Vol. 589 Thursday, No. 2 30 September 2004

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 30 September 2004.

Request to move Adjournment of Da´il under Standing Order 31 ……………… 641 Appointment of Ministers and Ministers of State: Statement ……………… 643 Order of Business ……………………………… 644 Private Members’ Business: Enforcement of Court Orders Bill 2004: Second Stage (resumed)…………… 654 Transfer of Execution of Sentences Bill 2003 [Seanad]: Second Stage ……………………………… 683 Referral to Select Committee ………………………… 708 Ceisteanna—Questions Minister for the Environment, Heritage and Local Government Priority Questions …………………………… 709 Other Questions …………………………… 720 Adjournment Debate Matters …………………………… 732 Adjournment Debate Job Losses ………………………………… 733 Dublin Port Tunnel …………………………… 735 Water and Sewerage Schemes ………………………… 738 Questions: Written Answers …………………………… 741 641 642

DA´ IL E´ IREANN agement to destroy 1,300 jobs in the national air- line, the potential major conflict of interest ———— involving the senior management of Aer Lingus who while charged with protecting the interests De´ardaoin, 30 Mea´nFo´mhair 2004. of the taxpayer in a publicly owned company are Thursday, 30 September 2004. planning its privatisation, the decision by the company management to cease taking home ———— human remains following the death of citizens abroad and to discuss the damaging consequences Chuaigh an Ceann Comhairle i gceannas ar of the Government’s neo-liberal economic poli- 10.30 a.m. cies responsible for the threatened destruction of the airline. ———— An Ceann Comhairle: It is not appropriate to Paidir. go beyond the statement submitted to my office. Prayer. Mr. Allen: I seek permission to suspend busi- ———— ness under Standing Order 31 to discuss the Government’s ongoing failure to commence work Request to move Adjournment of Da´il under on the new Cork School of Music and to allow Standing Order 31. the new Minister — maybe it will be a case of An Ceann Comhairle: Before coming to the third time lucky because three Ministers will have Order of Business I propose to deal with a been dealing with this matter — an opportunity number of notices under Standing Order 31. I will to present to the House all the details regarding call on the Deputies in the order in which they the Government’s dealings with Jarvis Develop- submitted their notices to my office. ment who were the proposed developers for that project. Mr. Connaughton: I seek the Adjournment of the Da´il under Standing Order 31 to discuss the Aengus O´ Snodaigh: I seek the adjournment of matter of 40 redundancies at the Dubarry shoe the Da´il under Standing Order 31 on the follow- factory in Ballinasloe, County Galway last week ing important matter of public interest requiring and to ask the new Minister for Enterprise, Trade urgent consideration, namely the need for the and Employment if he is aware that no new Minister for Justice, Equality and Law Reform to industrial jobs have been created in Ballinasloe reverse his deportation policy and keep his prom- to replace the more than 1,000 jobs lost in that ise made to the parties at the first briefing on the area over the past three or four years. That is the citizenship referendum, that he would move to first request to the Minister and I hope he will do regularise the situation of approximately 11,000 more in this regard than did the Ta´naiste. families with children who are Irish citizens who face either separation from their parents or effec- Mr. Morgan: I seek the Adjournment of the tive exile as a result of Government policy. This Da´il under Standing Order 31 on the following would bring Irish policy into line with our Euro- matter of urgent public concern, namely, the pean partners with respect to the obligation to refusal of the Department of Education and Sci- uphold children’s rights to the care and company ence to grant co-operation hours for practical of their parents, enshrined in the international subject teachers of an additional four hours and convention on the rights of the child, as outlined 45 minutes per day to St. Brighid’s special sec- by the Advocate General in the Chen case. ondary school in Dundalk and the crisis currently pertaining at the school where as a consequence Mr. Gogarty: I seek the adjournment of the of this refusal students with disabilities are only Da´il under Standing Order 31 to debate an issue getting practical subject input on a week on week of national importance, namely the appalling con- off basis. dition of many of our primary and secondary Mr. M. Higgins: In accordance with the terms schools, including those in areas of rapid expan- of Standing Order 31, I seek the Adjournment sion such as St. Mary’s junior and senior schools of the Da´il to discuss the following specific and in Rowlagh and St. Bernadette’s junior and important matter of public interest requiring senior schools in Quarryvale. These schools were urgent attention, the issue of the number and poorly designed in the 1970s and now suffer from conditions of prisoners being held in Iraq, its rel- ongoing vandalism and flooding due to the design evance to the position of Ken Bigley who is being and condition of their roofs. The schools are cur- held as a hostage and the initiatives the Irish rently in a departmental limbo despite the recog- Government proposes to take. nised urgent need to replace the roofs in all four schools simultaneously. The situation is a sad Mr. J. Higgins: I seek the Adjournment of the reflection of the Government’s lack of commit- Da´il to raise a matter of crucial national import- ment to education, particularly in disadvantaged ance, namely, the proposals by Aer Lingus man- areas. 643 Order of 30 September 2004. Business 644

Mr. Sargent: I seek the adjournment of the Da´il Deputy Conor Lenihan to be Minister of State at under Standing Order 31 to allow the Govern- the Department of Foreign Affairs. ment to elaborate on the reported assurances which, it claims, were given that a flotilla of wea- Order of Business. pons-grade plutonium travelling from the USA to Cherbourg in France will not pass through Irish The Taoiseach: The Order of Business today waters, and to clarify if this assurance is in writing shall be as follows: No. 1, Transfer of Execution and if it refers to the 12-mile, 50-mile or 200-mile of Sentences Bill 2003 [Seanad] — Second Stage; limit off the coast; and to state what contingency and Private Members’ Business No. 30, Enforce- plan is in place in the event of an accident or ter- ment of Court Orders Bill 2004 — Second Stage rorist attack on this highly dangerous cargo. (resumed), to be taken immediately after the Order of Business and to conclude after 90 An Ceann Comhairle: Having considered the minutes. matters raised, I do not consider them to be in order in accordance with Standing Order 31. Mr. Kenny: I am a bit concerned for your own safety, a Cheann Comhairle, when I see the for- mer Minister, Deputy Michael Smith, sitting high Appointment of Ministers and Ministers of on the backbenches telling us that he will be State: Statement. hanging around for a while longer. I do not know The Taoiseach: I wish to formally announce, whether you heard that remark or whether there for the information of the Da´il that, having is any significance in it. informed the President that Da´il E´ ireann had approved my nomination of Deputies Hanafin, An Ceann Comhairle: That does not arise on O’Dea and Roche to be members of the Govern- the Order of Business. ment, the President, on 29 September 2004, appointed them accordingly. Mr. Durkan: It could arise. On the same day, I assigned the Department of Health and Children to the Ta´naiste, Deputy Mr. Kenny: He is not going to leave a convivial Harney; the Department of Finance to Deputy party until it closes down. Cowen; the Department of Communications, Marine and Natural Resources to Deputy Noel Mr. M. Smith: I got a medical as well. Dempsey; the Department Foreign Affairs to Mr. Kenny: Maybe he should keep in touch Deputy Dermot Ahern; the Department of with Deputy Rabbitte and myself on a more reg- Enterprise, Trade and Employment to Deputy ular basis. Martin; the Department of Social and Family Affairs to Deputy Brennan; the Department of Mr. Roche: The Deputy will be in opposition Transport to Deputy Cullen; the Department of for a long time. Agriculture and Food to Deputy Coughlan; the Department Education and Science to Deputy Mr. Kenny: Arising from the ministerial Hanafin; the Department of Defence to Deputy appointments and divisions of responsibility that O’Dea; and the Department of the Environment, the Taoiseach announced yesterday, is there any Heritage and Local Government to Deputy Minister of State with specific responsibility for a Roche. ministerial taskforce on drugs? The country is On the same date, the Government appointed now facing a serious problem in this area. Deputy Deputy Kitt to be Government Chief Whip and Rabbitte was previously the chairman of a com- Minister of State at the Departments of the Taoi- mittee which did very good work. Such a minis- seach and Defence; Deputy Fahey to be Minister terial taskforce is needed again. of State at the Department of Justice, Equality Does the Taoiseach not feel somewhat uneasy and Law Reform; Deputy Gallagher to be Mini- about the fact that he has a senior Minister in the ster of State at the Department of Communi- Department of Justice, Equality and Law Reform cations, Marine and Natural Resources; Deputy who admitted that he does not know what is hap- Browne to be Minister of State at the Depart- pening in terms of penalty points and speeding ment of Agriculture and Food; Deputy Callely to cameras? He was unaware that half the cameras be Minister of State at the Department of Trans- were not working and that many of the pictures port; Deputy Treacy to be Minister of State at could not be used. the Departments of the Taoiseach and Foreign Affairs; Deputy Sea´n Power to be Minister of An Ceann Comhairle: The Deputy’s second State at the Department of Health and Children; question does not arise on the Order of Business. Deputy Batt O’Keeffe to be Minister of State at I will allow the first question. the Department of the Environment, Heritage and Local Government; Deputy Killeen to be Mr. Kenny: Does the Taoiseach not think that, Minister of State at the Department of to put it mildly, it undermines confidence in the Enterprise, Trade and Employment; Deputy Minister for Justice, Equality and Law Reform, Brendan Smith to be Minister of State at the when hundreds of people die on the roads each Department of Agriculture and Food; and year, yet he admits he is unaware of these facts, 645 Order of 30 September 2004. Business 646 which were raised by Deputy Naughten the Mr. Rabbitte: It is a very simple one. other day? The Taoiseach: It is a good question. We can An Ceann Comhairle: The Deputy will have to bring it forward and pass it. find another way of raising that matter. Does Deputy Rabbitte want to come in on the Order Mr. Rabbitte: It is a good question. of Business? The Taoiseach: On the other matter, I do not Mr. Rabbitte: Yes, sir. know if the horse and greyhound regulations have been laid before the House. I will communi- Mr. Durkan: The Taoiseach wants to answer. cate with Deputy Rabbitte about that issue. This revolving fund is examined annually. The regu- The Taoiseach: In reply to Deputy Kenny’s lations were cleared by the Government some first question, the national drugs strategy and the time ago, but I am not certain whether they have entire drugs plan is under the responsibility of the been laid before the House. I will check that for Minister of State, Deputy Noel Ahern—— the Deputy. The scheme for the next year has already been cleared by the Government. Mr. Allen: The brother. Mr. Rabbitte: My understanding is that it takes The Taoiseach: ——but the departmental team a positive vote of the House. I am trying to estab- that deals with this is the committee on social lish what is likely to happen and why we should inclusion, which I chair. There are about five or want to increase betting tax for horseracing from six Ministers on it. It is a cross-departmental com- \200 million to allow up to a facility of \550 mittee, including the Departments of Justice, million. Equality and Law Reform, Education and Sci- ence, and the Environment, Heritage and Local An Ceann Comhairle: That does not arise at Government. That is how the Government has this stage. It will arise when the Bill comes before operated this for the last seven years. the House.

Mr. Rabbitte: In order to get the new parlia- The Taoiseach: I clarified for Deputy Rabbitte mentary year off to a good start I want to assure when it will come before the House. you, a Cheann Comhairle, that if you hear reports that I am taking a quiet drink with the former Mr. Sargent: I wish all the Ministers of State Minister, Deputy Michael Smith, in the Members’ and the new Cabinet members well in their new bar, I do not want you to presume that I am tak- positions. ing sides. Before getting down to the specifics of the When is it proposed to bring the Horse and issues on promised legislation, what is the basis Greyhound Racing Fund Regulation 2004 before for the promised programme of legislation? Some the House? This was on the Order Paper yester- 19 Bills on the Easter list were promised for 2004 day and it provides for an increase in the fund for and are now scheduled for 2005. Nine of these horseracing from \200 million to \550 million. I were originally promised for 2003. Six of the Bills am sure there must be an explanation for it. Per- promised on the Easter list to be published by the haps the Taoiseach can provide that explanation start of the session are still not published. These and tell us when the order will come before the are supposed to be indications in writing of publi- House. cation dates. We do not yet have the Abbotstown Why is it that the Bill to revise the constituency sports centre authority Bill, the veterinary medi- boundaries is not on the list of legislation either cine Bill, the employment permits Bill, the health for this term or this parliamentary year? It is and social care professions regulatory Bill, the promised that it may be published in 2005 but one building societies amendment Bill and the prisons hears several of the Taoiseach’s backbenchers, Bill. Yesterday the citizenship BilI was published. who are likely to be affected, expressing con- In the context of the employment permits Bill, I ditional wonderment about whether it will ever am concerned that those who want to work and be enacted in the lifetime of this Da´il. are in a position to work are frustrated by not being able to do so. Mr. F. McGrath: Dublin North-Central is per- fect. The Taoiseach should leave it as it is. An Ceann Comhairle: We cannot discuss the contents of what might be in the Bill. The Taoiseach: In spite of Deputy Finian McGrath pleading to leave the constituency as it Mr. Sargent: It is important to know what the is, I have said before and will now restate that it Government’s priorities are, whether that legis- will be enacted as is. There has been a practice lation is effectively sidelined, never to be seen, for 25 years of taking the independent com- whether these lists have any meaning and what is mission’s report and enacting the changes. I am the real meaning behind them. not sure why the Bill is not being put forward but I do not read any more into it than that. There The Taoiseach: Most of the Bills referred to by will be no changes to it, I have made that clear. Deputy Sargent are on the list for this session. 647 Order of 30 September 2004. Business 648

[The Taoiseach.] The Taoiseach: The Deputy is correct in saying The exception is the prisons Bill, which is not on the health Bill is very important. We will try to the list for this session. The legislation put for- provide as much time as possible. As the Deputy ward for between now and Christmas are Bills will be aware, it is important to try to pass the the Government hopes to pass in consultation Bill during this session so we can put in place a with the Attorney General and the Parliamentary number of procedures on 1 January 2005. I have Counsel. The Departments hope to present those noted and the Ta´naiste has heard what the Bills. The House is passing more legislation that Deputy said about adequate time to debate the it ever did. Each year this increases. There is only legislation. a certain amount of parliamentary time. It is an indicative list, but we hope the Bills listed for this An Ceann Comhairle: I call Deputy Joe session will be dealt with in the session. Higgins.

Mr. Sargent: Has the Taoiseach not learned not Mr. J. Breen: On a point of order, a Cheann to make promises he cannot keep? Comhairle, will you explain to the House the order in which you call Deputies who indicate Mr. Hogan: When is the safety, health and wel- that they wish to contribute on the Order of Busi- fare at work Bill likely to be introduced in the ness? Two Deputies on the backbenches have House? been indicating that they wish to speak before people on the front benches but they have not been called. Will you explain to the House how The Taoiseach: The Bill is already published. It you call people on the Order of Business? Are is ordered for Second Stage and I am sure the you trying to suppress the minority vote in this Whips will shortly bring it forward. House?

Mr. Hogan: It is not on the priority list. An Ceann Comhairle: If the Deputy will resume his seat, I will explain to him quite simply The Taoiseach: It is already published. how I call people.

Mr. Hogan: I am aware of that. When will it Mr. J. Breen: There is plenty room for come before the House? people——

The Taoiseach: It is a matter for the Whips but An Ceann Comhairle: The Deputy must it is ready to come before the House. resume his seat and he will be called in due course. Ms McManus: With the abolition of the health boards, there is practically no accountability or (Interruptions). possibility of scrutiny in the health service. Given that a major health Bill will come before the An Ceann Comhairle: The Chair calls the House, will the Taoiseach guarantee that a suf- leaders of the parties—— ficient period will be allowed between its publi- cation and the debate in this House, so both the Mr. J. Breen: Surely the Ceann Comhairle public and the public representatives will have an should explain how he calls people who indicate. opportunity to debate fully the implications of the Bill? The Hanly report required the closure of An Ceann Comhairle: The Chair was in the many accident and emergency departments process of explaining the procedure to the throughout the country. That was Government Deputy when he continued to interrupt. Quite policy, even though at the last election it simply, the Chair calls the leaders of the parties appeared to be changed. in proportion to their size. The Chair calls in rotation someone from the Fine Gael Party, the Labour Party, the smaller parties and the Inde- An Ceann Comhairle: The Deputy should put pendents. It is quite simple and it has been the a question on legislation. same for the last seven years. On the basis of pro- portionality, the Chair is obliged to call more Ms McManus: Given that there is a new Mini- speakers from the larger parties than from the ster for Health and Children, what is Government Independents. Sorry about that, Deputy Breen. I policy on the Hanly report? call Deputy Joe Higgins.

An Ceann Comhairle: Sorry, Deputy, as you Mr. J. Breen: You will not get rid of Indepen- quite rightly addressed your question to the Mini- dent Deputies. We will let the electorate decide ster for Health and Children, I suggest you sub- that, not the Chair. mit a question to the Minister for Health and Children. An Ceann Comhairle: The Deputy’s turn will come. I will refuse no one. Ms McManus: I am entitled to ask about the Hanly report. (Interruptions). 649 Order of 30 September 2004. Business 650

Mr. J. Higgins: The Taoiseach promised me The Taoiseach: The Bill has already been pub- across the floor of the Da´il before the summer lished. It is already before the House. recess that there would be no decision on the management proposal to privatise Aer Lingus Mr. Allen: No, it did not come to the House. until the Cabinet sub-committee set up to exam- ine the issue reported to the Da´il and there was The Taoiseach: It is published. an opportunity to discuss it. When will the com- mittee report and when will the Da´il have an Mr. Allen: When will it be taken? opportunity to discuss the matter? The Taoiseach: It is ready to come before the An Ceann Comhairle: I suggest that the House. Deputy submits his question to the appropriate Mr. M. Higgins: In order to be of assistance, Minister. perhaps the Taoiseach might like to clarify section C of the list of proposed legislation. There Mr. J. Higgins: This was Taoiseach’s business. are no less than 70 pieces of legislation listed, the In fairness, I think I am quite in order. For a heads of which have yet to be approved by nation whose people are dispersed to the four Government. In some cases, the heads have been corners of the world—— prepared but have not yet come before Govern- ment. There is no year in which 70 pieces of legis- An Ceann Comhairle: That does not arise on lation have gone past that particular point. What the Order of Business. is the point of section C? My point, which I make to be of assistance, is that all are listed for publi- Mr. J. Higgins: ——is the Taoiseach satisfied cation during 2005. Perhaps three are suggested that the national airline should be ceasing to for early 2005. This means that between 65 and return human remains? 68 are in some type of miasma of time which means, in reality, that they will not appear at all. An Ceann Comhairle: There are other ways in I want to inquire about a specific consequence which the Deputy can raise the matter. of this. Other legislation has been dropped off entirely, including the Higher Education Auth- Mr. J. Higgins: It is in order under Standing ority Bill, about which it is stated Orders to have an answer on the debate promised 11 o’clock that no date can be suggested for its by the Taoiseach. publication. However, at the same time, the Government has commissioned the The Taoiseach: There has been no decision to OECD to speed up the destruction of the univer- privatise, sell or change regarding the issue raised sity sector and other third-level institutes that by the Deputy. I said that any legislation in this might be interested in broad education. A simple regard will be brought before the House, but Directive No. 57, which would have given rights there is no decision to do any of these things. to workers, which is to transpose Directive No. 203/72, the European co-operative society Bill, Mr. J. Higgins: What about the refusal to carry will not come before us until 2006. Is this the type human remains? of behaviour of a reforming, re-invigorated, reincarnated Government? What about the Taoi- Mr. Gogarty: Will the Taoiseach give a date for seach’s own instructions? Perhaps he might work a Bill which appears to be on the Order Paper as on the legislative programme and make a shorter long as I have been a Deputy concerning the list of what is likely to come before us. register for persons who are considered unsafe to The Taoiseach: I thank Deputy Michael work with children? This urgent legislation has Higgins for his advice but this is precisely what been dragging on for a long time. the Government has done. It has put forward a shorter list of what it hopes to do between now The Taoiseach: I have no fixed date on the and Christmas. In the legislative process, which legislation. A cross-departmental working group Deputy Higgins understands although perhaps was established by the Department of Justice, not everybody does, the period from when a Bill Equality and Law Reform to consider proposals is initiated or first examined until it is finally for reform of vetting of employees by the Garda. enacted in this House is sometimes very short, The final meeting of the group has taken place sometimes within a Da´il session. and a report is being presented to the Garda Commissioner and the Minister for Justice, Mr. M. Higgins: It depends on who is block- Equality and Law Reform, who are now con- ing it. sidering its publication. Its publication is depen- dent on the working group’s recommendations. The Taoiseach: No, it depends on the urgency. Other Bills are debated at some length, others Mr. Allen: Last session the water services Bill have different degrees of priority. I remember was earmarked for priority. However, it does not bringing many Bills before this House which took appear to be included for this session. a long time to process. I brought in the Trade 651 Order of 30 September 2004. Business 652

[The Taoiseach.] what specific functions are being assigned to Union Act in 1990, the development process of them. Specifically with regard to housing policy is which began in 1958 and which I had the pleasure it intended that the Minister of State, Deputy of completing. Noel Ahern, will retain responsibility for it? Will the Minister for the Environment, Heritage and Mr. Rabbitte: I remember it well. Local Government, Deputy Roche, when he comes to make his delegation of functions order, The Taoiseach: I brought in the amendments have discretion in the reallocation of that to the Truck Acts that were there since 1851 but responsibility? which nobody had got around to changing until I did so in 1989. It is not a new or unusual feature The Taoiseach: The delegation orders and of the House, therefore. assignment of responsibilities will take place at Tuesday’s Cabinet meeting. Mr. M. Higgins: They must have been long-dis- tance trucks. Mr. J. Breen: The All-Party Committee on the Constitution sat through most of the summer The Taoiseach: With regard to the Higher Edu- recess in 2003, taking submissions from the gen- cation Authority Bill referred to by Deputy eral public with regard to property rights. Now Higgins, the date has been set because the that the committee’s report has been submitted Government set up an OECD group over the last to the Government, is it the Taoiseach’s intention year, involving participation by all the presidents to implement it or must legislation be brought and staffs of the universities, to review the higher before the House to facilitate its implementation? education sector. The group has recently reported It is important that the committee should now and it made sense to await that high-level report, have a decision as to whether its submission has which involved the entire third-level sector, been accepted by the Government and if it will before introducing a Bill which would have been be implemented. out of date. Perhaps the Taoiseach might ask the Ta´naiste and Minister for Health and Children, Ms Mr. M. Higgins: It did not involve the entire Harney, why I was left waiting 17 hours for an third-level sector. anti-biotic in a hospital in the west.

The Taoiseach: The Bill is now being reviewed An Ceann Comhairle: This issue does not arise on that basis. That is the logic with which I am on the Order of Business. Deputy Breen can sub- sure Deputy Higgins will agree. mit a question to the Minister for Health and Children. Mr. G. Mitchell: In view of the extremely worrying derailment of the Luas so soon into its The Taoiseach: I shall check with the Depart- life on the streets of Dublin, I ask the Taoiseach, ment regarding the first issue raised by Deputy either by way of a statement or by bringing for- Breen. The Deputy is basing his question on a ward legislation on health and safety at work, to report that was presented. If he submits a ques- give the House some early opportunity to discuss tion to the Minister, he will receive a reply on the this and to hear what independent assessment of action that is to be taken. the safety of the Luas is in place. Mr. Rabbitte: Perhaps Ms Harney could An Ceann Comhairle: This matter does not administer some anti-biotics. arise on the Order of Business. Mr. Durkan: Given the earlier references to the The Taoiseach: The Bill is about to come Bills under section C of the list of proposed legis- before the House. lation, when is the broadcasting authority Bill expected to be progressed or will it be conditional Mr. G. Mitchell: This is a grave matter of on No. 37, which is a continental shelf Bill? What traffic safety. priority rating will be given to the Bills? Perhaps the continental shelf Bill is indicative of where The Taoiseach: It would help if motorists did some of the other Bills might go. not enter yellow boxes in which they should not be in the first place. The Taoiseach: On the continental shelf Bill, which is to update and consolidate the Act of Mr. G. Mitchell: How can something be 1968, because of their strategic importance, the derailed? three main Continental Shelf Acts of 1968-1995 are being reviewed. The Acts do not provide for Mr. Rabbitte: That is what the Minister, charging fees and rentals for pipelines and com- Deputy Brennan, is asking. mercial activity generally. The heads of the Bill are expected towards the end of this year and Mr. Gilmore: It is not clear from the Taoi- legislation will hopefully be drafted in 2005. seach’s statement to the House this morning regarding the appointment of Ministers of State Mr. Durkan: What about the broadcasting Bill? 653 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 654

The Taoiseach: The heads of the broadcasting An Ceann Comhairle: Of course it is and that Bill are expected towards the end of this year and is why the Deputy should submit a question. the legislation is expected by next year. Its pur- pose is to establish a broadcasting authority of Mr. Broughan: Please allow me finish and ask Ireland and to amend the RTE provisions. the Taoiseach about the An Post pensioners. We got Sustaining Progress awards, other groups of Mr. Sherlock: I ask the Taoiseach at the start workers and pensioners got —— of this session whether any progress has been made by the Government in the matter of ground An Ceann Comhairle: That does not arise. If rents. This has been an issue for a long time and the Deputy resumes his seat, the Taoiseach will action has been promised for approximately answer his first question but if not, we will move eight years. on to Private Members’ Business. I have one other question. Health boards have been abolished, they are not in existence and are Mr. Broughan: It is outrageous that the An not meeting. Yet, when decisions are made or Post pensioners have been dragged into the dis- actions taken, they are being described publicly pute between management in An Post. as emanating from the health boards. The Taoiseach: The Postal (Miscellaneous An Ceann Comhairle: This matter does not Provisions) Bill has been published for some time arise on the Order of Business. I suggest that and is ordered for Second Stage. I will communi- Deputy Sherlock submit a question to the Mini- cate with the Minister to find out when the legis- ster for Health and Children. lation will come before the House.

Mr. Sherlock: In the matter of legislation, is it Private Members’ Business. legally correct to call such decisions health board decisions or are they executive decisions? Enforcement of Court Orders Bill 2004: Second Mr. Rabbitte: We are dealing with virtual Stage (Resumed). health boards. Question again proposed: “That the Bill be An Ceann Comhairle: Deputy Sherlock’s first now read a Second Time.” question is in order. Mr. Ardagh: I wish to share my time with Deputy O’Donovan. The Taoiseach: There has been some progress on the ground rents legislation. An Ceann Comhairle: Is that agreed? Agreed.

Mr. Morgan: One of the implementation Mr. Ardagh: I welcome the opportunity given bodies established under the Good Friday Agree- to us by Deputy Jim O’Keeffe’s Bill to discuss the ment, the Loughs Agency, has been unable to important issues relating to enforcement of debts function because there is no legislation in place. and fines. I would particularly like to address the What is the delay in bringing forward that issue of fines but, ironically, despite the stated enabling legislation and when are we likely to see intention of Fine Gael that the Bill should deal it before the House? with fines, its provisions are so flawed that they do not do so and in effect the Bill is confined to The Taoiseach: There are some difficulties with civil debt. that implementation body. It has done some This basic flaw is not unrelated to the major work. I am not sure if full legislation in this House flaw running through the Bill, that it is hastily is required but I will communicate with Deputy conceived. In its blunt and unrefined form it has Morgan on the matter. the capacity not just to fail to achieve what it sets out to achieve but in effect it could cause serious Mr. Broughan: When will we have the Postal disruption of the workings of the courts and could (Miscellaneous Provisions) Bill? It is one of about serve to undermine the entire fines system. 40 Bills which the new Minister for Foreign It was on this basis that in 1999 an almost ident- Affairs has left behind in the Department of ical Fine Gael Bill was rejected by the Govern- Communications, Marine and Natural Resources ment. It is unfortunate that none of the flaws in various stages of disarray. Is the Taoiseach identified by the then Minister for Justice, concerned that the pensioners of An Post have Equality and Law Reform, Deputy O’Donoghue, been waiting almost a year for their due increases were taken note of and remedied before under Sustaining Progress? presenting the 2004 version of the Bill. Govern- ment is not just about presenting token, super- An Ceann Comhairle: That does not arise on ficially attractive legislation. The Minister for the Order of Business. Justice, Equality and Law Reform has to live in the real world and has to live up to his ministerial Mr. Broughan: It is an important issue. responsibility and introduce only those measures 655 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 656

[Mr. Ardagh.] Mr. J. O’Keeffe: The Government wants to put which have a real chance of working and solving them in jail and keep them there. problems which emerge. The Minister has been keenly interested in the Mr. Ardagh: Only a very small number do not problems presented by the system for imposing pay fines or debts on a point of principle. The and collecting fines. From information available idea of a payment process by instalments as an in other jurisdictions it would appear that such alternative to prison was broadly attractive. problems are not limited to Ireland, but can be However, this may be of little real use in the light found in many jurisdictions. It seems that despite of the financial circumstances of those involved, the various approaches to solving the problems, which in turn highlights the need for a more effec- there is no evidence of the existence of a perfect tive means assessment before the fine is imposed. model of success. This is simply because complex Similarly, in the absence of an employer for the issues are involved and it is essential therefore majority of the persons surveyed, an attachment that reform is tailored to meeting the problems of earnings arrangement would not be a real sol- which exist and to finding solutions which are ution. It was considered that an attachment of fair, effective and efficient. social welfare benefits would be problematic, Nevertheless, the Minister is concerned that particularly for people living in or close to the poverty line. every effort should be made to improve the fines system and, in particular, that the system should Mr. J. O’Keeffe: Put them in jail instead. That operate so as to use prison only as a last resort. is the Government solution. Accordingly, he has been conducting an ongoing review of the fines system. In that respect, he has Mr. Ardagh: The Minister is putting forward a had available to him a number of important fines Bill which will address the issue of the reports relating to the subject of fines. In general assessment of the individual’s financial capability terms, a summary of the recommendations on to pay a fine. That step is being brought forward. fines from these reports is that there should be improved means assessment by the courts to Mr. J. O’Keeffe: That is what the former Mini- ensure fines imposed are within the means of the ster for Justice, Equality and Law Reform, offenders to pay them; a facility to allow Deputy O’Donoghue, said. We are still waiting offenders to pay fines by instalment; and a means and people are still going to jail. of enforcing fines other than by way of imprisonment. Mr. Ardagh: It is vitally important in the The Minister for Justice, Equality and Law interest of fairness to these people and in the Reform agrees largely with these conclusions. He interest of efficiency in the system that fines are has already indicated that he intends to bring for- set at an affordable level. However, the Fine Gael ward legislative proposals to reflect these recom- Bill, focused as it is on procedures, omits the mendations. He is doing this in a phased way inclusion of such a provision to ensure basic fair- because he believes that it is necessary to assess ness to the less well-off in our society. and evaluate how different developments affect the overall system. As a first step he intends to Mr. J. O’Keeffe: The Government’s fairness bring a fines Bill to Government shortly. for the less well-off is to put them in jail. Although this Bill is primarily intended to update existing fines and provide a mechanism for Mr. Ardagh: The Minister, on the other hand, indexation, he is also including in it proposals to has said that he will provide for such assessment in the forthcoming fines Bill. Importantly, that strengthen the criteria to be used by the courts in Bill will also include provisions for the payment assessing the means of the offenders before of fines by instalment. In that regard, it is the imposing fines. This provision is fundamental intention that such a payment arrangement will because most offenders who do not pay fines only be available to those who genuinely need it have financial difficulties. This was highlighted by having regard to their financial circumstances and the Nexus research co-operative report com- the amount of the fine imposed. Bearing in mind missioned by the Department of Justice, Equality that there are over 110,000 fines imposed in the and Law Reform entitled Imprisonment for Fine District Court annually, if every such fine could Default and Civil Debt and published in 2002. attract an instalment order, serious administrative The report examined some of the key issues, such problems could arise for the Courts Service, as as why people ended up in prison in regard to Deputy Jim O’Keeffe is well aware. I agree that non-payment of fines or debts. It was based on those who can afford to pay the fine in one interviews and the personal, circumstances, amount should have to do so. However, I do not opinions and experiences of a sample of 24 consider, as the Deputy’s Bill proposes, that such imprisoned persons. a facility, which will use valuable court resources, The Nexus report found that persons should be available to the more affluent. imprisoned did not, for the most part, have the The second stage of the Minister’s legislative capacity to pay the fines imposed, which had to approach will involve the proposed enforcement be paid in full. Most of the persons interviewed of fines Bill which is also on the Government’s were not in permanent employment. legislative programme. The stated aim of this Bill 657 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 658 is to end imprisonment as far as practicable for heavy fine. However, it cannot be used as a blunt non-payment of fines and to provide for new instrument. For instance, the Department’s own ways to enforce fines. The Minister is actively research project concluded that fine defaulters considering a range of alternative measures, but tend to be unemployed or not in the labour force. he will only introduce such measures when he is An attachment of earnings mechanism would be satisfied that they will improve the efficiency and useless in these circumstances while attaching fairness of the system. welfare payments raises serious questions about whether such attachment provisions could push Mr. J. O’Keeffe: In the meantime they should vulnerable people over the poverty line. Given continue to be put in jail. that my constituency, Dublin South Central, is the economically and socially most deprived in Mr. Ardagh: The Minister must be satisfied the State, I will not support this provision. regarding the practicality of proposals he intro- duces. For example, a significant range of alterna- Mr. J. O’Keeffe: The Deputy’s alternative is to tive enforcement options is available to the courts maintain the current policy and continue to put in the UK yet they are little used. The most work- people in jail. What does the Deputy want? able solutions in that jurisdiction are the facility to pay fines by instalment and extended time to Mr. Ardagh: The problems associated with the pay. Such findings have served to strengthen the Bill could cause not only administrative head- Minister’s view that the primary focus should be aches but also result in unfairness to the less for- on doing all that can be done to help people to tunate among us. It is for this reason the Govern- pay rather than placing an unduly strong empha- ment must reject the Bill. sis on enforcement, particularly as such measures may have harsh consequences. Mr. J. O’Keeffe: This is incredible. The alternative enforcement measures pro- posed in the legislation will not necessarily create Mr. Ardagh: However, the Minister will pro- a fairer or more enabling system for the offender. vide practical solutions regarding fines in the forthcoming fines Bill and enforcement of fines Mr. J. O’Keeffe: It will keep them out of jail, Bill. He will take note of the contributions by which is where the Deputy wishes to put them. Members and the good suggestions in Deputy O’ Keeffe’s Bill in doing so. Mr. Ardagh: The Deputy’s proposal relates to procedures. The introduction of attachment of earnings and attachment of social welfare contri- Mr. O’Donovan: I thank Deputy Ardagh for butions without first making available a fairer sharing time. I congratulate my constituency col- procedure for imposition of the fine and its col- league, Deputy Jim O’Keeffe, on introducing the lection raises serious questions. While the Mini- Bill. It is important to focus on an issue, which ster acknowledges there are workable alterna- may have been neglected for some time. While I tives to imprisonment, his primary focus is on do not fully support the legislation, what he is introducing measures that will help the person to trying to achieve is a worthy cause. It takes great pay the fine. courage for an Opposition Member to go to the The Minister’s intention is then to build on the trouble of submitting a Private Members’ Bill. measures proposed in the fines Bill. This will pro- The debate gives us an opportunity to discuss vide for a more accurate assessment of what other important issues relating to the non-payment of measures are required and will permit him to take fines or debts. I refer, in particular, to civil debt. into account the impact of the proposals con- Despite the best intentions of Deputy Jim tained in that Bill. It will also provide for con- O’Keeffe, due to a flaw in drafting, the Bill is sideration to be given to the effect of other devel- confined to civil debt. It does not effectively deal opments, for example, the impact of the with the issue of fines and what new approaches increasing number of road traffic offences where might be taken in this regard. The Minister for a fixed payment and or penalty points is involved. Justice, Equality and Law Reform has maintained This emphasises the importance of ensuring that it is not the primary function of his Depart- improvement measures take account of all ment or the Courts Service to take on the role of dimensions of the operation of the fines system. operating a debt management service for people I refer to the enforcement provisions. Section who find themselves, for whatever reason, in 14 provides for attachment orders on amounts arrears to banks and finance houses. payable as income support. The Minister is not All Members will agree more effort and completely ruling out this option but it must be resources should be concentrated on the work of approached with the greatest caution. the Money Advice and Budgeting Service. This body has a critical role to play in helping people Mr. J. O’Keeffe: I agree. to address the problems of over-indebtedness, which usually result from bad management, panic Mr. Ardagh: It may well be that attachment of attacks and so on. The MABS approach, based earnings has a role in regard to the wealthy on the willingness of the debtor to manage his or offender or the offender who decides it would be her case and to seek expert advice, is the best way cheaper to spend a few days in jail than pay a forward. This offers much better prospects of a 659 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 660

[Mr. O’Donovan.] be used. There should also be a maximum successful resolution of the credit problem. The number of instalments and a set time to complete service maintains a special relationship with the the exercise. Should a person default on a pay- credit unions, which is important. However, ment within the process, a separate default pro- MABS gives practical finance and budgeting cedure should be provided. These are only a few advice and practical assistance in helping to of the issues that require full consideration in engage with creditors but it does not pay debts. bringing forward workable legislation. The key features of MABS are the resources, Similar procedural issues arise involving the contacts and expertise of all relevant people in an attachment of earnings provisions contained in area who co-operate to provide a special service the Bill. While it is proposed that creditors are to for people who require help and advice in work- seek such orders, it is not clear in all cases who ing their way out of serious debt. The Govern- exactly the creditor will be. For example, in the ment makes a significant financial commitment to case of the large number of fines payable to the MABS — \11.4 million in 2004. This allows it to Exchequer, who would appear before the court help more than 12,000 new clients annually. This to request the order? number highlights the serious difficulties faced. I There are other concerns which come to mind. encourage the new Minister for Social and Family Section 4(2) seeks to provide that an attachment Affairs to continue to provide generously for of earnings order should be directed at an this service. employer in which case it is possible that the This voluntary approach, through MABS, employment of some people would be jeopard- offers a better way of achieving a result accept- ised by the Bill. Compliance with an attachment able to both creditor and debtor. Financial insti- of earnings order would involve a significant level tutions prefer such voluntary alternative of bureaucracy for employers to deal with what approaches, most likely because they have a bet- in many cases would be minimal amounts. Many ter chance of recovering their money. However, employers would be caused to think twice before it is often difficult to persuade persons in debt to employing people from particular backgrounds. engage in any process — they bury their heads in As an employer would be liable to imprisonment the sand — whether it involves voluntary for a term not exceeding six months if he or she mediation or court proceedings, until it is too late. failed to comply with the Bill, an attachment of We have all encountered such people at our clin- earnings order might be good reason for many ics seeking advice. employers to consider the continuation of a per- I am not sure the Courts Service, which has its son’s employment, especially where that person’s own different and important functions to carry position was temporary. According to the Bill’s out, should adopt a new role in managing a debt provisions, an employer would be given ten days collection and recovery process for thousands of to comply with an attachment of earnings order. people imposed on it, as proposed in the legis- Even the Revenue Commissioners provide more lation. If a judgment is made in a civil debt, the time typically allowing a minimum of 20 days and person can go before the District Court, file a in some cases in excess of a month. statement of means and the judge can decide The problems associated with the Bill could what repayment can be afforded. It is only when cause not just administrative headaches but also that person refuses to pay, thereby disobeying the real unfairness to the less fortunate. By contrast, court order, that an order to be committed can the Minister for Justice. Equality and Law be sought and granted. That threat is usually Reform will provide practical solutions in the enough to make most people pay. Most District forthcoming fines Bill through provisions to Court and Circuit Court judges do not normally strengthen means assessment and payment of commit people where it is blatantly obvious fines by instalment. He will also bring forward someone cannot afford to pay a fine or debt. If further sensible proposals on the enforcement of that sanction is abolished, people may not pay fines in the enforcement of fines Bill. I have no at all. doubt that in doing so he will note the contri- A number of the technical flaws in this Bill butions of Members and in particular some of the were mentioned last night by the Minister of solid provisions outlined in Deputy Jim State at the Department of Finance, Deputy O’Keeffe’s Bill. While the Deputy’s Bill may not Parlon, and Deputy Charlie O’Connor. By redis- be entirely to our liking, certain aspects of it tributing the problem in the way set out by deserve the Minister’s close attention. Deputy Jim O’Keeffe, we run the risk of making The use of prison is, of course, undesirable and the burden even more acute regarding how such incarceration has significant social consequences. offenders are addressed. This highlights that we However, while it provides an effective deterrent, must be extremely careful about how we prison should not be used as an automatic sanc- approach changes to court procedures. tion for every crime. Much as the Opposition Everybody agrees that a system of payment by wishes to claim otherwise, the figures for the use instalments should be introduced. However, this of prison to sanction non-payment of fines and must be achieved in a planned way using well debts are exaggerated. Last night, we heard that defined procedures. For instance, it is essential there were only 37 persons so imprisoned. No that there should be a minimum threshold for a person should have to go to prison for the non- fine below which payment by instalment cannot payment of a fine if it can be established to the 661 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 662 satisfaction of the court that he or she genuinely of the fines system is to reduce the level of cannot afford to pay. offences committed. Second, it is clear that to I welcome the real proposals outlined in the achieve good enforcement, we must first ensure Government’s legislative programme. The Mini- that we have a system in place which provides ster for Justice, Equality and Law Reform will for appropriate fines to be imposed, structured introduce two new Bills to deal with fines issues. support for paying fines and improved enforce- I acknowledge the enormous efforts made by the ment mechanisms. The Minister of State has out- Minister for Justice, Equality and Law Reform lined in detail developments which I do not and his predecessor on the prison building and intend to restate now in the areas of clamping, modernisation programme. Under the rainbow penalty points, the fixed charge processing sys- coalition, we had a disastrous policy of revolving- tem, measures taken by the Courts Service to door prisons for criminals, but those doors are reduce delays in dealing with cases and issuing revolving no longer. warrants and the introduction of information While Deputy Jim O’Keeffe’s Bill contains technology systems in the courts and other agen- many salient provisions, I oppose it for a number cies to improve current systems. of reasons. However, I urge the Minister to take Further initiatives are being introduced such as into account some of the very solid proposals the measures in the proposed fines Bill which will Deputy Jim O’Keeffe has expounded. include proposals to strengthen the criteria to be used by the courts in assessing the means of Mr. Kirk: While I commend Deputy Jim offenders before imposing fines. The Bill will also O’Keeffe on introducing this Bill, as the Minister include provisions for the payment of fines by of State stated yesterday evening, the Govern- instalment for those who genuinely need such a ment cannot support it. The Bill is very similar to facility in the context of their financial circum- the Private Members’ Bill proposed in 1998 by stances. In terms of strengthening means assess- then Deputy Jim Higgins and rejected by the ment, this is an extremely important provision. Government on the basis that its proposals could It is vital from the perspectives of fairness and undermine the existing system for the payment of efficiency that fines, while of course reflecting the fines, result in significant administrative costs and seriousness of the offence, are also set at an create an excessive administrative burden while affordable level. having little or no effect on the prison population. We must be realistic. Many offenders who do While similar problems and issues arise in the Bill not pay fines are experiencing financial difficult- before us today, this debate has been extremely ies. This realisation constitutes a fundamental useful in giving all of us an opportunity to con- omission from the Fine Gael Bill which fails to sider and discuss the issues raised. I am sure provide for provisions to strengthen means regard will be given to the valuable and important assessment. This observation is borne out by the points made during this debate when future fact that the Nexus research co-operative report measures in this area are being formulated. commissioned by the Department concluded that Since the 1999 debate on this issue much offenders for fine default tend to be unemployed important work has been carried out on fines. or not in the labour force. The provision of other The Government cannot be accused of inaction. measures such as attachment of earnings and Yesterday, the Minister of State outlined to the even arrangements to pay by instalment are of House the various reports which have recom- little use if a fine has not been set at a level that mended the introduction of improved means the person in question can afford. While the Fine assessment by the courts to ensure fines imposed Gael Bill makes provision for payment by instal- are within the means of offenders to pay, the ment, it does so impractically by proposing that introduction of a facility to allow offenders to pay such a facility should be available to all offenders fines by instalment and the implementation of regardless of their circumstances. As the intro- enforcement methods other than imprisonment. duction of instalment arrangements will increase Clearly, proposals by the Minister for Justice, the administrative work of the courts, it would be Equality and Law Reform to introduce enhanced a waste of resources to allow those who can easily means assessment and payment by instalment in afford to pay a fine in the normal way to avail of the fines Bill represent the first stage in address- such an arrangement. ing these issues. The Minister of State pointed out that it is The 2000 report of the Comptroller and Audi- intended to adopt an incremental approach to tor General and the report of the high level inter- this issue. It is interesting to note that while in departmental group have also been key in for- the United Kingdom there is a wide range of ming a basis for consideration and action. The alternative enforcement options available to the high level group, which was formed on foot of the courts, they are not extensively used. The options Comptroller and Auditor General’s report, sub- which work best are the facility to pay by instal- mitted a detailed report and recommendations to ment and the provision of extended time in which the Committee of Public Accounts in November to pay. Clearly, this is a lesson from which we can 2001. The report was considered briefly by the learn. The United Kingdom example reinforces committee in November 2002. the approach being taken by the Minister for There are two key points which I consider it Justice, Equality and Law Reform. Throwing a worthwhile to restate. First, the overall objective range of solutions at an issue without first 663 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 664

[Mr. Kirk.] Government will be of benefit in this regard. Of assessing the impact of individual measures is not particular relevance will be the proposals to always effective. Where this happens, it is cer- ensure that fines imposed, while taking into tainly not efficient. The introduction of the spec- account the seriousness of the offence, will be set ific measures proposed in the fines Bill will allow at a level that reflects the financial circumstances the Minister, in developing proposals for the of the person and that payment of fines by instal- enforcement of fines Bill, to take into account the ment will be available for those who require it. impact developments such as relating the amount A mechanism for payment of debts by instal- of a fine to a person’s means, the facility for pay- ment already exists and the court goes through ment by instalment and the increasing number of extensive procedures before making an instal- road traffic offences where a fixed payment and- ment order and, if necessary, a committal order. or penalty point is provided, have had on the On the use of community service orders and effectiveness of the fines system. It is important supervision of offenders, it is clear that valuable that the emphasis be on helping people to pay the resources such as the probation and welfare ser- fine rather than on enforcement procedures. vice should be carefully targeted where they are The issue of attachment of earnings as pro- most effective and should deal with more posed in the Fine Gael Bill requires careful con- serious offenders. sideration. The proposal is particularly lacking in The problems brought about by debt are ones that it does not take into account factors such as of which I am sure many Deputies are keenly to whom and in what circumstances attachment aware in dealing with their constituents. Our should apply. While it may prove to be a suitable society has developed in such a way that credit is mechanism for better off offenders or for those widely available but, unfortunately, some in our who choose not to pay a fine it may be of little communities experience difficulties by over or no benefit to those on low incomes. Attach- extending their borrowing arrangements and mis- ment of social welfare payments raises serious managing their financial situations. questions for those sections of our community who may already be living near the poverty line. Mr. Gregory: I wish to share time with Various issues have been raised in this debate Deputies James Breen, Healy, Cuffe and O´ regarding committal to prison for non-payment of Sno´ daigh. fines and debts, including whether it is appropri- ate that persons who do not pay their fines or An Leas-Cheann Comhairle: Is that agreed? debts are committed to prison and the effect on Agreed. spaces available within the prisons. It is important we are realistic in considering this issue. As Mr. Gregory: I can claim a little expertise on pointed out yesterday by the Minister of State the this issue as I was jailed in Mountjoy Prison for number of people in custody for non-payment of failure to pay a fine. However, in my case I had fines or debts tends to be in the region of 1.2% of refused to pay a fine as a protest in solidarity with the prison population because sentences for such women street traders who were being driven off offences are generally short. In addition, some the streets of Dublin and prevented from earning defaulters make payment either on committal or a living selling apples and flowers as generations shortly afterwards. Even if the Bill had the effect of their families had done. Big business, the that no fine or debt defaulter took up prison Garda and the courts had combined to break the places in future, which is unlikely, the result in will of these impoverished women and when all terms of prison places would be so minor as to be else had failed large fines of £400 and £500 were of no significance. Also, as many defaulters are imposed on them, fines that accumulated leaving held in open prisons there is no guarantee there them unable to pay. They were then taken to would be suitable prisoners in closed institutions Mountjoy Prison to serve terms of imprisonment. who could be transferred to take up these places When in Mountjoy Prison I was amazed at the should they become available. number of prisoners there for non-payment of Although fine and debt defaulters represent fines. It seemed to everyone that this was incred- only a tiny fraction of the prison population at ibly unjust. While the revolving door was in full any given time, the numbers committed places a swing at the time the only prisoners who seemed heavy administrative burden on prisons. To place not to benefit from it were those judged to be in that burden on the Courts Service and the Garda, contempt of court because of their inability to pay as the Bill appears to do, would not be the sol- fines. I am well aware that the system has ution. While imprisonment should be a sanction changed but the principle remains the same. That of last resort and while it is clear that issues such is why I have some sympathy for the spirit of the as those raised in the Bill need to be addressed, Fine Gael Bill before us. However, I wish to to put this measure forward as having substantial respond to the assertion in last night’s debate by positive implications in terms of prison accommo- the Minister of State at the Department of Fin- dation is unsustainable. ance, Deputy Parlon, that the policies of this The Government, like many Deputies, is con- Government have succeeded in reducing crime. I cerned about this type of imprisonment and its reject that claim which is out of touch with reality. undesirability. I am sure Members will agree that On Tuesday evening last, I attended a meeting many of the measures taken and proposed by of approximately 200 residents of the Clonliffe 665 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 666

Road-Tolka Road area of my constituency. There replaced. Where are the 2,000 extra gardaı´ prom- had been a surge in house burglaries during the ised by the Minister for Justice, Equality and Law previous three weeks. The gardaı´ in attendance Reform before the last general election? There is stated they had a list of nine reported break-ins no sign of them. The Minister, however, has done in the area in the past month. The residents a good job. When Michael Flatley retires, the claimed the number of break-ins was more than Taoiseach can take his place because he dances twice that number but that many people failed to to every tune called by the Minister for Justice, report the incident to the Garda because they felt Equality and Law Reform and the Ta´naiste. it was a waste of time. One woman said one would be considered lucky if the Garda called Mr. Healy: We have heard that this Bill is simi- back to take finger prints but would not hear a lar to the 1998 Bill. That may be the case but word more on the matter. The residents wanted there has been very little movement in this area action. At a minimum they wanted regular Garda since then and the assessment of earnings, attach- foot patrols as a deterrent. ment orders, payment by instalments and the use Crime has been on the increase in other parts of community service instead of imprisonment of my constituency in recent weeks. Residents are excellent ideas that should be pursued. along the Royal Canal in Phibsboro are under The Government has suggested that crime lev- siege in their homes at night with gangs of youths els have fallen significantly in recent times. There roaming the canal bank, hurling rocks at windows may have been a reduction in the reporting of and attempting to rob and vandalise cars. Again, crime but that is because many people now the residents want regular Garda patrols. Not far believe that there is little or no point in reporting away a gang drinking on the pedestrian footpath a crime to the gardaı´ when nothing will be done of the Royal Canal bank savagely attacked a about it. Regularly I am told by people that they Lithuanian man and left him near dead. In parts have contacted the gardaı´ about crime and anti- of Cabra, gangs of youths of 12 to 15 years of age social behaviour to find that they either do not are causing problems for residents who say the respond or arrive so late that it is not worth com- Garda are slow to respond. Many people have ing. That is not a criticism of the gardaı´ but of the lost faith in reporting these activities to the number of gardaı´ available. In Clonmel, only Garda. Painting a rosy picture of crime statistics, eight gardaı´ are available at any one time, includ- as the Minister of State did last night, only serves ing those on duty in the station. There is no way to infuriate people all the more. I call on the such a small number of gardaı´ can deal with anti- Minister for Justice, Equality and Law Reform to social behaviour, a problem that exists through- recognise the reality of increasing lawlessness on out the country and that has been caused by a our streets and to take action to deal with it. Government that has created a two tier society. I call on the Minister to ensure additional Garda Mr. J. Breen: I welcome the Bill. I have held resources are put in place, particularly gardaı´ on the view since entering public life 19 years ago the beat, liaison officers and community gardaı´, that imprisonment for non-payment of fines is not to ensure the scourge of anti-social behaviour is right and should be imposed only as a last resort. controlled. I believe hardened criminals should serve their term in prison without remission. Mr. Cuffe: The Green Party welcomes the Bill The imprisonment of approximately 60 people and feels it is a step in the right direction. It is a day for the non-payment of fines is a drain on madness that in the 21st century, citizens of this Garda resources. We must also take into account State are incarcerated for non-payment of fines. the cost to the State of pursuing the matter in If we look back 200 years, there were debtors’ court, dispatching gardaı´ to take the person to prisons in every large town but those prisons prison and of keeping that person in prison. We belong to a bygone age. It does not make sense must put in place facilities that allow people to to incarcerate someone for the non-payment of a pay fines by way of instalment. I know of families fine, to tell someone he is being put in jail for not who have been awaiting court appearances for paying a sum of money. It demeans that whole many years. Often people experiencing severe idea of prison and prison sentencing. It is mad- hardship get involved in petty or serious crime ness that someone who does not pay his television in an effort to make ends meet. People in such licence can end up in Mountjoy. Society must circumstances should not be imprisoned for non- come up with better ways to deal with the non- payment of fines. A person who cannot pay for payment of fines. a television licence through poverty, illness or a We agree wholeheartedly with the broad thrust broken home should not be sent to prison. Over- of this Bill. Much of it would have to be worked crowding in the prison system must be tackled out on Committee Stage but the Government will and the Judiciary should be mindful of this when not give it the chance to reach that Stage. It is handing down sentences. Often it appears to the worth reflecting, however, with the numbers in public that the punishment does not suit the the prison system at an all-time high, that the crime. Taoiseach said yesterday he would be tough on In my constituency a number of gardaı´ are due crime but neglected to use the Tony Blair line to retire this year and the superintendent in the that he would also be tough on the causes of area is concerned that these gardaı´ will not be crime. 667 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 668

