross Nursing Home was refused sanction by the time during the earlier confusion. HSE for certain medical material. The matters raised by Deputies Allen, Cowley, An Leas-Cheann Comhairle: I have allowed Broughan and Wall have been selected for for that. discussion. Mr. M. Higgins: I have a short, supplementary question. Obviously the Minister for Foreign Adjournment Debate. Affairs is casting his net wide. However, I referred to his speech in Warsaw, which includes ———— the following statement: Hospital Staff. International law has long recognised the right of states to take action to pre-empt an Mr. Allen: I am grateful for the opportunity to imminent attack. Preventive action against a raise the matter of the termination of the employ- potential threat, however, should remain a ment of Mr. K. Mahalinghan, orthopaedic sur- matter for the Security Council. geon, by the management of Cork University Therefore, what the Minister had to say on Iraq Hospital from a position he held for 11 years. His was misleading. Article 51 of the UN Charter employment was terminated on the grounds that enables a country to defend itself, to pre-empt the Department of Health and Children failed to attack that is imminent, but it must respond with sanction an additional post which would have reasonable force. In fairness to the Government, allowed him to continue in his position as ortho- I understand that it was against the principle of paedic surgeon in the hospital. pre-emptive strikes which led to the fundamental It is utterly unacceptable that elderly people illegality of the strike against Iraq with its appal- with orthopaedic problems are told that they ling consequences which are still obvious today. cannot be put on the outpatient waiting list and, when they are eventually put on the list, that they Mr. Treacy: I welcome what Deputy Higgins can expect to wait for up to two years for an has said. He is correct in his interpretation of the examination. I know elderly people who have Government’s position. While the Minister for come to my clinic in tears because of pain and Foreign Affairs may have cast his net wide from have been told that they may have to wait years an international perspective, he has been asked for an examination. They have also been told that to do so on behalf of the United Nations. That if they have \4,000 or, sometimes, \6,000, they indicates an excellent attitude on our part and it can receive treatment within weeks from the also shows that Ireland is held in great regard by same surgeons in the same hospital. This is the UN. The Minister is doing his utmost, as a scandalous and, despite the Ta´naiste being aware Member of this Parliament and a member of the of it, it has been allowed to continue. That medi- Government, to make a unique contribution to cal apartheid must be dealt with sooner rather the continued evolution and development and than later if social justice is to exist. 1245 Natural 2 June 2005. Gas Grid 1246

The public waiting lists at that hospital are to clarify, on behalf of the Ta´naiste, who is unacceptable and cannot be allowed to continue unavoidably absent, the position of the Depart- at their present level. No matter how ment of Health and Children. The Health Act unacceptable they are, I find it incredible that Mr. 2004 provided for the Health Service Executive, Maha Lingam’s position as trauma surgeon has which was established on 1 January 2005. Under been terminated with effect from 31 May 2005. the Act, the executive has the responsibility to Records available to me for St. Mary’s Ortho- manage and deliver, or arrange to be delivered paedic Hospital, the associated hospital of Cork on its behalf, health and personal social services. University Hospital, for the years 1994-2001 show This includes responsibility for the provision of that Mr. Lingam carried out 30% of all hip acute hospital services and the appointment of replacements and over 30% of knee replacements new or replacement consultant posts. in that orthopaedic unit, which had six ortho- With regard to the specific case mentioned by paedic surgeons. The figures are only available up the Deputy, the former Southern Health Board to 2001 because I am informed that in that year, made application for financial clearance to the theatre space in the hospital was no longer made Department of Health and Children for the available to Mr. Lingam, despite the fact that appointment of a seventh consultant orthopaedic theatre sessions were free for three years from surgeon post. In view of the financial implications 2002. of the proposed post, the Department of Health My attempt, as a member of the former South- and Children was not in a position to allocate ern Health Board, to get a breakdown of the level funding for this post in 2004 nor in the letter of of public and private practice on a consultant-by- determination for 2005 which issued to the South- consultant basis in that hospital was refused by ern Health Board in early December 2004. the management at the behest of some people Since the establishment of the Health Service who had a vested interest in what I would term a Executive, the Department of Health and Chil- very lucrative business. I submitted a freedom of dren no longer has a role in the approval or fund- information request, which was turned down. My ing arrangements for individual consultant posts. appeal was refused and I made a detailed appeal The Department has been informed that this case to the Information Commissioner, which was not is the subject of ongoing litigation, including an dealt with for over three years. Subsequently, I appeal to the Supreme Court. Therefore, it is not withdrew the request because the case was not appropriate to comment on the case. being dealt with. I find it incredible that, as a member of the Mr. Allen: On a point of order—— former Southern Health Board, I could not get information from that health board about what An Leas-Cheann Comhairle: That is not a was happening in hospitals funded by taxpayers. point of order. If the Minister is serious about dealing with some of the issues in the health services, that issue Mr. Allen: I do not think people suffering in should be dealt with quickly and effectively. Cork should have to wait—— Very little spinal surgery and cruciate ligament work and little, if any, shoulder replacements An Leas-Cheann Comhairle: There is no pro- have been carried out at Cork University vision that allows the Deputy to speak again on Hospital since 2001. I have been told that there the matter. Deputy Allen is out of order. have been ongoing difficulties with orthopaedic services in Cork for quite some time, which have Mr. Allen: The Minister of State should stop resulted in this unacceptable situation regarding hiding behind the Supreme Court. waiting lists. I call on the Ta´naiste and Minister An Leas-Cheann Comhairle: Deputy Allen is for Health and Children to carry out an indepen- out of order. He should resume his seat. He is dent inquiry into the activities at Cork University interfering with the time allotted to another Hospital and to immediately sanction the surgical Deputy. position so that Mr. Maha Lingam can continue his work within the greater Cork area. His repu- Natural Gas Grid. tation in Cork is top class and he enjoys the confi- dence and support of his patients, past and Dr. Cowley: I am very grateful to the Ceann present. Comhairle for the opportunity to raise this very This is not a party political issue. I regret the important matter on the Adjournment. The Ta´naiste is not here. In the interests of justice for people of Erris are extremely frightened because people who cannot help themselves and are at the a high pressure pipeline is being forced upon mercy of those who make decisions about their them with no independent assessment of the future, this matter should be looked into and risks. This pipeline will pass by their doors. I ask there should be a full and independent inquiry the Minister for Communications, Marine and into what is happening. Natural Resources to immediately call a halt to this project, to defer giving permission to Shell to Minister of State at the Department of Agri- proceed and to insist on the construction of an culture and Food (Mr. B. Smith): I am pleased to off-shore terminal for the sake of the residents have been given the opportunity by Deputy Allen and the economic benefit of the area. 1247 Natural 2 June 2005. Gas Grid 1248

[Dr. Cowley.] ing there. However, they can write off the cost of Only today we hear that Sruwaddacon Bay is their off-shore platform under the very generous contaminated with black peat as a direct result of 1992 tax deals done by the Government. the preparation works at Bellanaboy for the in- Regarding health and safety matters, those who shore terminal. Some 450,000 cu m of peat from work on the rig choose to do so, but the people the bog there is being transported to a Bord na of the Erris area do not have a choice. They have Mo´ na deposition site at Shramore, 11 km away. to live beside this pipeline, a project Already, the 800 truck movements per day have 5 o’clock which is being imposed on them and resulted in several trucks leaving the road and a will do very little for the area. Very local grotto has been damaged by the truck move- few jobs have been created and in many case, the ments. Two days ago, the North Western Fisher- jobs have been taken by people outside the area. ies Board manager, Vincent Roche, warned that The Minister should realise that the health and he would take legal action if discharges of silt into safety of the people are his responsibility and he the Bellanaboy river continues. This river is a should honour his responsibility by putting the tributary of the Carramore lake, which supplies health and safety of the people first. He should water to the entire region. not collude in the pollution of the entire area, This threat has been well flagged in the plan- which is happening. The water supply to an entire ning stage and the settlement pond system region is being threatened. I appeal to the Mini- intended to prevent the silt from escaping is not ster to act now and to refuse all consents to Shell. working. On page 56 of the report by An Bord He must insist on an offshore terminal or leave Pleana´la, it is stated that if the settlement pond the gas there until such time as there is something system did not work, Carramore Lake, the main in it for Mayo. At present, all Mayo gets from it water supply for the region, would be turned into is serious risk to the residents, whose lives are in a giant settlement pond. peril, and the pollution of the area. I have repeatedly queried in the Da´il the inde- I urge the Minister to stop this pipeline and pendence of the risk assessments that have been refuse to give consents. There must be an off- carried out on the terminal pipeline. The so- shore terminal for the sake of the area. called independent curae or qualitative risk assessment was carried out in 2001 by J. P. Kenny Mr. B. Smith: In the unavoidable absence of on behalf of the original developer, Enterprise the Minister for Communications, Marine and Energy Ireland. Mr. Kenny had worked on the Natural Resources, Deputy Noel Dempsey, I will original design brief on the pipeline. Mr. Andrew update the House on the review of the Corrib Johnson’s subsequent study was a desk study gas field developers’ quantified risk assessment, based on this already flawed information. The QRA, for the onshore pipeline. biggest blow, however, was that the so-called The Department of Communications, Marine independent consultant hired earlier this year by and Natural Resources awarded the contract the Minister for Communications, Marine and after a tendering process. Tenders for the QRA Natural Resources to review the safety of the review were invited from four companies with the pipeline was far from independent. The company requisite competencies. One declined because it in question, British Pipeline Agency, is jointly had worked on the Corrib gas field project pre- owned by BP and Shell UK, the companies that viously. Two others declined, due to the unavail- put forward the project. Why was the Minister ability of the consultant during the timeframe not aware of this information, which is available within which the work to be carried out was on the Internet? This company was founded in scheduled. The contract was awarded to British 1969 as a joint venture between BP Oil UK and Pipeline Agency Ltd., BPA, which was the only Shell UK. company to submit an offer of tender. BP Ireland One local resident who is familiar with fire UK Ltd. and Shell UK Oil Ltd jointly own BPA. hydrants says the ten bar pressure produced by a BPA is defined as a subsidiary undertaking of fire hydrant would pin a man against a wall at BPLC. The tender was received on 4 April 2005 50 yards, yet the pipeline is designed for 345 bar and a draft contract issued to BPA on 6 April pressure — it will be 150 bar pressure initially. 2005. This man and his family must live beside this At no stage in any discussions with the Depart- pipeline and he is very frightened by this ment did BPA raise the issue of any potential prospect. conflict of interest in carrying out this review. I asked the Minister to release the curae earlier Notwithstanding that BP Oil UK Ltd. and Shell this year and I am glad he did so. However, the UK Oil Ltd. own the company jointly, BPA local people are very afraid for their health and remains of the view there is no conflict of interest safety. I said I would not live beside such a pipe- and states: line and I asked the Minister whether he would, but I did not get an answer. It is clear that nobody BPA is a leading UK specialist in the would live beside such a pipeline. onshore oil and gas pipeline sector, managing The oil companies say they will not opt for an pipeline and terminal assets, and providing off-shore platform for economic reasons and to related technical consulting services to a wide protect the health and safety of the people work- range of companies worldwide. 1249 Postal 2 June 2005. Services 1250

All work undertaken by BPA is treated as The An Post and Ordnance Survey GeoDirec- client confidential whether acting for a single tory system is on the market already and is avail- client company or a consortia, and the ability able for prospective postal operators to buy. to maintain client confidentiality is critical to Surely the fact that An Post has already spent BPA’s continuing business success. significant resources on this technology and that In this instance BPA were “peer reviewing” it is commercially available must be recognised technical work undertaken by another pipeline and taken into account by the Minister when consultant for Shell, against accepted industry deciding on the introduction of a postcode codes and standards. system. If a postcode system is introduced, will it be based on the existing and effective An Post The Minister accepts fully that BPA has com- technology? If not, how can the Minister justify pleted the review in a fully professional and the costs and operational difficulties this will gen- objective manner. However, he remains con- erate for An Post and the Exchequer? scious that the association of Shell UK Oil Ltd. The initial estimate for the proposed method- with BPA by means of its 50% ownership of the ology and business plan is estimated at between company will raise questions as to the complete \200,000 and \300,000. However, An Post esti- independence of the QRA review process. In the mates that it will cost it in excess of \6 million in interest of ensuring confidence in the indepen- private operational costs if postcodes are intro- dence of the process of evaluation of the safety duced. This is apart from the financial burden aspects of the pipeline as addressed by the QRA that will be placed on individual businesses and version F and considering the public concerns and institutions across the country who will have to sensitivities on this issue, the Minister has now realign their databases and software to the new initiated a further review of the QRA. postcodes. The electoral register will also have to With regard to the Corrib gas field terminal, I be revamped at considerable expense to local do not agree that the only option available in the authorities. interest of the health and safety of the Erris resi- With this Government’s and especially Deputy dents is an offshore terminal. I am satisfied the Noel Dempsey’s record for taking up disastrous Department has given every consideration to rel- projects with huge price tags, such as the e-voting evant aspects of recommending the placing of the debacle, the prospects of spiralling and unac- terminal onshore. In any case, there is no ques- ceptably high costs for this project are not tion of withdrawing any approvals already given. unlikely. I have read the report on postcodes commissioned by the Minister, Deputy Noel Postal Services. Dempsey. Has the Minister read it? If so, can he Mr. Broughan: The recent announcement by point out the disadvantages that Ireland suffers at the Minister for Communications, Marine and present and detail how consumers, public services Natural Resources, Deputy Noel Dempsey, that and postal operators will benefit from the intro- a new system of postcodes will be introduced in duction of some of the systems proposed? Can the Minister convince us that this postcode Ireland by 1 January 2008 provides no seriously system is not being introduced so we can be bom- persuasive argument as to why new postcodes are barded more effectively with unsolicited and necessary. I am not convinced this scheme does often junk mail? The commercial benefits are not not have the potential to turn into another \50 quantifiable and the drawbacks of such increased million squandering of public money which could so-called customer service and mailshot oppor- be used in any number of under funded areas tunities, from the general public’s point of view, highlighted recently, such as nursing homes or must be seriously considered. seatbelts on school buses. There are also serious data protection, privacy The Minister claims that a postcode is “a vital and socioeconomic policy concerns about postco- piece of infrastructure for any modern economy”. des. These codes, on the basis of experience in This infrastructure exists already in the use of Dublin, can also be a code that unfairly categor- automated sorting, including optical character ises whole populations on the perceived econ- recognition, and the GeoDirectory system, which omic status of the postcode area. Do we seriously is a highly developed national address database want to replicate this throughout Ireland through system. An Post and the Ordnance Survey of the adoption of codes based on so-called atomic Ireland established the GeoDirectory and they small areas? It is also clear from the postcode have invested significant resources in the tech- working group that the Dublin distinctions are nology. This system is excellent and, as the post- unnecessary and could be abolished. code working group reports, “provides a unique If there is a case to be made for the establish- identifier for each building in the State, including ment of universally known postcodes, let us prior- penetration to individual delivery points in a itise the use of the existing system and minimise building”. The argument that a postcode system unnecessary spending by providing greater access is essential for the quality and accuracy of postal to or full publication of the national GeoDirec- delivery is nonsense and is discounted by the tory so every individual and household knows postcode working group’s report. their postcode, as was proposed by the broad- 1251 Schools Building 2 June 2005. Projects 1252

[Mr. Broughan.] postcode project board, comprising representa- caster Pat Kenny earlier this week. People have tives of Departments, together with public and little difficulty remembering telephone and bank private sector organisations which will be account numbers so why should a random digit appointed by the Minister to assist the project postcode or zip code be any different? There is managers with their work. It is hoped to present great potential in the existing system and a great a proposal describing in sufficient detail what is danger that a new postcode scheme will become the most efficient, effective and publicly usable another disastrous and unnecessarily extravagant postcode system by 31 December 2005. project to add to the Minister, Deputy Noel In its deliberations, the project board will Dempsey’s, unfortunate and sad record. examine all the options for a postcode system. This may include an examination of An Post’s Mr. B. Smith: I reply on behalf of the Minister GeoDirectory. An Post has advised, however, for Communications, Marine and Natural that the geo-directory product is not a postcode Resources, Deputy Noel Dempsey. A postcode is system. It is a commercial, proprietary address a necessary piece of infrastructure for a modern database which is linked to geographical co- developed economy. Almost 90% of mail in ordinates to provide a unique identifier for build- Ireland is now generated by business. A recent ings which has been developed by An Post and report to the European Commission on devel- Ordnance Survey Ireland. The cost of the GeoDi- opments in the European postal sector identified rectory product supplied by An Post comprises a that Ireland has relatively low mail volumes. once-off fee of \57,000 plus an annual licensing The report suggested that a possible expla- fee of 14% of the initial cost. It is a very useful nation for this could be that Ireland is the only product which is used by local authorities, emer- member state without a postcode system. The gency services and utilities, but it is not a publicly report further suggested that there is an available postcode system. The generally unrealised potential for letter post growth in accepted definition of a postcode is that it is an Ireland. Public services and utilities and private identifier that identifies the addressee’s locality businesses, such as the ESB, Eircom and the and assists in the transmission and sorting of mail. banks are major users of the post and need a pre- Effectively, a postcode is primarily to facilitate cise address for billing, sales, marketing and to mail delivery. assist field staff locating customers’ premises. While a postcode can be used with automated Without an effective postcode in Ireland, there is mail process systems, it must also be capable of a real danger that not only postal operators but being used with manual systems. The GeoDirec- also consumers, business and public services will tory product is a building identifier and the pur- be at a disadvantage compared to our EU part- pose of a postcode system is to make it easier ners. The Government is committed to redressing to process and deliver mail. A publicly available this situation. postcode system would help organisations to To this end, the Minister for Communications, direct mail more accurately and provide better Marine and Natural Resources established a customer service. In response to the ComReg working group comprised of people with experi- consultation on postcodes, organisations such as ence of the postal sector, together with a rep- the ESB and BreastCheck were in favour of post- resentative from the Department of the Envir- codes because they help to provide better access onment, Heritage and Local Government, which to customers. In addition, the Department has is the lead Department for the Irish spatial data received correspondence in support of the infrastructure initiative to examine the introduc- initiative. tion of a postcode system in Ireland. This group produced its report earlier this month. The report Schools Building Projects. found that the introduction of a publicly available postcode could deliver many potential benefits. Mr. Wall: I thank the Minister for taking this The purpose of a postcode system would be to Adjournment matter and the Ceann Comhairle improve efficiencies and quality in the postal sec- for permitting it. I seek clarification in regard to tor, stimulate mail volume growth, assist utilities a parliamentary question I asked the Minister for and emergency services, address the problem of Education and Science yesterday seeking infor- non-unique addressing and facilitate competition mation on Athy community college. Two years by making it easier for new postal operators to ago, I attended a function at which the Taoiseach enter the market. These improvements collec- turned the sod at the school, yet no progress has tively will boost the country’s competitiveness. been made since then. Further concerns have For this reason, the Minister has decided, in prin- been raised by the Minister’s reply yesterday. ciple, that a postcode system should be in place She stated: by 2008. However, due to a decline in enrolment The Minister is asking the Commission for trends and the level of investment which would Communications Regulation, ComReg, to be required to facilitate a relatively small appoint project managers to support the postcode number of pupils, it was decided not to allow project. The next step is to establish a national the proposed building project to progress 1253 Schools Building 2 June 2005. Projects 1254

through architectural planning until a complete years to achieve our goal, with an aggregate total review of the long-term viability of the school of almost \2 billion allocated for this purpose has been carried out. since 1998, the largest investment programme in the history of the State. Since the beginning of This would seem to contradict everyone’s view of the year the Minister for Education and Science the project, including that of the Taoiseach, who has made a number of announcements relating to turned the sod two years ago. the schools building and modernisation prog- The development plan for Athy has led to ramme. This year alone, \270 million will be allo- major population growth in the town. In 1970, the cated to primary schools and \223 million to post- population stood at 4,270 whereas the latest primary schools for building works. This development plan envisages a population of represents an increase of 14% on the 2004 16,000, not including the catchment areas of Bal- allocation. lylinan, Kilberry, Kilkee, Kilmead and other The programmes supported will include the small villages which have experienced population following: 141 major building projects already on increase. In fact, all the south Kildare area that site and a further 28 due to commence in the is attached to Athy for educational purposes has coming weeks; 122 major school building projects experienced a major increase in population. countrywide which will prepare tenders and move Nonetheless, a major dent has been put in one to construction during 2005; 192 primary schools of the flagship educational projects in the area, which have been invited to take part in the small namely, the completion of a new college at Athy. and rural schools initiative and the devolved Has the development been put on the back scheme for providing additional accommodation; burner? How long will the review of the viability up to 120 schools which have been given approval of the school take? Have there been second to rent temporary premises pending delivery of a thoughts regarding the project? What aspect of permanent solution to their long-term accommo- the development will progress? Will the present dation needs; 43 schools which have been author- school be developed or will a new school be ised to start architectural planning of their major developed on the site opened by the Taoiseach? projects and 124 which have been approved to What is the position in regard to this much progress through the architectural planning pro- needed educational facility in the context of the cess; and 590 schools which were recently given recent expansion of population in south Kildare, approval to complete essential small-scale pro- which highlights the need for it? At least 1,000 jects under the summer works scheme. I am houses are at construction stage in the area and a pleased to inform Deputy Wall that Athy com- greater number are at the planning stage with the munity college is included in this number, having local town council. It beggars belief that this secured funding to upgrade its gas system. infrastructure project, which is vital given the With regard to the school’s large-scale project, young population of the town and its hinterland, in May 1999 the school authority, Kildare seems to be going backwards. Vocational Education Committee, applied for the The Minister of State should clarify the situa- replacement of its building. This was agreed and tion. He should alleviate the concerns of the an accommodation brief for a new school was set teachers of the school and local primary school at 350 pupil places. The VEC appealed this pupils, who would benefit from the school. Edu- decision, arguing for a 500 pupil facility based on cation in south Kildare would benefit if he could its assessment of the anticipated increase in the give a clear picture regarding the provision of demographics of the area, an anticipated this college. increased demand for post-leaving certificate and vocational training opportunities scheme courses Mr. B. Smith: I thank Deputy Wall for raising and a naturally accruing demand for places in a this matter as it provides an opportunity for me, new state-of-the-art facility. on behalf of the Minister for Education and The matter was reviewed in the school plan- Science, Deputy Hanafin, to outline to the House ning section of the Department of Education and the action planned to progress the application for Science and it was decided that an accommo- capital funding from Athy community college. dation brief based on a long-term projected Modernising facilities in our 3,200 primary and enrolment of 400 pupil places was more realistic. 750 post-primary schools is not an easy task given A design team was appointed on this basis and the legacy of decades of under-investment in this the proposed project reached stage 1 in the archi- area as well as the need to respond to emerging tectural planning process. A review was carried needs in areas of rapid population growth. Since out at that point to firm up on the size of the taking office, the Government has shown a sin- school for the design team. On foot of this review, cere determination to improve the condition of it emerged that there was a significant decline in our school buildings and to ensure that the appro- enrolments. In view of this development and the priate facilities are in place to enable the imple- level of investment which would be required to mentation of a broad and balanced curriculum. facilitate a relatively small number of pupils, it We have progressively increased funding for was decided not to allow the proposed building the schools modernisation programme in recent project to progress through architectural planning 1255 The 2 June 2005. Adjournment 1256

[Mr. B. Smith.] cesses used by the Department of Education and until a complete review of the long-term viability Science in determining how projects are assessed of the school has been carried out. This is under for capital funding. These processes are employed way in the school planning section of the Depart- in the interests of openness and transparency, and ment. The review will be carried out as quickly as to reassure all schools that they will be treated in possible and the school authority will be notified a fair and equitable manner. of the outcome without delay. Once again I thank the Deputy for giving me The Da´il adjourned at 5.20 p.m. until 2.30 p.m. the opportunity to outline to the House the pro- on Tuesday, 14 June 2005. 1257 Questions— 2 June 2005. Written Answers 1258

Written Answers. The Council also recalled the importance of the EU code of conduct on arms exports, which has ———— been in operation since 1998 and contains criteria for assessing such exports, including those relat- The following are questions tabled by Members ing to human rights, stability and security in the for written response and the ministerial replies relevant region and the national security of received from the Departments [unrevised]. friendly countries. The Council stressed the importance of the early adoption of a revised Questions Nos. 1 to 9, inclusive, answered code of conduct on which work is continuing and orally. which will reinforce existing EU controls and of a new instrument on arms exports known as the Departmental Representations. Toolbox. This instrument is being developed by the EU and comprises a set of measures which 10. Mr. Eamon Ryan asked the Minister for may be applied to a country when an arms Foreign Affairs the recent contacts by his Depart- embargo against it has been lifted. Essentially, it ment with representatives of the Turkish Govern- will provide for a greater level of information ment; if representations have been made to his ´ sharing and enhanced transparency within the Department following comments in Da´il Eireann EU regarding arms exports to countries which on 18 May, 2005; and if he will make a statement had been subject to an arms embargo. Dis- on the matter. [18648/05] cussions on the code of conduct and the Toolbox Minister of State at the Department of Foreign continue at official level. Affairs (Mr. C. Lenihan): The remarks in ques- As the EU works towards lifting the arms tion have not been the subject of any discussion embargo, it has also engaged in recent weeks in with, or representations from, the Turkish auth- a dialogue on the issue at senior official level with orities. I can only say, once again, that I deeply key partners, including the US, Japan, the regret the remarks and the offence they caused. Republic of Korea and Australia. EU Foreign Ministers reiterated their wish to develop further Arms Trade. the relationship with China when they met for an 11. Mr. McEntee asked the Minister for For- informal discussion in Luxembourg on 15 and 16 eign Affairs if he has held discussions with his April. The importance attached by the Union to counterparts relating to the possible lifting of the human rights and the peaceful resolution of dif- EU arms embargo on China; and if he will make ferences was reiterated in this context. The Mini- a statement on the matter. [18620/05] sters also agreed to continue to work on strength- ening the code of conduct and on the so-called 51. Dr. Twomey asked the Minister for Foreign Toolbox, in line with the European Council man- Affairs the position regarding the possible lifting date. These points were conveyed to Chinese For- of the arms embargo on China; and if he will eign Minister Li when he met the troika of EU make a statement on the matter. [18619/05] Foreign Ministers at the EU-China Ministerial Minister for Foreign Affairs (Mr. D. Ahern): I held in Beijing from 11-12 May 2005. propose to take Questions Nos. 11 and 51 The Government continues to examine this together. issue with our EU partners, in the context of our As stated on several previous occasions, the overall relationship with China, our ongoing com- Government’s position on the lifting of the EU mitment to human rights and the broader arms embargo on arms sales to China is clear. We regional and international context. I have not support the lifting of the embargo but we do not held discussions with EU colleagues on the lifting wish to see any increase in the quantity or quality of the embargo since questions were last put in of arms exports to China. the House on 28 April. EU Ministers will resume Our position was set out by the Taoiseach dur- consideration of a decision on lifting the embargo ing his visit to Beijing in January 2005, when he once technical work on revising the EU code of also explained the importance to the EU of con- conduct on arms exports has been completed. A tinued progress in the promotion and protection decision to lift the embargo will require unani- of human rights in China. The Government’s mous approval among member states. position was repeated in May during the course of bilateral consultations with China which were EU Constitution. held at senior official level in Dublin. 12. Mr. Gormley asked the Minister for For- At its meeting in December 2004, the Euro- eign Affairs if Ireland is eligible to join the EU pean Council reaffirmed its political will to con- Constitution’s new permanent structured co- tinue to work towards lifting the arms embargo. operation in view of the fact that the States It invited the incoming Luxembourg Presidency involved must have military capabilities which to finalise the well-advanced work on this issue in fulfil high criteria and have made binding com- order to allow for a decision while underlining mitments to one another in the military area; and that the result of any decision should not be an if he will make a statement on the matter. increase in arms exports from EU member states [17555/05] to China. 1259 Questions— 2 June 2005. Written Answers 1260

Minister for Foreign Affairs (Mr. D. Ahern): cations for the future of the EU Constitution; and The EU Constitution puts in place a new arrange- if he will make a statement on the matter. ment, known as permanent structured co-oper- [18640/05] ation, to enable those member states wishing to 39. Mr. English asked the Minister for Foreign do so to commit to being able to undertake the Affairs when the date for the referendum on the most demanding crisis management missions. EU Constitution here will be announced; and if Structured co-operation is open to all member he will make a statement on the matter. states, on the condition that they undertake to [18582/05] enhance their defence capacities through the development of national contributions and sub- 43. Caoimhghı´nO´ Caola´in asked the Minister ject to participation in a number of areas speci- for Foreign Affairs the discussions he has had, the fied in the Constitution. It does not allow for or briefings he has given and the meetings he has involve any mutual defence commitment, or any held with party leaders in the Houses of the binding commitment to deploy troops in any Oireachtas in relation to the proposed EU Con- specific operation. Neither does it allow for the stitution; and if he will make a statement on the participants in structured cooperation to mount matter. [16175/05] missions on behalf of the EU other than with the 57. Aengus O´ Snodaigh asked the Minister for approval of the Council as a whole, acting Foreign Affairs his views on the result of the unanimously. French referendum on the EU Constitution, and Member states can indicate their decision to its implications. [18638/05] take part in structured co-operation once the Constitution comes into force. Alternatively, 60. Mr. Hayes asked the Minister for Foreign member states which decide not to participate Affairs the steps being taken to enhance public immediately can decide to do so at a later date, knowledge of the new EU Constitution; and if he providing they meet the criteria outlined. will make a statement on the matter. [18612/05] Decision-making procedures in relation to struc- 93. Mr. Kenny asked the Minister for Foreign tured cooperation are set out in the EU Consti- Affairs if he will make a statement on the recent tution. These provide that decisions will be taken referendum on the EU Constitution in France. by unanimity among the states participating in [18576/05] permanent structured co-operation. The detailed arrangements for the implementation of struc- 152. Mr. Sargent asked the Minister for Foreign tured co-operation have yet to be elaborated. Affairs the implications for Ireland’s EU Consti- As the EU Constitution provides that perma- tution referendum following the outcome of the nent structured cooperation will operate on an referendums held in France and the Netherlands; opt-in basis there is accordingly no obligation for and if he will make a statement on the matter. Ireland to take part. The question would not arise [18371/05] to be decided until after the entry into force of 158. Mr. Durkan asked the Minister for For- the EU Constitution. The Government will take eign Affairs if he will hold a referendum on the a decision on whether or not Ireland should par- EU Constitution before or after the next general ticipate in structured cooperation in due course, election; and if he will make a statement on the once it becomes clear as to precisely what com- matter. [18846/05] mitments are involved. 159. Mr. Durkan asked the Minister for For- 13. Mr. Stanton asked the Minister for Foreign eign Affairs if the recent rejection by France of Affairs if he will make a statement on the upcom- the EU Constitution has implications for ing referendum on the EU Constitution in Ireland’s proposals to ratify the Constitution; and Denmark. [18580/05] if he will make a statement on the matter. 22. Mr. Perry asked the Minister for Foreign [18847/05] Affairs when the Referendum Commission will 160. Mr. Durkan asked the Minister for For- be established in respect of the 28th Amendment eign Affairs if he has had discussions with his EU of the Constitution; and if he will make a state- colleagues in the wake of France’s rejection of ment on the matter. [18585/05] the EU Constitution with a view to addressing 28. Mr. Hogan asked the Minister for Foreign the issues; and if he will make a statement on the Affairs if he will make a statement on the upcom- matter. [18848/05] ing referendum on the EU Constitution in the 165. Mr. Durkan asked the Minister for For- Netherlands. [18578/05] eign Affairs his proposals to address the issues 31. Mr. O’Dowd asked the Minister for Foreign arising from the rejection by France of the EU Affairs if the referendum on the EU Constitution Constitution; and if he will make a statement on will be held in 2005; and if he will make a state- the matter. [18853/05] ment on the matter. [18598/05] Minister for Foreign Affairs (Mr. D. Ahern): I 35. Mr. Gormley asked the Minister for For- propose to take Questions Nos. 13, 22, 28, 31, 35, eign Affairs his views on the recent EU refer- 39, 43, 57, 60, 93, 152, 158 to 160, inclusive, and endums in France and the Netherlands; the impli- 165 together. 1261 Questions— 2 June 2005. Written Answers 1262

As regards the Government’s overall reaction capacity for energy purposes; and if he will make to the outcome of the French and Dutch refer- a statement on the matter. [18479/05] endums on the EU Constitution, I refer Deputies to the response to Priority Questions No. 2 and 83. Mr. Naughten asked the Minister for For- 4. The question of a referendum in Denmark is eign Affairs the progress being made on the for the Danish people and their Government. review of the nuclear non-proliferation treaty; The referendum is scheduled for 27 September. and if he will make a statement on the matter. The indications are that it is the current intention [18635/05] of the Danish Government to proceed. 94. Mr. Cuffe asked the Minister for Foreign In relation to the timing of the Irish refer- Affairs if he will report on his speech to the sev- endum, no date has yet been set. We are continu- enth review conference of the non-proliferation ing to make the preparations necessary to allow treaty in New York; and if he will make a state- for ratification by the target date of November ment on the matter. [18643/05] 2006. The publication last week of the 28th Amendment of the Constitution Bill was an Minister for Foreign Affairs (Mr. D. Ahern): I important step in this regard. propose to take Questions Nos. 14, 49, 83 and In advance of the finalisation of the Bill, the 94 together. Government consulted with those parties which The Treaty on the Non-Proliferation of had indicated clear support for the EU Consti- Nuclear Weapons, NPT, which is the most univer- tution and reached a broad consensus with them. sal of all of the multilateral instruments in the On the day of the Bill’s publication, last Thurs- field of disarmament and non-proliferation, came day, I briefed the Green Party and organised an into force in 1970. The treaty has been reviewed official level briefing for Sinn Fe´in. at five-year intervals to assess progress under its Under the Referendum Acts, the publication three pillars of disarmament, non-proliferation, of the Bill allows for the establishment of the and the peaceful uses of nuclear energy. The sev- Referendum Commission through an order made enth NPT review conference took place on 2 to by the Minister for the Environment, Heritage 27 May 2005 at the United Nations in New York. and Local Government. The Government has During the general debate, I delivered a state- made clear that the Referendum Commission will ment on behalf of Ireland, the full text of which have the time and resources necessary to carry is available on the Department’s website. out its tasks, which include informing the public In my statement, I recalled Ireland’s close on the subject matter of a referendum and association with the treaty, which was negotiated encouraging voter turnout. following an initiative taken by the then Minister In addition, the Government, and others, have for Foreign Affairs, Mr. Frank Aiken, in 1958. I been making strenuous efforts to publicise and noted that the Government’s highest priority in explain the EU Constitution. The National the field of disarmament and non-proliferation is Forum on Europe has had a very busy schedule support for efforts to strengthen the treaty. In the of meetings in recent months, including several course of my remarks, I referred to the need to meetings outside Dublin. Both the Government address serious challenges which have subjected and the forum published initial explanatory the global non-proliferation regime to severe material on the EU Constitution last autumn. My strain in recent years. I also emphasised the part- Department has since then launched a dedicated icular importance attached by Ireland to fulfil- website on the EU Constitution and the Govern- ment of the nuclear disarmament obligations set ment has prepared a comprehensive White Paper out in Article VI of the treaty and reaffirmed and which will be ready for publication shortly. We developed at previous NPT review conferences. would also intend to circulate summary infor- Under this Article, the states parties, including mation material to every household. the five nuclear weapon states, China, France, the Russian Federation, the UK and US, undertook Nuclear Disarmament Initiative. to pursue negotiations in good faith on effective measures leading to nuclear disarmament. 14. Mr. Penrose asked the Minister for Foreign I also drew attention to a number of important Affairs if he will report on his attendance at the questions which the conference should address. seventh review conference of the Treaty on the These included consideration of the implications Non-Proliferation of Nuclear Weapons in New of states parties deciding to withdraw from the York; the Government’s priorities in this regard; treaty. I also called for the strengthening of the and if he will make a statement on the matter. IAEA safeguards system. I suggested that the [18498/05] current safeguards agreements, under which the 49. Mr. Stagg asked the Minister for Foreign agency verifies that nuclear materials and facili- Affairs if he will report on such progress as has ties in non-nuclear weapons states are used for been made on the implementation of the nuclear peaceful purposes, should be reinforced by the non-proliferation treaty; his views on whether IAEA additional protocol, which requires states provisions in the treaty require existing nations parties to provide additional information and with nuclear capacity to reduce transparently access to the agency inspectors. their arms; his further views on whether the I underlined my belief that the continued treaty envisaged a complete block on nuclear retention of nuclear weapons, or the unsatisfac- 1263 Questions— 2 June 2005. Written Answers 1264

[Mr. D. Ahern.] out precedent in the 35 year history of the treaty tory rate of progress in their elimination, can but it is all the more worrying given the scale of never serve as a justification for their develop- the challenges which have threatened to under- ment by other states. I also stressed the need to mine the authority and credibility of the non-pro- respect the current moratorium on testing pend- liferation regime and risk its further erosion. The ing the early entry into force of the comprehen- challenges remain to be tackled and we must sive test ban treaty, CTBT, which prohibits states work with our partners in the EU and other parties from carrying out any nuclear explosion. groups to find a way to make progress. I called for the negotiation, without delay, of a The United Nations Secretary General, Kofi fissile material cut-off treaty, FMCT, which Annan, in addressing the current situation, has would ban the further production of fissile stressed the need for leadership and pointed to materials for use in nuclear weapons. the forthcoming meeting of Heads of State and The review conference ended last Friday with- Government in New York in September as a out agreement on substantive conclusions and crucial opportunity to show such leadership. He recommendations on how to strengthen the non- has called on them to break the deadlock on the proliferation regime. While delegations were able most pressing challenges in the field of nuclear to address substance in both the general debate non-proliferation and disarmament and to take and discussions in the three main committees, concrete steps to revitalise the NPT. We believe some two and a half weeks out of the four weeks that states parties to the NPT must respond to were taken up by difficulties in respect of the the Secretary General’s call and seek to identify agenda and organisation of work. ways that the NPT regime can be further The Government is particularly disappointed strengthened. We are firmly of the view that the that it did not prove possible to make further pro- NPT is now more than ever of tremendous gress on the implementation of the nuclear dis- importance to the achievement of international armament obligation as set out in Article VI of peace and security. As I noted in my address, our the treaty. What we regard as the central bargain success in halting the erosion of the non-prolifer- of the treaty, that the non-nuclear weapon states ation regime will be an acid test of the effective- would not develop such weapons in return for ness of the entire multilateral system. which the nuclear weapon states would reduce and eliminate their nuclear weapons, was further Foreign Conflicts. developed at the NPT review conferences in 1995 15. Mr. Connaughton asked the Minister for and 2000. In 1995, states parties adopted a work Foreign Affairs if he will report on the humani- programme on nuclear disarmament, which tarian situation in Iraq; and if he will make a included the completion of negotiations of the statement on the matter. [18594/05] CTBT, the immediate commencement of nego- Minister of State at the Department of Foreign tiations on the FMCT and the pursuit by nuclear Affairs (Mr. C. Lenihan): The security situation weapons states of systematic and progressive in Iraq has greatly reduced the capacity of those efforts to reduce nuclear weapons globally. working in the humanitarian field to provide Ireland, as a member of the New Agenda Coali- assistance to the civilian population and has also tion, NAC, was actively involved in the nego- resulted in a slowing down of reconstruction tiation of the 2000 final document, which includes programmes in the country. Over the past the unequivocal undertaking by the nuclear wea- months, many humanitarian agencies have been pons states to accomplish the total elimination of forced to leave Iraq altogether following armed their nuclear arsenals and which we believe pro- attacks and kidnappings of aid workers. The vides a realistic blueprint for achieving nuclear House is well aware of the price paid by such disarmament. We had hoped that the most recent dedicated and courageous humanitarians as our review conference would have enabled us to build own Margaret Hassan, whose death in November on these earlier documents by agreeing to accel- of last year reminded us all of the risks involved erate their implementation. in operating in an environment as dangerous as Ireland acknowledges the right of states parties that of Iraq. Even the most dedicated and cour- to the NPT under Article IV of the treaty to ageous, however, are finding it increasingly diffi- develop research, production and use of nuclear cult to work in such circumstances. In early May, energy for peaceful purposes, in conformity with the International Committee of the Red Cross, the safeguards obligations of the treaty. At the which had been the only international relief same time, we have made clear on various agency to maintain a continuous operational occasions that we do not, ourselves, wish to exer- presence in central, southern and northern parts cise that right. of Iraq since the start of the current conflict, was The Government is deeply disappointed at the compelled to suspend virtually all assistance outcome of the conference which we feel is a mis- activities in the country. sed opportunity for the international community Problems of humanitarian access mean that it to tackle, together, some key threats to global is difficult to get precise statistics on the extent of peace and security and to agree an effective col- the suffering of the civilian population. According lective response. Failure of NPT review con- to UN agency and Red Cross reports, large ferences to reach a substantive result is not with- numbers of civilians have been displaced and 1265 Questions— 2 June 2005. Written Answers 1266 essential services, such as water, healthcare, elec- shelter. This comprises the provision of technical tricity and education, have been severely dis- assistance, public information, consultancy, civil rupted in many areas because of both the actions works and engineering services and the acquis- of insurgents and the military response of the ition and installation of equipment. coalition forces to the insurgency. The humani- Ireland has made a significant bilateral contri- tarian situation is especially worrying in and bution to the fund against a background of strong around areas such as Fallujah, Ramadi, Kirkuk, and continuing public support for the victims of Mosul and Al-Qaim. the Chernobyl disaster and awareness and con- Since the beginning of the current conflict, the cern about the dangers of nuclear energy. At the Government has committed itself to providing initial pledging conference for the fund in 1997 assistance to the Iraqi people. In 2003, assistance Ireland committed a contribution of US$2.9 mil- worth \5 million was delivered by Ireland to meet lion over three years. A second contribution of the immediate emergency humanitarian needs of US$2.9 million covering a further three year some of the most vulnerable in that country. period was committed at a further pledging con- Funding was delivered through key NGO part- ference held in 2000. At a pledging conference ners such as Concern, Goal and Tro´ caire and held in London last month, we made a further through UN and international agencies such as commitment to continue funding in the amount the World Food Programme, the United Nations of \2.565 million over the period 2004-06. A total Children’s Fund, UNICEF, the UN Office for the of US$935 million has been pledged to the fund Co-ordination of Humanitarian Affairs and the to date by the international community, including Red Cross family. a significant contribution by the European Union. In October 2003, the Government pledged a Ireland’s contribution to the Chernobyl shelter further \3 million at the donors’ conference on fund appears as a charge on the Department of Iraq in Madrid. To date, \1.5 million of this Foreign Affairs Vote. pledge has been delivered. Some \1 million has Twice yearly assembly of contributors meetings been channelled through the international recon- are held at the EBRD to review progress on the struction facility for Iraq to support UNICEF’s project and to approve the relevant financial primary education programme. Some \500,000 reports. These are attended at official level by has been delivered to the NGO AMAR for Ireland and the other contributors. The most health care programmes to assist the Marsh Arab recent meeting was held on 12 May at which, inter population of southern Iraq, which suffered con- alia, the annual financial report for the fund for siderably under the former regime. 2004 was approved. Ireland is represented on the The ongoing security situation in Iraq and the board of governors of the EBRD by the Minister operational constraints on humanitarian organis- for Finance, Deputy Cowen, and on the board of ations have impacted on the draw-down of directors by Mr. Desmond O’Malley. pledged funding. However, the Government remains ready to commit the balance of the fund- Foreign Conflicts. ing as soon as suitable humanitarian programmes, 17. Mr. Boyle asked the Minister for Foreign which can be delivered in this challenging envir- Affairs if he will report on the recent EU Foreign onment, are identified by UN or international Ministers’ statement on 23 May 2005 on Uzbekis- agencies and NGOs. tan; and if he will make a statement on the matter. [18642/05] Chernobyl Shelter Fund. Minister for Foreign Affairs (Mr. D. Ahern): 16. Ms Shortall asked the Minister for Foreign At its meeting on 23 May, the External Relations Affairs the procedures which are in place, or that Council expressed profound concern at devel- he proposes, in order to account for Irish contri- opments in eastern Uzbekistan and deeply regret- butions to the Chernobyl shelter fund; the way in ted the appalling loss of life following events in which the amount contributed by Ireland is spent; the town of Andijan on 13 May. The Council and if he will make a statement on the matter. strongly condemned the reported use of force by [18507/05] the Uzbek security forces, which it characterised Minister for Foreign Affairs (Mr. D. Ahern): as “excessive, disproportionate and indiscrimi- The Chernobyl shelter fund was established as a nate.” It urged the Uzbek authorities to act with multi-lateral funding mechanism to assist Ukraine restraint to avoid further loss of life and encour- in transforming an existing unsafe and hastily aged all sides to work towards a peaceful and sus- built shelter around the nuclear reactor destroyed tainable solution to the situation. in the accident at Chernobyl in 1986 into a safe The Council also expressed concern about the and environmentally stable system. situation of Uzbek refugees who have crossed The fund is administered and managed by the into Kyrgyzstan and urged both countries to European Bank for Reconstruction and Develop- respect their commitments under international ment, EBRD, under the terms of the rules of the conventions on internally displaced persons and fund approved by the board of directors of the refugees. The Ministers called on the Uzbek auth- EBRD in 1997. The fund’s objective is to finance, orities to grant immediate and unimpeded access through specific grants, the provision of works to humanitarian agencies and other relevant and services necessary to transform the existing international organisations to the area. The 1267 Questions— 2 June 2005. Written Answers 1268