[Mr. Cuffe.] chasing down immigrants and their children, hav- After an unprecedented period of change, the ing yesterday published his fourth Bill concerning divisions in Irish society are wider than ever immigration law in two years. before and the State must address those divisions I particularly welcome Fine Gael’s proposal in and ensure people do not end up in prison for the the explanatory memorandum to end the practice non-payment of fines. It must ensure that Fianna of people being sent to jail for failing to pay fines. Fa´il’s dalliance, its fling with Fr. Sea´n Healy, is Whatever this states about a lack of consistency more than that. It should be the start of a long- and coherence in policy orientation between the term relationship rather than an overnight affair former Fine Gael spokesperson on justice, in Inchydoney. I call on the Minister of State to Deputy Deasy, and his successor, the new make a commitment on behalf of Fianna Fa´il to approach taken by Deputy Jim O’Keeffe is social justice rather than flirt with it for a few refreshingly progressive and I welcome it. hours in west Cork. It is not good enough to say We know that imprisonment of fine defaulters that Fianna Fa´il will be tough on crime if it is not is neither economically nor socially cost-effective. determined to address the underlying causes of We also know that sending debtors to prison costs crime and address why people are being us roughly half the amount owed and that, even imprisoned for the non-payment of a fine. after jail time has been served, the debts remain There is provision in section 5 of the Bill that largely unpaid. Therefore, the practice makes no the Minister can make a request in exceptional economic sense. Moreover, the persistence of this circumstances for the sentence to be served if policy and practice is a litmus test of the unjust there are less than six months remaining. Those orientation of our so-called justice system which circumstances must be clarified. It is all very well continues to discriminate against offenders, to mention them but the Bill should detail the particularly those who are poor. circumstances under which the Minister can say Two gratuitous cases in point have been that a sentence must be served. Similarly, under reported in the media since this Minister took section 7, the person arrested must be brought before the High Court as soon as possible. The office in 2002. In one case, Mr. David Gartland, an illiterate unemployed man, was jailed for ten ambiguity there should be clarified, with a defini- \ tion of the timeframe involved. days having failed to pay a 12 dog licence In section 8, a person arrested under a warrant because he could not read the regulations. The must be brought before the High Court as soon second case involved Ms Marie Connolly, a full- as possible and the High Court must remand the time carer for seven children and a disabled part- person in custody pending the production of the ner who was supporting her family on unemploy- Minister’s certificate. The Bill states that if a cer- ment benefit and carer’s allowance. Seven years ago, she failed to pay a television licence and tificate is not produced within 18 days, the person \ must be released. That seems too long a period defaulted on a payment of 160 which would in the 21st century, with the availability of fax have amounted to almost half the family’s weekly machines and e-mail, and it should be changed. income. She was prevented from paying the fine There was confusion about section 4 of the Bill. in instalments and served five days in Mountjoy We are specifically concerned that it allows the Prison. court to grant an attachment of earnings order These are the “dangerous” criminals in respect directing the debtor’s employer to of whom the Taoiseach yesterday endorsed the 12 o’clock periodically deduct specified Minister’s plans to create more prison beds amounts from the employee’s wages instead of the hospital beds which are needed. If at source. We are concerned at the implications we cleared the prisons of these non-dangerous of this section for civil liberties. It sets up a offenders, we would have plenty of room for relationship between a third party and the State those who pose a risk to society. that is not correct and it has massive implications I support this Bill because it is unacceptable for employer-employee relations. It allows the that people who truly cannot afford to pay a debt employer to know the private business of the or fine without hardship have to serve time in individual and he or she could then use the infor- prison rather than the wealthy individuals and mation to manipulate the employee. The MABS corporate tax evaders, corrupt developers, bureau model would be suitable in this regard officials and politicians who deliberately and with because it allows the individual being fined to malice cheated the people out of millions of euro. make provision for that, and perhaps Fine Gael I have a number of questions about this Bill will look at this. and some provisions need to be amended. For We support the Bill and commend Fine Gael example, I am not convinced that those in receipt on bringing it to the House, although we are con- of social welfare payments or on very low wages cerned about section 4. should have their payments garnished by the court. I would like to see community restorative Aengus O´ Snodaigh: I welcome this Bill as a justice principles applied to the provisions in constructive contribution to justice legislation. A sections 4 and 14 to introduce a greater use of similar Bill was promised by the Government but community service orders in place of wage or wel- has been long-fingered by our Minister for injus- fare payment garnishing where a garnish would tice and inequality who is more concerned with cause undue financial hardship taking into 669 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 670 account the specifics of an individual’s cir- The proposals in this Bill will radically change cumstances. the manner in which the courts enforce and col- I am concerned that section 4 should give the lect fines and represent a positive development. court greater guidance on how to determine what Approximately 50% of all fines issued cannot be level of income the individual needs to maintain collected. Statistics in Dublin show that 45% of himself or herself and his or her family as the the fines imposed are never collected. Based on current formulation of a protected earnings rate the 1998 figures, \6.3 million of fines were uncol- is vague and possibly overtly discretionary. The lected which, when added to the \3.7 million per many criticisms to which I and others have annum it costs to jail people for non-payment, referred, in particular Deputy Ardagh’s, could be amounts to an additional \10 million which could dealt with by Committee Stage amendments be invested elsewhere. For example, it could be rather than waiting for the moveable feast which invested in badly needed increased Garda is the raft of Bills referred to in the legislative resources, in funding for people with disabilities programme. or diversion programmes for young offenders. I was elected in 2002 and the fines and enforce- The money would be better spent focusing on those areas rather than in loss of income to the ment of fines Bills were promised for 2003. \ However, in the latest incarnation of the Govern- State and it having to pay 225 per day to keep a ment’s legislative programme for autumn 2004, prisoner in jail for the non-payment of a fine which, in some cases as Deputy O´ Snodaigh the fines Bill is earmarked for 2005 and it is not \ possible to indicate when the enforcement of pointed out, may be as little as 12. It seems a relatively paltry figure compared with the huge fines Bill will be taken. We have an opportunity cost to the Exchequer. now to progress this procedure in order to deal with this issue. We should take the opportunity The Bill provides for the payment of debt or fines by instalment which is a great step forward to give the Bill a Second Reading and deal with because it is not possible at present. It causes the concerns raised on Committee Stage to huge problems for many low income families deliver, I hope, worthwhile legislation. when a fine is imposed. The fine may be small but there is no mechanism to pay it in instal- Mr. Naughten: I wish to share time with ments. The Department of Social and Family Deputy Ring. Affairs is prepared to take repayments by instal- ments. It works well within one Department so I An Leas-Cheann Comhairle: Is that agreed? cannot see why the Department of Justice, Agreed. Equality and Law Reform cannot piggyback on it. It is a balanced proposal which would have Mr. Naughten: I welcome this Bill and compli- positive implications. ment Deputy Jim O’Keeffe on publishing it and It is irresponsible of the Government to oppose moving Second Stage. The principle behind it is the Bill since it has no imminent plans to address to provide an alternative to jail for people who the problem. The previous Private Members’ Bill cannot afford to pay a fine or debt. The two key on this issue was tabled in this House six years elements are to apply attachment of earnings ago and the Government has done nothing since orders so that employers are obliged to deduct to address the problem. All the speakers on the part of employees’ salaries to pay outstanding Government benches have referred to technical fines and the application of attachment of welfare flaws in the Bill. We accept such flaws exist but orders on social welfare payments. Deputy Jim O’Keeffe has made it clear that he is I was amazed at Deputy Ardagh’s claim that prepared to amend the Bill on Committee Stage. the Bill would victimise people in receipt of social The issue is whether the Government is prepared welfare benefits since the Government already to accept the principle of the Bill. It would be a has in place such arrangements for the over- positive development if the Government payment of social welfare benefits. Moreover, it accepted the principle and allowed the Bill to has consistently been a reasonable procedure of progress to Committee Stage since the very pur- the Department of Social and Family Affairs and pose of Committee Stage is to address the techni- most people would agree it has been very fair and cal flaws and other problems which have been balanced. However, when a similar suggestion is highlighted. proposed by Fine Gael, Deputy Ardagh states A number of speakers referred to examples of that it will victimise social welfare recipients crazy situations in regard to imprisonment for when the exact opposite is the case. fines. An example from an area in which I have Under current Government proposals, social a personal interest is the collection of road welfare recipients are victimised in respect of the traffic fines. non-payment of fines because most of them end It is amazing that Ennis Town Council can pur- up in jail. This is the Government’s solution to sue a northern or UK driver across the Border the problem. Up to 1,000 people a year, the and collect a fine for non-payment of a parking majority receiving social welfare, end up in jail ticket in Ennis, yet the Department of Justice, for the non-payment of fines. Therefore, it is dis- Equality and Law Reform cannot pursue some- ingenuous of Deputy Ardagh to make such a one who exceeds the speed limit in this juris- point. diction. This crazy situation in which a town 671 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 672

[Mr. Naughten.] reimbursed by the RPA or Connex for the costs council can pursue fines while the Department it is incurring. Garda resources could be better can not has resulted in Northern Ireland drivers allocated and something must be done. getting away scot-free with road traffic offences The position regarding the computerised pen- south of the Border. In some instances, these dri- alty points system is crazy. The system, which was vers have been involved in fatal road accidents. supposed to be in place on 1 January 2002, will Is it surprising that the Border counties have the not operate until at least the middle of 2005. The highest incidence of road traffic accidents and reason is that the pilot scheme, while finally up fatalities? Nothing seems to have been done and running in the Department of Justice, about the slaughter we witnessed on the roads of Equality and Law Reform, has still not been inte- County Donegal this summer. It is extremely grated with the PULSE system. We appointed frustrating that a town council can pursue a contractors to do a job, for which the Department northern or UK registered driver for a parking specified criteria, yet it is still not tied in with the fine while the Department cannot pursue them PULSE system and will not be in place until mid for a speeding fine. The problem must be 2005. This illustrates the bureaucracy in the addressed. Department and its lack of a proactive approach. The Fine Gael Party proposals present an alter- Gardaı´ across the country are shuffling paper native to prison. Prison should be for convicted, rather than policing the Road Traffic Acts and dangerous criminals who need to be behind bars, ensuring our streets our safe. Instead of having to not those who have not paid a dog or television go out with a bench warrant to take people to licence. Prison places should be freed up, court or jail for the non-payment of fines, a additional places created and resources provided matter addressed in the legislation, gardaı´ should for programmes for prisoners. As the Minister tackle the serious crime and assaults taking place has informed the House ad nauseam, space in our on the streets. Even the smallest towns and vil- prisons is at a premium. We can no longer toler- lages have serious problems with anti-social ate the crazy revolving door system by which behaviour and it appears nothing is being done. people convicted of serious crimes are released to Instead, gardaı´ are choked with more paperwork allow people who have not paid a dog licence be and less resources for day-to-day policing. I com- put in prison. mend the Bill to the House. Included in the Bill are proposals such as short- ening the time window within which vehicle Mr. Ring: I compliment my party’s spokesman changes may take place, which is tied in with on justice, Deputy Jim O’Keeffe. His Bill should recommendations made in the report of the be accepted by the Government. One aspect of Comptroller and Auditor General published on politics that annoys me is to see Deputies on the Tuesday. It highlighted the problem associated Government side congratulate Deputy O’Keeffe with pursuing people for penalty points. Garages on producing a great Bill before reading from a must be held responsible for ensuring that the script provided by the Department setting out 100 proper registered owner of a car is registered in reasons for not voting in favour of it. Govern- the vehicle registration unit in Shannon. ment Deputies have made every excuse for I am aware of the case of a middle aged woman opposing a reasonable Bill. If there is a problem who has been hounded by penalty point notifi- with the legislation, the Government could pro- cations issued to her in her name, despite the pose amendments on Committee Stage. I wish the vehicle in question having changed ownership six Minister of State was the senior Minister as he months ago. Her garage is supposed to sort out would be more reasonable. the problem but nothing has happened. This area Benchmarking awards were paid to civil ser- needs to be tightened by making garages respon- vants last year to upgrade procedures. I will out- sible for ensuring cars are properly registered. line to the officials present an experience I had If fines were registered against a vehicle, it last week. One of my constituents, who is separ- would also ensure that the fine could be collected ated from her husband, had reason to be in court. when motor tax on a vehicle is renewed or its She receives a payment from her husband every ownership changes and fines would no longer week but must wait for him to pay the money to accumulate as is currently the case. I hope this the court clerk, who then sends it to her. When I will be addressed. wrote to the court clerk on the matter, he We are all aware that Garda resources are lim- informed me that no procedure is in place to ited. The Minister’s commitment in the run-up to allow payment by direct debit or for the money the general election to recruit an additional 2,000 to be debited from the husband’s account. gardaı´ was a fig leaf and has yet to be met. We Benchmarking was paid in order that services need to remove gardaı´ from behind desks and put could be provided and to ensure civil servants them on the street. Transferring the collection of were retrained and acquired new skills. It would fines to civilians would be easy and would not be simple for a Government office to establish a cause legal complications. I urge the Department procedure to facilitate direct debits from a client’s to act on this issue. Gardaı´ are needed to ensure account. The courts, in making awards, have our streets are safe. They should not be posi- asked that this be done. We are going back 50 tioned on every yellow box along both Luas years rather than going forward 50 years if a court routes. I am sure the Department is not being must first receive a cheque, lodge it in a bank and 673 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 674 then send it out. Why are there no direct debit behind bars. I want to see the criminals who are arrangements? I ask the officials present to note making our lives and those of our families a mis- this problem and discuss ways to rectify it. This is ery being targeted, particularly those who are 2004, not 1916 and it is reasonable to expect a smuggling drugs into the country. We have seen solution to this matter. that the Garda can deal with some of these As a politician, I deal with people every day. If serious criminals when given the resources, but a person who has been unable to pay a fine is there are many more of them who have not been prosecuted for non-payment and fined a further caught. We should be targeting the guys driving \600 or \700, how can we expect him or her to around in expensive cars who have big homes, do have the money to pay the fine there and then? not work or draw social welfare and have no way It has upset me over the years to see members of of showing what means they have. These are the the Garda Sı´ocha´na calling at houses to tell people who should be behind bars, not those who people they must immediately pay fines of \600 owe \600 or \700 or those who do not pay their or \700. If they did not have the money on the television licence fees or cannot afford to do so. first occasion, they will not have it the second Deputy Naughten is correct. I am spokesperson time. for social welfare and I note every day the areas The problem always affects women. In most where there is a problem. In some cases, it is the cases, men receive the fines but do not worry Department that makes the mistake but the about them, leaving the matter instead to be dealt people to whom I refer do not have the resources with by their wives and families. Gardaı´ seeking to bring it to court. In some cases they notify the payment of a fine refuse to allow people to pay Department about a problem, yet the Depart- in instalments. This approach is wrong and must ment, when it discovers that it has made a mis- change. take six months or a year later, adds an attach- The Bill Deputy Jim O’Keeffe has brought ment to their social welfare. before the House is very reasonable. There is Those responsible for social welfare take only only one place for serious criminals in this coun- what people can afford and this should be the try, namely, in jail. I refer to murderers, rapists case in regard to fines. If one has been fined \600 and those committing serious crimes on a regular or \700, an attachment order should be served on basis. The Minister and Minister of State should one’s earnings or social welfare at a reasonable note that the gardaı´ always go for the soft target, rate that will not have a major effect on one’s such as a person who cannot pay a fine for having family, rather than putting one in jail. In this no television licence or dog licence or for regard, consider the case of a woman who came drunken driving. Of course the gardaı´ can call to into my clinic some years ago who said her hus- the houses of such people, arrest them and put band got caught for drunken driving and received them in jail. However, where are the serious a big fine. She added that he would keep drinking criminals in this and other cities? They are not and she would have to keep paying. She claimed working, they have big houses, they are driving the garda came to her door with a certificate stat- around in Mercedese cars and do not demon- ing the extent of the fine. She was not able to pay strate that they have means, yet they are not in it on the day and she is not able to pay it now. prison. These are the people we should be tar- This is a reasonable Bill that might lead to pro- geting. They are causing problems for decent, gress in this area. The Minister of State and the honest people who are trying to make a living, Government should accept it and not simply read and they are selling drugs to our young children. the scripts of the departmental scriptwriters. Let As I was coming to Leinster House via the us deal with whatever faults or weaknesses are in quays some nights ago I saw five gardaı´ with a this Bill on Committee Stage. camera trying to catch those exceeding the 30 mph speed limit. One would be very lucky to Minister of State at the Department of Justice, have a free run up or down the quays at any time Equality and Law Reform (Mr. B. Lenihan): I in this city, yet the gardaı´ had pulled in one or regret that I cannot accept the invitation just two drivers for exceeding the speed limit. I do not offered to me by Deputy Ring. Deputy Jim like that and I spoke about it in the past. The O’Keeffe proposed this Bill and I am sure that gardaı´ should be targeting the guys who are driv- from the time he started as a practitioner before ing at 70, 80 and 90 mph and killing people at 3 the courts, the following words have echoed o’clock and 4 o’clock in the morning. The poor through his mind: “Fine £100 one week in devil the gardaı´ had pulled in on the quays some default”. A fundamental problem with legislation nights ago was probably going to work and might in this area is that there has to be an ultimate have been doing 40 mph in a 30 mph zone. If he option regarding the collection of fines. I accept tried to drive on the quays today, tomorrow or that an attempt has been made in this Bill by the next day, he would not get down them for an Deputy Jim O’Keeffe to try to examine how we hour. It often takes me two hours to drive three can make that ultimate option more palatable. or four miles down the road if there is bad traffic The Bill is based substantially on a similar Bill in the city. that was introduced in 1998 by the Fine Gael I support the Garda and law and order, but I interest in the House so this is obviously an area do not support the trend to go for the easy target of long-standing interest of the party. However, all the time. I want to see the serious criminals as my colleague, the Minister of State, Deputy 675 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 676

[Mr. B. Lenihan.] remain as the ultimate sanction in relation to the Parlon, explained yesterday evening, the Govern- enforcement of fines or debts. However, I agree ment cannot support the Bill, but its introduction with those who said imprisonment must be the has allowed us to examine a number of issues to ultimate sanction, to be used only as a last resort. which the Bill gives rise. I reiterate the commit- If there are practical and inexpensive ways to ment that the Government will have full regard address these matters — Deputy Ring mentioned to the points raised in this debate when it brings one in his contribution — they should be forward its own proposals in this area. explored and developed. Deputy Broughan expressed grave misgivings There may well be some scope with regard to yesterday on the terms of the proposed section the introduction of a carefully targeted attach- 14, which would allow the courts to direct the ment of earnings scheme in regard to non-pay- Minister for Social and Family Affairs to deduct ment of fines or civil debts. Deputy O’Dowd sums from amounts payable to a defaulter. I very referred to the similar mechanism that exists in much share the misgivings of the Deputy. the context of the payment of maintenance under Under the Bill as it stands, people in receipt of the family law legislation. However, the experi- welfare payments with only a limited amount of ence of the Courts Service is that the attachment income could have money deducted from them. of earnings orders under the Family Law The Bill also imposes the additional administra- (Maintenance of Spouses and Children) Act 1976 tive burden on the Minister for Social and Family has been extremely time-consuming. Affairs of setting out a protected rate of welfare Deputy O’Dowd expressed concern last night payments. The costs involved with these pro- for the plight of Deputy Joe Higgins, who, he posals, to employers and the State, could create argued, could have availed of such an arrange- a significant problem. Therefore, Fine Gael has ment to pay his local authority service charges some lessons to take yet in the caring dimension rather than going to jail. I do not know if this is as it embarks on its new arrangements with other another attempt to extend the rainbow coalition parties in the House. Section 14 as it stands even further, but I should point out to Deputy cannot be sustained. O’Dowd that Deputy Joe Higgins was not imprisoned for failure to pay his service charges. Mr. J. O’Keeffe: The Minister of State should not be overcome by Inchydoney. Mr. Broughan: I visited him in jail.

Mr. B. Lenihan: We certainly could not agree Mr. B. Lenihan: He was imprisoned because he with that section. was found to be in contempt of court through dis- obedience to a court order. Therefore, the coerc- Mr. English: Wait until Fr. Sea´n Healy gets the ive machinery of justice had to be brought to bear Minister of State. on him to comply with the orders of the court. Deputy O’Dowd’s putative rainbow was wrongly Mr. J. O’Keeffe: Fr. Sea´n Healy did not give positioned in that respect. I note that Deputy the Minister of State a good—— Broughan visited Deputy Joe Higgins while he Mr. B. Lenihan: Fine Gael will have to do was in detention. It is one of the corporal works deeper research—— of mercy and I commend him for it. I regret to say that I did not visit my constituency colleague, Mr. Ring: Fr. Sea´n Healy got to the Minister but I was a Minister in the Government at the of State. time and I could have been removed from office for not showing due regard to orders of the court, Mr. B. Lenihan: ——and engage in further liai- which we are obliged to uphold in this House and son with its prospective partners before it coun- which other Members have been censured for tenances the introduction of a section of this their failure to obey on occasion. character. Even if the provisions of the Bill were practi- Deputy O’Keeffe’s Bill would place very sub- cable, it would be wrong to suggest that they stantial administrative burdens on the courts and would have an appreciable effect on the existing the Garda Sı´ocha´na, involving expenditure sub- availability of prison accommodation. The stantially disproportionate to the amount of the number of people being committed to prison each fines involved. It is no solution to attempt to solve year for non-payment of fines or debts is, as the problems caused for the prisons by the need pointed out to the House already, in reality small, to deal with people who default on fines or debts about 1% of the prison population or about 40 just to create a host of problems for other agen- persons. It is right that we should examine what cies in the criminal justice system. I noticed that can be done to reduce this number. The Govern- many Deputies in their contributions referred to ment is committed to bringing forward practical the pressures on the criminal justice system and measures in this regard. The Minister’s conten- the commitment of the Government to substan- tion is that the proposals before the House do tially increase, within its lifetime, the number of not represent workable solutions in this area. The personnel in the Garda Sı´ocha´na. The reality is various expert reports have effectively concluded that no matter what alternatives to imprisonment that we needed to introduce improved means of are introduced for such cases, prison will have to assessment to ensure that fines imposed are 677 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 678 within the means of the offenders to pay them. Private Securities Bill 1999 by a colleague of mine To this must be allied a facility to allow offenders from County Meath, John Farrelly, under the to pay fines by instalment thus allowing a means same Department. As it came from this side of of enforcing fines other than by way of the House the Government decided it could not imprisonment. pass it. Six years later the Government brought it Since the last Fine Gael proposal in this area back and it was passed, but it is still not law. That in 1998, the Government has been active. The is inaction. The people elect us. The Minister Government’s legislative programme, published mentioned that the whole legal Department is a this week, contains two proposed Bills to deal powerhouse of law. This House is a powerhouse with fines. The fines Bill, while providing primar- of people who are here to make decisions. If we ily for the updating and indexation of fines, will are allowed to make decisions we can change also provide for a mechanism to strengthen the things. We are not allowed to make decisions and means assessment procedure—— this is like schoolboy politics. The Government will not accept it because it comes from the Mr. J. O’Keeffe: Nothing has been done in six Opposition. There is nothing wrong with this Bill. years. There might be a few technical things we can change if we work together. Mr. B. Lenihan: ——used by the courts in assessing a person’s ability to pay the fine. The Mr. B. Lenihan: The Deputy wants to deduct Deputy is well aware that the Department of fines from social welfare payments. Justice, Equality and Law Reform is a power- house of legislation. Any fair examination of the Mr. English: That is not a defect. It is a solution annual volume of the Statute Book will demon- to a problem and we are willing to discuss parts strate the enormous legislative production line of of it. Yet because of the Government, there will that Department. be no discussion of it. This is wrong and is a pity. The second Bill is the enforcement of fines Bill People elect us to do things, not to sit around and it is intended to end imprisonment where here and play games. practicable for inability to pay fines and to pro- vide for new ways of enforcing fines. The Mini- Mr. J. O’Keeffe: The Minister prefers to put ster is considering a range of alternative social welfare recipients in prison, which is what measures, but will only introduce such measures is happening currently. We need a few solutions. when he is satisfied they will improve the efficiency and the fairness of the system. The Mr. English: I am so annoyed as a young per- Courts Service is also examining a range of pay- son to see that clever, common sense Bills cannot ment options for fines, including payment by cre- make it through. They have to be thrown out dit and debit cards on the internet, in banks and because it is an Opposition thing. post offices, and by phone using lo-call numbers. The Minister said prison should be the last The Minister intends in the near future to bring resort and that if only 40 or 50 people go to prison to Government the fines Bill. This Bill will be because of inability to pay fines, that is no big primarily intended to update existing fines and deal. Prison is meant to be only for people who provide a mechanism for indexation, but the are a danger to society. It is fundamentally wrong Minister will also include proposals to strengthen to commit any 40 or 50 other people for any other the criteria to be used by the courts in assessing reason. We should do all in our power to change the means of the offenders before imposing fines. that. We do not know what happens when people As I have said, the Minister’s proposed fines Bill go into prison; they either become better citizens will include provisions for payment of fines by or worse citizens. I would prefer not to run the instalment. It is the intention, however, that such risk of them becoming worse. However, the Mini- a payment arrangement will only be available to ster seems to be happy to put 40 or 50 people those who genuinely need it having regard to into prison every year for non-payment of fines their financial circumstances and the amount of because there are 1,000 places. That is not even the fine imposed. More than one hundred thou- to consider the cost of going to prison. We have sand fines are imposed in the District Court annu- to find a solution to this and I welcome this ally. It would be untenable to suggest that every initiative. We have many other Bills being such fine could attract an instalment order. Huge brought forward to reform the justice system, administrative problems would arise for the which is more than I can say about the Govern- Courts Service. ment. If we got the chance, we would act on them. The Minister claimed that the cost of imple- Mr. English: I am delighted to get a chance to menting this Bill would be too high. Where are say a few words on this Bill. I will take up on a the figures to show that? The Minister should ask couple of points the Minister made. First, he representatives from the Courts Service, the claims the Government has been active on this penal system, the Garda Sı´ocha´na and the issue since it last came to prominence in 1988. Department of Social and Family Affairs. If cost This is 2004 and we are going into 2005. I would is his argument in refusing our Bill, then he not call it action, but rather six years of inaction. should prove it. Before this Bill is refused the The last time a Bill was brought in here was the Minister should talk to the people it will affect. I 679 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 680

[Mr. English.] to prison this year for that reason. Six years ago, guarantee that he has not done that. He will not Fine Gael proposed to change the system. Since do it, he will oppose for the sake of opposing it. then, more than 10,000 people have gone through The cost of prison is massive, as is the effect on the doors of our prisons because they could not people’s lives. We have to do all in our power to pay fines or debt. That is the system this Govern- keep people out of prison. Fines constitute posi- ment tells us we should retain. tive equity, as someone will make money out of I want to change that system. It is wrong, them. We are turning this into negative equity, as unfair, inefficient and costly. I cannot understand it is costing us money through the loss of the a Government that will not accept the principle unpaid fine and the cost of prison. That is bad of a Bill that aims to change that system by put- economics if nothing else and it has to be sorted ting an alternative in place. Telling me that it will out. This Bill shows how we can get these fines undermine the current system for collecting fines through other ways and through time. I am not and that is why it must be rejected, is stupid, I know someone can make an arrange- unacceptable. Of course it will undermine the ment to pay a euro a week. A judge must also current system. It will put a stop to the system apply some common sense. There are other ways whereby people are going to prison because they of getting the value of a fine out of a person on cannot pay fines. It will put in place a different social welfare. I have no problem with the fact system whereby they can pay by instalments or that a person might be on social welfare. We can an attachment of earnings can be sought. I get a number of hours of work out of that person. believe that is the better system because anything We have to start thinking up new ideas and it is is better than the existing system. I am infuriated time we started swapping information and work- by what the Minister said in response to this Bill. ing together, or we will get nowhere. He spoke of the need to be fair to the less well- There is a big problem with prison spaces. We off in society. What is fair about putting them in all know there is a shortage of places for criminals prison? That is the Fianna Fa´il-Progressive in our prisons. Any initiative that frees up places Democrats prescription for fairness for the less in prison has to be welcomed. We all know the well-off. problem that prison is not necessarily acting as a I acknowledge this is not a perfect Bill. The deterrent to many of those who go there. Two Minister accepts there is need for reform with or three days does not really affect the hardened regard to three different elements: first, improved criminal. A big problem is that the criminal means assessment by the courts to ensure fines knows that he will not be in prison for a couple imposed are within the means of the offenders to of years. Prison will have an effect if it happens pay them; second, a facility to allow offenders to soon after a criminal commits a crime, if it is an pay fines by instalment; and third, means of instant reaction. The person who commits the enforcing fines other than by way of imprison- crime knows it will be a couple of years before ment. This Bill contains provisions numbers two he has to go to prison and so can almost book and three. I accept that it could be improved by himself in. Therefore, prison is not having an an amendment in respect of improved means effect on that criminal. If the same criminal assessment by the courts to ensure fines imposed thought that within a week of committing a crime are within the means of the offenders. I am pre- he could be in prison, it would be a different pared to accept an amendment on that ground. story. That has been proven. We need to have Very legitimate points were raised on this side prison spaces freed up. We need to get out of of the House, in particular by my colleague, prison the 40 or 50 people who are not a danger Deputy Broughan of the Labour Party, and by to anyone. other colleagues, including some within my own There are other areas where people are in party, in respect of the attachment of social wel- prison for the wrong reasons. We need to wel- fare payments. I accept that section 14 of the Bill come any opportunity to change that. This Bill is may have to be amended somewhat. I am partic- a step in the right direction. To knock the Bill ularly taken by the argument from Deputy because it comes from the Opposition is wrong Broughan in respect of the UK experience and and a shame. Ireland, as a young country, wants the need to ensure that subsistence incomes are to move fast. We in this House are the slowest not interfered with. I have no interest whatever in organisation in the country, yet we are in charge putting people on the breadline. My fundamental of running it. We just do not work together. We interest is to ensure that those people are not put have to oppose for the sake of opposing, which in jail. I am prepared to accept amendments on is schoolboy and childish politics. It does not get Committee Stage which will improve this Bill and things done. ensure a minimum subsistence income for those whom I will keep out of jail. I cannot accept the Mr. J. O’Keeffe: Members now have a clear argument made by the Government that we choice. They can vote to continue a system that should continue with the present system of put- involves sending people to prison for non-pay- ting them in jail as a fairer way to treat the less ment of fines or debt. There were 37 individuals well-off. in prison last night because they could not pay The main purpose of this Bill is to ensure that fines or debt. That is the system this Government fines are collected. These fines are imposed by wants to continue. Well over 1,000 people will go the courts and they are not penalty points-type 681 Enforcement of Court Orders Bill 2004: 30 September 2004. Second Stage (Resumed) 682 fines, not dockets issued by the Garda Sı´ocha´na. lation. There is no Bill listed in the legislative pro- They are fines imposed by a court where there is gramme to be published this session. No heads of seven days or 14 days imprisonment in default of Bills have been approved. At the back of the list, payment. The line coming from many of the there is one Bill that may be produced in 2005. Fianna Fa´il backbenchers, fed by the script fac- There is no publication date for the other Bill to tory, is altogether incorrect in its presentation. which the Minister referred. Those are the prom- They have taken speeches that were delivered six ises of the Government. In the meantime another years ago when the then Minister, Deputy couple of thousand people will be in prison as a O’Donoghue, promised to change the system. It result of the absolutely uncaring approach of the was to be changed immediately. The Opposition Government. I say, stop this practice, let this Bill was asked to hold its breath and withdraw the through. I am prepared to accept reasonable Bill because it was to be done immediately. That amendments but let us be fair to the less well-off was six years ago and nothing has happened. and let us put in place a system where fines, in Instead upwards of 10,000 people were put in particular, and debts can be paid and collected in prison since that promise was made. a reasonable, humane manner. This practice of We are being promised two further Bills and putting people in prison because they are poor being asked to wait for them. Six years later I do must be stopped. not accept the Minister’s promises about legis- Question put.

The Da´il divided: Ta´, 51; Nı´l, 64.

Ta´

Allen, Bernard. McGrath, Paul. Boyle, Dan. McHugh, Paddy. Breen, James. McManus, Liz. Broughan, Thomas P. Mitchell, Gay. Bruton, Richard. Mitchell, Olivia. Burton, Joan. Morgan, Arthur. Connaughton, Paul. Moynihan-Cronin, Breeda. Coveney, Simon. Naughten, Denis. Crawford, Seymour. Noonan, Michael. Crowe, Sea´n. O´ Snodaigh, Aengus. Cuffe, Ciara´n. O’Keeffe, Jim. Deasy, John. O’Shea, Brian. Durkan, Bernard J. O’Sullivan, Jan. English, Damien. Pattison, Seamus. Gilmore, Eamon. Penrose, Willie. Gogarty, Paul. Quinn, Ruairı´. Gormley, John. Rabbitte, Pat. Gregory, Tony. Ring, Michael. Harkin, Marian. Ryan, Eamon. Healy, Seamus. Sargent, Trevor. Higgins, Michael D. Shortall, Ro´ isı´n. Hogan, Phil. Stagg, Emmet. Howlin, Brendan. Stanton, David. Lynch, Kathleen. Twomey, Liam McCormack, Padraic. Wall, Jack. McGrath, Finian.

Nı´l

Ahern, Dermot. Fahey, Frank. Ahern, Michael. Fitzpatrick, Dermot. Ardagh, Sea´n. Fleming, Sea´n. Blaney, Niall. Gallagher, Pat The Cope. Brady, Johnny. Hanafin, Mary. Brady, Martin. Haughey, Sea´n. Browne, John. Jacob, Joe. Callanan, Joe. Keaveney, Cecilia. Carey, Pat. Kelleher, Billy. Carty, John. Kelly, Peter. Cassidy, Donie. Killeen, Tony. Cooper-Flynn, Beverley. Kirk, Seamus. Coughlan, Mary. Kitt, Tom. Cowen, Brian. Lenihan, Brian. Cregan, John. Lenihan, Conor. Davern, Noel. McDaid, James. de Valera, Sı´le. McEllistrim, Thomas. Dempsey, Noel. McGuinness, John. Dempsey, Tony. Martin, Michea´l. Dennehy, John. Moloney, John. Devins, Jimmy. Moynihan, Donal. Ellis, John. Moynihan, Michael. 683 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 684

Nı´l—continued

Mulcahy, Michael. O’Keeffe, Ned. O´ Cuı´v, E´ amon. O’Malley, Fiona. O´ Fearghaı´l, Sea´n. Power, Peter. O’Connor, Charlie. Power, Sea´n. Roche, Dick. O’Dea, Willie. Smith, Brendan. O’Donnell, Liz. Smith, Michael. O’Donoghue, John. Treacy, Noel. O’Donovan, Denis. Wallace, Dan. O’Flynn, Noel. Wallace, Mary. O’Keeffe, Batt.

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

Question declared lost. circumstances covered by this Bill, the person has already fled from the sentencing state before serving the sentence and is now in his or her state Transfer of Execution of Sentences Bill 2003 of nationality. The issue that, therefore, arises is [Seanad]: Second Stage. to ensure that the person serves or completes the Minister of State at the Department of Agri- sentence that was lawfully imposed in the sent- culture and Food (Mr. Browne): I move: “That encing state. the Bill be now read a Second Time.” The consent of the prisoner under the 1995 Act I am pleased to present to this House the relates not to whether a sentenced person should Transfer of Execution of Sentences Bill 2003. The serve the sentence but to the State in which it is central purpose of the Bill is to deal with the to be served. In circumstances where a person has transfer of the execution of sentences where the deliberately fled from the sentencing state and sentenced person has fled from the sentencing returned to his or her state of nationality, the per- state to his or her state of nationality. The Bill son has in effect exercised his or her consent in gives effect to provisions in Article 2 of the relation to his or her return to the state of Additional Protocol to the Council of Europe’s nationality. It is then a matter of ensuring that Convention on the Transfer of Sentenced Persons the person serves a sentence that was imposed by as well as Articles 67- 69 of the Schengen Con- the sentencing state. vention. Articles 67- 69 of the Schengen Conven- Before turning to the detailed provisions in the tion have provisions that correspond to those in Bill, I will set out the circumstances in which it Article 2 of the additional protocol. Enactment will apply. The Bill will apply in two categories of of this Bill will enable Ireland to ratify the cases. First, it can apply in the case of a person additional protocol and to operate the relevant sentenced by an Irish court who has fled from Schengen provisions. this State to his or her state of nationality without The additional protocol and the Schengen pro- either commencing or completing the sentence. visions supplement the 1983 Council of Europe In that case, the Minister for Justice, Equality and Convention on the Transfer of Sentenced Per- Law Reform may request the authorities in the sons. The 1983 Convention has been other state to enforce the Irish sentence. 1 o’clock given effect in Irish law by the 1995 In the second situation, a sentencing state may Act of the same name. Under that make a similar request to this State in the case of Act, a national of one state party detained in Irish nationals who have fled back to this State another state party can apply for transfer to his prior to the commencement or completion of a or her country of nationality to serve out his or sentence. Under this Bill a request from the sent- her sentence there. encing state must receive the consent of the Mini- The present arrangements under the 1995 Act ster for Justice, Equality and Law Reform before provide for the transfer of prisoners who are an application can be made to the High Court for already in custody in the sentencing state. The a warrant for the person’s arrest. The Minister Bill under discussion deals with a different situa- has to be satisfied as to certain matters before an tion. The new arrangements will, instead, provide application is made to the High Court. In any for the transfer of the execution of the sentence. event, the Minister may, having regard to all the In other words, the sentence will follow a person circumstances, decide not to make an application. who has fled from the sentencing state. Following arrest, the High Court may make One essential feature of the existing system orders for the carrying out of the foreign sentence under the 1995 Act is that it is the prisoner who in Ireland. initiates the process by requesting the transfer. This Bill ensures that we have an effective The circumstances arising under this Bill are alternative to extradition. Currently, where a per- materially different from those covered by the son flees from the sentencing state to his or her 1995 Act. As I have indicated, in cases arising home state, the sentencing state has just one under the 1995 Act, the person is already in cus- option if it wishes to ensure the sentence is tody in the sentencing state and consents to served. That option is to request the person’s return to the state of nationality. However, in the extradition or, as the case may be, surrender to 685 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 686 another EU state under the European arrest war- satisfied there has been compliance with rant. Once this Bill is enacted, it will be possible section 6. for the sentencing state to rely on an additional The ministerial certificate must contain certain option, that is, that the person should serve the information, for example, the name and address, sentence in the home state. That is a significant where known, of the sentenced person and the benefit to the sentenced person, while also ensur- sentence imposed on him or her. ing that the sentence is served. Section 8 of the Bill sets out the procedures I emphasise that the arrangements covered by relating to the issue by the High Court of a pro- this Bill, as well as those covered by the 1995 Act, visional arrest warrant. This section gives effect are intended to assist the rehabilitation and to Article 68(2) of the Schengen Convention and reintegration of prisoners who have been sen- Article 2(2) of the additional protocol. Those tenced abroad, while also ensuring that the sen- articles provide that a sentencing state may tence is served. The person’s rehabilitation and request the administering state, prior to the reintegration will be facilitated by allowing the arrival of documents supporting the request and person to serve the sentence in his or her home prior to the decision on the request, to take the state, closer to family and without language and sentenced person into police custody or to take other difficulties. The Bill has 13 sections. I pro- other equivalent measures. pose to outline the most significant of the pro- An application can be made to the High Court visions, starting with section 4. for a warrant authorising the provisional arrest of Section 4 is an important section in the overall the person where a request has been made by a scheme being introduced by this Bill. It provides sentencing country. The application may be made that the Minister for Foreign Affairs may by to the High Court by a member of the Garda order designate countries that have accepted the Sı´ocha´na not below the rank of inspector but only relevant additional protocol or Schengen pro- with the consent of the Minister. The Bill sets out visions. The order will identify the states with the details that are to be included in the request which Ireland will operate these arrangements. In for the warrant. other words being a party to the additional proto- A warrant endorsed under section 7 or 8 may col or the Schengen Convention will, of itself, not be executed by any member of the Garda Sı´och- be sufficient. Ireland must also be satisfied about a´na in any part of the State even if it is not in the the systems operated by the other State before possession of the member at the time. However, it agrees to operate these arrangements with it. the warrant must be shown, and a copy given, to Ireland will not be operating these arrangements the person arrested at the time of arrest or within where it is not so satisfied. 24 hours thereafter. A person arrested under a Section 5 sets out the circumstances in which warrant must be brought before the High Court the Minister for Justice, Equality and Law as soon as possible. Reform may request a country that has been des- The High Court must remand in custody a per- ignated under section 4 to take over the enforce- son arrested under a provisional arrest warrant ment of a sentence imposed in Ireland where the pending the production of a ministerial certificate sentenced person has fled from Ireland to that referred to earlier under section 7. That certifi- other country. cate will indicate that the Minister has received Section 6 provides that the Minister may con- and is consenting to the request from the sentenc- sent to a request from a country designated under ing state. If a certificate is not produced within section 4 for the execution in this State of a sen- 18 days of the person’s arrest the person will be tence imposed in the sentencing country on a per- released. The release of any person will not preju- son who has now fled to Ireland. Before giving dice his or her rearrest if a request for the consent the Minister has to be satisfied that the enforcement of the penalty or detention order is person concerned is regarded as an Irish citizen; afterwards made. the sentence concerned is final; the sentenced Section 9 provides that the High Court may person has at least six months of the sentence left make an order committing the person to a prison to serve; the offence concerned would constitute or St. Patrick’s Institution for the purposes of a criminal offence if committed in the State, that serving the sentence or remainder thereof. Before is, dual criminality applies; and having regard to making the order, the High Court must be satis- all the circumstances, it would be in order for the fied about the matters I have listed under section Minister to give his or her consent. 6, that is, dual criminality etc. In addition, the Section 7 sets out the procedure by which a High Court will not make an order if it considers sentence imposed in another state may be that the safeguard provisions in the Extradition executed in this State. It provides for a certificate Act or, as appropriate, the European Arrest War- to be presented to the High Court by or on behalf rant Act are not being respected. In other words, of the Minister, indicating that the Minister con- a person detained under this Bill will have the sents to taking over the enforcement of the sen- same protections available to him or her as if he tence. It also provides for an application to be or she was being sought under and extradition made to the High Court for the issue of a warrant request or a European arrest warrant. authorising the arrest of the person concerned. The effect of an order under section 9 is to The High Court, on production of the certificate, authorise the continued enforcement by the State issues a warrant for the arrest of the person if of the sentence imposed by the sentencing state 687 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 688

[Mr. Browne.] addition, could be proceeded against under and means, in practice, that the whole or the bal- section 3 of the 1976 Act. ance of the sentence will have to be served in The Bill ensures fugitives serve their sentences. Ireland. In other words, it will have the same It also reduces the risk of Ireland being seen as a effect as if it were a sentence imposed here. It safe haven for fugitives. The provisions also have will not be subject to appeal in this jurisdiction advantages for the prisoner in that they offer an since that remains the prerogative of the sentenc- alternative to extradition that may be more ing state that imposed the sentence and since the favourable to the sentenced person and they also Minister and High Court have satisfied them- facilitate the family and relatives of the sentenced selves that the sentence to be served here is final person by easing visiting arrangements and under the law of the sentencing state. In all other other contacts. respects, the sentence will be served in the same The Bill contains effective safeguards. The con- way as a sentence imposed here and subject to sent of the Minister is required before a request the same rules, including remission and tempor- can be processed and the Minister will have ary release. In addition, allowance will be made discretion to decline requests where he or she is for any time served pending the making of the not satisfied with or has concerns about the order or in respect of any part of the sentence arrangements being proposed in any particular already served in the sentencing state. case. In any event, Ireland will operate these Section 9(3) provides that the Minister may arrangements only with states in whose systems apply to the court to adapt the duration of the we have confidence. I would also stress that a per- sentence to conform with our law if the sentence son may be arrested and imprisoned here only imposed by the sentencing state is greater than with the consent of the High Court. The High the maximum term to which the person would be Court is required to ensure the extensive safe- liable if he or she had committed the offence in guards available in extradition or European the State. arrest warrant cases are also available to persons Section 9(4) provides that any element of a sen- arrested under this Bill. In addition, a person can tence as imposed, excluding duration, which ren- be imprisoned only if convicted of an offence that ders the sentence less favourable than one to corresponds to an offence under Irish law. I com- which the person would be liable had he or she mend the Bill to the House. been convicted in the State for a similar offence will not apply if the High Court so directs. For Mr. J. O’Keeffe: This Bill is a moderate example, Ireland will not impose penal servitude measure but I give it my full support. In many even if the original sentence provided for this. ways, international co-operation is the very factor Enforcement of the sentence ceases where the which has given rise to this legislation. It relates State is notified by the sentencing country that back to a protocol of the Council of Europe con- the person would be entitled to be released under vention. As a member of the parliamentary its law. The person will be released unless his or assembly of the Council of Europe, I am glad to her continued detention in Ireland is required as see that the work of the Council can still find a result of a sentence imposed here or the person practical expression in the parliaments of its has been remanded in custody in respect of an member states. offence committed in Ireland. Essentially, the Bill will ensure that persons Section 10 provides that the Criminal Pro- who are brought to justice and then abscond will cedure Act 1993 shall not apply to a person who not be able to evade their punishment. A number is detained under this Bill. The 1993 Act provides of instruments are available to deal with that and for judicial review of certain convictions and sen- this will be one further instrument. From that tences, presentation of petitions, the grant of par- point of view, I am very supportive because crime don on the grounds of miscarriage of justice and and criminals know no boundaries. Our payment of compensation by the State. Such pro- responses, therefore, must also know no bound- ceedings would not be appropriate in the circum- aries. It is an aspect of globalisation that increas- stances covered by this Bill, since the events, wit- ingly there is cross-border crime and people move nesses, evidence, etc. are outside the jurisdiction from one country to another. Therefore, our and are not amenable to the Irish courts. responses must always be updated. However, the Bill does not prevent the person I do not anticipate that there will be much pursuing such an action under the law of the sent- resort to this particular measure because the encing state. approach generally adopted at present is to seek Section 11 provides that no proceedings under extradition. There has been the transfer of sen- section 3 of the Criminal Law (Jurisdiction) Act tenced persons. Perhaps in his summing up the 1976 will be taken against a person who is Minister of State might give an outline as to what imprisoned here under this Bill. Section 3 of the use has been made of the provisions of the 1995 1976 Act provides that a person who escapes Act with regard to the transfer of sentenced per- from any lawful custody in which he or she is held sons. The Parliament and the public would like to in Northern Ireland shall be guilty of an offence. know to what extent that Act has been availed Section 11 therefore avoids a situation where the of, how many people have transferred from person could be liable to serve not only a sen- Ireland to other countries and to where, and how tence imposed in Northern Ireland but, in many people have come from other countries and 689 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 690 have served or are serving their sentences in Irish ways, the type of activity about which I speak is prisons. It would be helpful to have a picture of more serious and of far greater concern to the what has emerged since the 1995 Act. It would public than the type of activity being dealt with also be helpful if the Minister of State, possibly in the Bill. with the advice of his officials, could give us an That is not to say that I have any problem with idea of the extent to which he believes this par- the Bill. As I already stated, it is a modest ticular measure will have an operational life. I do measure that will provide an additional instru- not anticipate that much use will be made of it ment in our armoury for dealing with crime but it may possibly be a useful additional measure where a fugitive absconds before completing his in the fight against crime, particularly in dealing or her sentence. While the notion of somebody with fugitives who abscond. absconding before completing a sentence gives One of the reasons I feel it is unlikely to have rise to pictures of jail breaks and other incidents much impact is that it seems only to apply after of that nature, we have fortunately not had many somebody has been sentenced. The Minister of such incidents in recent times. State might also deal with this in his summing up. One other aspect of the Bill the Minister might Normally when somebody is sentenced, they are clarify is the provision in section 4 which gives in court and are delivered into immediate custody the Minister for Foreign Affairs power by order so the question of absconding should not nor- to designate a country that has adopted the proto- mally arise. Is there a suggestion that this Bill, col or the Schengen provisions. The idea is that when it is enacted into law, may have an impact the order will identify the states with which in a situation where sentences are imposed in Ireland will operate these arrangements. Can the absentia? What, in practical terms, does the Mini- Minister of State make us aware of the thinking ster of State see as happening under the terms of in that regard and which countries he expects to the Bill? be part of that? The other issue that arises is the extent of the The Bill contains principles with which I con- network. Have all the other member states of the cur. It has been carefully drafted by the Depart- Council of Europe adopted this provision? Has it ment and contains the relevant safeguards from been ratified in all these other states? What is the the point of view of the State and individuals situation in a country that has adopted but not involved. I like the approach which involves pro- ratified it? What would be the situation of viding the High Court with the necessary powers France, for example, dealing with Ireland now, in that regard. Overall, I endorse and fully sup- before the Bill has gone through? To make the port the Bill. Bill effective with regard to any other country, is it necessary that it be adopted and ratified by Mr. Broughan: I am delighted the Minister of both the sentencing country and the country of State at the Department of Agriculture and Food, the nationality of the person sentenced? That Deputy Browne, is here. We always seem to end information would be useful. up facing each other across the Chamber. Given I would like to touch on another aspect not his work over the past couple of years in his pre- covered by the Bill, but which, if we found a vious portfolio, I commiserate with him that my mechanism of dealing with it, would allay much many suggestions that he be elevated to the Cabi- public concern. It relates to known criminals who net were not listened to by the Taoiseach. He will have relocated elsewhere and about whom I fre- be much missed in the marine area. quently see stories in the newspapers. I think I regret that the Minister for Justice, Equality particularly of those who have relocated to coun- and Law Reform is not present because I get few tries such as Spain and who continue to be opportunities to discuss matters with him in the involved in flooding this country with drugs from House. Like most Deputies, I correspond with their Spanish base. One has a sense of frustration him and inform him on important issues of secur- and helplessness at the continuance of this situa- ity and policing that confront our constituents. tion, whether from Spain, Holland or any other However, I rarely get the chance to speak to him country. We get the impression that these people in the House on those matters and it is disap- are untouchable. I would like to see thought and pointing that I cannot do so today. consideration being given to how we can get at At the beginning of the session when we look these people. We must continually update our at the legislative programme it is hard to see ideas and approach, whether nationally or where the Department puts its priorities. The through international arrangements, in order to Department of Justice, Equality and Law Reform deal with developments on the criminal end of and the Department of Communications, Marine matters. This new development is a cause of and Natural Resources have both got amazing grave concern. The fact that these criminals seem lists of pending legislation on their different lists to be able to virtually publicly flaunt their situa- as well as legislation before the Houses. It is tion, with their big houses and haciendas abroad, astonishing how the programmes have not been while openly engaging in international crime, addressed. There is a change in the Department particularly in the drugs area, is a cause of grave of Communications, Marine and Natural concern. I would like this Government, during Resources now with its new Minister, Deputy the short time remaining to it, to come up with Noel Dempsey. There is no change in the Depart- some ideas for dealing with this problem. In many ment of Justice, Equality and Law Reform. 691 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 692

[Mr. Broughan.] Sea (Repression of Piracy) Bill 2001 which However, the gamut of legislation in the legislat- cleared in the Seanad in that year but which we ive programme before us on each Order of Busi- still expect to debate in this House perhaps three ness — Deputy Stanton took a number of oppor- years later. I already mentioned the prison service tunities to read into the record the long list of Bill. Who sets the priorities for the Department? legislation pending from the Department — illus- Why is so much legislation promised? The Mini- trates the unsatisfactory situation whereby, for ster is famous for his soundbites. However, very example, in this Administration the Garda Bill often his comments relate to the affairs of other has not been addressed and passed by now. Many Departments, including Enterprise, Trade and of us on this side of the House have been calling Employment, Finance, Communications, Marine for this Bill to be addressed year after year and and Natural Resources, Foreign Affairs and feel we should have had a comprehensive Garda Defence. He has a view on every Department. Bill within the past seven years. However, how does he set the priorities for this I note that on the just published “A” list there Department? It is his job to recruit the necessary are three Bills: the Criminal Justice (Co- staff. Staff work under extreme pressure because operation) Bill; the Irish Nationality and Citizen- it is the most important Department with a diffi- ship Bill which issued yesterday; and the Regis- cult remit. My party is unhappy with the manner tration of Deeds and Titles Bill, which are all in which the legislation is introduced by the important. We also have Bills on the “B” list that Department and with the lack of prioritisation of have been cleared by Government and are with key Bills. the draftsman: the criminal justice Bill; the pro- The Labour Party generally welcomes the Bill. tection of confidential information Bill, which It complements the Sentenced Persons Act 1995, replaces the Official Secrets Act; the defamation which is based on the 1983 Council of Europe Bill, which is also important; and the prisons Bill, convention. People should have the opportunity which apparently arranges for the privatisation of to serve the balance of their sentences in their prison escorts. native states and it is correct that fugitives should The Minister also has approximately nine Bills serve their sentences. Many Members have before the House, including the Bill before us. experience in this area as a result of the debates An astonishing 20 Bills, the heads of which have on repatriation and following contact with Irish not yet been approved by the Government, are people in other states who sought repatriation. also being worked on in the Department. In our There are concerns about the transfer of pris- previous discussion today we had an excellent effort by Deputy Jim O’Keeffe to modernise and oners, particularly through this jurisdiction. Last rationalise crime legislation with the Enforce- May the Minister, in response to Senator Henry, ment of Court Orders Bill. We also had a famous stated Ireland would only facilitate the transfer ground rent Bill which Deputy Woods, in my con- of prisoners in accordance with the law. Has this stituency, promised would be brought into law commitment been met? The journalist, Fintan within weeks of the establishment of the 1997 O’Toole, recently reported that prisoners from Government. However, we are still waiting, as Iraq had been transferred through our juris- Deputy Sherlock said this morning. I do not diction on a Gulfstream jet. believe the Minister, Deputy McDowell, will do anything about ground rents. Mr. F. McGrath: Through Shannon Airport. It is disgraceful. Mr. J. O’Keeffe: We can be quite sure of that. Another Bill will be promised before the next Mr. Broughan: Legitimate questions can be election. raised about the manner in which prisoners have been treated in our jurisdiction and whether our Mr. Broughan: Other Bills on which the heads legal system has been sullied by such outrageous are not approved are the immigration and resi- treatment. The Department must address this. dents Bill, the intoxicating liquor Bill, the par- When the Minister of State at the Department ental leave Bill, the Garda Bill and the prison ser- of Health and Children, Deputy Callely, piloted vice Bill. The latter two cover two of the most the Bill through the Seanad, my party colleague, fundamental organisations in the country in the Senator Tuffy raised a number of important security area. I accept the argument that the issues. Several were addressed through amend- Department of Justice, Equality and Law Reform ments but our justice spokesperson, Deputy is probably the most important Department Costello, may wish to return to one or two issues because without security a community has on Committee Stage. Senator Tuffy asked nothing. Security is the absolute requisite for a whether an occasional report to the Oireachtas civil life. However, we are still waiting for the could be provided under the Bill, similar to other Garda Bill and the prison service Bill which deal legislation. Concerns were also raised about the with the two most fundamental organisations in issue of correspondence of offences under section the Department. 3, given that similar offences are treated differ- The Bill before us is not earth shattering nor ently under other legal systems. There can be will it have major implications. It will affect fewer different nuances in the interpretation of the law people than the Minister of State’s Law of the in other states. 693 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 694

Sentencing policy in different countries is an encing state only has the option of instituting issue. The Minister of State said the issue had extradition proceedings if it wishes to ensure an been addressed under section 3(3) and 3(4) so imposed sentence is served. that prisoners who wish to return to their own The net effect of the legislation is likely to be countries can do so. Section 6(3) refers to a minis- a minor increase in the number of prisoners in terial direction if less than six months have been Irish jails. I broadly welcome the legislation, the served and uses the phrase “exceptional circum- enactment of which will enable Ireland to accede stances”. It states: “The Minister may in relation to the additional protocols to the 1983 Council to a person sentenced to less than six months in of Europe convention. I hope the Minister will a sentencing country or who has less than six respond to the concerns raised. months remaining to serve give his or her consent I hope the Department will be more energetic under section 1 if he or she considers exceptional and seek the necessary resources to bring forward circumstances exist that warrant the person serv- the significant tranche of critical legislation that ing the sentence or the remainder of the sen- awaits our attention. tence...”. The Minister might elaborate on this in I noted yesterday that the Taoiseach in his his reply. We will examine it again on Commit- review of the achievements of seven years of tee Stage. Government spoke at length of the significant fall The High Court must be satisfied that a request in crime of the order of 17% or 18%. After the has been made on behalf of the sentencing coun- debate, I had a quick glance at the report on try but, under section 8(7), that is presumed to crime statistics for the first quarter of the year, be the case unless the opposite can be proved. with which Deputies are provided through the Concerns have been expressed about this pro- good offices of the Department. When one looks vision. The legislation also implies that, while at the level of crime, one finds it is still shocking, there may be less favourable sentencing regimes appalling and horrific. The Minister of State who or legal procedures in other countries, our courts is from another urban constituency will agree cannot examine them. The Minister stated the with me. That there was a murder every seven Criminal Procedures Act 1993 does not apply in days up to March 2003 and every eight days up these cases. to March 2004 signals to me that we continue to The Bill is a modest proposal for international have an horrific level of crime in this jurisdiction. co-operation to permit fugitive prisoners to serve While there were insignificant falls in other cat- their sentences in their countries of origin. It will egories, the overall level of criminal events not necessitate major work or resources on the recorded on the PULSE system and brought to part of the Department, although, traditionally, a the attention of the Department is in excess of dilatory approach to the repatriation and transfer 100,000. I have asked the Minister to reform the of prisoners has been adopted based on my Garda Commissioner’s report and to ensure that experience representing citizens in my constitu- we receive Central Statistics Office figures. In a ency. If that continues, most applicants under the recent speech at Templemore, the Minister said legislation will have served their sentences before he intended to ask the CSO to compile crime a decision is made. statistics. If we rely on surveys as the Sunday The central purpose of the Bill is to deal with Independent did some time ago, we find that the transfer of the execution of sentences where crime is up to 80% worse than appears to be the the sentenced person has fled from the sentencing case in the crime statistics. A Minister who has state to his or her state of nationality. In the cir- time for comments on every subject under the sun cumstances covered by the legislation the person is presiding over dreadfully unsatisfactory circum- has already fled from the sentencing state before stances and is failing to run his Department serving the sentence and is now in his or her state efficiently and effectively. of nationality. The issue that arises, therefore, is As I attended a constituency meeting during to ensure the person serves or completes the sen- the past week, my car was broken into. Many of tence lawfully imposed in the sentencing state. us have these experiences every day and every The Bill applies in two categories of cases. It week and we want dramatic action from the can apply in the case of a person sentenced by an Government. On balance, one must consider that Irish court who has fled from this state to his or the Minister for Justice, Equality and Law her state of nationality without commencing or Reform should have been moved in the Cabinet completing the sentence. The Minister for Justice, reshuffle to provide us with a more dynamic Equality and Law Reform may request the auth- Minister. There are a great many issues arising orities in the other state to enforce the Irish sen- from the crime statistics that I want to take up tence in such a case. With regard to the second with the Minister when he is next in the House. category of cases, a sentencing state may make a We need a much more dynamic approach to the similar request to this State in the case of Irish policing of our community. nationals who fled here prior to the commence- Security is the most important aspect of any ment or completion of a sentence. This provides citizen’s life and it must come through the com- an alternative to the more cumbersome extra- munity. For that reason, I am waiting for the dition procedure when dealing with an absconded Garda Bill in which we will at long last get joint prisoner. Currently, when a person flees from the committees and policing plans to allow locally sentencing state to his or her home state, the sent- elected representatives to work with superintend- 695 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 696

[Mr. Broughan.] in the absence of permission to consult with his ents in Garda districts to produce policing. family, he agreed to change his plea with the Deputy Finian McGrath and I have some experi- result that he finds himself in his current position. ence of this. Policing must come from the people Many individuals who are prepared to testify on and communities but I get no sense that the Mini- Mr. McGrath’s behalf have not been heard and ster understands that. If anything, he is very anti- other evidence has not been provided. Many, community. I ask him to adopt a much more vig- some of whom sit in this Chamber, and include orous attitude towards outstanding legislation the new Minister for Defence, Deputy O’Dea, which it is vital to pass as soon as possible. The and Deputies Lynch, Harkin, Costello, Collins, Minister must at last begin to deal with the hor- James Breen and myself as well as 49 MPs in the rific level of crime occurring in our community. United Kingdom believe that Mr. McGrath is Having said that, I commend the Bill which the innocent and that his case represents a serious Labour Party will support. miscarriage of justice. In implementing legislation such as the Bill Mr. Healy: I wish to share time with Deputies before us we should put in place a mechanism Finian McGrath, Cuffe and O´ Snodaigh. through which cases like that of Mr. McGrath can be dealt with and prisoners and their families sup- Acting Chairman (Mr. Kirk): Is that agreed? ported in seeking appeals. Mr. McGrath and his Agreed. family want an opportunity to prove his inno- cence in court. All the evidence suggests that he Mr. Healy: On the first occasion on which I sit is innocent. I ask the new Minister for Foreign across from Deputy Batt O’Keeffe as Minister of Affairs, the Minister for Justice, Equality and State, I congratulate and compliment him on his Law Reform and the new Minister for Defence, appointment. The Bill before us is welcome and Deputy O’Dea, to use their good offices on this represents one of a raft of legislative measures in case. this area that have been implemented in recent years. Such measures have covered extradition Mr. F. McGrath: I welcome the opportunity to and serving of sentences in a prisoner’s home speak on this legislation. Before getting into the country. I look forward to having an input into details of the Bill, on a personal level I congratu- this Bill on Committee Stage. late Deputy Batt O’Keeffe on his promotion to Now that we have cross-Border and inter-coun- Minister of State at the Department of the Envir- try co-operation we should introduce a procedure onment, Heritage and Local Government. I wish whereby the Departments of Justice Equality and him well for the future. On a political level, I am Law Reform and Foreign Affairs could support disappointed by the number of senior Ministers Irish nationals who find themselves as victims of representing the north side of Dublin, an area miscarriages of justice abroad. I raise the case of a which needs a great deal of support and constituent of mine who has been in this invidious development. position for quite some time. Christy McGrath It is important we set down a number of from Carrick-on-Suir was convicted in Britain in ground rules when dealing with matters related July 2000 and is serving a life sentence. Christy to prisoners, their sentences and the issue of represents a prime example of a case of miscar- justice for all. Our justice system should always riage of justice. Many people believe, as he does, be based on making amends to society and that he is innocent including his family and respect for human rights. Any country, state or Members of this House yet he finds that apart society that ignores these markers loses the from some support from the Irish embassy there respect and support of its people. This was is little real support for a prisoner who finds him- notable recently in relation to Iraq, Guantanamo self in circumstances of this nature. Bay and the nightmare hostage issue. Violence, Christy McGrath has repeatedly denied that he abuse and the slaughter of hostages and prisoners was responsible for the death of Gary Walton and should never be an option in political conflicts he is asking for an immediate appeal to permit throughout the world. That is a marker for us all. him to overturn his conviction. Mr. McGrath was We should agree to fundamental rights and prin- a jockey in England and had a very promising ciples and never stray from them. We should also career. Unfortunately, he was involved in an defend and protect lawyers, Deputies, Senators, altercation in a County Durham village in 2000 councillors, human rights groups and others who and found himself attacked by another individual. take risks for human rights. We must ensure we He defended himself and went home only to find have a humane and fair justice system. Great that Mr. Walton died later. Mr. McGrath was people like the late Pat Finucane immediately arrested, charged and convicted of Mr. Walton’s come to mind. He paid the ultimate price for his murder though certain evidence never came to dedication and work for human rights. These are court. As a young Irishman in England, Mr. the issues which should be debated in the House McGrath found himself confused and isolated. today, particularly in the context of this Pressure was put on him on the day of the trial legislation. to change his plea from not guilty to guilty on the The Bill provides that in the case of a person basis that if he failed to do so, he would receive sentenced by an Irish court who has fled from a 25 to 30 year sentence. Isolated as he was and this State to his or her state of nationality without 697 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 698 commencing or completing his or her sentence, and provide the necessary resources to deal with the Minister for Justice, Equality and Law the problem. Reform may request the authorities in that state Spending \250,000 on keeping a child locked to enforce the Irish sentence. In the case of Irish up and providing an inner city school with nationals who have fled to this State from a sent- approximately \3,000 to \5,000 a year for projects encing state prior to the commencement or com- is not realistic intervention, as I know from pletion of a sentence, the Minister must give his experience. I worked in a small school in the or her consent to a request from the sentencing inner city for approximately 20 years. That school state before an application can be made to the received a grant of between \3,000 and \5,000 a High Court for a warrant for that person’s arrest. year to assist children at risk. The grant was used The Minister will be required to satisfy himself or for after-school projects and art therapy to try to herself as to certain matters before application is turn violent children away from crime. Such pro- made to the High Court. The criteria include a jects had a major impact on the community and discretionary provision whereby the Minister the school. They are the types of issues we should may, having regard to all the circumstances, discuss in the context of this legislation. decide not to make an application and, following I welcome the Bill which contains many posi- arrest, the High Court may take orders for carry- tive provisions. However, there is no point introd- ing out of the foreign sentences in Ireland. ucing legislation, speaking with prisoners and In debating this legislation we must also show dealing with international situations if we do not compassion and understanding for the victims of deal with the real world on our own doorstep. prisoners, an issue of which we should never lose sight. It should remain top of the political agenda. Mr. Cuffe: I congratulate Deputy Batt The Killester Resource Centre in my constitu- O’Keeffe on his appointment as Minister of State ency was recently opened by the President. Some at the Department of the Environment, Heritage 37 prisoners from Mountjoy Prison were involved and Local Government. I wish him and his col- in work on that project. It is a magnificent centre leagues elevated to high office well. located on the Howth Road, Killester. Two of the Many of remarks on Fine Gael’s Private prisoners working on the project were released Members’ Bill earlier today could well be from prison before its completion and they repeated verbatim in regard to the legislation returned on their own time to complete a wall now before us. I will deal with the details of the they were involved in building. That is an Bill later. I agree with Deputy Healy’s comments example of prisoners repaying their debt to about the case of Christy McGrath, the Irish society under the supervision of people like Mr. jockey in custody in the UK. I hope the Minister John Lonergan and through creative and imagin- of State will re-examine that case at the earliest ative programmes to develop society. opportunity. When discussing the issue of prisoners we The Bill, which is commendable and practical, should remain conscious of our duty to prevent provides that convicted persons can serve sen- crime and dealing with its causes. Many children tences in jurisdictions other than their own. It from violent and dysfunctional homes are at risk addresses and reflects in a down to earth way the of ending up in Mountjoy Prison. If we do not increased mobility and travel patterns which intervene to assist children from such families, no characterise the world today, an issue which I one will, an issue on which I have made sub- would like to discuss briefly. In particular I would missions to the Minister for Justice, Equality and like to address the way Shannon Airport is being Law Reform and have raised in my capacity as a used for the transfer of prisoners from one juris- member of the Oireachtas Joint Committee on diction through our national territory to a third Justice, Equality, Defence and Women’s Rights. jurisdiction. I refer in particular to a plane with It is these types of issues we should discuss when the call sign N379P which it is known is under considering this legislation. Children at risk charter to the US military. It is known that this should be our priority because they are the pris- plane has abducted and transported al-Qaeda oners of tomorrow. We have all seen the damage suspects on behalf of the US Government. It is prisoners have caused to many communities also known that this private aircraft has landed throughout the State. It is not an option to spend at Shannon Airport several times. It is unclear, \250,000 per year on keeping a young child however, if the plane has contained al-Qaeda sus- imprisoned when a little creative thinking and pects when in Ireland. Has the Minister asked the early intervention could do more. While there has US military if that is the case? It is not good been much discussion of the issue of educational enough for the Government to operate a do not disadvantage, we must deliver services to those ask, do not tell policy or for the Minister for who need them. It is no use intervening when Justice, Equality and Law Reform to cover his children reach 12 or 13 years of age. The damage ears and mouth about prisoners travelling from is already done and they are on their way to different jurisdictions landing on Irish soil. I want prison. We must intervene when they are the Minister to ask such questions. between three and five years old. Pre-school and Three months ago, Senator Henry asked the junior infant teachers are able to name those chil- Minister for Justice, Equality and Law Reform if dren at risk of ending up in Mountjoy Prison in he could assure us that untried and unsentenced future. We must face reality, be brave, take risks people are not being brought through Shannon 699 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 700

[Mr. Cuffe.] Aengus O´ Snodaigh: I echo the calls for Christy Airport from goodness knows where to Guantan- McGrath to be released. He is another victim of amo Bay. The Minister, Deputy McDowell, a miscarriage of justice in Britain. While we are assured the Seanad that any person on Irish soil discussing the Transfer of Execution of Sentence is entitled to the protection of the Constitution. Bill, we should think of the situation if the The gardaı´ in Shannon, however, tell us that they Birmingham Six or Guildford Four had managed do not inspect US aircraft; they are operating a to make their way to Ireland. If the former Mini- do not ask, do not tell policy and that is not good ster for Justice, Deputy Des O’Malley, or some- enough. It is not good enough that prisoners who one as enthusiastic about locking up republicans have not been charged and who may have been or anyone associated with republicanism, had abducted are possibly landing on Irish soil with- been in charge, their sentence would have been out the Government paying a blind bit of executed in an Irish prison. That is why we must attention. be extremely careful in dealing with such a Bill It is not good enough for the Government to that safeguards exist. If Ministers as enthusiastic as former Deputy Des O’Malley and others about tug its forelock to the US Government or any locking up republicans or any other class of other Government that is guilty of human rights people are to have the powers granted under this violations. I single out the US Government Bill, there must be safeguards in place. because we know about its record in regard to an This Bill provides that in the case of a person executive jet with the call sign N379P, which has sentenced by an Irish court who has fled from landed at Shannon Airport. Will the Minister Ireland to his or her state of nationality without assure us that untried prisoners are not landing commencing or completing the sentence, the on Irish soil? It is a seminal human rights issue Minister may request the authorities in another and while we are discussing sentences for pris- state to enforce the Irish sentence as an alterna- oners in other countries, we should pause to think tive to extradition. Equally, in the case of Irish about those who may be landing on Irish soil. nationals who have fled back to Ireland prior to I am concerned about four sections of the Bill. the commencement or completion of a sentence, There is provision in section 5 that the Minister the Minister may consent to a similar request on can make a request under exceptional circum- the sentence and the High Court may make stances for the sentence to be served if less than orders for the carrying out of the foreign sentence six months remain. Those exceptional circum- in Ireland. stances should be defined and we would like the The Minister knows that the State has an obli- Minister to clarify them in his reply. Similarly, gation to ensure the protection of the human section 7 states that a person arrested must be rights of Irish people in the case of a request for brought before the High Court as soon as poss- extradition from this jurisdiction for the serving ible. The phrase “as soon as possible” is ambigu- of a sentence imposed by another state. The State ous. It should be clarified and a specific time- also has an obligation under international law to frame set. protect and guarantee the human rights of per- In section 8 there is reference to a specific time- sons who might be required to serve a sentence frame of 18 days regarding a person arrested imposed by an Irish court in a foreign prison sys- under a warrant being brought before the High tem. I note some of the safeguards in the Bill, Court as soon as possible, and the High Court for example, that the offences involved must be must remand the person in custody pending the offences in Ireland — that is welcome — and that production of the Minister’s certificate. If this cer- the Minister must specifically designate the states tificate is not produced within 18 days, the person that can avail of the provisions, which means that others may be excluded. I have a problem in that must be released. That is too long a period in this the presumption is that all EU states would qual- instance. With today’s technology, such as the fax ify because no abuses of human rights occur machine and e-mail, it should be possible to within the EU according to the states themselves. reduce this period to seven days, a reasonable We must be careful not to create a category that length of time. excludes all states within the EU. Under section 9, the Minister may adapt the Will the safeguards in the Bill be sufficient to duration of the sentence to conform with our law ensure the full protection of the human rights of if the sentence imposed by the sentencing state is sentenced persons or will its provisions be too greater than the maximum term of imprisonment weak and imperil the rights of those individuals? to which the person would be liable if the same Does this Bill allow the State’s security concerns offence was committed here. Would this also be to override our rights or does it strike the correct guaranteed in the case of other countries? That is balance? We should tease this out on Commit- not clear in the Bill. tee Stage. This is a practical Bill but there must be clari- Republicans have our response to this Bill fication of those four sections. I hope the Minister given the history of hardship endured, especially will look beyond the detail of the Bill and con- by loved ones, as a result of unjust imprisonment sider the issues I raised about aircraft that may in British, other foreign and Irish jails over many have suspects on board landing at Shannon Air- decades of our struggle. Any legislation that will port. We should not turn a blind eye to that. reduce the likelihood of people being forced to 701 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 702 serve time in foreign prisons, and thus reduce the afforded an effective right of appeal and-or a hardship faced by their families and facilitate review of the sentence before an order can be their reintegration into their home communities made directing the execution of that sentence in on release, is welcome. However, I note that the Ireland. We will not oppose this Bill on Second Human Rights Commission has raised a number Stage but will seek to amend it on Committee and of concerns about this Bill which, if they have not Report Stages. been taken on board by the Minister before now, Will the Minister of State clarify whether the will be submitted by Sinn Fe´in in the form of proposals of the Human Rights Commission have amendments on Committee Stage. Since the been taken on board by the Government, Minister for injustice is so fond of guillotining whether it intends to do so or, if not, why they debates, especially on Report Stage, before sub- have been rejected? The current system in stantial amendments proposed by Sinn Fe´in are respect of the repatriation of prisoners who have reached, thereby preventing the public from hear- been sentenced abroad is very bureaucratic and ing our concerns about the legislation, I will take this Bill should improve the position. If people the opportunity to raise the matters now, partic- sentenced in Ireland wish to be repatriated to a ularly those we share with the Human Rights prison in Britain or Europe, we should make the Commission. process as easy as possible so that they can enjoy Will the Minister of State address those con- some semblance of family and connection with cerns one by one in his closing remarks and state the community in which they will settle on whether the concerns of the Human Rights Com- release. We should expect the same from other mission have been taken on board or how they jurisdictions. will be dealt with? In its submission to the Mini- I have been dealing with a case which the Mini- ster for Justice, Equality and Law Reform in ster for Justice, Equality and Law Reform June, the Human Rights Commission recom- initially rejected, although I hope he will examine mended that this Bill be amended to include a it again. The case concerns an Irish citizen who, provision compelling the Minister not to issue a because he did not live in Ireland prior to his request for the execution of a sentence in another sentencing, has been refused repatriation despite state where there are grounds for believing that the fact that his family and those to whom he is the conditions of detention in the requesting state connected now reside in Ireland. We need to con- are seriously deficient and are likely to result in sider such personal experiences when dealing the sentenced person being exposed to conditions with this Bill rather than deal with it coldly. constituting torture or inhuman or degrading treatment or punishment. Mr. Durkan: I congratulate the Minister of The Human Rights Commission believes that State, Deputy Brendan Smith, and his colleagues the Minister must also have special regard to the at senior and junior ministerial level who have family status and the right to family life of a per- been appointed in the past 24 hours and wish son subject to the relevant sentence. The com- them well in the execution of their duties in their mission also recommended an amendment pro- respective Departments. It is a great honour to viding that, in acceding to a request from another be appointed a Minister of the Government at country to execute a sentence in Ireland, the any level. It is an indication of the trust placed in Minister should direct in all cases that the term the Member by the people and the chief execu- of sentence to be served in Ireland should not be tive. It is an historic landmark in the life of a longer than the maximum sentence under Irish Member of Parliament and it behoves us to law in respect of the corresponding offence and recognise that fact. It is also important that, in to remove the existing discretion of the Minister doing so, we give due respect to the various to request that a higher sentence imposed in offices even if we occasionally lower the guard in another state be imposed here. the heat of battle in the House. That does not The Human Rights Commission has also called mean we have any disrespect for the offices, nor for the introduction of additional safeguards should we. I extend my personal congratulations requiring evidence from a requesting state of the to the Minister of State opposite. If his late commission of the relevant offence by the person, father-in-law were alive, he would be very proud subject to the request of transfer. It also recom- of his appointment. mended that the period of 18 days for the remand This Bill incorporates a number of changes and of a person before the production of a certificate makes various references to the Schengen agree- is required should be reduced to seven days. In ment. Will the Minister of State clarify whether the age of telecommunications and the Internet countries which are not signatories to that agree- there is no reason it should take 18 days to pre- ment are covered by the transfers envisaged by pare such a certificate and transport it to the this Bill? A number of countries, particularly our Minister in question. next door neighbour, the UK, are not signatories The commission also proposes that an explicit but I presume that, because Ireland is proceeding reference be included in the Bill for rights to with the legislation, it must apply between Ireland apply for bail as well as the right of access to pro- and the UK and other countries which are not fessional legal advice. It believes the Bill should signatories to the Schengen agreement. be clarified to provide that the High Court must Having been involved in a number of cases of ensure that the sentenced person has been repatriation of prisoners and miscarriages of 703 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 704

[Mr. Durkan.] discharged. As a result, these young men have justice, particularly in the UK, I am certain the acquired a long string of qualifications which Bill has considerable merit and can improve the have given them the wherewithal and qualifi- position. Other speakers have referred to the con- cations to pursue a life of crime and avoid and ditions prevailing in the country in which the sen- challenge the law. Society must face this problem. tence might be served and whether they conform It is also true, as the governor of Mountjoy to proper standards, which is as it should be. We Prison has repeatedly stated, that certain need to provide that prisoners are treated deprived areas of our cities and towns keep our humanely and in accordance with their sentences. prisons full and provide the prisons and courts It is important that evidence be produced in with employment. Deputy Finian McGrath and the case of a miscarriage of justice or a partic- other speakers raised this issue which we should ularly harsh sentence, for example, where par- examine to ascertain if and how we can eliminate ticular circumstances were not taken into account its causes and identify at an earlier stage what at the time of the sentencing. There should be a happens when a young person gets out of control. procedure whereby this can be reviewed with a Every Deputy will have dealt with many of the view to establishing on a statutory basis pro- countless cases of young people, particularly visions whereby, once the transfer is sought, if the young boys, who have been deemed out of con- person was guilty, he or she would not have his trol. For some unknown reason, the Courts Ser- or her sentence reduced just because he or she vice does not appear to be in a position to deal made an application for a transfer. However, if with them and they are shifted around from pillar he or she was not guilty or there were extenuating to post until they become fully fledged adults, circumstances, they could be examined in a differ- geared to carry out a life of crime. Although they ent light. This is in the context of issues which often start off committing petty crime, they have been raised many times in this House. graduate to serious offences against the person I do not want to revisit the cases such as those and so forth. of Annie Maguire, the Guildford Four or the A further exceptional area of rehabilitation is Birmingham Six which the House has discussed the treatment of sex offenders. It is important this at length. There were extenuating circumstances is available in prisons, particularly in circum- in some of those cases, although not necessarily in stances where offenders will be released. A pris- all of them. We must keep those matters in mind. oner who is repatriated may well be released The Minister of State stated the Bill would without society becoming aware of the fact. For ensure we have an effective alternative to extra- reasons beyond our control and, it appears, the dition and that a sentence will effectively follow control of the authorities in the United Kingdom, a prisoner who flees. How will a prisoner manage to flee to another jurisdiction after sentence has many prisoners convicted of serious sexual been passed? I presume the Minister of State will offences in Britain and released have sub- elucidate. While I accept these circumstances will sequently committed further serious crimes. I do arise occasionally, I am curious to learn how such not need to remind the House of recent absconding will occur to any great extent. examples. The Minister of State said: “I would like to It is essential that rehabilitation programmes emphasise that the arrangements covered by this are available in the original sentencing state and Bill, as well as those covered by the 1995 Act, are the state to which a prisoner indicates a desire intended to assist the rehabilitation and reinte- to transfer. In addition, prisoners must pursued a gration of prisoners who have been sentenced programme throughout the incarceration period. abroad, while also ensuring that the sentence is It is equally important that where prisoners are served.” The basic tenet of this approach is excel- transferred to another prison to serve the remain- lent. We do not sufficiently emphasise rehabili- der of their sentence, similar facilities are avail- tation, which is important. Several speakers quer- able and the rehabilitation programme is ied the benefit of prison on the basis that continued. conditions and peer pressure result in prisoners Given the changing circumstances in other obtaining PhDs in crime, which is not the purpose European countries, it is important that infor- of the system. Insufficient time and effort is mation on a released prisoner’s place of residence invested in rehabilitation, although I accept that is made available to the authorities, although not efforts have been made in this regard. necessarily to local people given what we know Some of those sent to prison, particularly happens in such circumstances. If the where- young criminals, have an ambition to develop and abouts of a person is not known, he or she could perfect their knowledge to enable them to re-offend and create serious problems. I empha- indulge in a life a crime. It is a serious problem sise this requirement because of a specific case in when young men openly state in radio interviews the United Kingdom in recent years in which fail- how important it was for them to have a string of ure to pass on information from one region to offences as long as one’s arm or that they had another resulted in a catastrophe. While I am managed, from the age of 12 or 14 years to their aware an inquiry was held which apportioned early 20s, to get through the system with scarcely blame, we must still learn to do this correctly a conviction. They speak of being brought to because we may end up transferring a problem court where they were given various benefits and from one part of Europe to another. 705 Transfer of Execution of Sentences 30 September 2004. Bill 2003: Second Stage 706

I cannot refer to juvenile crime without raising identify the prisoner, escapee or fugitive, as they the lack of juvenile detention places. Most of the are called, at a precise moment, but it may not be petty crime we deal with is carried out by young possible to obtain the warrant within the same boys who become notorious in their respective period. In order to ensure the prisoner does not areas. A couple of years ago, a young boy of 14 escape forever and a day, it should be possible to or 15 years of age, referred to as “the young gen- issue the warrant as soon as possible. Further- eral”, revelled in the notion that he was following more, the Minister stated that a person arrested in the footsteps of the great man. Folklore under a warrant must be brought before the High attaches to such people in their own areas where Court as soon as possible. Other speakers have they can probably terrorise people, pull off also made reference to that. I presume it means strokes, cod the Garda and do all sorts of other that the person should be brought before the things. When they go to court they greet the High Court as soon as possible after the 24 hour judge because they have been before the court period has elapsed. previously. They can continue to go through the It is important that the warrant is shown to the turnstiles without ever being detained because person whether he or she is being extradited or there are insufficient places for them. not, in this State or elsewhere. It is important to I do not understand how what is allegedly one recognise that in the event of a person being of the wealthiest countries in the world cannot arrested, the warrant needs to be available and provide a simple facility to incarcerate young issued sooner than the 24 hours specified by the hooligans for their own good and that of society. Minister. I hope some consideration might be A rehabilitation programme should be estab- given to this at a later stage. lished to help them and, in turn, the community. In general, I do not have great difficulty with We have been discussing this matter since I the legislation but I have used this opportunity to entered the House, which was not yesterday, but emphasise certain points. I believe they are fun- have not yet made any worthwhile progress. We damental to the preservation and recognition of have got a few extra places in various locations. our laws because there is, whether we like it or Every now and again Ministers mention this, and not, a serious threat to the public. The public has the current Minister has repeated it several times. expressed the view that it does not feel safe walk- This area is the responsibility of at least three ing the streets. This should not be the case and Departments, namely the Departments of Edu- until such time as there is recognition by all, cation and Science, Health and Children and particularly by criminals and young potential Justice, Equality and Law Reform, and this is one criminals, that if they disobey the law and erode of the reasons nobody accepts responsibility. the rights of others in the course thereof, there is It is a fundamental flaw in our crime preven- a price to be paid. We should never justify the tion system because it is in this system that young actions of a criminal who bashes in a door and criminals start off, obtain their credentials and beats up an elderly person, for example. Once a qualifications and learn to expect everyone to person does something like this there should be a look up to them and say how tough they are. place to put him and a rehabilitative programme I hope we can focus on these basic needs and leading to his recognising that what he did was requirements because if we do not we will be wrong and that there is a price to be paid for it. forced to do so at some time in the future and we will have to imprison offenders at a later stage Minister of State at the Department of Agri- for longer periods and for more serious offences. culture and Food (Mr. B. Smith): I thank Deputy There is no excuse in the world for the fact that Durkan for his very kind and generous remarks one can be brought before the courts for five or on my appointment as Minister of State. I assure six years and always be able to go free because him that I look forward to working with all of circumstances outside the courts’ control, such Members of this House in my new role. as a lack of custodial spaces. The main foci are On behalf of the Minister for Justice, Equality custodial spaces, the rehabilitative programme and Law Reform, Deputy McDowell, who is and the need to ensure that the place to which a away on Government business, I thank all the prisoner is being transferred treats prisoners Deputies for their contributions to this debate. I properly and that the place whence they are have taken note, as have the officials, of the com- transferred has treated him properly in respect ments made in the debate. The Minister will give of sentencing. those very considerable remarks very careful con- The Minister stated: “A warrant endorsed sideration. under sections 7 or 8 may be executed by any I remind the House of some of the essential member of the Garda Sı´ocha´na in any part of the features of the Bill and the arrangements it intro- State even if it is not in the possession of the duces. As the Minister said in his opening member at the time.” I remember having referred remarks, enactment of this Bill will enable to this previously in respect of other legislation. Ireland to accede to the additional protocol to the The Minister continued: “However, the warrant 1983 Council of Europe Convention on the must be shown to, and a copy given to, the person Transfer of Sentenced Persons. It will also enable arrested at the time of arrest or within 24 hours Ireland to operate a certain part of the Schengen thereafter.” I can understand why this provision convention package into which it has already is included. For instance, it may be possible to opted. The arrangements covered by this Bill are 707 Transfer of Execution of Sentences Bill 30 September 2004. 2003: Referral to Select Committee 708

[Mr. B. Smith.] or not. Having read up on that case, it is one that intended to assist the rehabilitation and reinte- concerns me as a possible miscarriage of justice. gration of prisoners who have been sentenced Deputy Finian McGrath gave a general wel- abroad while also ensuring the sentence is served. come to the Bill and also mentioned the wider The person’s rehabilitation and reintegration will preventative aspects. Deputy Cuffe thought the be facilitated by allowing the person to serve the Bill commendable and made some comments on sentence in his or her home state, closer to family transit through Shannon. Those points have been and without linguistic and other difficulties. noted. There is a requirement of 18 days for The Bill will also ensure we have an alternative receipt of requests after provisional arrest and to extradition. Currently, where a person flees that is too long according to Deputy Cuffe. The from the sentencing state to his or her home state, situation is that it is the same period as under the the sentencing state has just one option if it Extradition Act. Deputy O´ Snodaigh referred to wishes to ensure the sentence is served, namely, safeguards and human rights protections. I assure to request the person’s extradition. Once this Bill the Deputy and the House that the same safe- is enacted, it will be possible for the sentencing guards are available as under the European arrest state to rely on an additional option, namely, that warrant, including respect for the European Con- the person should serve the sentence in the home vention on Human Rights. The Minister will put state. That is a significant benefit to the sentenced forward appropriate amendments on Committee person while also ensuring that the sentence is Stage. served. Deputy Durkan referred to the Schengen The Minster for Justice, Equality and Law agreement. This agreement applies in all EU Reform will consider the various issues raised. I member states, Iceland and Norway, but not in know Deputy Jim O’Keeffe, in his contribution, Ireland and the UK. Both Ireland and the UK questioned the numbers transferred under the are in the process of joining part of Schengen, 1995 Act, which followed on from the 1983 con- which includes the present proposals. The Bill is vention. The figures available to me, as of Sep- necessary to provide the proper legal basis for tember 2004, indicate that 102 prisoners have these arrangements. Deputy Durkan again been transferred into the State, 57 prisoners have stressed the importance of rehabilitation and this been transferred out of the State, 266 applications is the central aim of this particular legislation. for transfer have been received by the State and Deputy Durkan also referred to the details of a 182 applications have been made for transfer out production of a warrant. These provisions are the of the State. It is very important to put those fig- ures on the record of the House. same as under the Extradition Act. Deputy Jim O’Keeffe asked why this legis- The Minister for Justice, Equality and Law lation is being introduced. It is part of the com- Reform drew attention to the safeguards of the mitment Ireland has accepted under the Bill in his opening remarks. There are several of Schengen convention. The Deputy also asked if it them and they are significant and substantial. I would apply only where a person was convicted emphasise those provisions that ensure that we in his or her absence. Generally, it will apply to will operate the arrangements in this Bill only persons who have escaped or otherwise fled from with states whose systems we trust, and that the the sentencing state. Deputy Durkan referred to safeguards available to someone who is the sub- this matter at length. ject of an extradition request or a European Deputy Jim O’Keeffe also questioned section arrest warrant also apply under this Bill. I reiter- 4. Under this section, Ireland will apply the sys- ate that the Minister will be giving further con- tems with states that are designated. Designation sideration on Committee Stage to some of the means that we must be satisfied with the criminal issues raised in the thoughtful contributions of justice system in the sentencing state. A desig- the Members. I am pleased to commend this Bill nated state must have ratified the protocol but to the House. that is not of itself enough. Deputy Broughan gave a general welcome to Question put and agreed to. the Bill and indicated he would be putting for- ward amendments for Committee Stage. These Transfer of Execution of Sentences Bill 2003 will be considered by the Minister. [Seanad]: Referral to Select Committee Deputy Healy again raised the case of Irish nationals abroad where a miscarriage of justice Minister of State at the Department of Agri- may have arisen. In my capacity as co-chairman culture and Food (Mr. B. Smith): I move: of the British-Irish Inter-Parliamentary Body, I That the Bill be referred to the Select Com- met the family and other persons concerned mittee on Justice, Equality, Defence and about the detention and sentencing of Mr. Women’s Rights, in accordance with Standing McGrath, a native of Tipperary, who is being sen- Order 120(1) and paragraph 1(a)(i) of the tenced in England. I know that Deputy Healy, Orders of Reference of that committee. along with some members of the House of Com- mons in Britain, has been very active in cam- paigning to discover if Mr. McGrath got justice Question put and agreed to. 709 Priority 30 September 2004. Questions 710

Sitting suspended at 2.45 p.m. and resumed at initiative. My Department is currently engaged 3.30 p.m. with a number of other Departments and State agencies with a view to securing further land to Ceisteanna — Questions. reach the agreed target of 10,000 units. Construction has commenced on the Finglas Road site which will yield 160 housing units, 80 Priority Questions. of which will be delivered next year. A number of other projects has been advertised for ———— expressions of interest, including the St. Bricin’s military hospital site which was advertised as part Social and Affordable Housing. of the O’Devaney Gardens redevelopment and 1. Mr. Allen asked the Minister for the Envir- will eventually supply 200 housing units. Follow- onment, Heritage and Local Government the ing a shortlisting process, it is understood the number of houses started and completed arising request for proposals for the St. Bricin’s site will from the commitments made under Sustaining be issued next month. Progress with the social partners that 10,000 extra The Jamestown Road and Infirmary Road pro- houses will be built during the lifetime of the jects were advertised last week and will yield a agreement (details supplied). [22672/04] combined total of 465 housing units. All projects are being progressed as a priority with activities 2. Mr. Gilmore asked the Minister for the being paralleled as necessary with a view to early Environment, Heritage and Local Government delivery of units. the number of social and affordable houses built I assure the House that the necessary structures to date under Part V of the Local Government have been put in place at central and local level (Planning and Development) Act 2000; if he has to oversee and expedite projects with a view to satisfied himself at the numbers built to date; if early delivery of housing units. It is not possible, he has plans for measures to ensure that more however, to dispense with mandatory planning houses are built under this provision; the number and procurement procedures which necessarily of houses started and completed to date under take some time to complete before construction the commitment included in the Sustaining Pro- commences. gress agreement to construct 10,000 affordable My Department will continue to work with the houses; and if he has satisfied himself with the parties to the pay agreement to expedite effective progress being made with regard to this commit- implementation of the initiative. There is a strong ment. [22811/04] commitment in Government to deliver on this Minister of State at the Department of the initiative and the substantial progress made to Environment, Heritage and Local Government date emphasises this commitment. I am satisfied (Mr. N. Ahern): I propose to take Questions Nos. that both measures are an effective response to 1 and 2 together. housing needs, particularly for first-time buyers, The affordable housing initiative under Sus- and will result in an increased supply of social and taining Progress and the Part V mechanism are affordable housing. major elements of the Government strategy for the provision of social and affordable housing and Mr. Allen: I would like the Minister of State to are expected to deliver substantial output over deal with my question which relates specifically the coming years. In addition to longer estab- to the commitment made by the Government lished programmes, which are operating this year with the social partners under Sustaining Pro- with total Exchequer and non-Exchequer funding gress. I do not want him to use the three card of \1.8 billion, this represents a significant and trick system and lump the Part V development growing investment in social and affordable in with the commitments made. The commitment housing. under Sustaining Progress was for 10,000 extra To date, under Part V agreements with devel- houses. After the mid-term review of the agree- opers, a total of 315 social and affordable housing ment, how many houses have been completed to units were acquired by local authorities up to the date and how many will be completed by end end of June 2004. Part V continues to gather 2004? Will the Minister of State project the more momentum. A total of 2,500 social and affordable caring attitude of Fianna Fa´il by giving us guaran- units are now planned or proposed. It is clear that tees that not only will he meet the commitments the Part V measure is now bearing fruit and that made under Sustaining Progress, but also address it will contribute significantly to the provision of the issue of 50,000 families on local authority social and affordable housing. waiting lists throughout the country, many of Under the affordable housing initiative, sub- whom are waiting up to eight years for housing? stantial progress continues to be made. Part V Can I have specific answers to my specific ques- affordable units are an important contribution to tions on the promises made to the social partners the initiative. Furthermore, over 50 projects on under Sustaining Progress? State and local authority lands are planned. It is projected that these projects, together with some Mr. N. Ahern: I combined both questions 2,100 affordable units coming under Part V, will together in my reply. The Deputy is probably try- deliver a total of approximately 8,900 units to the ing to zone the matter down to the State-owned 711 Priority 30 September 2004. Questions 712

[Mr. N. Ahern.] being done. There will be much progress from sites. No houses have been built on those yet. The now on and much work is going on behind the first announcement on them was in the summer scenes. In the real world it takes at least five years of last year. As we all know, any developer in the from the time people buy a site to the time the private sector will tell us that from the time they first house is produced. We hope to beat that. buy or acquire possession of a site to the time the first house is built is about five years. The 10,000 Mr. Gilmore: In the real world people would houses promised included the 8,900 sites which build a house in five years if they were using a have been identified from the 50-odd patches of teaspoon rather than a JCB. The Minister of Government land. They also include what is com- State used the term “momentum” with regard to ing from Part V. Therefore, 315 units have the affordable housing programme. Would he already been provided under Part V and a con- describe it as “good momentum” that in four siderable number, 2,500, are proposed. Some years since Part V came in, a total of 315 houses 1,056 units are in progress and 1,400 are have been provided? Would he describe it as proposed. “good momentum” that the promise of 10,000 affordable houses, which was made to the social Mr. Allen: Not one house has been built under partners in Sustaining Progress, has today turned Sustaining Progress. out to be a promise of only 8,900 houses, of which none has been built and on which no work has Mr. N. Ahern: Some 315 of the Part V ones been started? Some 10,000 affordable houses have been built—— were promised under Sustaining Progress and the Minister of State says 2,000 affordable houses are Mr. Allen: An extra 10,000 houses were promised or planned under Part V, a total of promised. 12,000 houses. How many of them will be con- structed in the lifetime of the Government? Mr. N. Ahern: If the Deputy seeks clarification he can ask the social partners—— Mr. N. Ahern: I have replied to those ques- tions. A total of 315 have been built to date under Mr. Allen: I am asking the Minister of State, Part V. who is responsible—— Mr. F. McGrath: That is a disgrace. They could An Leas-Cheann Comhairle: Allow the Mini- be built in a few months. ster of State to reply without intervention. Mr. N. Ahern: A total of 1,056 are under Mr. N. Ahern: If the Deputy does not take my construction—— word for it, Sustaining Progress includes, and always did, the Part V project. Mr. F. McGrath: In Wicklow.

Mr. Allen: No, it did not. Mr. N. Ahern: ——and 1,438 are at different stages of planning. Three affordable housing Mr. Gilmore: It did not. schemes are in operation.

Mr. N. Ahern: Since the Deputy put the ques- Mr. Gilmore: We know all that. How many will tion to me, let me tell him—— be built in the lifetime of the Government?

Mr. Allen: The word “extra” was involved. Mr. N. Ahern: No houses have been produced under what the Deputy regards as the Sustaining An Leas-Cheann Comhairle: Allow the Mini- Progress initiative on Government-owned land. It ster of State to continue. He is in possession. takes time to get such schemes up and running. Last year 2,600 units were constructed under the Mr. N. Ahern: ——that the 10,000 includes the shared ownership scheme. sites the Government gave up—— Mr. Gilmore: The Minister of State should stick Mr. Allen: The social partners have been—— to the question.

An Leas-Cheann Comhairle: Deputy Allen Mr. N. Ahern: I want to outline the complete should wait until he is called upon. picture.

Mr. N. Ahern: ——and Part V. However, on Mr. Gilmore: How many houses will be built the matter of the 50-odd sites offered by the before the Government leaves office? Government for the programme, the first announcement was in the summer of last year. Mr. N. Ahern: A total of 2,600 were built last No physical work has commenced on those yet. I year. mentioned that two of them, Infirmary Road and Jamestown Road, sought expressions of interest Mr. Gilmore: That is not true. A total of 315 in the newspapers last week. That is how it is have been built in four years. 713 Priority 30 September 2004. Questions 714

Mr. N. Ahern: I hope the number can be of the national development plan estimates set in increased this year so that between 2,500 and 2000. Despite significant progress in output, it has 3,000 affordable houses will be built per year. not been possible to achieve a number of the physical output targets due to higher than antici- Mr. Gilmore: We can expect, therefore, that pated construction costs. the maximum number of houses that will be built The Government’s decision to introduce five- if the Government runs its full term is between year multi-annual capital investment programmes 5,000 and 7,000. Is that correct? provides an important opportunity to ensure a structured basis for the planning and delivery of Mr. N. Ahern: No. all social and affordable housing programmes. Consequently, to maximise the benefits of this Mr. Gilmore: That is approximately half the multi-annual approach, local authorities have number the Government told the social partners been requested to prepare five-year social and it would produce in the lifetime of Sustaining Pro- affordable housing action plans. These action gress, which expires in less than 18 months. plans are being assessed by my Department in consultation with local authorities and will be Mr. N. Ahern: Last year 2,600 affordable agreed by end of 2004. houses were built. We expect that number to The Government has been responding to the increase to 3,000 per year. The 10,000 houses increased level of social housing need by promised under Sustaining Progress will be built. expanding social and affordable housing output A substantial number of houses will be not be significantly. Last year the highest output under completed on Government-owned land until 2006 the range of social housing measures for more or 2007 and it is expected that approximately than 15 years was delivered. It is estimated that 3,000 a year will be built on these sites. I do not total social housing output last year, taking know when the Government will leave office and account of new local authority housing, vacancies perhaps not all of the 10,000 houses will be built arising in existing houses and output under other by then but they will be under way and that is social housing measures, met the needs of important. approximately 13,600 households compared with Under Part V, builders and developers have just over 8,500 households in 2000. secured many planning permissions and they are The focus of the Government’s spending on working on many sites. The value of these devel- housing is on responding to the needs of low opments will not be achieved on day one. They income groups and those with social and special still have a stockpile of planning applications. housing needs through a broad range of targeted initiatives. It is anticipated that, through these Mr. Gilmore: One could expect more than 315 measures, the needs of more than 13,000 house- houses to be built in four years. holds will again be met in 2004.

Mr. N. Ahern: No, one would not. The Deputy Mr. Morgan: The Minister of State only answ- must realise how the system works. ered part of my question. He must have thought he was still dealing with the media in so far as he Mr. Allen: The problem is the system does not replied to a question that he felt I should have work. Planning permission must be achieved asked. I asked about increasing social housing before developments can commence and devel- input to meet greater need. Is social housing opers seek extra permissions before doing so. stock in serious decline, particularly as a result of local authority tenants buying their houses? How Mr. N. Ahern: These developments will have will social housing need be met? The deputy city significant value in terms of their contribution to manager of Dublin City Council has proclaimed social and affordable housing but they will not that he would like to get away from social hous- click into place overnight. ing provision altogether. Given that the Minister of State is not address- Mr. Gilmore: The Minister of State does not ing this issue, why does he refuse to meet Oppo- know how many houses have been built or how sition party spokespersons on housing to discuss many will be built. it? I have sought a meeting with him but I have not been offered such an opportunity. Do we Mr. N. Ahern: I have replied to the questions. have a say on this issue? Does he not believe that 3. Mr. Morgan asked the Minister for the what we say counts for anything? We are not Environment, Heritage and Local Government if looking to him to come into the House to read he remains committed to one of the key housing out reams of statistics. That will not house the priorities contained in the national development 48,000 families on local authority waiting lists. plan, namely increasing social housing output to What will the Minister of State do to increase meet rising needs. [22908/04] social housing output to meet increased demand? A promise was made in this regard in the national Mr. N. Ahern: Funding for housing under the development plan but it has not been kept. Waf- national development plan has to date exceeded fling on about statistics means nothing. The lack the projected figures set in 2000. Total expendi- of provision of social housing under Part V has ture on housing from January 2000 to the end of been mentioned. Social housing is only being pro- 2003 at just under \5.32 billion was 10% ahead vided in token numbers. What will happen? What 715 Priority 30 September 2004. Questions 716

[Mr. Morgan.] Minister for the Environment, Heritage and is the position of the Minister of State on meeting Local Government (Mr. Roche): The Depart- Opposition party spokespersons to discuss this ment has been examining the development con- issue? sent legislation to ensure we have the best poss- ible system for the timely and cost effective Mr. N. Ahern: Local authority housing stock is delivery of infrastructure. There is a wide consen- not in decline. It has increased to approximately sus that Ireland should have a regulatory system 105,000 units but many local authority tenants for major infrastructural projects which delivers have been buying their houses under the sale infrastructure in the right place at the earliest scheme for years and the rate of construction has possible time and on budget while mitigating its not met the demand under the scheme. However, effects on the environment and people. Such pro- I fully support the scheme. jects should also comply with all relevant national and international legal requirements. Having Mr. Morgan: Those houses are not being examined the problems which have arisen in this replaced. area, we consider that legislation is desirable to address issues arising in the approval process. Mr. N. Ahern: If Sinn Fe´in is opposed to the Due to the complexity of the issues involved sales scheme, it should say so loud and clear. and the need to consult widely among my col- leagues, the preparation of draft legislative pro- Mr. Morgan: I am in favour of the scheme but posals has taken some time. The legislation is the houses should be replaced. now, however, at a very advanced stage. In advance of the Government making a decision on Mr. N. Ahern: The Department’s thinking these proposals, it would be inappropriate to relates to building units but it is also very much elaborate on their detail including details of the about building sustainable communities. The types of national infrastructure which may be Department’s deeply held view is that tenants included in the proposed legislation. In general should aspire to buying their own homes because terms, it is intended to reduce the time required it is a significant move in putting down roots. We for obtaining development consent for necessary do not wish to return to schemes that were run in major public projects and to co-ordinate and the 1980s. streamline the different procedures involved A submission by Dublin City Council has been while respecting the requirements of environ- received by my Department but it has not mental and heritage protection and the need for reached my desk. It was made by the members, a adequate public consultation. number of which represent the Deputy’s party, not the manager. I am a little surprised that the Mr. Allen: This fast-track legislation which was Deputy and councillors from various parties, promised over a year ago appears to have hit the including my own, have engaged in letter writing slow lane. It is commonly known that the delays and media interviews about this issue. I wonder have been due to major differences between whether this initiative emanates from certain Ministers with Deputy Cullen in favour of includ- people working for the council or the city coun- ing incineration projects. I congratulate Deputy cil itself. Roche on his appointment as Minister, which per- haps makes it a little premature to ask him his Mr. Morgan: Will the Minister of State meet personal opinion on whether incineration should with us? be included in fast-track legislation. What is the Minister’s overall view of incineration as part of Mr. N. Ahern: This is coming from certain waste management policy? people in the council or part of the city council. Mr. Roche: I thank Deputy Allen for his good Mr. Morgan: I have asked the Minister of State wishes. As every Member of the House is aware, for a meeting, but he did not agree. the waste framework directive as amended estab- lishes the basic principle of dealing with waste in Mr. N. Ahern: Maybe Deputy Morgan should an environmentally friendly and sustainable way. speak to some of his councillors. To the degree that is possible, there is a waste hierarchy of reduction, reuse, recycling and recovery of which we are all aware. The use of Mr. Morgan: Maybe the Minister of State modern, clean thermal facilities with heat energy should speak to me. recovery constitutes an important part of any sus- tainable waste management policy. Landfill, Planning Issues. which we still use to a predominant extent, should 4. Mr. Allen asked the Minister for the Envir- and will be used only for residual waste. This onment, Heritage and Local Government the extensive policy is supported in the programme reason for the delays in introducing legislation for Government and very much accords with my promised in 2003 to enable major infrastructural views. After all, I live in and represent a county projects to be fast-tracked through the planning which has featured more than most in the context process; and if incinerators will be included in the of the dreadful waste disposal problems we have. type of projects to be defined in the legis- I am not prepared to see the garden of Ireland lation. [22673/04] despoiled further. A coherent policy must be 717 Priority 30 September 2004. Questions 718 introduced and a willingness to deal with the orities are provided with the resources to beef up problems demonstrated. Deputy Allen does some their enforcement sections? Across the country, disservice to the legislation in this very complex the weakness is that there is a lack of personnel area. We are all aware of the complications which and resources to enforce the planning laws. have arisen and we are aware of the need for the legislation to which the Deputy referred. The Mr. Roche: While I hesitate to disagree with initial proposals for this legislation were Deputy Allen, I must disagree with him on this announced in July 2003. It is a difficult process matter. Over the not too distant past, there has and to establish the correct balance takes time, been a failure of willingness rather than of but we are working on the legislation and we will resources to deal with this issue. I draw the produce it. Deputy’s attention to public representatives from my party and others who were indicating con- Mr. Allen: I do not know what the Minister cerns for up to five years before action was taken. meant when he said I was doing the legislation a That is not good enough. As was highlighted in disservice by asking relevant questions. Surely, an RTE programme, where members of the that is my job. The Minister raised the issue of public or political members of local authorities illegal dumping in the garden of Ireland. Is he indicate concerns, there should be active pursuit prepared to ensure the local authority will take of those involved in illegality. all necessary steps in the courts to deal with some Certainly, there has been no indication that the of the significant players who have been involved problem is one of resources. The Deputy will in illegal dumping? Among them are some very understand that it takes time to put together a big names which I will not mention. The Minister case which will hold up in the courts. While we has made many statements about illegal dumping all accept that evidential requirements are very in Wicklow and said the full rigours of the law strong, there is full encouragement from my should be used against major companies. As he is office to all local authorities in this regard. If local now the man in charge, will the Minister put his authorities feel there is a particular resource words into action? issue, I would like to hear from them. In the past, the problem has not been in this area. Mr. Roche: Deputy Allen is correct. I have taken a great interest in this issue and been to the Mr. Allen: We shall see. forefront, particularly in my county, in high- lighting the problem and requiring local auth- House Prices. orities to take action. That is widely accepted. I was not alone but was one of a handful of public 5. Mr. Gilmore asked the Minister for the representatives involved. Environment, Heritage and Local Government if he has received the report of the NESC on hous- Deputy Allen asked whether the large as well ing and building land; when it is expected that the as the small players should be prosecuted. It is report will be published; if he has completed his my belief that nobody is above or beneath the consideration of the results of the research he law. Its full rigours must be visited upon those commissioned from a company (details supplied) who have done so much environmental damage. into the ownership and control of building land It is simply unacceptable that the burden of deal- in certain development areas, particularly Dublin, ing with their past behaviour should fall on tax- to determine whether current practices are payers. To answer the Deputy’s question, I will retarding the overall delivery of building land or be as active as before in promoting this position impeding long term market stability; when the in County Wicklow and elsewhere. Where there results of the research will be published; and if he has been transgression, I will insist the existing will make a statement on the matter. [22973/04] legal base is used with effect by local authorities to prosecute such action as is necessary. Mr. Roche: My Department continues to exam- Deputy Allen asked specifically about incidents ine possible measures to moderate land costs for in Wicklow. I have been to the fore in encourag- housing and other essential public infrastructure ing a position in which local authorities prosecute with a view in particular to identifying policy irrespective of status or size. I pay tribute to initiatives capable of early implementation to Deputies Cullen and Noel Dempsey and to those deliver an increased supply of affordable housing. who have not been in office but have been as con- This touches on the issues debated in the House cerned about the matter as I have. I assure earlier. Deputy Allen that the energy I put into the issue As part of this process, my Department is con- as a mere councillor will be reflected in my efforts sidering in detail recommendations contained in as Minister. As recently as today, I have made the ninth progress report of the All-Party Com- it clear that I expect action to be taken in the mittee on the Constitution on the subject of prop- areas outlined. erty rights. My Department is also considering the report on ownership and control of building Mr. Allen: While the Minister can say he land which was commissioned from Goodbody expects action to be taken, the major weakness of economic consultants. As Members of the House local authorities is that they lack the resources for will know, the National Economic and Social enforcement. Will the Minister ensure not only Council has conducted a major study on housing that legal action is taken irrespective of the size and land policy and its report, which is expected of the groups involved, but also that local auth- to be finalised shortly, will also be very relevant 719 Other 30 September 2004. Questions 720

[Mr. Roche.] report of the all-party committee on building land in this regard. As already indicated, it is intended is in the public domain. What is the secrecy sur- to publish the Goodbody report in conjunction rounding the Goodbody report? It was never with the NESC report. intended that the report would go to the NESC Given the positive work the NESC has done, although I am sure it is interested in the report we should await the publication of its report with and would receive it when published. Sending the great interest. Certainly, I do. Past reports on Goodbody report to the NESC is a delaying tactic housing produced by the NESC have been mod- and an excuse for not publishing it. I appreciate els in terms of the writing and the logic which this is the Minister’s first day at the Department. underpinned them. He is a fresh pair of hands. Given that we do not know when the NESC report will be published, Mr. Gilmore: I join my colleague, Deputy will he consider publishing the Goodbody report Allen, in congratulating Deputy Roche on his as soon as he has had an opportunity of studying appointment as Minister. I wish him well in office. it? I do not see any reason that report should not The Minister will be aware that the Goodbody be in the public domain. report, which was commissioned by his prede- cessor rather than the NESC, has been in his Mr. Roche: The Deputy has made a reasonable Department since last December. suggestion. I do not believe there is an obvious While I appreciate he has had less than 24 intent to obfuscate the report nor do I believe hours to consider its contents, his Department has there is much point in taking an incrementalist had nine or ten months to do so. Why is the approach in this regard. I will take the Deputy’s report not being published? Will the point on board should there be any undue delay 4 o’clock Minister give the House a commit- in publishing the NESC report. ment that he will publish it? Can he shed any light on why the NESC report is taking Other Questions. so long? An article in a newspaper some weeks ago purported to contain a version — I do not ———— know what validity attached to that version of the report — of what was included in the NESC Nuclear Safety. report, including a recommendation that State assistance be provided to first-time buyers by way 6. Ms Shortall asked the Minister for the Envir- of deposits on houses and on certain measures onment, Heritage and Local Government the information available to his Department on the related to multiple home ownership and so on. progress made regarding the vitrification of the Is a row in the NESC between certain interests highly active liquid waste stored at the Sellafield delaying publication of the report? Is the Minister complex; when it is estimated that the process will prepared to ask the NESC to publish the working be completed; and if he will make a statement on documents under consideration by it? the matter. [22594/04] Mr. Roche: I am not in a position to speculate Mr. Roche: The vitrification plant at Sellafield, on whether there have been disagreements within which came into operation in 1991 with two vitri- the NESC and if that explains the delay in pub- fication lines, encapsulates the liquid high level lishing the report. There are diverse views within radioactive waste held in storage tanks at Sella- the NESC. The Deputy will be aware from the field into glass blocks. This is a more stable form procedures to which the NESC operates that pap- of storage and reduces the risk of leakages and ers will be circulated. It was always my under- subsequent radioactive contamination of the standing that the NESC report was due in the environment. autumn and in that regard it is not that overdue. As a result of technical problems with the vitri- I believe it is worth waiting for given that past fication plant, throughput performance over the reports on this area by the NESC, in its previous years has been well below that expected. One guises, have been worthwhile. I am not in a posi- could say the same about BNFL. However, my tion to comment on whether the press reports are Department understands from the relevant UK a preview of what will be contained in the final Government department and the UK health and report as it is not yet available to me. safety executive that improvements have been The Deputy is correct in saying the Goodbody made to the original two vitrification lines and report was completed last year. I think it was that because of these improvements, throughput completed in December 2003 though I stand to has increased steadily. A third vitrification line be corrected on that. However, that was but one aimed at increasing vitrification capacity has input into what is a multifaceted approach to recently gone into full operation. studying the particular problem. Deputy Gilmore As the House will be aware, British Nuclear can be assured it will be published with the NESC Fuels Limited was given a direction in January report. When we have both reports, they can be 2001 by the UK health and safety executive’s considered in totality. nuclear installations inspectorate to reduce, by way of vitrification, the amount of liquid waste in Mr. Gilmore: Why can it not be published sep- the storage tanks to a small buffer stock volume arately? The Goodbody report dealt with a spec- by July 2015. My Department understands that ific dimension of this problem — the ownership BNFL continues to comply with this direction of development land in the Dublin area. The and is on track to meet the 2015 deadline. The 721 Other 30 September 2004. Questions 722