[Mr. D. Ahern.] their support or opposition; if staff in DCI sup- Council signalled its readiness to use instruments port the plan; and if he will make a statement on available under the EU-Uzbekistan Partnership the matter. [18646/05] and Co-operation Agreement to assist the 66. Mr. Connaughton asked the Minister for affected population in its immediate humani- Foreign Affairs his views on the decentralisation tarian needs. proposals which may undermine the effectiveness The Council deeply regretted the failure of the of the Government overseas aid programme; and Uzbek authorities to respond adequately to the if he will make a statement on the matter. call from the United Nations for an independent [18629/05] international enquiry to take place. It urged them to reconsider their position and stated that the Minister of State at the Department of Foreign Council would consider further steps, depending Affairs (Mr. C. Lenihan): I propose to take Ques- on the response. tions Nos. 18, 59, 63 and 66 together. Previously on 18 May, I expressed my deep I refer the Deputies to my reply to Priority concern at the reports of killings of unarmed civ- Question No. 1. As regards the grades of staff ilians and called for the facts to be independently involved, I have made available with my earlier established. I also said that the root causes of the reply a table detailing applications which have instability needed to be addressed. This will no been made under the central applications facility, doubt require political and economic reforms in CAF, for Development Cooperation Ireland order to improve the daily lives of all the people posts in Limerick. A number of representations of Uzbekistan. This point was taken up in the have been received referring to potential risks to Council conclusions which urged the Uzbek auth- the aid programme arising from decentralisation orities to carry out domestic reforms essential for to Limerick. We will do everything in our power social and economic development and for the to mitigate those risks. achievement of democracy and stability in the Decentralisation is a voluntary process. To country. The conclusions stated that the Council date, a number of staff have chosen to move with would co-ordinate with the OSCE, the Russian Development Cooperation Ireland to Limerick. I Federation and the United States in order to hope that more will volunteer as we approach the effectively support reforms. decentralisation date. In addition, a number of In view of reports in recent days that some staff of my Department have opted for decentra- refugees are being forced to return to Uzbekistan lisation with other Departments. from Kyrgyzstan, I would like to reiterate the The position in regard to development special- importance we attach to full compliance by both ists who do not opt to transfer to Limerick is countries with international conventions on dependent on the outcome of a case before the internally displaced persons and refugees. It is Labour Court and central negotiations between vital that the human rights and dignity of those unions and the Department of Finance. For all who have fled as a result of the unrest in Uzbekis- staff in Development Cooperation Ireland, tan be respected. In my view, a failure to inde- decentralisation will mean a period of change. pendently investigate the events at Andijan Major challenges will have to be faced. Senior cannot be without consequences for relations management in Development Cooperation with the European Union. If the Uzbek auth- Ireland are making every effort to ensure that orities persist in their refusal to establish a fully there is full and satisfactory communication and independent inquiry, further measures will have consultation with staff during this period. to be considered at a future Council meeting. Humanitarian Disasters. Decentralisation Programme. 19. Mr. Penrose asked the Minister for Foreign 18. Mr. McCormack asked the Minister for Affairs his plans for the establishment of a civ- Foreign Affairs the timescale for the decentralis- ilian response group to act as a rapid reaction ation of Development Cooperation Ireland to force in natural and humanitarian disasters Limerick; and if he will make a statement on the abroad; when he will bring such proposals to matter. [18630/05] Cabinet; the type of functions this group will be involved in; the way in which such a group will 59. Mr. Ring asked the Minister for Foreign be funded; the identity of the ultimate authority Affairs the number of staff members of Develop- in charge of such a group; and if he will make a ment Cooperation Ireland who have signalled statement on the matter. [18497/05] their intention to decentralise; their roles and positions within the organisation; and if he will Minister for Foreign Affairs (Mr. D. Ahern): make a statement on the matter. [18631/05] In the context of examining the opportunities for better co-ordination and operational response to 63. Mr. Gogarty asked the Minister for Foreign future disasters and humanitarian emergencies Affairs the representations made by aid agencies, abroad, an interdepartmental audit of the assets unions and others regarding the decentralisation and capacities available to Ireland is currently of Development Cooperation Ireland to underway. Limerick; if they have been supportive of or over- This audit is intended to identify gaps and whelmingly opposed to the plan; the reasons for shortfalls in overall international capabilities at 1269 Questions— 2 June 2005. Written Answers 1270

EU and UN level where Ireland might practically Dr. Mudawi was detained on 8 May 2005, make a contribution. The audit will also examine shortly before he was due to travel to Ireland to how Ireland might best fill gaps that have been be presented with the inaugural front line award identified and the costs associated with the pro- for human rights defenders by President vision of trained and available assets. Once this McAleese. Three days later, Dr. Mudawi and his audit is completed, which I expect will be in the colleague Mr. Yasir Salim were charged under coming months, we will be in a clearer position to the Sudanese penal code with espionage against decide how Ireland can best contribute to overall the country and entering and photographing international efforts to assist in large-scale rapid military areas and works. The first charge carries onset emergency situations. a potential penalty of death or life imprisonment. Since the Asian tsunami disaster, the issue of On Friday, 13 May 2005 the front line award was responding effectively to natural and humani- accepted on Dr. Mudawi’s behalf by his wife, tarian disasters abroad has been a particular focus Mrs. Sabah Mohammed Adam Ali and daughter of European Union deliberations. The main chal- Huda from President McAleese at a ceremony lenge for the EU is to ensure that it is able to held in Dublin’s City Hall. Following Dr. Mud- respond rapidly and flexibly. Whether this is awi’s detention, the Minister of State, Deputy through improving mechanisms that already exist Conor Lenihan, contacted senior officials of the to respond to these type of events — such as the Sudanese Ministry of Foreign Affairs on his mechanism for civil protection or European behalf, while the Irish ambassador in Cairo and, Security and Defence Policy, ESDP, civilian at our request, the representatives of the EU capabilities or through creating a new rapid Presidency in Khartoum also followed up this response structure is an issue that is currently case actively. Both Seanad E´ ireann and the Euro- being discussed by member states. pean Parliament adopted resolutions calling for Ireland has consistently supported the develop- the immediate release of Dr. Mudawi. The ment of the EU’s civilian capabilities to respond Government of Sudan’s decision to release Dr. to crisis situations, both in respect of natural dis- Mudawi and his colleague reflects recognition of asters, such as the Asian tsunami, and in the con- the widespread international concern which this text of conflict and post-conflict scenarios. We case had generated. have committed civilian resources through both At the time of Dr. Mudawi’s release on 16 the community mechanism for civil protection May, the Government welcomed this decision by and, more broadly, through the civilian capabili- the Government of Sudan and the Minister of ties commitment process under the ESDP. These State wrote to the Sudanese Minister of Foreign resources range from police capabilities to rule of Affairs in a letter which also expressed hope that law experts to civil protection personnel. this release will be followed by the speedy con- clusion of the case against Dr. Mudawi and Mr. Human Rights Issues. Salim once the Sudanese legal authorities have completed their investigations. He also called for 20. Ms Shortall asked the Minister for Foreign the release of three other members of SUDO Affairs his views on the release from detention in who are currently being detained. Khartoum of a person (details supplied); if the One of the key priorities in the field of human Government made any representations to Sud- rights during the 2004 Irish Presidency of the anese authorities to secure this person’s release; European Union was the adoption by member and if he will make a statement on the matter. states of guidelines on human rights defenders. [18508/05] The guidelines aim to mainstream concern for Minister for Foreign Affairs (Mr. D. Ahern): human rights defenders into EU foreign policy. Dr. Mudawi Ibrahim Adam is the chairperson of The cases of Dr. Mudawi and his colleagues the Sudan Social Development Organisation, amply illustrate the continuing need for action in this area. The Government will continue to moni- SUDO, a voluntary organisation created to pro- tor the situation in Sudan and of human rights mote sustainable development and human rights defenders around the world. in Sudan. It is engaged in humanitarian activities in the Darfur region as well as in human rights 21. Mr. Ring asked the Minister for Foreign education and development projects throughout Affairs the position regarding the detention of Sudan. Dr. Mudawi was previously arrested on 24 Roy Bennett MP in Zimbabwe; and if he will January 2005 and detained until 8 March 2005, make a statement on the matter. [18606/05] when he was released on bail. While in custody he went on hunger strike and was subsequently Minister for Foreign Affairs (Mr. D. Ahern): I charged with attempting to commit suicide. This remain very concerned at the continuing deten- charge has not yet been formally withdrawn. In tion and treatment of Mr. Roy Bennett, the 2004, Dr. Mudawi spent seven months in police former MDC, Movement for Democratic custody, having been charged, in connection with Change, MP for the Chimanimani constituency in his human rights work, of committing offences the Zimbabwean parliament who was sentenced against the state. Following the hearing of his trial by the Zimbabwean parliament last October to on 7 August 2004, all charges against Dr. Mudawi 12 months imprisonment for pushing the were dropped and he was released. Zimbabwean Minister for Justice during a 1271 Questions— 2 June 2005. Written Answers 1272

[Mr. D. Ahern.] Northern Ireland Issues. parliamentary debate, an offence which, if heard 23. Mr. O’Shea asked the Minister for Foreign in an ordinary civil court, would only have Affairs if he will report on the current state of the attracted a small fine as a maximum penalty. Northern Irish peace process and such recent Having been initially cleared by the talks as have taken place with the parties in Zimbabwean electoral court to stand in the Northern Ireland and the British Government; parliamentary election on 31 March last, Mr. the proposals which the Irish Government has for Bennett was subsequently prevented from doing breaking the current impasse; and if he will make so, following a decision by the Zimbabwean a statement on the matter. [18493/05] government to appeal the electoral court ruling. In his absence, Mr. Bennett’s wife, Heather, con- 42. Mr. Rabbitte asked the Minister for Foreign tested his seat but was defeated by the ZANU- Affairs his views on whether the outcome of the PF candidate. I understand that the MDC is con- Westminster elections in the North makes reach- testing the result in Mr. Bennett’s Chimanimani ing an agreement on the re-establishment of the constituency, in a case lodged with the institutions created under the Good Friday Zimbabwean electoral court. Agreement more or less likely in the short to On 9 May, Mr. Bennett was transferred from medium-term; his strategy for the months ahead Mutoko prison to Chikurubi reform prison, a in terms of engagement with the North’s political high security penitentiary facility near Harare. No parties and the British Government; and if he will explanation has been provided to either Mr. make a statement on the matter. [18502/05] Bennett’s family or his lawyers as to the reasons for his transfer. The Zimbabwe Lawyers for Minister for Foreign Affairs (Mr. D. Ahern): I Human Rights, ZLHR, has expressed concerns propose to take Questions Nos. 23 and 42 about the reasons for the transfer and the appar- together. ently very poor conditions in which Mr. Bennett As joint guarantor of the Good Friday Agree- is now being detained in Chikurubi prison. The ment, along with the British Government, we are ZLHR has also expressed concern that Mr. committed to its full implementation. In the after- Bennett’s health will deteriorate even further math of the local and Westminster elections, I under the conditions in which he is now being believe it is important to advance this vital pro- detained and they have filed a case with the ject, to resolve the crisis of trust and confidence African Commission on Human and People’s and move beyond the current political stalemate. Right for his immediate release. The Government’s priority in the coming Separate legal proceedings are also being taken weeks and months is to encourage and facilitate in the Zimbabwean Supreme Court with a view the necessary definitive closure of paramilitarism to securing Mr. Bennett’s release. Following a and criminality. This requirement applies to all two day hearing on 26 to 27 May, the Supreme paramilitary organisations but IRA compliance is Court in Harare reserved judgement indefinitely particularly important if there is to be any pros- in the case taken by Mr. Bennett’s lawyers. There pect of restoring inclusive devolved institutions in are no indications of any intention on the part Northern Ireland. We now need the IRA to of the Zimbabwean Government to release Mr. deliver a clear and decisive response. Bennett before the completion of his 12 month As I said in a recent speech at UCD, “if sentence next October. the IRA is decisively removed from the equation The Government, through the Irish ambassa- . . ., and if that outcome is validated and verified dor to South Africa who is also accredited to by the Independent International Commission on Zimbabwe, has been active in making known to Decommissioning and by the Independent Moni- the Zimbabwean authorities its serious concerns toring Commission, the Irish Government will regarding the imprisonment and treatment of Mr. expect the DUP to commit itself to inclusive Bennett. These concerns will be reiterated when power-sharing within the Assembly and the the ambassador pays a further visit to Zimbabwe Executive and to fully work the North-South next week. The ambassador will also draw the institutions of the Agreement”. attention of the Zimbabwean authorities to the The results of the elections have consolidated terms of the motion adopted unanimously by Da´il the leadership positions held by the DUP and E´ ireann on 24 March 2005 expressing concern at Sinn Fe´in in the Unionist and Nationalist com- the treatment afforded to Mr. Bennett and at his munities, respectively. There is a correspondingly politically motivated sentencing. A copy of this increased responsibility on them to work to motion has already been forwarded to the achieve the restoration of the institutions. At the speaker of the Zimbabwean Parliament, via the same time, the SDLP, UUP and the Alliance embassy in South Africa. We will also continue Party continue to have considerable electoral to raise the issue at EU level and urge EU mandates and have important roles to play. The ambassadors in Harare to be active on Mr. Government is continuing with our contacts with Bennett’s behalf. all parties to move matters forward and, along with the Taoiseach, I met the SDLP leader, Mark Question No. 22 answered with Question Durkan, and a delegation from the party on 23 No. 13. May. 1273 Questions— 2 June 2005. Written Answers 1274

We are also working in partnership with the related to the International Criminal Court. The British Government to continue to implement the EU remains willing to engage in such dialogue Agreement, and a meeting of the British-Irish and maintains contact with the US on the matter. Intergovernmental Conference will take place towards the end of this month. The conference Inter-country Adoptions. will have a full agenda, including in the areas of 25. Mr. Noonan asked the Minister for Foreign justice and security, equality, and human rights. Affairs the position regarding the case of a person We remain fully committed to the full and (details supplied) now resident in an orphanage stable operation of all the institutions of the in Indonesia; and if he will make a statement on Good Friday Agreement on an inclusive basis. the matter. [18633/05] That is what the people voted for when they sol- emnly endorsed the Agreement in referendums 86. Mr. Neville asked the Minister for Foreign in both parts of the island. Affairs if officials of his Department are still in contact with Indonesian authorities on behalf of International Criminal Court. a person (details supplied) resident in an orphan- 24. Mr. Timmins asked the Minister for Foreign age in Indonesia; and if he will make a statement Affairs if the EU has held recent discussions with on the matter. [18634/05] the United States regarding recognition of the 154. Mr. Connolly asked the Minister for For- International Criminal Court by that country; and eign Affairs if he proposes to enter into dis- if he will make a statement on the matter. cussions with the Indonesian authorities in order [18616/05] that the best interests of a person (details Minister for Foreign Affairs (Mr. D. Ahern): supplied) are upheld; and if he will make a state- The EU has been a consistent and strong sup- ment on the matter. [18780/05] porter of the International Criminal Court, and Minister for Foreign Affairs (Mr. D. Ahern): I has taken a leading role internationally in pro- propose to take Questions Nos. 25, 86 and 154 moting the court. This position has been recog- together. nised in its Common Positions on the Inter- This is a most complex and highly sensitive national Criminal Court, the most recent of case. The Minister of State, Deputy Treacy, out- which, of June 2003, commits the Union and its lined the case in detail to the House in recent member states to support the effective func- weeks. I stress that from the beginning the tioning of the court, and to advance universal Government has been actively engaged in seek- support for it by promoting the widest possible ing to find a solution to this difficult case. An participation in the Rome statute. In February embassy official was sent to the orphanage 2004, a detailed action plan on the implemen- immediately after we learned of Tristan’s situa- tation of the 2003 Common Position was adopted. tion to check on his welfare and, since then, the The EU has identified the achievement of Department has been actively seeking clarity on further ratifications of-accessions to the Rome his status. Tristan’s welfare and best interests statute as a particular priority. Further ratifica- have always been and remain our foremost tions and accessions boost the credibility of the priority. court, as well as increase the court’s operational A delegation joined the Irish ambassador in capacity to deal with alleged crimes, as states par- Jakarta last month with instructions from the ties are obliged to assist the ICC in its investi- Government to take all appropriate steps to gations. To date, 99 states have ratified or move this case forward. The delegation consisted acceded to the Rome statute of the International of the deputy legal adviser of the Department of Criminal Court. Foreign Affairs, a member of the Adoption The United States of America signed the Rome Board and its senior social worker. During their statute of the International Criminal Court in visit they met Indonesian Government officials December 2000. However, in May 2002, the US and others with the aim of seeking to identify the informed the Secretary General of the United child’s needs and working towards meeting them. Nations that it did not intend to become party to For their part, the Indonesian authorities under- the statute and that accordingly, it had no obli- took to contact us shortly in relation to how they gations arising from its signature. propose to deal with the situation. We will, of The objections of the US to the International course, keep in close contact with them and, in Criminal Court are based on its view that, this regard, the ambassador has returned to because of the independence of the prosecutor of Jakarta this week for further meetings. the ICC, US citizens and in particular its military High Court proceedings against Joseph Dowse forces, could be subjected to politically motivated and Lala Dowse have been instigated by the prosecutions. As I have stated before, while I Attorney General in his role as protector of the recognise these concerns, I do not share them nor unprotected. As the matter is before the court, it are they shared by our EU partners. is not appropriate to comment further. The Council of the European Union, in its con- clusions of 30 September 2002, proposed to Code of Conduct. develop a broader dialogue between the Euro- pean Union and the United States on all matters 26. Mr. McGinley asked the Minister for For- 1275 Questions— 2 June 2005. Written Answers 1276

[Mr. McGinley.] more precise sense of the size of our undocu- eign Affairs if his Department has a code of con- mented population, including the possibility of duct; if that code includes reference to tackling setting up an on-line database for this purpose. racist or inappropriate language; and if he will However, the widespread view was that our make a statement on the matter. [18626/05] undocumented would be very unlikely to register on a database. I can understand this and remain Minister for Foreign Affairs (Mr. D. Ahern): open to any further suggestions which may assist. The staff of the Department of Foreign Affairs I would again like warmly to commend the role are subject to the terms of the Civil Service Code and work of the immigration centres in the US, of Standards and Behaviour. Under section 10 of in particular the support, information and advice the code, behaviour at work, civil servants are which they make available to our communities required to ensure that non-discriminatory langu- there. Funding from my Department to these age is used in all communications, both internal organisations increased by 83% last year. I am and external, including display material and docu- pleased that, given the substantial increase in ments in electronic form. Under section 12, funding secured for emigrant services in 2005, I relations with colleagues, civil servants must show will be in a position to grant even more support due respect for their colleagues and their values to them this year. and beliefs and must not discriminate against col- On the broader front, there has been some leagues on the basis of their gender, race, sexual positive progress on immigration reform. In a sig- orientation, membership of the traveller com- nificant development on 12 May, Senators munity, disability, age, marital status, family McCain and Kennedy, in cooperation with sev- status or religious belief. Copies of the code have eral of their colleagues in the House of Represen- been circulated to all staff in the Department and tatives, published a Bill which would grant arrangements made to provide copies to all new undocumented people an opportunity to regular- entrants. ise their status. I warmly welcome this important, Undocumented Irish Emigrants. timely and very positive contribution to advanc- ing the debate on this sensitive issue. Our priority 27. Mr. Sargent asked the Minister for Foreign in the period ahead will be to lobby strongly in Affairs his proposal for an on-line database for support of the Kennedy and McCain Bill, and to illegal Irish emigrants living in the United States; encourage the White House to become actively and if he will make a statement on the matter. involved in the immigration reform process. [18649/05] 102. Mr. Quinn asked the Minister for Foreign Question No. 28 answered with Question Affairs his proposals for an on-line database for No. 13. illegal Irish emigrants living in the United States; EU Enlargement. the reason there is such a conflict between US and Irish Government estimates concerning the 29. Ms Enright asked the Minister for Foreign actual number of illegal Irish emigrants living and Affairs if progress has been made with regard to working in the United States; his views on Croatian entry talks to the European Union; and whether such a database is a workable proposal; if he will make a statement on the matter. if his attention has been drawn to opposition to [18600/05] the plan from Irish emigrant lobby groups in the Minister for Foreign Affairs (Mr. D. Ahern): US; and if he will make a statement on the Croatia applied for membership of the European matter. [18499/05] Union in 2003, and the Commission presented its Minister for Foreign Affairs (Mr. D. Ahern): I formal opinion on the application in April 2004. propose to take Questions Nos. 27 and 102 The June 2004 European Council agreed that together. Croatia fulfils the Copenhagen political criteria There is no firm figure for the number of and the specific conditions established for the undocumented Irish emigrants in the United countries of the western Balkans. It decided that States. There are a number of estimates, includ- Croatia is a candidate country for membership, ing a figure of 3,000 by the US authorities for the and that accession negotiations should open early year 2000. This seems to the Irish immigration in 2005. This decision was confirmed by the centres to be a very low figure. More recently, December 2004 European Council, which a figure of 50,000 has been mentioned in some decided that negotiations should open on 17 quarters but this is probably too high. In an over- March 2005, provided there was full cooperation all statistical context, the numbers of Irish with the International Criminal Tribunal for the undocumented are not significant, given that the former Yugoslavia. total number of undocumented is believed to be When the General Affairs Council met in over 9 million, of whom the overwhelming Brussels on 16 March, it was clear that it would majority are Hispanic. not be possible to achieve the unanimous decision The Taoiseach and I had a very positive dis- of member states that is required for the opening cussion on immigration reform with President of accession negotiations. The Council reaffirmed Bush on St. Patrick’s Day. Following this, I asked the commitment of the EU to Croatia’s member- my officials to look again at ways of getting a ship, and it adopted the necessary negotiating 1277 Questions— 2 June 2005. Written Answers 1278 framework. However, in the absence of una- October 2005. The pace of the negotiations will nimity on the extent of Croatia’s co-operation depend in large part on progress in the implemen- with the tribunal, the council postponed the meet- tation of Turkey’s wide-ranging reform ing of the bilateral intergovernmental conference programme. to begin accession negotiations until it establishes Turkey has made very significant progress in that Croatia is cooperating fully with the tribunal. recent years in legislating for reform. Important The tribunal has identified a single remaining human rights reforms have been introduced, case which Croatia needs to resolve, that of the including legislation to protect freedom of indicted former general Ante Gotovina, who expression and freedom of assembly, and the remains in hiding. The European Council in rights of women. In taking the decision to open Brussels on 23 March agreed to establish a team accession negotiations, the December European to work with the tribunal and with Croatia, and Council emphasised the importance of sustaining to report back to the council. The team is com- the reform process and it underlined the need for posed of the current and future presidencies of early progress on six specific items of legislation Luxembourg, UK and Austria, together with identified by the Commission. I welcome the High Representative Solana and the Commission. entry into force of five of these legislative It held its first meetings with the chief prosecutor reforms, on schedule, by 1 April 2005. The sixth, of the tribunal and the foreign minister of the comprehensive reform of the Turkish penal Croatia, in Luxembourg on 26 April. On the basis code, was approved by the Turkish Parliament on of developments, the forthcoming European 27 May. Council on 16-17 June will consider whether suf- The December European Council expressed ficient progress has been made for a decision to confidence that Turkey will continue to address open the accession negotiations with Croatia. I areas in which reforms are needed. These include look forward to a detailed preparatory discussion points of continuing concern which have been at the General Affairs Council on 13 June. clearly identified by the Commission, including The Government remains strongly committed freedom of religion, freedom of expression, to Croatia’s future membership of the European women’s rights, and the zero tolerance policy in Union. We were very pleased that it proved pos- the fight against torture. The Commission will sible to achieve a strong, unanimous decision by continue to monitor the reform process closely. It the European Council on Croatia’s candidate is essential that it is seen to be irreversible and status during Ireland’s EU Presidency. We agree that reform legislation is fully implemented on the importance of full co-operation with the throughout the country and at all levels of the tribunal by all the countries of the western Balk- administration. In the period ahead, member ans, and that it is an essential requirement for the states will consider proposals from the Com- development of closer relations with the EU. mission for a revised accession partnership with Over the past 18 months, Croatia has made very Turkey, setting out priorities for the continued significant progress in its cooperation with the tri- implementation of the reform process. The bunal, and I hope that the last remaining issue Council will also consider proposals from the can be resolved as quickly a possible. I believe it Commission for a detailed framework for the is important that the Council remains ready to accession negotiations. take a positive decision on the opening of Turkey is also committed to signing the proto- accession negotiations with Croatia, at the earl- col adapting the 1963 Ankara agreement of iest opportunity. association in order to take account of the accession of ten new member states, including the 30. Mr. P. Breen asked the Minister for Foreign Republic of Cyprus, and to do so before the Affairs the progress being made by Turkey actual start of accession negotiations. I welcome towards the achievement of the Copenhagen the recent agreement by Turkey to the text of the criteria; and if he will make a statement on the protocol submitted by the Commission. The early matter. [18597/05] signature of the protocol, its ratification and its subsequent implementation would constitute Minister for Foreign Affairs (Mr. D. Ahern): important steps forward towards normalisation of Turkey has been a candidate for membership of relations between Turkey and the Republic of the European Union since the Helsinki European Cyprus. Council in December 1999, which agreed that it The Government will continue to work with was destined to join the union on the basis of the our partners in the Union, and with Turkey, to same criteria applied to the other candidate ensure that all the elements are in place for the states. The European Council in Brussels on 16- successful opening of accession negotiations on 3 17 December 2004 decided, on the basis of the October. Commission’s report and recommendation, that Turkey sufficiently fulfils the Copenhagen politi- Question No. 31 answered with Question cal criteria to enable the opening of accession No. 13. negotiations. It requested the Commission to begin work on a proposal for a negotiating frame- AIDS in Africa. work and to present it to the council, with a view to the opening of accession negotiations on 3 32. Mr. Durkan asked the Minister for Foreign 1279 Questions— 2 June 2005. Written Answers 1280

[Mr. Durkan.] working closely with and providing financial Affairs his plans or proposals at international assistance to the William J. Clinton Presidential level to enhance the programme to tackle AIDS Foundation. This partnership provides financial in Africa with particular reference to the avail- and technical support to assist in the preparation ability and use of the most modern medicines; of integrated HIV-AIDS treatment, care and pre- and if he will make a statement on the matter. vention programmes. [18636/05] Ireland is also supplying technical and financial support to governments, NGOs and UN agencies 166. Mr. Durkan asked the Minister for For- to help them to respond effectively to the twin eign Affairs the number and location of African challenges of HIV/AIDS and food insecurity. We countries in need of aid to address AIDs and star- are also actively supporting the development of a vation; his plans through the EU or UN to new European Commission programme for address these issues; and if he will make a state- action to confront AIDS, TB and malaria. ment on the matter. [18854/05] Although there has been progress over the last Minister of State at the Department of Foreign three years in responding to the critical needs of Affairs (Mr. C. Lenihan): I propose to take Ques- people living in the region, there is a recognition tions Nos. 32 and 166 together. that responding to HIV/AIDS, restoring food The HIV-AIDS pandemic is leading to a rever- supplies and providing effective treatment will sal of development gains in many African coun- only happen after sustained assistance by govern- tries. It generally affects the most productive and ments and international organisations. I am economically active members of society. In determined that, in the context of a growing societies where most people depend on agri- official aid programme, Ireland will continue to culture as a source of income, there is a strong provide assistance to governments and inter- association between high rates of HIV infection national organisations that are effectively and food insecurity. The scarcity of food increases responding to the enormous development chal- the risk of exposure to HIV-AIDS. Infection with lenges presented by this disease. HIV-AIDS in turn increases the vulnerability of families to food insecurity. Question No. 33 answered with Question Eastern and southern regions of Africa are at No. 6. the epicentre of the AIDS pandemic. It is in countries such Zimbabwe, Zambia, and Lesotho Nuclear Disarmament Initiative. that the greatest concentration of assistance is 34. Mr. Neville asked the Minister for Foreign required to address the structural problems con- Affairs if progress has been made in dealing with tributing to food insecurity and diseases such as North Korea and the proliferation of nuclear HIV-AIDS. In these situations, there is need for weaponry; and if he will make a statement on the action on two levels: responding to needs related matter. [18603/05] to the current crisis, while simultaneously sup- porting actions that address longer-term needs. Minister for Foreign Affairs (Mr. D. Ahern): Responding to the problem of HIV-AIDS is a The Democratic People’s Republic of Korea, key priority for the Irish development co-oper- DPRK announced in February 2005 that it had ation programme. Ireland was one of the first produced and now possesses nuclear weapons donors to develop a HIV-AIDS strategy and and that it is to suspend its participation in the since 2001 the financial allocations to the fight six party talks for an indefinite period. In May against AIDS have increased tenfold with a 2005, the DPRK further announced that it had budget allocation reaching almost \50 million this finished extracting 8,000 fuel rods from its reactor year. Through our work with the EU and the at Yongbyon, which it reportedly shut down a United Nations funds and programmes, we work month ago. The DPRK has previously claimed to at an international level to advocate for a sus- have extracted the rods and reprocessed the fuel tained and well-resourced global response to into plutonium. Claims were also reportedly HIV-AIDS. made that it was taking measures to bolster its Ireland is supportive of the introduction of nuclear arsenal. anti-retroviral treatment programmes in Given the nature of the regime in the DPRK developing countries in the context of national and its strict control of information, it is difficult responses which encompass prevention, treat- to verify the accuracy of such announcements. ment and care in an integrated manner. In these Normally, the International Atomic Energy countries we have supported the strengthening of Agency can offer reliable information on a coun- health systems, the procurement and supply of try’s nuclear programme. However, the IAEA medication and the training of health workers, all has not been permitted to inspect the DPRK’s of which are necessary for the introduction of nuclear facilities since its inspectors were HIV treatment programmes. In addition to this, expelled from the DPRK in 2002. The agency is, Ireland supports the implementation of the 3 X therefore, not in a position to ascertain the val- 5 Initiative of the World Health Organisation, a idity of the recent statements from the DPRK. programme that aims to have 3 million people in The DPRK’s regional neighbours and parties developing countries accessing HIV treatment involved in the six party talks, SPT, process, are programmes by the end of 2005. Ireland is also continuing their efforts to encourage the DPRK 1281 Questions— 2 June 2005. Written Answers 1282 to return to the stalled talks on the denuclearis- half of 2004 and the Commission subsequently ation of the Korean peninsula. The SPT process presented the council with a package of involves the DPRK, the Republic of Korea, communications outlining proposals for a consoli- China, Japan, the Russian Federation and the dated EU contribution to the MDGs. These pro- United States. Three rounds of talks have taken posals set out three focal areas for a contribution place since the process was initiated in 2003. to the UN summit to review the MDGs in New While not directly involved in these talks, the EU York in September next: financing for develop- has availed of every opportunity to confirm the ment, policy coherence and Africa. Union’s willingness to contribute to the inter- The general affairs and external relations national efforts to move matters forward. The council, at its meeting on 24 May 2005, adopted Union has also indicated its readiness to consider a number of conclusions on the following issues: enhanced cooperation with the DPRK if the volume of aid — a new collective EU target was present difficult situation can be resolved in a agreed whereby member states which have not satisfactory manner. yet reached a level of 0.51% ODA-GNI under- The issue of the nuclear programme of the take to reach that level by 2010. The new EU DPRK is kept under close and regular scrutiny member states have agreed to reach a level of within the European Union. The EU has clearly 0.17% ODA-GNI by 2010. In addition, member expressed its concern at the announcement on 11 states undertake to achieve the 0.07% ODA-GNI February by the DPRK of its nuclear weapons target by 2015, while the new member states will activity. The EU has urged the DPRK to revoke, as soon as possible, its decision to withdraw from strive to increase their ODA-GNI to 0.33% by the six party talks and to allow the resumption 2015; policy coherence — the EU recognises the of negotiations in order to find a negotiated and importance of non-development policies for peaceful solution to the crisis in the Korean pen- assisting developing countries in achieving the insula. The EU also reaffirmed its strong support millennium development goals. The EU will for the six party talks process and renewed its make a specific effort to promote and enhance appeal to the DPRK to comply with the terms of policy coherence for development in the context the Treaty on the Non-Proliferation of Nuclear of the global partnership for development under Weapons. The EU and Asian partners reiterated millennium development goal eight and in sup- this concern at the Asia-Europe Foreign Mini- port of partner countries’ own policies and in sters meeting which took place in Kyoto, Japan, compliance with international obligations; and on 6-7 May 2005. focus on Africa — the EU considers the develop- At the seventh review conference of the Treaty ment of Africa a priority and will strengthen its on the Non-Proliferation of Nuclear Weapons, efforts to support African countries to reach the which took place on 2-17 May 2005 in New York, millennium development goals. The EU will the EU also called on the DPRK to respect fully strengthen its cooperation with the UN and other its international obligations in the non-prolifer- international partners to that end. The Union ation field, in accordance with its safeguards agreed to increase its assistance to Africa and will agreement with the IAEA. The EU further reaf- provide collectively at least 50% of an agreed firmed that it is firmly committed to contributing increase in ODA resources to the African to a peaceful and negotiated solution to the continent. DPRK’s nuclear programme. Ireland participated actively in the discussions which led to the Council decisions. I very much Question No. 35 answered with Question welcome the outcome of the meeting. The rate of No. 13. progress towards development is slower in Africa than in any of the other regions of the world. Millennium Development Goals. Ireland’s primary aid focus has always been on 36. Mr. M. Higgins asked the Minister for For- Africa and this will continue to be the case. Over eign Affairs the position relating to the achieve- three quarters of all of the Government’s spend- ment of the millennium development goals by ing on aid is directed to the world’s poorest coun- each member state of the European Union and tries in sub-Saharan Africa. by the Union in its entirety; the estimated date The UN September summit is not only the first by which each member state and the EU as a major progress review of the achievement of the whole will have achieved these goals; and if he MDGs, but is also a unique opportunity for the will make a statement on the matter. [18475/05] world to come together and agree on a collective Minister of State at the Department of Foreign response to the multiple needs, threats and chal- Affairs (Mr. C. Lenihan): Following an initiative lenges which we all face, ranging from extreme of the then Irish EU Presidency, member states poverty, endemic disease and climate change, to at the April 2004 meeting of the General Affairs terrorism and weapons of mass destruction, geno- and External Relations Council, GAERC, agreed cide and civil war. As the world’s largest aid to submit individual reports to the Commission donor, the EU has a major role to play in the on their efforts towards implementation of the achievement of the MDGs and in providing millennium development goals, MDGs. Reports strong leadership towards their implementation. were submitted by member states in the second Following the Council’s landmark decision on 24 1283 Questions— 2 June 2005. Written Answers 1284

[Mr. C. Lenihan.] Minister of State at the Department of Foreign May 2005, I believe that the Union is clearly Affairs (Mr. C. Lenihan): I propose to take Ques- showing its intention to provide that leadership. tions Nos. 38 and 40 together. The GAERC conclusions of 24 May 2005 also Ireland has had a development programme in underlined the primary responsibility of Uganda for a decade. The budget for the bilateral developing countries for their development and programme in 2005 is \32 million, comprising the crucial importance of national ownership for support to a poverty action fund focused on sup- development-supported, comprehensive and porting key social sectors, dedicated support to coherent national poverty reduction strategies related sectors like education, health, as well as bold enough to meet the MDGs’ target by 2015. for reform in the justice, law and order sector and Further details of the Council conclusions of 24 support to a number of districts as well as to a May 2005 may be seen at www.consilium.eu while number of projects. A further \4 million is being the Commission communications of 12 April 2005 provided for emergency and development activi- on speeding up progress towards the millennium ties, mainly through non-governmental organ- development goals, financing for development isations. and aid effectiveness, policy coherence for Donor concerns about the pace of democratic development, and the EU report on Millennium reform in Uganda have been growing in the lead- Development Goals 2000-2004: EU Contribution up to presidential and parliamentary elections to the Review of the Millennium Development due to take place in 2006. These concerns focus Goals at the UN 2005 High Level Event may be on the slow pace of change to create space for a accessed on the website of the European Com- multi-party political system. Additionally, donors mission at www.europa.eu.int/comm/development/ have raised concerns about the transparency of index—en.htm. any moves to amend the constitution in order to remove the two-term presidential limit. While it Middle East Peace Process. is a matter for Ugandans to decide on consti- tutional change, I believe that the process must 37. Mr. Kehoe asked the Minister for Foreign be fair and transparent if it is to command the Affairs if he has had recent contact with the confidence of the Ugandan people, as well as the Palestinian or Israeli Governments with regard to international community. the renewed attempts to achieve a Middle-East In recent months discussions have intensified peace settlement; and if he will make a statement between donor countries, including Ireland, and on the matter. [18615/05] the Ugandan Government across a range of Minister for Foreign Affairs (Mr. D. Ahern): governance reforms with a particular emphasis on The Government is in regular and ongoing con- the multi-party issue. There has been a strong tact with the Palestinian and Israeli Governments engagement at official level in Kampala and on through diplomatic channels. In addition, during 20 May I met the ambassador of Uganda to the seventh Euro-Mediterranean ministerial Ireland, His Excellency, Dr. Tomasi Sisye Kirya- meeting in Luxembourg on 30-31 May, I had the pawo. At that meeting, I clearly outlined the con- opportunity to discuss the situation in the region cerns of the Irish Government. I indicated that, with the foreign ministers of Israel and Palestine. as a signal that Ireland wants to see real progress \ I hope to travel to the region later this year to on reform, the withholding of 2 million in meet the Israeli and Palestinian authorities and development assistance is being considered. to encourage further movement in advancing the The situation is currently under review. I am peace process. At present, it is clear that neither continuing to maintain contact with my counter- side has done enough to fulfil its commitments parts from other donor countries to encourage a under the roadmap, and that progress towards a coordinated approach. The United Kingdom \ peaceful settlement has not been as rapid as withdrew 5 million sterling from its programme would have been hoped. Ireland, the EU and the in Uganda earlier this year on account of similar international quartet will continue to press both concerns and other donor countries are also con- sides to implement the roadmap fully. sidering their position.

Overseas Development Aid. Question No. 39 answered with Question No. 13. 38. Mr. G. Mitchell asked the Minister for For- eign Affairs the level of aid to be given to Uganda Question No. 40 answered with Question for 2005 and 2006; if the Government is to alter No. 38. policy in this matter; and if he will make a state- ment on the matter. [18628/05] Nuclear Disarmament Initiative. 40. Mr. Sargent asked the Minister for Foreign 41. Mr. Naughten asked the Minister for For- Affairs if the Government will be cutting its eign Affairs the position regarding EU talks with annual direct aid to Uganda to demonstrate the Iran in relation to nuclear capability in that coun- need for political reform in that country; and if he try; and if he will make a statement on the will make a statement on the matter. [18650/05] matter. [18604/05] 1285 Questions— 2 June 2005. Written Answers 1286

50. Ms McManus asked the Minister for For- eign Secretary, Jack Straw, commented that the eign Affairs the position in relation to the talks two sides had a thorough discussion within the that are ongoing between the European Union framework of the Paris agreement. He indicated and Iran; the basis of the European Union’s that the European side would make detailed pro- approach; and if he will make a statement on the posals to Iran by the end of July or the beginning matter. [18490/05] of August, in the context of the Paris agreement remaining in force. During the meeting the Euro- Minister for Foreign Affairs (Mr. D. Ahern): I pean side again recognised Iran’s rights under the propose to take Questions Nos. 41 and 50 Treaty on the Non-Proliferation of Nuclear Wea- together. pons, NPT, exercised in conformity with its obli- Negotiations on the Iranian nuclear prog- gations under the treaty, while Iran reaffirmed its ramme between Iran, France, Germany and the commitment not to seek nuclear weapons. UK, supported by the High Representative for I met the Iranian Foreign Minister, Dr. Kamal the Common Foreign and Security Policy, Kharrazi, on 2 May, at of the NPT review con- resulted in an agreement signed in Paris in Nov- ference in New York. The main subject discussed ember 2004 on nuclear issues and future co-oper- in this brief meeting was the Iranian nuclear prog- ation. Under this agreement, which was endorsed ramme. Dr. Kharrazi stressed the importance of by the European Council last December, Iran, nuclear power in providing for the future energy inter alia, reaffirmed that it does not and will not needs of his country and Iran’s right to develop seek to acquire nuclear weapons and committed nuclear energy for peaceful purposes. I recalled itself to full transparency and cooperation with Ireland’s national position on nuclear power and the IAEA. Iran, moreover, decided to voluntarily reaffirmed the need for the Iranian nuclear issue suspend all enrichment and reprocessing activities to be addressed within the framework of the and to invite the IAEA to verify and to monitor negotiations led by France, Germany and the the suspension. The agreement further provided United Kingdom, in strict conformity with the for negotiations on a long-term agreement, which Paris agreement. I underlined the belief that diffi- will cover political and security issues; technology culties should be resolved through dialogue and and cooperation; and nuclear issues. At the same negotiation and that when a solution was found time and in parallel the EU has engaged in formal on the nuclear issue this would open the way to negotiations with Iran towards a political dia- making progress on other issues, which could logue agreement, PDA, and a trade and cooper- only be beneficial for both sides. ation agreement, TCA. The suspension by Iran of those elements of concern in its nuclear prog- Question No. 42 answered with Question ramme is a necessary condition for these talks to No. 23. take place. At the meeting of the IAEA board of gover- Question No. 43 answered with Question nors last March, France, Germany and the United No. 13. Kingdom issued a joint statement in which they gave their preliminary assessment of the nego- Ministerial Travel. tiations with Iran. They indicated that the nego- tiations have allowed for an extensive exchange 44. Mr. English asked the Minister for Foreign of views, notably on ways to provide objective Affairs his travel plans to the end of 2005; and if guarantees that Iran’s nuclear programme is he will make a statement on the matter. exclusively for peaceful purposes, as stipulated in [18610/05] the Paris agreement. The two sides have dis- Minister for Foreign Affairs (Mr. D. Ahern): I cussed long-term arrangements for cooperation am continuing to engage in an intensive series of between the EU and Iran in the political and visits to European capitals in discharge of my security area, as well as in the economic and tech- mandate as envoy of the UN Secretary General. nological field. They have also explored the pros- As envoy, I am tasked with presenting the key pects for possible international cooperation in elements of the Secretary General’s In Larger connection with Iran’s nuclear programme. In Freedom report and conveying to the Secretary reiterating their commitment to the negotiation General, in confidence, the views and concerns process, France, Germany and the United expressed by UN members. This is being done to Kingdom stressed that it is essential that confi- prepare for the summit taking place at the UN dence be maintained through the continued in September. implementation in good faith of all aspects of the Between now and the end of the year, I will Paris agreement. attend also a number of EU related meetings In recent weeks, such confidence was under- including meetings of the General Affairs and mined when Iran issued statements that sug- External Relations Council, GAERC; the infor- gested that it would recommence some activities mal meeting of EU Ministers for Foreign Affairs; covered by voluntary suspension. France, European Council meetings scheduled for June, Germany and the United Kingdom, in response, October and December and the UN General wrote to Iran and called for a ministerial level Assembly in September. meeting, which took place on 25 May in Geneva. I will, of course, continue to meet the British At a subsequent press conference, the UK’s For- Government and all the parties associated with 1287 Questions— 2 June 2005. Written Answers 1288

[Mr. D. Ahern.] ited by the International Organisation of the Red the peace process in Northern Ireland and travel, Cross; the action the Government or the Euro- as required, in furtherance of the Government’s pean Union has taken to secure their release; and commitment to the full implementation of the if he will make a statement on the matter. Good Friday Agreement. My programme of visits [18478/05] and meetings abroad until the end of the year is kept under constant review. Minister for Foreign Affairs (Mr. D. Ahern): The Polisario are still holding 408 Moroccan pris- oners, 14 years after the ceasefire between the Military Neutrality. two sides in 1991. A number of the prisoners are 45. Mr. O’Dowd asked the Minister for Foreign believed to have been held already for some years Affairs if Ireland will participate in EU battle- prior to 1991. They are visited in detention by the groups in view of the recent developments in this International Red Cross. matter at EU level; and if he will make a state- Over 800 prisoners held by Polisario have been ment on the matter. [18605/05] released in the last two years. The Government firmly believe that there is a compelling humani- Minister for Foreign Affairs (Mr. D. Ahern): tarian case that all remaining prisoners, held by At last November’s European Union military either side, be released immediately and without capabilities commitment conference, Ireland indi- preconditions. This view has been strongly con- cated that it was prepared to enter into consul- veyed to the Polisario. During the Irish presi- tations with partners with a view to potential par- dency of the EU last year, Polisario released 200 ticipation in the battlegroups initiative. As of the remaining prisoners of war. The Minister reported previously to the House, the Minister of State at the Department of the Taoiseach, for Foreign Affairs has subsequently undertaken Deputy Kitt, witnessed the release of the second consultations with his counterparts from Sweden, group of 100 in June. Finland and Austria on the role that battlegroups, or rapid response elements as they are also The Government will continue to press all par- known, can play in enhancing the EU’s crisis ties to meet their humanitarian obligations with- management capabilities. out further delay. The Minister of State at the Department of Foreign Affairs, Deputy Conor An interdepartmental group, which includes Lenihan, raised this issue with Polisario’s Euro- representatives of my Department, the Depart- pean representative at a meeting in Dublin in ment of the Taoiseach, the Department of December 2004. Defence, the Defence Forces and the Attorney General’s office, is currently examining the At EU level, the presidency wrote to the for- policy, legislative and operational issues arising eign ministers of Morocco and Algeria and the from Ireland’s possible participation in rapid Secretary General of Polisario in March 2005, response elements. The work of the group is calling on them to meet their humanitarian obli- ongoing. gations without delay. I believe that this consultation process and the report of the interdepartmental group will enable Residency Applications. the Government, in due course, to make a fully 47. Mr. Costello asked the Minister for Foreign informed decision on Ireland’s participation in Affairs the position regarding the application by rapid response elements. a person (details supplied) to reside here; the I would highlight that the value and importance Government’s likely response to same; and if he of rapid response elements for dealing with crises will make a statement on the matter. [18481/05] at the request of the United Nations has been strongly emphasised by the UN Secretary Gen- Minister for Foreign Affairs (Mr. D. Ahern): I eral, Kofi Annan. In his recent report on UN am aware of the case to which the Deputy refers reform entitled, In Larger Freedom, Kofi Annan and I share the widely held concerns about it. The particularly noted the decision by the European person concerned was placed under a number of Union to create standby battlegroups as a very restrictions as a condition of his release from valuable contribution to the efforts of the United prison in 2004 at the end of the prison sentence Nations in this area. which he had served. These restrictions include a prohibition on him leaving Israel, and on con- Participation in battlegroups would have no tacting the media and foreign governments. I implications for our policy of military neutrality. understand the person concerned is awaiting the Any Irish participation in an actual operation outcome of proceedings brought against him in would remain a sovereign national decision, sub- December relating to breaches of the conditions ject to the usual requirements of Government under which he was released. decision, Da´il approval and UN authorisation. The Government has consistently been of the view that the person concerned should not be Human Rights Issues. subjected to the restrictions which were imposed 46. Mr. Broughan asked the Minister for For- and the Government of Israel is aware of this eign Affairs the Government’s position on the position. However, the restrictions have been the Moroccan prisoners being held by Polisario; the subject of judicial review by the Israeli Supreme number of these prisoners; if they have been vis- Court, which concluded that they are not incom- 1289 Questions— 2 June 2005. Written Answers 1290 patible with the Israeli Government’s obligations Together with our EU partners, we will con- in respect of its citizens. I do not think that there tinue to work for a negotiated end to the conflict is any likelihood that the Israeli Government will leading to two states, Israel and Palestine, living overturn the court’s decision. The Government at peace within secure and recognised borders. will continue to monitor the situation. There can be no substitute for political nego- tiations between the parties to the conflict, lead- Middle East Peace Process. ing to a lasting political settlement. 48. Mr. M. Higgins asked the Minister for For- Question No. 49 answered with Question eign Affairs his views on whether and if the Euro- No. 14. pean Union will insist that the current withdrawal of occupation in Gaza will be effected and fol- Question No. 50 answered with Question lowed by withdrawal from the West Bank and the No. 41. territory adjoining east Jerusalem (details supplied); and if he will make a statement on the Question No. 51 answered with Question matter. [18476/05] No. 11. Minister for Foreign Affairs (Mr. D. Ahern): I welcome the fact that the withdrawal announced Foreign Conflicts. by the Israeli Government includes withdrawal 52. Mr. Kehoe asked the Minister for Foreign from a number of settlements in the West Bank Affairs the security situation in Afghanistan; and and I hope that this will mark the beginning of a if he will make a statement on the matter. comprehensive retreat from the occupied ter- [18593/05] ritories. The Government, together with Ireland’s part- Minister for Foreign Affairs (Mr. D. Ahern): ners in the EU, has repeatedly reaffirmed its posi- Recent reports and incidents indicate that the tion that the proposed Israeli withdrawal from security situation in Afghanistan remains volatile. the Gaza Strip and parts of the northern West On 1 June 2005, at least 20 people, including the Bank is to be welcomed so long as it takes place Kabul police chief, Mohammed Akram, are in conformity with the conditions endorsed by the believed to have been killed in a suspected European Council in March 2004. The Council suicide bomb attack on a mosque in Kandahar. noted five elements which are essential to make On 7 May, a suicide bombing attack on an a Gaza withdrawal acceptable to the international Internet cafe´ in Kabul resulted in the deaths of community: it must take place in the context of two Afghan nationals and one UN worker and the roadmap; it must be a step towards a two state the injury of a number of others. The publication, solution; it must not involve a transfer of settle- on 9 May, of a report in an international publi- ment activity to the West Bank; there must be an cation, which has since been withdrawn, about organised and negotiated handover of responsi- the desecration of the Koran sparked demon- bility to the Palestinian Authority; and Israel strations in Afghanistan during which an esti- must facilitate the rehabilitation and reconstruc- mated 13 people were killed. On 18 May, five tion of Gaza. Afghan nationals who were working on a coun- The roadmap remains the best framework ter-narcotics project were killed. within which to achieve a resolution to the Israeli- The disarmament and demobilisation of irregu- Palestinian conflict. The members of the inter- lar militia forces remains a key factor in building national quartet of the European Union, Russia, a secure environment in Afghanistan. The dis- the United States and the Secretary General of armament, demobilisation and reintegration pro- the United Nations are all committed to the road- cess, DDR, is proceeding well. Almost 50,000 mil- map. This commitment has been repeatedly reaf- itiamen have now entered the DDR process. It is firmed in the international quartet statements, estimated that less than 10,000 Afghan militia most recently on 9 May in Moscow. forces remain to undergo the programme by June At the seventh Euro-Mediterranean ministerial 2006, the target date for completion of the DDR meeting, which I attended on 30 and 31 May, the process. A large number of heavy weapons, twice EU Foreign Ministers and their partners in the the total number originally surveyed, have also region considered the future direction of the been collected and secured in guarded Middle East peace process. In our conclusions, compounds. which, for the first time in many years, were The training of a reformed Afghan national adopted by consensus, we recalled our attach- army and police force, key elements in building a ment to the roadmap and underlined the central secure Afghanistan, also continue to make pro- and unifying role of the quartet. We called for the gress. It is important that the international com- rapid implementation of the roadmap and munity remains focused on supporting encouraged the parties to continue on the path of Afghanistan in the period ahead. The forth- direct dialogue and negotiation in the fulfilment coming parliamentary and local elections, which of the vision of two states, a safe and secure will take place on 18 September 2005, will Israel, and a viable, sovereign, contiguous, demo- undoubtedly present a considerable security, cratic Palestine, living side by side in peace and logistical and political challenge. More than 5,000 security. candidates have been nominated for election. A 1291 Questions— 2 June 2005. Written Answers 1292

[Mr. D. Ahern.] Congress. Any decision on this is a matter for the considerable number of women have been nomi- US authorities but, as I have previously said, we nated, which is to be welcomed. In a report on 18 very much appreciate the humanitarian impulse March 2005, UN Secretary General Annan esti- underlying the initiative taken in this case by mated that more than $128 million was required Senator Edward Kennedy and his colleagues. to move forward with electoral preparations. The Government is currently considering the allo- EU Budget. cation of funding towards these elections. The European Commission will deploy an EU elec- 54. Mr. G. Murphy asked the Minister for For- tion observation mission, EOM, for the elections. eign Affairs the progress being made in deciding In addition to this, the EU is providing \8.5 mil- the next seven year budget for the European lion toward the cost of the elections in addition Union; and if he will make a statement on the to a further \3 million for the institutional matter. [18624/05] development of the Afghan Parliament. Minister for Foreign Affairs (Mr. D. Ahern): The illicit narcotics industry in Afghanistan Negotiations on the future financial perspectives remains a serious problem which has implications for the enlarged Union 2007 to 2013 have now for the security situation in Afghanistan as well entered an intensive phase. Negotiations, with a as far-reaching consequences around the globe. view to preparing discussions by Heads of State Afghanistan’s opium industry generates an esti- or Government, are being conducted by the Gen- mated 60% of Afghanistan’s gross domestic prod- eral Affairs and External Relations Council, sup- uct, GDP, and Afghanistan produces 87% of the ported by COREPER, with Finance Ministers global opium supply. President Karzai has iden- contributing also through ECOFIN. The Presi- tified counter-narcotics as a priority for the dency is conducting the negotiations on the basis Afghan Government and has introduced a of a “negotiating box” format which provides a number of important initiatives in this regard. framework for identifying issues on which there These include a national counter-narcotics imple- is broad agreement and for addressing also those mentation plan, the appointment of a Minister for remaining to be resolved. counter-narcotics, the creation of a cabinet sub- The first version of the negotiating box was committee on counter-narcotics, and the estab- considered by Foreign Ministers at the General lishment of a counter-narcotics trust fund, which Affairs and External Relations Council on 15 will be jointly administered by the Afghan minis- March and 26 April. A conclave of Foreign Mini- try of finance and the UN Development Prog- sters on 22 May discussed a second version of the ramme, UNDP. negotiating box, issued on 19 May, which put for- Ireland, together with our EU partners, fully ward possible solutions and options across expen- supports the Afghan authorities’ uncompromising diture headings and in relation to own resources. stance on the illicit cultivation of and trafficking The Taoiseach is having discussions today in in drugs. Over the past three years, Ireland has \ Luxembourg with the President of the European contributed 500,000 per annum to the UN Office Council, Mr Jean Claude Juncker. The next min- on Drugs and Crime, UNODC, \300,000 of which isterial conclave, scheduled for 12 June, will con- has been channelled into counter-narcotics pro- sider and prepare a further revised version of the jects in the region. This contribution is likely to negotiating box for discussions by Heads of State be substantially increased in the present year. or Government at the European Council on 16- It is clear that Afghanistan will face many chal- 17 June. Finance Ministers will also discuss the lenges in the period ahead and will therefore con- negotiations at their meeting on 7 June. tinue to need extensive support from the inter- national community. Ireland, together with our The Government’s approach to the nego- partners in the European Union, will continue to tiations is that the future financial framework sustain our support to Afghanistan in the period should equip the Union adequately to meet the ahead. expectations of our citizens and the challenges of the years ahead while providing value for money Humanitarian Relief. for the EU taxpayer. As the Deputy is aware, the Government has consistently underlined the 53. Mr. Costello asked the Minister for Foreign importance of respecting the October 2002 agree- Affairs the response he has had to any efforts he ment on the Common Agricultural Policy. We made in relation to the 242 families who were have pressed for a fair outcome for our regions accorded temporary residence in the United in terms of cohesion, while reiterating Ireland’s States following the eruption of the volcano in commitment to solidarity with the new member Montserrat; and if he will make a statement on states in this regard. The Government has also the matter. [18482/05] expressed our concern to limit the cost of any Minister for Foreign Affairs (Mr. D. Ahern): I rebates and correction mechanisms. refer the House to the replies I made on 8 March The Luxembourg Presidency has carried for- 2005 and 28 April 2005, respectively. I understand ward the negotiations in a very professional and that the current position is that efforts to secure skilful manner. However, it is not possible to pre- a deferral in any enforced departures among the dict at this stage whether agreement at the Euro- Montserrat group continue to be made in the US pean Council on 16 and 17 June will be possible. 1293 Questions— 2 June 2005. Written Answers 1294

Overseas Development Aid. Minister of State at the Department of Foreign 55. Aengus O´ Snodaigh asked the Minister for Affairs (Mr. C. Lenihan): I propose to take Ques- Foreign Affairs if he will report on the progress tions Nos. 56 and 167 together. of the public consultation on the formulation of Issues at the heart of effective delivery of a White Paper on Official Development Aid. assistance to poor people in least developed [18639/05] countries include clear objectives, a well-articu- lated strategy for delivery and good oversight and Minister of State at the Department of Foreign accountability. As the Deputy will be aware, the Affairs (Mr. C. Lenihan): At the end of last year, central objectives of the Irish programme of the Government announced that a White Paper development co-operation continue to be the will be published on the future of Ireland’s reduction of poverty and the promotion of sus- official development assistance programme. This tainable development. Meeting the basic human will be the first ever White Paper on the prog- needs of some of the poorest people in the world ramme and it comes at a time when the resources and improving their access to food, water, health allocated to development co-operation have services, sanitation, education and employment reached very substantial levels. are key goals of the bilateral development prog- As a first step in the preparation of the White ramme, of our interaction with multilateral insti- Paper, the Department of Foreign Affairs is tutions and of our engagement with and through engaged in a wide-ranging process of public con- sultation. At the beginning of this year, advertise- NGOs. ments were placed in the national press seeking The main geographical focus of the bilateral written submissions on the future of the prog- programme is sub-Saharan Africa, the poorest ramme. The deadline for the receipt of sub- region in the world. Within the framework of missions was initially set for 30 April, but exten- three-year country strategy papers, CSPs, sions have been granted to those organisations Development Co-operation Ireland provides and individuals which have sought them and sub- long-term development assistance to seven prog- missions are still being received. Complementary ramme countries, Ethiopia, Lesotho, to the written submissions, I have also under- Mozambique, Tanzania, Timor Leste, Uganda taken a series of public meetings in different and Zambia, as well as South Africa. In line with locations around the country. To date, meetings other donors, we operate in partnership with the have taken place in the following locations: 13 Governments of these countries and agree our April — Limerick, 27 April — Waterford, 3 May strategies with them to ensure that our inter- — Athlone, 4 May — Galway, 10 May — Cork, ventions respond effectively to their development 17 May — Tralee, and 24 May — Dublin. I plan needs. We help to build up the capacity of these to hold further meetings in a number of other Governments to manage their own affairs, which locations in the coming months. Details of the in turn strengthens their sense of ownership of dates and locations of these meetings will be the whole development process. This more inte- announced when arrangements are finalised. I grated and harmonised approach, focused on have attended all the public meetings to date to assisting poor countries to do things for them- listen to the views offered from the floor and to selves, is a major advance on the previous pro- answer questions. The meetings have been well ject-type engagement and has delivered positive attended, bringing together experts and non- and substantive results. experts for informed, lively and useful discussion. It is of critical importance, when operating in At all meetings, I have found that there is a an environment of dire poverty and the corrup- genuine appreciation that this process of public consultation is being undertaken. tion frequently associated with it, to have robust Overall, the process of public consultation is processes for oversight and accountability in proving to be very successful and I will be happy relation to the funding provided. The Develop- to report further to this House in the future, as ment Co-operation Ireland programme provides the process continues. this through a rigorous system of evaluation, monitoring and audit. All accounts and expendi- 56. Mr. Durkan asked the Minister for Foreign ture are audited. There is a strong, comprehen- Affairs if he is satisfied that aid to Africa goes sive monitoring process, which acts as a quality directly to those for whom it was intended and control on the programme. The evaluation that aid is not used as an indirect subsidy by some approach allows for a forensic examination of less than democratic administrations; and if he interventions to measure effectiveness and iden- will make a statement on the matter. [18637/05] tify lessons learned. 167. Mr. Durkan asked the Minister for For- I am satisfied that the auditing, evaluation and eign Affairs if he is satisfied that development aid monitoring systems which we have in place to Africa is reaching those for whom it was ensure that the funding provided under our prog- intended; if action has been taken in order that ramme goes only to those for whom it is intended. such aid is not appropriated by administrations or regimes; and if he will make a statement on the Question No. 57 answered with Question matter. [18855/05] No. 13. 1295 Questions— 2 June 2005. Written Answers 1296

Foreign Conflicts. yesterday that we will be contributing an additional \1 million; it is intended that this 58. Mr. P. Breen asked the Minister for Foreign further contribution will be earmarked for the Affairs the situation in Sudan; the humanitarian assistance that is being made available to the humanitarian and human rights components of the AMIS mission. This will be in addition to the affected regions in that country; the security \ assistance that will be made available by Ireland 500,000 for the humanitarian and human rights to Sudan; and if he will make a statement on the elements of AMIS which Ireland provided last matter. [18618/05] year. An officer from the Permanent Defence Force is also serving as an EU observer with the 170. Mr. Durkan asked the Minister for For- AMIS mission, though his assignment will finish eign Affairs the extent to which the international at the end of June 2005 and we are in a position community is capable of bringing to an end the to offer the services of a logistics planner at unsatisfactory situation in Darfur; and if he will lieutenant colonel level for an expanded AMIS make a statement on the matter. [18858/05] mission. Minister for Foreign Affairs (Mr. D. Ahern): I The African Union is also playing a key role propose to take Questions Nos. 58 and 170 in efforts to achieve a political resolution to the together. conflict in Darfur. Peace talks in Abuja, Nigeria under African Union auspices between the The political and humanitarian situation in the Darfur region of Sudan remains a matter of the Government of Sudan and the two Darfur rebel deepest concern for Ireland. The Government groups, SLM/A and JEM, are scheduled to continues to use all avenues open to it to urge resume on 10 June. In 2004, Ireland responded to the crisis in action in addressing the urgent humanitarian, \ security and political challenges which exist there. Darfur by providing 6.38 million in assistance to While the overall level of violence in Darfur has the region. This funding was delivered rapidly to stabilised in recent months, the situation, as Sec- assist the life-saving work of non-governmental retary General Annan stated last week when vis- organisations, UN agencies and the Red Cross iting the region, remains unacceptable, with over family. Ireland’s funding was utilised to provide 100,000 people having died as a direct or indirect food and essential non-food items to help families result of the conflict and 2 million people forced and individual s survive. to flee their homes. Sustained international press- The Minister of State with responsibility for ure needs to be exerted on all the parties to hon- development co-operation and human rights, our their commitments, improve the security sit- Deputy Conor Lenihan, visited Sudan from 3-8 uation and achieve a speedy political settlement. April. During his visit he met a wide range of The African Union’s observer mission, AMIS, UN representatives, including the United Nations in Darfur is playing an extremely valuable role in Special Representative of the Secretary General, addressing the security situation in Darfur. It has Mr. Jan Pronk. He also met Government Mini- been demonstrated that where AMIS is deployed sters, NGOs, the Red Cross, community leaders in Darfur, a marked reduction in violence follows. and regional leaders. The Minister of State, There is a clear need, however, to increase Deputy Conor Lenihan, witnessed the important further the size of the AMIS mission, if the situa- work of the aid agencies at first hand and pledged tion on the ground is to be fully stabilised and that Ireland would continue to assist in meeting suitable conditions created for the safe return of immediate emergency needs and also longer term internally displaced persons, IDPs, and refugees. development activities when possible. In his dis- I therefore welcome the recent decision by the cussions with the Sudanese authorities, he AU to expand its mission from 3,200 to more stressed the importance of the restoration of than 7,700 personnel. The strong support evident peace and security in Darfur as soon as possible; at the donors conference held in Addis Ababa the need for all parties to the conflict to negotiate last week at which US$300 million was pledged in good faith and reach an early political agree- to assist with the planned expansion of AMIS ment; and the need for the Government of Sudan demonstrates the international community’s con- to co-operate fully with relevant UN Security fidence in the African Union’s efforts to try to Council resolutions, especially that relating to the resolve the Darfur conflict. International Criminal Court. The External Relations Council agreed on 23 The visit by the Minister of State, Deputy May that the EU should lend all possible support Conor Lenihan, to Sudan took place immediately to AMIS’s military, police and civilian efforts and before the major donors’ conference on Sudan a specific package of assistance, focusing on logis- which was held in Oslo on 11-12 April. The con- tical and planning support, was outlined by High ference pledged approximately \4.5 billion for Representative Solana at the donors conference Sudan up to 2007. While recognising that the in Addis Ababa. Ireland was also represented at peace agreement represents a new beginning for the Addis Ababa meeting and has pledged to Sudan, participants emphasised the need to build provide additional financial support for the on the agreement and to bring peace and stability expansion of AMIS, subject to further discussion to all of Sudan, including Darfur and the east of on details, as part of the overall EU package of the country. At the Oslo conference, the Minister support. I informed the UN Secretary General of State, Deputy Conor Lenihan, pledged \15 1297 Questions— 2 June 2005. Written Answers 1298 million to Sudan over the next two years. This target by 2015 while those which have achieved funding will be used to meet immediate needs that target commit themselves to remain above such as food security, return of the displaced and that target; and member states which joined the basic education and will also to begin to address EU after 2002 will strive to increase by 2015 their the long-term development needs of the Sudan. ODA-GNI to 0.33%. To date this year the Government has approved The Council’s decision is part of the European funding of \2.6 million for emergency and Union’s contribution to the preparation of the humanitarian programmes in the Darfur region United Nations summit in September 2005 on the and south Sudan. These programmes are being follow-up to the 2000 millennium declaration. operated by Irish and international NGOs and The September 2005 summit is not only the first include nutrition, basic health care, water and major progress review of the achievement of the sanitation, seeds and tools and assistance to millennium development goals, but is also a internally displaced persons. unique opportunity for the world to come together and agree on a collective response to the Question No. 59 answered with Question multiple needs, threats and challenges which we No. 18. all face, ranging from extreme poverty, endemic disease and climate change to terrorism, and wea- Question No. 60 answered with Question pons of mass destruction, genocide and civil war. No. 13. As the world’s largest aid donor, the EU has a major role to play in the achievement of the mil- Overseas Development Aid. lennium development goals and in providing 61. Mr. Deasy asked the Minister for Foreign strong leadership towards their implementation. Affairs if he will give details of the new EU Following the Council’s landmark decision on 24 agreement, recently signed, which relates to the May 2005, I believe that the Union is clearly achievement of the UN target for overseas showing its intention to provide that leadership. development aid; and if he will make a statement Far from having opposed the European Com- on the matter. [18613/05] mission’s proposals to increase ODA, I fully sup- ported the proposals on this subject which were 88. Mr. Gogarty asked the Minister for Foreign adopted by consensus at the meeting of the Affairs if he will report on the May 2005 agree- Council on 24 May. ment by EU foreign Ministers to reach the UN’s On a national level, the Government remains goal of giving 0.7% of GNP in aid by 2015; the Irish position regarding this goal; and if he will strongly committed to achieving the UN target of make a statement on the matter. [18645/05] 0.7% ODA-GNI for expenditure on ODA. The issue of how best to meet the target, and in what 156. Mr. Boyle asked the Minister for Foreign timeframe, is under ongoing review. Affairs the reason, in view of the recent commit- ment to achieving an aid level of 0.7% GDP by EU Council Meetings. 2012, he has opposed the European Com- mission’s recent proposal to increase the EU’s 62. Mr. Boyle asked the Minister for Foreign overseas development aid to 0.7% of GDP by Affairs if he will report on the 23 May 2005 meet- 2015. [13375/05] ing of the EU foreign Ministers; and if he will make a statement on the matter. [18641/05] Minister of State at the Department of Foreign Affairs (Mr. C. Lenihan): I propose to take Ques- Minister for Foreign Affairs (Mr. D. Ahern): tions Nos. 61, 88 and 156 together. The General Affairs and External Relations As I reported to the Joint Committee on Euro- Council met in Brussels on 23-24 May. The May pean Affairs on 25 May 2005, EU member states meeting is traditionally attended also by Mini- came to an agreement at the General Affairs and sters for Defence for an exchange of views on External Relations Council, GAERC, on 24 May developments in European Security and Defence 2005 on a new threshold for official development Policy. Moreover, the second day of the Council assistance, ODA, for 2010 and 2015. was devoted to development issues as is the prac- The elements of the Council’s agreement are tice once during each Presidency. I attended the as follows: member states, which have not yet Council, accompanied by the Minister for reached a level of 0.51% ODA-GNI undertake Defence and the Minister of State with responsi- to reach, within their respective budget allocation bility for development co-operation and human processes, that level by 2010, while those that are rights. already above that level undertake to sustain In the general affairs part of the meeting, the their efforts; member states, which have joined Presidency presented the first draft of the anno- the EU after 2002, and that have not reached a tated agenda for the June European Council. level of 0.17% ODA-GNI, will strive to increase Ministers will examine this in more detail at the their ODA to reach, within their respective next meeting of the Council on 13-14 June. The budget allocation processes, that level by 2010, main external relations item on the European while those that are already above that level Council agenda is expected to be preparation of undertake to sustain their efforts; and member the EU position for the September high level states undertake to achieve the 0.7% ODA-GNI summit at the United Nations. In this context, I 1299 Questions— 2 June 2005. Written Answers 1300

[Mr. D. Ahern.] I subsequently met Mr. Hain on 18 May in briefed my colleagues on my most recent consul- Dublin. This meeting was a valuable opportunity tations in my role as special envoy for UN reform. to consider the post-election situation in Under the external relations agenda, the Northern Ireland, and to affirm our shared goal Council discussed a wide range of issues and of securing the implementation of all aspects of adopted conclusions in relation to European the Good Friday Agreement. We are both Security and Defence Policy, Uzbekistan and entirely at one on the need for an early and decis- Sudan. Foreign Ministers and Development Co- ive response from the IRA and, in turn, a real operation Ministers considered jointly the follow- commitment by unionism to inclusive power- up to the EU action plan on the Asian tsunami. sharing arrangements. Development Co-operation Ministers dis- Mr. Hain’s previous political experience will cussed the millennium development coals includ- undoubtedly stand him in good stead for his new ing the EU contribution to the high level event in post and the challenging task ahead. I greatly New York in September 2005; the action prog- look forward to working closely with him in the ramme against HIV-AIDS, tuberculosis and same spirit of partnership that characterised my malaria 2007-11; and the revision of the develop- working relationship with his predecessor. ment co-operation policy statement. Conclusions I would like once again to pay warm tribute to were adopted on the first two of these items. Paul Murphy for his immense contribution to the On the eve of the Council, the Presidency peace process during his time as Secretary of arranged a meeting of Foreign Ministers to dis- State. Both his political acumen and his unfailing cuss the future financial perspectives for the courtesy were appreciated by all those who period 2007-13. We have entered an intensive worked with him and I wish him every success in phase of this very important negotiation. I his continuing career. emphasised our continued support for generous Together with the Taoiseach and Prime Mini- cohesion arrangements for the poorest member ster Blair, Mr. Hain and I will avail of all oppor- states, including in particular for our new part- tunities to engage with the political parties in the ners. At the same time, I argued that our own period ahead in an attempt to move the process regions should continue to receive appropriate decisively forward. I also hope to meet the Sec- assistance. I also used the occasion to stress once retary of State within the framework of the Brit- again that the October 2002 agreement on the ish-Irish Intergovernmental Conference later financing of the Common Agricultural Policy this month. must be respected. Before attending the Council, I, along with the UN Address. Minister for Defence and the Minister of State 65. Mr. Perry asked the Minister for Foreign with responsibility for development co-operation Affairs if it is planned that he will address the UN and human rights, met with the Oireachtas Joint on any topic before the end of 2005; and if he will Committee on European Affairs for a detailed make a statement on the matter. [18611/05] exchange of views on the agenda. As there did not prove to be sufficient time to consider fully Minister for Foreign Affairs (Mr. D. Ahern): the development issues at that meeting, the Mini- I addressed the Non-Proliferation Treaty Review ster of State, Deputy Conor Lenihan, met the Conference at the United Nations on 2 May and committee at its invitation on 25 May 2005 to will address the United Nations General debrief its members on the outcome of the Assembly during the general debate in GAERC. September.

Question No. 63 answered with Question Question No. 66 answered with Question No. 18. No. 18.

Northern Ireland Issues. Northern Ireland Issues. 64. Mr. Rabbitte asked the Minister for Foreign 67. Mr. S. Ryan asked the Minister for Foreign Affairs his views on the appointment of Mr. Peter Affairs if his attention has been drawn to recent Hain as the new British Secretary of State for contacts in Belfast between the British Prime Northern Ireland; the contents of his meeting Minister’s Chief of Staff, Mr. Jonathan Powell, with him in Dublin on 18 May 2005; and if he will and senior republicans including leading make a statement on the matter. [18501/05] members of the Irish Republican Army; if any such meetings were held with the knowledge of Minister for Foreign Affairs (Mr. D. Ahern): his Department; if he or representatives of his As the Deputy will be aware, Mr. Peter Hain, Department have had similar meetings; and if he MP, was appointed Secretary of State for will make a statement on the matter. [18503/05] Northern Ireland, following the Westminster election in May. I spoke by telephone to Mr. Minister for Foreign Affairs (Mr. D. Ahern): It Hain shortly after his appointment to offer my is not our practice to provide details on contacts congratulations and to arrange for an early between Government officials, Irish or British, meeting. and political parties in Northern Ireland. Never- 1301 Questions— 2 June 2005. Written Answers 1302 theless, I am not aware of recent contacts of the Shelf to accept these proposals; and if he will nature referred to in the Deputy’s question. make a statement on the matter. [18504/05] My contacts with Sinn Fe´in since the beginning Minister for Foreign Affairs (Mr. D. Ahern): of the year included the meeting on 25 January Article 77 of the United Nations Convention on when the Taoiseach, the Minister for Justice, the Law of the Sea 1982 provides that a coastal Equality and Law Reform and I met Gerry state exercises over its continental shelf sovereign Adams and Martin McGuinness in Government rights for the purpose of exploring and exploiting buildings. Subsequently, in the course of a prog- its natural resources. It exercises these rights out ramme of events in Derry, I had an informal to a maximum distance of 200 nautical miles from meeting with Martin McGuinness on 4 February. the baselines from which the breadth of the terri- Finally, together with the Taoiseach, I met Gerry torial sea is measured, or further if the shelf nat- Adams in Washington DC on 16 March. All of urally extends beyond that limit. Where the sub- these contacts were in the public domain and the merged prolongation of its land territory extends Taoiseach and I have commented on them as beyond 200 nautical miles, a state is required by appropriate. Article 76 of the convention to submit infor- mation on the limits of its extended continental Human Rights Issues. shelf to the commission on the limits of the conti- 68. Mr. Cuffe asked the Minister for Foreign nental shelf. Such a submission should be Affairs his views on the Amnesty International accompanied by technical and scientific data that Report 2005; and if he will make a statement on support the claimed limits. The commission, the matter. [18644/05] which is composed of 21 scientific experts, con- siders the submission and then issues recom- Minister for Foreign Affairs (Mr. D. Ahern): mendations to the submitting state. The limits The Amnesty International Report 2005 docu- established on the basis of these recommend- ments the human rights situation in 149 countries ations are final and binding. These limits mark around the world. The report was launched last the boundary between the continental shelf of the week and is currently being studied in my Depart- coastal state and the international deep seabed ment. It provides a very useful overview of the “area”, which is the common heritage of all human rights situation around the globe. mankind. The Government shares Amnesty Inter- Ireland claims a broad continental shelf which, national’s concern for the effective promotion in the Hatton-Rockall area to the west, extends and protection of human rights globally. I have more than 500 nautical miles from shore before met Amnesty International since assuming my reaching the deep seabed. Although a continental role as Minister for Foreign Affairs and my boundary agreement here was concluded officials are in ongoing contact with Amnesty between Ireland and the UK in 1988, this cannot International regarding a wide range of human bind Iceland or Denmark, in respect of the Faroe rights issues. Islands, which both make overlapping claims. In addition Amnesty International is rep- There are similar unresolved boundary issues in resented on the Department of Foreign Affairs the Celtic Sea involving France and Spain. The NGO standing committee on human rights. This State claims a further portion of extended conti- committee provides a formal framework for a nental shelf between these two areas, in the regular exchange of views between the Depart- region of the Porcupine Abyssal Plain, which has ment and representatives of the NGO not been the subject of any dispute with another community. state. Furthermore, Ms. Irene Khan, the Secretary The terms of the convention require Ireland to General of Amnesty International gave the key make its submission to the commission within ten note address at the annual Department of For- years of entry into force of the convention with eign Affairs NGO forum on human rights, which respect to the State, that is, by 21 July 2006. took place in Dublin last December. Officials in However, the tenth meeting of the states parties my Department are currently examining the to the convention, which took place in 2000, Amnesty International Report in detail and will decided to extend the ten year period to May consider it in the context of their ongoing work 2009 for all states that had ratified or acceded to in the field of human rights, both at EU level and the convention before 13 May 1999, the date on at UN level. which the commission adopted its scientific and technical guidelines. However, the commission’s rules of procedure prevent consideration by it of International Boundaries. any submission in respect of a part of the conti- 69. Mr. S. Ryan asked the Minister for Foreign nental shelf that is the subject of a dispute except Affairs if he has brought proposals to Cabinet with the prior consent of all the disputing parties. concerning the expansion of Ireland’s inter- Work on the preparation of Ireland’s sub- national boundaries to allow for further offshore mission began over ten years ago and extensive exploration; the potential benefits for Ireland in seismic and bathymetric surveys of the extended this regard; the likelihood of the United Nations shelf claimed by Ireland were conducted on Commission on the Limits of the Continental behalf of the Department of Communications, 1303 Questions— 2 June 2005. Written Answers 1304

[Mr. D. Ahern.] Palestinians in the Hebron area; and if he will Marine and Natural Resources in 1995 and 1996. make a statement on the matter. [18487/05] Detailed consideration and analysis of this data Minister for Foreign Affairs (Mr. D. Ahern): I followed and more recently the question of how am aware of the situation to which the Deputy to handle submissions for the two disputed areas refers, and share her concerns about the plight of of shelf has been the subject of two separate sets the people affected. My Department has actively of consultations with the states concerned. raised these concerns with the Israeli authorities, Following the completion of work on Ireland’s and will continue to do so as the situation war- submission, the Government recently authorised rants it. me and my colleague, the Minister for Communi- cations, Marine and Natural Resources, to Diplomatic Representation. arrange for a partial submission in respect of the undisputed area of the extended continental shelf 72. Mr. Noonan asked the Minister for Foreign abutting the Porcupine Abyssal Plain to be made Affairs if the Government continues to make rep- to the Commission. This partial submission was resentations on behalf of detained pro-democracy lodged with the Secretary General of the United leader Daw Aung San Sun Kyi in Burma; and if Nations on 25 May last. he will make a statement on the matter. Ireland’s submission will be considered at the [18602/05] next session of the commission, which takes place Minister for Foreign Affairs (Mr. D. Ahern): at the end of August. A sub-commission of seven The Government has consistently condemned the members will be established for this purpose. It lack of progress towards democracy in Burma is hoped that the commission’s recommendations and the continuing abuse of human rights and will be issued next year. fundamental freedoms in that country. Together The limits established on the basis of the com- with our EU partners, we remain acutely aware mission’s recommendations will enable the of, and gravely concerned about, the continuing Government to designate up to an additional house arrest of Daw Aung San Suu Kyi, other 39,000 km2 of seabed pursuant to the Continental opposition activists and a number of MPs elected Shelf Act 1968. Once designated, hydrocarbon in 1990. Aung San Suu Kyi, who will be 60 on 19 prospecting and exploration may be licensed June 2005, has now been under house arrest since there. 30 May 2003. I am pleased to note that Aung San Ireland is the fourth country to make a sub- Sauu Kyi will be honoured by the city of Galway mission to the commission, following upon sub- with the freedom of that city on the occasion of missions made by the Russian Federation in 2001 her sixtieth birthday. and by Brazil and Australia in 2004. On 7 May 2005, the EU Troika of Foreign Ministers met the Burmese Minister for Foreign Senate Committee Hearings. Affairs, Mr. U Nyan Win, in the margins of the Asia-Europe Meeting, ASEM, of Foreign Mini- 70. Mr. Howlin asked the Minister for Foreign sters in Kyoto, Japan. The Troika expressed con- Affairs if he will make a statement on the recent cern about the situation in Burma and called on Senate Committee hearings in the United States the Burmese authorities to enter into a construc- dealing with the abuses of Iraqi oil resources in tive dialogue with the opposition National the early days of the occupation of that coun- League for Democracy, NLD, other legitimate try. [18485/05] representative bodies and ethnic groups. The Minister for Foreign Affairs (Mr. D. Ahern): I Troika also called for the release of Aung San am aware of the hearings in the United States Suu Kyi, and all political prisoners. The Troika Senate, and of allegations made concerning mis- further appealed to the Burmese authorities to use of Iraqi oil resources both under the former establish permanent and sincere co-operation Iraqi regime, and in the early months of the occu- with the UN Secretary-General’s special envoy pation of Iraq after March 2003. on Burma, Mr. Razali Ismail, the special rapport- It is not clear yet if these hearings will result in eur on the situation on human rights in Burma, any findings, or to what extent the allegations Mr. Sergio Pinheiro and with all relevant UN made will be substantiated. It would clearly be a agencies. The Burmese Foreign Minister under- matter of serious concern if funds intended to took to consider the demands expressed by the meet the needs of the Iraqi people had been EU. diverted for other purposes, regardless of At the opening session of the ASEM Foreign whether this took place before or after the over- Ministers meeting on 6 May, European and Asian throw of the previous Iraqi regime. Foreign Ministers collectively expressed to the Burmese Foreign Minister, their concern at the situation in Burma and expressed the expectation Middle East Peace Process. that all restrictions on the democratisation pro- 71. Ms Lynch asked the Minister for Foreign cess will be lifted at the earliest possible oppor- Affairs if he will report on any progress made fol- tunity. Ireland was represented at the meeting by lowing a recent complaint made to the Israeli the Minister for the Environment, Heritage and authorities of ongoing and serious harassment of Local Government, Deputy Dick Roche. The 1305 Questions— 2 June 2005. Written Answers 1306