Radiological Protection Institute of Ireland has be allowed to fall into all areas of public admin- been asked to maintain contact with the UK’s istration, and that applies in the case of BNFL to nuclear installations inspectorate with a view to all areas of Sellafield. Both the Irish and British monitoring progress in regard to the deadline. public will be greatly assured if there is indepen- The RPII and the Government are concerned dent observation and scrutiny of what happens in about the continuing storage of this highly active that plant. It would be good if the authorities waste in liquid form in tanks at Sellafield and could adopt a more forward looking and pro- have been pressing, and will continue to press, gressive view. I will take any opportunity avail- the UK authorities to accelerate the rate of vitrifi- able to me to impress that upon my British cation. This liquid waste arises from the repro- colleagues. cessing operations at Sellafield. As such, the need for vitrification will ultimately cease when the House Prices. production of the liquid waste also ceases. The 7. CaoimhghınO´ Caolain asked the Minister Government will, therefore, continue to use ´ ´ for the Environment, Heritage and Local available avenues, both diplomatic and legal, to Government if he will report on progress in the bring about an end to reprocessing operations at implementation of the recommendations of the Sellafield, an issue on which all sides of the House All-Party Committee on the Constitution, in par- are in agreement. ticular, with regard to the ninth progress report on private property; and if he will make a state- Mr. Gilmore: Is the Minister of State satisfied ment on the matter. [21565/04] with the June-July 2015 target for completion of the vitrification process? Does he have a view on 9. Mr. Gilmore asked the Minister for the how much that deadline, which is 11 years away, Environment, Heritage and Local Government could be reduced? Can he give a commitment to the progress made to date with regard to his the House that he will pursue with the UK auth- Department’s consideration of the report of the orities a shortening of that deadline? All-Party Committee on the Constitution on property rights; his views on the findings of the Mr. Roche: I agree with the Deputy that 2015 committee that legislation can be introduced to is a long time away. As Keynes once said: “In the cap the price of building land without the require- long run, we are all dead.” This and successive ment for a constitutional amendment; if he Governments have been concerned about the intends to introduce legislation to give effect to risks associated with highly active liquid waste this recommendation; and if he will make a state- and have encouraged the acceleration of the vitri- ment on the matter. [22559/04] fication process. I will remind my UK colleagues on every occasion of the concern of Members on Mr. Roche: I propose to take Questions Nos. 7 all sides of the House and of people throughout and 9 together. the island on this matter. I will take on board I refer to the reply to Question No. 5 of today Deputy Gilmore’s advice should the opportunity in which I indicated that my Department will con- present itself. sider together the ninth progress report of the All-Party Committee on the Constitution, the Mr. Allen: When I raised this matter with the report on ownership and control of building land Minister of State’s predecessor I was told the UK from Goodbody Economic Consultants, and the authorities and, specifically, British Nuclear Fuels forthcoming report of the National Economic and continue to refuse to grant the inspectorate of the Social Council on housing and land policy, with a Radiological Protection Institute of Ireland view to proposing policies which can be access to certain areas of the plant. Perhaps this implemented quickly and would deliver an Minister of State will use this opportunity to increased supply of affordable housing. speak with his British counterpart in an effort to The All-Party Committee on the Constitution gain full access for the inspectorate to areas of concluded that, having regard to modern case the plant closed to inspection. law, it is likely that the central recommendation I know that security arrangements are not of the 1973 Kenny report — that land required available for public consumption but I have asked for development by local authorities should be and suggested on a number of occasions that the compulsory acquired at existing use value plus Taoiseach be briefed by the British Prime Mini- 25% — would not be found to be unconsti- ster on the adequacies of security at Sellafield tutional. Based on this assessment, the committee against terrorist attacks. During my last visit to recommended that this designated area scheme Sellafield I was concerned about the admitted should be re-examined with a view to its imple- increased levels of discharges of radioactive waste mentation, following such modifications as are into the Irish Sea in the future and with the lack necessary or desirable in the light of later of information regarding adequate security experience. measures. As a sovereign State which could be The committee also identified a number of affected by any incidents at Sellafield we are different mechanisms that could be considered as entitled to such information. an alternative to the designated area approach to recover betterment, including development lev- Mr. Roche: I agree with the Deputy. A judge ies, planning gain and new taxation initiatives. It of the Canadian High Court made the point many has also been suggested that, notwithstanding its years ago that the light of public scrutiny should view on the constitutionality of the Kenny pro- 723 Other 30 September 2004. Questions 724

[Mr. Roche.] years. Successive Governments since the report posals, change along the lines recommended in was published have done nothing, although the 1996 by the Constitution Review Group — that crisis was not as serious then as it has become in existing constitutional provisions concerning recent years. Will the Minister indicate when the property rights would be replaced by a single new report of the committee will be dealt with? Is provision — may be desirable. That will require there a timeframe? Is the Department actively constitutional change. examining it? The Taoiseach welcomed the Overall, these recommendations raise complex report when it was published. legal, financial and practical issues which merit I am discouraged by the Minister’s comments and are receiving careful consideration by my on Part V that he hopes it will remedy all the Department. In particular, the designated area problems in housing. That part of the Planning scheme proposal would have significant impli- and Development Act was gutted by his prede- cations for the role of public authorities and the cessor, leaving it worthless. It is no longer an operation of the building and, especially, the option for local authorities. housing markets. In this regard, the All-Party Committee on the Constitution explicitly Mr. Roche: There is no magic bullet solution acknowledged that even if the constitutional issue to this and we must be honest about that. If there was settled, practical concerns about the pro- were, some Minister would have solved the prob- posed scheme would require rigorous analysis. lem at some point over the years. Deputy Morgan Meanwhile, the operation and future potential is right that there is a pressing need. One of the of Part V of the Local Government (Planning and by-products of extraordinary economic success Development) Act 2000 as a mechanism for the has been that although we have produced record provision of social and affordable housing should numbers of houses, these difficulties still continue be emphasised. As a public representative, I have to exist. indicated concerns about the slow pace at which The Kenny report has been debated over a it has moved but it is now making progress. Fol- long period. The contention that the consti- lowing its amendment in December 2002, activity tutional issue has melted away is questionable. It under Part V has increased significantly. More would be subject to further test. I have already than 300 social and affordable housing units were outlined the process I have envisaged, with the acquired through Part V agreements in the first reports from Goodbody Economic Consultants six months of 2004, and it is anticipated that some and the NESC being published at the same time. 500 units will be provided over the full year. This I hope that will be done as quickly as possible. compares with delivery of only 46 affordable units in 2002 and 163 social and affordable units Mr. Morgan: Does the Minister have a date in 2003. I accept that those are low rates of com- for that? pletion, but everyone who has experience in this area knows that planning permissions that are Mr. Roche: I will not venture to give a date 23 already in operation were not covered by any hours after my appointment but I will try to element of retrospection. More than 2,400 social ensure there is no undue delay. and affordable units are under construction or proposed on foot of Part V agreements, and sig- Mr. Gilmore: Notwithstanding the fact that the nificantly increased output under Part V is Minister has been in office less than 24 hours, this expected to continue over 2005. Like many public is an area about which he should have a view and representatives, I have spoken to the planning he should share that with the House. Does he authorities in my own area and urged more deliv- agree with the Taoiseach’s contention when he ery under the Part V process which is a good sys- decided to refer the issue of private building land tem but has still not been fully tested. to the all-party committee that the cost of build- ing land is at the heart of high house prices and Mr. Morgan: I join with my colleagues in con- must be addressed? Does he accept that the Taoi- gratulating the Minister — comhghairdeas do´ — seach referred the issue to the all-party commit- and I hope we enjoy a better relationship with tee to establish if there was a constitutional him than with his predecessor. impediment to dealing with this through legis- This report was handed over in April but its lation? Will the Minister bring legislation before substance has existed for more than 30 years, the House to deal with the high cost of building since the report of Judge Kenny in 1973 identified land, which now contributes 45% to the price of exactly the same solutions. I agree with the Mini- the average new house in Dublin? ster that the constitutional view of the committee, albeit based on the advice of senior counsel, has Mr. Roche: I seldom disagree with anything the not been tested. Part V, however, has been tested Taoiseach says, particularly not on my first day in the Supreme Court and that has addressed in office. much of the constitutional issue. To implement this report, therefore, the Government, specifi- Mr. Gilmore: The Minister is still in the com- cally the Department of the Environment, Heri- fort zone. tage and Local Government, must deliver on this issue. Mr. Roche: There is a self-evident relationship The problems that pertained in the early 1970s between the problems of the supply of building in housing have multiplied several fold in recent land, the cost of building land and the thorny 725 Other 30 September 2004. Questions 726 issues of zoning and services. It is not a simple Mr. Roche: That is correct. We have already issue. Notwithstanding the basic conclusion of the dealt with Part V. I hope we will see rapid pro- all-party committee on the constitutionality of the gress but I do not know when to expect the NESC designated area scheme and the Kenny report of report. However, the Deputy can take it that 1973, it is only one of a range of possible there will be no undue delay in publishing it when measures that might be undertaken. The commit- it becomes available. tee itself identified various possible alternatives to designated area schemes recommended by the Mr. Sargent: Gabhaim comhghairdeas leis an Kenny report and touched on issues such as Aire san bhfreagracht nua ata´ aige. Ta´ cuma an- development levies, planning gain — which issue chompo´ rdach air sa suı´ocha´nmo´ r ach gan bheith I have mentioned on more than one occasion — ro´ -chompo´ rdach, mar is eol do´ . and taxation incentives. Does the Minister have any basis for stating It is anticipated that the forthcoming NESC that the findings of the all-party committee on report on housing and land policy will identify private property are not fact? He stated that it further possible measures to promote better was a contention that it was not unconstitutional affordability. All of these possible options will to put the recommendations of the Kenny report then have to be carefully operated. Given the into effect. Does he have any basis for that constituency I represent, which is next door to assertion given that I was on the committee at the Deputy Gilmore’s, I am acutely aware just how time when we had the advice of senior counsel pressing this issue is for many of our constituents and highly respected public servants like T.K. and am anxious to see progress made as rapidly Whitaker and others? To suggest that they were as possible. I anticipate the NESC report with stating anything other than fact would be quite interest and we will see where we can go from shocking. there. I do not want to see any undue delay. An Leas-Cheann Comhairle: The Deputy must Mr. Allen: One of the mysteries of my political be brief since we have exceeded the time for the life over the past 23 years has been why the pro- question. visions of the Kenny report have not been implemented and why we still have archaic rules Mr. Sargent: When the Minister states that regarding ground rents. The answer is that vested further analysis is needed, is that analysis under interests have stifled Governments into inaction way and will he inform the House of its results? on both issues. Will he take a similar approach and take a risk, The Minister referred to wishing that Ministers as was the case in respect of legislation for people had the answers. However, it is more important with disabilities who came before the courts to that Ministers have the political will to deal with test the merits of their case? Why not allow the these issues and take on vested interests to vested interests — the owners of the large banks resolve them. The first test would be to deal with of land — take the Government to court if they the question of the ownership of land. I am heart- so wish, but let us not wait around and be afraid ened by the Minister’s commitment to publish the to act. Goodbody report since his colleague, Minister of State, Deputy Noel Ahern, as late as last July Mr. Gilmore: I am doing my best to observe refused to publish it and effective suppressed its the protocol of a Minister’s first day in office and findings. avoid acrimony with him at this early stage. However, I am disappointed with his reliance on An Leas-Cheann Comhairle: The Deputy must Department-speak in response to a very direct not make a statement. question from me to which I expected a direct answer. Does the Minister intend to do anything Mr. Allen: Will the Minister deal with the to cap the price of building land, given that he report as quickly as possible and publish it rather has available to him a report of an all-party com- than waiting until NESC decides to publish its mittee on the Constitution? findings? As quickly as possible after that, the Minister should use his political power and will Mr. Morgan: Does the Minister agree that we to deal with the proposals contained in the three are fortunate his portfolio is the environment and reports. not foreign affairs? If 31 years cannot solve what he describes as this complex issue, it just as well Mr. Roche: The Deputy is misrepresenting he is not with the Minister for Foreign Affairs, what my colleague and I said. I said the Good- Deputy Dermot Ahern, at his meeting this body report would be published with the NESC afternoon. report. In regard to the Kenny report, the Deputy and I know that successive Administrations have Mr. Roche: Would that things were that simple. not been unwilling to deal with the issue, rather Almost all the political parties in this House have there has been a constitutional process which at some time been in power in the past 31 years might have proved difficult. and have been fully aware of the Kenny report and the difficulties. It is perhaps easier to pre- Mr. Allen: The builders tested Part V. The scribe how that can be dealt with from the Oppo- Minister should allow the constitutionality to be sition benches than it is from Government’s. It is tested. not Department-speak. Rather, we are in a pro- 727 Other 30 September 2004. Questions 728

[Mr. Roche.] and improve the quality of service to be delivered cess and the reports will be published and a under decentralised arrangements. review will take place at that stage. As I stated, I will do my best to expedite the publication of Mr. Gilmore: I thank the Minister for his reply. those reports and the follow-up action which I have studied the figures published by the central comes from them. applications facility which demonstrate that, for However, it is untrue to suggest that political the 661 jobs which are to be decentralised to the parties in this House have been unwilling. The four locations, only 38 applicants are from within Supreme Court’s judgment on Part V stated that the Department. Having regard to the Minister’s it found it constitutional on the basis that it was statement about the desirability to minimise dis- proportionate and non-discriminatory. However, ruption in the Department, what assessment has when one examines the language in the Kenny been made in his Department of the likely disrup- report, it does not have the same degree of cer- tion to the work of the Department if only 38 of tainty. It is not intended to in any way be discour- the Department’s existing staff will be there after teous to the people who worked on the commit- decentralisation and more than 600 staff will be tee. However, the committee’s recommendation reallocated to other Departments? Has the is a contention which has not been through any Accounting Officer of the Department carried process. We will soon have the NESC report and, out a formal risk assessment taking into account as soon as we do, it will be published and we will the impact of the decentralisation proposal on take the follow-up action. service to the public and the general work of the Department? How does the Minister propose to Decentralisation Programme. minimise disruption, to use his own phrase, if, of the 661 staff, only 38 will move and more than 8. Ms McManus asked the Minister for the 600 are reallocated to the 14 other Departments Environment, Heritage and Local Government if of State? he will report on the work undertaken to date by the internal implementation team within his Mr. Roche: While I am not in a position to Department dealing with decentralisation; his answer the question on risk assessment, I will views on whether State agencies operating under seek the relevant information for the Deputy and the aegis of his Department may suffer a loss of communicate it to him. The four locations key expertise if the move goes ahead; and if he intended to benefit from decentralisation, Wex- will make a statement on the matter. [22573/04] ford, Waterford, Kilkenny and New Ross, stand Mr. Roche: My Department’s decentralisation to gain 270, 225, 62, 127 positions, respectively. unit is co-operating actively with the decentralis- There appears to be a discrepancy between the ation implementation group and the Department two sets of figures as one adds up to 681, while of Finance in regard to the decentralisation pro- the other adds up to 661. The latter figure is cor- gramme announced in the budget for 2004. An rect because it refers to the number of staff below implementation plan covering all aspects of the principal officer. decentralisation process for my Department has The Deputy is correct that the overall summary been submitted to the group. The Office of Public of applications has varied. For example, appli- Works, which has general responsibility for prop- cations have been made for 92% of posts in Wex- erty management in connection with the pro- ford, Kilkenny is oversubscribed with 124 gramme, is liaising with my Department on the applications—— Department’s four new decentralised locations. My Department is committed to developing Mr. Gilmore: The applications have not been innovative approaches to information manage- received from within the Department. ment, communications and logistics to maintain and improve the quality of service to be delivered Mr. Roche: That is correct. They are from under decentralised arrangements and to mini- across the range of Departments. Obviously pro- mise disruption. Its decentralisation unit is also grammes will have to be put in place, including facilitating full and timely communication with one to train and retrain staff. This will be done as staff of the Department on the progress of the part of the process. As regards the Local Govern- decentralisation programme through the Depart- ment Computer Services Board, the process is not ment’s partnership committee and otherwise. complete. While I do not have final figures, it is Two state agencies under the aegis of my clear that a considerable amount of training, Department are included in the decentralisation retraining and redeployment of personnel will be programme. The National Building Agency sub- required. This is all part of the decentralisation mitted its decentralisation implementation plan process. to the implementation group on 31 May. As the I remind the House that we have discussed decision in relation to the new location for the decentralisation for 40 years. The first occasion Local Government Computer Services Board was on which we had a debate on the issue was 1964 not announced until 8 July, the board is in the and 40 years later we are still discussing it. If any- process of finalising its decentralisation imple- thing indicates the paralysis from which we suffer mentation plan. Each agency is required to put in when we have an idea worth implementing, it is place skills and knowledge transfer arrangements, the issue of decentralisation. This is the first such as in-house training and external courses Government to put together a programme to and programmes, to upskill new staff to maintain deliver it. We all subscribe to the concept of 729 Other 30 September 2004. Questions 730 decentralisation, although what we are doing is with the security arrangements and that these are closer to deconcentration. subject to continuous review. In March 2003, my predecessor, the Minister Mr. Gilmore: I do not want to start a debate for Transport, Deputy Cullen, wrote to the UK about the general theory of decentralisation. My Secretary of State for Trade and Industry, Ms question specifically relates to the Department of Patricia Hewitt, MP, regarding concerns about the Environment, Heritage and Local Govern- the possibility of terrorist attacks. She furnished ment. How will the Department work efficiently a reply on 16 April 2003, which was published as if only 38 of the applicants for the 661 jobs to be an appendix to the reply to Parliamentary Ques- decentralised to Kilkenny, New Ross, Waterford tion No. 141 of 14 May 2003. In her reply, the and Wexford are from the Department? These Secretary of State indicated that the UK is satis- positions cover highly specialised areas. I do not fied that arrangements for ensuring security in its understand how someone dealing with pensions civil nuclear industry are robust, additional in the Defence Forces today will be retrained to measures put in place since September 2001 to deal with complex water and sewerage schemes reinforce security are appropriate, and these tomorrow. security arrangements are subject to continual review. In a further exchange of correspondence Mr. Roche: The theory on which public admin- earlier this year on security related issues at Sella- istration has operated since the 1920s is that we field, the Secretary of State indicated that the have general service staff who are regarded as Royal Air Force maintains a high state of readi- broadly transferable. ness in the air defence of the UK, including the defence of particularly sensitive targets and its Mr. Gilmore: This is not the 1920s. state of readiness is kept under constant review. The assurances and information on nuclear Mr. Roche: The Deputy has some experience security issues received from the UK authorities in this matter and will be aware that we have are welcome as far as they go. However, our legit- career arrangements in place by which people are imate concerns form a basis to develop an agreed, promoted and move from one section to another structured and meaningful system between the over time. Nobody is suggesting that decentralis- UK and Ireland for the exchange of security sen- ation will be anything other than challenging but sitive information without compromising the the challenge will have to be met. security needs and concerns of the UK with regard to such information. This point has been Mr. Gilmore: I look forward to hearing how it emphasised in exchanges with the UK and I will be met. assure the House I will continue to make this point at every opportunity. Mr. Allen: We will get a series of lectures. Mr. Gilmore: Will the Minister elaborate on his Mr. Morgan: The Taoiseach obviously views use of the phrase “as far as they go” while refer- the Minister in the same light — as broadly ring to the assurances given by the UK auth- transferable. orities? May I assume from it that he does not accept their assurances or believes them to be less Question No. 9 answered with Question No. 7. than adequate? Nuclear Safety. Mr. Roche: What I mean by that phrase is that 10. Mr. S. Ryan asked the Minister for the we have a legitimate concern on this issue which Environment, Heritage and Local Government if is best addressed by developing a structured and he has sought and received assurances from his meaningful system of exchange of clear infor- British counterparts that adequate procedures are mation on it. While I fully understand the reason in place to prevent the hijacking of an aeroplane the administration of another jurisdiction has in British airspace to crash into the Sellafield concerns about making available security sensi- plant, in view of the serious consequences of such tive information, it should be possible to provide a development for citizens here; and if he will the structured system of exchanging information make a statement on the matter. [22590/04] we seek without compromising its security needs. Mr. Roche: Due to the risk posed to Ireland by the potential transboundary effects of an accident Mr. Gilmore: Do we have something to be wor- or incident, including a terrorist attack by aircraft ried about? The Department has correspondence or otherwise at Sellafield, the security arrange- on this issue which became critical in 2001. If ments and procedures established at Sellafield by someone crashed an aeroplane into Sellafield, we the United Kingdom authorities have been a par- would all be at risk. It appears the Minister is not ticular ongoing concern of the Government. My happy with the assurances the Department has predecessor repeatedly raised these concerns by received. Does the public have cause for serious direct correspondence and in face to face meet- concern that the security arrangements regarding ings with my UK ministerial counterparts, as have Sellafield are not adequate? officials of my Department in meetings with their UK counterparts. The United Kingdom in Mr. Roche: That is incorrect. As I have stated response has given assurances that it is satisfied clearly, it would be much better if we could have 731 Adjournment 30 September 2004. Debate Matters 732

[Mr. Roche.] the two neighbours, to establish a process a process for the exchange of information, rather whereby we would have more than assurances than simply assurances. and be part of an information exchange.

Mr. Allen: Does the Minister agree that assur- Mr. Morgan: Question No. 10 is a very good ances obtained from the British Government, question. Has the Minister applied his mind to which cannot protect its Parliament or Prime the environmental consequences of a plane being Minister against a flour attack or pro-hunt pro- taken from Irish airspace to be crashed into the testers, are dubious? Does he now agree that the Sellafield plant, given that we are about 70 miles only way to deal with this sensitive issue is at from Britain and given the proximity of our air- Prime Minister level? Will he urge the Taoiseach space to the plant? Has the RAF, the British to demand from Tony Blair a detailed security Government or any other body views on this report on Sellafield? We do not enjoy the econ- prospect, bearing in mind that a jet airliner can omic benefits of Sellafield but we are exposed to travel at more than 600 mph? all the risks. Mr. Roche: OCNS, which deals with the issue Mr. Roche: I am not sure that the prime minis- in the UK, has a general responsibility in this terial level is the appropriate one at which to regard, including a responsibility to deal with haz- have this exchange of information. Clearly, one ards from aeroplanes irrespective of their origin. would have to have people with the However, Deputy Morgan’s point is valid. There appropriate—— are many small and medium-sized airstrips not just on this side of the island but on the far side of Mr. Allen: I do not mind how it is done once it the Irish Sea that are very close to the Sellafield is done. installation. The Deputy’s point illustrates the validity of the concerns that all parties, both in Mr. Roche: As I have said to Deputy Gilmore, Government and Opposition, have on this issue. there is a need for some process. An Ceann Comhairle: There are about 30 Mr. Sargent: To correct Deputy Allen, it was seconds remaining in Question Time if any Mem- the pro-hunting lobby that invaded the Palace of ber wants to ask a brief supplementary question. Westminster, not the anti-hunting lobby. Mr. Morgan: Given that there are 30 seconds Mr. Allen: That is what I meant to say. It is remaining, maybe we could talk about the real Sellafield that I am worried about. Cabinet reshuffle. Let us work on one now. Mr. Sargent: Further to the Minister’s reply, will he tell us whether his ongoing concern relates An Ceann Comhairle: The 30 seconds have solely to the installation of Sellafield, given the elapsed. That concludes Question Time. number of shipments to and from it and other installations, including the flotilla making its way Mr. Roche: The Deputy blew his 30 seconds. across the Atlantic? Is his concern simply based on the political dimension rather than the practi- Adjournment Debate Matters. cality? Sellafield is referred to so often in the media that it seems to draw attention when in fact An Ceann Comhairle: I wish to advise the other installations, which are of serious concern House of the following matters in respect of in their own right, such as Wylfa or Sizewell—— which notice has been given under Standing Order 21 and the name of the Member in each An Ceann Comhairle: Will the Deputy ask a case: (1) Deputy Callanan — the need to discuss question? the serious employment crisis in Ballinasloe especially after the loss of 40 jobs in Dubarry Mr. Sargent: Are we talking about a more com- shoe factory recently; (2) Deputy Upton — the prehensive approach or is the Minister’s concern need for the Minister to give consideration to an just in response to media agitation? area (details supplied) to avail of a group sewer- age scheme given the support of the local auth- Mr. Roche: It is unfair to suggest it is just in ority for its situation; (3) Deputy Timmins — the response to media agitation. Both sides of this progress achieved in dealing with the issue of House use Sellafield as an expression of our con- illegal dumping in County Wicklow; (4) Deputy cern about a range of facilities. O’Dowd — the need to increase significantly Garda resources in the towns of Drogheda, Dun- Mr. Sargent: I just want to be sure. dalk and Ardee and to provide Drogheda town with CCTV immediately; (5) Deputy Finian Mr. Roche: It happens to be the one that is McGrath — the major problems with the Dublin very close to us and which is referred to Port tunnel; (6) Deputy Naughten — the need for frequently. the Minister to outline his plans for the future As I stated, the UK authorities have not been ownership and policy direction of Aer Lingus in disposed over the years to disclosing details of light of the current restructuring by the company security measures. They have provided assur- management; and (7) Deputy Allen — the delay ances. It would be best, from the point of view of in commencing work on the new Cork School of 733 Job 30 September 2004. Losses 734

Music and the discussions that have taken place meet the Dubarry workers who are losing their between her Department and the Jarvis con- jobs. I have every confidence in him and wish him tractors. well in his new Ministry. The matters raised by Deputies Callanan, Finian McGrath and Upton have been selected Minister for Enterprise, Trade and Employ- for discussion. ment (Mr. Martin): I thank Deputy Callanan for raising this important issue and for his kind com- ments on my appointment. The announcement by Adjournment Debate. Dubarry on 23 September that it has decided to transfer the remaining production element of its ———— operations overseas with the loss of 40 jobs is a devastating blow for those who will lose their Job Losses. jobs. I am conscious of the adverse affects that Mr. Callanan: I congratulate the Minister on the loss of these jobs will have on the surrounding his new post and thank him for the great work he area, especially considering the closure of the did as Minister for Health and Children. Square D factory in January last year. I want to say a few words on the serious Finding alternative employment for the employment crisis in Ballinasloe. The town and workers affected is a priority for FA´ S and the the surrounding area have received another sev- State development agencies. FA´ S has contacted ere blow last week with the announcement by the company and will make available its full range Dubarry that it is to lay off 40 more of its of support services, including skills analysis, job workers. This means that the production of shoes placement, guidance and counselling interviews by the company will cease. It will retain 40 jobs and identification of training needs and courses. in Ballinasloe in the distribution and research and Dubarry’s headquarters operation, along with development sections, but all manufacturing will its expanding product development, quality assur- take place overseas. It used to employ 200 ance, marketing and design operations, workers. The recent announcement, coupled with employing up to 40 people, will remain in Ireland. the closure of the Square D factory last year, I understand that Enterprise Ireland is continuing which resulted in a loss of 450 jobs, and the loss to work with Dubarry on new product and mar- of 350 jobs at the AT Cross factory three years ket development initiatives. The company feels ago, means that Ballinasloe has lost more than that the outsourcing of the production element 1,000 jobs in three years. will help its overall competitiveness and this, There is an employment crisis in Ballinasloe coupled with the fact that it is continuing to invest and the surrounding area. I call on the new Mini- in new product development and marketing ster to make the town a top priority for new initiatives, will strengthen it and retain the employment. I acknowledge the work that the maximum number of jobs in Ballinasloe. Ta´naiste, Deputy Harney, has been doing to try On developments in Ballinasloe, I advise the to generate jobs for Ballinasloe and I wish her all Deputy that the town remains a location of high the best in the Department of Health and focus for IDA Ireland for new foreign direct Children. investment. Since the Square D closure Ballinasloe is a great town on the national pri- announcement in January 2003, there have been mary route between Athlone and Galway. It is 12 visits to Ballinasloe by potential investors. known for its great educational facilities, includ- IDA Ireland has acquired 35 acres of land at Cre- ing Garbally College. It has a new secondary agh on the east side of Ballinasloe and has school and a new gaelscoil is being built. It has a developed it as a new business and technology new marina and new state-of-the-art swimming park. The agency has co-operated closely with and leisure facilities. It has two great hotels, one local private developers to construct a 27,000 sq. of which is expanding, and planning permission is ft. advanced technology building on the park. The being sought for two more. The people of the construction of a second advanced technology town have set up Ballinasloe area development building is also under way at the park, and com- company and are doing great work in their pletion is expected before mid-2005. In addition, enterprise centre where approximately 200 IDA Ireland has provided a site to the ESB for people are employed. I acknowledge other small the construction of a power station to satisfy the employers who have expanded in the town, electricity needs of new projects locating on the thereby providing some real employment. Ballin- park. asloe’s hospital, Portiuncula Hospital, is excellent I understand that the ESB is out to tender for and I compliment the former Minister for Health the construction of this station. and Children on supporting it. IDA Ireland’s investment in the park to date is Ballinasloe has much to offer any industrialist in the region of \2.5 million. IDA Ireland and who comes to it. It has a 25-acre industrial park Enterprise Ireland continue to work actively with in which a new factory is being built. It has the their existing base of companies in the county and AT Cross factory and the Square D factory, the Ballinasloe area to encourage them to grow which may be available for purchase, and a work- and expand. As part of its strategy, Enterprise force that wants to work in the town. I therefore Ireland is encouraging companies to adopt new appeal to the Minister to do everything in his technologies to add value to their products and power to generate employment for us. I invite services. In 2003, the agency approved more than him to visit Ballinasloe as soon as possible to \5 million for development projects for its client 735 Dublin Port 30 September 2004. Tunnel 736

[Mr. Martin.] possession. There have been unresolved design companies in County Galway and by August this deficiencies and the tunnel entrances and exits year had approved almost \4 million in project are now unusable. A note by health inspectors support. In addition, it is providing support for hired by Dublin City Council to oversee safety on the appointment of a manager for Ballinasloe the project has been ignored. The design enterprise centre as well as supporting a one-year deficiencies, cracking and the leakage in the tun- training programme for entrepreneurs in nearby nel are a time bomb waiting to explode. They institutes of technology under the enterprise plat- should stop now immediately and deal with the form programme as part of encouraging high serious issues. potential start-up companies in the region. I am appalled that public representatives have In the area of telecommunications, Galway not been informed on this issue. When I received County Council and the State development agen- the leaked document from the offices of the port cies are finalising a proposal for submission to the tunnel, I was shocked and horrified by the infor- Department of Communications, Marine and mation. The project has been beset with major Natural Resources for the development of broad- delays. There have been soaring costs and debate band infrastructure. The provision of this facility about the building design. will assist in the marketing of the town for new I am also very concerned about the local resi- business. The major decentralisation package dents in the area. We now have 173 property resi- announced in the budget includes 110 jobs, dents who have lodged complaints along the mainly from the National Roads Authority, to be route of the Dublin port tunnel. Among the com- relocated to Ballinasloe. This move demonstrates plaints are as follows. There are 112 cracks, 25 the Government’s commitment to balanced hairline cracks, 14 jammed doors and windows, regional development and will provide a further three incidences of damage to roofs, four incid- boost to enterprise development in this area. ences of damage to plumbing, four incidences of The State development agencies are fully com- damage to glazing and eleven other serious com- mitted to ensuring an equal distribution of job plaints giving a total of 173 complaints. These are creation opportunities and to encouraging the the issues with which I deal every day on the port establishment of industry in the regions, in par- tunnel. Many other residents have lodged com- ticular, the Border, midlands and west region of plaints on noise and disruption. I have the list in which Ballinasloe forms a part. I assure the front of me and there is nothing to smile about Deputy that the State development agencies, regarding this matter. We have 173 complaints under the auspices of my Department, will con- registered with Dublin City Council and I have tinue to work closely together and with local many more. interests in promoting Ballinasloe for additional I raise these issues because we were told that investment and job creation. I will keep in touch at the beginning of this project that these issues with the Deputy on an ongoing basis to make would not arise and that we were being alarmist. sure that momentum is maintained. The concerns of the people of Marino, Fairview and Santry have been proved correct. The inde- Dublin Port Tunnel. pendent consultants have verified them and sup- ported their views. I challenge the Minister to Mr. F. McGrath: I congratulate the Deputies come clean on this issue and ensure the residents’ on their recent ministerial appointments and wish safety as well as the safety of the 400 staff in the them well for the future. I thank the Ceann tunnel. I hope these issues will be taken on board. Comhairle for accepting my request for an Adjournment debate with the Minister for Trans- Minister of State at the Department of Trans- port on the major problems in the Dublin Port port (Mr. Callely): I thank Deputy McGrath for tunnel. I want to raise serious concerns about his kind comment on my appointment. I am what is going on at the port tunnel. I am also delighted with my appointment as it is certainly a voicing the concerns of the people of Fairview, challenging task, especially with the infrastructu- Marino, Drumcondra, Santry and Whitehall. ral developments taking place. Today, I am trying There is a crisis at the moment at the Dublin Port to get a handle on my brief. I would be happy to tunnel. I call for an immediate investigation into give information to any Member on any project what is going on. I have been given a detailed that is under way. report on serious flaws in the design process as The planning. design and implementation of well as possible dangers to staff and local resi- national road improvement projects is a matter dents. This \750 million tunnel is now at risk and for the National Roads Authority and the local there could be a disaster in the area. I challenge authority concerned. In the case of the Dublin the city council and the Minister for Transport to Port tunnel, it is Dublin City Council. I am glad come clean on this serious issue. of the opportunity to inform the House of the The three crucial points in my complaints are good progress that is being made in the construc- as follows. First, the huge entrance and exits to tion of the tunnel. Work has been under way on the tunnel are unstable. Second, water has been the tunnel since 2001. It is well on its way to com- seen leaking into the tunnel through openings. pletion and is expected to open to traffic towards Third, experts state that the tunnel has design the end of 2005. When complete, the Dublin Port deficiencies. Parts of the controversial tunnel tunnel will be of major benefit to Dublin city cen- were cracked and leaking water, according to the tre and especially to the communities that pre- consultants’ report, a copy of which I have in my viously have had to endure high volumes of heavy 737 Water and 30 September 2004. Sewerage Schemes 738 goods vehicles travelling to the port. I am person- trol exercised in the port tunnel project is quite ally aware of that as it impacts on my own con- clearly effective. stituency of Dublin North Central. The position in regard to the operational height The tunnel is part of a major investment pro- of the tunnel is that the Minister for Transport gramme in transport infrastructure in the greater will shortly be finalising a review of this matter. Dublin area. Together with an upgraded M1, a This review was commenced by his predecessor. completed M50, Luas and upgraded rail and bus I hope this reply is helpful and informative. services, it will assist in improving traffic flow around the city. Deputy McGrath raised some Water and Sewerage Schemes. serious issues. He asked the Minister to come clean. I assure the Deputy that I have not held Dr. Upton: I offer my congratulations and good back any information. I think Deputy McGrath wishes to the Ministers of State, Deputies Callely understands that is the way I operate. I invite the and Noel Ahern. I wish them well in their port- Deputy to make a submission about anything on folios. I thank the Ceann Comhairle for allowing which he seeks clarity. me raise this matter on the Adjournment. The tunnel has been planned and designed and Liffey Terrace consists of a small terrace of 11 is being constructed to the highest international houses and a public house at one side of St. standards. Safety has been a key objective in the Lawrence’s Road in Chapelizod. The residences design and construction. It will remain a key are approximately 90 years old and pre-date the objective in the operation of the tunnel. I under- modern sewerage system. This area is part of the stand from the NRA that a safety audit of the Liffey valley and within the bailiwick of Dublin project confirms that the Dublin port tunnel com- City Council. It is less than a mile from the plies with the requirements of the recently boundary of the city and Fingal County Council. adopted EU directive on safety in road tunnels. I I wish to highlight the situation now facing the am also informed by the NRA that the operating residents of ten of the middle-terraced house- system for the tunnel and the ventilation and holds. In August of this year, they received corre- safety systems have been designed with safety as spondence from their local authority giving them \ paramount. Measures to deal with accidents, two weeks to pay 8,333 each to connect them to breakdowns and fires in the tunnel are all being the public sewerage system. This threatening let- installed. Safety features associated with the ter caused obvious distress and concern to all resi- scheme include emergency telephones, lay-bys, dents but, in particular, to the elderly pensioners pedestrian and vehicular cross passages, CCTV who have lived on the terrace for many years. coverage of the tunnels, a 24-hour manned con- The ten households have now entered into dis- trol room and fire and incident detection equip- cussions with Dublin City Council engineers to ment to mention just some. These features rep- try to find a cost effective solution to their drain- resent a comprehensive approach to ensuring the age problem. They fully recognise that they safe passage of vehicles through the port tunnel should be connected to the public drainage sys- and are in line with the best international tem. Indeed, it was the residents who brought this practice. matter to the attention of the local authority in Dublin City Council has informed my Depart- the first place. ment that in ongoing monitoring of the contrac- The households on Liffey Terrace now share a tor’s designs by the construction supervisors common drain running to the back of their houses appointed by the city council, some concerns on land which they do not own. The land is regarding the design of floor slabs in the cut and owned by another party and the residents have cover tunnel sections were identified. A detailed an established right to use the land for drainage. review of this design issue is ongoing. If remedial The residents propose to upgrade this common measures are called for at any stage, the contrac- drain and provide connection to the public drain- tor is required to implement them at their own age system. Dublin City Council has now given its expense. These measures would be relatively full support to residents in resolving this matter. I straightforward and uncomplicated to carry out would be grateful if the Minister would give sym- and by their nature would not lead to delays. pathetic consideration to allowing this group of Some leaks of a very minor nature and within neighbours avail of the group sewerage scheme. construction tolerances have also occurred at A reading of the explanatory memorandum, some joints. As backfilling progresses over the GW60, suggests this group of neighbours qualify segments concerned, the position is rectified. for assistance under the scheme. There is no pro- Dublin City Council has informed my Depart- posal to carry out a public scheme to serve these ment that, contrary to the impression that may ten houses and it is in an area that can be served have been created, the tunnels are safe and by an extension to the existing sewer. stable. At no time could or have these minor The residents are looking for assistance to leaks contributed the remotest possible risk to the cover part of the cost of providing a functioning health and safety of the workforce or to residents common drain to run to the rear of the houses as hundreds of metres away. well as other works associated with the scheme. The tunnel’s construction work has been moni- They are willing to appoint an energetic organiser tored in detail since the project commenced in as well as a committee as outlined under the 2001. This monitoring of both the design and con- scheme. They are willing to contribute to the pro- struction processes is how deficiencies, if they ject as well as provide working capital to meet arise, are detected and put right. The quality con- the expenses involved in the preliminary stages of 739 The 30 September 2004. Adjournment 740

[Dr. Upton.] group water and sewerage scheme grants are now investigation. The residents have started work in matters solely for county councils. Consequently compiling a technical report on the best way to the Minister has no direct function in the resolve this matter at the lowest cost to all. They decision-making process as it applies to individual are collaborating with Dublin City Council cases. Even if this was being pursued by the local engineers. authority, there is no proposal of any description Liffey Terrace is unique in the Dublin City before my Department from Dublin City Council. Council area. It pre-dates the installation of a Against that background, I very much regret public sewerage system and is the last such group that I am unable to be of assistance to the Liffey of houses in Dublin. In this instance, the appli- Terrace residents in the manner envisaged by the cation of the group sewerage scheme will not Deputy. In the circumstances, any arrangements open the State to a flood of claims as it will not relating to connections to the public sewer in this create a precedent. case will need to be resolved in ongoing dis- An application under the scheme should not be cussions with Dublin City Council. That is where ruled out on the basis of geography alone. It the solution to this problem will have to be found. would be discriminatory to refuse such an appli- In rural areas where public sewerage connec- cation simply because it is on one side or the tions are not available from a local authority, \ other of the boundary between the city and Fin- grants of up to 2,031 per house, or 75% of the gal County Council. The residents are anxious to cost, whichever is the lesser, may be payable resolve the problem. They have co-operated with where a group of householders come together to Dublin City Council and they are willing to con- provide a common or shared sewage collection tribute to making progress. However, they should and disposal system. In urban areas it is a matter not face the cost of the work alone. They should for individual householders and property owners be allowed claim the assistance which is available to connect their premises to the sewers provided everywhere else in the country. by the local authority. I have listened to the argument put forward by Minister of State at the Department of the the Deputy but it would appear that the prospect Environment, Heritage and Local Government of finding a solution would be found in direct dis- (Mr. N. Ahern): I have listened carefully to the cussions with the local authority. If the local auth- Deputy’s concerns about the situation in Liffey ority thought there was any way in which the Terrace. I will outline the operation of the group Department could be of assistance, I am sure it sewerage scheme grants. would make a submission under existing pro- grammes. I urge the Deputy to continue dis- I wish to clarify that these grants are provided cussions and hope she will receive a more reason- under the rural water programme. The Deputy able response at local authority level. will appreciate that, by its very nature, this pro- gramme does not apply to urban areas. The Dr. Upton: Fingal County Council has objective of the programme is to assist the pro- approved the scheme. Even though it is an urban vision of services where local authority water and area, I accept what the Minister of State says sewerage infrastructure is not available and such about the rural water scheme. It is an urban area services cannot be provided economically. The of Fingal County Council. rural water programme makes grant assistance available to local communities to put such facili- Mr. N. Ahern: It is a matter for the local auth- ties in place on a communal or voluntary basis ority in any case. Dublin City Council may be where they cannot be obtained from a local auth- used to dealing with cases which fall into a certain ority, usually because of remote location or the framework. The source for that information and distance of the households from the nearest detail is in the civic offices. I wish the Deputy well public water or sewerage mains. These conditions in her efforts. Hopefully, the local authority can should not arise in a residential suburb of Dublin. be more reasonable. I understand the shock experienced by the Deputy’s constituents when In addition to the foregoing, responsibility for they received the initial letter. the administration of this programme has, in any event, been entirely devolved to county councils Dr. Upton: I will pursue it in any case. since 1997. The Deputy will appreciate that in accordance with the devolution arrangements, all The Da´il adjourned at 5.10 p.m. until 2.30 p.m. matters relating to the approval and payment of on Tuesday, 5 October 2004. 741 Written 30 September 2004. Answers 742

Written Answers. include representatives of the various interest groups. ———— The specific terms of reference of the group are “to examine the current position regarding man- The following are questions tabled by Members agement of kennels and to make recommend- for written response and the ministerial replies ations for such improvements, including better received from the Departments [unrevised]. regulation, as it considers necessary in this area”. The group is being asked to conclude its deliber- Questions Nos. 1 to 10, inclusive, answered ations and submit its report and recommend- orally. ations before Christmas. The recommendations will then be considered as a matter of urgency. Residential Tenancies. Tribunals of Inquiry. 11. Mr. Ferris asked the Minister for the Envir- onment, Heritage and Local Government his 13. Mr. Kenny asked the Minister for the views on the statement by the Irish Property Environment, Heritage and Local Government Owners Association that it is the intention of the files which have been requested from his landlords to pass on the cost of registering with Department by the Mahon tribunal; and if he will the Private Residential Tenancies Board to ten- make a statement on the matter. [21449/04] ants; if he intends to take steps to prevent this Minister for the Environment, Heritage and cost being passed on to tenants; and if he will Local Government (Mr. Roche): The Tribunal of make a statement on the matter. [22614/04] Inquiry into Certain Planning Matters and Pay- Minister of State at the Department of the ments is empowered by relevant Oireachtas res- Environment, Heritage and Local Government olutions to carry out such preliminary investi- (Mr. N. Ahern): Landlords may only seek from gations in private, as it thinks fit. My Department tenants the rent or other charges agreed to at the has co-operated with all requests by the tribunal commencement of the letting. Under Part 3 of the to make files available. However, it would not be Residential Tenancies Act 2004, which will come appropriate to disclose details of material pro- into operation later this year, a rent review may vided in this way to the tribunal, on a strictly only occur once per annum unless there has been private and confidential basis, in the course of a substantial change in the nature of the accom- its investigations. modation in the interim. It will also be unlawful to seek a rent greater than the open market rate Register of Electors. so a rent increase would not be possible if the 14. Mr. J. O’Keeffe asked the Minister for the market trend is stable or downward. In any event, Environment, Heritage and Local Government competitiveness in the market should preclude when it is intended to introduce legislation to registration costs being passed on. revise the Da´il constituencies; and if the next The registration fee under Part 7 of the 2004 draft register of electors will reflect the existing Act, which came into operation on 1 September situation or the new constituency boundaries pro- \ 2004, is 70 per tenancy. The net cost can be as posed. [22451/04] low as \10.15 per tenancy per annum because the fee will cover a tenancy for four years and is a Minister for the Environment, Heritage and tax-allowable letting expense. I do not accept the Local Government (Mr. Roche): In accordance IPOA contention that it is not possible for land- with normal practice, I will shortly present to lords to fund the net cost in the context of aver- Government for approval proposals in regard to age rent levels. The single, and potentially multi- implementation of the January 2004 Report of annual, registration fee of \70 per tenancy the Constituency Commission on Da´il Constitu- replaces an annual fee per tenancy of \51 that encies. Legislation will be brought forward as landlords had previously been liable to pay to soon as possible after that. local authorities. For many landlords, therefore, As the register of electors cannot be adapted registration cost may be significantly reduced. to take account of revised Da´il constituencies until the amending legislation is enacted, it is Animal Welfare. unlikely that the draft register of electors for 2005-06 to be published in November 2004 will 12. Dr. Upton asked the Minister for the Envir- reflect the revised Da´il constituencies. Once the onment, Heritage and Local Government if his legislation is enacted, local authorities will have attention has been drawn to the practice of puppy the capability of adapting the register of electors farming here; the efforts his Department has to reflect revised constituency boundaries if made to combat this practice; and if he will make required. a statement on the matter. [20089/04] Minister for the Environment, Heritage and Local Authority Levies. Local Government (Mr. Roche): Following dis- 15. Mr. Durkan asked the Minister for the cussions between my Department and relevant Environment, Heritage and Local Government interests, a working group has been established the extent to which he has evaluated the huge to review the management of dog breeding estab- burden of extra taxation imposed on home buyers lishments nationally. The new group will be by the introduction of dramatic increases in local chaired by a prominent veterinary surgeon and authority development levies or charges; if he has 743 Written 30 September 2004. Answers 744

[Mr. Durkan.] of certain public and private projects on the in mind any proposals to alleviate the now incred- environment, commonly known as environmental ible tax burden on potential householders; and if impact assessment or EIA directive. It is not he will make a statement on the matter. possible to anticipate the decision of the court in [22664/04] this case.

Minister for the Environment, Heritage and Local Authority Charges. Local Government (Mr. Roche): Planning auth- orities have been levying development contri- 17. Mr. J. O’Keeffe asked the Minister for the butions since the introduction of modern plan- Environment, Heritage and Local Government ning arrangements in 1964 Act. Development his views on whether there is an anomaly in that contributions are not a tax but are charged to pensioners and others who would normally be allow local authorities to recoup some of the costs entitled to either total or partial waiver in respect to public funds of servicing land for private of refuse charges are unable to obtain same when development. Without contributions, the pro- the local authority has contracted out the collec- vision of services could not proceed or the full tion system to a private operator; and if he will cost would have to be borne by the taxpayer. now have the regulations amended to remove this In the Planning and Development Act 2000 anomaly. [22452/04] new provisions were enacted to introduce trans- Minister for the Environment, Heritage and parency into the way in which development con- Local Government (Mr. Roche): The provision tributions are levied. Decisions as to the appro- by a local authority of a waiver in respect of all priate level of contributions are now a matter for or part of a charge in respect of the provision of the elected members, although my Department a waste service by, or on behalf of, that authority had the opportunity to comment on the draft is solely a matter for the local authority con- development contribution schemes prior to their cerned. Nevertheless, inconsistencies in relation adoption. to the availability of waivers and related issues Statistics on the payment of development con- connected with waste charges have been brought tributions for all types of development contri- to my attention in discussions with the social part- butions are collected by my Department on an ners in the context of the Sustaining Progress annual basis. However, due to the lead-in time special initiatives. It has been indicated that the between the grant of planning permission for a matter will be given further consideration, in con- development and the start of construction it is junction with the Department of Social and Fam- likely that the full impact of the new development ily Affairs, and an examination of the issues contribution schemes will not be measurable until involved is currently taking place. 2006-07. The statistics collected do not differen- tiate between different types of development for Recycling Policy. which contributions have been paid. The general issues relating to taxation men- 18. Mr. O’Shea asked the Minister for the tioned in the question would be a matter for the Environment, Heritage and Local Government if Minister for Finance. he has plans to introduce controls on the use of polystyrene as a packaging material, especially EU Directives. when used as packing for electrical goods, in view of the fact that it is not recyclable and is bulky 16. Mr. Neville asked the Minister for the and difficult to dispose of; and if he will make a Environment, Heritage and Local Government statement on the matter. [22577/04] the EU directives and regulations regarding which the Government is still in dispute with the Minister for the Environment, Heritage and European Union; the status of the dispute in each Local Government (Mr. Roche): Polystyrene is case; and the level of penalty that may be widely used internationally as protective packag- incurred in each case. [22606/04] ing in the transport of electrical and other goods. While such packaging can be recycled, for Minister for the Environment, Heritage and example, for insulation purposes, there are lim- Local Government (Mr. Roche): Currently my ited outlets for it in Ireland. The recycling of Department is in correspondence with the Euro- polystyrene is further hindered by its high volume pean Commission in respect of 65 cases relating to weight ratio and the associated costs of col- to possible breaches of EU environmental legis- lecting such material. lation in the areas of air, planning and envir- Article 18 of European Parliament and Council onment policy, nature, noise, radiation protec- Directive 1994/62/EC on packaging and packag- tion, waste and water. While the vast majority of ing waste prohibits member states from impeding issues are resolved without any recourse to the the placing on the market of packaging which European Court of Justice, at present nine of satisfies the provisions of the directive, that is, these are the subject of proceedings in the court which is in accordance with the essential require- in respect of non-compliance, or alleged non- ments specified in Annex II of the directive as to compliance, with EU environmental legislation. the composition and the reusable and recoverable This includes one case where the Commission has nature of packaging. On foot of these provisions, applied to the court to have a daily fine of \21,600 the introduction of controls on polystyrene pro- imposed on Ireland, relating to implementation tective packaging — such as that used on electri- of the directive on the assessment of the effects cal goods — is not under consideration. 745 Written 30 September 2004. Answers 746

The Litter Monitoring Body, which is co-ordi- “back to work” incentive or of mortgage supple- nated by my Department, has published two mentation. reports to date — in respect of the years 2002 and Under the new rental accommodation scheme 2003 — which provide valuable statistical data in local authorities will use a range of measures, relation to litter pollution in Ireland. Fast food including entering into direct contractual arrange- take-away bags and wrappers, much of which ments with accommodation providers in the comprise polystyrene, have been identified as the private rental sector, to provide good quality and largest litter component in the packaging litter affordable accommodation for SWA rent sup- category, which is the third largest category of lit- plement recipients who are in need of long-term ter after cigarette and food related litter. In the housing support. light of the findings of the first Litter Monitoring The new approach will provide a structured, Body report published in July 2003, in respect of proactive, supply based approach to meet long- the year 2002, my predecessor announced the term housing need instead of depending on ad intention to take measures to tackle litter caused hoc rent allowance payments. It will also involve by fast food packaging, together with chewing the development of additional accommodation gum and ATM receipts which were also identified through new-build PPP type projects, which as significant elements of litter pollution. To this would be financed, developed and operated on a effect, a consultancy study was commissioned to long-term basis by the private sector but made carry out an analysis and recommend appropriate available exclusively for households nominated economic instruments, including environmental by local authorities. levies, that might be implemented to tackle the Funding will be provided to local authorities to litter problems caused by these items. Further to support the cost of the new scheme through the the recent completion of the consultancy study, redirection of resources from the existing social my predecessor announced a public consultation welfare allowance rent supplement scheme. This on the consultants’ report last week. funding is in addition to moneys already being In their report, the consultants recommend, in provided under the local authority housing pro- relation to fast food packaging, that a negotiated grammes. The Government’s commitment to the agreement be concluded between Government social housing programmes, with a combined and the fast food sector involving the putting in 2004 Exchequer and non-Exchequer provision of place of litter protocols, action plans, targets etc. \1.884 billion, will be in no way diminished. It would be my intention to seek a commitment However, we hope to get better value for the to the phasing out of the use of polystyrene in totality of spending as between the local authority fast food packaging, in favour of biodegradable provision and the rent supplement scheme. materials, as part of any such negotiated agree- I see the new long-term approach as facilitating ment. A final decision on the proposed action to a more effective response to housing need deal with fast food packaging will be taken on through better accommodation standards and foot of the conclusion of the public consultation security for tenants, improved value for money process. and an increased supply of accommodation.