Minister urged the Burmese authorities to release An international conference on Iraq will be Daw Aung San Suu Kyi and all political pris- held on 22 June, to focus international support oners. He also expressed Ireland’s grave disap- for the new Iraqi Government and the recon- pointment and concern that the Burmese auth- struction of Iraq. It will also enable Iraq to set orities had failed to create the conditions for out its priorities and plans for the work of recon- political parties to participate in the national con- struction, for of course it is now for the Iraqi vention, now in recess. Government to take the lead role in directing On 14 April 2005, the United Nations Com- these efforts. It has unfortunately been the case mission on Human Rights passed without a vote to date that economic and infrastructure recon- a resolution, introduced by the EU, and co-spon- struction in Iraq has been greatly hindered by sored by Ireland, which criticised systematic violence, including attacks on contractors. violations of human rights in Burma, and called The security situation continues to give rise to for the restoration of democracy and freedom for serious concern. There has been a noticeable rise all political prisoners, including Aung San Suu in insurgent violence over the last month, seem- Kyi. The resolution also called on the Burmese ingly aimed at denying the new Government any authorities to release unconditionally and political momentum. The attacks are aimed immediately, all political prisoners, with part- mostly at Iraqi security forces and officials, but icular emphasis on the elderly and the sick. It also include large bomb attacks on Shia and Kurd further called on the Burmese authorities to community targets, such as markets and mosques, desist from arresting and punishing persons for intended to try and spark civil strife. their peaceful political activities. It has been estimated that some 600 Iraqis have The Government’s continuing goal, and that of been killed in these attacks in the last month. The the EU, remains the return of democracy to Government does not have any means of its own Burma, an end to human rights violations there of estimating casualty figures in Iraq, or of and the realisation of peace and prosperity for assessing the accuracy of the figures put forward the long suffering people of Burma. by other parties. However the Government’s view, which has been expressed clearly since the Foreign Conflicts. outset of the conflict, is that the use of military 73. Mr. Gilmore asked the Minister for Foreign force should be kept to a minimum, and that Affairs his estimate of the loss of civilian life in every possible effort must be made to avoid civ- Iraq; his views on the escalating loss of life and ilian casualties. Attacks intentionally targeted at the deflection of funds from the task of recon- civilians, which unfortunately have been a very struction; and if he will make a statement on the frequent occurrence in recent weeks, are com- matter. [18484/05] pletely unacceptable. The new Government faces serious and inter- 79. Mr. McGinley asked the Minister for For- connected challenges: establishing effective eign Affairs the current political and security sit- administration and security forces; defeating a uation in Iraq; and if he will make a statement on violent insurgency; constitution-making; and the matter. [18588/05] rebuilding the economy and infrastructure. A 80. Ms Enright asked the Minister for Foreign crucial overarching challenge is to engage the Affairs the action being taken at European level Sunni community and leaders fully in the political to assist in the drafting of a new Constitution in process, including the drafting of the constitution, Iraq; and if he will make a statement on the despite their low representation in the assembly. matter. [18632/05] The EU is supporting the Iraqi Government in these efforts, including inter alia: significant sup- Minister for Foreign Affairs (Mr. D. Ahern): port for reconstruction, training in Europe for I propose to answer Questions Nos. 73, 79 and police and criminal justice system officers, and 80 together. expert support for elections. The EU has also Following the elections on 30 January, and offered Iraq expert assistance in the process of lengthy negotiations between the parties, the new drafting the constitution. This is of course a sensi- transitional Iraqi Government under Mr. Al- tive area in any political system, and it is up to the Jafaari was formed at the beginning of May. It Iraqis to decide if they wish to avail of such help. includes representatives of all the major groups in the Assembly. It also includes six Sunni Ministers, Question No. 74 answered with Question despite the under-representation of the Sunni No. 8. community in the assembly due to violence sur- rounding the election and a boycott of the elec- International Boundaries. tion by Sunni parties. The political process mapped out in Security 75. Mr. Sherlock asked the Minister for Foreign Council Resolution 1546 calls for the assembly to Affairs the position in relation to Rockall under agree a new constitution by October, to be put the international law of the sea and the related to the people in a referendum, followed by new rights of exploration that ensue from the issue of elections for a fully sovereign assembly and jurisdiction; and if he will make a statement on government in December. the matter. [18505/05] 1307 Questions— 2 June 2005. Written Answers 1308

Minister for Foreign Affairs (Mr. D. Ahern): the most difficult problem is now solved. The div- The issue of Rockall has in the past been a source isions in Lebanese society are still very close to of legal and political controversy in both Ireland the surface, and the international community will and the United Kingdom. Much of that contro- have to remain focussed on Lebanon, and use versy was due to fears at the time that jurisdiction great care in its efforts to support the political over Rockall and similar rocks and skerries would process there. be a crucial factor in establishing rights over min- The next stage of that process is now underway eral and other resources in the adjacent seabed with the parliamentary elections, the first round and to fishing rights in the surrounding seas. of which took place on 29 May. However, during the course of the third United Nations Conference on the Law of the Sea, which Human Trafficking. took place between 1973 and 1982, the Irish del- egation played a leading role in securing agree- 77. Mr. Allen asked the Minister for Foreign ment on a satisfactory legal regime applicable to Affairs the action being taken at European level islands. The United Nations Convention on the to prevent human trafficking; and if he will make Law of the Sea, which was adopted at Montego a statement on the matter. [18623/05] Bay at the conclusion of the conference on 10 Minister for Foreign Affairs (Mr. D. Ahern): December 1982, provides at Article 121, para- The Government is fully committed to the active θ graph 3 that: Rocks which cannot sustain human promotion of full observance of universal human habitation or economic life of their own shall rights standards, and opposes, and seeks the elim- have no exclusive economic zone or continental ination of, the practice of human trafficking. The ρ shelf. importance of addressing trafficking in persons Article 121 (3) applies to Rockall. Ireland rati- has been recognised by Ireland and our EU part- fied the Convention on 21 June 1996. The United ners. Article 5 of the EU Charter of Fundamental Kingdom acceded to the Convention on 25 July Rights prohibits trafficking in human beings. 1997. It is accordingly accepted by both states In 2004 the EU adopted a council framework that Rockall cannot be used as a basis for decision on combating trafficking in persons. I delimiting their respective continental shelves or understand that my colleague, the Minister for fisheries zones. Justice, Equality and Law Reform, is currently While the United Kingdom continues to claim preparing legislation which will criminalise traf- jurisdiction over Rockall, this claim is not ficking in human beings for the purpose of their accepted by Ireland. Each country remains aware sexual and labour exploitation as provided for in of the position of the other. the framework decision. The Council of Europe has recently concluded Foreign Conflicts. negotiations on a Convention on Action against 76. Ms B. Moynihan-Cronin asked the Minister Trafficking in Human Beings. This convention, for Foreign Affairs his views on the UN state- which was opened for signature at the Third Sum- ment declaring that it has satisfied itself regarding mit of the Council of Europe in Warsaw on 16 the departure of the Syrian military from the May, aims to prevent and combat trafficking in Lebanon; and if he will make a statement on the people in all its forms, national or international, matter. [18491/05] whether or not it is linked with organised crime. Minister for Foreign Affairs (Mr. D. Ahern): The Organisation for Security and Co-oper- On 5 March Syria began to withdraw its forces ation in Europe, OSCE, at its ministerial meeting from Lebanon, as required under Security in December 2003 in Maastricht, endorsed an Council Resolution 1559, and the process action plan against trafficking in human beings, appeared to be complete by the end of April, in and subsequently appointed an OSCE special keeping with the commitment given by President representative, Helga Konrad, to assist in putting Assad. On 23 May, the initial report of the UN this plan into practice. verification mission indicated that the mission Europol and the European Police College, had encountered no Syrian forces still in CEPOL, organise courses on an EU-wide basis Lebanon. There were some areas still to be vis- for police forces dealing with investigations into ited, and some remaining questions related to the the trafficking of human beings. Gardaı´ working exact demarcation of the Syria-Lebanon border, in the Garda National Immigration Bureau but broadly the report confirmed the full with- investigating the trafficking of human beings have drawal of Syrian forces. Questions remain about attended such courses. the possible presence of Syrian intelligence Ireland is also a signatory to the UN Conven- elements in Lebanon, and the extent to which tion on Transnational Organised Crime and its Syria will still try to exert a dominating influence two accompanying protocols on prevention, sup- in Lebanese politics. pression and punishment of trafficking in persons, I welcome the withdrawal of Syrian forces, especially women and children and smuggling of which is an important achievement. It removes migrants by land, air or sea. The protocol on traf- a major impediment to the rebuilding of a fully ficking not only provides for measures to sup- functioning political society in Lebanon. press trafficking, but also measures to protect the However, it would be a mistake to assume that victims of trafficking. 1309 Questions— 2 June 2005. Written Answers 1310

Through its participation at international fora seeking to reduce the threat posed by these mil- such as the United Nations General Assembly, itias and deserves the full support of the inter- the UN Commission on Human Rights, CHR, the national community for their efforts, in conjunc- Council of Europe and the OSCE, Ireland raises tion with the DRC Government, to establish its concerns in cooperation with like-minded peace and security in the troubled eastern region. countries regarding these issues. As a member of The strong and effective action which MONUC the EU, Ireland coordinates with the other EU has taken to confront armed militias in the Ituri member states in these fora. At the recent meet- region is welcome. The EU has made clear its ing of the CHR in Geneva, Ireland made a willingness to assist the UN in the reinforcement national statement condemning the trafficking of of MONUC’s capabilities to enable it to carry out people and welcoming the appointment in 2004 its essential tasks. It is also to be hoped that of a special rapporteur on trafficking in persons. renewed efforts will be made by the DRC and Rwandan governments, in close collaboration Question No. 78 answered with Question with MONUC and the FDLR. The continued No. 6. existence of armed militias in eastern DRC also needs to be confronted, if the transition process Question No. 79 answered with Question in the DRC is to be successfully completed. No. 73. MONUC is performing a vital role in seeking Question No. 80 answered with Question to reduce the threat posed by these militias and No. 73. deserves the full support of the international community for their efforts, in conjunction with Foreign Conflicts. the DRC Government, to establish peace and security in the troubled eastern region. The 81. Ms O. Mitchell asked the Minister for For- strong and effective action which MONUC has eign Affairs the current political situation in the taken to confront armed militias in the Ituri Democratic Republic of the Congo; and if he will region is welcome. The EU has made clear its make a statement on the matter. [18590/05] willingness to assist the UN in the reinforcement Minister for Foreign Affairs (Mr. D. Ahern): of MONUC’s capabilities to enable it to carry out The political situation in the Democratic its essential tasks. It is also to be hoped that Republic of the Congo continues to be character- renewed efforts will be made by the DRC and ised by slow progress towards completion of the Rwandan governments, in close collaboration transition process. The major priority remains the with MONUC and the FDLR — Democratic holding of national elections by no later than Forces for the Liberation of Rwanda — to build June 2006, as scheduled under the 2002 Sun City on the latter armed group’s important disarma- peace accords. It now appears likely that a ment initiative of 31 March 2005 in which it decision will be taken by the transitional national expressed regret for the 1994 genocide in Rwanda Government in Kinshasa to defer the elections, and undertook to complete a process of voluntary originally due to be held this month, until either disarmament and repatriation to Rwanda by the later this year or early 2006, in order to enable end of June. necessary legislative and administrative measures The transitional national Government in Kin- to be put in place. One positive development has shasa has, of course, primary responsibility for re- been the adoption of a draft constitution by the establishing peace and security and effectively transitional national assembly on 13 May 2005. exercising its own authority throughout the DRC. The EU has welcomed adoption of the draft con- Greater efforts are called for by the DRC stitution which will now be submitted for Government in accelerating the creation of an approval in a referendum later this year. integrated national army and police force and Substantial international support will be supporting the process of disarmament, demobil- required for the holding of elections in the DRC isation and reintegration, DDR, if a secure envir- which it is estimated could cost up to almost onment is to be created for the holding of US$300 million to arrange. The EU has already national elections. The EU is actively collaborat- committed itself to provide some \85 million in electoral assistance while Ireland, in principle, is ing with the transitional national Government in prepared to consider making a contribution in supporting the process of security sector reform support of the electoral process, once there is in the DRC, including through deployment of the greater clarity as to the timing of the elections. A new EUPOL mission which will offer advice and decision will also be taken closer to the elections mentoring to the integrated police unit, IPU, in as to whether the EU will participate in an elec- Kinshasa, which the EU has helped establish. toral observer mission in the DRC, though Ireland has contributed \75,000 towards the costs nationally this is something which Ireland would of establishment of the IPU. The EU is also in strongly support. the process of deploying a second mission, EUS The continued existence of armed militias in EC DRC, comprising a small planning team to eastern DRC also needs to be confronted, if the advise key government ministries in the DRC on transition process in the DRC is to be successfully all issues related to security sector reform. The completed. MONUC is performing a vital role in EU is also providing substantial financial support 1311 Questions— 2 June 2005. Written Answers 1312

[Mr. D. Ahern.] deployment of UNMIL is critically important in for the process of disarmament, demobilisation supporting the implementation of the compre- and reintegration, DDR, in the DRC. hensive peace agreement and for the political and Ireland and its EU partners remain active in economic recovery of Liberia. Our personnel ensuring that international attention continues to have been widely commended for the profession- focus on the serious situation regarding observ- alism of their work. Despite recent improvements ance of human rights in the DRC. The EU played in the security situation in UN-controlled areas, a key role in securing agreement on a consensus the Liberian peace process remains fragile. The resolution adopted at the UN Commission for situation is generally stable in Monrovia but less Human Rights in Geneva in April which con- so in other areas. Sporadic outbreaks of violence demns the ongoing serious violations of human in rebel strongholds highlight the need for a com- rights throughout the DRC and calls upon the prehensive process of disarmament, demobilis- transitional national Government to do all that it ation and reintegration. UNMIL has successfully can to end impunity as well as to cooperate fully completed its programme of disarmament, with the ongoing International Criminal Court demobilisation, rehabilitation and reintegration, investigation into serious human rights violations DDRR, for rebel groups which concluded on 31 carried out in the DRC since 1 July 2002. October 2004. Due to the fact that the number of combatants 82. Mr. Crawford asked the Minister for For- disarmed greatly exceeded original estimates, the eign Affairs the position regarding the political DDRR programme has encountered significant and humanitarian situation in Liberia; the financial problems and an additional US$20 mil- number of Irish nationals serving in the country lion is required for rehabilitation and reinte- at present; and if he will make a statement on the gration of the additional numbers. Ireland has matter. [18617/05] made a contribution of \1 million to the disarma- ment, demobilisation and rehabilitation prog- Minister for Foreign Affairs (Mr. D. Ahern): ramme in Liberia. Significant strides have also While Liberia has made remarkable progress been made in restructuring and reforming since the comprehensive peace agreement of Liberia’s police force and the USA is providing August 2003, it still faces the major challenges of material and technical support to restructure and a successful return to democracy and sustaining reform the army. the peace process. Parliamentary and presidential In December 2004, the United Nations Security elections are due to be held on 11 October 2005. Council renewed its trade sanctions against This election will mark the return of Liberia to a Liberia, extending bans on timber exports and constitutional democracy after 14 years of civil arms imports to the country for another year. The war. The registration process was completed last timber sanctions may be reviewed after six month, with 1.2 million people registering to vote months. The ban on diamond exports was in the 11 October poll. The cost of the elections extended for six months. In March 2005, the UN is expected to amount to US$17.5 million and the panel of experts informed the Security Council EU has pledged \4.5 million in electoral support. that Liberia could not as yet meet the criteria for President McAleese, accompanied by the Mini- joining the Kimberley process, which certifies ster for Defence, Deputy O’Dea, visited Liberia rough diamonds as legal for international sale. on 14 December 2004 and met Chairman Bryant, Security Council sanctions against the export of the former United Nations Special Representa- diamonds from Liberia are expected to remain tive in Liberia, Mr. Jacques Klein, and the Irish in place until the country succeeds in joining the battalion. Chairman Bryant visited Ireland in Kimberly Process. The European Union also November 2004 and expressed his gratitude for the invaluable role that Ireland has played in renewed article 96 measures against Liberia in Liberia. The Chief of Staff of the Defence Forces December in line with the UN Security Council visited the Irish battalion in February 2005. sanctions, as it was agreed that Liberia had not made enough progress in areas such as human Ireland recently established a development co- rights, governance, tackling corruption, and the operation office in Freetown, Sierra Leone, which is also responsible for the delivery of humani- judicial system to warrant an easing of sanctions tarian and development support to Liberia. At at this time. the international donor conference on Liberia in February 2004, Ireland pledged \5 million from Question No. 83 answered with Question 2004 to 2006 towards the recovery and recon- No. 14. struction needs of Liberia. To date, Ireland has committed \4.85 million of this pledge. Question No. 84 answered with Question No. 8. The United Nations mission in Liberia, UNMIL, was established on 19 September 2003 Overseas Development Aid. by UN Security Council resolution 1509. The Irish contingent comprises a motorised infantry 85. Mr. Eamon Ryan asked the Minister for battalion of some 410 personnel, together with six Foreign Affairs the measures he has taken to additional personnel deployed at force head- increase the Department’s capacity to account for quarters. The Government is of the view that the the spending of ODA by aid agencies, in order 1313 Questions— 2 June 2005. Written Answers 1314 that further insinuations that money is being mis- made available for such actions; and if he will spent by aid agencies are avoided; and if he will make a statement on the matter. [18477/05] make a statement on the matter. [18647/05] Minister for Foreign Affairs (Mr. D. Ahern): Minister of State at the Department of Foreign Ireland is a long-standing supporter of the right Affairs (Mr. C. Lenihan): The first priority of of the Saharawi people to self-determination. The Development Co-operation Ireland is long-term Government played a prominent role in seeking sustainable development with the objective of a solution to the Western Sahara dispute during poverty reduction through meeting basic needs its term on the UN Security Council. Security and building up local capacity. At the same time, Council resolution 1495 of July 2003 recom- there is an emphasis that the assistance provided mended the acceptance by all sides of the “Baker is both targeted and cost-effective. Projects and II plan”. This plan was drawn up by Mr. James programmes are subject to regular review and Baker during his term as personal envoy of the evaluation from sectoral experts within the UN Secretary General. The “Baker II” plan pro- development co-operation directorate and by poses a transitional period of four to five years external consultants. They are also subject to during which Western Sahara would be self-gov- review by the development assistance committee erning under Moroccan sovereignty. At the end of the OECD. of five years, a referendum would be held giving There is a range of management and account- residents a choice between independence, inte- ing controls in place throughout the development gration with Morocco or continued autonomy. aid programme. The aid programme has an active The Government believes that these proposals evaluation and audit unit, which carries out an represent the best way forward towards a nego- annual series of evaluations of various prog- tiated settlement of the issue which fully respects rammes and projects. Within the various schemes the right to self-determination of the Saharawi through which the Department funds aid agen- people. Algeria and the Polisario front have indi- cies, provision is made for evaluation and audit. cated their broad acceptance of these proposals. The multi-annual programme scheme, MAPS, is Morocco continues to reject them. United the most significant funding scheme in terms of Nations efforts to secure agreement between the the amount of funds available to aid agencies. parties, led by the Secretary General’s special MAPS is an arrangement established with a small representative, continue with the strong support number of Development Co-operation Ireland’s of the Government. core NGO partners, with the aim of strengthening The Government’s position on recognition is strategic and programmatic co-operation, and that there is as yet no Saharan state that meets providing a more flexible and predictable funding internationally established criteria for recognit- framework for the NGOs to operate. ion. Such a step would in any event prejudge the A number of major exercises have been con- outcome of the UN efforts, which, as I have ducted in the past in relation to civil society and noted, the Government strongly supports. As a key strategic evaluation of the MAPS scheme regards the question of mining and fishing rights, will be concluded before the end of the year. In the key issue is that Western Sahara is a non-self- addition to the management systems and require- governing territory. The principle that the ments agreed between the aid agencies and interests of the peoples of non-self-governing ter- Development Co-operation Ireland, there are a ritories are paramount, and that their well-being number of domestic requirements for aid agen- and development is the responsibility of their cies registered in most countries. In many cases, respective administering powers, is well estab- this includes requirements under the relevant lished in the charter of the United Nations. It is Companies Acts, including lodging annual audits developed further in UN General Assembly res- with the registrar of companies and publishing olutions on the question of decolonisation and annual reports. The proposed charities legislation economic activities in such territories. in Ireland should, while providing an enabling In recognising the inalienable rights of the environment for charities, further strengthen the peoples of non-self-governing territories to the oversight of aid agencies. natural resources in their territories, the UN Gen- eral Assembly has consistently condemned the Question No. 86 answered with Question exploitation and plundering of natural resources and any economic activities which are detrimen- No. 25. tal to the interests of the peoples of these territor- ies and deprive them of their legitimate rights EU Funding. over their natural resources. The UN has, 87. Mr. Broughan asked the Minister for For- however, recognised the value of economic activi- eign Affairs if recognition of the Sahara-Arab ties which are undertaken in accordance with the Democratic Republic as an independent state is wishes of the peoples of those territories, and still Government policy; his views on whether it their contribution to the development of such ter- is legal for mining or fishing rights, which were in ritories. Exploration and exploitation activities the jurisdiction of the former Spanish Sahara, to that proceed in disregard of the interests and be exploited by others; his further views on wishes of the Saharawi people would be in whether it is appropriate for EU assistance to be violation of the international law principles 1315 Questions— 2 June 2005. Written Answers 1316

[Mr. D. Ahern.] with regard to reaching the target will be applicable to natural resource activities in non- reflected in the text. self-governing territories. It would be inappropri- ate for EU assistance to be given to actions in EU Enlargement. violation of international law. 90. Mr. Deenihan asked the Minister for For- eign Affairs when it is envisaged that Romania Question No. 88 answered with Question and Bulgaria will join the European Union; and No. 61. if he will make a statement on the matter. [18609/05] Overseas Development Aid. Minister for Foreign Affairs (Mr. D. Ahern): 89. Ms O’Sullivan asked the Minister for For- Both Romania and Bulgaria are due to accede to eign Affairs the logic behind, and reasons for the the Union on 1 January 2007, if they are ready. production of a White Paper on Development The Treaty of Accession with both countries was Aid, in view of the fact that a major review took signed last month and since then they have place in the recent past which led to the establish- become active observers at nearly all EU meet- ment of an advisory committee; the new target ings. Bulgaria ratified the treaty on 11 May and date for the achievement of the 0.7% target for Romania is expected to ratify within the next few overseas development aid; if the proposed White weeks. In order for the treaty to come into effect, Paper will formally identify such a date; and if he as envisaged, on 1 January 2007 it must be ratified will make a statement on the matter. [18495/05] by all EU member states by 31 December 2006. Minister of State at the Department of Foreign Affairs (Mr. C. Lenihan): This will be the first Task Force on Emigrants. ever White Paper on development co-operation. 91. Mr. Hogan asked the Minister for Foreign The White Paper will set out coherent, effective Affairs the number of recommendations of the and sustainable policy priorities for the Govern- task force on emigrants that have been ment’s official programme of development assist- implemented to date; and if he will make a state- ance into the future that accurately reflect both ment on the matter. [18622/05] public and expert opinion, as well as best practice in the field. Minister for Foreign Affairs (Mr. D. Ahern): The Government remains committed to The task force on policy regarding emigrants pro- increasing the resources available for develop- duced an excellent report which provides us with ment co-operation, as evidenced by the three- a very valuable framework for action. Its varied year multi-annual commitment announced in the and wide-ranging recommendations are best last budget. The aid programme is not static. It implemented on a phased basis. Many of the has evolved as it has expanded and that will con- recommendations relate to issues of continuing tinue into the future, guided by the White Paper. importance which require ongoing action from all The report of the Ireland aid review committee partners, in Government and the voluntary sec- and the White Paper are very different. The tor, at home and abroad. Considerable progress report of the Ireland aid review committee pub- has already been made, with action underway on lished in 2002 was a most valuable and useful over two thirds of the report’s recommendations. document which remains valid today. The Ireland Overall policy is now, as recommended by the aid review committee was an independent com- task force, the responsibility of my Department. mittee of experts which made a wide range of The high priority that we attach to this issue is valuable recommendations on the future of the reflected in the establishment of the Irish abroad aid programme. Many of those recommendations unit and the designation of staff to work exclus- have been, or are being, implemented. ively on emigration issues. This is an important The preparation of the White Paper provides step and one which we are convinced is injecting an opportunity to engage in a broad public con- a fresh momentum to advance progress on all of sultation regarding the future direction of the the important areas identified by the task force. official development assistance programme. It Funding for emigrant services, which comprises will set out the principles which have brought us the Dı´on fund for emigrant welfare in Britain, as to where we are today and which will guide our well as direct funding from my Department to efforts into the future. The official development groups in the US, Australia and Ireland, is more assistance budget is public money. We want to than eight times greater now than it was in 1997. ensure that the public are aware of how it is being This year, funding for emigrant services has spent and also that they have an opportunity to reached \8.273 million. This is the highest make their views known. amount ever allocated and represents a 63% The Government remains strongly committed increase on 2004 funding. to achieving the UN target for expenditure on The higher level of funding for emigrant official development assistance. The issue of how services in recent years has allowed us to increase best to meet the target and in what timeframe is very significantly our financial support to volun- under ongoing review. This is a separate question tary agencies which provide invaluable services to from the preparation of the White Paper, our vulnerable emigrants. These agencies are although the implications of any decision taken active in the critical areas identified by the task 1317 Questions— 2 June 2005. Written Answers 1318 force of pre-departure services and, of course, in only one of the seven camps. Furthermore, the advice and support for our community living UNHCR decided in October 2003 to phase out abroad. They are also involved in assistance to assistance to the refugees camps and promote emigrants who may be considering returning to local integration of the refugees in Nepal. This Ireland, another important area examined by the was due to the Government of Bhutan’s refusal task force. to allow UNHCR access to southern Bhutan to A particular priority continues to be the need monitor the repatriation of refugees. to support our most vulnerable and marginalised Together with our EU partners, Ireland con- Irish community abroad such as our older com- tinues to urge the government of Bhutan to allow munity in Britain and undocumented Irish people UNHCR such access. We also call upon the in the United States. Agencies involved at the governments of both Bhutan and Nepal to invite front-line in supporting them received additional the UNHCR to participate fully in monitoring a funding last year. The additional funding avail- verification and appeals process for the able for this year means that financial assistance Bhutanese refugees in Nepal. in support of services that benefit our vulnerable In our national statement at the 61st session of emigrants will increase even more in the coming the Commission on Human Rights in Geneva on months. 11 April 2005, Ireland specifically raised the My Department will continue to maintain very plight of the Bhutanese refugees in Nepal, and close and regular contact with the front-line called for “a prompt, viable solution to the prob- organisations that support our emigrants so as to lems of this group, involving voluntary repatri- ensure that the voluntary sector have an effective ation, local integration or resettlement”. channel of communication to the Government. In Together with our EU partners, Ireland will con- this way, we can ensure that the needs of our emi- tinue to press the Government of Bhutan to grants continue to be accorded the highest priority and that our response is effective and is accept the UNHCR as an independent monitor developed further in the period ahead. of verified repatriation for this refugee group.

Foreign Conflicts. Question No. 93 answered with Question No. 13. 92. Mr. Stagg asked the Minister for Foreign Affairs if the Irish Permanent Mission to the Question No. 94 answered with Question United Nations will support the request of No. 14. Bhutanese refugees sheltered in seven camps in south-eastern Nepal to return in safety to their United Nations Reform. home country; if the mission supports the request that the King of Bhutan accept the office of the 95. Mr. Coveney asked the Minister for Foreign United Nations High Commissioner for Refugees Affairs if the five permanent members of the UN as an independent monitor of verified repatri- Security Council will block plans for reform; and ation; and if he will make a statement on the if he will make a statement on the matter. matter. [18509/05] [18625/05] Minister for Foreign Affairs (Mr. D. Ahern): Minister for Foreign Affairs (Mr. D. Ahern): The situation of the Bhutanese refugees has its The UN Secretary General has put forward a origins in the policies of the Government of wide-ranging set of proposals for UN reform Bhutan in the late 1980s and early 1990s, which which it is hoped will be adopted at a summit resulted in the expulsion of tens of thousands of level meeting to take place in New York in people from the south of the country to Nepal. September. A small number of reforms will These refugees are of Nepalese descent and require amendment of the UN Charter. The most Hindu, unlike the northern Bhutanese who are significant of these is the proposed expansion of predominantly Buddhist. Many of the refugees the Security Council. were forced to sign so-called “voluntary Article 108 of the charter states that an amend- migration certificates” when they were expelled, ment to the charter must be adopted by a vote of effectively forfeiting their rights to Bhutanese two thirds of the members of the General citizenship under the country’s citizenship laws. Assembly and ratified, in accordance with their They are now accommodated in seven camps in respective constitutional processes, by two thirds southeast Nepal administered by the United of the members, including by all the permanent Nations High Commissioner for Refugees, members of the Security Council. It is therefore UNHCR. possible for a permanent member to prevent a Although Bhutan and Nepal agreed in 1993 to change in the charter from coming into force. The set up a high level committee at foreign minister permanent members of the Council are, like all level to work towards a settlement of the refugee 191 members of the United Nations, taking part issue, little progress has been made. The commit- in the preparatory process ahead of next tee last met from 19-22 May 2003, in Kathmandu, September’s crucial summit at the United and agreed a report on the status of the refugees Nations. 1319 Questions— 2 June 2005. Written Answers 1320

[Mr. D. Ahern.] people for whom the driving licence is their main The House will be aware that, at the summit, form of identity. Furthermore, it is likely to Heads of State and Government will seek to present difficulties for undocumented people who agree on reforms that will strengthen the system work in sectors of the economy, such as construc- of collective security, to restore momentum to the tion or home help, where the necessity to drive achievement of the millennium development and possession of a driver’s license are vital. goals, to enhance the human rights function of On the broader front, there has been some the United Nations, and to reform its institutions positive progress on immigration reform. In a sig- and management structures. The House will be nificant development on 12 May, Senators equally aware that it is a central priority for the McCain and Kennedy, in co-operation with sev- Government to do what it can to promote the eral of their colleagues in the House, published a success of the summit. Bill which would grant undocumented people an Discussions on Security Council reform are opportunity to regularise their status. I welcome ongoing, and it would not be appropriate for me, this important, timely and very positive contri- particularly in light of my role as envoy of the bution to advancing the debate on this sensitive Secretary General, to comment on the position issue. of individual states. While the issue of Security The Deputy can be assured that the issues of Council reform is important, it should not, in the our undocumented citizens and immigration Government’s view, overshadow other very reform have the highest priority for the Govern- important aspects of the reform agenda. ment. The Taoiseach and I raised the issue of the undocumented, as well as the issue of wider Undocumented Irish Emigrants. immigration reform, with President Bush when 96. Mr. Quinn asked the Minister for Foreign we met with him on St. Patrick’s Day, and also Affairs his views on whether the proposed Real on the Hill at that time. President Bush re- ID Act in the United States will lead to the affirmed his commitment to work with Congress deportation of undocumented Irish emigrants liv- on immigration reform. The Taoiseach and I very ing in the United States before they have an much welcomed this commitment and empha- opportunity to achieve legal status; if he has had sised the importance of addressing the situation discussions with US authorities on the Real ID of the undocumented in a positive and sympath- Act; and if he will make a statement on the etic way. Our priority in the period ahead will matter. [18500/05] be to lobby strongly in support of the Kennedy- McCain Bill, and to encourage the White House Minister for Foreign Affairs (Mr. D. Ahern): to become actively involved in the immigration The Real ID Act was passed unanimously by the reform process. US Senate on 10 May 2005 and was signed into law by President Bush the following day. Among Overseas Development Aid. its provisions, the Real ID Act establishes mini- 97. Ms McManus asked the Minister for For- mum standards for state-issued driver’s licenses eign Affairs if he will make a statement on the and identity cards in order that they be eligible report commissioned by the Government in the for use as federal identification. People applying aftermath of the Asian tsunami; and if he will give for, or seeking renewal of, driver’s licenses and an indication of the Irish presence in Aceh, both official identity cards will need to prove their in terms of those persons employed by the Irish legal presence in the United States by showing Government as well as those working for non- official documentation such as proof of citizen- governmental associations. [18489/05] ship, a valid visa, or a pending application for asy- lum or protected status. Under the Act, states are Minister of State at the Department of Foreign required to introduce the necessary legislation Affairs (Mr. C. Lenihan): Mr. Chris Flood, in his over the next three years. role as the Irish Government’s special envoy to The Act was prompted in part by the report of the tsunami affected region, has to date made one the 9/11 Commission, which was set up in the US visit to Thailand, two to Sri Lanka and one to in response to the terrorist attacks of 11 Indonesia. Mr. Flood’s role is to oversee the dis- September 2001, and which recommended that bursement of Ireland’s assistance and to ensure it standards be set for the issuance of birth certifi- is carried out in line with best international cates and sources of identification, such as driv- practice. er’s licenses. As the Deputy may be aware, the Mr. Flood has briefed the Minister for Foreign regulations for issuing driver’s licenses vary from Affairs, Deputy Ahern, and myself on his findings state to state, allowing undocumented people in and has submitted two interim reports. These some states to obtain driver’s licenses, which are reports provide information about the humani- widely-accepted in the U.S. as a means of identi- tarian situation in the affected areas and the pro- fication. gress of the national and international response The impact of the new legislation cannot be to date. The reports also include recommend- foreseen at this time but clearly it could have an ations as to how the Government’s response to impact on numbers of undocumented Irish the tsunami can be developed in line with evolv- 1321 Questions— 2 June 2005. Written Answers 1322 ing needs. Mr. Flood’s recommendations have and has been the subject of discussion between been incorporated into the Government’s overall the Minister for Foreign Affairs and the UN Sec- tsunami response strategy. Mr. Flood will submit retary General. a final report following his next visit to the region, In his recent report on UN reform entitled, In which is scheduled for July. Larger Freedom, Kofi Annan particularly noted While the Government does not have a perma- the decision by the European Union to create nent presence in Aceh, several assessment and standby battlegroups as a very valuable contri- monitoring missions have been made to the bution to the efforts of the United Nations in this region by officials from Development Co-oper- area. Overall, he welcomed the development of ation Ireland. With regard to Irish NGOs in the regional rapid reaction capability and called for region, Concern has a number of Irish personnel greater co-operation between regional organis- on the ground, as have the Irish Red Cross and ations and the United Nations. Hope International. Tro´ caire is in the process of opening a regional office in Jakarta and some of Military Neutrality. its Irish personnel will travel to Aceh province 99. Mr. Timmins asked the Minister for Foreign from time to time. In addition, a number of Irish Affairs his views on whether Ireland should join missionaries are also working in the region. a common EU security and defence arrangement with other EU member states; and if he will make Overseas Missions. a statement on the matter. [17532/05] 98. Mr. Gilmore asked the Minister for Foreign Minister for Foreign Affairs (Mr. D. Ahern): Affairs if, in view of the discomfort he expressed The amendment to Bunreacht na hE´ ireann, at the term “battlegroup” at a recent meeting of approved by the people in October 2002 at the the Forum on Europe, he has held discussions initiation of the Government, precludes Ireland with the United Nations’ General Secretary and from participating in a common defence. It is the other high ranking officials in the UN regarding Government’s intention that this prohibition be any suggested regional rapid reaction force; and carried over in the context of the ratification of if he will make a statement on the matter. the European constitution. [18483/05] Minister for Foreign Affairs (Mr. D. Ahern): United Nations Reform. The term “battlegroups” is a widely used military 100. Ms O. Mitchell asked the Minister for For- one. It essentially refers to effective military units eign Affairs if the EU will agree on a common that are capable of stand-alone rapid response approach to UN reform; and if he will make a operations. Unfortunately, the use of the term statement on the matter. [18627/05] can create a misleading impression of what the European Union is actually seeking to achieve in Minister for Foreign Affairs (Mr. D. Ahern): facilitating the establishment of stand-alone units The European Union is a strong advocate of the to respond in crisis management contexts. I con- UN Secretary General’s reform agenda and has sider that the term, “rapid response elements”, by placed its weight behind efforts to secure agree- which battlegroups are also known, reflects more ment at the September summit on a positive and accurately the role these units are intended to balanced package of measures that would restore fulfil. momentum to the achievement of the millennium The value and importance of rapid response development goals, MDGs, and enhance the elements for dealing with crises at the request of effectiveness of the United Nations. the United Nations has been strongly emphasised Support for effective multi-lateralism with the by the UN Secretary General, Kofi Annan. They United Nations at its centre is a key element of could provide valuable support to the UN in crisis the European security strategy. The European management and be used to respond to situations Union and the United Nations are in close con- similar to the crisis in the Democratic Republic sultation on developing their cooperation in the of Congo in 2003 where the deployment of an EU maintenance of international peace and security. force contributed greatly to restoring stability and In the discussions taking place in New York on thereby alleviating a situation of great humani- the four clusters of proposals contained in the tarian distress. Secretary General’s, In Larger Freedom, report, The EU and the United Nations are natural the EU has voiced support for most of the key partners in the field of peacekeeping and crisis recommendations. These include, inter alia, management. The UN is increasingly looking to measures to ensure the attainment of the millen- regional organisations, such as the European nium development goals, the establishment of a Union and the African Union, to take on peace- peacebuilding commission to assist states emerg- keeping missions. Such missions, while mandated ing from conflict to make the transition to peace- or authorised by the UN Security Council, would ful development, and reform of the UN’s human be carried out by the regional organisations them- rights machinery. Many of the recommendations selves. This development was highlighted by Kofi in the Secretary General’s, In Larger Freedom, Annan during his visit to Dublin in October 2004 report are drawn from the report of the Secretary 1323 Questions— 2 June 2005. Written Answers 1324

[Mr. D. Ahern.] should not be allowed to overshadow other very General’s high-level panel on threats, challenges important elements of the reform agenda, or and change, which itself reflected key elements of prevent actions by the EU in support of the sum- the EU’s contribution to the work of the panel, mit outcome. drafted and agreed during Ireland’s EU presidency. Question No. 101 answered with Question The European Union, both at the United No. 8. Nations in New York and in multilateral fora, has engaged in an active policy of outreach with other Question No. 102 answered with Question major regional groups, in support of the Secretary No. 27. General’s, In Larger Freedom, agenda. Within the past week, the EU has discussed UN reform Health Services. and the preparation of the September summit 103. Mr. P. Breen asked the Ta´naiste and Mini- with its Latin American partners at the EU-Rio ster for Health and Children if a personal assist- group meeting and its Mediterranean partners at ant will be assigned for 26 hours to a person the seventh Euro-Mediterranean Ministers’ meet- (details supplied) in County Clare; and if she will ing. I was present at both meetings, which I make a statement on the matter. [18758/05] addressed in my capacity of envoy of the UN Sec- retary General. Minister of State at the Department of Health The European Union and its member states and Children (Mr. T. O’Malley): The Health Act have a major role to play in ensuring that the 2004 provided for the Health Service Executive, developed world plays its part in the achievement which was established on 1 January 2005. Under of the millennium development goals. EU the Act, the executive has the responsibility to Development Ministers agreed on 24 May to new manage and deliver, or arrange to be delivered official development assistance or ODA volume on its behalf, health and personal social services. targets, which, inter alia, commit the pre- This includes responsibility for personal assist- accession 15 members of the EU to reaching the ance services. Accordingly, my Department has target of allocating 0.7% of gross national income requested the chief officer for the mid-western to ODA by 2015, and the ten member states that area to investigate the matter raised and to reply acceded in 2004 to reaching 0.33% by that date. directly to the Deputy. They also agreed to an interim target of 0.56% by 2010 for the European Union as a whole. This 104. Mr. McGuinness asked the Ta´naiste and agreement will ensure that the EU fulfils its side Minister for Health and Children if her attention of the bargain struck at the Monterrey conference has been drawn to the poor quality of replies on financing for development in 2002, when the being issued by the Health Service Executive in developed countries committed themselves to response to parliamentary questions; the increase funding and the developing countries unacceptable length of time it takes for the HSE committed themselves to good governance and to respond; if there is a tight and specified time- respect for human rights. frame within which replies should be given by The European Union presidency intends to way of regulation or legislation; if all replies will reach formal agreement by way of a declaration be comprehensive and deal with the information at the European Council later this month on the requested without fudge; and if she will make a broad range of EU support for the Secretary statement on the matter. [18759/05] General’s reform agenda and the preparation of the summit. The European Commission has been Ta´naiste and Minister for Health and Children actively engaged in the development of a coher- (Ms Harney): Since the establishment of the ent policy on cluster one, or development aid, Health Service Executive, the chief officers, that issues and has made a number of useful proposals is, the former health board CEOs, in each of its for EU action in support of a number of areas on administrative areas have continued to deal with the September agenda, including human rights, parliamentary questions in accordance with the peace building, environment, sanctions, small arrangements which previously operated under arms and the institutional strengthening of the the health boards. This arrangement was calcu- UN. lated to avoid any erosion in the accountability, One aspect of reform where the European as regards the timeliness or quality of replies, Union does not have a Common Position is that arising under the parliamentary question system of reform of the Security Council, where, as the since the health boards were abolished. House will be aware, sharply diverging positions The executive recently established a parliamen- among partners have prevented the emergence of tary affairs division to act as a central contact for a shared EU position. The EU, accordingly, does all Oireachtas requests relating to matters within not pronounce collectively on this issue. its statutory remit. A key function of the division However, this has not impaired the capacity of is to monitor, throughout the executive’s national the EU to address actively the broad range of UN directorates and administrative areas, the time- reform measures currently under discussion. It liness of replies and to follow-up immediately 1325 Questions— 2 June 2005. Written Answers 1326 where a reply has not issued within 20 working Executive to investigate the matter raised by the days of receipt of the referral. Deputy and respond to her directly. It is my view, shared by the executive, that it There has been an increase in the level of should endeavour to give all available infor- health service employment of 30,882, excluding mation and possible assistance to Oireachtas home helps, in whole-time equivalent terms, since members as circumstances may permit at the time 1997, or 45.5%. In this context, comparing of reply. I recognise that the subject matter of employment levels at end-December 2004 to questions can differ greatly in their detail and those at end-1997, there were 40.9% more medi- complexity. Also, it may not always be possible cal-dental personnel, an increase of 2,037; 116% for a public body to give all information sought more health and social care professionals or a definitive reply within a particular time. The employed in the health services, an increase of guiding principle, however, must be to provide 6,892; and 25.5% more nurses in whole-time the maximum assistance possible. This is an area equivalent terms, an increase of 6,967. which merits ongoing attention between my Department and the executive. In that regard, the Cancer Screening Programme. establishment of the new division will enable the executive to centrally monitor, and be held 107. Ms McManus asked the Ta´naiste and accountable for, the service provided to Minister for Health and Children the number of Oireachtas members. My Department is currently tenders and requests to participate as a design working with the executive on the finalisation and team to work up detailed plans for the design and early implementation of arrangements to further construction of the two new BreastCheck static enhance the capabilities of the executive to pro- clinical units have been received; the length of vide an information service to Oireachtas time expected in deliberating on the tenders members. received; and if she will make a statement on the I am keen to ensure that the executive provides matter. [18788/05] a high quality service to members of the Oireachtas and I will shortly be making regu- Ta´naiste and Minister for Health and Children lations under section 79 of the Act regarding the (Ms Harney): A contract notice was dispatched conduct by the executive of its dealings with to the Official Journal of the European Com- members of either House of the Oireachtas. munities, OJEC, on 6 May 2005 concerning the appointment of a design team for new breast scre- Departmental Expenditure. ening centres in Cork and Galway. The contract will be awarded using the negotiated procedure. 105. Mr. McGuinness asked the Ta´naiste and Minister for Health and Children the costs paid In accordance with EU procurement procedures, from Exchequer funds to 31 December 2004 with the time-limit for receipt of requests to partici- regard to all commissions, inquiries and tribunals pate in the procedure is 37 days — 12 June 2005 commenced since 1995 by her Department; the — from the date of dispatch of the notice. title of the commission, inquiry and tribunal; the Immediately following the closing date for receipt estimated date of completion of same; the esti- of requests to participate, shortlisting of appli- mated final cost of each commission, inquiry and cants for interview will commence. A minimum tribunal. [18761/05] of three and a maximum of six applicants for each design team discipline will be interviewed. It is Ta´naiste and Minister for Health and Children intended that the appointment of the design team (Ms Harney): The information requested is being will be carried out as expeditiously as possible. collated by my Department and will be forwarded to the Deputy as soon as possible. Hospital Staff. Health Service Staff. 108. Mr. Ring asked the Ta´naiste and Minister for Health and Children when a person (details 106. Ms McManus asked the Ta´naiste and supplied) in County Mayo will be seen in a Minister for Health and Children the number of hospital in Dublin. [18801/05] vacancies by Health Board area, of nursing, ther- apy and allied medical professional posts; and if Ta´naiste and Minister for Health and Children she will make a statement on the matter. (Ms Harney): The Health Act 2004 provided for [18784/05] the Health Service Executive, which was estab- Ta´naiste and Minister for Health and Children lished on 1 January 2005. Under the Act, the (Ms Harney): The quarterly health service per- executive has the responsibility to manage and sonnel return collects employment information deliver, or arrange to be delivered on its behalf, solely on the basis of grade and employing agency health and personal social services. As the person and does not include any data in relation to vac- in question resides in County Mayo, my Depart- ancy levels as requested by the Deputy. Accord- ment has requested the chief officer for the ingly, my Department has requested the national executive’s western area to investigate the matter director of human resources of the Health Service raised, and to reply directly to the Deputy. 1327 Questions— 2 June 2005. Written Answers 1328

Consultant Appointments. fund; if the initiative is confined to certain specialties; if there is a waiting period after which 109. Mr. G. Murphy asked the Ta´naiste and patients in these hospitals will make an appli- Minister for Health and Children when the post cation to the fund; and if she will make a state- of consultant haematologist with interest in child ment on the matter. [18832/05] haematology in Cork University hospital (details supplied) will be advertised. [18807/05] Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): Arrangements for the outpatient (Ms Harney): The Health Act 2004 provided for pilot projects mentioned by the Deputy are being the Health Service Executive, which was estab- made by the national treatment purchase fund, lished on 1 January 2005. Under the Act, the NTPF. My Department, has, therefore, asked the executive has the responsibility to manage and chief executive of the NTPF to respond directly deliver, or arrange to be delivered on its behalf, to the Deputy with regard to the information health and personal social services. This includes requested. responsibility for the recruitment of consultant staff. Accordingly, my Department has requested Inter-country Adoptions. the chief officer of the executive’s southern area 112. Mr. Bruton asked the Ta´naiste and Mini- to investigate the matters raised and to reply ster for Health and Children if the Government directly to the Deputy. is making efforts to have an independent rep- resentative appointed to protect the rights of a Hospitals Building Programme. person (details supplied); and if she will make a 110. Mr. McGuinness asked the Ta´naiste and statement on the matter. [18834/05] Minister for Health and Children when the design Minister of State at the Department of Health team will be appointed to the project at St. Luke’s and Children (Mr. B. Lenihan): The Attorney Hospital, Kilkenny as announced by her Depart- General has been engaged in correspondence ment three years ago; if the plans for this project with the legal representative of this child’s adop- have been received by her Department; if the tive parents in seeking to find a solution to this plans will be approved and allowed to go to local case. High Court proceedings have been issued authority planning stage; and if she will make a by the Attorney General in his role as protector statement on the matter. [18816/05] of the unprotected against the adoptive parents Ta´naiste and Minister for Health and Children of this child. As the matter is before the court, it (Ms Harney): A design brief was prepared some is not appropriate to comment further on it. time ago by the South Eastern Health Board for a major re-development at St. Luke’s Hospital, Medical Cards. Kilkenny. This formed part of the board’s overall 113. Mr. Durkan asked the Ta´naiste and Mini- proposals under the National Development Plan, ster for Health and Children if reconsideration NDP, 2000-2006, and was submitted to my will be given to the case of an application for a Department. Given the various competing medical card in the name of a person (details demands overall for capital priorities under the supplied) in County Kildare; and if she will make NDP, including the need to take account of non- a statement on the matter. [18839/05] capital implications of capital proposals, it has not been possible to date to progress this particular Ta´naiste and Minister for Health and Children project. (Ms Harney): The Health Act 2004 provided for As the Deputy will be aware, the Health Act the Health Service Executive, which was estab- 2004 provided for the Health Service Executive, lished on 1 January 2005. Under the Act, the established on 1 January 2005, to manage and executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, deliver, or arrange to be delivered on its behalf, health and personal social services. This includes health and personal social services. This includes responsibility for considering new capital pro- responsibility for the assessment of applications posals or progressing those already in train, under for medical cards. Accordingly, my Department the health capital investment framework 2005- has requested the chief officer of the Health 2009. Service Executive’s south western area to investi- It is therefore a matter for the HSE to consider gate the matter raised and to reply directly to any proposed development of the type specified, the Deputy. in the context of its overall priorities and fund- 114. Mr. Durkan asked the Ta´naiste and Mini- ing resources. ster for Health and Children when a medical card will issue in the case of a person (details supplied) National Treatment Purchase Fund. in County Kildare; and if she will make a state- 111. Mr. Bruton asked the Ta´naiste and Mini- ment on the matter. [18840/05] ster for Health and Children the 14 hospitals from which patients on the outpatient waiting lists will Ta´naiste and Minister for Health and Children have access to the national treatment purchase (Ms Harney): The Health Act 2004 provided for 1329 Questions— 2 June 2005. Written Answers 1330 the Health Service Executive, which was estab- provided; and if she will make a statement on the lished on 1 January 2005. Under the Act, the matter. [18842/05] executive has the responsibility to manage and Ta´naiste and Minister for Health and Children deliver, or arrange to be delivered on its behalf, (Ms Harney): I propose to take Questions Nos. health and personal social services. This includes 115 and 116 together. responsibility for the assessment of applications As responsibility for the management and for medical cards. Accordingly, my Department delivery of health services is a matter for the has requested the chief officer of the Health Health Service Executive, my Department has Service Executive’s south western area to investi- requested the chief officer for the executive’s gate the matter raised and to reply directly to eastern regional area to reply directly to the the Deputy. Deputy with regard to the matters raised. Hospital Accommodation. Medical Cards. 115. Mr. Durkan asked the Ta´naiste and Mini- 117. Mr. Bruton asked the Ta´naiste and Mini- ster for Health and Children the role in respect ster for Health and Children the number of per- of the alleviation of bed shortages in each of the sons covered by medical cards; the percentage hospitals in the greater Dublin area with part- which this represents; and the number of pre- icular reference to James Connolly Memorial scriptions issued in 2003, 2004 and to date in Hospital, Blanchardstown, Peamount, Naas Gen- 2005. [18891/05] eral and other similar hospitals which have been identified as having potential in this regard; if all 119. Mr. Bruton asked the Ta´naiste and Mini- the necessary facilities in terms of staff, equip- ster for Health and Children the number of pati- ment and accommodation have been addressed; ent visits, prescriptions issued and population and if she will make a statement on the cover under the medical card scheme in each of matter. [18841/05] the years 1998 to 2005. [18893/05] 116. Mr. Durkan asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children the standard and (Ms Harney): I propose to take Questions Nos. type of extra beds available to alleviate over- 117 and 119 together. crowding in the various hospitals in the greater The number of persons covered by medical Dublin area; the number and quality of such beds cards since 1998 to date in 2005 is set out in the provided; the locations to which they have been following table.

Years No. of persons covered % of population Population

December 1998 1,183,554 31.95 3,704,900 December 1999 1,164,187 31.09 3,786,900 December 2000 1,148,055 30.32 3,786,900 December 2001 1,199,454 31.24 3,838,900 December 2002 1,168,745 29.84 3,917,203 December 2003 1,158,143 29.57 3,917,203 December 2004 1,148,914 28.41 4.043,800 May 2005 1,146,347 28.35 4,043,800

The statistics requested by the Deputy concern- and is based on the most recent information avail- ing the number of patient visits is not kept by my able in the 2003 annual report of the HSE, Pri- Department. GMS general practitioners receive a mary Care Reimbursement Services, former capitation fee for each medical card patient on GMS, payments, board. their panel. This annual capitation amount is pay- able to the general practitioner regardless of the Years Number of prescriptions dispensed number of consultations involved. Statistics on the number of visits are not currently collected December 1997 9,355,985 for this group of general practitioners. However, December 1998 9,474,988 a small group of general practitioners, 18, in 2003 December 1999 9,631,472 are paid on a fee per item basis. Information in December 2000 9,737,023 the 2003 GMS, payments, board annual report December 2001 10,453,500 suggests an overall visiting rate for patients of December 2002 11,551,122 these doctors of 10.97 visits in 2003. December 2003 12,243,184 Information regarding the number of prescrip- tions issued is not collected by my Department. Figures in respect of the number of prescriptions Information relating to the number of prescrip- dispensed in 2004 and to date in 2005 are not yet tions dispensed is contained in the following table available. However, my Department has referred 1331 Questions— 2 June 2005. Written Answers 1332

[Ms Harney.] aged 70 years and over are not readily available the matter to the HSE for investigation and in my Department. Accordingly, my Department direct reply. has requested the chief executive officer of the HSE primary care reimbursement service to 118. Mr. Bruton asked the Ta´naiste and Mini- investigate the matter raised and to reply directly ster for Health and Children the number of per- to the Deputy. sons with medical card cover aged 70 and over in 2000, 2004 and to date in 2005; and the average Question 119 answered with Question cost of medical card cover for persons aged 70 No. 117. and over compared to those aged under 70 in each of the respective years. [18892/05] General Medical Services Scheme. 120. Mr. Bruton asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children the breakdown of (Ms Harney): Information in respect of the the capitation rates paid to general practitioners number of persons with medical card cover aged based on the age, gender and distance from the 70 years and over in 2000 was not collected. surgery of the patients on their GMS panels in However, following the decision to introduce each of the years 1997 to 2005; the way in which automatic eligibility for a medical card for all per- this payment is calculated if it bears no relation sons aged 70 and over, from July 2001, statistical to the number of consultations. [18894/05] information is available from June 2001, and is set Ta´naiste and Minister for Health and Children out in the following table for the relevant dates: (Ms Harney): On the basis of the figures con- tained in the annual reports of the GMS pay- Number of persons aged 70 and over. ments board, now the HSE primary care reim- bursement service, the capitation rates paid to June 2001 December 2004 April 2005 general practitioners are shown in the following tables. The latest date to which figures are avail- 258,183 316,928 319,790 able is December 2004. It should be noted that adjustments to capitation rates under national The figures requested by the Deputy concerning wage agreements have not been applied since 1 the average cost of a medical card for persons January 2004.

Capitation Fees as at 31st December 1997.

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

Male Female Male Female Male Female Male Female Male Female

££££ £ £££ £ £ up to 4 35.69 34.83 37.60 36.74 40.41 39.55 43.17 42.32 46.61 45.76 5-15 20.73 20.98 21.53 21.75 22.68 22.92 23.80 24.03 25.22 25.43 16-44 26.48 43.26 27.50 44.29 29.00 45.79 30.47 47.26 32.31 49.10 45-64 52.83 58.05 55.30 60.52 58.91 64.12 62.46 67.71 66.90 72.11 65 and over 55.66 62.12 62.47 68.92 72.59 79.03 82.53 88.96 94.85 101.29

Capitation Fees as at 31st December 1998

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

Male Female Male Female Male Female Male Female Male Female

££££ £ £££ £ £ up to 4 38.94 37.98 41.00 40.06 44.06 43.13 47.08 46.16 50.83 49.89 5-15 22.60 22.86 23.46 23.71 24.72 25.00 25.94 26.21 27.48 27.71 16-44 28.85 47.17 29.96 48.29 31.61 49.92 33.22 51.27 35.20 53.52 45-64 57.62 63.31 60.29 65.98 64.23 69.91 68.11 73.81 72.95 78.62 65 and over 60.70 67.71 68.12 75.14 79.14 86.16 89.96 96.99 103.42 110.45 1333 Questions— 2 June 2005. Written Answers 1334

Capitation Fees as at 31st December 1999.

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

Male Female Male Female Male Female Male Female Male Female

££££ £ £££ £ £ up to 4 39.52 38.55 41.62 40.66 44.72 43.78 47.79 46.85 51.59 50.64 5-15 22.94 23.20 23.81 24.07 25.09 25.38 26.33 26.60 27.89 28.13 16-44 29.28 47.88 30.41 49.01 32.08 50.67 33.72 52.04 35.73 54.32 45-64 58.48 64.26 61.19 66.97 65.19 70.96 69.13 74.92 74.04 79.80 65-69 61.61 68.73 69.14 76.27 80.33 87.45 91.31 98.44 104.97 112.11 70 and over 63.61 70.95 71.37 78.73 82.93 90.28 94.27 101.63 108.37 115.74

Capitation Fees as at 31st December 2000.

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

Male Female Male Female Male Female Male Female Male Female

££££ £ £££ £ £ up to 4 44.18 43.14 46.41 45.39 49.71 48.71 52.98 51.98 57.04 56.02 5-15 26.50 26.78 27.43 27.71 28.79 29.10 30.11 30.41 31.78 32.03 16-44 33.26 53.08 34.46 54.28 36.24 56.05 37.99 57.51 40.13 59.94 45-64 64.37 70.53 67.26 73.42 71.52 77.67 75.72 81.89 80.95 87.09 65-69 67.71 75.30 75.73 83.33 87.65 95.24 99.35 106.95 113.91 121.52 70 and over 69.84 77.66 78.10 85.95 90.43 98.25 102.51 110.36 117.53 125.39

Capitation Fees as at 31st December 2001.

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

Male Female Male Female Male Female Male Female Male Female

\\\\ \ \\\ \ \ up to 4 60.36 58.94 63.41 62.03 67.92 66.55 72.39 71.03 77.94 76.54 5-15 36.21 36.58 37.48 37.85 39.32 39.76 41.14 41.56 43.41 43.77 16-44 45.44 72.53 47.08 74.15 49.51 76.58 51.91 78.58 54.83 81.90 45-64 87.95 96.37 91.89 100.32 97.72 106.12 103.46 111.89 110.61 119.00 65-69 92.51 102.87 103.47 113.87 119.76 130.12 135.75 146.13 155.64 166.04 70 and over 95.43 106.11 106.71 117.44 123.56 134.24 140.06 150.79 160.58 171.33

From 1 July 2001, the capitation rate was \462.16 of \669.79 per annum applied from that date to per annum for persons aged 70 years and over in anyone aged 70 years and over in a private nurs- the community issued with a medical card for the ing home, approved by a health board, for any first time regardless of income. A capitation rate continuous period of five weeks.

Capitation Fees as at 31st December 2002.

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

Male Female Male Female Male Female Male Female Male Female

\\\\ \ \\\ \ \ up to 4 62.78 61.31 65.95 64.51 70.63 69.21 75.29 73.88 81.07 79.61 5-15 37.65 38.05 38.99 39.38 40.90 41.36 42.79 43.22 45.16 45.53 16-44 47.25 75.43 48.97 77.13 51.49 79.65 53.99 81.73 57.02 85.19 1335 Questions— 2 June 2005. Written Answers 1336

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

Male Female Male Female Male Female Male Female Male Female

45-64 91.48 100.23 95.57 104.33 101.64 110.37 107.61 116.37 115.04 123.76 65-69 96.22 107.00 107.62 118.42 124.56 135.34 141.19 151.98 161.87 172.69 70 and over 99.25 110.36 110.98 122.15 128.50 139.61 145.69 156.83 167.02 178.19

The capitation rate was \480.64 per annum for per annum applied to anyone aged 70 years and persons aged 70 years and over in the community over in a private nursing home, approved by a issued with a medical card for the first time health board, for any continuous period of five regardless of income. A capitation rate of \696.58 weeks.

Capitation Fees as at 31st December 2003.

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

Male Female Male Female Male Female Male Female Male Female

\\\\ \ \\\ \ \ Up to 4 62.78 61.31 65.95 64.51 70.63 69.21 75.29 73.88 81.07 79.61 5-15 37.65 38.05 38.99 39.38 40.90 41.36 42.79 43.22 45.16 45.53 16-44 47.25 75.43 48.97 77.13 51.49 79.65 53.99 81.73 57.02 85.19 45-64 91.48 100.23 95.57 104.33 101.64 110.37 107.61 116.37 115.04 123.76 65-69 96.22 107.00 107.62 118.42 124.56 135.34 141.19 151.98 161.87 172.69 70 and over 99.25 110.36 110.98 122.15 128.50 139.61 145.69 156.83 167.02 178.19

The capitation rate was \480.64 per annum for per annum applied to anyone aged 70 years and persons aged 70 years and over in the community over in a private nursing home, approved by a issued with a medical card for the first time health board, for any continuous period of five regardless of income. A capitation rate of \696.58 weeks.

Current capitation fees.

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

Male Female Male Female Male Female Male Female Male Female

\\\\ \ \\\ \ \ Up to 4 61.65 60.13 64.91 63.43 69.74 68.27 74.53 73.08 80.48 78.98 5-15 35.77 36.17 37.14 37.55 39.11 39.58 41.06 41.50 43.50 43.88 16-44 45.65 74.67 47.42 76.43 50.01 79.02 52.60 81.16 55.71 84.72 45-64 91.20 100.22 95.42 104.44 101.67 110.67 107.82 116.85 115.48 124.45 65-69 96.09 107.20 107.83 118.96 125.28 136.39 142.41 153.52 163.71 174.85 70 and over 105.72 117.16 117.81 129.30 135.85 147.29 153.54 165.02 175.52 187.03

The capitation rate was \495.07 per annum for Hospital Services. persons aged 70 years and over in the community 121. Mr. Bruton asked the Ta´naiste and Mini- issued with a medical card for the first time \ ster for Health and Children the number of regardless of income. A capitation rate of 717.48 inpatient admissions in hospital in 2003, 2004 and applied to anyone aged 70 years and over in a to date in 2005; the number of day cases; and the private nursing home, approved by a health total inpatient and day care capacity in each board, for any continuous period of five weeks. year. [18895/05] The capitation rates paid to general prac- titioners reflect the agreed outcome of industrial 123. Mr. Bruton asked the Ta´naiste and Mini- negotiations between the Department of Health ster for Health and Children the number of acci- and Children and the representative organisation dent and emergency attendances and of out pati- of the doctors involved, the Irish Medical Organ- ent attendances in 2003, 2004 and to date in isation. This annual capitation rate is payable to 2005. [18897/05] the general practitioner regardless of the number Ta´naiste and Minister for Health and Children of consultations involved. These rates normally (Ms Harney): I propose to take Questions Nos. attract national wage agreement adjustments and 121 and 123 together. are dependant on the age, gender and location of The information requested by the Deputy is the patient. provided in the following table. 1337 Questions— 2 June 2005. Written Answers 1338

Publicly Funded Acute Hospitals: Summary Activity Data, 2003, 2004 and 2005.

2003 2004 January to March 2005

In-Patient Admissions 567,303 575,902 140,224 Day Cases 448,676 484,090 119,355 In-Patient Beds Available 12,299 12,331 12,444 Day Beds Available 909 1,081 1,142 A&E Attendances 1,211,071 1,240,241 295,137 Out-Patient Attendances 2,275,202 2,379,751 613,991 Notes: (i) Data for 2004 and 2005 are provisional. (ii) ‘Beds Available’ refers to the average number of beds available for use over the period taking beds that were temporarily closed or opened into account. Source: Integrated Management Returns, Department of Health and Children.

Total Inpatient Procedures and Casemix Base Price per 122. Mr. Bruton asked the Ta´naiste and Mini- Inpatient Discharge 1998-2004. ster for Health and Children the number of Year Total Number of Inpatient Base Price inpatient procedures in hospitals here in each of Inpatient Procedures the years 1998 and to date in 2005; and the esti- mated cost of an inpatient procedure in the same \ years. [18896/05] 1998 555,995 2,002.79 1999 682,389 2,325.37 Ta´naiste and Minister for Health and Children 2000 797,134 2,455.13 (Ms Harney): The information requested by the 2001 980,517 2,910.03 Deputy is set out in the following table. The 2002 1,267,710 3,467.23 activity figures refer to total procedures carried 2003 1,433,610 3,644.19 out on an inpatient basis to patients discharged 2004 1,469,078 in each of the specified years from 1998 to 2004, Source: This table is based on hospital inpatient inquiry, inclusive, from all publicly funded acute hospitals. HIPE, data received to end of April 2005. Day cases are not included. Data for 2005 is not yet available. The data are derived from the Question No. 123 answered with Question hospital inpatient inquiry, HIPE, system. The fig- No. 121. ures indicate that the numbers of recorded inpatient procedures carried out in publicly Health Service Staff. funded acute hospitals have more than doubled 124. Mr. Bruton asked the Ta´naiste and Mini- since 1998. It should be noted that approximately ster for Health and Children the number 50% of the increase between 2001 and 2002 can employed in the health services in 2004 and to be attributed to a provision in the HIPE system date in 2005 and the way in which that has grown introduced in 2002 to allow recording of up to ten since 1997; the way in which these numbers are procedures compared with a maximum of four for distributed between programmes, general data prior to 2002. hospital, long-stay facilities, disability, mental As indicated, day case work, much of which is health, community health, doctors, nurses, par- amedics and so on and administrative back up. procedure-based, is not included in the table. [18898/05] There has been a 180% increase in day case activity over the period 1998 to 2004. Ta´naiste and Minister for Health and Children (Ms Harney): The quarterly health service per- The second column, which indicates inpatient sonnel return collects employment information base price, refers to the average cost per inpatient solely on the basis of grade and employing agency discharge based on the 32 publicly funded acute and does not include any data on a programme hospitals which participate in the casemix prog- by programme basis as requested by the Deputy. ramme. Casemix is a method of hospital funding The latest available data is in respect of year which quantifies hospital outputs by classifying end 2004. Between 1997 and year end 2004, there each patient into a specific resource group. Indi- was an increase in the level of employment of vidual procedures are not costed and the data 30,882, or 45.5%, excluding home helps, in whole- cannot be used to estimate cost per procedure or time equivalent terms. In this context, comparing total cost for all procedures. Casemix costs for employment levels at end-December 2004 to 2004 are not yet available. those at end-1997, there were 40.9%, 2,037, more medical and dental personnel, 116%, +6,892, more health and social care professionals and 25.5%, 6,967, more nurses employed in the health 1339 Questions— 2 June 2005. Written Answers 1340

[Ms Harney.] growth between grade categories, however, owing services in whole-time equivalent, WTE, terms. to some changes in their composition over the Employment growth in each of the grade categor- period. ies of health service staff in the health board, vol- As far as the balance between front line and untary hospital and intellectual disability sectors administrative staff is concerned, almost two- respectively is set out in the following table for thirds of health services personnel formally classi- the period requested by the Deputy. Caution fied as management or administrative are should be exercised in comparing employment involved in direct service provision to the public.

Public Health Service Employment by type of Administration1.

Type of Administration Grade Category 31/12/1997 31/12/2004 Change end- 1997 to end- 2004

Health Boards Medical/Dental 3,029 4,481 1,452 Nursing 17,358 23,360 6,002 Health and Social Care Professionals2 3,613 7,814 4,201 Management/Administrative3 5,910 11,479 5,569 General Support Staff and Other Patient and Client Care 13,491 18,642 5,151

Sub-Total 43,401 65,776 22,375

Intellectual Disability Services Medical/Dental 49 89 40 Nursing 2,166 2,624 458 Health and Social Care Professionals2 364 2,140 1,776 Management/Administrative3 485 974 489 General Support Staff and Other Patient and Client Care 3,211 4,783 1,572

Sub-Total 6,275 10,610 4,335

Voluntary Hospitals Medical/Dental 1,898 2,444 546 Nursing 7,822 8,329 507 Health and Social Care Professionals2 1,961 2,876 915 Management/Administrative3 2,449 3,704 1,255 General Support Staff and Other Patient and Client Care 4,035 4,985 950

Sub-Total 18,165 22,337 4,172

Total 67,841 98,723 30,882 Source: Health Service Personnel Cenus. Note 1: Excludes Home Helps. Note 2: The professionalisation of Child Care Workers/House Parents resulted in grade category shift of these grades from Other Patient Care to Health and Social Care Professionals in 2001-2002. This change together with other changes of a less substantial nature have resulted in making direct comparisons over extended periods unreliable for these categories. Note 3: Includes all management/administrative and clerical personnel. The Management/Administrative Category includes — staff who are of direct service to the public and include Consultant‘s Secretaries, Out-Patient Departmental Personnel, Medical Records Personnel, Telephonists and other staff who are engaged in front-line duties together with staff in the following categories Payroll, Human Resource Management (including training), Service Managers, IT Staff, General Management Support and Legislative and Information Requirements.

Health Services. Service Executive, Vote 40 is \1,005.924 million. The Estimate for 2005 has not been revised at 125. Mr. Bruton asked the Ta´naiste and Mini- this stage. ster for Health and Children the total receipts from the health levy for 2003 and 2004 including 126. Mr. Bruton asked the Ta´naiste and Mini- the estimate for 2005 based on the returns for the ster for Health and Children the national average year to date. [18899/05] base price for inpatient and day cases in 2002, Ta´naiste and Minister for Health and Children 2003 and 2004. [18900/05] (Ms Harney): The amount received by the Department of Health and Children in respect of Ta´naiste and Minister for Health and Children health contributions in 2003 and 2004 was (Ms Harney): The casemix adjusted base price for \855.938 million and \950.52 million, respect- inpatients and day cases is the average cost of a ively. The 2005 estimated receipt from health case when all national data has been aggregated. contributions, as published in the 2005 Revised The national base price is the national cost of tre- Estimates Volume, for the Vote for the Health ating a standard case with a complexity of 1. Data 1341 Questions— 2 June 2005. Written Answers 1342 on the national average base price for inpatients on audited costs and activity, is contained in the and day cases is detailed in the attached table. table that follows this reply. Data for 2004 will be The data sought by the Deputy, which is based available as part of the 2006 financial allocation.

Year of Financial Allocation Year of Activity and Costs National Inpatient Base Price National Day case Base Price

\\ 2002 2000 2,454 523 2003 2001 2,910 604 2004 2002 3,467 547* 2005 2003 3,644 540* *The Day case Base Price for 2002 and 2003 fell because the programme was broadened and more less costly activity was included, thereby reducing the ‘average’ cost per case.

Decentralisation Programme. ending between 1 January 2003 and 31 December 2003. During that time, companies in the micro- 127. Mr. Durkan asked the Ta´naiste and Mini- enterprise category had a corporation tax liability ster for Health and Children the number of civil of \169 million and companies in the small and and public servants on a county basis who have medium sized enterprise category had a corpor- been relocated in accordance with the Govern- ation tax liability of \509 million. ment’s programme for decentralisation; and if she Foreign direct investment companies are not will make a statement on the matter. [18902/05] identified on the records of the Revenue Com- Ta´naiste and Minister for Health and Children missioners in a manner that enables the infor- (Ms Harney): The General Register Office in mation sought by the Deputy to be provided. The Roscommon is the only section of the Depart- contribution of all companies to other tax rev- ment of Health and Children that is based outside enues, such as VAT and stamp duty, cannot be Dublin. The decentralisation of the office has readily identified from the overall yield from such been completed. Some 52 people are based in the taxes. This information could not be obtained Roscommon office. without conducting a protracted examination of the records of the Revenue Commissioners. Tax Yield. 128. Mr. Morgan asked the Minister for Fin- Departmental Expenditure. ance the contribution of SMEs to the economy in 131. Mr. McGuinness asked the Minister for terms of tax revenues. [18744/05] Finance the costs paid from Exchequer funds to 31 December 2004 in relation to all commissions, 129. Mr. Morgan asked the Minister for Fin- inquiries and tribunals commenced since 1995 by ance the contribution of micro enterprises to the his Department; the title of the commission, economy in terms of tax revenues. [18745/05] inquiry and tribunal; the estimated date of com- 130. Mr. Morgan asked the Minister for Fin- pletion of same; the estimated final cost of each ance the contribution of FDI companies to the commission, inquiry and tribunal. [18762/05] economy in terms of tax revenues. [18746/05] Minister for Finance (Mr. Cowen): The only Minister for Finance (Mr. Cowen): I propose expenditure from the Vote of the Department of to take Questions Nos. 128 to 130, inclusive, Finance that was spent on commissions, inquiries together. and tribunals in the years in question was spent I have been informed by the Revenue Commis- on the Commission on Financial Management sioners that the tax records of micro-enterprises and Control Systems in the Health Service and and small and medium sized enterprises cannot the Commission on Public Service Pensions. The be identified in a manner that enables the precise Commission on Financial Management and Con- information requested by the Deputy to be pro- trol Systems in the Health Service was established vided. Relevant information is available in in April 2002 to examine, evaluate and make respect of companies liable to corporation tax recommendations on relevant financial systems, which are in the micro-enterprise category practices and procedures in the health services. because they have no more than ten employees Some \135,000 was spent on the commission from and their total income before capital allowances the Vote of the Department of Finance. That fig- does not exceed \2 million. Such information is ure does not include the cost of getting staff from also available in respect of companies which are the Department to service it. The commission in the small and medium sized enterprise cate- published its report on 18 June 2003. gory because they have no more than 250 The Commission on Public Service Pensions employees and their total income before capital was established in February 1996 to examine and allowances does not exceed \50 million. I propose report on the occupational pension arrangements to outline the corporation tax liability of compan- of public servants. Some \500,000 was spent on ies in the two categories in question. The most the commission from the Vote of the Department recent figures relate to the accounting periods of Finance. That figure does not include the cost 1343 Questions— 2 June 2005. Written Answers 1344

[Mr. Cowen.] Flood Relief. of getting staff from the Department to service it. 135. Mr. Bruton asked the Minister for Finance The commission published its report on 31 if his attention has been drawn to the flooding January 2001. The costs of judicial salaries arising which occurred on the Clontarf Road in 2004 as from other inquiries and tribunals are paid in the a result of a tidal incursion; and if he will make a normal way from the Central Fund. Other costs statement on the matter. [18818/05] are charged from the Votes of the relevant Departments. Minister of State at the Department of Finance (Mr. Parlon): I am aware that flooding occurred Freedom of Information. in Clontarf in 2004 as a result of the tidal con- ditions at the time. I understand that proposals 132. Mr. Kenny asked the Minister for Finance for improved sea defences are included in the when proposals for the further extension of Dublin coastal flooding protection project report, bodies covered by the freedom of information which is being examined. Officials from the legislation will be finalised within his Depart- Office of Public Works have had preliminary dis- ment; if the extension of the freedom of infor- cussions with officials from Dublin City Council mation legislation will cover the Higher Edu- about the matter. Further discussions, which will cation Training Awards Council; and if he will also involve the Department of Communications, make a statement on the matter. [18775/05] Marine and Natural Resources, which is respon- sible for coastal flooding, are planned. Minister for Finance (Mr. Cowen): I expect that consideration of the public bodies to be Public Service Recruitment. brought under the aegis of freedom of infor- mation legislation in 2005 will be finalised in the 136. Mr. Durkan asked the Minister for Fin- coming weeks. Pending publication of the details ance the process which is available to persons of the extension, I do not propose to make any who are dissatisfied with the outcome of appli- further statements about individual bodies in cations or interviews in respect of membership of this regard. the civil or public service; if such procedures were followed in respect of the application by a person Flood Relief. (details supplied) in County Kildare; if he has satisfied himself that the interviews and decisions 133. Ms Enright asked the Minister for Finance arising therefrom are in accord with the relevant if his attention has been drawn to a flooding legislation, regulations or statutory instruments; problem in the charge of the Office of Public and if he will make a statement on the matter. Works at the home of a person (details supplied) [18860/05] in County Offaly; when the brook, which appears Minister for Finance (Mr. Cowen): Section 23 to be causing the flooding, will be cleaned; when of the Public Service Management (Recruitment work will be carried out on the brook in order and Appointments) Act 2004, which relates to that the problem does not recur; and if he will codes of practice, requires the establishment of make a statement on the matter. [18791/05] an appeals process. The code of practice issued by Minister of State at the Department of Finance the Commission for Public Service Appointments (Mr. Parlon): The brook in question is a channel provides guidelines on how the appeals process of the River Brosna catchment drainage scheme, should work, including timescales for the sub- which was designed primarily to provide outfall mission of appeals and complaints, the issuing of to deal with the flooding of agricultural land. The acknowledgements and the notification of brook is scheduled for maintenance next year. An decisions and explanations. engineer from the Office of Public Works will The appeals procedure adopted by the Public conduct an inspection in the next few weeks in Appointments Service is a three-tier process. It order to establish the extent, if any, to which the involves a review by the recruitment manager in condition of the brook may be contributing to the the first instance. In reviewing a case, the recruit- flooding of the house in question. ment manager may consult the relevant interview or selection board. The recruitment manager may uphold or change the original decision. If the can- Test Centres. didate is not satisfied with the decision taken at 134. Cecilia Keaveney asked the Minister for the first review, he or she may appeal the decision Finance when a new test centre will be built and the case will be referred to a senior manager (details supplied) in County Donegal; and if he at assistant principal or principal level within the will make a statement on the matter. [18817/05] recruitment unit who has not been directly associ- ated with the original decision. This manager will Minister of State at the Department of Finance review the basis for the decision and the under- (Mr. Parlon): A number of potential sites which pinning rationale. He or she may discuss it with have been identified for the test centre are being the recruitment manager, the public appoint- evaluated to determine their suitability. The ments representative at the interview or selection development of the new centre can be progressed board and the board itself. The manager may when the preferred site has been agreed. overturn the original decision, if appropriate. 1345 Questions— 2 June 2005. Written Answers 1346

A candidate who is not satisfied with the Department of Health and Children, must certify response at the second layer of the appeals pro- that a hospital that wishes to qualify contains cess may appeal to a decision arbitrator, who is minimum facilities, meets capacity requirements a person at a senior level unconnected with the and makes available not less than 20% of its selection process. The arbitrator will review all capacity for the treatment of public patients. The documentation relating to the recruitment pro- expenditure can be written off over seven years, cess to ensure that the principles set out in the at a rate of 15% per annum over the first six years code of practice for recruitment have been fol- and 10% per annum in the seventh year. lowed. The arbitrator will confine the consider- Companies, the trustees of a trust, individuals ation of the appeal to the content of the original involved in the operation and management of the information submitted by the candidate. The hospital and property developers are excluded decision of the arbitrator is final. from the scope of the capital allowance regime I cannot comment on the specific case for for private hospitals. That is necessary to ensure which details have been supplied as I understand EU agreement to the scheme from a state aid it is the subject of an appeal that is still in pro- perspective. Allowances are, therefore, only gress. The appeal process is a matter for the available to other individual investors investing in Public Appointments Service as set out in the private hospitals. As passive investors, such indi- Public Service Management (Recruitment and viduals are subject to restrictions on the amount Appointments) Act 2004. of allowances they can set sideways against non- rental income. Allowances must be set against Decentralisation Programme. rental income. If the allowances exceed the rental 137. Mr. Stagg asked the Minister for Finance income, the amount that can be set against the the number of premises or sites that have been individual’s non-rental income in any one tax acquired to date; the location of same in pursuit year is restricted to \31,750. of the Government decentralisation programme; The source of an investor’s funds or the pro- and if he will make a statement on the matter. portion of equity and loan finance does not affect [18869/05] the amount of capital allowances that can be Minister of State at the Department of Finance claimed in a particular case. Rather, the value of (Mr. Parlon): Following detailed evaluation of the capital allowances will depend on the con- the options available and intensive negotiations, struction costs incurred. Allowances are only suitable sites or premises have been identified in available in respect of the costs incurred in con- a number of locations. Prices have been agreed structing the building. There are no allowances for 13 locations — Longford, Newcastle West, for the cost of acquiring the site or other non- Buncrana, Carlow, Clonakilty, Donegal, Dungar- construction costs such as marketing and selling van, Killarney, Knock, Portarlington, Portlaoise, the completed building. Therefore, buildings Thurles and Tullamore — in respect of which which qualify for capital allowances are often contractual documentation is being prepared. marketed on the basis that they will qualify for State-owned properties have been identified in a 80% or 90% relief, for example. Such percent- number of other locations including Athlone, ages are a reflection of the cost of site acquisition Sligo, Na Forbacha and the Curragh. In a small and other non-construction costs not qualifying number of locations, the possibility of renting for capital allowances. existing or new buildings under construction or Finally, the potential value of capital allow- with planning permission is being pursued. Such ances to an individual investor depends on the locations include Kilrush, Listowel and Carrick- detailed arrangements applying in a particular on-Shannon. While prices have yet to be agreed, case. It depends especially on that individual’s the process of acquiring sites in several other share of the construction expenditure incurred, locations is at an advanced stage. calculated at the individual’s marginal rate of tax at 42%. It will also depend on the individual’s Tax Code. circumstances, such as his or her capacity to 138. Mr. Bruton asked the Minister for Finance absorb the allowances as they come on stream his estimate of the potential value of the capital over the seven-year write-off period. If the indi- allowances write off on the construction of a vidual has insufficient income against which the private hospital; if these will be written off against write-off can be made, the unused allowances all sources of rental income and other non-rental have to be carried forward and set against rental income; and if a funding package based on 25% income in future years. equity, 75% loan will yield an investor a tax rebate close to 90% of the initial equity Land Reclamation. invested. [18882/05] 139. Mr. Bruton asked the Minister for Minister for Finance (Mr. Cowen): Capital Communications, Marine and Natural Resources allowances are available in respect of capital if the proposal to reclaim land from Dublin Bay expenditure incurred on the construction of cer- will increase the risk of recurrence of flooding; tain qualifying private hospitals. The Health and if he will make a statement on the matter. Service Executive, in consultation with the [18818/05] 1347 Questions— 2 June 2005. Written Answers 1348