Social and Affordable Housing. EU Directives. 19. Mr. Rabbitte asked the Minister for the 20. Mr. Sherlock asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government he will report on the main features of the plan the progress made during the Irish Presidency in announced by his Department and the Depart- regard to the proposed Council directive setting ment of Social and Family Affairs under which out basic obligations and general principles on local authorities will assume responsibility for the safety of nuclear installations and on the man- meeting the long-term housing needs of persons agement of spent nuclear fuel and radioactive who currently qualify for the rent supplement waste; and if he will make a statement on the scheme; the additional funds or resources which matter. [22593/04] will be provided to local authorities for this pro- gramme; and if he will make a statement on the Minister for the Environment, Heritage and matter. [22586/04] Local Government (Mr. Roche): During its Presi- dency of the European Union, Ireland actively Minister of State at the Department of the sought to progress towards the adoption of these Environment, Heritage and Local Government two directives. The two proposed directives com- (Mr. N. Ahern): The Government announced in prised a Council directive setting out basic obli- early July 2004 a new initiative whereby local gations and general principles on the safety of authorities will meet the long-term housing needs nuclear installations and a Council directive on of social welfare rent supplementation recipients. the management of spent nuclear fuel and radio- The new arrangements will involve local auth- active waste. Taken together the proposals were orities progressively assuming responsibility over known as the nuclear safety package. a four year period for accommodating rent sup- In chairing the European Council’s Atomic plement recipients who have been assessed as Questions Working Group, Ireland sought to find having long-term housing need, excluding asy- a sound consensus on the package to facilitate its lum-seekers or other non-nationals who do not adoption at the earliest opportunity. While a have leave to remain in the State permanently number of member states, including Ireland, fav- and persons in receipt of rent supplement as a oured the adoption of these EU directives, a 747 Written 30 September 2004. Answers 748

[Mr. Roche.] prohibits member states from impeding the plac- blocking minority were opposed to the principle ing on the market of packaging which satisfies the of a legal instrument. Despite intensive efforts on provisions of the directive, that is, which is in the part of the Presidency to find unanimous accordance with the essential requirements speci- agreement in the group for the adoption of the fied in Annex II of the directive as to the compo- package in the form of directives, the group was sition and the reusable and recoverable nature unable to reach a consensus in that regard. of packaging. The Council of the European Union, at a meet- Notwithstanding this, I share the Deputy’s con- ing on 28 June 2004, adopted conclusions on cerns with regard to the over-packaging of certain nuclear safety and on the safety of the manage- goods. Excessive packaging is generated through ment of spent nuclear fuel and radioactive waste. a combination of poor packaging design, inef- These conclusions reaffirmed the commitment of ficient production or manufacturing processes, the Community and its member states to a high and unsustainable consumption patterns, for level of nuclear safety and to the safe manage- example, by purchasing excessively packaged ment of spent fuel and radioactive waste. The products. Taking action to prevent waste being Council also stated that it would return to this generated in the first place is fundamental to the matter in a timely manner. overriding objective of de-coupling economic The European Commission has now put for- growth from growth in waste arisings. However, ward amended proposals for a Council directive Ireland is particularly disadvantaged in relation laying down basic obligations and general prin- to the prevention and minimisation of packaging ciples on the safety of nuclear installations and in that approximately 75% of the packaging for a Council directive on the safe management placed on the market here is imported in associ- of spent nuclear fuel and radioactive waste. It is ation with imported goods. envisaged that these new proposals will be dis- The principle of producer responsibility cussed in the Atomic Questions Working Group requires waste producers to contribute to the in due course. waste management costs of products which they have placed on the market at end-of-life. In sup- Social and Affordable Housing. port of this approach, a producer responsibility 21. Mr. Crowe asked the Minister for the initiative already operates in Ireland in relation Environment, Heritage and Local Government if to packaging waste, underpinned by the Waste his Department has completed its examination of Management (Packaging) Regulations 2003, the income limits for affordable housing and which replaced earlier regulations introduced in shared ownership schemes referred to in the reply 1997. Under the regulations, producers are to Question No. 789 of 27 April 2004; if he required to take steps to recover packaging waste intends to increase the loan limits under the or alternatively to contribute to, and participate affordable housing and shared ownership in, compliance schemes set up to recover packag- schemes in line with inflation; and if he will make ing waste. Repak Ltd., established by Irish indus- a statement on the matter. [22610/04] try in 1997 to promote, co-ordinate and finance the collection and recovery of packaging waste Minister of State at the Department of the with a view to achieving Ireland’s packaging Environment, Heritage and Local Government waste recovery and recycling targets under Euro- (Mr. N. Ahern): My Department has completed pean Parliament and Council Directive the review referred to in the question. As a result, 1994/62/EC on packaging and packaging waste, is significant improvements to the loan and income the only such approved compliance scheme. limits for shared ownership and affordable hous- While Repak’s primary role is to support the ing schemes have been made. The revised income recycling of packaging waste rather than packag- limit is now \36,800 for a single income house- \ ing minimisation, the fees structure applicable to hold and 92,000 for a two income household, its members, which is related to the type and while the maximum loan that can be advanced for \ amount of packaging placed on the market, a local authority house purchase is 165,000. In reflects the polluter pays principle and directly addition, the period for which local authorities incentivises the minimisation and reuse of pack- may advance loans has been extended from 25 aging by producers. years to 30 years. Earlier this year, my predecessor launched an ambitious national waste prevention programme Waste Management. aimed at delivering significant improvements in 22. Mr. Morgan asked the Minister for the waste prevention and minimisation across all Environment, Heritage and Local Government waste streams, including packaging. This pro- when he will introduce regulations under sections gramme is being led by a core prevention team 28 and 29 of the Waste Management Act 1996 to within the EPA which will have the task of bring about waste prevention and minimisation, developing the programme in consultation with particularly with respect to packaging waste. other stakeholders. Funding of \2 million from [22609/04] the environment fund is being provided for the national waste prevention programme in 2004. Minister for the Environment, Heritage and Local Government (Mr. Roche): Article 18 of National Spatial Strategy. European Parliament and Council Directive 1994/62/EC on packaging and packaging waste 23. Ms Lynch asked the Minister for the Envir- 749 Written 30 September 2004. Answers 750 onment, Heritage and Local Government the of the strategy in moving forward the progressive position with regard to the implementation to decentralisation of Government offices and agen- date of the national spatial strategy; and if he will cies. The decentralisation programme takes make a statement on the matter. [22570/04] account of the NSS. However, the Government also had to take account of a wide range of other 46. Mr. Gogarty asked the Minister for the factors in selecting suitable locations for decen- Environment, Heritage and Local Government tralisation. These other factors included the core his views on the statement (details supplied) that business and nature of the relevant Department the Government decentralisation plan effectively or agency, the location of their customer base, the meant that the national spatial strategy was being location of existing decentralised offices, the driven by short-term policies; and if, during the summer recess of 2004, changes have taken place desirability of clustering a Department’s in Government policy to take account of these decentralised units within a region, the import- concerns. [22631/04] ance of respecting the scale and character of locations in terms of their capacity to absorb the Minister for the Environment, Heritage and new jobs involved, the existence of good trans- Local Government (Mr. Roche): I propose to port links and the general infrastructure capacity take Questions Nos. 23 and 46 together. in the locations selected. The Government is fully committed to the In addition to gateways and hubs, the NSS implementation of the national spatial strategy, identified the need to strengthen the county town NSS, and has put a wide range of measures in and large town structure and the need for a place at national, regional and local levels aimed renewed emphasis on the potential of small at achieving the strategy’s objectives. A signifi- towns, villages and rural areas. The strategy cant milestone in the implementation of the envisages that county towns and other medium- strategy was reached earlier this year with the sized towns would continue to play important adoption by all regional authorities of regional roles as “local capitals”, developing their planning guidelines which will help to structure enterprise and service functions and continuing to and inform local planning. For the first time provide opportunities for employment both in the guidelines of this nature have now been put in towns themselves, and in related smaller towns, place throughout the whole country setting the villages and rural areas. The relocation of public strategic policy agenda which planning authorities service employment to many of these towns will must address in their development plans and help to underpin the important role which many creating the crucial linkage needed between over- of them will continue to play into the future. The all national spatial policy as set out under the Government remains fully committed to this NSS and local planning policies. decentralisation programme. I am aware of the views expressed by the pres- ident of the Irish Planning Institute. I value and Planning Issues. welcome the views of all stakeholders in the plan- ning process but I consider that much has been 24. Ms B. Moynihan-Cronin asked the Minister done in recent years to strengthen and renew spa- for the Environment, Heritage and Local tial planning in Ireland. Recent developments of Government the position regarding the threat by note supporting the achievement of the Govern- the EU Commission to take legal action arising ment’s objectives as set out under the NSS have from the decision of the Government to intro- included the substantial progress now being made duce a \20 charge for making a submission on a on major national development plan capital planning application; and if he will make a state- investment programmes supporting balanced ment on the matter. [22574/04] regional development, particularly in the development of key regional and inter-regional Minister for the Environment, Heritage and road and rail linkages and in other substantial Local Government (Mr. Roche): On 23 January infrastructure projects which will support the role 2003, the European Commission issued Ireland \ the key gateways and hubs identified in the with a reasoned opinion to the effect that the 20 strategy. fee for the making of a submission on a planning The mid-term review of the national develop- application which requires environmental impact ment plan also signalled strongly the potential for assessment is contrary to the public participation further aligning NDP expenditure with the NSS provisions of Directive 85/337/EEC on environ- planning framework, particularly in the environ- mental impact assessment, EIA. A reply, mental infrastructure and regional operational responding to each of the points raised in the rea- programmes. Gateway implementation frame- soned opinion, issued to the European Com- works are now in place in Cork and Galway and mission on 16 May 2003, set out our contention work on similar is advancing in other areas. The that the imposition of a \20 participation fee is proposals announced earlier this year for substan- not in conflict with the provisions of the directive. tial investment in new suburban rail services in On 22 July 2003, the European Commission the Cork area are a significant example of a direct issued a press release in which they stated their response from the Government to planning poli- intention to refer the case to the European Court cies agreed at regional level to promote the of Justice. No official communication has been development of a gateway. received from the Commission to date. I have no In adopting and publishing the NSS the proposal to amend the relevant regulations which Government stated that it would take full account reflect an approach endorsed by the Oireachtas 751 Written 30 September 2004. Answers 752

[Mr. Roche.] The plan contains a commitment to carry out a in the context of the Planning and Development full interim review of progress in its implemen- Act 2000. tation. Work on this review is advanced and it is intended to publish a report on it by early 2005. Illegal Dumping. Waste Disposal. 25. Mr. Allen asked the Minister for the Envir- onment, Heritage and Local Government the 27. Mr. O’Shea asked the Minister for the locations of all illegal dumps found by local auth- Environment, Heritage and Local Government orities from 2000 to date; and the actions which his views on the preliminary ruling of the Euro- have been taken in each case against the illegal pean Court of Justice in the case taken by the dumpers by the relevant local authorities. Commission against Ireland regarding the failure [22603/04] to comply with EU directives on waste disposal, including illegal dumping; and if he will make a Minister for the Environment, Heritage and statement on the matter. [22576/04] Local Government (Mr. Roche): The information requested is not available in my Department. The Minister for the Environment, Heritage and Office of Environmental Enforcement, OEE, has Local Government (Mr. Roche): It would be commissioned a comprehensive study to establish premature to comment in detail on the relevant and document the extent of unauthorised waste opinion of the Advocate General, given the activities in Ireland, and the extent to which they further considerations which must be given to this occur in each of the 34 major local authority matter by the European Court. However, I intend areas. The objectives of the project include to that the opinion will be carefully assessed and review and document the current procedures and where gaps have been identified in our current practices used by the relevant authorities to control regime these will be urgently rectified. investigate unauthorised waste activities, and also Nevertheless, it must be stressed that this case their use of powers available to tackle unauthor- relates to past activities and, in the interim, sub- ised activities. I expect this study to be completed stantial advances have been made in the statutory early in 2005. provisions governing waste management in The OEE has also established an unauthorised Ireland, and their enforcement. These include the waste working group, including representatives of following: the Waste Management Act 1996, as the local authorities and my Department, whose amended by the Waste Management functions include co-ordination of enforcement (Amendment) Act 2001, and the Protection of actions against companies and individuals the Environment Act 2003, along with a range of involved in the illegal movement and disposal of supporting regulations, have brought the law in waste in Ireland. relation to waste into line with best European practice; the licensing regime operated by the National Biodiversity Plan. EPA has also significantly evolved and over 160 waste licences have been issued by the agency to 26. Mr. Gormley asked the Minister for the date; the provision of modernised waste infra- Environment, Heritage and Local Government structure and services, all fully licensed, is con- the position regarding the implementation of the tinuing at an accelerated pace; for all existing national biodiversity action plan; and if he will municipal waste disposal sites operate under make a statement on the matter. [22633/04] EPA waste licences; and the significant national overview of waste management, Taking Stock Minister for the Environment, Heritage and and Moving Forward — April 2004 — demon- Local Government (Mr. Roche): The National strated considerable advances in the provision of Biodiversity Plan 2002-2006 was adopted by waste services between 2001 and 2003: the Government and published in April 2002. number of bring banks increased from 1,400 to The plan was prepared in response to Ireland’s 1,700, civic amenity sites increased from 46 to 61 obligations under the Convention on Biological and the position regarding licensed landfill capa- Diversity, to which Ireland acceded in 1996. This city also showed improvement. convention, which has been ratified by 188 con- I regard enforcement as a key element in mak- tracting parties, provides the framework within ing further progress. This objective is being which nature conservation and other issues rel- advanced in a number of ways. There has been evant to the conservation and sustainable use of considerable strengthening of enforcement pow- biodiversity are be addressed on a worldwide ers and penalties under the Protection of the basis. Environment Act 2003. I have allocated \7 mill- The national biodiversity plan pays special ion for the first year of a major five-year cam- attention to the need for integrating of the con- paign of waste enforcement activity with the servation and sustainable use of biological diver- objective of supporting and enhancing local auth- sity into all relevant sectors. It covers three levels ority enforcement activity. The Office of at which biodiversity may be addressed, namely, Environmental Enforcement, OEE, has been ecosystem diversity, species diversity and genetic established and has in turn established a national diversity. The plan sets out some 91 strategies and enforcement network to ensure a consistent stan- actions under various themes, and focuses on dard of enforcement quality and evenness of identifying specific measures and implemen- activity across local authorities. The OEE has tation mechanisms. recently engaged consultants to conduct a study 753 Written 30 September 2004. Answers 754 of unauthorised waste activities, which will 31% in 2001. These figures indicate that signifi- include establishing the extent of unauthorised cant progress is being made towards the target activities, a review of current procedures and the of 13% above 1990 levels. The National Climate development of guidance on investigation of Change Strategy will continue to underpin the unauthorised activity. Government’s approach to achieving the further I intend to continue to place major emphasis reductions required. on ensuring further progress, including any further measures which may prove necessary in House Prices. response to the prospective judgment of the 29. Mr. M. Higgins asked the Minister for the European Court. Environment, Heritage and Local Government the action he intends to take arising from his Greenhouse Gas Emissions. Department’s annual housing statistics bulletin 28. Mr. Gormley asked the Minister for the which showed that the price for new and second- Environment, Heritage and Local Government hand houses was rising at approximately eight the measures that need to be taken for Ireland to times the rate of inflation and that house buyers comply with its obligations to limit the growth of were forced to borrow \17 billion in 2003 to fin- greenhouse gas emissions, in view of the U-turn ance the purchase of housing; the steps he intends in Government policy with regard to the intro- to take to ensure that families can have access to duction of a carbon tax. [22632/04] affordable housing; and if he will make a state- ment on the matter. [22567/04] 56. Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if 45. Mr. M. Higgins asked the Minister for the his Department has undertaken an assessment of Environment, Heritage and Local Government the implications for the commitments made by the average cost of a new house in Dublin, a this country under the Kyoto Agreement in second-hand house in Dublin, a new house out- regard to reduction of greenhouse gas emissions side of Dublin, and a second-hand house outside of the decision not to proceed with the planned of Dublin, in respect of 1997 and the latest year carbon tax; if Ireland’s current emissions are dou- for which figures are available; the plans he has ble the limit set under Kyoto; the steps he intends to ensure availability of affordable housing in to take to ensure that commitments under Kyoto view of recent figures (details supplied) showing are met; and if he will make a statement on the that house price inflation here was seventh high- matter. [22558/04] est of 20 countries surveyed; his estimate of the 60. Caoimhghı´nO´ Caola´in asked the Minister likely increase in house prices during 2004; and if for the Environment, Heritage and Local he will make a statement on the matter. Government the measures he intends to take to [22566/04] enable the State to comply with its obligations Minister of State at the Department of the under the Kyoto Protocol and to combat climate Environment, Heritage and Local Government change in view of the decision not to proceed (Mr. N. Ahern): I propose to take Questions Nos. with the introduction of carbon taxes. [22616/04] 29 and 45 together. Minister for the Environment, Heritage and The unprecedented demand for housing, Local Government (Mr. Roche): I propose to fuelled mainly by rapid economic growth and take Questions Nos. 28, 56 and 60 together. demographic changes, has been the major driver Following an examination of the carbon tax of house price increases in recent years. The proposal, including an extensive public consul- Government’s strategy is to increase housing sup- tation, the Government has concluded that such ply to meet demand and to improve affordability, a tax was not an appropriate policy option for the particularly for first-time buyers, and in this way purpose of achieving greenhouse gas emissions to seek to bring moderation to house price reductions. A carbon tax was one option only in increases. the Government’s overall response to Ireland’s The measures introduced by this Government commitment under the Kyoto Protocol to limit to boost supply, including significant investment emissions of greenhouse gases to 13% above 1990 in infrastructure, improving planning capacity levels. It was estimated that a carbon tax would and promoting increased residential densities, are have contributed just over 0.5 million tonnes of having effect. The year 2003 was the ninth record emissions reductions towards a total reduction year for house completions, with 68,819 units requirement of 9.2 million tonnes per annum dur- completed, an increase in output of 19.3% on ing the first commitment period under the Proto- 2002 and an increase of 10.5% in output in the col 2008-12. Alternative policy options, focusing greater Dublin area during the same period. Out- on non-tax measures in the National Climate put continues to remain high in 2004 with 35,957 Change Strategy, are being examined with a view units completed in the first six months of this to achieving the necessary emissions reductions year. Ireland is building at the fastest rate in and ensuring compliance with the Kyoto Europe — 17 houses per 1,000 population — Protocol. which is an outstanding achievement. Preliminary figures released by the Environ- While the rate of house price increases is still mental Protection Agency in July 2004 indicate problematic, this has moderated considerably that emissions in 2003 were 24.7% above 1990 since the late 1990s when price increases peaked levels, down from approximately 29% in 2002 and at 40% per annum in 1998. Detailed information 755 Written 30 September 2004. Answers 756

[Mr. N. Ahern.] gation between Ireland and the Commission on house prices are set out in my Department’s before the European Court of Justice. Under the Housing Statistics Bulletin, copies of which are provisions of the European Court of Justice, third available in the Oireachtas Library. A number of party member states can intervene in proceedings market commentators, including the Central between another member state and the European Bank, are now predicting greater balance in the Commission. In accordance with these provisions housing market over the next few years, as the UK has intervened in support of the Euro- increased supply has a restraining effect on house pean Commission case while Sweden has inter- prices. Indicative data available to the Depart- vened in support of the case made by Ireland. ment show that first-time buyers continue to have Pleadings are currently being exchanged in these a significant presence in the housing market. proceedings and while a date for the court hear- The Government will continue to focus on ing has not been set, it could be heard at the end measures to maintain a high level of housing sup- of this year or early 2005. ply in keeping with demand and ensuring that the demand for housing is met in a sustainable man- Social and Affordable Housing Programmes. ner, and we will continue to monitor and review 31. Mr. Broughan asked the Minister for the housing developments and policies as necessary. Environment, Heritage and Local Government The investment in the servicing of land has led to the number of social and affordable houses built a strong stock of land available for residential to date under Part V of the Local Government development. (Planning and Development) Act 2000; if he has At the same time, the Government is con- satisfied himself at the numbers built to date; if cerned to ensure that the broad spectrum of hous- \ he has plans for measures to ensure that more ing needs is met. Almost 5.17 billion has been houses are built under this provision; and if he spent in the first four years of the national will make a statement on the matter. [22562/04] development plan on social and affordable hous- ing measures, over 7% ahead of the forecast for Minister of State at the Department of the that period, reflecting the strong commitment of Environment, Heritage and Local Government the Government to continue to meet the needs of (Mr. N. Ahern): I refer to the reply to Questions low income groups and those with social and Nos. 1 and 2 of 30 September 2004. special housing needs. The housing needs of over 13,600 households were met in 2003 compared to Political Lobbying. almost 8,500 in 1998, which is the highest level of 32. Mr. Penrose asked the Minister for the housing provision under the full range of social Environment, Heritage and Local Government if and affordable housing measures for over 15 the Government remains committed to introduc- years. The total amount of funding available for ing legislation to control or regulate political lob- social and affordable housing measures in 2004 bying; when it is expected that such legislation of \1.884 billion is over four times that amount will be introduced; and if he will make a state- provided in 1997 and represents an increase of ment on the matter. [22580/04] 5.4% of the 2003 provision. Minister for the Environment, Heritage and Nuclear Plants. Local Government (Mr. Roche): Following the report by the Institute of Public Administration 30. Mr. Sherlock asked the Minister for the on the regulation of lobbyists in developed coun- Environment, Heritage and Local Government tries (which was placed in the Oireachtas library the position regarding this country’s international in June 2004), further more detailed research is legal case in connection with the Sellafield being commissioned on those states which have nuclear plant; and if he will make a statement on formal systems in place. The question of the regu- the matter. [22592/04] lation of lobbyists is being examined in light of Minister for the Environment, Heritage and the initial report and of other current legislative Local Government (Mr. Roche): The arbitration proposals and initiatives in this area; the planned proceedings brought by Ireland against the research will further inform the ongoing United Kingdom under the United Nations Con- assessment. vention on the Law of the Sea, UNCLOS, in relation to the Sellafield MOX plant are currently Nuclear Safety. adjourned pending resolution of jurisdictional 33. Mr. Stagg asked the Minister for the Envir- issues in the dispute, which were raised by the onment, Heritage and Local Government if his European Commission. However, Ireland was attention has been drawn to reports that a deadly granted a provisional measures order by the tri- cargo of weapons grade plutonium en route from bunal on 24 June 2003. This order called upon the the US to France may pass close to or through United Kingdom and Ireland to make arrange- Irish waters; if he has sought and received an ments to review and improve co-operation and assurance that this shipment will not pass through consultation between the two countries. Dis- Irish waters; and if he will make a statement on cussions in this regard between officials from the matter. [22589/04] Ireland and the United Kingdom are currently ongoing. 34. Mr. Eamon Ryan asked the Minister for the The jurisdictional issues raised by the Euro- Environment, Heritage and Local Government if pean Commission are currently the subject of liti- a shipment of radioactive cargo taken from the 757 Written 30 September 2004. Answers 758 warheads of US strategic missiles bound for the Ireland again adopted a key role in the drafting French port of Cherbourg will be prevented from of the resolution on transport safety, which entering Irish territorial waters; and the com- addresses the issue of communication on ship- munication he has had in this regard with the ments between shipping and coastal states. I am British Government and the owners of the ships pleased to say that this resolution was ultimately involved (details supplied). [22636/04] sponsored by Chile, France, Ireland, Japan, New Zealand, Peru, the UK, the USA, and Turkey. It 43. Mr. S. Ryan asked the Minister for the received widespread support from all of the other Environment, Heritage and Local Government member states of the EU as well as numerous the response he has received to the proposal other delegations at the conference. It was made jointly with New Zealand, Peru and Chile adopted at the plenary session of the General to the International Atomic Energy Agency seek- Conference by consensus on 24 September last. ing detailed information for coastal states on While the issue will continue to prove difficult, I shipments of nuclear waste on international seas; believe this resolution provides a basis on which and if he will make a statement on the matter. to address the concerns of coastal states and [22591/04] Ireland with like minded states will continue to Minister for the Environment, Heritage and pursue these issues at the IAEA and other rel- Local Government (Mr. Roche): I propose to evant international fora. take Questions Nos. 33, 34 and 43 together. I am aware of the proposed shipment from the House Prices. United States to France. This shipment arises 35. Ms Burton asked the Minister for the from an agreement between the US and Russia Environment, Heritage and Local Government if in regard to the decommissioning of nuclear wea- he has received the report of the NESC on hous- pons. I understand that weapons grade plutonium ing and building land; when it is expected that the arising from the decommissioning process is report will be published; if he has completed his being shipped from the US to France for fabri- consideration of the results of the research he cation into MOX nuclear fuel for application in commissioned from a company (details supplied) US nuclear reactors. I understand that the ship- into the ownership and control of building land ment which departed the US on the 20 September in certain development areas, particularly Dublin, last is expected to transit only international and to determine whether current practices are French territorial waters at the European end. retarding the overall delivery of building land or My officials have sought and received assurances impeding long term market stability; when the from the United States and France that the ship- results of the research will be published; and if he ment will not enter Irish territorial waters. On will make a statement on the matter. [22560/04] this basis, the issue of preventing the shipment entering Irish waters does not arise. In addition Minister for the Environment, Heritage and to the information received from the US and Local Government (Mr. Roche): I refer to the France, the UK Government advised my officials reply to priority Question No. 5 on today’s of the dispatch of the two ships from the UK to Order Paper. collect the shipment from the US for transport to France. This communication was on a Govern- Question No. 36 re-submitted. ment to Government basis and no direct com- munication took place with British Nuclear EU Directives. Fuels Ltd. 37. Mr. Wall asked the Minister for the Envir- The issue of notification and communication onment, Heritage and Local Government the on nuclear shipments between nuclear shipping position in regard to the proposed nitrates direc- states and non-nuclear coastal states has been a tive; and if he will make a statement on the difficult issue at the IAEA for some years. Coas- matter. [22585/04] tal states including Ireland argue that given public concern, the risk of an accident, the risk of Minister for the Environment, Heritage and environmental damage etc. posed by inter- Local Government (Mr. Roche): Council Direc- national nuclear shipments it is necessary for tive 91/676/EEC, commonly known as the nitrates those states to be given detailed information directive, has been implemented in Ireland by regarding such shipments to allow them to assess way of extensive monitoring of nitrate levels in the risk and take measures in relation to emer- waters, the assessment of the trophic status of gency preparedness and response should they waters, the development and dissemination in consider it appropriate. The shipping states argue 1996 of a code of good agricultural practice to that these shipments utilise international waters, protect waters from pollution by nitrates and a conform to the highest standards of safety set by range of other measures which operate to protect the IAEA and are safe and secure. They also con- water quality from pollution by agricultural sider that notification and communication obli- sources. gations would compromise the fundamental right These other measures include the provision of of innocent passage for all high seas shipments funding under schemes administered by the enshrined in international law. Department of Agriculture and Food, DAF, such Ireland has participated actively and construc- as the control of farmyard pollution scheme, the tively on this issue annually in the IAEA General rural environment protection scheme and the Conference. In the 2004 General Conference farm waste management scheme to support 759 Written 30 September 2004. Answers 760

[Mr. Roche.] gress, an application is being made to the Euro- expenditure by farmers in meeting on measures pean Commission for approval to apply higher for pollution control and environmental protec- limits — up to 250 kg per hectare per annum in tion standards. They also include bye-laws made appropriate circumstances — in relation to the by local authorities under the Local Government landspreading of organic nitrogen. The case for (Water Pollution) Acts, a wide range of imple- this derogation is being developed by DAF and mentation and enforcement actions taken by Teagasc in consultation with my Department. local authorities under those Acts, the progress- A comprehensive guidance document on the ive extension of the integrated pollution control requirements of the action programme is being licensing system operated by the EPA to apply to prepared by DAF and will be distributed to farm- a wider range of intensive agricultural activities, ers and other stakeholders. This document will and the introduction of requirements for com- explain the requirements of the action pro- pliance with good farming practice in the context gramme in detail and provide specific advice on of EU-funded direct payments to farmers under good farming practice in respect of each measure agri-assistance schemes administered by DAF. specified in the action programme. Under the single farm payment scheme, which will replace a number of existing direct payment Planning Issues. schemes from January 2005, farmers will be 38. Mr. Boyle asked the Minister for the Envir- required to comply with a number of EU legislat- onment, Heritage and Local Government if he ive provisions including the nitrates directive. has satisfied himself regarding the mandate given Extensive discussions with the main farming to An Bord Pleana´la and that it has the resources organisations and other interests have taken to implement it; and if he will make a statement place since December 2001 as to the further on the matter. [22628/04] implementation of the nitrates directive. In Feb- ruary 2002, my Department issued an information Minister for the Environment, Heritage and paper on good agricultural practice and protec- Local Government (Mr. Roche): The Planning tion of the environment, which set out the back- and Development Act 2000 expanded the role of ground issues and the preferred approach of the board to include approvals of major local applying an action programme to all areas rather authority infrastructure projects, as well as intro- than to designated vulnerable zones. Consistent ducing new timeframes intended to streamline with the approach set out in the paper, the Euro- planning appeal procedures. Officials from my pean Communities (Protection of Waters Against Department and An Bord Pleana´la have been Pollution from Agricultural Sources) Regulations addressing on an ongoing basis a range of 2003 identified the whole territory of Ireland as measures to enable the board to discharge its the area to which an action programme will be functions effectively. As a result, significant developed and applied for the purposes of the additional staffing and financial resources have nitrates directive. been allocated to the board. A draft national action programme for further Currently the authorised staff complement, implementation of the directive was prepared by excluding board members, is 138, an increase of my Department, jointly with DAF and in consul- 53 posts since July 1997. In 2003, An Bord Plean- tation with Teagasc, and was issued for consul- a´la was paid \10.823 million in funding by my tation on 19 December 2003. Some 70 sub- Department. A further \11.2 million was allo- missions were received from interested parties cated in 2004, an increase of 5%. and a revised draft was prepared having regard These additional resources and changes in the to the submissions received. The revised draft was board’s work practices are having results. The made available on 9 July 2004 to interested par- board is now determining over 80% of appeals ties in a second round of consultation. An inde- within its statutory objective of 18 weeks. This pendent adviser was appointed to consider the improvement in its performance has been secured comments received and to make a report to me notwithstanding a steady increase in the numbers with recommendations regarding the provisions and complexity of appeals over the last few years. of the draft programme. I understand some 50 submissions have been Archaeological Sites. received and I hope to receive the report and recommendations of the independent adviser 39. Mr. Boyle asked the Minister for the Envir- shortly. The draft action programme will then be onment, Heritage and Local Government his revised as necessary and submitted to the EU views on the significant number of archaeological Commission. The action programme will be sites along the Tara-Skryne motorway route; and implemented on a phased basis with effect from his further views on whether alterations can be 1 January 2005 and will operate for a period of made to the route at this stage of the planning four years. process to minimise the impact on these sites. [22629/04] The directive requires the application of a gen- eral landspreading limit of 170 kg of organic Minister for the Environment, Heritage and nitrogen per hectare per annum and the action Local Government (Mr. Roche): The statutory programme must reflect this requirement which authority for approval of motorway schemes is is underpinned by recent judgments of the Euro- An Bord Pleana´la, which approved the motorway pean Court of Justice. However, in accordance scheme in this case. It would not be appropriate with the commitment given in Sustaining Pro- for me to comment on that decision. 761 Written 30 September 2004. Answers 762

The National Monuments (Amendment) Act Government the progress made to date in regard 2004 provides that any works of any archaeolog- to his consideration of the report of the Health ical nature that are carried out in respect of an Research Board study commissioned by his approved road development must be carried out Department into the likely effects of landfill and in accordance with the directions of the Minister thermal treatment; the specific steps he intends for the Environment, Heritage and Local to take to deal with the finding in the report that Government. Meath County Council has applied Ireland has insufficient resources to carry out to me for a number of such directions which I will adequate risk assessments for proposed waste consider in accordance with the provisions of the management facilities; and if he will make a state- Act. Pending determination of these applications, ment on the matter. [22575/04] it would not be appropriate for me to comment Minister for the Environment, Heritage and on the issues involved. Local Government (Mr. Roche): The report referred to is the subject of ongoing consideration Local Authority Funding. between my Department, the Department of 40. Mr. J. Bruton asked the Minister for the Health and Children and the Environmental Pro- Environment, Heritage and Local Government if tection Agency. This process includes consider- he proposes to amend the schemes of discretion- ation of the report on the Review of Environmen- ary improvement and block grants to local auth- tal and Health Effects of Waste Management: orities in order to fulfil the joint programme Municipal Solid Waste and Similar Wastes, which promise that a portion of the road budget would was more recently published by the UK Depart- be specifically earmarked for footpaths for ment for Environment, Food and Rural Affairs. pedestrians. [20277/04] I intend, with the agreement of my colleague, Minister for the Environment, Heritage and the Minister for Health and Children, to publish Local Government (Mr. Roche): Road grants a detailed statement on the matter before the end provided by my Department for non-national of the year. roads include provision for funding footpaths. Question No. 43 answered with Question Urban road authorities receive a special block No. 33. grant for footpath-carriageway restoration which must be used for restoration works on car- 44. Aengus O´ Snodaigh asked the Minister for riageways and footpaths. A total of \15.087 mill- the Environment, Heritage and Local Govern- ion has been provided in 2004, an increase of ment if he will introduce regulations under 10.6% on the 2003 allocation. In addition, a total section 29/4/(f) of the Waste Management Act sum of \2.183 million has been allocated to Cork, 1996 requiring a producer, distributor or retailer Galway, Limerick and Waterford City Councils to operate a deposit refund scheme in relation to under the regional traffic management scheme in certain products such as beverage containers, bat- 2004. This funding can be used for various works teries and so on which are made, distributed or including the provision and improvement of ped- sold by such persons; and if he will make a state- estrian facilities. ment on the matter. [22612/04] Local authorities may use their own resources, 50. Mr. Sargent asked the Minister for the as supplemented by my Department’s discretion- Environment, Heritage and Local Government if ary improvement and block grants, to fund the the introduction of compulsory deposits on bev- provision of footpaths. In 2004, the total dis- erage containers, for example, requires legislation cretionary improvement grant allocation by my \ or is already facilitated through the Waste Man- Department to county councils is 22 million, agement Act 1996; and his plans to introduce which represents an increase of 5% on the 2003 such an initiative in view of his statement of 28 allocation. The total 2004 block grant allocation January 2003 that commercial packaging waste by my Department to city, borough and town \ that can be recycled should be recycled and that councils is almost 14.1 million, which represents disposal will not be an option. [22625/04] an increase of 8.6% on the 2003 allocation. Minister for the Environment, Heritage and Social and Affordable Housing Programmes. Local Government (Mr. Roche): I propose to 41. Aengus O´ Snodaigh asked the Minister for take Questions Nos. 44 and 50 together. the Environment, Heritage and Local Govern- Section 29 of the Waste Management Act 1996 ment the progress which has been made to date sets out comprehensive provisions relating to the with regard to the 10,000 houses promised as part recovery of waste, including enabling provision of Sustaining Progress; and if he will make a for the making of regulations requiring pro- statement on the matter. [22613/04] ducers, distributors or retailers of specific prod- ucts or substances to operate deposit and refund Minister of State at the Department of the schemes in respect of such products or sub- Environment, Heritage and Local Government stances, or of any component of or packaging (Mr. N. Ahern): I refer to the reply to Questions related to, such products or substances. Nos. 1 and 2 of 30 September 2004. With regard to beverage containers, European Parliament and Council Directive 1994/62/EC on Waste Management. packaging and packaging waste is based on the 42. Ms B. Moynihan-Cronin asked the Minister concept of producer responsibility, which effec- for the Environment, Heritage and Local tively requires producers to contribute to the 763 Written 30 September 2004. Answers 764

[Mr. Roche.] Local Authority Housing. waste management costs of products which they 47. Mr. Howlin asked the Minister for the have placed on the market at end-of-life. Under Environment, Heritage and Local Government the directive, Ireland was required to achieve a the number of persons on local authority housing 25% recovery rate of packaging waste by 1 July lists at the latest date for which figures are avail- 2001, increasing to a 50% recovery rate by 31 able; the way in which this figure compares with December 2005. Practical implementation of the the corresponding figure for the equivalent dates directive in Ireland is organised mainly through a in each of the previous five years; the number of collective industry-based compliance scheme local authority dwellings completed or acquired operated by Repak which is working successfully in 2002 and 2003 and the anticipated number for and in 2001 met the target of 25% packaging 2004; and if he will make a statement on the waste recycling required by the directive. matter. [22568/04] The EPA has reported in its National Waste Database Interim Report for 2002, published in 61. Mr. Durkan asked the Minister for the June 2004, that packaging waste recovery Environment, Heritage and Local Government increased further to an estimated 33% in that his plans to reduce the numbers on local authority year. Progress has been further facilitated in the housing waiting lists; if he expects to be in a posi- interim period arising from the implementation tion to deal adequately with the situation within of the local and regional waste management the lifetime of the present Government; and if he plans, assisted by my Department from the envir- will make a statement on the matter. [22663/04] onment fund, and new packaging regulations 65. Mr. Costello asked the Minister for the introduced last year requiring those who place Environment, Heritage and Local Government if packaging on the market to segregate their back- his attention has been drawn to the call made in door packaging waste and have it collected by the annual report of Threshold for the Govern- authorised operators. Bottles and cans sold and ment to at least double the number of social consumed in pubs, clubs and hotels are all housing completions by local authorities; if he covered and must now be recycled. intends to act on this call; and if he will make a The latest indications are that Ireland is on statement on the matter. [22564/04] course to meet the higher recovery and recycling targets for end 2005. Minister of State at the Department of the Successful deposit and refund schemes Environment, Heritage and Local Government operating internationally for beverage containers (Mr. N. Ahern): I propose to take Questions Nos. are generally located in those countries where 47, 61 and 65 together. there has been no break in the continuity and cul- The results of the statutory assessment of local tural tradition of deposit and refund arrange- authority housing need, which was undertaken by ments. This is not the case in Ireland and there local authorities in March 2002, indicated that a would now quite likely be significant costs total of 48,413 households were in need of hous- involved in re-establishing deposit and refund ing, compared with 39,176 households in March arrangements here. Account would also have to 1999. Detailed information on the results of the be taken of the possible impact on existing com- 2002 assessment was published in my Depart- pliance arrangements. Given that these arrange- ment’s September 2002 quarterly edition of the ments are achieving the desired result in relation Housing Statistics Bulletin, copies of which are to meeting the recycling targets, the introduction available in the Oireachtas Library. The next of deposit and refund schemes for beverage con- statutory assessment of need is due to be under- tainers is not under consideration. taken by local authorities in March 2005. The EU Commission published proposals in Local authorities completed-acquired 5,074 November 2003 for a directive on batteries, units in 2002, 4,972 units in 2003 and completions- aimed primarily at increased collection and take- acquisitions are envisaged at approximately the back of batteries, and their subsequent environ- same level in 2004. In addition, the voluntary mentally sound treatment and recovery, and the housing sector provided 1,360 units in 2002, 1,617 restriction of the use of hazardous substances in units in 2003 and is expected to provide 1,800 such products. units in 2004. The use of economic instruments — including While I am aware of calls to escalate the level environmental levies, differentiated tax rates and of social housing provision, the Government has deposit and refund schemes — to influence been conscious of the increased level of social increased recovery of batteries by member states housing need and has responded actively to this are being discussed in the context of the proposed situation by expanding social and affordable directive. Pending the finalisation of the deliber- housing output. For example, it is anticipated that ations on the proposed directive, the introduction total social housing output this year, taking of deposit and refund arrangements for batteries account of new local authority housing vacancies is not under consideration. arising in existing houses and output under other social housing measures, will meet the needs of Question No. 45 answered with Question around 13,000 households. This compares with No. 29. some 7,000 households in 1993. Social and Affordable Housing. Question No. 46 answered with Question No. 23. 48. Mr. Cuffe asked the Minister for the Envir- 765 Written 30 September 2004. Answers 766 onment, Heritage and Local Government result in a severe diminution in the level of social whether developers of less than four housing housing rental stock in the State; and if he will units and of one-off houses in rural areas make a make a statement on the matter. [22615/04] contribution to affordable and social housing; and Minister of State at the Department of the if he will make a statement on the matter. Environment, Heritage and Local Government [22627/04] (Mr. N. Ahern): The Government is committed Minister of State at the Department of the to the continued expansion of the social housing Environment, Heritage and Local Government rented stock by both local authorities and volun- (Mr. N. Ahern): Under Part V of the Planning tary housing bodies. and Development Acts 2000 to 2002, up to 20% I am not aware of any specific proposals by of land zoned for residential development may be local authorities to reduce the level of the local reserved for the needs of social and affordable authority housing stock. housing. Planning applications for four or fewer 52. Mr. Broughan asked the Minister for the houses or for housing developments on a site of Environment, Heritage and Local Government 0.1 hectares or less are exempt from these the number of houses started and completed to requirements. These thresholds were set at a level date under the commitment included in the Sus- at which it was considered practical to provide taining Progress agreement to construct 10,000 social and affordable housing in new housing affordable houses; when work will commence on developments. the lands in Dublin, Meath and Kildare as announced on 13 July 2004 were to be handed Recycling Facilities. over for this purpose; the location and acreage of 49. Mr. Morgan asked the Minister for the the sites involved; and if he will make a statement Environment, Heritage and Local Government on the matter. [22563/04] when the civic amenity centre in Drogheda will be completed and operational; the reason for the Minister of State at the Department of the undue delay in the completion of this facility; the Environment, Heritage and Local Government implications the delay is having on the recycling (Mr. N. Ahern): I refer to the reply to Questions potential of residents in Drogheda; and if he will Nos. 1 and 2 of 30 September 2004. make a statement on the matter. [22608/04] On 13 July 2004, the Taoiseach announced a number of sites which had been made available Minister for the Environment, Heritage and by the Minister for Agriculture and Food and by Local Government (Mr. Roche): The initial a number of local authorities for the affordable application to my Department from Drogheda housing initiative. These include lands in Du´ n Borough Council for assistance towards the pro- Laoghaire Rathdown, Fingal, South Dublin, vision of a civic amenity centre in Drogheda Kildare and Meath and the details are set out could not be supported due to issues associated below. Development on these projects will now with the proposed procurement process. Follow- be progressed subject to planning, procurement ing contact with my Department, the draft brief and other statutory procedures, with a view to for the centre was modified significantly, and construction commencing at the earliest possible received approval from the Department on 15 date. April 2004. Consulting engineers have been appointed to the project, and the tender process Electronic Voting. should commence in the coming months. Construction is expected to commence in early 53. Mr. Allen asked the Minister for the Envir- 2005 and to take not more than six months. onment, Heritage and Local Government the While the construction of the centre should be locations at which the electronic voting machines of significant benefit to the people of Drogheda are stored; the number of machines in each and the surrounding region, I would stress that location; the annual cost of storage at each recycling facilities are currently available in the location; and if he proposes to use these machines town. A privatised kerbside collection is in oper- in the forthcoming by-elections in Kildare and ation, and there are ten extensively-used bring Meath. [22602/04] sites. Completion of the new centre will enable 70. Mr. Cuffe asked the Minister for the Envir- the people of Drogheda and its environs to onment, Heritage and Local Government if he improve their rates of recycling and recovery has studied the recent referendum in Venezuela still further. in which both manual and electronic voting was used; and his views on whether elements of its Question No. 50 answered with Question voting system can be incorporated into this coun- No. 44. try’s voting system. [22626/04] 74. Ms McManus asked the Minister for the Social and Affordable Housing. Environment, Heritage and Local Government if 51. Mr. Ferris asked the Minister for the Envir- he has received further reports from the elec- onment, Heritage and Local Government the tronic voting commission; if not, when he expects Government’s policy on the level of social hous- to receive further reports; if it is intended to use ing rental stock which should be maintained in electronic voting in by-elections that may be held; the State; his views on whether certain policies and if he will make a statement on the matter. being pursued by some local authorities will [22572/04] 767 Written 30 September 2004. Answers 768

Minister for the Environment, Heritage and onment, Heritage and Local Government if he Local Government (Mr. Roche): I propose to will list the cases in which the European Com- take Questions Nos. 53, 70 and 74 together. mission has initiated legal action or announced Following publication of its interim report in that it intends to take legal action arising from April 2004, the Commission on Electronic Voting the failure by this country to implement EU has been mandated by the Electoral directives for which his Department has responsi- (Amendment) Act 2004 to continue to assess the bility; the steps he is taking to ensure that all of secrecy and accuracy of the electronic voting and these directives are implemented in full; and if he counting system and to make a further report or will make a statement on the matter. [22582/04] reports for this purpose. While the commission has been in contact with my Department in Minister for the Environment, Heritage and regard to the content of a proposed further Local Government (Mr. Roche): There are cur- report, details of progress in fulfilling its mandate rently seven cases in respect of which the Euro- are a matter for the commission. pean Commission has initiated legal action in In parallel with the continuation of the com- relation to non-implementation of EU directives mission’s work, my Department is developing a in areas for which my Department has responsi- programme of further testing and validation bility. This figure includes one case where the which is intended to address the concerns raised Commission applied to the court for a daily fine in the interim report with regard to the secrecy in relation to the incomplete transposition of the and accuracy of the electronic voting and coun- EIA directive. In a further case, the Commission ting system. The objective of this programme is has announced its intention to take legal action. to demonstrate both to the commission and to the The cases where legal action has been initiated public that the electronic system is suitable to be are as follows. used at Irish elections. The timing of the further Dangerous substances in water: This case use of the system is dependent on the progress relates to a directive on water quality. This direc- made with this programme of work and the dates tive is substantially implemented in the context of on which future polls may be held. As part of the the Local Government Water Pollution Act and work programme, regard will continue to be had related legislation. For the purposes of this direc- to further experiences internationally in the use tive water quality standards have been estab- of electronic voting and counting solutions and lished for phosphorous and 14 other substances. their applicability or otherwise to electoral However, EPA monitoring indicates that danger- arrangements in Ireland. ous substances are generally not a problem in Details in relation to the number and location Irish waters. The directive is being further by Da´il constituency of voting machines in prep- implemented in the context of implementation of aration for the June 2004 polls are set out in the the water framework directive. reply to Questions Nos. 794, 824 and 827 of 27 The directive on the assessment of the effects April 2004. My Department is currently compil- of certain public and private projects on the ing an up to date inventory of voting machines environment, commonly known as environmental and other items of hardware, together with details impact assessment or EIA: The points at issue of related storage costs. relate to one aspect of the implementation of the directive, with specific regard to peat extraction. County Development Plans. The Commission applied to the European Court of Justice on 7 July 2003 seeking the application 54. Ms Lynch asked the Minister for the Envir- \ onment, Heritage and Local Government if his of a daily fine of 21,600 for each day of delay in attention has been drawn to the procedural diffi- implementing measures in relation to the envir- culties experienced by Wicklow County Council onment impact directive. There is ongoing com- and other councils in regard to finalisation of munication with the Commission to resolve the draft development plans; if he intends to intro- matter. duce amendments to the planning legislation to Two alleged failures to designate areas for con- address these difficulties; and if he will make a servation: The first case concerns the failure to statement on the matter. [22571/04] fulfil obligations under the birds directive and the habitats directive and relates specifically to the Minister for the Environment, Heritage and effects of sheep overgrazing in the Owenduff and Local Government (Mr. Roche): My Department Nephin Beg regions. My Department is in com- has not had correspondence from Wicklow munication with the Commission with a view to County Council referring to procedural difficult- satisfying the requirements of the court. The ies in relation to finalisation of the draft county second case relates to the designation of a suf- development plan. ficient number of special areas of conservation The provisions on the adoption of development under the habitats directive. My Department has plans, which introduced a more transparent pro- worked to meet the requirements of the directive cess to be followed within tight timeframes, were and has to all intents and purposes satisfied the endorsed by the Oireachtas when the 2000 Act requirements of the court judgement. was adopted. There is no proposal to amend this A number of waste issues: The Advocate Gen- legislation. eral delivered his opinion on this case to the European Court of Justice on 23 September 2004. EU Directives. On this matter, I refer to the reply to Question 55. Mr. Quinn asked the Minister for the Envir- No. 27 on today’s Order Paper. 769 Written 30 September 2004. Answers 770

End-of-life vehicles: It is intended to make the operation of the schemes is laid down in regulations later this year fully transposing the statutory regulations and, as far as practicable, is directive’s provisions and facilitating its full designed to give an appropriate degree of flexi- implementation in 2005. bility to local authorities with regard to their The reporting requirements under an EU regu- administration. It is a matter for the authorities lation on ozone depleting substances: A defence to decide on the level of funding to be provided has been lodged in this case. for the scheme in their areas from within the allo- On 22 July 2003, the Commission issued a press cations notified to them for this purpose by my release in which they stated their intention to Department and to manage the operation of the take legal action in relation to the decision by the schemes within these allocations. My Department Government to introduce a \20 charge on citizens recoups to local authorities two thirds of their wishing to make submissions on development expenditure on the payment of individual grants consent procedures. No official communication and it is the responsibility of the authorities to has been received from the Commission to date. fund their one third contribution from their own I have no proposal to amend the relevant regu- resources from amounts provided for that pur- lations, which reflect an approach endorsed by pose in their annual estimates of expenditure. the Oireachtas in the context of the Planning and While it is open to a local authority to seek a Development Act 2000. higher allocation in the event of increased demand, an increased capital allocation would Question No. 56 answered with Question not, of itself, allow increased expenditure by the No. 28. authority without a corresponding revision of the authority’s own provision for expenditure on the Proposed Legislation. scheme. \ 57. Ms O’Sullivan asked the Minister for the Capital allocations totalling 65 million for Environment, Heritage and Local Government if expenditure in 2004 on the disabled persons and he will report on the main provisions of the pro- essential repairs grants were notified to local posed National Infrastructure Bill; if the heads of authorities on 20 May. They were advised to the Bill have been brought before Government notify my Department if their allocation was and approved; when the Bill is likely to be pub- either inadequate or surplus to their require- lished and brought before Da´il E´ ireann; if it is ments in order to facilitate the reallocation of intended that incinerators will fall within the funds to obtain optimum effectiveness from the funding available. Kildare County Council remit of the National Infrastructure Board; and if \ he will make a statement on the matter. received a capital allocation of 934,000 in May [22578/04] 2004. They subsequently sought an increase of \116,000, which was allocated to them on 9 Sep- Minister for the Environment, Heritage and tember, to bring their total allocation for the pay- Local Government (Mr. Roche): I refer to the ment of disabled persons and essential repairs reply to Priority Question No. 4 on today’s grants in 2004 to \1,050,000. No further requests Order Paper. for increased funding have been received from the council in respect of these schemes. Grant Payments. 58. Mr. Stagg asked the Minister for the Envir- Traveller Accommodation. onment, Heritage and Local Government if his 59. Mr. Costello asked the Minister for the attention has been drawn to the fact that the dis- Environment, Heritage and Local Government if abled persons grant and the essential repairs he has received the report of the National Travel- grant schemes have ceased in County Kildare due ler Accommodation Consultative Committee on \ to a shortfall in finance of 4 million; if the pro- the review of the Housing (Traveller vision of additional finance will be arranged for Accommodation) Act 1998; if he will report on the council to allow the backlog of applications the main findings of the report; the action he to be cleared and the acceptance of new appli- intends to take arising from the report; and if he cations; and if he will make a statement on the will make a statement on the matter. [22565/04] matter. [22588/04] Minister of State at the Department of the 253. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government (Mr. N. Ahern): The National Traveller Accom- the reason adequate finances have not been pro- modation Consultative Committee submitted its vided to Kildare County Council to facilitate report on the operation of the Housing (Traveller requirements under the disabled persons grant Accommodation) Act 1998 on the 5 July 2004. scheme; and if he will make a statement on the The review examined all aspects of the oper- matter. [23086/04] ation of the Act including the preparation, review Minister of State at the Department of the and amendment of local authority traveller Environment, Heritage and Local Government accommodation programmes; planning issues (Mr. N. Ahern): I propose to take Questions Nos. relating to the provision of traveller accommo- 58 and 253 together. dation; the operation of local traveller accommo- The administration of the disabled persons and dation consultative committees and of the essential repairs grant schemes is a matter for national committee; and the use of legislation in individual local authorities. The framework for relation to unauthorised encampments and the 771 Written 30 September 2004. Answers 772

[Mr. N. Ahern.] to a mandate to deliver enhanced environmental effect of the use of public order legislation on the compliance through enforcement of EPA licences provision of accommodation for travellers. issued to waste, industrial and other activities, the I am currently studying the contents of this OEE exercises a supervisory role in respect of the comprehensive report and expect to be in a posi- environmental protection activities of local tion to respond to its recommendations in the authorities. near future. Local Authority Schemes. Question No. 60 answered with Question 63. Mr. Wall asked the Minister for the Envir- No. 28. onment, Heritage and Local Government if his attention has been drawn to the severe difficulties Question No. 61 answered with Question created for elderly persons and those with dis- No. 47. ability due to the inability of local authorities to meet demands for payments under the disabled Waste Management. person’s grant; if he will provide additional fund- 62. Mr. Quinn asked the Minister for the Envir- ing for councils in order to allow them to meet onment, Heritage and Local Government if his this urgent need; if he will consider placing the attention has been drawn to the recent report scheme on a statutory basis; and if he will make from the EU Commission that Ireland has one of a statement on the matter. [22587/04] the worst records among member states in imple- Minister of State at the Department of the menting EU directives on the environment and Environment, Heritage and Local Government the earlier statement from Commissioner (Mr. N. Ahern): The administration of the dis- Wallstrom that failure to apply EU law meant abled persons grant scheme is a matter for indi- that citizens here are not receiving the level of vidual local authorities. The framework for the environmental protection to which they are operation of the scheme is already laid down in entitled; his views on these criticisms; the steps he statutory regulations and, as far as practicable, is is taking to address them; and if he will make a designed to give an appropriate degree of flexi- statement on the matter. [22583/04] bility to local authorities in the operation of the Minister for the Environment, Heritage and scheme. My Department recoups to local auth- Local Government (Mr. Roche): The Envir- orities two thirds of their expenditure on the pay- onment Protection Agency’s, EPA, recent state ment of individual grants and it is the responsi- of the environment report, Ireland’s Envir- bility of the authorities to fund their one third onment 2004, concludes that our environment contribution from their own resources from remains of generally good quality and that, while amounts provided for that purpose in their the potential pressures on the environment are annual estimates of expenditure. growing, the means to combat them are keeping Capital allocations totalling \65 million for pace through a widening range of laws and poli- expenditure on disabled persons and essential cies. Ireland fully supports EU co-ordinated repairs grants in 2004 were notified to local auth- efforts for environmental protection and main- orities on 20 May last. Authorities were advised tains an intensive programme in relation to the to notify my Department if their allocation was transposition and implementation of EU environ- either inadequate or surplus to their require- mental legislation. Some 200 items of EU ments, in order to facilitate the reallocation of environmental legislation, including more than funds to obtain optimum effectiveness from the 140 directives, have by now been transposed. The funding available. Additional allocations totalling European Commission published its Fifth Annual some \5.9 million were made to a number of local Survey on the Implementation and Enforcement authorities on 9 September on foot of requests of Community Environmental Law, 2003 in July for increased allocations received from the auth- 2004. The report includes a “scoreboard” showing orities involved. While it is open to a local auth- the performance of member states under three ority to seek a higher allocation in the event of headings, relating to non-transposition, non-con- increased demand, an increased capital allocation formity and failure to implement derived or sec- would not, of itself, allow increased expenditure ondary obligations. Of the then 15 member states by the authority without a corresponding revision Ireland was ranked sixth best in relation to trans- of the authority’s own provision for expenditure position, eighth in relation to conformity and 15th on the scheme. in relation to the implementation of derived or The improvements which have been made in secondary obligations. A high priority is being recent years to the amount of the disabled per- given to addressing the outstanding issues in sons grant, and the level of recoupment available, relation to designations for nature conservation have resulted in a significant increase in levels of and for prevention of pollution from nitrates, in demand, with expenditure on the scheme increas- consultation with relevant stakeholders. My ing from \13 million for 2,455 grants in 1998 to Department, through the local authorities and the \50 million for 5,739 grants in 2003. In line with EPA, continues to work towards maintaining a this very significant increase in my Department’s high level of environmental protection for capital provision for the scheme, recoupment Ireland. To strengthen implementation struc- costs have also increased from \6.3 million for tures, the Office of Environmental Enforcement, 2,512 grants in 1998 to almost \37.5 million for OEE, has been recently established. In addition 6,153 grants in 2003. In that time the maximum 773 Written 30 September 2004. Answers 774 grant has doubled from \10,158 to \20,320. These Question No. 65 answered with Question very significant increases in the levels of funding No. 47. provided are clear indication of the Govern- ment’s commitment to the disabled persons Motor Registration. grant scheme. 66. Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government Environmental Policy. the position with regard to the promised regu- 64. Mr. Eamon Ryan asked the Minister for the lations concerning end of life vehicles; when the Environment, Heritage and Local Government regulations will come into operation; and if he his plans to ensure that Ireland complies with will make a statement on the matter. [22584/04] European directives to increase insulation stan- Minister for the Environment, Heritage and dards in buildings; and if his attention has been Local Government (Mr. Roche): Enabling pro- drawn to the fact that house prices are likely to visions to facilitate implementation of European be affected in the future according to their per- Parliament and Council Directive 2000/53/EC on formance in terms of energy efficiency. end-of-life vehicles were incorporated in the Pro- [22635/04] tection of the Environment Act 2003. It is Minister for the Environment, Heritage and intended to make regulations later this year fully Local Government (Mr. Roche): The Energy transposing the directive’s provisions and facilit- Performance of Buildings Directive 2002/91/EC ating its full implementation in 2005. was adopted on 16 December 2002. Member states must legally transpose the directive by 4 Strategic Policy Committees. January 2006. However, the directive provides for 67. Mr. Crowe asked the Minister for the a longer period, up to 4 January 2009, for imple- Environment, Heritage and Local Government menting provisions regarding the energy perform- when the review of local authority SPCs will be ance certification of newly constructed buildings completed; and if he will make a statement on the and existing buildings, when these are let or sold; matter. [22611/04] improvement of the energy efficiency of larger boilers; and inspection of air conditioning systems Minister for the Environment, Heritage and A working group has been established to oversee Local Government (Mr. Roche): The review of and plan the implementation of this directive in local authority strategic policy committees, SPCs, Ireland. The working group comprises senior conducted on my behalf by the Institute of Public officials from my Department, the Department of Administration, has been completed. Copies of Communications, Marine and Natural Resources the review have been circulated to local auth- and Sustainable Energy Ireland. orities for distribution among elected members, The energy performance of buildings directive council staff and sectoral representatives. requires that national energy performance stan- The review, which was carried out in consul- dards must be based on a framework method- tation with elected members, sectoral representa- ology laid down in the directive but does not tives and officials, focused on establishing mandate specific thermal performance or insu- examples of best practice in the operation of lation standards. However, it is anticipated that SPCs with a view to transferring such practice to where a building is sold or let with a certificate all city/county councils. In this regard it recom- incorporating a low energy performance rating, mended a number of practical measures aimed this may adversely affect the marketability of the at the more effective operation of SPCs in the property, depending on overall market development, implementation and review of rel- conditions. evant policies by local authorities. In particular, Part L of the national building regulations the review identified the key roles of both the deals with the conservation of fuel and energy. SPC chair in terms of leadership of the committee To assist in meeting obligation under the Kyoto and the director of services in the provision of Protocol, Part L and the related Technical Guid- appropriate administrative support. The recom- ance Document L were amended in June 2002. mendations have been endorsed by me and are The amended Part L regime sets significantly now to be implemented by local authorities, in higher insulation and thermal performance stan- accordance with amended guidelines issued to dards for new dwellings, with effect from 1 Janu- them, on the operation of the new SPCs estab- ary 2003. The regulations also apply to the lished following the recent local elections. replacement of external doors, windows and rooflights — roof windows — in existing dwell- Election Management System. ings, with effect from 1 July 2003. 68. Mr. Penrose asked the Minister for the My Department has also recently published — Environment, Heritage and Local Government 21 July 2004 — a consultation document on his view on the report of the Standards in Public further proposed amendments to Part L and Office Commission into the operation of the elec- Technical Guidance Document L for higher ther- toral Act; his views on the argument made by the mal performance and insulation standards for commission that there is no case for increasing non-residential buildings, including factories, spending limits for general elections and its warn- offices and shops, with a view to amending the ing of the dangers of increasing donation limits; regulations by the end of the year. the position with regard to his review of the Elec- 775 Written 30 September 2004. Answers 776