Minister of State at the Department of Last week, the last remaining applicant seeking Communications, Marine and Natural Resources a deferral confirmed compliance with the out- (Mr. Gallagher): I am aware of the flooding that standing requirements of the AER VI rules. The occurred in Clontarf in 2004 as a result of tidal substantial work on drafting the order by the conditions at the time. I understand that pro- Office of the Parliamentary Counsel to the posals for improved sea defences are included in Government was completed some time ago. The the Dublin coastal flooding protection project draft order has now been updated and returned report, which is being examined. Officials from to the Office of the Parliamentary Counsel for the Office of Public Works have had preliminary final clearance, primarily on procedural points. discussions with officials from Dublin City The order will be signed once final clearance on Council about the matter. Further discussions, its form is confirmed to my Department. which will also involve the Department of Communications, Marine and Natural Resources, Departmental Expenditure. which is responsible for coastal flooding, are 143. Mr. McGuinness asked the Minister for planned. Communications, Marine and Natural Resources the costs paid from Exchequer funds to 31 Port Development. December 2004 in relation to all commissions, 140. Mr. Bruton asked the Minister for inquiries and tribunals commenced since 1995 by Communications, Marine and Natural Resources his Department; the title of the commission, the studies he has undertaken of traffic conges- inquiry and tribunal; the estimated date of com- tion surrounding Dublin Port; the recommend- pletion of same; the estimated final cost of each ations which have emerged from these studies; commission, inquiry and tribunal. [18763/05] and the recommendations which have been Minister for Communications, Marine and accepted and those which have been rejected. Natural Resources (Mr. N. Dempsey): The [18824/05] Southern Regional Fisheries Board Commission Minister of State at the Department of was established by order on 23 February 1996 Communications, Marine and Natural Resources under the Fisheries (Amendment) Act 1995 to (Mr. Gallagher): I have no function in relation to take over the management, conservation and pro- the matters referred to by the Deputy. tection functions of the fisheries board. The com- mission ceased on 31 December 1999. Harbour Authorities. It has not been possible within the time avail- able to establish the costs of the commission, as 141. Mr. Eamon Ryan asked the Minister for these would have been incorporated into the Communications, Marine and Natural Resources overall operating costs of the board for the time if a decision has been made to locate the acting period concerned. There have been no inquiries harbourmaster for Killybegs port in Dublin; and or tribunals set up by this Department since 1995. the reason for such a decision. [18747/05] Minister for Communications, Marine and Lost at Sea Scheme. Natural Resources (Mr. N. Dempsey): The staff 144. Mr. Perry asked the Minister for member who had been deployed to undertake Communications, Marine and Natural Resources harbour master duties on a temporary excep- if unclaimed tonnage under the lost at sea scheme tional basis at Killybegs Fishery Harbour Centre has been assigned to other fishing vessels; if so, has, by agreement, resumed his official duties at the names of the vessels in question and the the Department in Dublin. Alternative tempor- names and addresses of the owners of same. ary arrangements have been made locally for the [18777/05] carrying out of harbour master duties at Killybegs Fishery Harbour Centre. Minister of State at the Department of Communications, Marine and Natural Resources Draft Orders. (Mr. Gallagher): I assume the Deputy is referring to replacement capacity — tonnage and engine 142. Mr. Ring asked the Minister for power — which has been granted under the lost Communications, Marine and Natural Resources at sea scheme but which has not yet been used when he will sign the PSO from AER VI into by successful applicants to license and register a action. [18748/05] fishing vessel. In the case of two of the six suc- Minister for Communications, Marine and cessful applications, the capacity involved has not Natural Resources (Mr. N. Dempsey): AER VI been availed of yet. The terms of the scheme dic- applicants, successful in the competition, must tate that capacity granted can only be used by the confirm compliance with certain rules of the com- successful applicants or by an immediate relation petition to be included in the order made under of theirs. It is not, therefore, open to any other section 39 of the Electricity Regulation Act 1999. party to assign it to a vessel. Under current licens- My Department has endeavoured to facilitate ing policy, capacity which was off-register on 1 requests by some applicants for additional time January 2004, and this includes capacity granted to comply with those rules before the order is under the lost at sea scheme, must be brought signed. back onto the fishing boat register by 31 1349 Questions— 2 June 2005. Written Answers 1350

December 2005, otherwise the entitlement will ranging from Greenore Port to Shannon Foynes be lost. Port Company. I cannot say at this stage which projects will Port Development. meet the national capacity requirement. The new policy framework encourages all port sector 145. Mr. Bruton asked the Minister for stakeholders to address the issue of capacity pro- Communications, Marine and Natural Resources vision. The Department intends in the near future if his attention has been drawn that Dublin City to procure independent assistance from consult- Council is preparing a strategy statement which ants to refine the criteria to be used for project will set a framework for the development of evaluation, to draw up a uniform template for Dublin Port in the context of the protection of submission of detailed project proposals and to Dublin’s Bay; if he will make a submission to this subsequently evaluate and prioritise the projects strategy statement; if he will outline the aims of submitted as a basis for the Department’s recom- his submission. [18819/05] mendation to Government. The Government 147. Mr. Bruton asked the Minister for expects that the port companies, as commercial Communications, Marine and Natural Resources entities, should be capable of funding their oper- if his attention has been drawn to an application ations and infrastructure requirements without for the development of port facilities at Bremore relying on Exchequer support. The port compan- in County Louth; the scope this application will ies are, therefore, encouraged to seek financial have diverting tonnage from Dublin Port to assistance from other avenues such as private sec- release pressure on capacity; his Department’s tor investment within ports. strategy in respect of developing satellite ports Proposals for capacity provision for unitised around Dublin as an alternative to further trade at the ports concerned, including Dublin development in the congested Dublin Port. and Drogheda, will be considered as part of the [18821/05] above process. Dublin City Council informed the Department of Communications, Marine and Minister of State at the Department of Natural Resources in March 2005 that it had Communications, Marine and Natural Resources adopted the Dublin City Development Plan on 14 (Mr. Gallagher): I propose to take Questions February 2005 and the plan came into effect on Nos. 145 and 147 together. 14 March 2005. The council stated that the poli- When launching the ports policy statement in cies and objectives in regard to Dublin Port set January 2005, I indicated that one of the key chal- out in the development plan, include the prep- lenges ahead was the timely provision of aration of a plan for that part of Dublin Bay, from adequate in-time port capacity. I noted that the and including North Bull Island and the South internal resources of our commercial ports are Wall and up to and including Sandymount, Mer- not sufficient in general to fund large-scale infra- rion Strand and Booterstown and also concen- structure projects. I said this represented a signifi- trated on the port area. The plan will identify and cant challenge in view of the need for additional determine the role of that part of the bay as an capacity at our ports over the coming years, economic, amenity, recreational, environmental particularly to cater for the growth in unitised and ecological resource. The council indicated trade. I indicated that the Department would con- that its policy is to support the continued sult with the commercial ports concerned to development of Dublin Port but that any such determine their view of port capacity and how development would have to be considered in the they intended to deal with the projected capa- light of a plan being prepared and any material city requirement. change arising from that plan being incorporated As an initial step, the Department has sought in the Development plan by way of variation. and received information from the commercial ports, which handle unit load cargo, on key pro- Port Development. jects identified by them as essential to deal with anticipated capacity deficiencies to 2014 and 146. Mr. Bruton asked the Minister for beyond, and whether the ports see these being Communications, Marine and Natural Resources funded from their own resources or in partner- if the ownership of the foreshore has been estab- ship with the private sector. The new policy lished in the context of the proposal by Dublin framework encourages all port sector stake- Port to reclaim land from Dublin Bay; the impli- holders to address capacity provision. Drogheda cations for the assessment of the application Port Company has submitted information on its which ownership will have; if Dublin Port has proposal for the development of a new deepwater sought a lease from the State in order to proceed port at Bremore in its response to the information with this application; and if he will make a state- request from the Department in relation to port ment on the matter. [18820/05] capacity. The timeframe for the proposed 149. Mr. Bruton asked the Minister for development and the preparation of a detailed Communications, Marine and Natural Resources business plan are matters for Drogheda Port if he will publish his assessment of the environ- Company in the first instance. The Department mental aspects of the application by Dublin Port has also received information on proposals for to reclaim land from the bay in order that it will the provision of additional unitised port capacity be considered by Dublin City Council in the con- 1351 Questions— 2 June 2005. Written Answers 1352

[Mr. Bruton.] Deputy to my reply to his Questions Nos. 92 and text of developing a strategic plan for the Bay. 93 of 26 May 2005. [18823/05] Decentralisation Programme. Minister of State at the Department of Communications, Marine and Natural Resources 151. Mr. Durkan asked the Minister for (Mr. Gallagher): I propose to take Questions Communications, Marine and Natural Resources Nos. 146 and 149 together. the number of civil and public servants on a As I indicated in my reply to Question No. 230 county basis who have been relocated in accord- of 18 May 2005, Dublin Port Company’s appli- ance with the Government’s programme for cation in respect of the proposed reclamation was decentralisation; and if he will make a statement made under sections 10 and 13 of the Foreshore on the matter. [18903/05] Act 1933. Issues arose concerning proof of Minister for Communications, Marine and ownership of the area in question. These are Natural Resources (Mr. N. Dempsey): The being actively pursued by the State’s legal Government’s programme involves the relocation services, acting on behalf of the Department, and of the Department’s headquarters to Cavan, the Dublin Port Company’s legal advisers. If it is seafood and coastal zone functions to Clonakilty established that the area in question is owned by and the maritime safety directorate and the Irish the Port Company, the matter would fall to be Coast Guard to Drogheda. In addition, Bord Ias- dealt with under sections 10 and 13 of the Fore- caigh Mhara, BIM, is relocating to Clonakilty, shore Act 1933. A full assessment of the likely Sustainable Energy Ireland, SEI, to Dundalk and effects on the environment of the proposed the Central Fisheries Board, CFB, to Carrick- development would fall to be undertaken as an on-Shannon. integral part of the Department’s further con- Physically relocating people depends on pro- sideration of the proposal. viding accommodation in the decentralised locations and this is a matter for the Office of Question No. 147 answered with Question Public Works, OPW. The decentralisation imple- No. 145. mentation group, DIG, has set out a timetable of 148. Mr. Bruton asked the Minister for late 2006 for facilities in Drogheda and early 2007 Communications, Marine and Natural Resources for completion of Department and BIM facilities, the number of vehicles entering and exiting in Clonakilty. SEI’s move to Dundalk is sched- Dublin Port during each hour of the day; his uled for early 2007. The Department is working views on whether there is further capacity for closely with the OPW towards delivering on this moving port volumes to off peak hours. schedule. The DIG has not yet set a timetable in [18822/05] regard to Cavan and Carrick-on-Shannon. However, we are also progressing the moves to Minister of State at the Department of these locations. Communications, Marine and Natural Resources The Department and its agencies already have (Mr. Gallagher): The matter raised by the Deputy a well-established decentralised dimension with is an operational matter for Dublin Port Com- staff and services based in 25 locations right pany. I have asked the company to provide the around the country. Given the property situation Deputy with the information sought. it has not yet been possible to relocate any of our staff under the Government’s decentralisation Question No. 149 answered with Question programme. No. 146. However, the Department is progressing prep- arations for staff transfers both internally and Foreshore Licences. with other Departments, in advance of full physi- cal relocation. In this regard the Public Appoint- 150. Mr. Ferris asked the Minister for ments Service, PAS, has advised there are 140 Communications, Marine and Natural Resources expressions of interest for the 90 Department if his attention has been drawn to the fact that the posts in Clonakilty and 36 for the 94 BIM posts. directors of a marina (details supplied) in County There are 71 expressions of interest for the 47 Donegal do not feel that his Department wishes Drogheda posts and 176 for the 378 Cavan posts. to resolve outstanding matters expeditiously as A further 59 people have expressed interest in alleged recently due to the fact that they perceive the 39 SEI posts in Dundalk, while 45 are as political parochialism in County Donegal and interested in the 62 CFB posts in Carrick-on- the fact that correspondence from the company Shannon. to the Department goes unanswered for protrac- ted periods of time; and if he will resolve the out- Question No. 152 answered with Question standing areas of contention that are preventing No. 13. this vitally important marine tourism project from achieving it’s full potential. [18884/05] Task Force on Emigrants. Minister for Communications, Marine and 153. Dr. Cowley asked the Minister for Foreign Natural Resources (Mr. N. Dempsey): I refer the Affairs the progress which has been made on the 1353 Questions— 2 June 2005. Written Answers 1354 implementations of the recommendations of the priority and that our response is effective and is task force on policy regarding emigrants (details developed further in the period ahead. supplied); and if he will make a statement on the matter. [18779/05] Question No. 154 answered with Question No. 25. Minister for Foreign Affairs (Mr. D. Ahern): The task force on policy regarding emigrants pro- International Agreements. duced an excellent report which provides us with a very valuable framework for action. Its varied 155. Mr. Allen asked the Minister for Foreign and wide-ranging recommendations are best Affairs if he will make a statement on the dis- implemented on a phased basis. Many of the cussions regarding the nuclear non-proliferation recommendations relate to issues of continuing treaty, which commenced in May 2005 at the importance which require on-going action from United Nations; the discussions he has had with all partners, in Government and the voluntary the Iranian Foreign Minister on the issues sur- sector, at home and abroad. Considerable pro- rounding the development of nuclear technology gress has already been made, with action by Iran; and if he will make a statement on the underway on over two thirds of the report’s matter. [18795/05] recommendations. Minister for Foreign Affairs (Mr. D. Ahern): Overall policy is now, as recommended by the The Treaty on the Non-Proliferation of Nuclear task force, the responsibility of my Department. Weapons, which is the most universal of all of the The high priority that we attach to this issue is multilateral instruments in the field of disarma- reflected in the establishment of the Irish abroad ment and non-proliferation, came into force in unit and the designation of staff to work exclus- 1970. The treaty has been reviewed at five-year ively on emigration issues. This is an important intervals to assess progress under its three pillars step and one which we are convinced is injecting of disarmament, non-proliferation, and the peace- a fresh momentum to advance progress on all of ful uses of nuclear energy. the important areas identified by the task force. The seventh NPT review conference took place Funding for emigrant services, which comprises from 2 May to 27 May 2005 at the United Nations the Dı´on fund for emigrant welfare in Britain, as in New York. During the general debate, I deliv- well as direct funding from my Department to ered a statement on behalf of Ireland, the full text groups in the US, Australia and Ireland, is more of which is available on the Department’s web- than eight times greater now than it was in 1997. site. The Government is deeply disappointed at This year, funding for emigrant services has the outcome of the conference, which it feels is a reached \8.273 million. This is the highest missed opportunity for the international com- amount ever allocated and represents a 63% munity to tackle together key threats to global increase on 2004 funding. peace and security and to agree an effective col- The higher level of funding for emigrant lective response. services in recent years has allowed us to increase Failure of NPT review conferences to reach a very significantly our financial support to volun- substantive result is not without precedent in the tary agencies which provide invaluable services to 35-year history of the treaty, but it is all the more our vulnerable emigrants. These agencies are worrying, given the scale of the challenges that active in the critical areas identified by the task have threatened to undermine the authority and force of pre-departure services and advice and credibility of the non-proliferation regime and support for our community living abroad. They risk its further erosion. The challenges remain to are also involved in assistance to emigrants who be tackled and we must work with our partners may be considering returning to Ireland, another in the EU and other groups to find a way to important area examined by the task force. make progress. A particular priority continues to be the need The UN Secretary General, Kofi Annan, in to support our most vulnerable and marginalised addressing the current situation, has stressed the Irish community abroad such as our older com- need for leadership and pointed to the forth- munity in Britain and undocumented Irish people coming meeting of heads of state and government in the United States. Agencies involved at the in New York in September as a crucial oppor- front-line in supporting them received additional tunity to show such leadership. He has called funding last year. The additional funding avail- upon them publicly to break the deadlock on the able for this year means that financial assistance most pressing challenges in the field of nuclear in support of services that benefit our vulnerable non-proliferation and disarmament and to take emigrants will increase even more in the coming concrete steps to revitalise the NPT. months. The Government believes that states parties to My Department will continue to maintain very the NPT must respond to the Secretary General’s close and regular contact with the front-line call and now seek to identify ways that the NPT organisations that support our emigrants so as to regime can be further strengthened. The NPT is ensure that the voluntary sector have an effective now more than ever of tremendous importance channel of communication to the Government. In to the achievement of international peace and this way, we can ensure that the needs of our emi- security. As I noted in my address, our success in grants continue to be accorded the highest halting the erosion of the non-proliferation 1355 Questions— 2 June 2005. Written Answers 1356

[Mr. D. Ahern.] 168. Mr. Durkan asked the Minister for For- regime will be an acid test of the effectiveness of eign Affairs his preferred options for the future the entire multilateral system. This is a fight we, formation and membership of the UN Security for our own sake and that of future generations, Council; and if he will make a statement on the cannot afford to lose. matter. [18856/05] With respect to my meeting with the Iranian Foreign Minister, Dr. Kamal Kharrazi, this took Minister for Foreign Affairs (Mr. D. Ahern): place at the latter’s request on the second day I propose to take Questions Nos. 161, 162 and of the NPT review conference. The main subject 168 together. discussed in this brief meeting was the Iranian It is generally agreed that the 60-year old struc- nuclear programme. Dr. Kharrazi stressed the ture of the United Nations Security Council, importance of nuclear power in providing for the which derives from the immediate post-war situa- future energy needs of his country and Iran’s tion, is not in accord with today’s realities. There right to develop nuclear energy for peaceful pur- are, however, sharply divergent views on how the poses. The Minister recalled Ireland’s national structure should be reformed. position on nuclear power and reaffirmed the The high level panel on threats, challenges and need for the Iranian nuclear issue to be addressed change that reported to the UN Secretary Gen- within the framework of the negotiations led by eral in December 2004 on measures to enhance France, Germany and the United Kingdom, in collective security was itself unable to agree on a strict conformity with the Paris Agreement. I recommendation for reform of the Security underlined my belief that difficulties should be Council. Instead it put forward two models for resolved through dialogue and negotiation and reform: model A, which would extend the mem- that when a solution was found on the nuclear bership in both categories, permanent and non- issue this would open the way to making progress permanent, and model B, which would retain the on other issues, which could only be beneficial for current permanent members and would, in both sides. The two of us also briefly discussed addition, create a new category of member, the UN Secretary General’s reform proposals and elected for four-year renewable terms. my role as UN envoy. Dr. Kharrazi stated Iran The Secretary General, in making his own has been following the matter closely. He recommendations for reform of the UN generally believed it was an important mission and wished in his report, In larger Freedom, did not recom- the Minister every success with his task. mend either of these models to the membership, stating that reform of the Security Council was a Question No. 156 answered with Question matter for UN members themselves. However, he No. 61. recorded his agreement with the factors which, according to the high level panel, UN members Departmental Expenditure. should take into consideration in deciding on a reform of the Security Council: states that con- 157. Mr. McGuinness asked the Minister for tribute most to the United Nations financially, Foreign Affairs the costs paid from Exchequer militarily and diplomatically should have an funds to 31 December 2004 for all commissions, increased involvement; the council should be inquiries and tribunals commenced since 1995 by more representative of the broader membership, his Department; the title of the commission, especially of the developing world; the effective- inquiry and tribunal; the estimated date of com- ness of the Security Council should not be pletion of same; the estimated final cost of each impaired; and the democratic and accountable commission, inquiry and tribunal. [18764/05] nature of the body should be enhanced. Minister for Foreign Affairs (Mr. D. Ahern): The Secretary General asked members to There has been no expenditure relating to com- reach a decision before next September’s summit, missions, inquiries and tribunals by the Depart- preferably by consensus, but if necessary by a ment of Foreign Affairs. vote of the General Assembly. A change in the charter of the United Nations requires the assent Questions Nos. 158 to 160, inclusive, answered of two-thirds of the members in the General with Question No. 13. Assembly, and takes effect when ratified by two- thirds of the members, including all the perma- United Nations Reform. nent members of the Security Council. Four states with aspirations to permanent 161. Mr. Durkan asked the Minister for For- membership, Germany, Japan, India and Brazil, eign Affairs the way in which he foresees mem- have recently circulated a draft resolution provid- bership and formation of the UN Security ing for an increase in the membership of the Council developing in the future; and if he will Security Council to 25, including six new perma- make a statement on the matter. [18849/05] nent members. A group of states opposed to this 162. Mr. Durkan asked the Minister for For- approach, the Uniting for Consensus group, have eign Affairs his preferred options for the future put forward a counter proposal that would development of the UN Security Council; and if involve the creation of ten new elected members, he will make a statement on the matter. distributed among the regions, who would serve [18850/05] for two or three years and could be re-elected 1357 Questions— 2 June 2005. Written Answers 1358 with the approval of their regional groups. This sider post-conflict reconstruction in Liberia and arrangement would offer the possibility of Iraq and to highlight the appalling situation in extended or very frequent membership of the Darfur, Sudan. Ireland has recently opened a Council for certain states, with the agreement of development office in Freetown, Sierra Leone, their regional groups. which will oversee funding programmes in Sierra The Government, along with other govern- Leone and Liberia, two countries which are ments, is currently the merits of the different pro- emerging from conflict. A major component of posals that have been put forward. It will wish funding in these countries has been in support of to ensure, in so far as it can, that whatever new UN programmes to assist in the recovery process. structures are adopted will be in the interest of In addition to our support to emergency and the effectiveness and legitimacy of the Security recovery operations, Ireland will contribute \47 Council in the maintenance of international million in 2005 to the long-term work of UN peace and security. It will also wish to ensure such agencies which seek to eradicate poverty and an agreement preserves the possibility for smaller achieve sustainable development. Ireland’s key countries such as Ireland, which make substantial partner agencies include the UN development contributions to the work of the UN to serve on programme, UNICEF — UN children’s fund — the Security Council at reasonable intervals. the High Commissioner for Refugees, the High Commissioner for Human Rights and the UN Human Rights Issues. population fund, each of which contributes, 163. Mr. Durkan asked the Minister for For- within its own specific mandate, to the ongoing eign Affairs the action taken or proposed through efforts of developing countries. the EU or UN to address the issues of war, strife, If we are to break the cyclical nature of food starvation and human rights abuses in the 20 most insecurity and conflict in Africa and elsewhere, urgently pressing locations worldwide; and if he the underlying structural problems affecting pov- will make a statement on the matter. [18851/05] erty and stability must be addressed. Ireland has strong development partnerships with six coun- Minister of State at the Department of Foreign tries in sub-Saharan Africa, as well as with East Affairs (Mr. C. Lenihan): There is no inter- Timor. Through these partnerships, Ireland fully nationally recognised system for ranking the engages with the governments, donors, EU and severity of humanitarian crisis situations around UN agencies on the basis of poverty reduction the world, neither is it the policy of the Govern- strategy plans. The PRSPs outline how each ment to draw up a league table of countries country prioritises resources and policies with the deemed guilty of the worst human rights abuses. objective of reducing poverty. These programmes However, it is clear that there is a strong inter- contain a strong governance element throughout relationship between conflict, the abuse of human to assist in the building of democratic structures, rights, food insecurity and poverty. Conflict is the rule of law and a culture of respect for exacerbated by poverty, inequality and exclusion. human rights. Most wars occur in poor countries and conflicts The EU is strongly committed to implementing impact on the poorest and most vulnerable the UN millennium declaration and the millen- people, particularly women and children. Fur- nium development goals. In this regard, the Gen- thermore, food security is undermined by the eral Affairs and External Relations Council on effects of conflict. May 24 decided on a package of MDG-related Nineteen of the 20 countries ranked lowest on measures. These include significant increases in the UNDP’s human development index for 2004, member states’ development assistance between which takes into account life expectancy, edu- now and 2015, measures on policy coherence for cation levels and per capita GDP, are in Africa. development and a special focus on Africa. These The only non-African country among these 20, at actions will help ensure that the EU is in a posi- 158 out of a total of 177 countries, is East Timor. tion to offer leadership at next September’s UN Ireland’s programme of development assistance is summit on the MDGs and thus enhance the possi- primarily focussed on the African continent. This bility which this unique event provides for the programme addresses issues related to poverty, world community to agree on a collective including conflict and food security. This assist- response to the multiple needs, threats and chal- ance is delivered through a number of channels, lenges which we all face, ranging from extreme directly, through our embassies in a number of poverty, endemic disease and climate change to African countries and, indirectly, using UN agen- terrorism, weapons of mass destruction, genocide cies, NGOs and other international organisations. and civil war. East Timor is also one of Ireland’s priority prog- ramme countries for development assistance. Undocumented Irish Emigrants. As well as directly assisting many of the poor- est countries in Africa, Ireland is a strong advo- 164. Mr. Durkan asked the Minister for For- cate for the developing world and for inter- eign Affairs the progress on an amnesty for the national peace and security through our undocumented Irish in the US; the result of membership of the EU and the UN. During the recent discussions he has had with his EU Irish Presidency of the EU, we were heavily counterparts in the regard; and if he will make a involved in major conferences, including to con- statement on the matter. [18852/05] 1359 Questions— 2 June 2005. Written Answers 1360

Minister for Foreign Affairs (Mr. D. Ahern): than 40% of the country is now under the control Since the tragic events of 11 September 2001, of the insurgents. On 1 February 2005, King immigration has become a highly sensitive and Gyanendra dismissed the country’s government divisive issue in the United States. There is, in and declared a state of emergency, a move con- particular, a widespread and strongly held view in demned by the international community. Since Congress that an amnesty for the undocumented then, political detainees have been released, and should not be on the agenda. Members who have on 30 April 2005, the King lifted the state of visited Washington in recent times will have come emergency. away with this clear message. However, there However, basic human rights, including free- have been positive developments recently. In a dom of speech, freedom of association and a free significant development on 12 May, Senators press, remain indefinitely suspended. The Kennedy and McCain, in co-operation with sev- judiciary has also raised questions about its inde- eral of their colleagues in the House, published a pendence and ability to defend constitutional Bill which would, inter alia, provide a way for the rights. The security situation in the Government- undocumented to seek the regularisation of their controlled areas of the country is generally peace- status. The Government has warmly welcomed ful. However, fighting between the insurgents and the Bill. As with all legislative proposals in the security forces outside this area has intensified US, the Kennedy-McCain initiative will have to over the past two months, with neither side able be considered in detail by Congress, and we can to deal a decisive blow against the other. anticipate a vigorous debate in this regard. The issue of our undocumented has the highest At the most recent session of the United priority for the Government. The Taoiseach and Nations Commission on Human Rights, in I raised this issue, as well as that of wider immi- Geneva, held from 14 March to 22 April 2005, a gration reform, with President Bush when we met resolution on the human rights situation in Nepal him on St. Patrick’s Day, as we also did on Capi- was adopted which provides, inter alia, for the tol Hill at that time. The President re-affirmed to establishment of an international monitoring mis- us his willingness to work with Congress in sion through a regional office of the Office of the advancing reform. High Commission for Human Rights, OHCHR. Our priority in the period ahead will be to It also calls for the restoration of democratic insti- lobby strongly in support of the Kennedy-McCain tutions and respect for the rule of law, an inde- Bill, and to encourage the White House to pendent National Human Rights Commission, become involved in support of the reform pro- NHRC, and full and unimpeded access to places cess. It is not necessary to have a discussion with of detention for the NHRC, OHCHR and the my EU colleagues in this regard. If this should be International Committee of the Red Cross. seen to be helpful at any stage, I will have it Ireland, together with our EU partners, raised in the first instance at the regular meetings remains concerned at the situation in Nepal, of EU ambassadors in Washington. particularly in relation to human rights. The EU has urged both King Gyanendra and the political Question No. 165 answered with Question parties in Nepal to show flexibility in engaging in No. 13. dialogue and in reviving the democratic process. The EU has emphasised its strong belief that the Question No. 166 answered with Question development of multi-party democracy in Nepal No. 32. must be an essential part of any acceptable and sustainable resolution of the current conflict. Question No. 167 answered with Question When he presented credentials to King No. 56. Gyanendra in Kathmandu on 27 May, the Ambassador of Ireland to Nepal, who is resident Question No. 168 answered with Question in New Delhi, took the opportunity to state the No. 161. EU and Irish position. In welcoming recent posi- Human Rights Issues. tive steps including the lifting of the state of emergency, the further release of political and 169. Mr. Durkan asked the Minister for For- other detainees and the appointment that day of eign Affairs if he will give an update on the situa- the new NHRC, the ambassador said that the tion in Nepal; if human rights issues are being international community was also deeply addressed; and if he will make a statement on the interested in seeing the necessary progress in the matter. [18857/05] reconciliation between the monarchy and the pol- Minister for Foreign Affairs (Mr. D. Ahern): A itical parties, in the movement back to a func- rebellion against the monarchy in Nepal, led by tioning democracy and in the restoration of civil the extreme left wing Maoist Communist Party liberties. The Irish embassy in New Delhi is con- has been ongoing since 1996. The insurgency has, tinuing to monitor and report on the situation in to date, claimed approximately 10,000 lives. The Nepal. Ireland, together with its EU partners, will rebels are fighting to abolish the constitutional continue to follow closely the situation in Nepal monarchy and establish a socialist state in the and to encourage both sides to pursue a peaceful, Himalayan kingdom. It is estimated that more political solution and respect for human rights. 1361 Questions— 2 June 2005. Written Answers 1362

Question No. 170 answered with Question Government on this issue; if he is seeking public No. 58. repudiation of these attacks by prominent Union- ist politicians; and the steps he is taking to ensure Diplomatic Representation. that this is not the start of another anti-Catholic 171. Mr. Durkan asked the Minister for For- campaign in north Belfast over the summer eign Affairs the information on the circumstances months. [18880/05] surrounding the murder of a person (details Minister for Foreign Affairs (Mr. D. Ahern): supplied); if he has initiated new inquiries with The Government is concerned about the ongoing the authorities in Burundi; if identification of the attacks against the homes of residents in the Som- killers has been advanced to any extent; and if he merdale Park, Ligoniel Road and Ballysillan will make a statement on the matter. [18859/05] areas of north Belfast. These attacks have been of Minister for Foreign Affairs (Mr. D. Ahern): a highly intimidating nature, with paint and petrol Since the events of 29 December 2003, my bombs thrown at cars, houses attacked and Department has been endeavouring to establish damaged, windows broken and ordinary families the full circumstances of the ambush that led to terrorised in their own homes. The Government Archbishop Michael Courtney’s tragic death. My raised its concerns about these incidents through predecessor, Deputy Cowen, discussed this issue the British-Irish Intergovernmental Secretariat on a number of occasions with both the President on 15 May and again in the wake of the attacks and Foreign Minister of Burundi, most recently that occurred over the weekend of 20-21 May. on 21 September 2004, when he met the President Officials from my Department have met com- in New York at the United Nations General munity leaders in north Belfast to discuss the sit- Assembly. The Government was also presented uation and will continue to closely monitor the in February 2004 with the results of the initial situation there as the summer progresses. The investigation conducted by the Burundian auth- British-Irish Intergovernmental Conference at orities. This report, which was presented simul- the end of June will afford me the opportunity to taneously to the Holy See, was provided in confi- again raise the matter and I will continue to seek dence to the Government and to the Holy See. reassurances that appropriate security measures Ongoing contact has also been maintained are in place to ensure the safety of all the resi- throughout between my Department and the dents of north Belfast. The Government consist- Holy See. ently impresses on all community leaders, includ- Arising from the investigation by the Burund- ing the leadership of the political parties, the ian authorities, an individual, said to have suf- desirability of increased efforts to ease tensions fered serious injury during the ambush that and help ensure that the marching season passes resulted in Archbishop Courtney’s murder, was off peacefully. arrested in February 2004. My Department has learned that the suspect has since died in custody. Decentralisation Programme. The Burundian authorities have assured us that 173. Mr. Durkan asked the Minister for For- they are continuing to pursue others who they eign Affairs the number of civil and public ser- believe may have been involved in the ambush vants on a county basis who have been relocated but they fear that some of those concerned may in accordance with the Government’s programme have fled to a neighbouring country. The Govern- for decentralisation; and if he will make a state- ment remains in close contact with and seeks reg- ment on the matter. [18904/05] ular updates from the Burundi authorities regard- ing developments in the investigation. The Minister for Foreign Affairs (Mr. D. Ahern): A Burundian Government has offered assurances small number of officers from other Departments that they remain fully committed to taking all have already joined the Department of Foreign possible steps to bring those responsible to Affairs with a view to decentralising to Limerick justice. The Government will continue to urge and the rate of intake will gradually increase over that all efforts are made by the Burundian auth- the next few weeks and months until all the orities to apprehend those responsible for the necessary new staff are in place. It is planned to Archbishop’s murder. I also will seriously con- relocate the directorate in a single move during sider the issue of official representation, in the the first quarter of 2007. event that any trial eventually takes place. Departmental Expenditure. Northern Ireland Issues. 174. Mr. McGuinness asked the Minister for 172. Aengus O´ Snodaigh asked the Minister for Arts, Sport and Tourism the costs paid from Foreign Affairs if he will report on the recent Exchequer funds to 31 December 2004 regarding attacks on the cars and homes of Catholics in to all commissions, inquiries and tribunals com- North Belfast which appear to have been co- menced since 1995 by his Department; the title of ordinated and carried out by unionist para- the commission, inquiry and tribunal; the esti- militaries and intended to intimidate residents mated date of completion of same; the estimated and increase tensions in advance of the marching final cost of each commission, inquiry and tri- season; his communications with the British bunal. [18765/05] 1363 Questions— 2 June 2005. Written Answers 1364

Minister for Arts, Sport and Tourism (Mr. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): No costs have been paid from O’Donoghue): As the Deputy will no doubt be Exchequer funds in respect of commissions, aware, the decentralisation implementation inquiries or tribunals commenced by my Depart- group recommended in November 2004 that 15 ment since its establishment in June 2002. Departments and agencies be prioritised in the first phase of this programme of decentralisation. Sports Funding. The organisations identified include my Depart- ment. It is expected that construction of the new 175. Mr. Ferris asked the Minister for Arts, building to house the Department of Arts, Sports Sport and Tourism if grants are available to assist and Tourism in Killarney will commence in the a club (details supplied) in County Wicklow. last quarter of 2005. The anticipated completion [18785/05] date is the first quarter in 2007. My Department Minister for Arts, Sport and Tourism (Mr. is currently reviewing the transfer list resulting O’Donoghue): The national lottery-funded sports from the CAF process and will shortly commence capital programme, which is administered by my to transfer those staff into the Department who Department, allocates funding to sporting and wish to relocate to Killarney in early 2007. Three community organisations at local, regional and of my Department’s agencies selected for decen- national level throughout the country. The prog- tralisation have not been identified as early mov- ramme does not assist in the purchase or rental ers. However, I understand that the decentralis- of premises. The programme is advertised on an ation implementation group will shortly make annual basis and applications for funding under recommendations in regard to the organisations the 2005 programme were invited through adver- not referred to in its November 2004 report. tisements in the press on 5 and 6 December 2004. Industrial Development. The closing date for receipt of applications was 4 177. Mr. Morgan asked the Minister for February 2005. However, my Department did not Enterprise, Trade and Employment the number receive an application for funding from the of SME’s in the State, their sectoral breakdown organisation in question under the 2005 and the numbers employed. [18744/05] programme. The organisation might like to note that section 178. Mr. Morgan asked the Minister for 847(a) of the Taxes Consolidation Act 1997 pro- Enterprise, Trade and Employment the number vides for a scheme for tax relief for relevant of micro enterprises in the State, their sectoral donations to an approved sports body for the breakdown and the numbers employed. [18745/05] funding of sports capital projects. Approved sports status can be awarded by my Department Minister for Enterprise, Trade and Employ- for suitable capital projects, allowing for tax relief ment (Mr. Martin): I propose to take Questions to be claimed by a club on donations towards the Nos. 177 and 178 together. project that exceed the minimum qualifying The following table sets out the total number threshold of \250 per annum. Full details of the of registrations for VAT maintained by the Rev- tax relief scheme are available on my Depart- enue Commissioners, which is taken as the best ment’s website at www.dast.gov.ie. indication of the number of enterprises operating in the country. It is estimated that approximately Decentralisation Programme. 90% of all enterprises are micro-enterprises and about 98% in total are SMEs. The table reflects 176. Mr. Durkan asked the Minister for Arts, the classification of traders based on the descrip- Sport and Tourism the number of civil and public tions of economic activities contained in the gen- servants on a county basis who have been eral industrial classification of economic activities relocated in accordance with the Government’s within the European Communities known as programme for decentralisation; and if he will NACE. They do not record the numbers make a statement on the matter. [18905/05] employed by such enterprises.

Number

Agriculture 10,154 Forestry 511 Fishing 720 Energy Industry and Water Supply 341 Mining and Quarrying 285 Food, Drink and Tobacco Manufacturing 1,580 Textile and Leather Industry 434 Clothing and Footwear Manufacturing 388 Other Manufacturing, including Books, Printing, Timber Processing 13,087 Recycling 136 Construction, including Builders, Civil Engineering and Related Trades 42,881 1365 Questions— 2 June 2005. Written Answers 1366

Number

Motor Vehicle Sales and Services 6,329 Fuel Retailers, including Filling Stations 1,329 Wholesalers 10,300 Retailers 21,857 Repair of Goods 765 Accommodation, including Camping, Holiday Homes, Hotels, Guest Houses 2,676 Catering, including Canteens, Contract Cleaners, Restaurants 5,415 Publicans 7,166 Transport Services 1,373 Haulage Services 6,734 Communications 2,330 Financial Services, including Banking, Credit Unions, Insurance 1,902 Property Services 12,147 Hiring and Leasing 3,334 Information Technology 6,684 Professional Services, including Advertising, Architects, Barristers, Solicitors, Legal Agents, Press 22,968 Miscellaneous Activities and Services, including Research, Security, Cleaning, Photography, Secretarial, Personal Care 40,292

Total 224,118

estimated final cost of each commission, inquiry 179. Mr. Morgan asked the Minister for and tribunal. [18766/05] Enterprise, Trade and Employment the number of FDI companies in the State, their sectoral Minister for Enterprise, Trade and Employ- breakdown and the numbers employed. ment (Mr. Martin): The only commissions, inquir- [18746/05] ies or tribunals commenced by my Department in the period from 1995 to the end of 2004 relate to Minister for Enterprise, Trade and Employ- the area of company law inquiries. In respect of ment (Mr. Martin): In so far as the agencies those company law inquiries commenced since under the aegis of my Department, those being 1997, I would refer the Deputy to my replies to IDA Ireland, Enterprise Ireland and Shannon Parliamentary Questions Nos. 68, 88 and 108 of Development, are concerned, the information 31 May 2005. As the information requested is not sought by the Deputy and supplied to me by them readily available for the 1995-1996 period, I will is set out in a tabular statement and is in respect have to revert to the Deputy on the matter but of the year ended 31 December 2004. will do so as soon as possible.

Sector Total Total Decentralisation Programme. Number of Numbers Companies Employed 181. Mr. Durkan asked the Minister for Enterprise, Trade and Employment the number Chemical Products 119 19,985 of civil and public servants on a county basis who Textile and Clothing 19 1,649 have been relocated in accordance with the Government’s programme for decentralisation; Metals and Engineering 342 58,154 and if he will make a statement on the matter. Miscellaneous Manufacturing 98 6,320 [18906/05] Food 29 10,314 Minister for Enterprise, Trade and Employ- International Services 248 34,433 ment (Mr. Martin): As part of the Government’s Financial Services 224 11,141 current decentralisation programme it was Transport Travel and Freight 16 1,692 decided that 250 of my Department’s core staff will be relocated to Carlow. The Department was Other 23 1,168 identified as an early mover in the third report of the decentralisation implementation group, which gave an indicative timeframe of the second quar- Departmental Expenditure. ter of 2008 for completion of the Department’s new building in Carlow. The current position is 180. Mr. McGuinness asked the Minister for that the OPW is close to completing a site acquis- Enterprise, Trade and Employment the costs paid ition in Carlow town centre and construction is from Exchequer funds to 31 December 2004 due to commence in the second quarter of 2006. regarding to all commissions, inquiries and tri- While no staff of my Department have moved bunals commenced since 1995 by his Department; to Carlow as yet, I am confident that we will meet the title of the commission, inquiry and tribunal; the deadline set by the decentralisation imple- the estimated date of completion of same; the 1367 Questions— 2 June 2005. Written Answers 1368

[Mr. Martin.] 184. Mr. Durkan asked the Minister for Social mentation group, with some 300 staff relocating and Family Affairs when rent allowance will be to Carlow once the building has been completed. approved in the case of a person (details The decentralisation programme also includes the supplied) in County Kildare; and if he will make relocation of four of my Department’s agencies a statement on the matter. [18862/05] to Birr, Arklow, Thomastown and Shannon, namely, FA´ S with 383 staff, National Standards Minister for Social and Family Affairs (Mr. Authority of Ireland with 132 staff, the Health Brennan): Rent supplements are provided and Safety Authority with 110 staff and through the supplementary welfare allowance Enterprise Ireland with 292 staff, respectively. scheme, which is administered on my behalf by The current position is that no staff have yet been the community welfare division of the Health relocated by any of my agencies. Both FA´ S and Service Executive. One of the conditions for the Health and Safety Authority have been receipt of rent supplement is that the tenant must recommended in the third report of the decentra- be in need of accommodation and be unable to lisation implementation group for priority atten- obtain it from within his or her own resources. tion in terms of implementing their decentralis- Local housing authorities assess the accommo- ation programmes and they are working towards dation needs. progressing this recommendation. While indica- The Dublin-mid-Leinster area of the executive tive timeframes for moving Enterprise Ireland has advised that the person concerned was and the NSAI have not yet been set by the decen- referred to her local authority for an assessment tralisation implementation group, both agencies of her housing needs. Having completed its are working towards relocating to their new assessment, the local authority advised the execu- locations. In the autumn of 1998, prior to the cur- tive that the person concerned is not considered rent decentralisation programme, my Depart- to be in need of housing as she has the option of ment re-located the Patents Office from Dublin living in the family home. In these circumstances, to Kilkenny. This involved 63 staff relocating to she does not satisfy the conditions for receipt of Kilkenny city at that time. rent supplement under the supplementary wel- fare allowance scheme. Departmental Expenditure. 182. Mr. McGuinness asked the Minister for Decentralisation Programme. Social and Family Affairs the costs paid from 185. Mr. Durkan asked the Minister for Social Exchequer funds to 31 December 2004 regarding and Family Affairs the number of civil and public to all commissions, inquiries and tribunals com- servants on a county basis who have been menced since 1995 by his Department; the title of relocated in accordance with the Government’s the commission, inquiry and tribunal; the esti- programme for decentralisation; and if he will mated date of completion of same; the estimated make a statement on the matter. [18907/05] final cost of each commission, inquiry and tri- bunal. [18767/05] Minister for Social and Family Affairs (Mr. Brennan): Under the Government decentralis- Minister for Social and Family Affairs (Mr. ation programme announced as part of budget Brennan): There are no commissions, inquiries or 2004, 1,300 staff of the Department and its agen- tribunals of the kind referred to under the aegis cies are required to relocate to seven provincial of my Department. locations, namely, Drogheda, Buncrana, Donegal, Carrick-on-Shannon, Sligo, Carrick- Social Welfare Benefits. macross and Monaghan. The Department has 183. Mr. J. O’Keeffe asked the Minister for prepared outline plans for the movement of posts Social and Family Affairs the estimated cost of and sections under the programme. The prog- extending the free travel companion pass scheme ramme will commence with the decentralisation to persons who are aged 70 years and over and of a number of sections to Sligo and arrange- who are medically certified as unfit to travel ments are currently being made for the relocation alone. [18814/05] of one business area, with 15 posts, to Sligo in early July. Minister for Social and Family Affairs (Mr. Brennan): Free travel companion passes have Departmental Expenditure. been issued to over 14,000 people aged 75 and over and to almost 900 people aged 70 to 74 186. Mr. McGuinness asked the Minister for because they qualify through other criteria, for Transport the costs paid from Exchequer funds to example, where they are recipients of invalidity 31 December 2004 in relation to all commissions, pension or wheelchair users. As I have no details inquiries and tribunals commenced since 1995 by of how many of those aged 70 to 74 would be his Department; the title of the commission, medically assessed as unfit to travel alone, it is inquiry and tribunal; the estimated date of com- not possible to estimate the cost of extending the pletion of same; the estimated final cost of each companion pass to all those who are in this group. commission, inquiry and tribunal. [18768/05] 1369 Questions— 2 June 2005. Written Answers 1370

Minister for Transport (Mr. Cullen): The infor- mation sought by the Deputy is set out in the fol- lowing table.

Commission-Inquiry Date Established Date Completed Cost

\ Investigation into fatal air accident of Aer Lingus Viscount St. Phelim EI- AOM 2000 off Tuskar Rock on 24 March 1968 November 2000 January 2002 117,035 Inquiry into non-fatal accident of Aer Lingus DC3 near Birmingham on 1 January 1953 May 2001 March 2002 95,954 Inquiry into Kilkenny Railway Order April 2004 May 2004 8,048 Inquiry into the rail accident at Kiltoom Level Crossing 16 February 2001 February 2001 August 2003 3,767 Inquiry into derailment of freight train at Cahir Viaduct on 7 October 2003 October 2003 January 2005 19,765 Public Inquiry into Luas Line A Tallaght to Abbey Street August 1998 December 1998 120,000 Public Inquiry into Luas Line B St. Stephen’s Green to Sandyford January 1999 June 1999 134,000 Public Inquiry into Luas Line C Abbey Street to Connolly Station October 1999 January 2000 34,000 Public Inquiry into Luas Line C Store Street to Connolly Station July 2000 October 2000 24,000

Driving Tests. Stillorgan, including Newtownpark Avenue and Foxrock-Bray extension — 24 km 187. Cecilia Keaveney asked the Minister for Transport his plans for HGV driving tests to be Finglas—6km carried out in a town (details supplied) in County North Clondalkin — 12.1 km Donegal; and if he will make a statement on the matter. [18800/05] Rathfarnham, including Ballyboden Road — 8.1 km Minister for Transport (Mr. Cullen): Driving tests for category C, rigid truck, are being conduc- Tallaght — 12.2 km ted in Letterkenny. Category EC tests, articu- Blanchardstown — 16.4 km lated truck, are currently suspended as certain manoeuvres which form part of the test can no Swords — 14.6 km longer be safely conducted on test routes in the Total — 117.7 km locality. My Department has asked the Office of Public Works to secure a suitable off-road com- There are a further 9.8 km of bus priority pound so that category EC tests can be resumed measures which may not meet the full quality bus in Letterkenny. corridor specification but which do prioritise buses through traffic, disaggregated as follows: Public Transport. N7 Monastery Road to Newlands Cross — 188. Mr. Bruton asked the Minister for Trans- 1.5 km port the quality bus corridors in Dublin and their Newtown Park Avenue — 0.5 km respective length and the total number of inbound and outbound services each day on each Outer Ring Road — 3.3 km of the corridors. [18829/05] N32 — 2.5 km 189. Mr. Bruton asked the Minister for Trans- Clontarf Road — 1.5 km port the routes on which the 10 km of bus priority which are not deemed quality bus corridors and Laurel Lodge — 0.5 km the total length of bus priority on each. Total — 9.8 km [18830/05] The issue of services on the corridors is a day to Minister of State at the Department of Trans- day operational matter for Dublin Bus and other port (Mr. Callely): I propose to take Questions public transport service providers. Nos. 188 and 189 together. As indicated in the response to Parliamentary Driving Tests. Questions Nos. 220 and 221 of May 2005, there 190. Mr. Lowry asked the Minister for Trans- are nine quality bus corridors in operation at port the forecast number of driving tests sched- present with a total length of 117 km. The total uled in each test centre for each week from 30 quality bus corridor length, including priorities on May 2005 until 30 December 2005 as far forward associated approaches, is disaggregated as as schedules are planned on a weekly basis. follows: [18864/05] Lucan N4, including St. John’s Road and 191. Mr. Lowry asked the Minister for Trans- Lucan bypass — 16.8 km port the number of driving tests scheduled in each Malahide — 7.5 km test centre for each week from 1 January 2004 to 1371 Questions— 2 June 2005. Written Answers 1372

[Mr. Lowry.] Minister for Transport (Mr. Cullen): I propose 27 May 2005 on a weekly basis; and the number to take Question Nos. 190 to 193, inclusive, of actual tests conducted during this time. together. [18865/05] The information sought by the Deputy on driv- ing tests scheduled and conducted and for the 192. Mr. Lowry asked the Minister for Trans- number of driver testers assigned to test centres port the number of driving testers rostered at for the period 1 January 2004 to 27 May 2005 is each test centre for each week from 1 January not readily available in the format requested for 2004 to 27 May 2005 on a weekly basis. the period in question. The information is being [18866/05] compiled and will be sent to the Deputy as soon as possible. 193. Mr. Lowry asked the Minister for Trans- Table 1 sets out details of tests scheduled at port the forecast of driving testers rostered at each test centre between 30 May 2005 and 2 July each test centre for each week from 30 May 2005 2005. Table 2 sets out details of testers assigned to 30 December 2005 as far forward as schedules for the same period. This covers the period for are planned on a weekly basis. [18867/05] which schedules are finalised at present.

Table 1 — Driving Tests Scheduled 30 May — 2 July 2005.

Driving Test Centres W/C 30/5/2005 W/C 6/6/2005 W/C 13/6/2005 W/C 20/6/2005 W/C 27/6/2005

North Leinster Region Finglas 213 170 272 223 248 Raheny 247 201 142 242 58 Dundalk 72 59 117 75 54 Mullingar 18 — 94 67 22 Navan 130 90 153 123 74

South Leinster Region Churchtown/Rathgar 318 338 295 239 311 Tallaght 214 216 154 275 180 Gorey 77 — 36 82 — Naas 267 145 259 253 254 Tullamore 69 35 25 26 15 Wicklow 74 — 92 43 85

West Region Athlone 86 28 41 45 77 Birr 36 — 39 — — Castlebar 81 55 148 45 99 Clifden 36———— Ennis 45 68 36 67 — Galway 129 85 — 120 77 Loughrea 51 — 26 28 25 Roscommon 41 36 48 45 18 Tuam — 52 63 — 59

North West Region Ballina 81 — 75 86 Buncrana 38———44 Carrick-on-Shannon 89 32 46 82 68 Cavan 85 18 — 85 16 Donegal 92 — 81 — 49 Letterkenny — 82 52 113 20 Longford 38 — 81 34 — Monaghan 45 37 — 45 — Sligo — 57 — 65 36 South East Region Carlow 86 76 84 76 71 Clonmel 67 67 17 76 50 Dungarvan — 30 32 80 43 Kilkenny 75 79 138 — 133 Nenagh 35——35— 1373 Questions— 2 June 2005. Written Answers 1374

Driving Test Centres W/C 30/5/2005 W/C 6/6/2005 W/C 13/6/2005 W/C 20/6/2005 W/C 27/6/2005

Portlaoise 49 27 29 40 — Thurles ————— Tipperary ———2643 Waterford 126 32 14 55 75 Wexford 85 54 52 69 71

South West Region Cork 363 250 162 269 314 Killarney 61 32——— Kilrush 36 — 48 — — Limerick 47 101 — 136 129 Mallow 82 — 67 78 36 Newcastle West 88 — 84 56 74 Shannon — — 29 — 82 Skibbereen 38 66 78 — — Tralee 77 — 84 70 80

Table 2 — Driver Testers Assigned 30 May — 2 July 2005.

Driving Test Centres W/C 30/5/2005 W/C 6/6/2005 W/C 13/6/2005 W/C 20/6/2005 W/C 27/6/2005

North Leinster Region Finglas 98888 Raheny 78473 Dundalk 22432 Mullingar 1 —321 Navan 43432

South Leinster Region Churchtown/Rathgar 10 11999 Tallaght 57464 Gorey 2 — 1 2 — Naas 65666 Tullamore 21111 Wicklow 2 —212 West Region Athlone 21112 Birr 1 — 2 — — Castlebar 22312 Clifden 1———— Ennis 1212— Galway 3 4 — 4 1 Loughrea 2 —111 Roscommon 11111 Tuam — 2 2 — 2

North West Region Ballina 2 — 1 — 2 Buncrana 1——— 1 Carrick-on-Shannon 21123 Cavan 2 1 — 2 1 Donegal 2 — 2 — 1 Letterkenny —2231 Longford 1 — 2 1 — Monaghan 1 1 — 1 — Sligo —2121 South East Region Carlow 22222 1375 Questions— 2 June 2005. Written Answers 1376

Driving Test Centres W/C 30/5/2005 W/C 6/6/2005 W/C 13/6/2005 W/C 20/6/2005 W/C 27/6/2005

Clonmel 22121 Dungarvan —1121 Kilkenny 2 2 4 — 3 Nenagh 1 — — 1 — Portlaoise 1111— Thurles ————— Tipperary — — — 1 1 Waterford 31122 Wexford 22222 South West Region Cork 99478 Killarney 2 1——— Kilrush 1 — 1 — — Limerick 1 3 — 4 4 Mallow 2 —221 Newcastle West 2 —222 Shannon — — 1 — 2 Skibbereen 1 — 1 — — Tralee 22222

Public Transport. 195. Mr. Bruton asked the Minister for Trans- 194. Mr. Bruton asked the Minister for Trans- port the details of the fare levels on CIE services port the number of passengers carried by main- at the beginning of 1998 and to date in 2005. line rail, suburban rail, DART, Dublin Bus and [18887/05] by provincial bus in 2004. [18886/05] 198. Mr. Bruton asked the Minister for Trans- Minister for Transport (Mr. Cullen): According port the comparison of fares on Dublin Bus, to the CIE annual report for 2004, the number of DART and Luas for an equivalent journey. passengers carried in 2004 by the CIE operating [18890/05] companies is as follows: mainline rail — 11.310 million; DART — 20.683 million; suburban rail Minister for Transport (Mr. Cullen): I propose — 2.557 million; Dublin Bus — 150 million; and to take Question Nos. 195 and 198 together. Bus E´ ireann — 90.165 million, which includes The details of the fare levels on CIE services 42.4 million passengers carried under the school at the beginning of 1998 and to date in 2005 are transport scheme. as follows:

Type 1998 2005 Increase

\\% Bus Eireann Average Fare 8.98 10.92 21.6 Bus A´ tha Cliath Adult (1-3 stage) .70 .90 28.5 Adult (4-7 stage) 1.02 1.30 27.4 Adult (8-13 stage) 1.27 1.50 18.1 Adult (14-23 stage) 1.40 1.75 25 Adult (over 23 stage) 1.59 1.85 16.3 Child (1-7 stage) .44 .60 36.3 Child (over 7 stages) .70 .80 14.2 Schoolchild (all stages) .38 .45 18.4

A sample of fares on services is as follows: Iarnro´dE´ ireann Dublin — Cork 41.91 52.50 25.2 Dublin — Thurles 24.13 30.00 24.3 Dublin (Connolly) — Dun Laoghaire 1.39 1.90 36.6 Tara Street — Raheny 1.27 1.60 25.9 1377 Questions— 2 June 2005. Written Answers 1378

A comparison of fares on Dublin Bus, DART The company carried 149 million passengers in and Luas services for an approximately equiv- that year and the Exchequer payment, therefore, alent journey is as follows: amounted to approximately 40 cent per passenger. Journey Fares The total Exchequer payment to the Railway Procurement Agency, RPA, for the operation of \ Luas services in 2004 was \1.453 million. Luas Dublin Bus — DART Luas services commenced on the green line in June Bray — City Centre 1.85 — 2.20 2004 and on the red line in September 2004. In Malahide Village — City Centre 1.75 — 1.90 2004 Luas carried 6.6 million passengers. This Sandyford — City Centre 1.75 — 2.00 equates to an Exchequer payment of 22 cent per Tallaght — City Centre 1.75 — 2.00 passenger. The Exchequer subvention to the CIE group of companies for 2005 is \270.1 million, of which 196. Mr. Bruton asked the Minister for Trans- \179.991 million will be allocated to Iarnro´ d port the number of passengers carried by each E´ ireann services, \25.1 million to Bus E´ ireann Luas in each month since they first opened. and \64.9 million to Bus A´ tha Cliath. The com- [18888/05] panies have budgeted to carry the following number of passengers in 2005: Iarnro´ dE´ ireann Minister for Transport (Mr. Cullen): Luas pass- — 36.4 million; Bus E´ ireann — 40 million and enger numbers since start up in July 2004 are as Bus A´ tha Cliath — 150.6 million. If these pro- follows: Quarter 3 2004 — 1,945,000; quarter 4 jected passenger numbers are reached it would 2004 — 4,625,000; quarter 1 2005 — 4,500,000; result in a subvention per passenger of \4.90 for quarter 2 2005 — 3,450,000 to end May only. Iarnro´ dE´ ireann; \0.43 for Bus A´ tha Cliath and The green line opened to the public at the end \0.63 for Bus E´ ireann. of June 2004. Patronage began at approximately The RPA estimates that the subvention in 630,000 passenger trips per month and has grown respect of Luas for 2005 is \2.576 million. The by approximately 45% in the period to April RPA estimate that Luas will carry 20.58 million 2005. The red line opened to the public in late passengers in 2005. This equates to an operating September 2004. Patronage began at approxi- subsidy of 13 cent per passenger. It should be mately 670,000 passenger trips per month and has noted that based on current forecasts the require- grown by approximately 25% in the period to ment for a subsidy of operational deficits on Luas April 2005. red and green lines will cease after 2006. These 197. Mr. Bruton asked the Minister for Trans- forecasts are based on the assumption that port the estimate of the annual subvention patronage rises in line with projections and fares towards mainline rail, DART, other suburban rise at least in line with the indexed cost of the rail, provincial bus, Dublin Bus and Luas and his contracts in place for the operation and mainten- estimate of the subvention per passenger car- ance of the Luas system and all other costs ried. [18889/05] remain at forecast levels.

Minister for Transport (Mr. Cullen): The total Question No. 198 was answered with Question Exchequer payment for public service obligations No. 195. to Iarnro´ dE´ ireann in 2004 was \71.421 million, of which \1.06 million was in respect of DART Decentralisation Programme. interest payments. The total number of passenger 199. Mr. Durkan asked the Minister for Trans- journeys on Iarnro´ dE´ ireann services was 34.6 port the number of civil and public servants on a million, of which 23.3 million were carried on the county basis who have been relocated in accord- DART and suburban lines. The Exchequer pay- ance with the Government’s programme for ment for each passenger was, therefore, \4.92. It decentralisation; and if he will make a statement should be noted that passenger numbers fell in on the matter. [18908/05] 2004 arising from line closures at weekends dur- ing the DART upgrade works. It should also be Minister for Transport (Mr. Cullen): My noted that Iarnro´ dE´ ireann carries significant Department and transport agencies already have costs associated with the management and main- a strong regional presence throughout the coun- tenance of the rail infrastructure. try. Further moves are planned as part of the The Exchequer subvention to Bus E´ ireann in recent decentralisation programme. While these 2004 was \23.998 million. No Exchequer payment moves have not taken place yet both the road was made in relation to commercial Expressway haulage function of the Department of Transport services. The company carried 40 million passen- and the National Safety Council have been iden- gers in 2004 on public service obligation services. tified as candidates for early transfer. The estimated Exchequer payment per passenger in respect of the public service obligations was Public Transport. 62 cent. \ 200. Mr. Bruton asked the Minister for Trans- The Exchequer provided 61.8 million to Bus port his estimate of the passenger miles which will A´ tha Cliath in 2004 for public service obligations. 1379 Questions— 2 June 2005. Written Answers 1380

[Mr. Bruton.] Decisions on the disbursement of unclaimed be travelled in 2005 by the mainline rail, DART, moneys from the dormant accounts fund are cur- other suburban rail, provincial bus, Dublin Bus rently a matter for the Dormant Accounts Fund and Luas. [18920/05] Disbursements Board. This is an independent statutory body under the aegis of my Department Minister for Transport (Mr. Cullen): The esti- and established under the Dormant Accounts mate from CIE of the passenger miles which will Acts. The board engaged Area Development be travelled in 2005 is as follows: Management Limited, ADM, to administer the Provincial bus: 89.7 million initial round of funding on its behalf, which involves the disbursement of up to \60 million Dublin Bus: 1.05 billion from the fund. Luas: 100 million During 2004, the board approved 420 projects for funding totalling almost \42 million. To date ´ in 2005, the board has approved further projects Iarnro´ dEireann states that total passenger kilo- bringing the overall totals to 482 approvals metres in 2004 amounted to 1.582 billion. This fig- involving a total amount of \56.2 million. While ure was depressed due to the DART weekend a breakdown of these approvals by individual closures. The company states that if the closures constituency is not available, a county analysis is had not taken place, then the estimated total set out in the following appendix for the would have been 1.622 billion subdivided as fol- Deputy’s information. lows: mainline rail — 1.242 billion and DART- ´ The drawdown of funding is subject to the suburban — 0.380 billion. Iarnro´ dEireann satisfactory completion of legal contracts between expects that there will be a growth in 2005 of the individual groups and the board. As part of between 5% and 9% gross on last year’s figures. this process, groups are required to submit neces- sary documentation, such as agreed budgets, tax Departmental Expenditure. clearance certificates, evidence of insurance, etc., 201. Mr. McGuinness asked the Minister for to ADM before payments are actually made. The Community, Rural and Gaeltacht Affairs the total amount disbursed with regard to projects costs paid from Exchequer funds to 31 December approved by the board was approximately \1.4 2004 in relation to all commissions, inquiries and million in 2004 and to date in 2005, this figure has tribunals commenced since 1995 by his Depart- increased to \4 million. Furthermore, in July ment; the title of the commission, inquiry and tri- 2004, following consultation with the board and bunal; the estimated date of completion of same; in accordance with the terms of the Dormant the estimated final cost of each commission, Accounts Act 2001, as amended, \10 million from inquiry and tribunal. [18769/05] the fund was transferred to my Department to partly finance the rural social scheme. Minister for Community, Rural and Gaeltacht With regard to projects on the offshore islands, Affairs (E´ amon O´ Cuı´v): No commissions, inquiries or tribunals have been commenced by I understand that five applications were received my Department since its establishment in June by ADM. These were evaluated against the 2002. criteria set out in the published guidelines and recommendations made to the board for decision. Dormant Accounts Fund. None of these applications were successful and the groups concerned were advised of the board’s 202. Mr. Kehoe asked the Minister for Com- decisions and offered the opportunity to seek a munity, Rural and Gaeltacht Affairs the specific review of those decisions. funding that has been disbursed from the dor- mant accounts fund in 2005 to each individual Dormant Accounts Board approvals by county. constituency; and if he will make a statement on the matter. [18776/05] County No of Value of Approved Approved Projects 203. Mr. Kehoe asked the Minister for Com- Projects munity, Rural and Gaeltacht Affairs the amount of funding that has been disbursed from the dor- Carlow 6 313,149 mant accounts fund in 2004 to projects on the off- Cavan 3 606,523 shore islands; and if he will make a statement on Clare 9 793,872 the matter. [18786/05] Cork 58 6,231,161 204. Mr. Kehoe asked the Minister for Com- Donegal 11 983,930 munity, Rural and Gaeltacht Affairs the amount Dublin 184 19,181,811 of funding that was disbursed from the dormant Galway 27 4,091,015 accounts fund in 2004; and if he will make a state- Kerry 25 4,807,470 ment on the matter. [18787/05] Kildare 11 2,695,868 Minister of State at the Department of Com- Kilkenny 6 748,130 munity, Rural and Gaeltacht Affairs (Mr. N. Laois 4 199,722 Ahern): I propose to take Questions Nos. 202 to Leitrim 7 560,749 204, inclusive, together. 1381 Questions— 2 June 2005. Written Answers 1382

County No of Value of Approved NSMC. The relevant issues that require examin- Approved Projects ation prior to submission of the question to the Projects NSMC are being pursued on an ongoing basis. Limerick 16 1,943,616 Longford 7 451,336 Grant Payments. Louth 9 700,464 206. Mr. Deenihan asked the Minister for Agri- Mayo 14 2,281,543 culture and Food when a forestry premium will Meath 1 112,000 be awarded to a person (details supplied) in Monaghan 1 253,233 County Kerry; and if she will make a statement Offaly 1 60,000 on the matter. [18806/05] Roscommon 12 1,115,269 Minister for Agriculture and Food (Mary Sligo 13 1,204,859 Coughlan): The forest service of my Department Tipperary 17 1,302,150 wrote to the person in question on 17 May 2005 Waterford 15 2,383,602 requesting documentation with regard to eligi- Westmeath 8 564,263 bility for the farmer rate of forestry premium. Wexford 9 1,319,282 Payment of the premium will be made on receipt Wicklow 8 1,286,788 of this documentation. If the person in question is unable to furnish the required documentation, Total 482 \56,191,804 payment of the premium at the non-farmer rate will be made.

Decentralisation Programme. Animal Welfare. ´ 205. Mr. Durkan asked the Minister for Com- 207. Aengus O Snodaigh asked the Minister for munity, Rural and Gaeltacht Affairs the number Agriculture and Food the measures taken to of civil and public servants on a county basis who research if there is any link between the intestinal have been relocated in accordance with the problems in animals or humans and the spread of Government’s programme for decentralisation; the ragworth weed, especially on waste ground, and if he will make a statement on the matter. throughout Ireland. [18876/05] [18909/05] 208. Aengus O´ Snodaigh asked the Minister for Minister for Community, Rural and Gaeltacht Agriculture and Food if her attention has been Affairs (E´ amon O´ Cuı´v): The Deputy will be drawn to the fact that the livers of horses who aware that, under the decentralisation prog- have been feeding on waste ground have rotted ramme, my Department will be decentralising to due to ingesting the ragworth weed; the steps she two locations, namely, Knock Airport and Na will take to eliminate the ragworth weed from the Forbacha in Galway, which is an existing countryside; and the threat to livestock it decentralised location. In addition, it is proposed poses. [18877/05] that staff of two bodies, reporting to my Depart- Minister for Agriculture and Food (Mary ment, ADM and Foras na Gaeilge, will relocate Coughlan): I propose to take Questions Nos. 207 — ADM to Clifden, County Galway and Foras and 208 together. na Gaeilge to Gaoth Dobhair, County Donegal. Under the Noxious Weeds Act 1936, it is an Relocation can only take place when suitable offence not to prevent the spread of certain accommodation is in place. My Department is weeds, including ragwort and the owner, occu- committed to completing the relocation process pier, user or manager of lands on which ragwort to Knock Airport by 2007. This timescale is is growing is liable, on conviction, to be fined. dependent on the Office of Public Works encoun- Ragwort is a highly poisonous plant as the alka- tering no delays in the planning and building pro- loids it contains can cause serious damage to the cesses involved in providing the required accom- liver of farm animals. The only way to safeguard modation. against loss from ragwort poisoning is to eradi- Temporary accommodation is currently avail- cate the weed either by pulling, ploughing, cutting able in Na Forbacha and relocation is subject to or chemical control. Where weeds are pulled or the availability of staff with fluency in Irish cut, they must be removed and destroyed before becoming available through the CAF mechanism. animals are allowed to graze as they are much Prior to the announcement of the Government’s more palatable in the dried state. Hay or silage plan for decentralisation in December 2003, I had should not be harvested from fields containing decided to relocate some of the work of my ragwort. There are no official figures available in Department from Dublin to Galway. Under this Ireland for deaths of horses due to ragwort pois- initiative, five posts have been relocated to date. ing. Unofficial estimates indicate that the level is The OPW is also in the process of securing a site very low and does not warrant any special atten- in Clifden to accommodate staff of ADM. tion or investigation. Foras na Gaeilge is a North-South implemen- Over the years the problem of noxious weeds tation body and the re-location of staff of the on farms has diminished with most complaints on body to Gaoth Dobhair is subject to the agree- noxious weeds now relating to urban areas, ment of the North-South Ministerial Council, 1383 Questions— 2 June 2005. Written Answers 1384

[Mary Coughlan.] named with regard to problems that arose while particularly derelict sites, roadways and waste processing his 2004 area aid application. The areas which come within the remit of local auth- Department sought maps and evidence to entitle- orities. A Teagasc advisory leaflet is available for ment to commonage areas being claimed on his the control of noxious weeds and is revised in line area aid application. There has been no reply with advances in new control procedures. from the person named to date. On receipt of a reply from the person named, the area aid unit Departmental Expenditure. will process his 2004 area aid application without 209. Mr. McGuinness asked the Minister for delay and any payments due to him will be made Agriculture and Food the costs paid from in due course, provided he has complied with the Exchequer funds to 31 December 2004 in relation conditions of the schemes for which he applied. to all commissions, inquiries and tribunals com- 212. Mr. Durkan asked the Minister for Agri- menced since 1995 by her Department; the title culture and Food if her attention has been drawn of the commission, inquiry and tribunal; the esti- to the potential loss of up to \80 million due to mated date of completion of same; the estimated Irish farmers arising from special beef premium final cost of each commission, inquiry and tri- payments with particular reference to commit- bunal. [18770/05] ments given by the then EU Agricultural Com- Minister for Agriculture and Food (Mary missioner, Mr. Franz Fischler, to the effect that Coughlan): No commissions, inquiries or tri- no country or individual farmer would lose out bunals were commenced by my Department from from the changeover to full decoupling; if her 1995 to 31 December 2004. further attention has been drawn to the fact that arising from indications to date, losses of between \ \ Forestry Sector. 50 and 80 per animal are likely with obvious negative consequences; and if she will make a 210. Mr. Durkan asked the Minister for Agri- statement on the matter. [18837/05] culture and Food if she will retain the current supports for afforestation as requested by the Minister for Agriculture and Food (Mary IFA relating to the ongoing EU rural develop- Coughlan): I am fully aware of the impact that ment negotiations; and if she will make a state- the overshoot reduction will have on beef farmers ment on the matter. [18803/05] who claimed on more than 25 animals. The Minister for Agriculture and Food (Mary decision to opt for full decoupling was arrived at Coughlan): The issues here relate to the forestry following careful consideration of all options and elements contained in the draft Rural Develop- following a widespread public consultation pro- ment Regulation 2007-2013, first published by the cess. A very persuasive factor in this process was European Commission in July 2004 and which is the suggestion that farmers in those member the subject of ongoing negotiations in the Council states which fully decoupled would not be of Ministers. disadvantaged during the transitional period. The Throughout the negotiations so far, the Irish level of the overshoot of the regional ceiling is position on the draft regulation in general, includ- attributable to the ending of the special beef pre- ing the specific aspects related to forestry has mium scheme in 2004 and application patterns been clear. On these forestry aspects I have both in terms of total numbers of animals applied pointed to the negative impacts that the proposals upon and the timing of lodging of applications, would have on the sector, particularly those relat- strongly suggest this to be the case. ing to reduced establishment grants, premiums I am actively seeking a solution to this issue and associated premium payments periods. Nego- and will continue to do so with the European tiations on the Commission proposals are con- Commissioner and her officials. I have already tinuing within the Agriculture Council and as raised the issue with the Commissioner on a they progress, I will be pressing for the best pos- number of occasions during various meetings. My sible outcome for Ireland on the package as a Department also forwarded a detailed submission whole, including a satisfactory outcome on for- to the European Commission dealing with this estry issues. matter on 25 April 2005. The matter has been discussed with the Commissioner’s cabinet and Grant Payments. with the most senior officials of the European Commission. Arrangements are currently at an 211. Mr. Timmins asked the Minister for Agri- advanced stage for a meeting between my culture and Food the position in relation to the officials and the various services of the Com- payment of the 2004 headage payment, suckler mission’s DG Agriculture. cow payment and extensification payment for a I am availing of every opportunity to press for person (details supplied) in county Wicklow; if appropriate measures be put in place to alleviate these payments will be awarded as speedily as the difficulties encountered by beef farmers in possible; and if she will make a statement on the Ireland as a result of the ending of the special matter. [18808/05] beef premium in 2004. I will continue to pursue Minister for Agriculture and Food (Mary the matter with the Agriculture Commissioner Coughlan): The area aid unit wrote to the person and Commission officials. 1385 Questions— 2 June 2005. Written Answers 1386

213. Mr. McHugh asked the Minister for Agri- result of rationalisation of income support culture and Food the reason force majeure and schemes. My Department aims to transfer a exceptional circumstances were not granted to a further 50 staff to Portlaoise by early 2006 in person (details supplied) in County Galway; if a ongoing implementation of the Government’s more lenient view will be taken when this appeal programme for decentralisation. is being considered; and if she will make a state- ment on the matter. [18868/05] Crime Levels. 215. Mr. Deasy asked the Minister for Justice, Minister for Agriculture and Food (Mary Equality and Law Reform the details of the head- Coughlan): An application for consideration line offences recorded and detailed for each of under the force majeure-exceptional circum- the districts within the Kilkenny-Waterford div- stances measure of the single payment regu- ision for each of the years 2000, 2001, 2002, 2003 lations was submitted by the person named on and 2004. [18756/05] 17 February 2004. Following consideration by my Department and the independent single payment Minister for Justice, Equality and Law Reform appeals committee of the circumstances outlined, (Mr. McDowell): With regard to crime figures, on including additional information submitted, my becoming Minister for Justice, Equality and Law Department is satisfied that force majeure can be Reform, I arranged for the publication of head- applied in respect of disease outbreaks which line crime statistics on a quarterly basis to resulted in decreased production in 2002. Conse- improve the quality of information available to quently, the year 2002 will be excluded and only the public. While caution should be exercised in the years 2000 and 2001 will be used in the calcu- interpreting levels of crime between quarters, I lation of the single payment entitlement. The per- am pleased to note that during my term of office son named was notified of this decision and an as Minister, the quarterly crime rate has amended statement of provisional entitlements decreased from 6.7 per 1,000 population to 6 per reflecting this position has been issued. 1,000 over the longer period of 11 quarters for which figures are available. This trend is reflected Decentralisation Programme. throughout most Garda districts in the country. In interpreting these figures, account has also 214. Mr. Durkan asked the Minister for Agri- to be taken of the introduction of the new culture and Food the number of civil and public PULSE computer system by the Garda Sı´ocha´na servants on a county basis who have been in 1999, which led to more complete and compre- relocated in accordance with the Government’s hensive recording of crimes reported than was programme for decentralisation; and if she will previously the case. The Deputy will also be make a statement on the matter. [18910/05] aware that, taking into account the significant Minister for Agriculture and Food (Mary increase in our population since 1995, the head- Coughlan): My Department located approxi- line crime rate has fallen from 29 per 1,000 popu- mately 50 additional staff in Portlaoise as an lation in 1995 to 25 per 1,000 population in 2004. initial step in decentralisation during 2004. Cur- The tables show the headline offences, for the rently work for another 60 staff is being trans- years 2000 to 2004 inclusive, for the each Garda ferred to Portlaoise and will be undertaken by district within the Kilkenny-Waterford division staff in that office who are being freed up as a for the years 2000 to 2004.

Headline Offences Recorded and Detected for Dungarvan Garda District from 2000 to 2004*

Year 2004* 2003 2002 2001 2000

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 1100110000 Assault 28 25 21 20 38 35 21 18 11 10 Sexual Offences 6 4 14 14 16 15 11 11 8 8 Arson 8141443277 Drugs 8 8 20 20 26 26 7 7 13 13 Thefts 263 108 250 96 231 79 173 92 146 71 Burglary 185 26 193 34 143 41 136 53 165 66 Robbery 1054423111 Fraud 21 18 31 29 20 14 37 35 25 24 Other 1 1 12 12664455

Total 522 192 550 230 489 223 395 223 381 205

*Statistics for 2004 are provisional/operational and liable to change. 1387 Questions— 2 June 2005. Written Answers 1388

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

Year 2004* 2003 2002 2001 2000

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 0010222211 Assault 61 49 65 57 71 60 41 30 20 19 Sexual Offences 22 7 35 27 58 48 116 110 18 16 Arson 946394821611 Drugs 43 43 53 52 62 62 53 53 24 24 Thefts 492 283 502 286 447 251 377 190 344 235 Burglary 197 36 242 64 267 65 252 72 257 78 Robbery 3 1 19 12 14 9 13 3 11 8 Fraud 57 38 84 65 57 43 94 88 42 38 Other 15 13 46 45 20 17 10911

Total 899 474 1,053 611 1,007 561 966 559 734 431 *Statistics for 2004 are provisional/operational and liable to change.

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

Year 2004* 2003 2002 2001 2000

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 0000000011 Assault 445510105544 Sexual Offences 00321414201922 Arson 2010111122 Drugs 2233883322 Thefts 102 31 99 36 70 25 52 17 62 12 Burglary 90 11 99 12 72 15 85 15 126 30 Robbery 0041111100 Fraud 70 68 21 20 23 23 25 25 12 10 Other 4322224400

Total 274 119 237 81 201 99 196 90 211 63 *Statistics for 2004 are provisional/operational and liable to change.

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

Year 2004* 2003 2002 2001 2000

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 1111000011 Assault 25 17 34 28 39 31 24 21 11 11 Sexual Offences 10 3 119764444 Arson 30731657310 Drugs 20 20 25 25 16 16 20 20 4 4 Thefts 189 88 185 73 159 63 143 43 110 20 Burglary 122 34 168 36 150 27 108 23 136 22 Robbery 5331310033 Fraud 6 5 22 20 26 21 13 12 9 7 Other 4411445500

Total 385 175 457 197 420 174 324 131 279 72 *Statistics for 2004 are provisional/operational and liable to change. 1389 Questions— 2 June 2005. Written Answers 1390

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

Year 2004* 2003 2002 2001 2000

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 1111331100 Assault 107 84 114 96 127 111 85 62 59 49 Sexual Offences 36 28 75 58 39 28 21 16 22 20 Arson 14 1 30 17 37 14 38 13 15 7 Drugs 68 68 110 110 134 134 108 108 86 86 Thefts 1,122 691 1,173 826 941 583 965 651 760 516 Burglary 420 105 491 160 464 150 477 205 497 244 Robbery 31 19 34 18 32 15 50 33 48 35 Fraud 120 113 142 134 96 87 92 83 115 113 Other 33 23 29 27 25 19 11 11 4 4

Total 1,952 1,133 2,199 1,447 1,898 1,144 1,848 1,183 1,686 1,074 *Statistics for 2004 are provisional/operational and liable to change.

Visa Applications. the application will be assessed by my Depart- ment and a decision will be made. 216. Mr. Wall asked the Minister for Justice, Equality and Law Reform the position regarding Departmental Expenditure. a visa application for a person (details supplied); 217. Mr. McGuinness asked the Minister for and if he will make a statement on the matter. Justice, Equality and Law Reform the costs paid [18757/05] from Exchequer funds to 31 December 2004 on all commissions, inquiries and tribunals com- Minister for Justice, Equality and Law Reform menced since 1995 by his Department; the title of (Mr. McDowell): It is my understanding that a the commission, inquiry and tribunal; the esti- significant amount of supporting documentation mated date of completion of same; the estimated was absent when this application was submitted final cost of each commission, inquiry and tri- to my Department. My officials have written to bunal. [18771/05] the applicant in question requesting additional Minister for Justice, Equality and Law Reform documentation to be supplied as soon as possible. (Mr. McDowell): The information requested by Upon receipt of the requested documentation, the Deputy is set out in the table.

Name of Commission/ Cost Paid to 31/12/2004 Estimated Date of Estimated Final Cost Inquiry/Tribunal Completion

Tribunal of Inquiry into the facts and \8,147,368 Autumn 2005 \12,147,368 circumstances surrounding the fatal shooting of John Carthy at Abbeylara, County Longford on 20 April, 2000. Tribunal of Inquiry into complaints \15.1m It is not possible to It is not possible to estimate concerning some gardaı´ of the give a precise the final cost of this Donegal Division. indication but it is tribunal. In addition to the hoped that it will actual costs of the tribunal have completed its itself, there will also be work by early 2006. additional costs arising as a result of orders for costs which have yet to be determined. Review of the action taken and of \107,674.00 January 2002 \107,674.00 relevant papers held by the Garda Sı´ocha´na and the Department of Justice, Equality and Law Reform relevant to allegations that members of the Garda Sı´ocha´na in the Donegal Division engaged in criminal, unethical or unprofessional behaviour — Report by Shane Murphy SC 1391 Questions— 2 June 2005. Written Answers 1392

Name of Commission/ Cost Paid to 31/12/2004 Estimated Date of Estimated Final Cost Inquiry/Tribunal Completion

National Irish Bank Inquiry — The \5,842,959.92 — this was The inspectors See across. High Court appointed inspectors reimbursed to the Minister presented their under the Companies Act on the for Justice, Equality and report to the High application of the Minister for Law Reform in April 2005. Court on 12 July Enterprise, Trade and 2004 Employment with effect from 1 April, 1998 Ansbacher Inquiry — The High The inspection cost of \3.45m The inspection in See across Court appointed inspectors to was paid for by my relation to Ansbacher (Cayman) Ltd. under Department, of which Ansbacher the Companies Act on the \1.25m was later (Cayman) Ltd. was application of the Minister for reimbursed. completed in June Enterprise, Trade and 2002 and a Report Employment with effect from 22 was published. September, 1999 Inquiry carried out by Mr. Justice Information not readily Final report — Information not readily Francis D. Murphy under the available in time allowed to November 2000 available in time allowed to provisions of Section 21 of the answer parliamentary answer parliamentary Courts of Justice (District Court) question. Information will question. Information will Act 1946 in relation to the be forwarded directly to be forwarded directly to propriety of Judge O’Buachalla’s Deputy by my Department Deputy by my Department handling of the licensing of Jack as soon as possible. as soon as possible. White’s Inn and the discharge of judicial functions in certain cases brought before him by two gardaı´

The Deputy should note that the information in The closing date for receipt of applications for the table relates to tribunals, commissions and the scheme was 31 March 2005. Some 18,000 other inquiries but does not include details in applications were received. To date, in excess of respect of working groups or similar review com- 6,000 applicants have been granted temporary mittees, although in some instances such groups permission to remain. Applications are being might nonetheless be titled “commissions”. dealt with as expeditiously as possible and, in so far as is possible, in order of receipt. Given the Residency Permits. number of applications being processed, it is 218. Mr. P. Breen asked the Minister for expected that the processing of the application Justice, Equality and Law Reform the status of from the person concerned will be completed an application for permission to remain in the within the next few weeks. State for a person (details supplied) in County Vetting of Personnel. Clare; and if he will make a statement on the matter. [18789/05] 219. Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if he will assist Minister for Justice, Equality and Law Reform a group (details supplied) in Dublin 10 with (Mr. McDowell): The person concerned arrived regard to assistance from the gardaı´ in obtaining in the State on 14 July 2002 and applied for a clearance for community employment child care declaration as a refugee. His application was workers. [18796/05] refused following consideration of his case by the Office of the Refugee Applications Com- Minister for Justice, Equality and Law Reform missioner on 24 July 2002 and, on appeal, by the (Mr. McDowell): The Garda central vetting unit, Refugee Appeals Tribunal on 28 November 2002. GCVU, carries out criminal record vetting in Subsequently, in accordance with section 3 of respect of, inter alia, prospective full-time the Immigration Act 1999, as amended, he was employees of the Health Service Executive and informed by letter that the Minister proposed to in certain agencies funded by the executive, as make a deportation order in respect of him. He well as in respect of prospective child care was given the options to be exercised within 15 workers on equal opportunities child care working days of making representations to the schemes funded by my Department. The unit cur- Minister setting out the reasons why they should rently deals with approximately 100,000 vetting be allowed to remain temporarily in the State; applications per annum. leaving the State before an order is made or con- Although the group referred to by the Deputy senting to the making of a deportation order. cannot currently avail of this vetting regime in In the normal course of events, this person’s respect of some of its staff, these will be covered case file, including all representations received, by a planned phased extension of Garda vetting would fall to be considered under section 3(6) of arrangements to all relevant groups. In this the Immigration Act 1999, as amended, and regard, a working group was established to exam- under section 5 of the Refugee Act 1996, as ine the issue of extending vetting arrangements. amended — prohibition of refoulement. The per- The working group submitted its final report in son concerned, however, made an application for March 2004 and this report has since been pub- permission to remain in the State on the basis of lished in electronic form on my Department’s his parentage of an Irish born child born before website. On the basis of this report, my colleague, 1 January 2005 under the revised arrangements Deputy Brian Lenihan, Minister of State with announced on 15 January 2005. special responsibility for children, announced the 1393 Questions— 2 June 2005. Written Answers 1394 provision of additional staff resources for the The information requested by the Deputy is given GCVU to enable the Garda Sı´ocha´na’s vetting in the tables. services to be extended. With regard to crime figures, on becoming The Minister of State’s announcement Minister for Justice, Equality and Law Reform, implements one of the key recommendations of I arranged for the publication of headline crime the working group. The other practical recom- statistics on a quarterly basis to improve the qual- mendations are being brought forward by an ity of information available to the public. While implementation group chaired by the Garda caution should be exercised in interpreting levels Sı´ocha´na and comprising representatives of my of crime between quarters, I am pleased to note Department; the Departments of Health and that during my term of office as Minister, the Children, Education and Science and Finance; quarterly crime rate has decreased from 6.7 per the Office of the Attorney General and Mr. Paul 1,000 population to 6 per 1,000 over the longer Gilligan, chief executive officer of the ISPCC. period of 11 quarters for which figures are avail- I am pleased that the extension of the services able. This trend is reflected throughout most Garda districts in the country. of the GCVU will commence later this year, as In interpreting these figures, account has also soon as the necessary practical arrangements are to be taken of the introduction of the new in place, and public announcements will occur in PULSE computer system by the Garda Sı´ocha´na this regard in due course. in 1999, which led to more complete and compre- hensive recording of crimes reported than was Crime Levels. previously the case. Taking into account the sig- 220. Mr. Connaughton asked the Minister for nificant increase in our population since 1995, the Justice, Equality and Law Reform the details of headline crime rate has fallen from 29 per 1,000 the headline offences recorded and detailed for population in 1995 to 25 per 1,000 population in each of the districts within the Galway East- 2004. The tables show the headline offences, for Roscommon Garda division in the years 1997, the years 2000 to 2004 inclusive, for the Bantry 2000 and 2004; and if he will make a statement Garda District. on the matter. [18797/05] I have been informed by the Garda authorities that the current personnel strength of the Bantry Minister for Justice, Equality and Law Reform district, as at 31 May 2005, was 41, all ranks. The (Mr. McDowell): It has not been possible to com- number of Garda personnel assigned to each pile the information requested in the timeframe station, together with overall policing arrange- allowed. I will arrange for the information to be ments and operational strategy, is continually forwarded directly to the Deputy at the earliest monitored and reviewed. Such monitoring possible opportunity. ensures that optimum use is made of Garda resources and the best possible Garda service is 221. Mr. J. O’Keeffe asked the Minister for provided to the general public. Justice, Equality and Law Reform the crime With regard to Garda resources generally, I am statistics for Bantry Garda district in west Cork pleased that the Government has approved my for the years 2000 to 2004 respectively; and if he proposal to increase the strength of the Garda will give consideration to establishing a further Sı´ocha´na to 14,000 members on a phased basis, in Garda presence in the area. [18805/05] line with the An Agreed Programme for Govern- ment commitment in this regard. This is a key Minister for Justice, Equality and Law Reform commitment in the programme for Government (Mr. McDowell): I refer the Deputy to my answer and its implementation will significantly to Question No. 831 on Tuesday, 31 May 2005. strengthen the operational capacity of the force.