[Mr. Penrose .] he will make a statement on the matter. toral Act 1997; and if he will make a statement [20079/04] on the matter. [22581/04] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): Section 35 of Local Government (Mr. Roche): The report from the Control of Dogs Act 1986 contains power by the Standards in Public Office Commission regulations to extend certain provisions of that entitled Review of the Electoral Acts 1997 to Act to other species of domesticated animals, 2002, which the Commission prepared at my pre- including cats. In the absence of reliable data decessor’s request, provides a valuable input to regarding the number of feral cats, and of appro- the ongoing review in my Department of the priate solutions, it is not proposed to place an Electoral Act 1997. As indicated previously, it is additional responsibility on local authorities that not proposed to comment on individual contri- might dilute their control efforts in relation to butions to this process pending the wider dangerous and stray dogs which are generally intended consultation on the issues involved and viewed as presenting greater problems than feral the development of proposals for consideration cats. by the Oireachtas. Housing Grants. Local Authority Funding. 73. Ms Burton asked the Minister for the 69. Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government if he intends to implement the reported recom- he will elaborate on statements he made at the mendation of the NESC that the Government Association of Municipal Authorities of Ireland’s should introduce measures to assist first-time 91st annual conference in Listowel recently buyers to meet the cost of the deposit on a new regarding the reason county managers and town house; and if he will make a statement on the matter. [22561/04] clerks have yet to apply for grants of \300 million from his Department; the projects which would Minister of State at the Department of the qualify for allocation of such grants in view of the Environment, Heritage and Local Government extensive need for community facilities such as (Mr. N. Ahern): The National Economic and playgrounds; and if he will make a statement on Social Council has been carrying out a major the matter. [22624/04] study on housing and land policy and its report is expected to be finalised shortly. On receipt of this Minister for the Environment, Heritage and report my Department will examine its recom- Local Government (Mr. Roche): Capital expen- mendations including those which relate to first- diture by local authorities in respect of a range of time house purchasers. existing programmes and projects, including social housing, water and waste water services, Question No. 74 answered with Question non-national roads and other community and No. 53. local services, is monitored by my Department against a monthly profile of projected expendi- Planning Guidelines. ture for the year. Such expenditure was slower in the first half of 2004 compared to the monthly 75. Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government profile. The level of expenditure has accelerated the progress made to date in the review of the in the second half of the year and my Department retail planning guidelines relating to floor-space has been assured by local authorities that they cap on retail warehouses; when he expects that will fully utilise their allocations for the above the process will be completed, in view of the fact purposes. My predecessor availed of the oppor- that he told Da´il E´ ireann on 2 June 2004 that it tunity presented by the annual conference of the would be finished shortly; and if he will make a Association of Municipal Authorities of Ireland statement on the matter. [22579/04] to remind members of the need to ensure that capital expenditure programmes are managed Minister for the Environment, Heritage and actively to achieve spending targets. At this stage Local Government (Mr. Roche): The retail plan- I do not anticipate that any such capital funds will ning guidelines prescribe a maximum floor area be available for reallocation for other purposes. of 6,000 sq. m. gross retail floorspace for large scale single retail warehouse development. This Question No. 70 answered with Question aspect of the guidelines has been under review, No. 53. taking account of the need to ensure proper plan- ning and sustainable development, while also sup- Question No. 71 withdrawn. porting effective competition in this sector of retailing in the context of ongoing developments Legislative Programme. in retail formats. To assist in carrying out the review, interested 72. Dr. Upton asked the Minister for the parties were invited to make submissions to my Environment, Heritage and Local Government if Department. Some 71 submissions were received his attention has been drawn to the major prob- and have been assessed. The submissions lem caused by feral cats; if he has plans to intro- received raised many complex issues and these duce legislation to deal with this problem; and if will be fully taken into account in considering 777 Written 30 September 2004. Answers 778 further whether any changes are needed in the the provision of technical assistance or finance guidelines. I expect to be in a position to relating to such equipment. announce the outcome of the review in the near The European Communities (Restrictive future. Measures) (Burma/Myanmar) Regulation 2004, Statutory Instrument number 392 of 2004, pro- Waste Management. vides for the implementation of this regulation in 76. Mr. Howlin asked the Minister for the Ireland and incorporates penalties for infringe- Environment, Heritage and Local Government ments of its provisions. the estimated cost to the Exchequer of work to In addition, the sale, supply, transfer or export decontaminate a site (details supplied) in County of arms and related material to Burma-Myanmar Cork, following the recent decision of the High is prohibited under the European Council Com- Court that the liquidator was not responsible for mon Position 2004/423/CFSP of 26 April 2004. these costs; the steps being taken to ensure the Accordingly, no licences to export such materials decontamination of the site; when it is expected to Burma-Myanmar have been issued by my that this work will be completed; and if he will Department. make a statement on the matter. [22569/04] Conventional exports from Ireland to Burma- Myanmar in 2003 totalled \381,000, a decline of Minister for the Environment, Heritage and 71% on the total in 2002 of \1.295 million. Local Government (Mr. Roche): I refer to the Exports of chemical materials and chemical prod- reply to Question No. 1263 of 29 September 2004 ucts at a value of \252,000, together with medical as regards the removal of hazardous materials and pharmaceutical products valued at \129,000, from the Haulbowline site. The likely cost of rem- make up this total. Imports from Burma-Myan- edying the site cannot be quantified with any mar in 2003 totalled \1.371 million, an increase great degree of certainty until the site investi- of 21% on total exports in 2002 valued at \1.134. gation has been carried out and appropriate rem- Products imported were confined to clothing and edying strategies identified. Estimates based on a clothing accessories. For the period January-July desk-top survey are that the programme could 2004, Irish exports to Burma-Myanmar amounted \ cost in the region of 30 million, but the ultimate to \715,000. They included chemical materials cost may be more or less than that, depending on and chemical products valued at \693,000, medi- preferred development options and the level of cal and pharmaceutical products valued at remediation required. \20,000 and organic chemicals valued at \2,000. On completion of the site investigation and Imports were valued at \1.043 million in the identification and costing of the remediation same period, and were entirely made up of cloth- options, the Government will have the infor- ing and clothing accessories. mation to decide what strategy to adopt in secur- Information concerning the trading profile of ing the remediation and development of the site, individual companies is classified as commercially and how long this will take. I expect to be in a sensitive. Even in those cases where it is access- position to make recommendations in this regard ible, it is not publicised is such company specific in the latter half of next year. form. EU Common Position. Community Employment Schemes. 77. Aengus O´ Snodaigh asked the Minister for Enterprise, Trade and Employment the measures 78. Mr. Aylward asked the Minister for the Government has taken to ensure that Irish Enterprise, Trade and Employment if his atten- based companies comply with the EU Common tion has been drawn to the difficulty in securing Position on Burma in view of the restrictions on participants for community employment schemes EU member states on trade with Burma as stipu- particularly in rural communities due to the three lated in the EU Common Position on Burma year cap governing eligibility for the scheme; if renewed in April 2004; the volume of exports he will give urgent consideration to lifting this between Ireland and Burma and by category; the restriction in order that very many programmes volume of imports between Ireland and Burma throughout the country can complete their pro- and by category; the identity of the Irish based jects; and if he will make a statement on the companies which are known to export to Burma matter. [23014/04] and the categories under which they export; and Minister of State at the Department of the identity of Irish based companies which are Enterprise, Trade and Employment (Mr. known to import from Burma and the categories Killeen): As part of the Government’s decision in under which they import. [23167/04] 1999 to restructure community employment, CE, Minister of State at the Department of future participation in CE by an individual was Enterprise, Trade and Employment (Mr. M. capped at three years, effective from April 2000. Ahern): Council Regulation (EC) No. 798/2004 All time worked on CE after this date is taken provides for restrictive measures in respect of into account by FA´ S when determining an indi- Burma-Myanmar covering a ban on the provision vidual’s eligibility for the programme. This of technical assistance and on the provision of fin- change was introduced to discourage repeated ance relating to military activities; and a ban on participation in CE and to encourage unem- the sale, supply, transfer or export of equipment ployed persons to avail of training-education that might be used for internal repression and on options where possible, which are shown to have 779 Written 30 September 2004. Answers 780

[Mr. Killeen.] performance of builders and building companies more successful progression outcomes for in the area of house repairs and renovations, individuals. particularly in relation to consumer protection. The three-year cap was amended in August [23133/04] 2001 to allow a limited number of particularly dis- Minister for Enterprise, Trade and Employ- advantaged persons to remain on the programme ´ ment (Mr. Martin): My Department has no role for a further period. FAS consider participants in monitoring the quality of performance of buil- for such an extension if on reaching the end of ders and building companies in the area of house their normal entitlements on CE they are likely repairs and renovations. These matters are pri- to experience difficulty in getting employment. A marily the subject of the contractual relationship number of CE participants have difficulty in pro- between the parties to the contract. People who gressing to open labour market employment due are aggrieved by the quality of work done can to their age, literacy or numeracy problems or a obtain redress in the courts. In the case of small lack of suitable jobs available locally. claims there is the Small Claims Court which cat- The terms of participation on CE are under ers for claims up to the value of \1,270. The Sale continuing review. In this regard, senior officials of Goods and Supply of Services Act 1980 may be in my Department are currently examining sub- relevant in this situation as it provides for implied missions received from the social partners in undertakings as to the quality of a service response to a Government consultation paper on supplied. the future of active labour market programmes. The outcome of this process will be taken into Forfa´s Review. account by the Cabinet Committee on Social ´ Inclusion, which will consider the matter further. 82. Aengus O Snodaigh asked the Ta´naiste and Minister for Enterprise, Trade and Employment Unemployment Levels. the Government’s position on the recommend- ations resulting from the Forfa´s review of the 79. Ms Lynch asked the Ta´naiste and Minister export control system; and if the Government is for Enterprise, Trade and Employment the willing to schedule a parliamentary debate in number of persons made redundant at FA´ S train- Government time on the issue of Irish involve- ing centres from 2000-2004. [23015/04] ment in the arms trade. [23149/04] Minister of State at the Department of Minister of State at the Department of Enterprise, Trade and Employment (Mr. Enterprise, Trade and Employment (Mr. M. Killeen): The appointment of personnel in FA´ S Ahern): The independent review of our export and the filling of authorised posts is a day-to-day control system was published in July. The review operational matter for FA´ S. I understand, proposes a number of areas in which the Irish however, that two people who were employed on export licensing system can be modernised and a temporary contract basis were made redundant strengthened. These include the introduction of in the period 2000 to 2004. new primary legislation to govern Irish military exports, and the filling of a number of gaps in Work Permits. the Irish regime as well as enhanced co-operation between the Department of Enterprise, Trade 80. Ms O. Mitchell asked the Minister for and Employment and the other agencies with a Enterprise, Trade and Employment if nursing role in the area, including the Department of For- homes and hospitals will be facilitated by remov- eign Affairs and the Customs and Excise. Better ing barriers to the recruitment of non-EU, partic- use of new technology is proposed that would ularly Filipino, nurses’ aides; and if the onerous include the introduction of web-based export and odious requirement for rapidly expiring pass- licence applications. ports will be removed. [23057/04] Greater preventative enforcement can be Minister for Enterprise, Trade and Employ- achieved through information provision to all ment (Mr. Martin): Nurses’ aides fall into the cat- actual and potential exporters about the require- egory of carers, for which no new applications for ments of export licences, particularly in the case work permits are currently being considered. of dual-use goods where exporters might be There is now a formal qualification which can be unaware of their obligations. It is proposed that, acquired by persons taking up these positions and that relevant exporters have good in-company which can lead to a career in the health service. compliance procedures rather than detailed item There is no evidence of a shortage of such auditing by the authorities. The publication of a workers, to work in hospitals, from within Ireland annual report on export licensing activity is and the wider European economic area. recommended, including an aggregate value of The benefit to the wider health sector of admit- military exports, with this annual report laid ting unqualified third country personnel to work before the Oireachtas. in nursing homes is being examined in consul- I welcome the constructive proposals contained tation with the health authorities. in the report. Consideration and implementation of the report’s recommendations is being Quality Assurance. addressed within the framework of an inter- agency group, chaired by Forfa´s, involving the 81. Mr. Boyle asked the Minister for Departments of Enterprise Trade and Employ- Enterprise, Trade and Employment the role his ment, Foreign Affairs, Environment and Local Department plays in monitoring the quality of Government, Defence, Justice, Equality and Law 781 Written 30 September 2004. Answers 782

Reform, together with the Revenue Com- \ missioners. The scheduling of a parliamentary debate in Naval Service (mainly Security Duty the Houses of the Oireachtas is a matter for the Allowance) 7,000 Whip’s office to agree with the Government in Air Corps regard to the scheduling of Government time in General costs including Security Duty the Oireachtas, and is not a matter for the Mini- Allowance, Subsistence and Food 61,000 ster for Enterprise Trade and Employment to decide. Total \448,000

US Military Aid. 83. Aengus O´ Snodaigh asked the Minister for Grant Payments. Defence the military aid which was received by the State from the USA prior to its suspension in 85. Mr. Connaughton asked the Minister for 2003 over the issue of Irish support for the Inter- Agriculture and Food when the single payment national Criminal Court. [23172/04] will issue to a person (details supplied) in County Galway; and if she will make a statement on the Minister for Defence (Mr. O’Dea): Iam matter. [22976/04] advised that Ireland has not and does not receive such aid from the United States. Minister for Agriculture and Food (Mary Coughlan): Payment of the 2005 single payment EU Summits. will be made to the person named in December 84. Aengus O´ Snodaigh asked the Minister for 2005 provided he lodges a valid application for Defence if he will report on the full and final cost the single payment scheme in April or May 2005 to the State of the Defence Forces’ security oper- and complies with the terms and conditions gov- ations in regard to the June 2004 US Presidential erning the scheme. visit during the US-EU Summit. [23183/04] Departmental Staff. Minister for Defence (Mr. O’Dea): The Garda Sı´ocha´na has the primary responsibility for law 86. Mr. Timmins asked the Minister for Agri- and order, including the protection of the internal culture and Food the position in regard to her security of the State. Among the roles assigned to reply to Question No. 218 of 2 March 2004; and the Defence Forces is the provision of aid to the if she will make a statement on the matter. civil power — meaning in practice to assist, when [22977/04] requested, the Garda Sı´ocha´na — which duties include the protection and guarding of vital Minister for Agriculture and Food (Mary installations, the provision of certain security Coughlan): I am satisfied that the correct pro- escorts etc. cedures were followed in the filling of the posts The Garda requested the support of the in the cereals and potato groups following the set- Defence Forces for the visit last June of the US ting up of the SSAO panel in April 1996. The President during the US-EU Summit. I am officers in first and second positions on the panel advised that approximately 2,262 members of the accepted the two posts that were available to Permanent Defence Force were deployed on the panel. security duties in connection with the visit. The additional costs incurred by the Defence Farm Retirement Scheme. Forces in the provision of assistance to the Garda Sı´ocha´na on 25 and 26 June 2004 amounted to 87. Mr. Timmins asked the Minister for Agri- approximately \448,000. A breakdown of these culture and Food the position in regard to a per- costs is shown on the attached schedule. son (details supplied); the date this person retired; and if she will make a statement on the Schedule of Costs Associated with President Bush’s Visit. matter. [22978/04]

\ Minister for Agriculture and Food (Mary Coughlan): The officer retired on 7 November 1996. Army General costs including Security Duty Departmental Staff. Allowance, Subsistence, Food and Fuel 347,000 88. Mr. Timmins asked the Minister for Agri- Equipment/Materials Purchased 24,000 culture and Food the position in regard to a per- 1 This item includes fire-fighting son, namely the replacement district superintend- equipment, electrical materials and ent on seed certification duties in the south east; catering equipment the date this post was offered to the replacement; 2 This item includes ancillary support the date the replacement took up duty on the equipment, including generators, seed certification scheme; the date this person toilets and refrigeration units 9,000 was appointed a district superintendent; the nat- Equipment Hire ure of their duties prior to appointment on seed certification duties in the south east; and if she Sub-Total 380,000 will make a statement on the matter. [22979/04] 783 Written 30 September 2004. Answers 784

Minister for Agriculture and Food (Mary mium scheme for small-scale milk producers. As Coughlan): The replacement officer was a super- in previous years a group composed of the main visory agricultural officer in the beef classification farming organisations advised the Minister. The scheme in Slaney Meats, Bunclody. He was pro- decision to increase the milk quota threshold for moted to district superintendent on 15 January small-scale milk producers from 180,000 litres to 1996 and, on promotion, his headquarters was the 200,000 litres was in accordance with the recom- district livestock office in Portlaoise. However, mendation of this group. due to the volume of work and the shortage of staff in the BCC group at that time he was not 92. Mr. Crawford asked the Minister for Agri- released to take up his new post. At the officer’s culture and Food when a person (details own request he was transferred to a district super- supplied) in County Cavan can expect to receive intendent post in the BCC scheme with head- suckler cow payment for 2002 slaughter premium quarters in Kepak, Clonee on 3 September 1996 for 2002 and 2003 and extensification payment for not having taken up duty in Portlaoise. 2002 and 2003; if she has satisfied herself that He was subsequently offered the post on seed every effort is being made to issue these pay- certification in the south east in February 1997 ments to this person; and if she will make a state- but due to the pressure of work in the BCC ment on the matter. [23023/04] scheme and the requirement to replace him on BCC duties he was not released to take up the Minister for Agriculture and Food (Mary post until 15 April 1998. Coughlan): Under the 2002 slaughter premium scheme, ten animals were slaughtered under the 89. Mr. Timmins asked the Minister for Agri- herd number of the person named. A similar culture and Food the position in regard to his number of animals were slaughtered under his reply to Question No. 92 of 17 June 2004; and if herd number under the 2003 slaughter premium she will make a statement on the matter. scheme. [22980/04] The person named applied for premium on 25 animals under the 2002 suckler cow premium Minister for Agriculture and Food (Mary scheme. He submitted no applications under the Coughlan): I am satisfied that the names of the 2003 suckler cow premium scheme. union officials are correct and are as shown in the Payments under these schemes cannot be pro- record of the initial meetings of the monitoring cessed pending the completion of my Depart- group. The names of the union officials would ment’s investigations into identification and regis- have changed during the years since the first tration issues in regard to bovine animals on the meeting of the monitoring group in early 1998. holding of the person named. Payment of extens- 90. Mr. Timmins asked the Minister for Agri- ification premium for 2002 cannot be considered culture and Food the position in regard to the until these investigations are finalised. status of a person (details supplied); and if she As the person named did not apply for either will make a statement on the matter. [22981/04] suckler cow premium or special beef premium in 2003, he is not eligible for payment under the Minister for Agriculture and Food (Mary 2003 extensification premium scheme. My Coughlan): The officer in question was promoted Department will be writing to the person named to supervisory agricultural officer with effect in regard to this matter shortly. from 1 November 1996 and was assigned to the potato group with headquarters in Carlow. Under Rural Environment Protection Scheme. the 1/97 C& A agreement he was upgraded to 93. Mr. Crawford asked the Minister for Agri- district superintendent with effect from 1 Nov- culture and Food the reason she urged farmers to ember 1996. During the early part of 1997 the apply for the REP scheme and yet failed to pro- officer, with his union, agreed a change of head- vide the staff and overtime to allow the files to quarters from Carlow to Nenagh in consultation be processed; her views on whether farmers have with personnel and line management. The effec- a right to feel aggrieved that moneys due to them tive date of the change of headquarters was 22 in July 2004 have still not been paid three months September 1>97. later; and if she will make a statement on the matter. [23024/04] Grant Payments. Minister for Agriculture and Food (Mary 91. Mr. N. O’Keeffe asked the Minister for Coughlan): Farmers were encouraged to join Agriculture and Food the measures she intends REPS 3 at an early date so that they could enjoy to take to overcome the discrimination against the benefits of higher payment rates and a more farmers under EU Council Regulation EEC No farmer-friendly scheme. I fully endorse that 2066/92. [22982/04] advice. Minister for Agriculture and Food (Mary Under the terms of the protocol on direct pay- Coughlan): This is the final year of coupled pre- ments to farmers, agreed between my Depart- miums prior to the introduction of the single pay- ment and the farming organisations, targets are ment in 2005. Decisions have already been taken set for the processing of REPS applications and in respect of the allocation of the suckler cow pre- payments. These targets are being met in all but 785 Written 30 September 2004. Answers 786 a very few cases. My Department has already over \1 billion in animal product exports from made 500 payments to farmers in REPS 3, out the EU to Russia. of a total of approximately 2,500 applications for The EU Commission has stated that the possi- REPS that are currently being processed. Over bility exists to have an ongoing debate with Rus- 250 more applications are approved as of today sia regarding the certificates and it is my intention and REPS 3 payments will continue to be to continue to seek the best possible outcome for approved and issued on a continuous basis from our export trade. now on. Payments to farmers in REPS 2 have continued Rural Environment Protection Scheme. to issue throughout the summer in the normal 95. Mr. Durkan asked the Minister for Agri- way. Farmers who have indicated a wish to trans- culture and Food the position in regard to partici- form from REPS 2 to REPS 3 have had their pation in the REP scheme in the case of a person REPS 2 payments processed normally and will (details supplied) in County Kildare; and if she receive top-up payments to REPS 3 rates in the will make a statement on the matter. [23099/04] coming months. Minister for Agriculture and Food (Mary Food Industry. Coughlan): The person named began his REPS contract on 1 January 2000, and as a result he was 94. Mr. Crawford asked the Minister for Agri- subject to the arrangements governing the tran- culture and Food if she has taken steps to ensure sition between the first rural environment protec- that Irish milk products will retain access to the tion scheme and the second one. These required Russian market; if so, if she will report on the him to give a written undertaking to complete the efforts she has made to date; and if she will make measures specified in his REPS plan over a five a statement on the matter. [23025/04] year period, and to integrate and adapt that plan Minister for Agriculture and Food (Mary for the new scheme when it came into operation; Coughlan): Irish dairy products are currently or else to give back any payments he had exported to Russia on the basis of a veterinary- received. public health certificate which was agreed bilater- The new REP scheme came into operation on ally between Ireland and the Russian Federation 27 November 2000, but the person concerned in 1997. This certificate will continue to be valid never adapted and integrated his plan as he had until 1 January 2005, at which point it will be undertaken to do. Consequently, my Department replaced by a newly agreed EU certificate cover- must recoup the REPS payments that he had ing the export of dairy products from all EU received. member states to Russia. The new EU dairy certificate is one of 14 cer- Flood Relief. tificates for trade in live animals and animal prod- 96. Mr. Gregory asked the Minister for Fin- ucts which, following intensive negotiations, were ance the timescale involved and the flood allevi- agreed between the EU Commission and the ation measures to be carried out on the River Russian Federation on 2 September 2004. The Tolka between the Luke Kelly Bridge at Bal- Russian Federation initially imposed a deadline lybough and the Drumcondra Road Bridge; and of 1 June 2004 for acceptance of their proposed if he will make a statement on the matter. import veterinary certification, however, follow- [23034/04] ing negotiations, this deadline was subsequently extended to 30 September 2004. Agreement was Minister of State at the Department of Finance also reached on the acceptance of the existing bi- (Mr. Parlon): The Deputy will be aware that laterally agreed certificates until the end of this Dublin City Council exhibited a schedule of year, thus averting the cessation of trade from 1 works in February of this year, as required under October 2004. Part 8 of the Planning and Development Regu- The new certificate for milk product exports to lations 2001, which comprise phase 2 of the works Russia gives rise to certain practical difficulties to be undertaken on the River Tolka in the city for Ireland, in so far as it contains a requirement area. that milk does not come from herds in which The OPW agreed to undertake a number of there was TB and brucellosis in the previous 12 these works on behalf of the council and these months. The EU Commission was made aware of include the construction of walls and embank- the difficulties for Ireland in regard to the dairy ments on the northern bank downstream of certificate during the negotiations and sought Drumcondra Bridge, the widening of the south- unsuccessfully to have the finally agreed certifi- ern bank from Distillery Weir upstream for a dis- cate amended to alleviate our concerns. Given tance of approximately 300 m. on Clonliffe Col- the importance of overall trade between the EU lege grounds, and the lowering of Distillery Weir. and the Russian Federation across a wide range Further works, which include the replacement of of animal products, including beef, the EU Com- Distillery Road Bridge and the widening of some mission was anxious to conclude an agreement parts of the river around the bridge, are the sub- within the timeframe imposed by the Russian ject of negotiations between the council and Federation. Furthermore, it could not counten- property owners and developers as part of a pro- ance any further disruption to trade involving posed development in that area. 787 Written 30 September 2004. Answers 788

[Mr. Parlon.] To claim tax relief in respect of dental work the The OPW mobilised on site in early June and individual should submit to his or her tax office a the walls and embankments upstream of Distil- completed health expenses claim form, known as lery Weir on the northern bank have almost been Form Med 1, this is to be completed by the indi- completed. The weir itself has also been lowered, vidual making the tax claim. In addition, a com- and the walls downstream of the weir on the pleted Form Med 2 is to be completed by the den- northern bank have been started and are tist who carried out the dental work. expected to be completed in the next two months. As with all health expenses claims, tax relief The widening works on the southern bank are cannot be claimed in respect of any expenditure completed with protection works to the new bank which has been or will be reimbursed to the indi- now being constructed. The OPW will also com- vidual or where a compensation payment has mence work on raising the wall behind numbers been or will be made in respect of such 1-52 Richmond Road in the next two weeks. The expenditure. OPW and the city council are committed to com- pleting all aspects of phase 2 in the current year. Routine dental care does not qualify for tax relief, that is, tax relief is not available for the National Monuments. cost of scaling, extraction and filling of teeth and the provision and repair of artificial teeth and 97. Mr. Durkan asked the Minister for Finance dentures. the plans he has to restore or maintain Connolly’s Folly at Maynooth, County Kildare; and if he will The following specialised dental treatments make a statement on the matter. [23076/04] qualify for tax relief:

Minister of State at the Department of Finance Description (Mr. Parlon): Given the scale of demands on the heritage services of the Office of Public Works Bridgework Dental treatment consisting programme of conservation works, major works of an enamel-retained are not at present planned for the Connolly Folly. bridge or a tooth- supported bridge. Tax Code. Crowns These are restorations fabricated outside the 98. Cecilia Keaveney asked the Minister for mouth and are Finance if relief is available for a person (details permanently cemented to supplied) who has treatment carried out in North- existing tooth tissue ern Ireland; and if he will make a statement on Tip replacing This is regarded as a crown the matter. [23020/04] where a large part of the tooth needs to be Minister for Finance (Mr. Cowen): Tax relief is replaced and the available under the heading of health expenses, replacement is made on certain qualifying dental expenses as set out outside the mouth below. Qualifying expenses include those in Veneers/Rembrandt Type These are a form of crown respect of orthodontic treatment. However, the Etched Fillings relief is only available against tax which is actu- Endodontics — Root Canal This involves the filling of ally paid in the State and only to the extent that Treatment: the nerve canal and not tax has been paid. For example, if a person makes the filling of teeth a claim for relief for net health expenses of \800 Gold Inlays These are a smaller version but has only paid \400 in tax in the year to which of a gold crown. (Only allowable if fabricated the claim relates, then the extent of the tax relief outside the mouth). in respect of the claim can be no more than \400. \ Gold Posts These are inserts in the In addition, the person must bear the first 125 nerve canal of a tooth, to of expenses in any one year himself or herself or hold a crown \ the first 250 if claiming relief in respect of two Orthodontic Treatment This involves the provision or more persons. of braces and similar In accordance with the legislation — section treatments 469 of the Taxes Consolidation Act 1997 — relief Periodontal Treatment Root Planing — a treatment may be claimed in respect of treatment obtained of periodontal (gum) outside the State provided the practitioner who disease. • carried out the treatment is entitled under the Curettage and Debridement laws of the country in which the care is provided — part of root planing. to practise medicine or dentistry there. Gum flaps—agum The relief may be claimed by an individual in treatment. respect of expenditure incurred on his or her own Chrome Cobalt Splint — if behalf or on behalf of his or her dependants. The used in connection with relief is granted at the highest rate of tax at which periodontal treatment. (If it contains teeth, relief is the taxpayer is chargeable for the year of the not allowable). claim. 789 Written 30 September 2004. Answers 790

Description tax base in order to keep direct tax rates low. Reliefs and allowances made sense when CGT Dental implants following rates were 40% and above. In budget 1998, the treatment of periodontal rate was halved from 40% to 20%. Taxing capital (gum) disease, which gains when they are realised is the most logical included bone grafting and bone augmentation. time to do so, and this change brought CGT into line with other areas. Surgical Extraction of Relief is allowable when Impacted Wisdom Teeth undertaken in a hospital, In view of overall taxation policy, there are no or by a dentist in a dental plans to change the methods by which CGT is surgery. Certification calculated on land that has been compulsorily from the hospital/dentist purchased. Accordingly, there are no plans to will be required to obtain reintroduce rollover relief. tax relief. The removal of teeth in any other 101. Ms O. Mitchell asked the Minister for Fin- circumstances does not ance if he will extend capital relief’s available for qualify. nursing home construction to mental hospital construction, particularly to the provision of geri- atric and psychiatric hospitals cum nursing homes Further information regarding tax relief under in which additional capacity is urgently required the heading of health expenses is available on the and the voluntary sector is anxious to become Revenue website at www.revenue.ie. involved in meeting this obvious need. [23068/04] Freedom of Information. 99. Mr. Wall asked the Minister for Finance if Minister for Finance (Mr. Cowen): In accord- records are available to a person (details ance with precedent, it is not appropriate for me supplied) in County Kildare in regard to their file in the period leading up to the annual budget to with the Revenue Commissioners; and if he will indicate what tax changes, if any, may or may not make a statement on the matter. [23021/04] be made in this area in the forthcoming budget. Minister for Finance (Mr. Cowen): Iam Tax Code. advised by the Revenue Commissioners that the records requested by the taxpayer issued to him 102. Mr. Durkan asked the Minister for Fin- on 28 September 2004. ance the reason, in the event of a son or daughter receiving a free share in addition to their own Tax Code. share from an inheritance, the entire property, the subject of the inheritance becomes liable for 100. Mr. Crawford asked the Minister for Fin- gift tax assessment whereas only the free share ance the reason for the removal of the rollover should be so levied; and if he will make a state- tax for compulsory land purchase for such areas ment on the matter. [23101/04] as new road structures and so on, in view of the fact that his system was removed in the 2002 Minister for Finance (Mr. Cowen): The Deputy budget based on the difficult financial outlook; in this question may be referring to either of the his views on whether a person who is forced to following situations. The first situation is where give up property for the overall good under the an inheritance is given by a parent to a son or compulsory purchase structure should have the daughter with a direction in the parent’s will that right to replace that property without paying the inheritance be taken free of inheritance tax. unjustified tax; if the rollover will be reinstated in In that situation, the capital acquisitions tax legis- the 2005 budget and Finance Bill as an issue of lation provides that the amount of the tax on the fairness; and if he will make a statement on the inheritance is treated as an additional inheritance matter. [23022/04] taken by the son or daughter. This equalises the position as between beneficiaries who pay tax Minister for Finance (Mr. Cowen): Capital themselves and those for whom the estate pays gains tax, CGT, is a tax on a capital gain arising the tax. on the disposal of assets. A 20% rate of CGT The second situation is where children inherit now applies on the gains arising on the disposal property from a parent, but where some of them of assets, including land which is the subject of a gift their share to their brother or sister. The compulsory purchase order, CPO. amount that can currently be taken tax-free by It was announced in the 2003 budget that no a person from a parent is \456,438. In the case rollover relief would be allowed for any purpose outlined, the brother-sister is treated as having on gains arising from disposals on or after 4 received a gift of the property transferred to him December 2002. This relief was introduced when or her from his-her sibling and is liable to gift CGT rates were much higher than current levels. tax on that property. This is in addition to the In effect, it was a deferral of tax to be paid, where inheritance tax due in respect of that person’s the proceeds of disposal were re-invested into direct inheritance. The amount that can currently replacement assets. The taxation of these gains be taken tax-free by a person from a sibling is would take place following the eventual disposal \45,644. If the Deputy is referring to some other of the new assets without their replacement. situation, perhaps he would consider providing The abolition of this relief was in accordance more details. with the overall taxation policy of widening the 791 Written 30 September 2004. Answers 792

Disabled Drivers. ject that is expected to take a number of years to put in place. If, as we hope, the devolved insti- 103. Dr. Upton asked the Minister for Finance tutions in Northern Ireland are restored at an if a group (details supplied) can be exempt from early date, then the Secretary of State for North- VAT and VRT to assist them in the purchase of ern Ireland has stated that it would be for the transport for their day service; and if he will make administration there to decide what use it makes a statement on the matter. [23130/04] of the identity cards. Minister for Finance (Mr. Cowen): The Deputy In the period since the Deputy’s last question is probably aware that relief from VRT and VAT on this matter in May 2004, the Home Affairs is available to qualifying organisations under the Select Committee at Westminster has finalised terms of the disabled drivers’ and disabled pass- and published its report on identity cards. engers’ tax concession scheme for the transport Although the select committee welcomes the of disabled persons fulfilling one or more of the introduction of a national identity card in prin- medical criteria governing that scheme. The ciple, the report also highlights a number of con- requirements and conditions governing the cerns regarding the specifics, or lack thereof, in a scheme are set out in statutory instrument No. number of key areas that must be addressed as 353 of 1994. I understand the organisation con- the proposal moves forward. The question of cerned assists individuals with disabilities which nationality on the card, with respect to persons in would not qualify under the scheme. Northern Ireland, is one of a number of issues yet An interdepartmental review group was estab- to be finalised at this early stage. lished to review the disabled drivers’ and disabled The British Home Office, which is primarily passengers’ tax concessions scheme. The group responsible for the implementation of this plan, examined all aspects of the scheme, including the qualifying medical criteria. The report was pub- has demonstrated a willingness to undertake wide lished on my Department’s website in early July consultation and debate on the proposals. In this and copies have been placed in the Oireachtas regard, the Government will continue to consult Library. the British authorities, as appropriate, and moni- The Government has agreed that the Minister tor developments to ensure that the concerns of for Finance will consider the report on an Irish citizens are fully taken into account. ongoing basis in the overall budgetary context having regard to the existing and prospective cost Foreign Conflicts. of the scheme. 106. Aengus O´ Snodaigh asked the Minister for Foreign Affairs if he will report on the most Northern Ireland Issues. recent representations made by the Government 104. Mr. J. O’Keeffe asked the Minister for to the Israeli authorities with respect to the con- Foreign Affairs if his attention has been drawn to struction of the apartheid wall. [23168/04] the case of an Irish solicitor who has been denied the opportunity of taking up an employment Minister for Foreign Affairs (Mr. D. Ahern): opportunity in Northern Ireland on the basis that On 20 July 2004, the European Union voted in they are not a British citizen; and if he will make favour of General Assembly Resolution ES/10/15 a statement on the matter. [23039/04] which welcomed the advisory opinion on the legal consequences of the construction of a wall in the Minister for Foreign Affairs (Mr. D. Ahern): I Occupied Palestinian Territory which had been am aware of the case referred to which has been delivered by the International Court of Justice. raised with the British Government through the In supporting this resolution, Ireland, in common framework of the British-Irish Intergovernmental with its EU partners, was reiterating its consist- Conference. The issue of restrictions on employ- ently held position on the separation barrier. The ment, on the basis of nationality alone, to public appropriation of land in the West Bank or Gaza service posts in the Northern Ireland Civil Service is illegal and contrary to international law. The has long been of concern to the Government. It restrictions associated with the separation barrier was raised with the Secretary of State, Mr. Paul are having a detrimental affect on Palestinian Murphy, at the meeting of the British-Irish Intergovernmental Conference on 22 January society. Equally, we are concerned that the route last. In keeping with the spirit of the Good Friday marked out for the barrier could prejudge future Agreement, the Irish Government believes that negotiations and undermine physically the imple- such appointments should be made irrespective mentation of the two state solution. We have con- of British or Irish nationality. sistently called on Israel to stop and reverse the construction of the barrier. The Government’s 105. Mr. J. O’Keeffe asked the Minister for position on the barrier was reiterated in the UN Foreign Affairs if he will report on developments General Assembly address this day last week. on the proposal to introduce identity cards in Northern Ireland; and if he will make a statement Human Rights Issues. on the matter. [23040/04] 107. Aengus O´ Snodaigh asked the Minister Minister for Foreign Affairs (Mr. D. Ahern): for Foreign Affairs if the Government makes rep- The plan to introduce an identity card in Great resentations to the Chinese authorities with Britain and Northern Ireland is a long-term pro- respect to the ongoing persecution of activists and 793 Written 30 September 2004. Answers 794 dissidents during the fifteenth anniversary of the we will continue to raise the matter in our con- Tiananmen Square massacre. [23169/04] tacts with China. 112. Aengus O´ Snodaigh asked the Minister for 108. Aengus O´ Snodaigh asked the Minister Foreign Affairs if the Government made rep- for Foreign Affairs the Government’s position on resentations to the Chinese authorities with the need for a review of the UN’s conduct in respect to the disappearance of a person (details relation to the Act of Free Choice 1968-69 in supplied). [23175/04] West Papua. [23170/04]

Minister for Foreign Affairs (Mr. D. Ahern): I Minister for Foreign Affairs (Mr. D. Ahern): propose to take Questions Nos. 107 and 112 As my predecessor has stated on many occasions, together. the question of a review of the Act of Free I am aware of reports that Dr. Jiang Yanyong Choice in Papua would require the support of UN disappeared on 1 June 2004, just before the member states. Inquiries made by our permanent fifteenth anniversary of the Tiananmen Square representative to the UN confirm that, at present, massacre on 4 June. Dr. Jiang had, in March 2003, there is no significant support for such an initiat- revealed the real extent of the SARS epidemic ive. The most productive approach to dealing crisis in China. It is reported that prior to his dis- with the situation of the people of Papua is there- appearance this year, Dr. Jiang had written a let- fore through contact with the Government of ter to the Chinese leadership denouncing the Indonesia. There is, moreover, a possibility that Tiananmen Square massacres and calling for the pursuing the issue of the Act of Free Choice rehabilitation of the 1989 pro-democracy move- would prejudice ongoing efforts to develop a ment. I understand from subsequent reports that meaningful dialogue with the Government in Jak- Dr. Jiang was released after seven weeks deten- arta, and would not contribute to the amelior- tion on 20 July last, and is reported to be in ation of the current situation of the Papuan good health. people. The Government takes the issue of respect for While acknowledging Indonesia’s legitimate human rights very seriously, and regularly, and concern to preserve its territorial integrity, we on an ongoing basis, raises human rights with the continue to encourage the Government of Chinese Government. The Taoiseach raised the Indonesia to strengthen its efforts to address the issue of human rights with the Chinese Premier, legitimate aspirations of the people of Papua. In Wen Jiabao, during his visit to Ireland in May this regard, I welcome the commitment expressed 2004. During his discussions, he outlined Ireland’s by President elect Yudhoyono of Indonesia to strong commitment to the protection of human implement the special autonomy law for Papua. rights and fundamental freedoms. Both sides This law dates from November 2001 but has not agreed on the importance of co-operation and yet been implemented. It provides for a greater dialogue in working together to bring about degree of autonomy for Papua than for Indones- respect for international obligations. In his capa- ia’s other provinces. city as President of the EU Council, my prede- At my predecessor’s request, he met my cessor also raised human rights concerns during Indonesian counterpart, Mr. Noor Hassan Wira- the EU Foreign Ministers troika meeting with juda, in the margins of the UN General Assembly China in Kildare on 19 April 2004. on 23 September 2004. My predecessor used the The EU also discusses key human rights con- occasion to express Ireland’s continuing concerns cerns with China within the framework of the about the situation in Papua. These concerns had EU-China human rights dialogue, which is held previously been raised Minister Wirajuda when twice a year. During these meetings, individual my predecessor met him in April 2004, during an and specific cases of concern are raised with the EU troika meeting, and again in January 2003, in Chinese authorities. The most recent round of the the margins of the EU-ASEAN Foreign Mini- EU-China human rights dialogue took place on sters’ meeting. Minister Wirajuda took note of 24 September 2004. On that occasion, the EU our concerns and expressed his belief that the raised concerns over a number of persons who special autonomy law will satisfy the aspirations were arrested both on the anniversary of the of the overwhelming majority of the people in Tiananmen Square massacre, and during the Papua. He said autonomy remains the settled massacre in 1989. During the Irish Presidency and policy of the Government of Indonesia and that in conjunction with our EU partners, we organ- the strengthened democracy in Indonesia, follow- ised the first EU-China seminar on the ratifica- ing successful presidential and legislative elec- tion of the International Covenant on Civil and tions, would increase autonomy. My predecessor Political Rights which took place in Beijing on 30 made it clear that we would be carefully monitor- June and 1 July last. The purpose of the seminar ing the situation in this regard. was to provide technical assistance to China in Inquiries were also made at that meeting as to preparation for their ratification of the Inter- the status of the proposal to divide Papua into national Convention on Civil and Political Rights. three provinces. A discussion of Indonesia is Officials in my Department, both in Dublin and planned for the October meeting of the EU Beijing, will continue to monitor the human External Relations Council. Officials of my rights situation in China on an ongoing basis, and Department regularly discuss the situation in 795 Written 30 September 2004. Answers 796

[Mr. D. Ahern.] continue to apply such laws and measures to take Papua with their counterparts from Indonesia, the necessary steps to repeal or invalidate them representatives of various Papuan NGOs, as well as soon as possible. as from third countries, such as Australia and the Each year, in accordance with the terms of the United States. resolution, it is customary for the UN Secretary Ireland, together with its EU partners, will con- General to prepare a report on the implemen- tinue to support the development of a strength- tation of the resolution. In line with this, on 19 ened partnership and effective dialogue between April 2004, the UN Secretary General, Mr. the EU and Indonesia. As I have said, the Annan, invited all UN member states to “provide Government sees this as the most effective frame- any relevant information” by 16 June 2004. work at this time for addressing our concerns Since the Government has never promulgated about the situation in Papua. or applied laws or measures such as the Helms- Burton Act, it has not been customary to make a Foreign Conflicts. submission to the UN Secretary General on this matter. During Ireland’s recent EU Presidency, 109. Aengus O´ Snodaigh asked the Minister however, we conveyed an EU submission in reply for Foreign Affairs if he will report on the rep- to the UN Secretary General’s request, which resentations made by the Government to the included the following: Israeli authorities with respect to the hunger The European Union believes that United strike of the Palestinian political prisoners. States trade policy towards Cuba is fundamen- [23171/04] tally a bilateral issue. Nevertheless, the European Minister for Foreign Affairs (Mr. D. Ahern): Union and its member states have clearly The hunger strike to which the Deputy refers expressed their opposition to the extraterritorial began on 10 August and came to an end on 2 extension of the United States embargo, such as September. No representations were made by the that contained in the Cuban Democracy Act of Government to the Israeli authorities during the 1992 and the Helms-Burton Act of 1996. course of the hunger strike. The Israeli auth- orities took a very public stance that they would Human Rights Issues. not make concessions to the hunger strikers in 111. Aengus O´ Snodaigh asked the Minister for any circumstances. The hunger strike ended Foreign Affairs if he will report on Government before there was any loss of life or serious health representations made to the military regime in risk to the hunger strikers. My understanding is Burma since the establishment of diplomatic that, despite the Israeli Government’s statement relations on 13 February 2004. [23174/04] that it would not make concessions, it will none- theless be reviewing the conditions of detention Minister for Foreign Affairs (Mr. D. Ahern): in its prisons with a view to determining whether The Government has pursued a strong and con- all existing practices are necessary for security. sistent line in support of democracy in Burma. Both Ireland, and its EU partners, remain UN Resolutions. strongly critical of the continued detention under house arrest of Daw Aung San Suu Kyi, the 110. Aengus O´ Snodaigh asked the Minister for absence of political progress, serious and persist- Foreign Affairs if the Government complies with ent human rights abuses and the lack of funda- the UN Secretary General’s most recent request mental freedoms in Burma. to provide information necessary for a report on The issue of Burma is raised in all our bilateral the implementation of Resolution 58/7 on the political contacts at all levels with relevant third necessity of ending the economic, commercial countries. As recently as last week, my prede- and financial embargo imposed by the United cessor took the opportunity of meetings with the States against Cuba; and if he will make a state- Foreign Ministers of Singapore and Indonesia to ment on the matter. [23173/04] encourage them to continue to press the Burmese Minister for Foreign Affairs (Mr. D. Ahern): authorities to move towards greater democracy The Government’s position on the US embargo and to release Aung San Suu Kyi. has been made clear over the years including in During our EU Presidency, the Government answers to parliamentary questions. This position ensured that the issue of Burma was regularly dis- has been reflected in our voting pattern, and that cussed in consultations with third countries. of our EU partners, in the UN General Assembly Burma was included in the agenda for the EU most recently on 4 November 2003. On that date, Ministerial Troika to India on 16 February, and the General Assembly approved Resolution 58/7 was discussed during the troikas at political direc- on the “necessity of ending the economic, com- tor level with China on 26 February and Japan on mercial and financial embargo imposed by the 27 February. United States of America against Cuba”. The EU’s concerns about Burma also featured The main effect of Resolution 58/7 is to reiter- throughout discussions at the ASEM Foreign ate the General Assembly’s call upon all states to Ministers’ meeting — ASEM FMM — which my refrain from promulgating and applying laws and predecessor hosted in Kildare in April 2004 as measures such as the Helms-Burton Act of 1996. well as at the preceding informal meeting of EU The resolution further urges states that have and Foreign Ministers held at Tullamore, and at meet- 797 Written 30 September 2004. Answers 798 ings of the External Relations Council in April, Minister for Foreign Affairs (Mr. D. Ahern): May and June. It was also discussed with Premier Permission for foreign military aircraft to overfly, Wen of China, when he visited Ireland in May. or land in, the State is granted by the Minister for Following the ASEM Foreign Ministers’ meet- Foreign Affairs, under the Air Navigation ing, we continued to work with Burma’s Asian (Foreign Military Aircraft) Order 1952. Per- neighbours to encourage them to bring their mission is normally granted on condition that the influence to bear on Rangoon. A former senior foreign military aircraft is unarmed, and not ambassador, Mr. John Campbell, was appointed carrying arms, ammunition or explosives. It is not as special envoy to the region. He travelled to the the practice of the Government to release details region in May 2004, and conveyed the EU’s of an individual country’s landings and over- serious concerns about the situation in Burma to flights. Queries concerning civilian aircraft, our Asian partners. including those in the employ of foreign govern- It is very much to be regretted that the release ments, are a matter for the Minister of Transport. of Aung San Suu Kyi and other positive devel- opments which were widely expected to take Human Rights Issues. place in Burma earlier this year were not forth- 115. Aengus O´ Snodaigh asked the Minister for coming. The decision to establish diplomatic Foreign Affairs if his attention has been drawn to relations was taken in the context of increased the report of the Palestinian centre for human engagement leading to anticipated progress. rights for the week 24 to 30 June 2004 which indi- Given the lack of such progress, the exchange of cates that during that period 17 Palestinians, ambassadors between Ireland and Burma has including two children and a mentally disabled been put on hold. person, were killed by Israeli occupying forces (details supplied); if his attention has further Question No. 112 answered with Question been drawn to the fact that the IOF also con- No. 107. tinued to impose closures and curfews on the Occupied Palestinian Territories, dividing the Foreign Conflicts. Gaza Strip into three parts and preventing travel from one part to another; if he has raised these 113. Aengus O´ Snodaigh asked the Minister for matters with the Israeli authorities; and his views Foreign Affairs if the Government can verify that on whether these actions are consistent with the no US civilian or military aircraft permitted to obligations of the Israeli Government in relation overfly Irish airspace or land in Irish airports has to human rights under Article 2 of the Associ- transported prisoners captured in Afghanistan or ation Agreement between Israel and the EU; and Iraq en route to non-US jurisdictions or to Guan- if he will make a statement on the matter. tanamo Bay; and if not, the steps the Government [23178/04] has taken to prevent this from occurring. [23176/04] Minister for Foreign Affairs (Mr. D. Ahern): I am aware of the reports to which the Deputy Minister for Foreign Affairs (Mr. D. Ahern): refers. The Government has, on many occasions, On the basis of its ongoing contacts with the US expressed its grave disquiet at the impact of authorities, the Government has no information actions taken by the Israeli Government on the to suggest that there are any cases of prisoners human rights of Palestinians. The European being transported through Irish airports in the Union has also regularly conveyed its concerns to circumstances referred to in the Deputy’s the Israeli authorities at the human rights impli- question. cations of its security policies. Together with our 114. Aengus O´ Snodaigh asked the Minister for partners in the Union, we will continue to press Foreign Affairs the number of US civilian aircraft the Israeli Government to respect fully its obli- carrying arms en route to the Middle East which gations under international humanitarian law, in have been granted permission to land in airports particular the fourth Geneva Convention, and here since September 2002; the number that have under Article 2 of the EU-Israel Association been denied permission; the number of US Agreement. Most recently, on 22 September, the military aircraft en route to the Middle East that Quartet called upon the Government of Israel to have been granted permission to land in airports take all possible steps now, consistent with Isra- here since September 2002; the number that have el’s legitimate security needs, to ease the humani- been denied permission; the number of US civ- tarian and economic plight of the Palestinian ilian aircraft carrying arms and en route to the people. Middle East which have been permitted to overfly Irish airspace since September 2002; the Arms Trade. number that have been denied permission; the 116. Aengus O´ Snodaigh asked the Minister number of US military aircraft en route to the for Foreign Affairs the status of the COARM Middle East that have been permitted to overfly committee’s review of the EU code of conduct of Irish airspace since September 2002; and the arms transfers, chaired by an official in his number that have been denied permission. Department; the Government’s position on [23177/04] same;. [23179/04] 799 Written 30 September 2004. Answers 800

Minister for Foreign Affairs (Mr. D. Ahern): vote against the extension of loans to Burma by The review of the code of conduct on arms international financial institutions. The Com- exports, which was initiated during Ireland’s mission is to put forward means of addressing the Presidency of the EU, is taking account of devel- issue of illegal logging. At the same time, we have opments since the code entered into force in agreed that the Union will increase its assistance 1998. In this respect, a number of proposals to to the Burmese people in the areas of health and strengthen and update it are being considered, education as defined in consultation with demo- including a proposal to reinforce the status of the cratic groups, including the NLD, and managed code by transforming it into an EU common posi- through the UN system or NGOs. It is hoped that tion, which would be legally binding. Ireland is this revised common position will be ready for supportive of such a reinforcement of the code. adoption at the October meeting of the External We believe that this, the first review of the code Relations Council. of conduct, is a very necessary and important Our continuing goals remain the release and undertaking for the EU. restoration of liberty to Daw Aung San Suu Kyi, Representatives from several EU member the return of democracy to Burma, an end to states, including Ireland, met with a number of human rights violations, and the realisation of non-governmental organisations, NGOs, last May peace and prosperity for the long suffering people to discuss and to exchange views on the ongoing of Burma. review of the code. Ireland also circulated to our EU partners for consideration suggestions made Arms Trade. by NGOs for possible improvements to the code. 118. Aengus O´ Snodaigh asked the Minister for The Netherlands has made the review of the Foreign Affairs the Government’s position on the code of conduct one of its priorities for its Presi- need for provisions to control the legal transfer dency of the EU and in that context discussion of small arms in the context of an international continues in the forum of COARM, under Dutch arms trade treaty. [23181/04] chairmanship. The Netherlands, in association with NGO representatives, will be hosting an Minister for Foreign Affairs (Mr. D. Ahern): international conference in The Hague later this I support the principle of having legally binding month to further consider the ongoing review of international agreements on the control of arms the code. Ireland will continue to participate exports, with as wide a participation as possible. actively in discussions on this matter at working This is particularly important with respect to group level within the EU. small arms and light weapons. The export of arms from EU countries must Human Rights Issues. conform to the EU code of conduct on arms exports, which establishes criteria to control such 117. Aengus O´ Snodaigh asked the Minister for exports. Ireland was actively involved in the Foreign Affairs the Government’s position on establishment of this code which lists the factors each of the European Burma Network’s six to be taken into account when deciding whether Dublin recommendations to the EU with regard to allow an export of military goods, including to the EU Common Position on Burma. small arms. These include respect for human [23180/04] rights, the internal situation in the country of final Minister for Foreign Affairs (Mr. D. Ahern): I destination and the preservation of regional am informed that at a meeting held in Dublin on peace, security and stability. A review of the code 6 March 2004, the European Burma Network of conduct was initiated during Ireland’s Presi- adopted six objectives with regard to the EU’s dency of the EU to take account of developments common position, which was due for renewal in since the code entered into force in 1998 and in April 2004. this respect a number of proposals to strengthen Ireland and its EU partners are broadly sup- and update it are being considered. portive of the six objectives. The Deputy will be A welcome aspect of the proposed inter- aware of the three conditions adopted at the national arms trade treaty, which has been put informal meeting of EU Foreign Ministers in Tul- forward by a number of non-governmental organ- lamore: the release and continued liberty of Daw isations, NGOs, including Amnesty International Aung San Suu Kyi; the participation of the and Oxfam, is that the treaty has the objective National League for Democracy and other oppo- of setting out states’ existing international legal sition groups in the National Convention; and the obligations in the area of international transfers operation of the National Convention free from of arms. In addition, once ratified, the proposed interference. treaty would enable the international community The Deputy will be further aware that the EU to move forward incrementally, by means of sub- is presently considering the strengthening of its sequent more specific instruments, to strengthen common position on Burma, given the lack of international controls on arms transfers. progress there. Among the measures being con- While work on the drafting of the text of the sidered is the expansion of the visa ban list and proposed treaty is still ongoing, it is a promising a prohibition on EU registered companies from initiative and I commend the NGOs concerned financing loans to named Burmese state-owned for their efforts. An official of my Department enterprises. It is also intended that the EU will participated in a conference held last November 801 Written 30 September 2004. Answers 802 at Cambridge University in England, the purpose Schools Building Projects. of which was to examine the text of the proposed 121. Mr. Wall asked the Minister for Edu- treaty. I understand that the text is currently cation and Science the position regarding the being re-examined from a legal perspective by application for a new school for Castledermot, those NGOs involved in the Arms Control Cam- County Kildare; and if she will make a statement paign which met last February in Costa Rica and on the matter. [22997/04] that as a consequence of those discussions revisions to the text may be made. Minister for Education and Science (Ms An official from my Department also attended Hanafin): The property management section of an international workshop on Enhancing the the OPW is acting on behalf of my Department International Export Control of Small Arms and in relation to site acquisitions generally. It is cur- Light Weapons — the Case for an International rently exploring the possibility of acquiring a site Arms Trade Treaty, which took place in Helsinki for the school in question. However, due to the last June. There was broad representation at the commercial sensitivities of site acquisitions, it workshop, both from governments and from would be inappropriate for me to make any com- NGOs. Ireland will continue to be associated with ment in relation to a specific site. The relevant the process and will closely monitor information will be placed on my Department’s developments. website when acquisitions have been completed.

US-EU Summit. Special Educational Needs. 119. Aengus O´ Snodaigh asked the Minister 122. Cecilia Keaveney asked the Minister for for Foreign Affairs if he will report on the full Education and Science if any of the 70 special and final cost to the State in relation to the June educational needs organisers have been 2004 US-EU Summit; and if he will itemise these appointed in an area (details supplied) in County costs. [23182/04] Donegal by the National Council; and if she will make a statement on the matter. [22998/04] Minister for Foreign Affairs (Mr. D. Ahern): According to our records, the following costs Minister for Education and Science (Ms were incurred by the Department of Foreign Hanafin): I am advised by the chief executive Affairs in relation to the EU-US summit: officer of the National Council for Special Edu- cation that a special educational needs organiser Cost Centre Amount has been appointed for the area of County Done- gal referred to by the Deputy. \ Teaching Qualifications. Staff Travel and Subsistence 11,592.39 Accommodation 144,011.02 123. Mr. Gregory asked the Minister for Edu- cation and Science her plans regarding the higher Transport 77,965.96 diploma in education. [22999/04] Hospitality 54,437.56 Minister for Education and Science (Ms Incidental Expenses* 182,420.26 Hanafin): As the Deputy is aware, the higher dip- Total 470,427.19 loma in education is a compulsory requirement for the registration of teachers in secondary *Incidental expenses includes expenditure in particular for schools. Since its establishment, the diploma has media and communications. been provided by the four constituent colleges of Other Departments and offices will have also the National University of Ireland and Trinity incurred expenditure for this event and I under- College Dublin. The diploma is a postgraduate stand that the Deputy has addressed his question qualification taken by students who hold a pri- to a number of other Ministers. mary degree in a subject which is taught at post- primary level. It is provided by the education department of the universities. School Transport. A major change occurred in 1998, which impac- 120. Mr. Wall asked the Minister for Education ted upon the higher diploma in education, when and Science if her Department will investigate an the Higher Diploma in Education, National Uni- application for school transport for a person versity of Ireland, Applications Centre, known as (details supplied) in County Kildare; the grants the HDEAC, was established. The HDEAC cen- which are available to children in regard to such trally accepts and processes applications to the transport; and if she will make a statement on the four constituent colleges of the National Univer- matter. [22996/04] sity of Ireland for the higher diploma in edu- cation, namely, National University of Ireland, Minister for Education and Science (Ms Cork; National University of Ireland, Dublin; Hanafin): My Department has requested a report National University of Ireland, Galway; and from Bus E´ ireann in respect of transport for the National University of Ireland, Maynooth. Pre- pupil referred to in the details supplied. The viously, graduates interested in studying for the matter will be considered on receipt of the report. 803 Written 30 September 2004. Answers 804

[Ms Hanafin.] Minister for Education and Science (Ms higher diploma in education applied directly to Hanafin): On foot of a Government decision, I the university of their choice. formally established the State Examinations The HDEAC is agent for, and acts on behalf Commission on 6 March 2003. The commission of, the universities participating in the application now has statutory responsibility for operational system and the application regulations, pro- matters relating to the certificate examinations. cedures and timetable are agreed annually by Accordingly I have passed the Deputy’s query to these universities. Applicants are awarded points the chief executive officer of the commission for on the basis on performance in their primary direct reply. degree, any additional relevant academic qualifi- cations and teaching experience. Applications are Special Educational Needs. made to the HDEAC through one common application form. In the case of Trinity College 126. Mr. P. Breen asked the Minister for Edu- applicants continue to apply directly to the uni- cation and Science the reason the hours for a versity and I understand that places on the higher special needs assistant for a person (details diploma in education course are awarded on the supplied) in County Clare has been reduced from basis of academic qualifications and the results of 10 to five hours; and if she will make a statement a competitive interview process. on the matter. [23008/04] I am satisfied that the HDEAC and the Trinity Minister for Education and Science (Ms College procedures are working satisfactorily and Hanafin): I understand from my officials that the I have no plans to change them at this stage. pupil in question is enrolled in a special class for The content, coverage and methods of delivery autism. This class already has special needs assist- of the diploma vary across the four NUI Colleges ant support. I further understand that no appli- and Trinity College. I am aware that the edu- cation for special needs support has been cation departments of the four NUI colleges and received for the pupil in question. Trinity College review their diplomas on an ongoing basis to ensure that they continue to 127. Mr. P. Breen asked the Minister for Edu- meet the needs of students and the education sec- cation and Science the reason the hours for a tor. Officials from my Department maintain con- special needs assistant for a person (details tact with the various education departments in supplied) in County Clare has been reduced; and relation to the diploma and other post-graduate if she will make a statement on the matter. qualifications for teachers at primary and second [23009/04] levels and I will ensure that this process continues. Minister for Education and Science (Ms I am, however, satisfied that the higher dip- Hanafin): I can confirm that an application for loma in education in the four NUI colleges and special educational resources for the pupil Trinity College are currently meeting the needs referred to by the Deputy was received by my of students and the education sector. Therefore, Department. More recently, additional infor- I do not have any plans at this stage in regard to mation in relation to the pupil’s needs was sub- the diploma. mitted and this is currently being considered. The school authorities will be advised of the outcome School Services Staff. of the application in the near future. 124. Mr. Crawford asked the Minister for Edu- 128. Mr. P. Breen asked the Minister for Edu- cation and Science if a full time classroom assist- cation and Science the reason the hours for a ant will be provided for a person (details special needs assistant for a person (details supplied) in County Monaghan; and if she will supplied) in County Clare has been reduced; and make a statement on the matter. [23006/04] if she will make a statement on the matter. Minister for Education and Science (Ms [23010/04] Hanafin): I am aware of an application for special needs assistant, SNA, support of the pupil in Minister for Education and Science (Ms question. My officials are examining the appli- Hanafin): I wish to advise the Deputy that, fol- cation as a matter of urgency and a response will lowing a review based on additional information issue to the school authority shortly. I am also submitted, my Department approved a special aware that there is an SNA already in the class- needs assistant for 23.3 hours per week to support room where the pupil is being taught and who the pupil in question. This level of SNA support can supervise the pupil at playtimes until the will facilitate the pupil’s full-time attendance in application is fully processed. school. The school has recently been notified of this decision. State Examinations. 129. Mr. P. Breen asked the Minister for Edu- 125. Mr. Aylward asked the Minister for Edu- cation and Science the reason the hours for a per- cation and Science if payment of travelling son needs assistant for a person (details supplied) expenses due to a person (details supplied) in in County Clare has been reduced; and if she will County Kilkenny will issue. [23007/04] make a statement on the matter. [23011/04] 805 Written 30 September 2004. Answers 806

Minister for Education and Science (Ms unenviable position; and if she will make a state- Hanafin): I wish to advise the Deputy that my ment on the matter. [23047/04] Department has approved a full-time special needs assistant, that is, for 23.3 hours per week, Minister for Education and Science (Ms to support the pupil in question. The school has Hanafin): On foot of a Government decision, I recently been notified of this decision. formally established the State Examinations Commission on 6 March 2003. The commission 130. Mr. P. Breen asked the Minister for Edu- now has statutory responsibility for operational cation and Science if the application by a person matters relating to the certificate examinations. (details supplied) in County Clare for a special Accordingly, I have passed your query to the needs assistant will be urgently reviewed; and if chief executive officer of the commission for she will make a statement on the matter. direct reply. [23012/04] Schools Building Projects. Minister for Education and Science (Ms Hanafin): I wish to advise the Deputy that, fol- 134. Ms O. Mitchell asked the Minister for lowing a review based on additional information Education and Science if she will intervene per- submitted, my Department approved 23.3 hours sonally to expedite the signing of the lease per week special needs assistant support for the between her Department and Dundrum Athletics pupil in question. The school has recently been Club for land at a school (details supplied). notified of this decision. [23066/04] 131. Mr. Ring asked the Minister for Education Minister for Education and Science (Ms and Science the reason a person (details supplied) Hanafin): I have requested officials in the prop- in County Mayo was not provided with a full-time erty management section of my Department to special needs assistant; and when this person can investigate the matter of a lease agreement expect to receive this help. [23013/04] between my Department and Dundrum Athletics Club as a matter of urgency. The school authority Minister for Education and Science (Ms will be kept informed of developments. Hanafin): I can confirm that an application for 135. Ms O. Mitchell asked the Minister for special needs assistant support amounting to 23.3 Education and Science when the long promised hours per week for the pupil referred to by the and urgently required sports hall for a school Deputy was received by my Department. (details supplied) in Dundrum will be pro- Following verification of the application, 12.5 vided. [23067/04] hours per week was sanctioned for this pupil and the school was informed of this decision. The Minister for Education and Science (Ms application will be reconsidered if additional Hanafin): I have previously announced my inten- information in relation to the pupil’s care needs tion to publish, for the first time ever, a multi- is submitted to my Department. annual school building programme. My officials are nearing completion of a review of all projects Schools Building Projects. in line with the revised prioritisation criteria that 132. Mr. Stagg asked the Minister for Edu- resulted from consultation with the partners. The cation and Science if funding has been sanctioned purpose of the review is to enable and inform a for replacement of the roof at a school (details multi-annual approach to the school building pro- supplied) in County Kildare; and if she will make gramme. I expect to be providing details of this a statement on the matter. [23036/04] multi-annual programme before the end of the current year. Minister for Education and Science (Ms Hanafin): In view of the possibility of asbestos Education Schemes. being present in the roof of the school referred to by the Deputy, the matter has been referred to 136. Mr. O’Dowd asked the Minister for Edu- the health and safety unit of the Office of Public cation and Science if she will make a statement Works, OPW, which is managing the asbestos on the refusal of her Department to grant an remediation programme on behalf of my Depart- application for 13 extra co-operation hours to a ment. On receipt of a full report from the OPW, school (details supplied) in County Louth. the matter will be considered further. [23111/04] Minister for Education and Science (Ms State Examinations. Hanafin): My Department allocates additional 133. Mr. Aylward asked the Minister for Edu- teaching hours to VECs to support the delivery cation and Science the arrangements her Depart- of education programmes in a range of facilities, ment has in place for students who are suddenly including special schools. Such allocations are bereaved during the course of their examinations made under the heading of co-operation hours to allow them complete their examinations at a with other institutions. These allocations are later and more appropriate date; if she will con- made in response to specific applications which sider the plight of such students placed in this are submitted by the VECs in advance of the 807 Written 30 September 2004. Answers 808

[Ms Hanafin.] Fisheries Amendment Act 2003 requires that a commencement of the school year to which they fishing vessel must be in a safe and seaworthy relate. condition before a fishing licence can be issued. An application for increased hours in respect To facilitate the implementation of this Act my of the school referred to by the Deputy was Department published a new code of practice for received in my Department from County Louth fishing vessels of less than 15 metres in overall VEC. Following consideration of this application length earlier this year. This code set minimum it was considered that the existing allocation was standards of safety for the vessel to protect all adequate to cater for the needs of the school. persons on board. It covers vessel design, con- If the VEC is of the view that the level of needs struction, machinery, safety equipment and stab- within the school is such as to be incapable of ility issues. being addressed from within its current allo- A panel of surveyors has also been established cation, my Department will be prepared to con- by the Department to ensure that fishing vessels sider these concerns. Such consideration will comply with the requirements of the code. To require a clear demonstration of the inadequacy obtain a fishing vessel licence a declaration must of the allocation by reference to the current utilis- be signed by one of the surveyors on the panel ation of the school’s available resources. signifying that the vessel is compliant with the code. This declaration remains valid for four State Examination Board. years subject to the owner’s bi-annual dec- 137. Mr. Boyle asked the Minister for Edu- laration. cation and Science if her attention has been Prior to the introduction of the code the drawn to the practice by the State Examination Department undertook an extensive consultation Board of new graduates, without teaching experi- process with fishing industry representatives and ence, correcting junior certificate papers; if this BIM. The draft code was also placed on my practice is sanctioned by her Department; and her Department’s website for comment by other views on whether such a practice may lead to a bodies and individuals and, since its introduction, wide variation in marking standards. [23136/04] officials of my Department have continued to meet with industry representatives and BIM to Minister for Education and Science (Ms address their particular concerns. Hanafin): On foot of a Government decision, I The cost of vessel surveys are not laid down by formally established the State Examinations my Department. These costs are subject to mar- Commission on 6 March 2003. The commission ket forces and competition. However, grant aid is now has statutory responsibility for operational available towards the costs of safety equipment matters relating to the certificate examinations. required under the code as part of a scheme Accordingly, I have passed your query to the administered by BIM under the national develop- chief executive officer of the commission for ment plan. direct reply. In promoting the application of the new code Schools Building Projects. of practice my overall concern is to enhance safety at sea and on inland waters. Compliance 138. Ms Shortall asked the Minister for Edu- with this new safety regime is the best way to cation and Science if she will report on the pro- ensure the safety of fishing vessels and their crew. gress of an application from a school (details supplied) in Dublin 9 for the major refurbishment National Stadium. of their assembly hall which is unusable; and when work to this much needed facility will be 140. Mr. Wall asked the Minister for Arts, carried out. [23137/04] Sport and Tourism the position regarding the further development of Abbotstown as a centre Minister for Education and Science (Ms of sporting excellence; and if he will make a state- Hanafin): My Department is currently exploring ment on the matter. [23000/04] the possibility of rationalising primary provision in the area that serves the school to which the Minister for Arts, Sport and Tourism (Mr. Deputy refers serves. No decisions will be taken O’Donoghue): Following the Government regarding capital investment in the school in decision in January 2004 to endorse the provision question pending the conclusion of this explor- of a sports campus at Abbotstown over a period ation process. of years, I requested the board of Campus and Stadium Ireland Development Ltd. (CSID) to Inshore Fisheries. identify what might be developed within the cam- pus. Together with my Department, CSID has 139. Mr. O’Shea asked the Minister for been working with the various sporting bodies in Communications, Marine and Natural Resources preparing a development control plan for sports his proposals to address the concerns of inshore facilities at Abbotstown. I expect to receive the fishermen (details supplied); and if he will make proposals shortly for phase one of the project. a statement on the matter. [23071/04] These proposals will be the basis for a Govern- Minister for Communications, Marine and ment decision on the direction of further develop- Natural Resources (Mr. N. Dempsey): The Sea ment on the sports campus. 809 Written 30 September 2004. Answers 810

Athens Olympic Games. Sport and Tourism the number of applications received for capital lottery funding in 2004; the 141. Mr. Wall asked the Minister for Arts, number of applications received in 2003; the Sport and Tourism his views in regard to the number of grants drawn down to date in relation results of the participants in the Athens Olympic to 2003 applications; the number of outstanding Games; the proposals his Department has to applications which have not drawn down funding access the results; the meetings he or his Depart- in each of the past five years; and if he will make ment has had or proposes to have with the IOC a statement on the matter. [23003/04] and the Irish Sports Council in regard to pro- cessing the results or the preparatory work that Minister for Arts, Sport and Tourism (Mr. will be put in place to prepare for the next games; O’Donoghue): A total of 1,304 applications were and if he will make a statement on the matter. received under the 2004 sports capital pro- [23001/04] gramme, from which I announced a total of 738 142. Mr. Wall asked the Minister for Arts, provisional grant allocations in May and in Sport and Tourism his views in regarding the August of this year. reports that debriefing of athletes after the Under the 2003 sports capital programme a Athens Olympics was not carried out to the satis- total of 1,337 applications were received. A total faction of the athletes; and if he will make a state- of 617 projects were provisionally allocated ment on the matter. [23002/04] grants under the programme, of which 372 have not drawn down any payment to date. A further Minister for Arts, Sport and Tourism (Mr. 126 have drawn down at least some part of their O’Donoghue): I propose to take Questions Nos. grants, with 38 of those having been paid 95% of 141 and 142 together. their grants; the remaining 5% of the funding in The Deputy will be aware that the Irish Sports these cases being retained in accordance with Council, which is the statutory body charged with standard practice pending the receipt of certifi- responsibility for the promotion and development cation of completion of the defects liability period of sport in Ireland, is directly responsible with the of the projects. Olympic Council of Ireland and the relevant The date notified to grantees under the 2003 national governing bodies of sport, in all matters sports capital programme for drawdown of fund- relating to the preparation and participation of ing is 29 October 2004 and my officials are cur- Irish competitors at the Olympic Games. rently issuing reminders to grantees who have not My Department has already been in contact done so to advance their projects to a drawdown with the Irish Sports Council in relation to position by the date specified. The number of Ireland’s performance at Athens. The council has projects which have not drawn down any of the advised that a review of Team Ireland’s partici- funding allocated in each of the past five years is pation in this year’s Olympic and Paralympic as follows: 2004, 709; 2003, 372; 2002, 136; 2001, Games is currently being undertaken — Athens 50; 2000, 16. Review. The review involves questionnaires, one- to-one meetings with the athletes, support per- Cultural Activities. sonnel, coaches and performance directors. I have been assured by the council that the matters 144. Mr. Wall asked the Minister for Arts, raised by the Deputy will be addressed in the con- Sport and Tourism the number of applications text of the review. received from groups or persons seeking to pro- The aim of the review is to produce an objec- mote Irish cultural activities overseas under the tive assessment of the preparation and perform- aspect of the Cultural Relations Committee; and ance of the Irish teams at the Athens Olympic if he will make a statement on the matter. and Paralympic Games in 2004, identifying the [23004/04] strengths and weaknesses of all aspects of the Minister for Arts, Sport and Tourism (Mr. programmes throughout the four-year cycle, with O’Donoghue): The number of applications made a view to making recommendations regarding the to the Cultural Relations Committee from groups development of a programme for Beijing in 2008. or persons seeking to promote Irish cultural Wharton Consulting, a leading consultancy activities overseas was 293 in 2002, 252 in 2003 firm based in Britain, is conducting the review and 230 to date in 2004. under the direction of the Sports Council. Whar- ton Consulting was selected by the Sports Council National Stadium. following a public tender process and has con- siderable experience working with sporting 145. Mr. Wall asked the Minister for Arts, organisations in England, including Sport Sport and Tourism the position in regard to the England. The review is due for completion by 1 development of Landsdowne Road as a national December 2004 and it is the intention of the Irish stadium; and if he will make a statement on the Sports Council to publish the report in due matter. [23005/04] course. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): At the beginning of September Sports Capital Programme. 2004, a formal legal agreement to redevelop the 143. Mr. Wall asked the Minister for Arts, stadium at Lansdowne Road was signed between 811 Written 30 September 2004. Answers 812

[Mr. O’Donoghue.] take to address this scandalous situation. the Government, the Irish Rugby Football [23144/04] Union, IRFU, the Football Association of Ireland, FAI, and the Lansdowne Road Stadium Ta´naiste and Minister for Health and Children Development Company, the special purpose (Ms Harney): Responsibility for the provision of company which has been established to deliver occupational therapy services and human the project. Under the terms of the agreement the resource planning rests in this instance with the IRFU and FAI have agreed to enter into a joint Eastern Regional Health Authority. My Depart- venture together to procure the development of a ment has therefore requested the regional chief 50,000 capacity all-seated stadium at Lansdowne executive to investigate the matters raised by the Road, which is expected to be completed by Deputy and reply to him directly. December 2008. Funding will be provided by the Exchequer, the IRFU and FAI on an agreed Hospital Services. shared basis. The legal agreement sets out how the project will be delivered, managed and oper- 148. Aengus O´ Snodaigh asked the Minister for ated and details the funding arrangements that Health and Children the reason the transplant have been entered into. unit promised for the Mater Hospital by the The Lansdowne Road Stadium Development Government in 2000 never opened; when it is Company Limited has been established jointly by likely to open; and if it will be fully-funded by the the IRFU and FAI to develop and deliver the Government. [23145/04] stadium. The company will effectively be respon- 149. Aengus O´ Snodaigh asked the Minister for sible for building and delivering the stadium. A Health and Children if the equipment for the project director has been appointed to manage transplant unit is in place in the Mater Hospital, the project. The Exchequer will provide its grant Dublin; and if the unit never opened, if it was allocation of up to \191 million over the lifetime due to the fact that Government funding for the of the project. My Department will ensure that operation of such a unit was never forth- the Government’s investment in the project is coming. [23146/04] monitored and protected and that the agreed facility is delivered. Ta´naiste and Minister for Health and Children (Ms Harney): I propose to take Questions Nos. Health Board Services. 148 and 149 together. 146. Aengus O´ Snodaigh asked the Minister for Services at the Mater Hospital are provided Health and Children if her attention has been under an arrangement with the Eastern Regional drawn to the case of a person (details supplied) Health Authority. The lung transplant unit at the in Dublin 8 who has had to wait 12 months for Mater Hospital was formally opened by the Taoi- an occupational therapist to visit their home; her seach in March 2004. My Department is advised views on whether such a long wait is that the Mater Hospital is proposing to carry out unacceptable; and if the Southern Western Area three lung transplants this year, and hopes to Health Board will give greater priority to this per- increase this level of activity to at least 15 trans- son and others like them awaiting assessment. plants per annum as the programme develops. In [23143/04] addition, an agreement is in place with the Free- man Hospital in Newcastle which provides for a Ta´naiste and Minister for Health and Children minimum of 15 lung transplants to be performed (Ms Harney): The provision of health related ser- on Irish patients in the 12 month period to 31 vices, including occupational therapy, for people March 2005, subject to the availability of suitable with physical and-or sensory disabilities is a organs. The position can be further reviewed in matter for the Eastern Regional Health Auth- the event of additional donor organs being ority and the health boards in the first instance. available. Accordingly, the Deputy’s question has been referred to the chief executive officer of the Nursing Home Subventions. Eastern Regional Health Authority with a request that he examine the matter and reply 150. Mr. Connaughton asked the Minister for directly to the Deputy, as a matter of urgency. Health and Children when a decision will be made on an application for the nursing home sub- ´ 147. Aengus O Snodaigh asked the Minister for vention in the name of a person (details supplied) Health and Children if her attention has been in County Galway; and if she will make a state- drawn to the fact that the current waiting list for ment on the matter. [22989/04] occupational therapy in the South Western Area Health Board has been exacerbated by the Minister of State at the Department of Health embargo on recruitment since early 2003; if her and Children (Mr. S. Power): As the Deputy will attention has been further been drawn to the fact be aware, the provision of health services in that the occupational therapy department of the Galway is, in the first instance, the responsibility South Western Area Health Board, community of the Western Health Board. My Department care area 3, has less than 50% of their staffing has, therefore, asked the chief executive of the complement; and the measures he proposes to board to investigate the matter raised by the 813 Written 30 September 2004. Answers 814

Deputy and reply direct to him as a matter of ability Database is intended to provide a compre- urgency. hensive and accurate information base for decision-making in relation to the planning, fund- Hospital Staff. ing and management of services for people with 151. Mr. O’Shea asked the Minister for Health an intellectual disability. and Children her proposals to appoint a neurol- 154. Mr. Noonan asked the Ta´naiste and Mini- ogist to the staff of Waterford Regional Hospital; ster for Health and Children when funding will and if she will make a statement on the be provided to commission a six unit residential matter. [22990/04] unit at St. Vincent’s, Lisnagry, County Limerick; Ta´naiste and Minister for Health and Children and if she will make a statement on the (Ms Harney): Responsibility for the provision of matter. [22993/04] services at Waterford Regional Hospital is, in the first instance, a matter for the South Eastern Minister of State at the Department of Health Health Board. and Children (Mr. T. O’Malley): The develop- My Department has, therefore, asked the chief ment of health related services for people with executive officer of the South Eastern Health intellectual disabilities, and for those with autism, Board to investigate the matter and reply to the is a matter for the Eastern Regional Health Auth- Deputy directly. ority and the health boards in the first instance. Priorities for the allocation of funding available Hospital Services. for the development of such services are decided 152. Mr. O’Shea asked the Ta´naiste and Mini- by the health boards in consultation with the ster for Health and Children if her attention has regional consultative and development commit- been drawn to the fact that a podiatrist is only tees for intellectual disabilities and autism. Vol- available for half an hour per week at Waterford untary sector service providers and consumers Regional Hospital; the urgent proposals she has are represented on these committees. Accord- to provide an adequate podiatrist service at ingly, the Deputy’s question has been referred to Waterford Regional Hospital; and if she will the chief executive officer of the Mid-Western make a statement on the matter. [22991/04] Health Board with a request that he examine the matter and reply directly to the Deputy, as a Ta´naiste and Minister for Health and Children matter of urgency. (Ms Harney): Responsibility for the provision of services at Waterford Regional Hospital is, in the Health Board Services. first instance, a matter for the South Eastern Health Board. My Department has, therefore, 155. Mr. Noonan asked the Ta´naiste and Mini- asked the chief executive officer of the South ster for Health and Children her plans to improve Eastern Health Board to investigate the matter dental services for public patients in the Mid- and reply to the Deputy directly. Western Health Board region; the expected wait- ing time for patients at Nenagh dental clinic and Services for People with Disabilities. at the dental clinic at the Limerick Regional Hospital; and if she will make a statement on the 153. Mr. Gregory asked the Ta´naiste and Mini- matter. [22994/04] ster for Health and Children the reason there is no central database regarding services for chil- Ta´naiste and Minister for Health and Children dren with special needs, indicating the type of (Ms Harney): The provision of orthodontic ser- client each service is designed for; and if she will vices is the statutory responsibility of the health make a statement on the matter. [22992/04] boards-authority in the first instance. Minister of State at the Department of Health I am pleased to advise the Deputy that I have and Children (Mr. T. O’Malley): I wish to advise taken a number of measures to increase the treat- the Deputy that the National Intellectual Dis- ment capacity of orthodontic services in the Mid- ability Database was established in 1995. This Western Health Board, MWHB, area and on a database outlines the specialised health services national basis. The grade of specialist in ortho- currently used or needed by people with intellec- dontics has been created in the health board tual disability and informs the strategic direction orthodontic service. In 2003, my Department and of these services through the provision of infor- the health boards funded 13 dentists from various mation on trends in service need, service use and health boards for specialist in orthodontics quali- wider societal changes that may impact on service fications at training programmes in Ireland and at developments. The National Intellectual Dis- three separate universities in the United ability Database answers four key questions: how Kingdom. These 13 trainees for the public ortho- many people with intellectual disability are dontic service are additional to the six dentists receiving specialised health services; how many who commenced their training in 2001. Thus, people with intellectual disability are waiting for there is an aggregate of 19 dentists in specialist such services; what services are they waiting on; training for orthodontics. These measures will and when, in the next five years, do they need complement the other structural changes being these services? The National Intellectual Dis- introduced into the orthodontic service, including 815 Written 30 September 2004. Answers 816

[Ms Harney.] matter raised by the Deputy and to reply to him the creation of an auxiliary grade of orthodontic directly. therapist to work in the orthodontic area. Furthermore, the commitment of the Depart- Health Board Services. ment to training development is manifested in the 157. Mr. Durkan asked the Ta´naiste and Mini- funding provided to both the training of specialist clinical staff and the recruitment of a professor ster for Health and Children if extra funding can in orthodontics for the Cork Dental School. This be offered to the Kildare branch of the Alzheimer appointment at the school will facilitate the Society of Ireland to support services, details sup- development of an approved training programme plied; and if she will make a statement on the leading to specialist qualification in orthodontics. matter. [23030/04] The chief executive officer of the Southern Minister of State at the Department of Health Health Board has reported that the professor and Children (Mr. S. Power): As the Deputy is commenced duty on 1 December 2003. In recog- aware, the provision of health services in the nition of the importance of this post at Cork Den- Kildare area is, in the first instance, the responsi- tal School, my Department has given approval in bility of the South Western Area Health Board principle to a proposal from the school to further acting under the aegis of the Eastern Regional substantially improve the training facilities there Health Authority. My Department has, therefore, for orthodontics. This project should see the con- asked the chief executive of the authority to struction of a large orthodontic unit and support investigate the matter raised by the Deputy and facilities; it will ultimately support an enhanced reply direct to him as a matter of urgency. teaching and treatment service to the wider region — including the MWHB — under the 158. Mr. Ring asked the Ta´naiste and Minister leadership of the professor of orthodontics. for Health and Children if transport will be pro- In June 2002, my Department provided vided for a person, details supplied, in County additional funding of \5 million from the national Mayo to travel to Cappagh Hospital for 10 treatment purchase fund to health boards-auth- October 2004 in order that they can be admitted ority specifically for the purchase of orthodontic for a hip operation. [23031/04] treatment. This funding is enabling boards to pro- vide both additional sessions for existing staff and Minister of State at the Department of Health purchase treatment from private specialist ortho- and Children (Mr. S. Power): As the Deputy is dontic practitioners. The MWHB was allocated aware, the provision of health services in the an additional \0.451 million from this fund for the Mayo area is, in the first instance, the responsi- treatment of cases in this way. bility of the Western Health Board. My Depart- The management of orthodontic services in the ment has, therefore, asked the chief executive MWHB area is the statutory responsibility of the officer of the board to investigate the matter chief executive officer. My Department has there- raised by the Deputy and reply direct to him as a fore asked the chief executive officer to supply matter of urgency. the information requested regarding waiting times at Nenagh and Limerick to the Deputy Care of the Elderly. directly. 159. Mr. Stagg asked the Ta´naiste and Minister The chief executive officers of the health for Health and Children the number of elderly boards-authority have informed my Department persons awaiting allocation of a long-term care that at the end of the March quarter 2004, there were 21,033 children receiving orthodontic treat- place in State nursing homes and public beds in ment in the public orthodontic service. This private nursing homes in County Kildare; and if means that there are over twice as many children she will make a statement on the matter. getting orthodontic treatment as there are chil- [23038/04] dren waiting to be treated. Minister of State at the Department of Health and Children (Mr. S. Power): As the Deputy is Hospital Waiting Lists. aware, the provision of health services in County 156. Mr. Durkan asked the Ta´naiste and Mini- Kildare is, in the first instance, the responsibility ster for Health and Children if and when an early of the South Western Area Health Board acting hospital appointment can be scheduled for a per- under the aegis of the Eastern Regional Health son, details supplied, to attend Hume Street Authority. My Department has, therefore, asked Hospital; and if she will make a statement on the the chief executive officer of the authority to matter. [22995/04] investigate the matter raised by the Deputy and reply direct to him as a matter of urgency. Ta´naiste and Minister for Health and Children (Ms Harney): Responsibility for the provision of Adoption Services. health services to persons residing in counties Dublin, Kildare and Wicklow rests with the 160. Mr. McGuinness asked the Ta´naiste and Eastern Regional Health Authority. My Depart- Minister for Health and Children if an application ment has, therefore, asked the regional chief for a second adoption in the name of persons, executive of the authority to investigate the details supplied, in County Kilkenny will be 817 Written 30 September 2004. Answers 818 expedited in view of the exceptional circum- Health and Children her plans to ensure the rapid stances of the case. [23052/04] turnaround of cervical smear testing results. [23059/04] Minister of State at the Department of Health and Children (Mr. B. Lenihan): The matter raised Ta´naiste and Minister for Health and Children by the Deputy is the statutory responsibility of (Ms Harney): The number of smear tests carried the South Eastern Health Board. My Department out annually is approximately 230,000 and rep- has requested the chief executive officer of the resents an increase of almost 20% in recent years. health board to look into the matter and to reply In order to meet this increased demand, directly to the Deputy. additional cumulative funding of \11 million has been provided by my Department since 2002 to Cancer Screening Programme. enhance the laboratory and colposcopy services. 161. Ms O. Mitchell asked the Ta´naiste and This funding has enabled the laboratories to Minister for Health and Children if liquid based employ additional personnel, to purchase new cervical smear testing is universally used through- equipment and to introduce new technology and out the country; and if not, when it is envisaged thereby increase the volume of activity. In that such testing will be extended. [23058/04] addition, a number of hospitals have undertaken initiatives such as contracting out of smear test Ta´naiste and Minister for Health and Children analysis to external laboratories. These initiatives (Ms Harney): My Department is advised by the have resulted in a reduction in waiting times. Eastern Regional Health Authority that it has introduced liquid based cytology into all cytology 163. Ms O. Mitchell asked the Minister for laboratories in the region. In addition, my Health and Children the waiting time for results Department is currently in discussion with the of cervical smear tests in each health board Irish cervical screening programme concerning area. [23060/04] the question of introducing liquid based cytology Ta´naiste and Minister for Health and Children in other laboratories in the country. (Ms Harney): My Department is advised by the Eastern Regional Health Authority and relevant Cancer Screening Programme. health boards that the current average waiting 162. Ms O. Mitchell asked the Minister for times for cervical screening tests are as follows:

Board Urgent Routine

ERHA 1-2 weeks 6-7 weeks NEHB 1 week 4-9 weeks NWHB 4 weeks 4-6 weeks SHB 1 week 7-8 weeks WHB 2 weeks 6 weeks

The number of smear tests carried out annually Ta´naiste and Minister for Health and Children is approximately 230,000 and represents an (Ms Harney): In July 2002 I announced an increase of almost 20% in recent years. In order additional 850 community nursing unit beds to meet this increased demand, additional cumu- which will provide respite, convalescence, long lative funding of \11 million has been provided stay and rehabilitation services to elderly patients by my Department since 2002 to enhance the lab- under two pilot public private partnership, PPP, oratory and colposcopy services. This funding has projects in 17 locations throughout the Eastern enabled the laboratories to employ additional Regional Health Authority, ERHA, and South- personnel, purchase new equipment and to intro- ern Health Board, SHB, areas. duce new technology and thereby increase the Public sector benchmarks for both projects volume of activity and improve turnaround times have been prepared and finalised by the ERHA for results. In addition, a number of hospitals and the SHB. These are a comprehensive and have contracted out smear test analysis to exter- detailed risk adjusted costing of the project nal laboratories to reduce waiting times. elements using conventional procurement over the whole life of the project. The public sector Hospitals Building Programme. benchmarks have been submitted to the Depart- 164. Ms O. Mitchell asked the Minister for ment of Finance for consideration and my Health and Children if representations to the Department is currently in consultation with the Minister for Finance have been made by her Department of Finance with regard to the pro- Department to extend capital reliefs to facilitate jects. On approval contract notices will be adver- the construction of geriatric or psychiatric tised by each of the awarding authorities in the hospitals cum nursing homes in cases in which the Official Journal of the European Union. need is great and the voluntary sector is anxious The question of extending capital reliefs to to become involved in meeting this need. facilitate the construction of geriatric or psychi- [23061/04] atric hospitals has not arisen to date. 819 Written 30 September 2004. Answers 820

Hospital Services. the future; if she can indicate the way in which 165. Ms O. Mitchell asked the Minister for such patients are to be provided for in the future Health and Children if she has responded to the in view of the reluctance of other general issues raised by a person (details supplied) in hospitals to accept patients in this category, their letter to the chief executive officer of particularly those with rare diseases requiring iso- Tallaght Hospital; and the action which has been lation; and if she will make a statement on the taken to ensure that a serious crisis does not matter. [23097/04] occur in the orthopaedic service. [23062/04] Ta´naiste and Minister for Health and Children (Ms Harney): Services at Peamount Hospital are Ta´naiste and Minister for Health and Children (Ms Harney): Services at the Adelaide and Meath provided under an arrangement with the Eastern Hospital, incorporating the National Children’s Regional Health Authority. My Department has, Hospital, Tallaght and at Our Lady’s Hospital for therefore, asked the regional chief executive of Sick Children, are provided under an arrange- the authority to examine the issues raised by the ment with the Eastern Regional Health Auth- Deputy and to reply to him directly. ority. My Department has, therefore, asked the Health Board Services. regional chief executive of the authority to exam- ine this issue and to reply to the Deputy directly. 168. Mr. Durkan asked the Minister for Health and Children if and when respite care or therapy Medical Negligence Claims. will be offered in the case of a person (details 166. Ms O. Mitchell asked the Minister for supplied) in County Kildare; and if she will make Health and Children the action she is proposing a statement on the matter. [23098/04] to compensate women damaged by a person Minister of State at the Department of Health (details supplied) the vast majority of whose cases and Children (Mr. T. O’Malley): The provision of are not statute barred. [23063/04] health related services, including respite care or therapy, for people with physical and or sensory Ta´naiste and Minister for Health and Children (Ms Harney): Any person who believes that they disabilities is a matter for the Eastern Regional have suffered loss or injury as the result of negli- Health Authority and the health boards in the gence by another person has the right to seek first instance. Accordingly, the Deputy’s question redress through the courts. Any claim for com- has been referred to the chief executive officer pensation is against the person who has allegedly of the Eastern Regional Health Authority with a caused the loss or injury. In the case referred to request that he examine the matter and reply by the Deputy no claim has been made against directly to the deputy, as a matter of urgency. either the Minister for Health and Children or my Voluntary Organisations. Department. If the statute of limitations has not expired the women concerned can still exercise 169. Mr. Neville asked the Minister for Health their rights through the courts. and Children if she will outline her Department’s contribution to voluntary organisations, both Hospital Services. directly and through the health boards for 2002, 167. Mr. Durkan asked the Minister for Health 2003 and 2004. [23104/04] and Children if she will update her plans for the Ta´naiste and Minister for Health and Children future development of Peamount Hospital, (Ms Harney): My Department directly funded the County Dublin with particular reference to the following capital and non-capital financial grants need to provide senior consultancy posts in to the voluntary organisations outlined below in respect of tuberculosis or respiratory illness for 2002, 2003, and to date in 2004.

Capital \000 Non Capital \000

Mercy Hospital 2002 4,690 Final Determination 43.675 2003 4,713 Final Determination 52.875 2004 ytd 2004 — 14,645 Original 04 Allocation 56.351 South Infirmary 2002 4,578 Final Determination 33.361 2003 3,705 Final Determination 38.995 2004 ytd 2004 — 980 Original 04 Allocation 42.231 St John’s Hospital 2002 0 Final Determination 16.449 2003 307 Final Determination 17.727 2004 ytd 2004 — 939 Original 04 Allocation 18.709 821 Written 30 September 2004. Answers 822

Capital \000 Non Capital \000

Disability Federation 2002 0.00 Final Determination 717 2003 0.00 Final Determination 549 2004 0.00 Original 04 Allocation 679 NAMHI 2002 0.00 Final Determination 283 2003 0.00 Final Determination 315 2004 0.00 Original 04 Allocation 355

In addition, the health promotion unit in my liver damage as a result of paracetamol poisoning Department issued in each of the years 2000 to 2003. [23107/04] 173. Mr. Neville asked the Minister for Health Year \000 and Children the number of cases of self-poison- ing here in each of the years from 2000 to 2003; 2002 815 and the number of cases of self-poisoning 2003 720 resulting from paracetamol products in each of these years. [23108/04] 30 August 2004 342 174. Mr. Neville asked the Minister for Health and Children the number of liver transplants here Since the year 2000, the funding of the voluntary in each of the years 2000 to 2003; and the number organisations providing services for sensory, of liver transplants due to damage as a result of physical and intellectual disabilities has trans- paracetamol overdoses in each of the years 2000 ferred to the health boards and the Health Board to 2003. [23109/04] Authority. In addition, capital significant funding 175. Mr. Neville asked the Minister for Health has been provided by the health boards and the and Children the number of products on the mar- authority to assist a wide range of voluntary ket containing paracetamol; and the names of organisations. same. [23110/04] My Department has requested the boards and authority to reply directly to the Deputy with the Ta´naiste and Minister for Health and Children relevant information. (Ms Harney): I propose to take Questions Nos. 170 to 175, inclusive, together. Paracetamol Poisoning. The statistical data sought by the Deputy is summarised in the following table. With the 170. Mr. Neville asked the Minister for Health exception of data on liver transplants, which and Children the number of persons by gender comes from the national organ procurement ser- who overdosed on paracetamol products for 2000, vice and renal and pancreatic transplant centre 2001 and 2002. [23105/04] based at Beaumont Hospital, the data presented 171. Mr. Neville asked the Minister for Health below are derived from the hospital in-patient and Children the number of kidney failures inquiry, HIPE, system, which records information on each in-patient and day-case discharge from resulting from overdosing on paracetamol prod- all publicly funded acute hospitals. Persons hospi- ucts for each year from 2000 to 2003. [23106/04] talised more than once in a given year for the 172. Mr. Neville asked the Minister for Health same condition are counted separately in the and Children the number of persons who suffered statistics for each hospital stay.

Table 1 Hospitalisation related to Paracetamol Poisoning 2000-2003

Year Self- Self-poisoning by Paracetamol No. of persons who No. of persons who No. of liver poisoning: paracetamol: no. poisoning: no. of suffered kidney suffered liver transplants no. of of persons by persons by failures as a result damage as a result (3) (4) persons gender gender of paracetamol of paracetamol poisoning poisoning Male Female Male Female

2000 3,731 293 643 487 1,036 9 25 40 2001 3,643 311 693 483 1,086 15 35 35 2002 3,402 282 538 464 928 12 36 38 2003 (5) 3,508 299 602 489 997 11 27 32 Source: Hospital In-Patient Enquiry (HIPE) except liver transplant data (see note 3) 823 Written 30 September 2004. Answers 824

Notes: (1) Kidney failure may pre-exist the overdosing episode hence kidney failure may or may not be due to the overdosing on paracetamol products. (2) Liver damage may pre-exist the poisoning hence liver damage may or may not be due to paracetamol poisoning. (3) National Organ Procurement Service and Renal and Pancreatic Centre. (4) In HIPE, only 2 cases implicate paracetamol as a contributory factor to liver transplant in the period 2000-2003. (5) HIPE data for 2003 is incomplete.

The above data relates to cases where persons following data in relation to reports received in were hospitalised. The National Poisons Centre the centre on paracetamol overdosing. based at Beaumont Hospital have supplied the

Table 2. Total number of persons who overdosed on Paracetamol, grouped by gender.

Total Females Accidental Total Males Accidental Total Unknown Accidental only* only* only*

2000 479 41 265 38 17 6 2001 538 40 201 24 5 2 2002 410 37 127 15 2 0 2003 445 35 177 42 3 0 *All cases involving children under the age of 12 are deemed to be accidental. Source: National Poisons Centre

Table 3. Cases of self-poisoning.

Year All agents Pharmaceuticals only Paracetamol

2000 11,322 5,379 676 2001 9,744 6,221 678 2002 8,646 5,567 487 2003 8,386 5,125 548 Source: National Poisons Centre

The number of authorised products on the executive of the authority to investigate the market containing paracetamol is one hundred matter raised by the Deputy and to reply to her and nineteen. However the Deputy should be directly. aware that because a product is authorised, this does not necessarily mean that the product is on Services for People with Disabilities. the market at this time. Information on the ´ number of products on the market at this time 177. Aengus O Snodaigh asked the Minister containing paracetamol is not available. for Health and Children if there has been dis- cussions between officials of his Department and the health boards and local regarding on the need With regard to the names of products contain- to provide appropriate housing in the community ing paracetamol, this information is not readily which can address the accommodation needs of available. However I have asked the Irish Medi- persons with schizophrenia and their carers; and cines Board for this information and I will for- if she will make a statement on the matter. ward it to the Deputy when it becomes available. [23150/04] Hospital Waiting Lists. Ta´naiste and Minister for Health and Children 176. Ms Shortall asked the Minister for Health (Ms Harney): The Inspector of Mental Hospitals and Children her views on whether it is accept- has repeatedly expressed his concern about the able that a person (details supplied) in Dublin 15 inadequate supply of appropriate housing in the whose general practitioner suspects that they community for persons suffering mental illness in have skin cancer is forced to wait until August his annual reports. The inspector has acknow- 2005 for a diagnostic biopsy; and the steps he will ledged the valuable work done by voluntary take to ensure that early diagnosis is available. groups in availing of Department of the Envir- [23138/04] onment and Local Government funding to pro- vide excellent residential facilities throughout the Ta´naiste and Minister for Health and Children State. Nevertheless, much remains to be done in (Ms Harney): Responsibility for the provision of this area. I assure the Deputy in this regard that health services to persons residing in Counties the future communitisation of our mental health Dublin, Kildare and Wicklow rests with the services, including measures to address the needs Eastern Regional Health Authority. My Depart- of schizophrenia sufferers and their carers, will be ment has, therefore, asked the regional chief considered in the context of the Estimates pro- 825 Written 30 September 2004. Answers 826 cess for 2005 and subsequent years. Such con- Dublin local authorities following the communi- siderations, as in the past, will involve discussions cation by him of the list of speed limit revisions between officials of the Department of Health recommended by the Automobile Association and Children and service providers and users. and the Society for the Irish Motor Industry. [23046/04] Mental Health Services. Minister for Transport (Mr. Cullen): In the 178. Aengus O´ Snodaigh asked the Minister for context of an overall review of speed limits car- Health and Children the funding that has been ried out against the background of the met- granted by the State to organisations (details rication of such limits generally, county and city supplied) in each of the past five years; her views managers were asked in January 2003 to examine on the fact that these groups need to be funded the position in their areas. The authorities were adequately so that they can carry out their work also asked to examine locations where speed lim- effectively; and if she will make a statement on its might not be appropriate and to take appropri- the matter. [23151/04] ate action. Both the Automobile Association and Ta´naiste and Minister for Health and Children the Society for the Irish Motor Industry sub- (Ms Harney): Voluntary organisations such as sequently presented the Department with lists of Schizophrenia Ireland (Lucia Foundation) and more than 50 locations around the country in their members play an essential role, together respect of which they had received represen- with the statutory agencies, in providing mental tations questioning the speed limits currently in health services. I am committed to encouraging place. The details of current and suggested limits, the activities of such voluntary organisations. The as received from the AA and SIMI, were for- level of funding made available by the Depart- warded to the relevant managers for their con- ment of Health and Children and the health sideration. Reports have been received from the boards to Schizophrenia Ireland (Lucia four Dublin local authorities in response to the Foundation) in the period 1999-2003* is as fol- issues highlighted by the AA and SIMI. lows: 1999, 399,300; 2000, 414,437; 2001, 551,697; 2002, 989,589; 2003, 1,021,348. Rail Accidents. The other organisation referred to by the 181. Ms O. Mitchell asked the Minister for Deputy, the Irish Psychiatric Association, which Transport if he has received a report from the was established in 2001, is an organisation of psy- RPA in respect of the Luas derailment which chiatrists focused on policy and service develop- occurred at St. Stephen’s Green. [23065/04] ment. One-off funding of \15,000 was made avail- able to the association in 2001 towards the cost Minister for Transport (Mr. Cullen): I presume of its inaugural conference, which focused on the the Deputy is referring to the incident that took provisions of the Mental Health Act 2001. place on 17 September 2004. I am advised by the *2004 audited accounts are not yet available interim railway safety commission that it expects to receive a report into the incident from Connex, Driving Tests. the tram operator, shortly. Shortly after the inci- dent, two inspectors from the interim commission 179. Mr. Wall asked the Minister for Transport inspected the scene and since then have been the length of lists for driving tests at the Carlow, monitoring the investigation by Connex. The Naas and Portlaoise centres; the proposals he has interim commission is also keeping in contact in regard to the reduction of such lists; and if he with the Garda regarding its investigation. It will make a statement on the matter. [23033/04] would be inappropriate to speculate on the likely Minister for Transport (Mr. Cullen): The cause of the collision before Connex finalises its number of persons awaiting a driving test at the report and while the Garda investigation is centres named is set out in the following table: ongoing.