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

Year 2004* 2003 2002 2001 2000

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 0000000000 Assault 14 11 17 15 18 16 19 17 9 6 Sexual Offences 1165354112323 Arson 3082116321 Drugs 6666446655 Thefts 109 39 162 41 134 56 70 13 68 20 Burglary 28 6 39 10 45 13 29 9 61 23 Robbery 0010110000 Fraud 107925314141312 Other 887713126522

Total 189 83 254 86 226 110 151 68 183 82 *Statistics for 2004 are provisional/operational and liable to change. 1395 Questions— 2 June 2005. Written Answers 1396

Parental Leave. Minister for Justice, Equality and Law Reform (Mr. McDowell): I refer the Deputy to the reply I 222. Ms Shortall asked the Minister for Justice, gave to Questions Nos. 214 on Thursday, 28 April Equality and Law Reform the numbers and take up rates of parental leave for each year since the 2005, and 133, on Thursday, 26 May 2005. Appli- introduction of the Parental Leave Act 1998. cations received under the revised arrangements [18827/05] announced by me on 15 January 2005 are cur- rently being examined in respect of the persons Minister for Justice, Equality and Law Reform concerned. I understand that the examination will (Mr. McDowell): I am not in a position to provide determine whether there is a necessity for the the Deputy with the information requested as my applicants to travel outside the State to obtain Department does not compile statistics on uptake identity documents for the purpose of complying of parental leave. However, the Deputy may be with this scheme. I also understand that a interested to know that a survey was com- decision will be made shortly in respect of the missioned on the uptake levels of parental leave applications from the persons concerned. in the context of a review of the Parental Leave Act 1998 which was conducted by my Depart- Drug Seizures. ment in 2001. The survey, carried out by MORI MRC, consisted of 655 questionnaires completed 226. Aengus O´ Snodaigh asked the Minister for by employers during July and August 2001. Justice, Equality and Law Reform the number of According to MORI MRC’s estimates, almost drug seizures for each of the past ten years per 7% of employees were eligible for parental leave district in Dublin; and the type and value of the and 20% of these were estimated to have taken drugs seized. [18871/05] some form of parental leave. A summary of the Minister for Justice, Equality and Law Reform findings of this survey are published in the report (Mr. McDowell): I am informed by the Garda of the working group on the review of the Par- authorities that the establishment of a breakdown ental Leave Act 1998, which is available on my by district and value of the drugs seized would Department’s website www.justice.ie and in the require an extensive manual search of records Oireachtas Library. and would necessitate an inordinate commitment 223. Ms Shortall asked the Minister for Justice, of resources. Details of figures for the number of Equality and Law Reform the numbers and take cases in which proceedings were commenced can up rates of unpaid maternity leave in each of the be found in the Garda Sı´ocha´na annual reports past five years for which figures are available. for the years 1995 to 2003. Figures in respect of [18828/05] 2004 are not yet available. ´ Minister for Justice, Equality and Law Reform 227. Aengus O Snodaigh asked the Minister for (Mr. McDowell): My Department does not com- Justice, Equality and Law Reform the number and type of guns found along with each drug seiz- pile statistics on the uptake of additional unpaid \ maternity leave. Consequently, I am not in a posi- ure of over 10,000 in value; and the type of drugs tion to provide the information sought by the in each case in each of the past five years. Deputy. [18872/05]

Residency Permits. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda 224. Mr. Durkan asked the Minister for Justice, authorities that the establishment of the drug Equality and Law Reform the current residency type and the number of firearms involved in the status in the case of a person (details supplied) in seizures to which the Deputy refers would require County Dublin; and if he will make a statement an extensive manual search of records and would on the matter. [18843/05] involve the expenditure of a significant level of Minister for Justice, Equality and Law Reform resources. The table provides details of drugs (Mr. McDowell): The person in question has an seizures valued at over \10,000 where at least one application for permission to reside in the State firearm, within the meaning of the Firearms Acts and this is currently under consideration. A 1925 to 1990, was also seized in the past five request for further information recently issued to years. the person’s legal representative in this regard. On receipt of the information requested a Year No. of seizures involving firearms with decision will be made on the application. drugs valued over \10,000

Visa Applications. 2005 to date 8 225. Mr. Durkan asked the Minister for Justice, 2004 2 Equality and Law Reform, further to Parliamen- 2003 9 tary Question No. 214 of 28 April 2005 in the case 2002 4 of persons (details supplied), if he will authorise 2001 3 the necessary temporary travel documents to 2000 2 enable these persons travel to the UK in an effort to obtain the necessary passports or proof of identity; and if he will make a statement on the ´ matter. [18844/05] 228. Aengus O Snodaigh asked the Minister for Justice, Equality and Law Reform the Garda dis- 1397 Questions— 2 June 2005. Written Answers 1398 trict for each of the crack cocaine seizures in the supervision of the Garda technical bureau. past 15 years. [18873/05] Smaller seizures of drugs are destroyed at district level, under the supervision of a Garda inspector. Minister for Justice, Equality and Law Reform (Mr. McDowell): It has not been possible within Drugs in Prisons. the timeframe available to collate the information 231. Aengus O´ Snodaigh asked the Minister for required by the Deputy. I will contact the Deputy Justice, Equality and Law Reform the evidence directly when information is to hand. upon which he is implementing mandatory drug testing in prisons when the Scottish prison service Crime Levels. has indicated it is cancelling its mandatory testing 229. Aengus O´ Snodaigh asked the Minister for programme as MDT is not working, is encourag- Justice, Equality and Law Reform if he has met ing rather than deterring heroin use among pris- with the traders, shop owners or the policing oners, is increasing tensions between staff and forum in the Thomas Street-Francis Street-Meath prisoners, and is discouraging drug users Street areas to discuss the increase in open drug accessing drug treatment programmes. dealing and associated crimes; and if he will make [18878/05] a statement on the matter. [18874/05] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): The programme for Govern- (Mr. McDowell): Operational matters are an ment gave a commitment to tackling the issue of issue for the management of the Garda Sı´ocha´na. drug use in Irish prisons. This includes treatment However, I am in regular contact with the Com- and rehabilitation, supply reduction and the missioner of the Garda Sı´ocha´na on matters of introduction of mandatory drug testing. I am importance. satisfied that mandatory drug testing can play an I am informed by the Garda Sı´ocha´na that the important role in the overall strategy for tackling areas referred to by the Deputy receive regular the scourge of drug use among prisoners. Manda- attention from officers based at Kevin Street tory drug testing will provide information on station and consists of patrolling by uniformed trends in drug misuse, enable the identification gardaı´, detective units, the divisional crime task and referral of drug abusers to treatment prog- force, the special resource unit, the Garda moun- rammes, enable enhanced focusing of resources tain bike unit and the community policing unit. and act as a deterrent to drug misuse. Mandatory The district drugs unit at Kevin Street station also drug testing will also provide important infor- constantly patrols these areas. mation to prison management that will contribute Garda management keeps the issue of resource significantly to decision-making in relation to the allocation under constant review in all areas to management of individual prisoners sentences. best determine the policing methods most appro- Without this basic information, planning for priate for local communities. In this respect the treatment can never be as focused as it should be involvement of the local community directly with and resources can never be effectively targeted. gardaı´ through local police fora is to be encour- The introduction of mandatory drug testing will aged and supported. I am informed that, in this allow the Irish Prison Service to deploy its case, the gardaı´ are constantly liaising with the resources in the most rational and productive business community in the areas referred to with manner. a view to ensuring that problems of concern to it are addressed effectively. Irish Prison Service. 232. Aengus O´ Snodaigh asked the Minister for Drug Seizures. Justice, Equality and Law Reform his views on 230. Aengus O´ Snodaigh asked the Minister for recent media reports (details supplied) that he Justice, Equality and Law Reform the arrange- intends to allow for the privatisation of Loughan ments for the secure storage and safe destruction House and Shelton Abbey prisons. [18879/05] of illicit drugs seized by the Garda Sı´ocha´na; if Minister for Justice, Equality and Law Reform there is independent monitoring and verification (Mr. McDowell): There is no question of any of the process; and if he will make a statement on prison or place of detention, including Loughan the matter. [18875/05] House and Shelton Abbey, being privatised at Minister for Justice, Equality and Law Reform this time. However, I have made it abundantly (Mr. McDowell): I am informed by the Garda clear at all times that, in the absence of agree- authorities that all illegal drugs seized are initially ment with the Prison Officers’ Association on conveyed to the forensic science laboratory, proposals for organisational change involving pending analysis. Once analysed, smaller quantit- new staff attendance arrangements, the intention ies of seized drugs are returned to the Garda dis- is to proceed with a package of cost controlling trict or divisional headquarters of origin where measures, which includes closure of the open they are stored in secure conditions in a safe for prisons at Loughan House, County Cavan and evidential purposes until no longer required. Vol- Shelton Abbey, County Wicklow. Thereafter ume drug seizures are stored in secure conditions those premises would not be part of the prison at Garda headquarters in the Phoenix Park. system and they would not be managed by the When no longer required as evidence, or in the Irish Prison Service. event of no prosecution, they are transported to The Probation and Welfare Service and certain a facility where they are incinerated under the voluntary organisations already provide facilities 1399 Questions— 2 June 2005. Written Answers 1400

[Mr. McDowell.] school while in other cases the care needs of the to assist prisoners with the transition from prison child have diminished as the child has progressed to life in the community. I am of the view that through the school. In this regard, the schools this area needs to be developed further and I wish where surplus SNA support was identified have to see halfway houses made available on a struc- been advised that they may retain this surplus tured basis. Rather than leave the premises in until the end of the current school year. Cavan and Wicklow idle, I have instructed my There is no redeployment scheme in place by Department to make arrangements for them to which SNAs who are surplus to requirements in a be made available as halfway houses for particular school could be redeployed to another offenders on temporary release to facilitate their school. Putting such a scheme in place would be re-integration into society. quite complex as there is no guarantee that as a In a recent prior indicative notice published in post becomes surplus in one school, an additional the EU journal, my Department signalled an post would become available in the locality. intention to invite tenders for the operation of Unlike teachers, where posts are allocated on a halfway houses at Loughan House and Shelton pupil-teacher ratio basis which enables a Abbey, including management, staffing, security, redeployment scheme to work effectively, SNA catering, cleaning, laundry, general maintenance posts are allocated on the basis of individual care and the provision of training and therapeutic needs and the creation of a workable redeploy- programmes. ment scheme would be much more difficult. The Deputy will be aware that this Govern- Decentralisation Programme. ment has put in place an unprecedented level of 233. Mr. Durkan asked the Minister for Justice, support for children with special needs. Indeed, Equality and Law Reform the number of civil and since 1998, the number of SNAs has increased public servants on a county basis who have been from under 300 to nearly 6,000 nationally. In relocated in accordance with the Government’s addition to this, more effective systems, such as programme for decentralisation; and if he will the establishment of the National Council for make a statement on the matter. [18911/05] Special Education, have been put in place to ensure that children get support as early as pos- Minister for Justice, Equality and Law Reform sible. It is important to state that where it is has (Mr. McDowell): Work is currently underway in been established that as additional SNA posts are my Department to give effect to the decision of required, these posts are continuing to be allo- the Government on decentralisation. Nine offices cated on an ongoing basis. or sections of the Department of Justice, Equality and Law Reform involving close to 1,000 staff are 235. Mr. Allen asked the Minister for Edu- scheduled to decentralise to seven locations over cation and Science if she will reverse the decision the lifetime of this programme. Transfers of staff made to discontinue the three posts of classroom between Departments and offices who have assistant in a school (details supplied) in County applied to decentralise to these locations are cur- Cork in view of the impact that decision will have rently being processed in accordance with human on so many of the children who are dependent on resource protocols agreed at central level. the support of a classroom assistant. [18753/05] To date six staff have relocated to Tipperary to work in the private security authority. I would Minister for Education and Science (Ms also remind the Deputy that over 200 staff of my Hanafin): I assume the Deputy is referring to the Department have already relocated to Kerry positions of special needs assistants which are under a previous decentralisation programme. allocated to schools to meet the care needs of children with special needs. My Department has School Staffing. undertaken a review of number of special needs assistants in our primary schools to ensure that 234. Mr. McCormack asked the Minister for they have the right level of support to meet the Education and Science her plans to regularise the assessed needs of their pupils. situation regarding special needs assistants in pri- This review found that some schools had excess mary schools; her further plans to make those posts in that the care needs for which they were posts full-time; if re-deployment arrangements originally given the post no longer exist. This will be entered into where special needs assistants would be because the child that the special needs become surplus to requirements in schools; and if assistant was sanctioned for has either left the she will make a statement on the matter. school or has progressed to a point that they no [18752/05] longer need this type of support. Special needs Minister for Education and Science (Ms posts cannot be held onto by schools who no Hanafin): The Deputy may be aware that a longer have the care needs for which they were review has been conducted in recent months to sanctioned. Others schools were found to need establish whether primary schools have the level additional SNA posts and these posts are continu- of special needs assistant, SNA, support that they ing to be allocated on an ongoing basis. need for children in their care, whether they have Following the review, my Department advised resources which they no longer need or whether the school in question that based on the special they need extra resources. The review has found educational needs of its pupils, it has a surplus that some schools no longer have the care needs capacity of two full-time SNA posts. The school for which the SNA was originally sanctioned, that has been advised that the surplus can be retained is, in some cases the child may have left the until the end of the current school year. The 1401 Questions— 2 June 2005. Written Answers 1402 school currently has four full-time and two part- Department primary circular 19/02 which is also time SNA posts. available on my Department’s website. The appeals board will meet in June, July and Psychological Service. October to consider appeals on the mainstream teaching allocation to schools for the 2005-06 236. Mr. Noonan asked the Minister for Edu- school year. cation and Science the reason there has been a The closing dates for appeals are 3 June, 24 delay of over two years for a psychological assess- June and 7 October. Appeals must be submitted ment for a person (details supplied) in County to Primary Payments Section, Department of Limerick. [18754/05] Education and Science, Athlone, on the standard Minister for Education and Science (Ms application form, clearly stating the criterion Hanafin): If the Deputy can supply details of the under which the appeal is being made. I am sure age of the person and the name and roll number the Deputy will appreciate that it would not be of the school attended, it will then be possible appropriate for me to intervene in the operation for officials of my Department to investigate this of the independent appeals board. matter for him. Departmental Expenditure. Pupil-Teacher Ratio. 238. Mr. McGuinness asked the Minister for 237. Mr. Gogarty asked the Minister for Edu- Education and Science the costs paid from cation and Science if her attention has been Exchequer funds to 31 December 2004 in relation drawn to the fact that the junior infants class to all commissions, inquiries and tribunals com- starting in September 2005 in a school (details menced since 1995 by her Department; the title supplied) in County Dublin will comprise 34 of the commission, inquiry and tribunal; the esti- pupils; if this is a temporary arrangement; and if mated date of completion of same; the estimated she will make a statement on the matter. final cost of each commission, inquiry and tri- [18755/05] bunal. [18772/05] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The staffing of a primary school is Hanafin): The Commission to Inquire into Child determined by reference to the enrolment of the Abuse was established in 1999. A sum of school on the 30 September of the previous \21,234,960.02 has been expended from school year and by reference to a staffing sched- exchequer funds up to the end of 2004 which ule. This staffing schedule is outlined in primary covers administrative costs, legal costs and the circular 15/05 which issued to all primary schools Department’s legal fees. The Government signed recently. This is in line with guidelines agreed an order on 20 May 2005 extending the term of between my Department and the education part- the commission up to 23 May 2008. However, the ners. The system for allocating teachers to pri- commission has indicated that it should conclude mary schools is based on ensuring an overall its inquiry well before that date. The overall esti- maximum class of 29 in each school. Where some mated cost of the commission to the end of 2007 classes in a school have class sizes of greater than is \102.2 million. 29, it is generally because a decision has been The Residential Institutions Redress Board taken at local level to use their teaching resources was established for a three year period on the 16 to have smaller numbers in other classes. December 2002. Up to the end of 2004 a sum of In the current school year the staffing of the \141,238,936.72 was expended on redress awards school referred to by the Deputy comprises of a and associated costs. A further sum of principal and nine mainstream class teaching \30,978,640.97, received from the religious con- posts. This is based on an enrolment of 235 pupils gregations under the terms of the indemnity at 30 September 2003. The school also has the agreement of 5 June 2002, was used to meet services of a learning support post. The main- redress awards. The administrative cost of the stream staffing of the school for the 2005-06 redress board and the review committee up to the school year will consist of a principal and nine end of 2004 was to \12,226,640.23. Therefore, the mainstream class teaching posts. This is based on total sum expended from Exchequer funds up to an enrolment of 252 pupils at 30 September 2004. the end of 2004 was \153,465,576.95. The schedule referred to above can only be It is not possible to determine the total number deviated from when a school experiences rapid of applications under the redress scheme at this growth in its enrolment. Rapid growth is defined juncture. It will take the board some considerable as an increase in its enrolment in one year rela- time to deal with all applications and as a result tive to the previous year of 25 pupils plus a stipu- the final cost of the scheme may not be known lated excess of five pupils on the appointment fig- until some time in 2007. Based on the total ure. If the board of management of the school number of applications the redress board expects feel that the enrolment of the school will increase to receive up to the 15 December 2005, and by this amount, they may apply for a post under allowing for legal and administration costs, the the developing schools criteria as outlined in estimated total cost of the scheme will be some- Department circular 15/05. where in the region of \680 million to \730 To ensure openness and transparency in the million. system an independent appeals board is now in Between 1995 and the current date there have place to decide on any appeals. The criteria under been two non-statutory inquires in the child which an appeal can be made are set out in detention school sector. Both inquiries concerned 1403 Questions— 2 June 2005. Written Answers 1404

[Ms Hanafin.] Minister for Education and Science (Ms allegations made against employees of children Hanafin): I am pleased to advise the Deputy that detention schools. The first inquiry commenced a full-time special needs assistant has been in April 2002, its work finishing in July 2003. The approved to the school to cater for the special total cost was \98,552, including VAT. The care needs of four pupils including the pupil in second inquiry commenced in the summer of question. A letter confirming this arrangement 2002 and finished in November 2002. The total issued to the school on the 25 February last. cost was \15,730, including VAT. 242. Mr. J. O’Keeffe asked the Minister for There is power for the Minister to establish Education and Science if her attention has been inquiries under the Vocational Education Acts drawn to the difficulties from the implementation into the fitness of officers of vocational education of the general allocation model for special edu- committees and institutes of technology to hold cation needs teachers for young junior teachers in office. One such inquiry was established regard- larger schools; if this anomaly was an unintended ing a member of staff in Dundalk Institute of outcome; if the present low-incidence special Technology. The cost of that inquiry was \ needs posts will be continued as permanent posts 4,381.51. Other similar inquiries have taken where the low-incidence hours at schools so war- place but it has not been possible to obtain details rant. [18811/05] of these in the time available. I will arrange to forward the information to the Deputy as soon Minister for Education and Science (Ms as possible. Hanafin): As the Deputy is aware the review of Finally, under section 20 of the Regional Tech- the general allocation system has now been com- nical Colleges Act 1992, the Minister for Edu- pleted. The new model replaces that which was cation and Science has power to authorise officers notified to schools in June 2004, which has been to report on the operation of institutes of tech- reviewed to take account of difficulties that it nology. One such inspection has been carried out may have caused for smaller schools. in the relevant time period. The cost involved \ The introduction of this new system will was 40,653.43. involve the provision of an estimated additional 340 permanent posts in primary schools from Schools Amalgamation. September next. A further 320 posts are being 239. Ms Enright asked the Minister for Edu- provided on a temporary basis to facilitate the cation and Science the position in relation to the transition to the new system and to ensure conti- amalgamation of schools (details supplied) in nuity of service for children who have previously County Offaly; and if she will make a statement been given an individual allocation until those on the matter. [18790/05] children leave the primary school system. The model was constructed so that allocations would Minister for Education and Science (Ms be based on pupil numbers, taking into account Hanafin): The schools to which the Deputy refers the differing needs of the most disadvantaged have agreed to amalgamate to form a community schools and the evidence that boys have greater college. It has been determined that the amalga- difficulties than girls in this regard. mated school will be located on the site of one of The advantages of using a general allocation the existing providers. County Offaly vocational model are as follows: it facilitates early inter- education committee is pursing the acquisition of vention as the resource is in place in the school this site. When the site has been acquired pro- when the child enrols; it reduces the need for gress on delivery of the project can be considered. individual applications and supporting psycho- logical assessments; it puts resources in place on Schools Building Projects. a more systematic basis, thereby giving schools more certainty about their resource levels; it gives 240. Cecilia Keaveney asked the Minister for more security to special education teaching posts Education and Science the position in relation to and makes special education teaching a more correspondence (details supplied) regarding a attractive option; it allows flexibility to school school in County Donegal; and if she will make a management in the deployment of resources, statement on the matter. [18799/05] leading to a more effective and efficient delivery Minister for Education and Science (Ms of services; and it will automatically adjust a Hanafin): The project at the school to which the school’s general allocation on the basis of chang- Deputy refers has been assessed in accordance ing enrolment. with the published prioritisation criteria which My Department has devised school clusters in was revised following consultation with the edu- respect of allocations to be made under the gen- cation partners. The project will be considered in eral allocation system. This information has been the context of the school building and modernis- notified to schools, where appropriate, along with ation programme 2005-09. the details of each school’s individual allocation. In relation to the specific issue raised by the School Staffing. Deputy, my Department has advised schools that where they currently have a permanent resource 241. Mr. G. Murphy asked the Minister for teacher and where they have adequate hours to Education and Science if a person (details warrant the continuation of a full-time post supplied) in County Cork will receive a special through a combination of general allocation needs assistant. [18804/05] hours and-or low incidence hours and-or trans- 1405 Questions— 2 June 2005. Written Answers 1406 itional hours for the coming school year, they September, 2003. The school also has two learn- may retain the existing teacher for the school year ing support posts, a resource post and a tempor- without the status of the teacher having to ary language support post. The mainstream staff- change. ing of the school for the 2005-06 school year will My Department is finalising a circular for consist of a principal and 18 mainstream class schools which will contain detailed information teaching posts. This is based on an enrolment of on how the new system will operate. This circular 504 pupils at 30 September 2004. will issue before the end of the current school To ensure openness and transparency in the year. system an independent appeals board is now in place to decide on any appeals. The criteria under School Curriculum. which an appeal can be made are set out in 243. Mr. J. O’Keeffe asked the Minister for Department primary circular 19/02 which is also Education and Science if parents of children at available on my Department’s website. The second level schools, who believe that it is not in appeals board will meet in June, July and the interests of their children to complete tran- October to consider appeals on the mainstream sition year, are entitled to have their children teaching allocation to schools for the 2005-06 transferred straight into the leaving certificate school year. The closing dates for appeals are 3 programme after junior certificate year; and if she June, 24 June and 7 October. Appeals must be will make a statement on the matter. [18813/05] submitted to Primary Payments Section, Depart- ment of Education and Science, Athlone, on the Minister for Education and Science (Ms standard application form, clearly stating the cri- Hanafin): The transition year programme is terion under which the appeal is being made. I optional for each school. A minority of schools am sure the Deputy will appreciate that it would do not offer transition year at all. In others it may not be appropriate for me to intervene in the be available as an optional programme for some operation of the independent appeals board. pupils. Some schools, in deciding to offer the programme, require all pupils to take the prog- School Transport. ramme in accordance with their curriculum pro- vision across the school. In such schools — rep- 245. Mr. Bruton asked the Minister for Edu- resenting about 30% of the 500 schools offering cation and Science the policy of her Department the Programme in the current school year — the in providing bus escorts on school buses; the pro- programme is compulsory. This decision is made portion of buses on which they are employed; and by school management. if they make a worthwhile contribution to safety If a parent is unhappy with matters concerned on school buses. [18835/05] with the management of the school he or she may Minister for Education and Science (Ms make representations to the principal, the board of management and in the case of a VEC school Hanafin): My Department allocates funding to the local vocational education committee. schools to enable them to employ escorts on school transport services. These escorts are School Staffing. specifically engaged to cater for children with special educational needs whose care require- 244. Ms C. Murphy asked the Minister for Edu- ments are such as to necessitate continuous sup- cation and Science if she will reverse the port. Over 600 escorts are employed. These announced loss of a teacher for the coming school escorts provide a very valuable service for chil- year for a school (details supplied) in view of the dren with special needs who require assistance. fact that Kildare has the highest pupil-teacher ratio nationally and that Celbridge is one of the Institutes of Technology. fastest developing parts of the county. [18815/05] 246. Mr. Bruton asked the Minister for Edu- Minister for Education and Science (Ms cation and Science the information technology Hanafin): The staffing of a primary school is system linking Institutes of Technology, including determined by reference to the enrolment of the its cost; the selection process and its performance school on the 30 September of the previous to date; her plans to undertake a formal assess- school year and by reference to a staffing sched- ment of its performance which has come in for ule. This staffing schedule is outlined in primary some criticism. [18836/05] circular 15/05 which issued to all primary schools recently. This is in line with guidelines agreed Minister for Education and Science (Ms between my Department and the education part- Hanafin): The system referred to is a com- ners. The system for allocating teachers to pri- puterised management information system mary schools is based on ensuring an overall known as the MIS project which is a joint project maximum class of 29 in each school. Where some of the 15 institutes of technology. An EU-wide classes in a school have class sizes of greater than tender process for a standard system across the 29, it is generally because a decision has been institutes was undertaken by a consortium board taken at local level to use their teaching resources under the direction of the Dublin Institute of to have smaller numbers in other classes. Technology. The board included representation In the current school year the staffing of the from the institutes of technology and my Depart- school referred to by the Deputy comprises of a ment. The MIS project involved some 59 instal- principal and 19 mainstream class teaching posts. lations in the areas of student records, finance, This is based on an enrolment of 534 pupils at 30 core payroll-human resource, and library. The 1407 Questions— 2 June 2005. Written Answers 1408

[Ms Hanafin.] Westmeath; if the allocation will be restored to total cost of the project for the 15 institutes was this school; and if she will make a statement on \45 million. the matter. [18883/05] At present, 58 of the installations have been Minister for Education and Science (Ms completed and the remaining project, namely, the Hanafin): As the Deputy is aware the review of student record system in the Cork Institute of the general allocation system has now been com- Technology, will be completed shortly. As the pleted. The new model replaces that which was project was undertaken on a phased basis, I am notified to schools in June 2004, which has been aware that some institutes are more advanced in reviewed to take account of difficulties that it managing the new resource. Both the council of may have caused for smaller schools. directors of the institutes of technology, and the Dublin Institute of Technology, have indicated The introduction of this new system will strong support for the MIS project and no criti- involve the provision of an estimated additional cism of its performance has been notified to my 340 permanent posts in primary schools from Department. Indeed, I understand that some uni- September next. A further 320 posts are being versities are now examining what has been provided on a temporary basis to facilitate the achieved with the common MIS platform in the transition to the new system and to ensure conti- institutes of technology. nuity of service for children who have previously been given an individual allocation until those children leave the primary school system. School Placement. My Department has devised school clusters in 247. Mr. Durkan asked the Minister for Edu- respect of allocations to be made under the gen- cation and Science if a person (details supplied) eral allocation system. This information has been in County Kildare will obtain a place at a college notified to schools, where appropriate, along with (details supplied); and if she will make a state- the details of each school’s individual allocation. ment on the matter. [18838/05] The general allocation for the school in question is 12.5 hours. In addition, the school has received Minister for Education and Science (Ms one post and 15 part time hours under trans- Hanafin): The National Educational Welfare itional arrangements to cater for the needs of Board is the statutory agency which can assist individual pupils with high incidence disabilities parents who are experiencing difficulty in secur- until such time as these pupils leave the school. ing a school place for their child. The parents of I can confirm that this school received a teach- the child referred to by the Deputy have been ing allocation based on its status as a mixed advised to contact the senior educational welfare school, that is, the first post is allocated at 145:1. officer for the area to seek assistance in this Schools whose allocations are based on 80:1 are matter. those disadvantaged schools that are specifically My Department has also written to the parents eligible for additional staffing under the urban informing them of their right, under section 29 of dimension of the Giving Children an Even Break the Education Act 1998, to appeal a decision by scheme. This school is not eligible for such any recognised school to refuse enrolment to additional staffing and therefore it does not qual- their child. Section 29 of the Education Act 1998 ify for the 80:1 ratio. provides parents with an appeal process where a My Department is finalising a circular for board of management of a school or a person act- schools which will contain detailed information ing on behalf of the board refuses enrolment to a on how the new system will operate. This circular student. Where a school refuses to enrol a pupil, will issue before the end of the current school the school is obliged to inform parents of their year. right under section 29 of Education Act 1998 to appeal that decision to the Secretary General of my Department. Decentralisation Programme. It must be stressed that my Department has no 249. Mr. Durkan asked the Minister for Edu- authority to compel a school to admit a pupil, cation and Science the number of civil and public except in the case of an appeal under section 29 servants on a county basis who have been of the Education Act 1998 against a refusal to relocated in accordance with the Government’s enrol and where that appeal is upheld. Infor- programme for decentralisation; and if she will mation in relation to the section 29 appeals pro- make a statement on the matter. [18912/05] cedures, including an appeals application form and contact details for the relevant section of my Minister for Education and Science (Ms Department, have been sent to the parents of the Hanafin): As a result of earlier programmes of child referred to by the Deputy. To date, no such decentralisation, my Department has just over appeal has been lodged with my Department. 300 posts located in Athlone and over 150 posts located in Tullamore. Some 400 Dublin based posts in my Department will decentralise — 300 Special Educational Needs. of these will go to Mullingar and the remaining 248. Mr. Penrose asked the Minister for Edu- 100 will go to Athlone. I understand that it is cation and Science the steps she will take to cor- anticipated that the building needed to accommo- rect an inequality, which has arisen, in relation to date the posts in Athlone should be available in the allocation of special needs and learning sup- late 2006 or early 2007. It is anticipated that the port teachers, under the new general allocation accommodation for the posts in Mullingar will be system, to a school (details supplied) in County available sometime during 2008 at the earliest. 1409 Questions— 2 June 2005. Written Answers 1410

Following the completion of the move to which has responsibility for the provision of Mullingar my Department will be fully official accommodation for Government Depart- decentralised, with its main bases being in ments, has placed a contract for the fit-out of a Mullingar, Athlone and Tullamore. The only posts leased building in Roscrea. It is expected that this remaining in Dublin will be those associated with building will be available for occupation later inspectorate and psychological services to Dublin this year. schools, along with two small regional offices. My Department has set out the areas of work to Departmental Expenditure. be based in Mullingar, Athlone and Tullamore in its implementation plan. The process of arranging 252. Mr. McGuinness asked the Minister for to have each area of work staffed by people who the Environment, Heritage and Local Govern- wish to decentralise with that area of work when ment the costs paid from Exchequer funds to 31 the accommodation is ready for occupation is December 2004 in relation to all commissions, underway. inquiries and tribunals commenced since 1995 by his Department; the title of the commission, Departmental Expenditure. inquiry and tribunal; the estimated date of com- pletion of same; the estimated final cost of each 250. Mr. McGuinness asked the Minister for commission, inquiry and tribunal. [18774/05] Defence the costs paid from Exchequer funds to 31 December 2004 in relation to all commissions, Minister for the Environment, Heritage and inquiries and tribunals commenced since 1995 by Local Government (Mr. Roche): I assume that his Department; the title of the commission, the question relates to commissions, inquiries and inquiry and tribunal; the estimated date of com- tribunals established for specific investigative pletion of same; the estimated final cost of each purposes. The total cost of the Tribunal of commission, inquiry and tribunal. [18773/05] Inquiry into Certain Planning Matters and Pay- ments to 31 December 2004 is \37.602 million. Minister for Defence (Mr. O’Dea): In so far The tribunal expects to finish all its public hear- as my Department is concerned, no commissions, ings by at the latest March 2007. It is not possible inquiries or tribunals have been initiated since for my Department to estimate the final costs of 1995. the tribunal at this stage as these depend on the progress of its business and on decisions by the Decentralisation Programme. tribunal with regard to costs of witnesses. 251. Mr. Durkan asked the Minister for Defence the number of civil and public servants Departmental Staff. on a county basis who have been relocated in accordance with the Government’s programme 253. Mr. Durkan asked the Minister for the for decentralisation; and if he will make a state- Environment, Heritage and Local Government ment on the matter. [18913/05] the process which is available to persons who are dissatisfied with the outcome of applications or Minister for Defence (Mr. O’Dea): The interviews in respect of membership of the civil Government decision on decentralisation or public service; if such procedures were fol- announced by the Minister for Finance in his lowed in respect of the application by a person Budget Statement on 3 December 2003 provides (details supplied) in County Kildare; if he has for the transfer of my Department’s Dublin based satisfied himself that the interviews and decisions Civil Service staff to Newbridge, County Kildare. arising therefrom are in accord with the relevant The number of staff to be relocated to Newbridge legislation, regulations or statutory instruments; is 200. The Government decision also provides and if he will make a statement on the matter. for the transfer of 300 Defence Forces head- [18861/05] quarters staff to the Curragh, County Kildare. The Office of Public Works is currently in dis- Minister for the Environment, Heritage and cussions with Kildare County Council regarding Local Government (Mr. Roche): The Com- the possible acquisition of a site in Newbridge for mission for Public Service Appointments, set up the Department’s new headquarters. A site for under the Public Service Management the Defence Force’s headquarters at the Curragh (Recruitment and Appointments) Act 2004, has has been selected and preliminary planning in recently published codes of practice governing connection with the design of the building has recruitment to the Civil Service. The code pre- commenced. Accordingly, in the absence of office scribes the necessary standard of probity, merit, accommodation, there have been no staff equity and fairness to be applied to recruitment transfers to the new locations. It is envisaged that and provides for a review-appeals procedure. both relocations will take place in 2007. Most recruitment for this Department and for In the context of the White Paper on defence, senior posts in local authorities is carried out by the Government decision of 29 February 2000 the Public Appointments Service also set up provides for the decentralisation of the Civil under the above mentioned Act. The Department Defence Board to Roscrea, County Tipperary. also directly recruits a number of staff to indus- There are approximately 30 posts in the Civil trial and contract posts. The code of practice will Defence headquarters. Ten staff of the Civil be applied to all such recruitment in the future. Defence Board have moved to temporary accom- In the case of competitions held prior to the pub- modation in Roscrea with effect from 10 lication of the code of practice, it has been the September 2004. The Office of Public Works, practice of my Department to examine and 1411 Questions— 2 June 2005. Written Answers 1412

[Mr. Roche.] Minister of State at the Department of the respond to any complaints received to ensure that Environment, Heritage and Local Government due process had been followed. (Mr. N. Ahern): Some 6,117 units were com- Recruitment by State bodies under the aegis of pleted in 2004 under both the local authority the Department, and posts, other than senior housing construction-acquisition and voluntary posts in local authorities, is generally carried out housing programmes. Taking account of new directly by those bodies. The details supplied with local authority housing, vacancies arising in exist- the question do not allow my Department to ing houses and output under the range of other identify the particular competition or the social housing measures the needs of over 12 ,000 recruiting body concerned. If the Deputy would households were met last year. In 2005, it is like to supply this additional information I will anticipated that the needs of in excess of 13,000 have this matter examined further. households will be met from the same measures. The average cost of a housing unit provided in Decentralisation Programme. 2004 under both the local authority housing con- struction programme and the voluntary housing 254. Mr. Durkan asked the Minister for the programmes is estimated at \150,000. Environment, Heritage and Local Government the number of civil and public servants on a Development Levies. county basis who have been relocated in accord- ance with the Government’s programme for 257. Mr. Bruton asked the Minister for the decentralisation; and if he will make a statement Environment, Heritage and Local Government on the matter. [18914/05] his estimate of the total revenue raised by local authorities from development levies in 2003, 2004 Minister for the Environment, Heritage and and to date in 2005. [18917/05] Local Government (Mr. Roche): In accordance with the Government decision on the first phase Minister for the Environment, Heritage and of moves under the decentralisation programme, Local Government (Mr. Roche): Information in the transfer of my Department’s headquarters to relation to development contributions collected Wexford is included in the list of those organis- by planning authorities are published in my ations considered potential early movers. The Department’s annual planning statistics, which indicative timescale provided for the completion are available in the Oireachtas Library. The total of the Department’s headquarters in Wexford amount of development contributions collected \ and the subsequent relocation of staff, is the by planning authorities in 2003 was 215 million. second quarter of 2007. Consequently, no staff The 2004 planning statistics are currently being have been relocated at this time. A revised decen- compiled; an initial estimate of the amount col- tralisation implementation plan which sets out lected in development contributions in that year \ the issues to be addressed in the context of the is 350 million. My Department is not yet in a move to Wexford, has been submitted to the position to estimate the amount of development decentralisation implementation group. contributions that will be collected in 2005.

Social and Affordable Housing. Social and Affordable Housing. 255. Mr. Bruton asked the Minister for the 258. Mr. Bruton asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the number of outstanding loans under the shared the number of houses completed in 2004 under ownership scheme in 2004; and the total subven- part V of the Planning and Development Act tion awarded towards the cost of the rental 2000; and his forecast for the full year 2005. element. [18915/05] [18918/05] Minister of State at the Department of the Minister of State at the Department of the Environment, Heritage and Local Government Environment, Heritage and Local Government (Mr. N. Ahern): Local authorities acquired 591 (Mr. N. Ahern): Mortgage finance for the shared social and affordable housing units in 2004 under ownership scheme is generally provided by the part V of the Planning and Development Acts housing finance agency and administered by indi- 2000-2004. It is anticipated that over 1,600 hous- vidual local authorities. Accordingly, statistics ing units will be provided under part V this year. relating to the number of loans advanced to fund shared ownership transactions or the number out- Motor Taxation. standing are not available in my Department. However, information on activity under the 259. Mr. Bruton asked the Minister for the scheme for each local authority is available on my Environment, Heritage and Local Government Department’s website at www.environ.ie. the revenue received from motor taxation in Some \2,770,818 was paid to the local auth- 2004; and the expected revenue in 2005. orities in respect of rent subsidy under the shared [18919/05] ownership scheme for 2004. Minister for the Environment, Heritage and 256. Mr. Bruton asked the Minister for the Local Government (Mr. Roche): Total receipts Environment, Heritage and Local Government from motor taxation, including driving licence the number of social houses completed in 2004; duties, etc., amounted to \747 million in 2004. and his estimates of the average cost per unit. Estimated receipts for 2005 are \770 million. [18916/05]