Centre Number of Applicants Decentralisation Programme. 182. Ms Shortall asked the Minister for Trans- Carlow 2,469 port if his attention has been drawn to the fact Naas 6,434 that only one Bus E´ ireann employee has indi- Portlaoise 1,495 cated a wish to decentralise to Mitchelstown; the way in which he proposes to deal with the decen- tralisation issue in view of this; and if he will My Department is in communication with the make a statement on the matter. [23102/04] Department of Finance regarding measures to reduce the backlog of driving test applicants Minister for Transport (Mr. Cullen): There are including the recruitment of additional driver currently no expressions of interest from Bus testers. E´ ireann employees to decentralise to Mitchels- town. There has been a general reluctance on the Road Signage. part of State agency employees to participate in the central applications facility and this has influ- 180. Ms O. Mitchell asked the Minister for enced the Bus E´ ireann position. The Department Transport if he has received a response from the 827 Written 30 September 2004. Answers 828

[Mr. Cullen.] way line in view of the success of the new Ennis- of Finance is currently engaged in ongoing nego- Limerick commuter line; and if he will make a tiations with unions and staff associations rep- statement on the matter. [23112/04] resenting State agency employees. Minister for Transport (Mr. Cullen): Earlier this year the previous Minister for Transport, Road Traffic Offences. Deputy Seamus Brennan, established an expert 183. Ms Shortall asked the Minister for Trans- working group, under the chairmanship of Mr. port the persons to whom penalty points are Pat McCann, chief executive of the Jurys-Doyle applied when drivers of fleet vehicles are caught hotel group, to carry out a full examination of the speeding by speed cameras; and if he will make a proposal to re-open the western rail corridor. The statement on the matter. [23103/04] group is comprised of county managers, directors of the regional authorities, representatives of the Minister for Transport (Mr. Cullen): The Road city and county development boards, the Western Traffic Act 2002 provides that where it is not Development Commission, West-on-Track and possible to identify the driver of a mechanically the inter-county rail committee, Iarnro´ dE´ ireann, propelled vehicle which has exceeded the speed the Railway Procurement Agency and my limit, a fixed charge notice is issued by the Garda Department. The working group is examining all Sı´ocha´na to the registered owner of the vehicle aspects of the western rail corridor proposal concerned. This can occur for instance where the including the prospects for opening the line on a commission of a speeding offence is detected by phased basis. This would include the potential for a camera. The notice conveys details of the com- opening the Ennis-Athenry-Galway section of mission of an alleged offence and indicates that the line. no prosecution will be initiated if the driver pays a fixed charge within a 28 or 56 day period and Public Transport. accepts two penalty points on his driving licence record. The notice also conveys to the registered 185. Mr. Boyle asked the Minister for Trans- owner that if he or she was not driving or other- port the supports his Department offers in the wise using the vehicle at the time of the com- area of accessible transport; and if such support mission of the alleged offence, he or she should has been sought and given to the Cork accessible complete and return within 28 days a form pro- transport group. [23134/04] viding information including the name and address of the person who was driving or other- Minister for Transport (Mr. Cullen): Good pro- wise using the vehicle. gress has been made in recent years to make public transport more accessible for people with It is an offence for a registered owner to fail mobility and sensory impairments. This has been to comply with the requirement to supply such done through the provision of focused investment information. Furthermore, it is an offence if a in accessible buses and railway rolling stock as registered owner gives information whether or well as transport infrastructure and facilities. Full not contained in a document which is to his or her details of this progress along with my Depart- knowledge false or misleading. In that context, it ment’s proposals for the future development of should be particularly noted that the Road Traffic accessible public transport are contained in the Act, 2002 also provides that where the registered outline sectoral plan for accessible public trans- owner of the vehicle concerned does not furnish port published recently in conjunction with the information to the effect that some other person Disability Bill 2004. A copy of the plan is avail- was driving or otherwise using the vehicle, in a able on my Department’s website at prosecution of that owner for the alleged offence, www.transport.ie. it shall be presumed until the contrary is shown I understand that the Cork accessible transport that he or she was driving or otherwise using the group provides door-to-door specialised transport vehicle at the time of the commission of the services exclusively for people with mobility alleged offence. Thus where a registered owner impairments and that responsibility for the fund- does not pay the fixed charge or does not com- ing for this type of service is the responsibility of municate to the Garda Sı´ocha´na that anyone else the Department of Justice, Equality and Law was driving the vehicle at the relevant time, a Reform. prosecution may be initiated by the Garda Sı´ocha´na. Garda Stations. Persons convicted of the commission of an offence of exceeding a speed limit will, unless the 186. Mr. Wall asked the Minister for Justice, court imposes a disqualification from driving, Equality and Law Reform when a sufficient have four penalty points endorsed on their number of gardaı´ will be provided to ensure that licence record in the national driver file. a Garda station (details supplied) in County Kildare can opened to the public for 24 hours per Rail Network. day per week; and if he will make a statement on the matter. [22983/04] 184. Mr. P. Breen asked the Minister for Trans- port if Iarnro´ dE´ ireann will carry out costings on Minister for Justice, Equality and Law Reform the reopening of the Ennis-Athenry-Galway rail- (Mr. McDowell): I have been informed by the 829 Written 30 September 2004. Answers 830

Garda authorities who are responsible for the Garda management will continue to appraise the detailed allocation of resources, including person- policing and administrative strategy employed in nel, that Athy Garda station is open to the public the Carlow-Kildare division with a view to ensur- from 9 a.m. to 10 p.m. each day. In addition, the ing that an effective Garda service is maintained. sub-district is policed by a mobile patrol 24 hours The situation will be kept under review and when a day, seven days a week. The extension of the additional personnel next becomes available the current opening hours to 24 hours would necessi- needs of Garda stations in County Kildare will be tate the employment of Garda personnel on fully considered within the overall context of the indoor administrative duties. Such personnel can needs of Garda stations throughout the country. be utilised more effectively in providing a visible Garda presence on outdoor policing duties. Local Visa Applications. Garda management is satisfied that the current 188. Mr. Timmins asked the Minister for opening hours of Athy Garda station are Justice, Equality and Law Reform the reason a adequate to meet the present policing needs of person (details supplied) in County Leitrim has the area. not received correspondence from the immi- 187. Mr. Wall asked the Minister for Justice, gration offices following an application for exten- Equality and Law Reform the number of gardaı´ sion of their visa; and if he will make a statement in each of the stations in the Kildare section of on the matter. [22985/04] the Carlow-Kildare division; if the number for Minister for Justice, Equality and Law Reform each station is equal to the accepted number; if (Mr. McDowell): The immigration division of my not, when the positions will be filled to bring the Department has recently been in contact with the stations to their full complement; and if he will person concerned requesting further information make a statement on the matter. [22984/04] regarding her application for residency. On receipt of this information a decision will be made Minister for Justice, Equality and Law Reform on the case. (Mr. McDowell): I have been informed by the Garda authorities who are responsible for the Asylum Applications. detailed allocation of resources, including person- 189. Mr. Crowe asked the Minister for Justice, nel, that the personnel strength of Carlow- Equality and Law Reform if he will investigate Kildare division as at 27 of September 2004 is 326, the case of a person (details supplied). all ranks. This compares to a figure of 292 on the [22986/04] 31 of December 1997 and represents an increase of 34, or 11.65%, in the personnel allocated to Minister for Justice, Equality and Law Reform Carlow-Kildare division since that date. It is the (Mr. McDowell): The person referred to by the responsibility of the divisional officer to allocate Deputy entered the State on 23 August 2000 as personnel within his or her division. I have been an unaccompanied minor and applied for refugee further informed that the personnel strength, all status. Following an interview on 15 January 2002 ranks, of each Garda station in County Kildare in by the Office of the Refugee Applications Com- the Carlow-Kildare division as at 27 of September missioner, he was refused refugee status in the 2004 is as set out hereunder: State. He was notified of this refusal on 28 March 2002 and subsequently appealed the determi- Station Strength nation to the Refugee Appeals Tribunal. Follow- ing an oral hearing on 19 September 2002, his Naas 78 appeal was rejected and the original determi- nation affirmed. He was informed of the Refugee Clane 6 Appeals Tribunal decision on 30 November 2002. Kill 3 In accordance with section 3 of the Immigration Celbridge 19 Act 1999 as amended, the person concerned was Maynooth 15 informed on 4 February 2003 that it was proposed to make a deportation order in respect of him. He Kildare 28 was given the following options: to make written Newbridge 29 representations within 15 working days to the Robertstown 3 Minister for Justice, Equality and Law Reform Kilcullen 3 setting out reasons as to why he should not be deported; or to voluntarily leave the State or to Carbury 2 consent to deportation. Monasterevin 2 An application for leave to remain in the State Rathangan 3 was received from his legal representatives on 26 Athy 17 February 2003. Following consideration of the case under section 3 of the Immigration Act 1999, Castledermot 2 as amended, and section 5 of the Refugee Act Ballytore 1 1996, which deals with prohibition of refoulement, Ballymore Eustace 1 a deportation order was signed on 27 July 2004 in respect of this person who is no longer a minor. 831 Written 30 September 2004. Answers 832

[Mr. McDowell.] that in this instance the assessment is almost The enforcement of the deportation order is a complete. matter for the Garda National Immigration On completion of the assessment process, the Bureau. The person concerned is currently in cus- project will be referred to the programme tody awaiting arrangements for his deportation. appraisal committee chaired by my Department which makes a funding recommendation to me Ground Rents Abolition. before I make a final decision on the matter. In the interim, it would be premature of me to com- 190. Mr. Gregory asked the Minister for ment further on this capital grant application. Justice, Equality and Law Reform his plans to abolish ground rents; the assistance available to Citizenship Applications. families and persons in need whose lease is due to expire involving considerable costs to them if 192. Cecilia Keaveney asked the Minister for they are not to lose their home; and if he will Justice, Equality and Law Reform the position in make a statement on the matter. [22987/04] relation to a citizenship application for a person (details supplied) in County Donegal; and if he Minister for Justice, Equality and Law Reform will make a statement on the matter. [23026/04] (Mr. McDowell): The Government’s legislative programme makes provision for a Bill to abolish Minister for Justice, Equality and Law Reform ground rents. As I have stated previously, publi- (Mr. McDowell): An application for naturalis- cation of the Bill is subject to the resolution of ation from the person referred to by the Deputy possible constitutional and practical difficulties. was received in the citizenship section of my The constitutional difficulties relate to the respec- Department in June 2003. The average processing tive rights of ground rent tenants and landlords time for an application for naturalisation is cur- while the practical difficulties concern land law rently 24 months. Consequently, it is anticipated generally and in particular the land registration that the application should be finalised around system. June 2005. I am sure that the Deputy is aware that a statu- As I have previously stated there are over 650 tory scheme for the acquisition of the fee simple staff members employed by my Department in in dwelling houses is contained in the Landlord the provision of services for or in respect of non- and Tenant (Ground Rents)(No. 2) Act 1978. nationals. Unfortunately, it has been the case that Part III of that Act provides a special procedure, more than 70% of those staff are engaged full operated at low cost by the Land Registry, time in activities associated with the actual pro- cessing of asylum claims or in the provision of whereby a person may acquire readily and rela- support for asylum applicants. However, the tively inexpensively the fee simple in their dwell- major reduction in the numbers of asylum appli- ing house. The value of a lease to a landlord cants is now giving me an opportunity to re-focus increases the closer the lease is to expiry and the those resources on areas of service provision for best advice to give tenants is to buy out a ground non-nationals which are under-resourced at this rent in good time. This will avoid the extra costs point in time. The citizenship area is one of the attaching to the purchase of the ground rent areas which will benefit from that process. where a lease is close to expiry. This has been the consistent advice offered by Ministers for Justice, Garda Strength. Equality and Law Reform. 193. Cecilia Keaveney asked the Minister for Grant Payments. Justice, Equality and Law Reform if all Garda stations in a district (details supplied) in County 191. Mr. Noonan asked the Minister for Justice, Donegal are at their full strength; if not, when Equality and Law Reform when a decision will they will be dealt with; and if he will make a state- be made on an application by a person (details ment on the matter. [23027/04] supplied) in County Limerick for a grant under the national development plan; and if he will Minister for Justice, Equality and Law Reform make a statement on the matter. [22988/04] (Mr. McDowell): I have been informed by the Garda authorities that it is the responsibility of Minister for Justice, Equality and Law Reform the divisional officer to allocate personnel within (Mr. McDowell): An application for capital grant his or her division. The current personnel assistance from the 2000-06 equal opportunities strength, all ranks, of Buncrana Garda District is child care programme was submitted by this 75. private child care provider to my Department Every effort is made to fill vacancies that arise some time ago. The day-to-day administration of as a result of retirements-promotions in conjunc- the programme is undertaken by Area Develop- tion with the allocation of newly attested gardaı´ ment Management Limited, which has been and newly promoted personnel and I am engaged by my Department to carry out thorough informed that an additional 19 probationer gardaı´ assessments against the programme criteria of all were allocated to the Donegal division on 15 Sep- applications for grant assistance, on my behalf. I tember 2004. understand that the assessment process can Garda management will continue to appraise involve lengthy dialogue with the applicant and the policing and administrative strategy employed 833 Written 30 September 2004. Answers 834 in the Buncrana district and Donegal division the child care measures. This brings the total with a view to ensuring that an effective Garda funding available for the programme to \449.3 service is maintained. The situation will be kept million. under review and when additional personnel next There has been considerable demand from becomes available, the needs of Buncrana will be community based groups for capital grant assist- fully considered within the overall context of the ance under the programme and every county has needs of Garda divisions throughout the country. benefited significantly from grants to provide new and enhanced community based child care facili- 194. Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform if the man- ties and indeed to support capital developments power at a Garda station (details supplied) in in the private child care sector. ADM, on behalf County Donegal is back to its full strength; and if of my Department, is currently carrying out an he will make a statement on the matter. extensive review of the programme’s capital com- [23028/04] mitments to date, numbering more than 1,100 at a value of \114 million, to ensure that all the grant Minister for Justice, Equality and Law Reform commitments previously entered into will be (Mr. McDowell): I have been informed by the realised. Projects may be awaiting planning per- Garda authorities that it is the responsibility of mission or the completion of tender processes the divisional officer to allocate personnel within before reasonable assurance can be taken that his or her division. The current personnel they will proceed and, if they do not, the funding strength, all ranks, of Moville Garda station is set aside can be decommitted and made available eight. to another project. Every effort is made to fill vacancies that arise Expenditure under the programme covers the as a result of retirements-promotions etc. in con- period to end 2007 and must take place in a junction with the allocation of newly attested planned manner as must grant approvals to gardaı´ and newly promoted personnel and I am ensure that the programme can meet its financial informed that an additional 19 probationer gardaı´ commitments at all times. In addition, my were allocated to the Donegal division on 15 Sep- Department has recently reviewed the different tember 2004. budget lines under the EOCP including the capi- Garda management will continue to appraise tal programme to ensure that the most effective the policing and administrative strategy employed use is made of all remaining funding in accord- in the Donegal division with a view to ensuring ance with the programme’s objectives and this \ that an effective Garda service is maintained. The has brought to 157 million the total allocation situation will be kept under review and when for the capital development of child care under additional personnel next becomes available, the the current programme. At the same time, an needs of the Donegal division will be fully con- extensive review of child care provision on the sidered within the overall context of the needs of ground has taken place to identify obvious service Garda divisions throughout the country. gaps, the filling of which will be a priority using the remaining capital funding which currently \ \ Child Care Programme. exceeds 30 million, of which about 25 million is being earmarked for community based not for 195. Mr. Deenihan asked the Minister for profit child care groups which provide services for Justice, Equality and Law Reform when a young children to support their parents who may decision will be made on the application for a be in employment, education and training. grant by a centre (details supplied ) in County I intend to allocate the remaining capital fund- Kerry under the child care capital programme; ing under this strand of the Government’s com- and if he will make a statement on the matter. mitment to child care to address the most [23029/04] immediate service gaps. As a result, all the pro- Minister for Justice, Equality and Law Reform jects in the pipeline on 30 April 2004 have been (Mr. McDowell): I understand that a capital grant reviewed again by ADM Limited on the basis of application for more than \3.2 million was sub- geographical need, the range of services being mitted by the group to my Department some time offered, value for money and the capacity of the ago. This is one of the highest grant amounts ever groups to complete a project before the end of sought for a single project under the programme. the programme in 2007. Those projects which The Equal Opportunities Childcare Pro- best meet the criteria will receive priority funding gramme 2000-2006 is a seven year development from the capital funding which remains unallo- programme which aims to increase the avail- cated at this point. ability and quality of child care to support parents I have made inquiries and I understand that the in employment, education and training. The pro- application for capital grant assistance in respect gress of the programme was commented upon of this project has been reviewed as part of the very favourably by the mid-term evaluators of the review process to which I have just referred. I regional operational programmes and the understand that the recommendations regarding National Development Plan 2000-2006, and fol- allocation of the remaining funding are currently lowing the mid-term review additional funding of in preparation. If a project is recommended for approximately \12 million was made available for funding as part of this process, its recommend- 835 Written 30 September 2004. Answers 836

[Mr. McDowell.] the PULSE system; and if he will make a state- ation will be conditional upon its being able to ment on the matter. [23042/04] establish that it can be completed within a fixed budget and a tight time frame. If a project is not Minister for Justice, Equality and Law Reform recommended for priority funding at this time, it (Mr. McDowell): I have been informed by the may be considered again should additional capital Garda authorities that the number of hours spent resources come available and if the project has annually in inputting incidents reports and other adequately demonstrated that it would merit data into the PULSE system is not recorded. funding under the programme during the review process. The allocation of any additional funding Garda Equipment. which might come available to me will also be 198. Mr. J. O’Keeffe asked the Minister for allocated on the basis of local need, levels of ser- Justice, Equality and Law Reform if he has satis- vice being offered and value for money. fied himself with the reliability of the principal I do not doubt but that the success of the radio communications system which is being used present strand of the programme and the need to by the gardaı´; if his attentions has been drawn to continue to make child care available to support incidents of its having failed; and if he will make the child care needs of our still growing work a statement on the matter. [23043/04] force will support my case for ongoing capital and current funding from Government for this key 199. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position sector. Indeed, should any additional funding regarding the Tetra radio communications sys- become available before the end of the present tem; the reason it has not been rolled out fully to national development plan, I would expect that date; the date by which all members will be using the programme would again benefit from this system; and if he will make a statement on transfers. the matter. [23044/04] The Deputy may be aware that the group in question has previously been approved a total of Minister for Justice, Equality and Law Reform \ 362,927 in staffing supports under the pro- (Mr. McDowell): I propose to take Questions gramme. In the interim, it would be premature of Nos. 198 and 199 together. me to comment further on this capital grant I am aware that the existing radio communi- application. cations system in use by the Garda Sı´ocha´na is in need of replacement and steps are underway to Garda Deployment. introduce a replacement digital radio system. In this regard, a pilot digital radio system covering 196. Mr. J. O’Keeffe asked the Minister for the Dublin north central division and traffic Justice, Equality and Law Reform the number of section, Dublin Castle has been completed by the administrative posts which are being carried out Garda Sı´ocha´na. Following its successful com- partly or in full by gardaı´; and if he will make a pletion, the Garda Sı´ocha´na prepared a business statement on the matter. [23041/04] case for the extension of the system on a nation- Minister for Justice, Equality and Law Reform wide basis and this was submitted to me by the (Mr. McDowell): I have been informed by the Garda Commissioner for consideration. Garda authorities who are responsible for the Discussions are ongoing between officials of detailed allocation of resources, including person- my Department and Department of Finance on the most appropriate way to progress the project. nel, that there are currently 373 Garda personnel Until these discussions have concluded, it is not employed in administrative posts based on those possible to be definitive on an exact date when personnel who are in receipt of designated post the system will be expanded beyond the pilot and ex gratia allowance and as such are employed areas. Notwithstanding the decision to be taken on administrative duties. on replacing the Garda radio system, and in In 2001, the Government approved the civ- recognition that the current system must be main- ilianisation of 496 administrative throughout tained, significant expenditure has been invested posts throughout the Garda Sı´ocha´na. These in the existing system. Some \1 million was included administrative posts in headquarters, expended in capital equipment at the end of 2003 branches and in the various offices located in div- with further expenditure taking place this year. isions and districts. The figure also includes posts This does not take away from the requirement for in some sections of the Technical Bureau, trans- an enhanced Garda radio system, but it demon- port details and telecommunications that are suit- strates my commitment to maintain the existing able for civilianisation. system in operational use until it can be replaced. My Department is currently reviewing these figures in conjunction with the Department of Garda Deployment. Finance and Garda management. 200. Mr. Gregory asked the Minister for 197. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of Justice, Equality and Law Reform the number of gardaı´ assigned to Fitzgibbon Street Garda Garda hours which are spent on an annual basis Station in Dublin 1; the number of community in inputting incident reports and other data into gardaı´ at same; the number of community gardaı´ 837 Written 30 September 2004. Answers 838 assigned to patrol the Ballybough and Clonliffe Minister for Justice, Equality and Law Reform areas of Dublin 3; if there are regular Garda foot (Mr. McDowell): I have no plans to build a new and mobile patrols covering the Ballybough and prison on the site of the Central Mental Hospital Clonliffe areas; if there have been arrests follow- in Dundrum. ing the spate of house break-ins in the Tolka Road and Clonliffe area in the week ending 25 Asylum Applications. September 2004; the action the gardaı´ are taking 202. Mr. Durkan asked the Minister for Justice, to counter this stage in house break-ins; and if he Equality and Law Reform when applications for will make a statement on the matter. [23051/04] asylum will be determined in the case of a person Minister for Justice, Equality and Law Reform (details supplied) in County Westmeath who has (Mr. McDowell): I have been informed by the been living here since 2002; and if he will make a Garda authorities who are responsible for the statement on the matter. [23100/04] detailed allocation of resources, including person- Minister for Justice, Equality and Law Reform nel, that the current personnel strength of Fitzgib- (Mr. McDowell): As the Deputy will be aware, bon Street Garda station, all ranks, as at the 29 under the Refugee Act 1996, two independent September 2004 is 119. statutory offices were established to consider The situation will be kept under review and applications-appeals for refugee status and to when additional personnel next becomes avail- make recommendations to the Minister for able the needs of Fitzgibbon Street Garda Station Justice, Equality and Law Reform on whether will be fully considered within the overall context such status should be granted. These two offices of the needs of Garda stations throughout the are the Office of the Refugee Applications Com- country. There are currently two sergeants and 13 missioner, which considers applications for a dec- gardaı´ assigned to community policing in Fitzgib- laration as a refugee at first instance, and the bon Street with three vacancies to be filled in the Refugee Appeals Tribunal which considers appli- ´ near future. Two community gardaı are assigned cations for a declaration at appeal stage. A final to the Ballybough and Clonliffe areas and this decision will be made in this case upon receipt of area is covered regularly on mobile and foot the recommendation of the Refugee Appli- ´ patrols by plain clothes and uniformed gardaı.In cations Commissioner. addition, divisional mobile units also pay regular attention to the area concerned. No arrests have Liquor Licensing Laws. been made in respect of any burglaries committed in the areas mentioned in the week ending 25 203. Ms Shortall asked the Minister for Justice, September 2004. This issue was discussed, inter Equality and Law Reform if he will report on the alia, with approximately 200 residents of the area, enforcement of the Intoxicating Liquor Act 2000, at a meeting held by local Garda management on in respect of underage drinking; the number of 28 September at the Tivoli Centre. At that meet- prosecutions in this regard; the outcomes in this ing local Garda management assured the resi- regard; and the breakdown of these figures for dents that Garda resources and higher Garda visi- each Garda division and for each year since the bility would be directed to the areas concerned. inception of the Act. [23113/04] A further meeting has been arranged for two Minister for Justice, Equality and Law Reform weeks time. (Mr. McDowell): I have made inquiries with the Garda authorities and figures covering the period Prison Building Programme. July 2000 to 31 August 2004 are as outlined in the 201. Ms O. Mitchell asked the Minister for table. I am arranging for the figures to be set out Justice, Equality and Law Reform if it is his by year and will forward these to the Deputy intention to build, as reported in the media, a new when they are available. In so far as the figures prison on the site of the Central Mental reflect statistics for 2003 and 2004 they are pro- Hospital. [23069/04] visional.

July 2000 to 31st August 2004.

Regions and Divisions Prosecutions Convictions Pending Dismissed, Closure Closure struck out orders Orders Under Appeal

Eastern Region 74 44 16 14 36 8 Carlow/Kildare 25 107864 Laois/Offaly 24 19 4 1 18 4 Longford/Westmeath 1374250 Louth/Meath 1281370 Dublin Metropolitan Region 70 18 35 17 14 3 Eastern 951333 839 Written 30 September 2004. Answers 840

Regions and Divisions Prosecutions Convictions Pending Dismissed, Closure Closure struck out orders Orders Under Appeal

North Central 1228210 Northern 1235420 South Central 402200 Southern 25 7 15370 Western 814310 Northern Region 97 33 41 23 22 12 Cavan/ Monaghan 55 15 27 13 8 4 Donegal 31 9 13965 Sligo/Leitrim 1191183 South Eastern Region 126 59 50 17 41 3 Tipperary 42 18 20 4 13 2 Waterford/ Kilkenny 51 27 15 9 16 0 Wexford/ Wicklow 33 14 15 4 12 1 Southern Region 176 99 55 22 74 7 Cork City 57 23 29 5 21 3 Cork North 1684461 Cork West 32 23 4 5 16 1 Kerry 39 25 8 6 23 1 Limerick 32 20 10281 Western Region 229 148 39 42 113 13 Clare 1576271 Galway West 39 18 12 9 15 4 Mayo 133 88 18 27 60 6 Roscommon/ Galway East 42 35 3 4 31 2

State Total 772 401 236 135 300 46

Asylum Applications. Justice, Equality and Law Reform the status of the code of conduct for publicans in the imple- 204. Aengus O´ Snodaigh asked the Minister for mentation of the Equal Status Act 2000; the way Justice, Equality and Law Reform if the pro- in which the Government will enforce such a code cessing of Iraqi asylum applications and appeals of conduct; and the penalty for publicans who is still suspended; and if so, the grounds on which violate the code (details supplied). [23116/04] this is so. [23114/04] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): Under the Equal Status Act (Mr. McDowell): The Office of the Refugee 2000 the Equality Authority has power to prepare Applications Commissioner and the Refugee codes of practice. However, there is no such Appeals Tribunal recommenced the processing of power in relation to licensed premises. asylum applications from Iraqi nationals at first instance and appeals respectively in March 2004. There is no basis in licensing law for the adop- tion of codes of conduct, and there are no such 205. Aengus O´ Snodaigh asked the Minister for codes. There are, however, substantive and exten- Justice, Equality and Law Reform if the Govern- sive statutory provisions relating to drunkenness, ment operates a policy of detaining all refugee disorderly conduct and under-age consumption of claimants of a particular nationality at port of alcohol in the licensing acts. Cases of alleged dis- entry; if so, the nationality or nationalities to crimination in relation to licensed premises can which this policy applied; and the number of refu- be taken in the District Court under the Intoxi- gee claimants who are detained as a result of such cating Liquor Act 2003. a policy. [23115/04] Departmental Estimates. Minister for Justice, Equality and Law Reform 207. Aengus O´ Snodaigh asked the Minister for (Mr. McDowell): No such policy is operated by Justice, Equality and Law Reform the steps he or on behalf of the Government. has taken or will take in Budget 2005 to address the funding shortfall situation facing the Legal Liquor Licensing Laws. Aid Board as a consequence of inadequate allo- 206. Aengus O´ Snodaigh asked the Minister for cations in budget 2004. [23117/04] 841 Written 30 September 2004. Answers 842

Minister for Justice, Equality and Law Reform national development plan to enable them to pur- (Mr. McDowell): I can inform the Deputy that as sue their strategic plan for 2004-08. [23120/04] the Estimates process has not been finalised to date, it is not possible at this stage to indicate the Minister for Justice, Equality and Law Reform level of funding which will be allocated to the (Mr. McDowell): The Women’s Human Rights Legal Aid Board for 2005. project is one of 70 projects which is being funded I can, however, inform the Deputy that the under the equality for women measure of the level of resources provided to the Legal Aid National Development Plan 2000-2006. These Board has increased significantly in recent years. projects are being funded on a once off basis with For example, in 1997 the grant-in-aid available to the intention of generally mainstreaming the the board was \10.656 million. The figure for learning into various policy arenas on their con- 2004 represents an increase of almost 73% during clusion. It is not intended to provide core funding this period. to any of the projects on an ongoing basis. The human rights of all people are fundamen- Juvenile Offenders. tal to the development of our society and that there is only one human rights community which 208. Aengus O´ Snodaigh asked the Minister for is, and should be, our entire society. I also believe Justice, Equality and Law Reform his views on that women’s human rights are indivisible from the position of the Juvenile Justice Alliance that those of men and children and that the promotion his plans to impose fines of up to \400 on children and vindication of human rights is everyone’s and young persons charged with minor offences responsibility and not solely the business of any and to send fixed penalty notices directly to the specialist organisation. children’s parents contradict the principles and The Government has been to the forefront in provisions of the Children Act 2001; and if he will introducing legislation and policies to protect make a statement on the matter. [23118/04] human rights in this jurisdiction. The Human Minister for Justice, Equality and Law Reform Rights Commission, established to give effect to (Mr. McDowell): I have no plans at present to a commitment in the Good Friday Agreement, introduce fines of up to \400 on children charged benefits all sectors of Irish society, including with minor offences or to send fixed penalty women. The Human Rights Commission Act notices directly to the children’s parents. The law 2001 provides that at least seven of the 15 human on the imposition of fines on child offenders by a rights commissioners must be women. The Euro- court is set out at sections 108 to 110 of the Chil- pean Convention on Human Rights Act 2003 dren Act 2001. These provisions, with the excep- further complements and underpins the protec- tion of subsection (1)(b)(iii) of section 110, came tion of human rights in this jurisdiction. into operation on 1 May 2002 and I have no plans In the wider equality context, rights based to change them. legislation in the form of the Employment Equality Act 1998, the Equal Status Act 2000 and Security Summit. more recently the Equality Act 2004 was intro- ´ duced and supported by an equality infrastruc- 209. Aengus O Snodaigh asked the Minister ture to defend the rights of the groups named in for Justice, Equality and Law Reform if the the equality legislation. Government sent representatives to the Home- Ireland is also a signatory to a number of land and Global Security Summit 2004 in Wash- important international instruments for promot- ington DC; if so, the title and brief of each person ing women’s rights. These include the UN Con- attending; if meetings taking place during the vention on the Elimination of All Forms of Dis- course of this conference had direct or indirect crimination Against Women, CEDAW, including implications for Government policy or spending; the optional protocol to that convention and the if so, the details of same. [23119/04] UN Beijing Platform for Action. Ireland reports Minister for Justice, Equality and Law Reform periodically to the United Nations on the imple- (Mr. McDowell): No representatives were sent to mentation of these instruments, the most recent the 2004 Homeland and Global Security Summit. being Ireland’s report to the United Nations on the national plan for women 2002 on the imple- Human Rights Issues. mentation of the Beijing Platform for Action and ´ Ireland’s combined fourth and fifth reports 210. Aengus O Snodaigh asked the Minister for under CEDAW. Justice, Equality and Law Reform his views on whether the promotion of women’s human rights Equality Legislation. here is a fundamental necessity for the progress- ive development of this nation; his further views 211. Aengus O´ Snodaigh asked the Minister for on whether such a task requires an independent Justice, Equality and Law Reform when he women’s human rights organisation; and if he will intends to publish the research commissioned by consider reinstating core funding for the his Department into the proposal to extend the Women’s Human Rights Project, now the discriminatory grounds pertaining to the Employ- Women’s Human Rights Alliance, in budget 2005 ment Equality Act 1998 and Equal Status Act under the equality for women measure of the 2000. [23121/04] 843 Written 30 September 2004. Answers 844

Minister for Justice, Equality and Law Reform professional staff as facilitators for family con- (Mr. McDowell): The report commissioned by ferences to be convened and managed in accord- my Department from UCC Law Department and ance with the requirements of the Act as well as entitled Extending the scope of Employment providing day seminars for all probation and wel- Equality Legislation: Comparative Perspectives fare officers. The service will provide ongoing on the Prohibited Grounds of Discrimination was training through its staff development unit as published on 3 September 2004. The report is required. available from the Government Publications The family conferencing provisions of the Act Office and my Department’s website, www.jus- were placed on a statutory basis on 29 July. The tice.ie. I have also arranged for copies to be family conference is convened by the Probation placed in the Oireachtas Library. and Welfare Service and the convening of the conference is directed by the court where it con- Legislative Programme. siders that the preparation of an action plan 212. Aengus O´ Snodaigh asked the Minister for would be desirable in an individual case. Other Justice, Equality and Law Reform the status of provisions of the act relevant to the Probation implementation of the Children Act 2001; and the and Welfare Service will be introduced on a provisions pending and the time frame by which phased basis as resources allow and the timing of he plans to complete the implementation of each implementation will be contingent on the amount of these provisions. [23122/04] of resources secured for this process through the estimates allocations for 2005. Minister for Justice, Equality and Law Reform Under the Children Act, I, as Minister for (Mr. McDowell): The Children Act 2001 is a very Justice, Equality and Law Reform will be obliged complex and comprehensive piece of legislation to provide separate detention facilities for 16 and and, for those reasons, provisions under the Act 17 year old males and females who are committed are being implemented on a phased basis, as was to custody by the courts either on remand or envisaged at the time of enactment. under sentence. The provision of appropriate cus- Responsibility for implementing the Children todial facilities is a priority for the Irish Prison Act 2001 lies with three Departments, namely, Service. The primary objective of these detention the Departments of Justice, Equality and Law centres will be to provide a secure but supportive Reform and Education and Science in respect of environment in which young offenders can juvenile offending, and Health and Children in develop the personal and social skills necessary respect of children who are non-offending but out to avoid future offending. of control. The national children’s office is co- In line with this, a new facility for male juven- ordinating the cross-departmental aspects of the iles in this age group will open at St. Patrick’s implementation of the Act. Significant progress Institution in the near future. This unit, which was has been made to date. designed by a multi-disciplinary team, will include Three main areas of the Act for which I have a custom-designed facility for the delivery of edu- responsibility remain to be brought into oper- cation, recreation, medical and therapeutic ser- ation. These concern the age of criminal responsi- vices. The longer-term provision of a dedicated bility, community-based options, and the pro- facility on a green field site for 110 juveniles — vision of children detention centres for 16 and 17 90 male and 20 female — is now being pursued year old offenders. in consultation with the director general of the One of the primary aims of the Children Act is Irish Prison Service and the Office of Public to expand the options a court will have at its dis- Works. posal when deciding on how to deal with a young offender. The community-based options provided Human Rights Issues. for in the Act will allow effect to be given to the 213. Aengus O´ Snodaigh asked the Minister for principle that detention for young offenders will Justice, Equality and Law Reform if the Govern- be a last resort. Thus, the Act generally envisages ment has received a date for interview with the committals to custody of young offenders being UN CEDAW committee; and his views on the availed of only in situations where other alterna- recommendations of the Women’s Human Rights tive diversions and community-based options Alliance in its CEDAW shadow report of have been resorted to and have failed. 2004. [23123/04] The successful implementation of the com- munity based options in the Act will require a Minister for Justice, Equality and Law Reform very significant input from the Probation and (Mr. McDowell): Ireland’s combined fourth and Welfare Service. Notwithstanding the public ser- fifth reports under the Convention on the Elimin- vice recruitment embargo, I secured 30 additional ation of All Forms of Discrimination Against staff specifically for the Probation and Welfare Women is scheduled for presentation to the rel- Service to implement those provisions of the Act evant UN committee in the period 5 to 22 July relevant to the Service. The Probation and Wel- 2005. fare Service, as part of its planning for implemen- The CEDAW shadow report produced by the tation of the Children Act 2001, engaged trainers Women’s Human Rights Alliance was received from the Department of Child, Youth and Fam- by my Department on 23 April 2004 and is being ily, New Zealand for the intensive training of all considered. The shadow report will be included 845 Written 30 September 2004. Answers 846 in the documents which my Department will report on the findings of the independent eval- review as part of its preparations for the July 2005 uations of the community policing fora; the presentation to the UN Committee on the Elim- recommendations he has adopted in each case; ination of Discrimination Against Women. and if he has published or will publish the reports. [23126/04] Probation and Welfare Service. ´ Minister for Justice, Equality and Law Reform 214. Aengus O Snodaigh asked the Minister for (Mr. McDowell): I gather that the community Justice, Equality and Law Reform the steps he policing fora to which the Deputy refers is the plans to take in response to the findings of the community — policing forum project in the Comptroller and Auditor General’s report into Garda “A” district. As the Deputy is aware, the the Probation and Welfare Service; and if there community policing forum in Dublin’s “A” remain other barriers to the full implementation Garda district — Kevin St. — Kilmainham — was of the recommendations of the expert group that established by the commissioner in 2000 on a reviewed the service in 1998. [23124/04] pilot basis following upon extensive consultations Minister for Justice, Equality and Law Reform between the Garda and community interests. The (Mr. McDowell): As regards the future organis- purpose was to improve relations and communi- ation and structures of the Probation and Welfare cations between local communities and the Garda Service, I can inform the Deputy that I have set Sı´ocha´na. The forum was sub-divided into three up a small working group involving departmental fora encompassing the following areas: Bluebell, and Probation and Welfare officials to build on Inchicore and Islandbridge; Dolphin’s Barn, existing work including the expert group report Rialto and Kilmainham; and Christchurch, The and the value for money audit of the service men- Coombe, Portobello — The South West Inner tioned by the Deputy and to identify the type of City Network. service that may be required in the future, their It is my understanding that the independent relative priority, the resource implications and evaluations to which the Deputy refers is a review different methods of providing the services and of the operation of this forum conducted by the the research/evaluation available or required to “Crew Network” dated December 2001. One of determine the effectiveness of options. the main recommendations of that review was for The group has met three times so far and is due a state funded co-ordinator to assist in the work to meet again in early October. After that group of the forum. Co-ordinators are provided in cer- has completed its work and after appropriate con- tain cases for fora through funding under the sultation, I hope to be in a position to bring pro- national drug strategy. In a reply to Deputy posals to the Government. Costello’s question on 9 December 2003, I described in detail the operation of such fora, the Community Policing. mechanisms for funding and my plans for the future in this regard. In my reply to Deputy Mit- 215. Aengus O´ Snodaigh asked the Minister chell’s question on this topic on 9 December for Justice, Equality and Law Reform if his 2003, I outlined the reasons as to why it is not Department has completed its review of the possible or appropriate for the Garda Sı´ocha´na recommendations on community policing made to fund the requested co-ordinator. by the Garda SMI implementation steering In May of this year, a delegation on behalf of group; if not, when this process will be completed; the Rialto community policing forum, led by if so, the action he has decided with respect to Deputy Ardagh and including the Deputy met implementation of the recommendations; if he with me to discuss provision of funding for the has published or will publish the recommend- forum. I indicated at the meeting that I am sym- ations; and if not, the reason therefore. pathetic towards the case and very supportive of [23125/04] the good work of the forum. At my invitation, the Minister for Justice, Equality and Law Reform forum subsequently submitted a written proposal (Mr. McDowell): The Garda SMI implemen- in this regard. Having considered the matter tation steering group looked in detail at a range further in conjunction with the commissioner, I of areas within an Garda Sı´ocha´na, including still agree that such funding is not appropriate for community policing and its report, which I have the Garda Vote. However, I have recently written ´ ´ to my colleague, the Minister for Community, laid before Dail Eireann and which is available ´ on my Department’s website, puts forward Rural and Gaeltacht Affairs, Deputy O Cuı´v, to recommendations for broad based reform of the consider the matter both in the particular situa- structure, management and service delivery of the tion of the “A” district but also in the wider con- organisation. I am having the report examined in text of co-operation between gardaı´ and local my Department and will give careful consider- authorities at community level. I have also writ- ation to all of the steering group’s recommend- ten to the Lord Mayor of Dublin, Councillor ations. I intend to bring appropriate proposals to Michael Conaghan, requesting him to consider Government in the near future. how Dublin City Council might assist in this matter. 216. Aengus O´ Snodaigh asked the Minister for The growth of community policing fora in gen- Justice, Equality and Law Reform if he will eral needs to be delivered in the context of the 847 Written 30 September 2004. Answers 848

[Mr. McDowell.] Visa Applications. development of an appropriate policy framework 219. Aengus O´ Snodaigh asked the Minister for for what are relatively new partnership structures Justice, Equality and Law Reform the reason the involving the Garda, local authorities and local Government has adopted the policy of preventing communities. Such a framework will ensure that spouses here on family reunification visas from such fora can be appropriately developed in a working; and his views on whether this policy is consistent and properly planned manner rather unfair and should be reversed. [23129/04] than the ad hoc way in which they have tended to emerge in a number of different contexts to date. Minister for Justice, Equality and Law Reform Work is well under way in regard to the (Mr. McDowell): I presume the Deputy is refer- development of such a policy framework which ring to the provisions of section 18 of the Refugee will facilitate progress in this area. The Garda Act 1996, which provides a transparent statutory Sı´ocha´na Bill 2004 represents the most significant framework for family reunification for refugees. legislative reform of Garda structures since the Under the aforementioned section, a refugee foundation of the State. Included in its draft pro- may apply for family members to join him or her visions are mechanisms for enhanced co-oper- in the State. If the application is approved family ation between the Garda and local authorities reunification visas are issued to the family through the establishment, on a statutory basis, members in question. Such family members are of policing committees. It is intended that such entitled, on arrival in the State, to work without committees will act as fora where matters relating obtaining work permits. to all aspects of policing can be discussed and where strategies and recommendations for deal- Garda Deployment. ing with issues arising locally can be decided. It is 220. Ms Shortall asked the Minister for Justice, intended that these policing committees will Equality and Law Reform the number of gardaı´ facilitate the establishment of local policing fora who are currently engaged solely in the collection to address specific issues in local areas. of fines per Garda district. [23139/04] Deportation Orders. Minister for Justice, Equality and Law Reform 217. Aengus O´ Snodaigh asked the Minister for (Mr. McDowell): I have been informed by the Justice, Equality and Law Reform if he will Garda authorities who are responsible for the report on the advice he has received from the detailed allocation of resources, including person- Attorney General regarding constitutionality and nel, that the number of Garda personnel cur- consistency with international and EU law of his rently engaged solely in the collection of fines per policy of effectively expelling Irish citizens by the Garda district is as set out as follows: deportation of their non-national parents, specifi- cally in view of the European Court of Justice’s District Number opinion in a case (details supplied) regarding the rights of the child citizen. [23127/04] Monaghan 1 Sligo 1 Minister for Justice, Equality and Law Reform (Mr. McDowell): No decision has yet been made Letterkenny 1 by the European Court of Justice on the Chen Naas 1 case, notwithstanding the Advocate General’s Mullingar 1 opinion. That opinion does not have legal effect. Portlaoise 1 It is only the decision of the European Court of Justice that has legal effect. The Attorney Gen- Anglesea Street 6 eral and I have discussed the Advocate General’s Togher 3 opinion and will assess the legal implications of Mayfield 4 the ECJ’s decision when it gives its decision. Gurranabraher 1 Bandon 1 Garda Operations. Henry Street 2 ´ 218. Aengus O Snodaigh asked the Minister for Salthill 1 Justice, Equality and Law Reform if he will report on the full and final cost to the State of Galway 3 the Garda security operations in relation to the Ennis 1 June 2004 US presidential visit during the US-EU Santry 3 Summit. [23128/04] Raheny 1 Minister for Justice, Equality and Law Reform Coolock 2 (Mr. McDowell): I am informed by the Garda Kevin Street 3 authorities that it is not yet possible to provide a Pearse Street 1 full and final cost of the Garda policing arrange- ments relating to the US presidential visit in June Donnybrook 2 2004, as a number of claims and suppliers’ Crumlin 2 invoices remain outstanding. Tallaght 3 849 Written 30 September 2004. Answers 850

District Number Regions and Divisions Number of Prosecutions Terenure 2 Western Region 22 Dunlaoghaire 1 Clare 4 Blackrock 2 Galway West 5 Store Street 1 Mayo 9 Fitzgibbon Street 2 Roscommon/Galway East 4 Garda Fixed Penalty Officer 8 State Total 86 Liquor Licensing Laws. 221. Ms Shortall asked the Minister for Justice, Equality and Law Reform the number of persons National Identity Card. prosecuted under the Intoxicating Liquor Acts 222. Ms Shortall asked the Minister for Justice, for the offence of purchasing alcohol for minors; Equality and Law Reform his views and inten- and the breakdown of this figure per Garda dis- tions in respect of introducing mandatory identity trict. [23140/04] cards. [23141/04] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I have made inquiries with the (Mr. McDowell): I have no plans at present to Garda authorities and the figures requested by introduce a mandatory identity card system. My the Deputy are as outlined in the table below. It Department is, however, keeping the matter should be noted that the figures are provisional under review. and are, therefore, subject to change. Prosecution under Intoxicating Liquor Act for Garda Deployment. the Offence of purchase of intoxicating liquor for delivery to persons under 18 years. 223. Ms Shortall asked the Minister for Justice, Equality and Law Reform further to his announcement in September 2004 that hundreds Number of Prosecutions 2003 of additional gardaı´ will be deployed on traffic duties, the number he proposes to so redeploy; Regions and Divisions Number of and the units from which these gardaı´ will be Prosecutions drawn. [23142/04] Minister for Justice, Equality and Law Reform Eastern Region 14 (Mr. McDowell): I am informed by the Garda Carlow/Kildare 4 authorities which are responsible for the detailed Laois/Offaly 4 allocation of resources, including personnel, that Longford/Westmeath 2 the personnel strength of the Garda Sı´ocha´na, all Louth/Meath 4 ranks, as at 16 September 2004 was approxi- mately 12,150. In April 2002, the Government Dublin Metropolitan Region 14 agreed to increase the approved strength of the Eastern 3 force by 200 to 12,200. Recruitment was carried North Central 2 out during 2003 with a view to bringing the Northern 1 strength of the force to 12,200 by 31 December South Central 2 2004. I am confident, as is the Garda Com- missioner, that this figure will be achieved. Southern 6 The programme for Government stated that Western 0 the Government would complete the previous Northern Region 7 programme of expansion of the Garda Sı´ocha´na, Cavan/Monaghan 1 which aimed at a strength of 12,000, and then Donegal 6 increase the strength by a further 2,000. This com- mitment remains and I will be bringing proposals Sligo/Leitrim 0 to Government in the near future with a view to South Eastern Region 8 increasing recruitment towards achieving the tar- Tipperary 4 get of 14,000. Waterford/Kilkenny 2 The allocation of Garda resources generally Wexford/Wicklow 2 and for the enforcement of road traffic offences in particular is an operational matter for the Southern Region 21 Garda Commissioner. I am confident that any Cork City 15 additional resources provided to the Com- Cork North 4 missioner will be used to optimum effect and in a Cork West 0 focused way, as will the allocation of current Kerry 2 resources. The Government’s road safety strategy 2004-06 Limerick 0 which was launched last week forms the frame- 851 Written 30 September 2004. Answers 852

[Mr. McDowell.] pation in vocational training activity and achieve- work within which road safety policy will be ment of recognised qualifications. This database developed over the coming years. Many of the will allow for ongoing monitoring of prisoners’ targets and actions recommended in the strategy progress and efficient production of management are already at various stages of implementation information. Once operational, it will allow for or planning, including the private operation of the production of information of the nature speed cameras and the outsourcing of the collec- sought by the Deputy. tion of fixed charge fines. Under the Road Traffic In prisons, the main emphasis of the work Bill 2004, which the Minister for Transport has training programme is to provide employment- published, these initiatives will be fully training opportunities for prisoners while ensur- implemented and will facilitate the removal of ing a high quality of service delivery within the members of the Garda Sı´ocha´na from routine prison. The programme involves a range of train- administrative duties and the redeployment of ing and work experience in areas such as catering these resources for the purposes of front line pol- and laundry, metal work, printing, computers, icing and enforcement. Braille, woodwork, drawing, construction, cloth- ing manufacture, craft work, farming, horticul- Prison Education Service. ture, indexing, painting and decorating, upholstery, baking, and electronics. The range 224. Aengus O´ Snodaigh asked the Minister and quality of vocational training opportunities is for Justice, Equality and Law Reform the number under continuing review and is being enhanced of prisoners who participated in training courses with a view to the incorporation of more pro- during 2003 while incarcerated; the number of grammes leading to recognised qualifications. these who completed or failed to complete this Accreditation of vocational training in prisons is training; the number of those beginning training provided by a range of agencies, including in prison who continued it upon release; and the FETAC, FA´ S, Fa´ilte Ireland, City and Guilds of number of prisoners who obtained diplomas London, engineering inspection services, ECDL while incarcerated. [23152/04] and Dublin city libraries. Minister for Justice, Equality and Law Reform 225. Aengus O´ Snodaigh asked the Minister for (Mr. McDowell): I am informed by the director Justice, Equality and Law Reform the annual general of the Irish Prison Service that records of budget allocated for education and training in prisoner participation in vocational training pro- prisons in 2000, 2001, 2002 and 2003; and the grammes are not maintained in such a way as to Departments which provided these funds and the provide the information sought by the Deputy amounts provided. [23153/04] without the expenditure of significant staff time and involving considerable financial cost. Minister for Justice, Equality and Law Reform However, I am also informed that the Irish Prison (Mr. McDowell): The information sought in the Service is developing a service-wide computerised question is set out in the following table. All of vocational training programme database to the provisions involved are included in the Irish record, on a prisoner by prisoner basis, partici- Prison Service Vote.

Work Training (\) Manufacturing (\) Education (\)

2000 1,364,000 823,000 833,000 2001 1,938,000 712,000 1,079,000 2002 1,531,000 543,000 1,360,000 2003 3,585,000 1,044,000 1,077,000

The information provided is exclusive of staff sal- Minister for Justice, Equality and Law Reform ary costs. A total of approximately 200 staff in (Mr. McDowell): For many years, prisoners have prison service grades are engaged in the work been provided with access to testing for various training and manufacturing programme. The infectious diseases on a confidential basis. Testing salaries of the 215 whole-time equivalent may be requested by an individual prisoner or teachers allocated to the prisons are paid for may be recommended by health care staff on the from the Department of Education and Science basis of pre-existing risk behaviour or other clini- Vote. cal indication. Testing may either be undertaken within prison or as part of a clinical assessment in Prison Medical Service. external health locations. At present, it is not possible to identify the pre- ´ 226. Aengus O Snodaigh asked the Minister for cise number of prisoners who are facilitated with Justice, Equality and Law Reform the facilities testing for one or more of these conditions. It is which are provided for prisoners to receive test- hoped the introduction of a computerised health ing for HIV, hepatitis C, STIs and other infec- care record system will facilitate the collation of tious diseases; and the number of prisoners who data, on an anonymous basis, regarding the received testing in 2003. [23154/04] number of such tests. 853 Written 30 September 2004. Answers 854

227. Aengus O´ Snodaigh asked the Minister for Within the health care resources available, Justice, Equality and Law Reform the most com- steps are taken to provide prisoners with health mon diseases or illnesses affecting the prison care related information which would serve to population; and the health information or cam- assist them in following a healthier lifestyle. Any paigns which are provided for prisoners in information in written form provided as part of relation to these diseases or illnesses. [23155/04] public health awareness campaigns is generally made available to prisoners, either through health Minister for Justice, Equality and Law Reform care sources or in prison libraries. (Mr. McDowell): Research on prisoners health Prison Committals. status, which was commissioned by the Depart- ment of Justice, Equality, and Law Reform and 228. Aengus O´ Snodaigh asked the Minister for carried out by the department of health pro- Justice, Equality and Law Reform the number of motion at NUI Galway, was published in 2000. prisoners currently in detention; the number of Entitled General Healthcare Study of the Irish these prisoners by gender; and the number of Prisoner Population, the study indicated that pris- these prisoners that are foreign nationals. oners reported overall poorer levels of health [23156/04] compared to the general population. In particu- Minister for Justice, Equality and Law Reform lar, indicators of mental health were significantly (Mr. McDowell): As of yesterday, 29 September worse among prisoners and prisoners showed 2004, the number of prisoners in custody, includ- higher levels of drug and alcohol abuse relative ing both sentenced and remand prisoners, was to the general population. as follows:

Irish Non-National Total

Male 2,795 274 3,069 Female 87 14 101

Total 2,882 288 3,170

I am unclear as to the precise significance of Prison Education Service. the Deputy’s reference to my bringing forward 229. Aengus O´ Snodaigh asked the Minister for new legislation in this area specifically in relation Justice, Equality and Law Reform if he intends to to adult prisoners but I assure him that the bring forward legislation regarding the education development of education and vocational training and training of adult prisoners; and if he will services in our prisons is not being impeded by make a statement on the matter. [23157/04] the absence of any specific statutory provision. Minister for Justice, Equality and Law Reform Visa Applications. (Mr. McDowell): As part of the Irish Prison Ser- ´ vice’s commitment to encouraging prisoners in 230. Aengus O Snodaigh asked the Minister for their efforts to live law abiding and purposeful Justice, Equality and Law Reform the status of lives after release, the service continues to place the visa application by a person (details supplied) strong emphasis on the provision of education in County Meath made on behalf of the person’s and vocational training for prisoners during their spouse in February 2004; and when this person time in prison. The range of these services avail- can expect a determination in this case. able across the different prisons and places of [23158/04] detention is substantial and varied and is pro- Minister for Justice, Equality and Law Reform vided by a multiplicity of statutory, community (Mr. McDowell): The visa application in question and voluntary agencies and groups working in was approved on 2 September 2004. partnership with the Irish Prison Service. The existing statutory instruments establishing Traveller Community. St. Patrick’s Institution and the different places ´ of detention specify a requirement that the 231. Aengus O Snodaigh asked the Minister for inmates in these institutions shall be given, in so Justice, Equality and Law Reform his views on far as the period of their detention permits, train- the proposal to establish a reconciliation council ing and treatment intended to encourage and to address long-standing and ongoing tensions assist them to lead law abiding and self-support- between the settled and Traveller communi- ing lives. These provisions will be amplified by ties. [23159/04] new provisions on education and vocational train- Minister for Justice, Equality and Law Reform ing which will be included in the proposed new (Mr. McDowell): The proposal referred to by the prison rules currently at an advanced state of Deputy is receiving consideration within the drafting, with a view to replacing the Rules for Department. the Government of Prisons 1947. 855 Written 30 September 2004. Answers 856

Legal Aid Service. such applicants are not placed on a waiting list. ´ Such a system for priority treatment is necessary 232. Aengus O Snodaigh asked the Minister for to ensure that persons subjected to domestic viol- Justice, Equality and Law Reform if he will ence and cases involving the care of children are report on his action plan to reduce the waiting provided with a speedy service. It is important to times to see a legal aid solicitor; and the steps he note that in 2003, priority appointments offered has taken or will take to ensure that the Legal by law centres were approximately 22% of the Aid Board does not find itself in breach of Article total number of appointments offered to new 6.1 of the European Convention on Human clients during the year. Rights as a result of the failure of his Department In addition, managing solicitors at law centres to allocate adequate funding for this service. have authority to give priority to any case on the [23160/04] waiting list at their centre. For example, if an applicant is gravely ill or in cases where an appli- Minister for Justice, Equality and Law Reform cant is in danger of losing assets or of losing title (Mr. McDowell): I can inform the Deputy that to a legal remedy if services are delayed, the man- the level of resources provided to the Legal Aid aging solicitor can accord such cases priority Board has increased significantly in recent years. status. For example, in 1997 the grant-in-aid available to 233. Aengus O´ Snodaigh asked the Minister for the board was \10.656 million. The figure for Justice, Equality and Law Reform the number of 2004 represents an increase of almost 73% during persons on legal aid waiting lists at each of the 30 this period and I would expect that the funding law centres; the number of clients waiting in each for the board will be further increased in 2005. category; and the waiting time for each law cen- I can assure the Deputy that the Legal Aid tre. [23161/04] Board continuously monitors the operation of its law centre network and where waiting times at a Minister for Justice, Equality and Law Reform law centre, for whatever reason, become excess- (Mr. McDowell): I can inform the Deputy that ive, the position is examined by the board with a the Legal Aid Board does not routinely compile view to taking remedial action. statistics under the heading “number of clients I can also inform the Deputy that the board waiting by category”. However, it does record the operates a procedure whereby priority is length of time the person longest on the waiting accorded for certain categories of cases, for list has waited. The following table includes the example, domestic violence, child care, child length of time the person longest on the waiting abduction and other cases where there are time list has waited for legal services as of 31 August limits. These cases are dealt with immediately and 2004 by law centre.

Law centre Number of persons on waiting list Maximum current waiting time as at as at 31/08/2004 31/08/2004 in months

Athlone 29 3.75 Castlebar 90 4.25 Cavan 26 3.75 Cork — Popes Quay 140 6.00 Cork — South Mall 330 14.00 Dublin — Blanchardstown 121 12.00 Dublin — Clondalkin 99 4.25 Dublin — Finglas 123 13.50 Dublin — Gardiner St. 113 7.00 Dublin — Brunswick St. 47 4.25 Dublin — Ormond Quay 88 3.50 Dublin — Tallaght 134 5.00 Dundalk 37 7.75 Ennis 90 9.00 Galway 209 5.75 Kilkenny 98 7.50 Letterkenny 113 6.25 Limerick 31 4.00 Longford 0 0.00 Monaghan 22 3.50 Navan 106 13.25 Nenagh 35 7.25 Newbridge 243 16.00 Portlaoise 118 16.00 857 Written 30 September 2004. Answers 858

Law centre Number of persons on waiting list Maximum current waiting time as at as at 31/08/2004 31/08/2004 in months

Sligo 14 2.00 Tralee 63 6.25 Tullamore 40 1.75 Waterford 94 4.25 Wexford 93 6.00 Wicklow 86 10.75

Total 2,832

Sentencing Policy. outside the jurisdiction. The person concerned is currently resident in Israel. 234. Aengus O´ Snodaigh asked the Minister for Section 24 of the Refugee Act 1996, which Justice, Equality and Law Reform, further to deals with programme refugees, provides, inter Question No. 35 of 5 May 2004, the international alia, for the admission to the State of a person to evidence to which he or his Department officials whom leave to enter and remain for protection have had their attention drawn and which shows or resettlement, as part of a group of persons, has that mandatory sentencing has effectively been given by the Government and whose name reduced gun crime or organised crime including is entered in a register established and main- drug dealing in other jurisdictions. [23162/04] tained by the Minister for Foreign Affairs. Such Minister for Justice, Equality and Law Reform persons are usually admitted as part of Ireland’s (Mr. McDowell): As I said in my reply of 5 May annual programme refugee quota of up to ten 2004 to the Deputy, I have asked for an examin- cases, categorised as vulnerable persons, which ation of the range of penalties that should be are selected based on a submission from the applicable to firearms offences. I am sure that the Office of the United Nations High Commissioner Deputy and the House will agree that there needs for Refugees following an objective analysis of to be stringent penalties for firearms related the status of the persons concerned by the offences and I do not, at this stage, rule out the UNHCR and the need for resettlement as a dur- possibility that, where appropriate, mandatory able solution. penalties should be available to the courts for I refer the Deputy to the reply of the Minister such offences. for Foreign Affairs to Question No. 326 on 29 In the course of the development of any such September 2004, in which he indicated that the proposals, my Department will examine research Government will continue to monitor the posi- and reports on similar measures in other juris- tion of the person referred to in the Deputy’s dictions such as the United Kingdom, Australia, question. Canada and the United States of America to inform its decisions. National Action Plan Against Racism. 236. Aengus O´ Snodaigh asked the Minister for Asylum Applications. Justice, Equality and Law Reform the status of 235. Aengus O´ Snodaigh asked the Minister for the national action plan against racism. Justice, Equality and Law Reform if the Govern- [23164/04] ment will consider offering asylum to a person Minister for Justice, Equality and Law Reform (details supplied) in view of their ongoing pros- (Mr. McDowell): The national action plan is at ecution by the Israeli Government since their an advanced stage of preparation in my Depart- release from prison after serving an 18 year sen- ment for submission to Government for approval tence. [23163/04] to publish. Minister for Justice, Equality and Law Reform (Mr. McDowell): Any application of this nature Proposed Legislation. would have to be dealt with within the present 237. Aengus O´ Snodaigh asked the Minister for statutory framework governing asylum seekers Justice, Equality and Law Reform the status of and refugees, namely, the Refugee Act 1996 the review of the hate crime legislation; if new which, inter alia, is the legislative mechanism legislation is planned; and if so, when it will be through which the State meets its obligations published. [23165/04] under the 1951 Geneva Convention relating to the status of refugees. Minister for Justice, Equality and Law Reform Section 8(1) of the 1996 Act imposes an obli- (Mr. McDowell): The announcement of a review gation on the State to accept applications for a of the incitement to hatred legislation was made declaration of refugee status from persons who by my predecessor as Minister for Justice, arrive at the frontiers of the State or persons who Equality and Law Reform at a time when few if are at any time in the State. No provision is made any successful prosecutions had been taken under for the acceptance of applications from persons the Prohibition of Incitement to Hatred Act 1989. 859 Written 30 September 2004. Answers 860

[Mr. McDowell.] assess their implications in the context of the One of the aims of the review was to ascertain review. whether problems with the Act itself were con- Asylum Applications. tributing to this lack of prosecutions and, if so, ´ whether any reasonable changes to it could rem- 238. Aengus O Snodaigh asked the Minister for Justice, Equality and Law Reform the number of edy that situation. Since the review was Togolese asylum seekers and convention refugees announced, a number of successful prosecutions in the State; the percentage of positive first have been taken under the 1989 Act and, where instance decisions on Togolese refugee claims appropriate, under public order legislation or ´ each year since 2000; the percentage of negative Coras Iompair Eireann by-laws. These trends are decisions in Togolese asylum cases that pro- being monitored as part of the ongoing review ceeded to appeal each year since 2000; the per- and if maintained could have a significant influ- centage of negative decisions in Togolese refugee ence on the outcome of the review and any sub- claims overturned on appeal each year since 2000; sequent proposals for legislation. the Government’s policy with respect to Two international instruments, the Protocol to returning failed asylum seekers to Togo; and the the Council of Europe Convention on Cyb- country specific factors he takes into account ercrime dealing with criminalising acts of a racist when reviewing Togolese humanitarian and com- or xenophobic nature committed through com- passionate applications. [23166/04] puter networks and a European Commission pro- Minister for Justice, Equality and Law Reform posal for a Council framework decision on com- (Mr. McDowell): The numbers of asylum appli- bating racism and xenophobia, which has not yet cations received from nationals of Togo over the been finalised, will also be considered to fully past four years to date are as follows:

2000 2001 2002 2003 2004 (31/8) Total

38 24 70 41 15 188

As at 31 August 2004 some 25 Togolese cases The percentages of positive first instance were pending recommendation/decision in the decisions on Togolese refugee claims each year Office of the Refugee Applications Com- since 2000 are as follows: missioner and 20 in the Refugee Appeals Tri- bunal. Fifty-eight Togolese asylum seekers have been granted refugee status since 2000.

2000 2001 2002 2003 2004 Total

15% 50% 52% 5% 3% 22%

Please note that the recommendations above period 103 appeals were received in the Refugee refer to the year in which the recommendation Appeals Tribunal, RAT, which indicates that in was made and not to the year the application was the region of 82% of negative decisions pro- lodged, and calculations are based on cases ceeded to appeal stage. processed. The percentages of first instance decisions in Over the period 2000 to 2004, 125 applications respect of nationals of Togo overturned or set were refused at first instance. During the same aside by RAT since 2000 are as follows:

2000 2001 2002 2003 2004 (31/8) Total

0% 50% 50% 28% 16% 26%

Manifestly unfounded and Dublin Convention Water and Sewerage Schemes. recommendations of the Office of the Refugee 239. Mr. Connaughton asked the Minister for Applications Commissioner, ORAC, set aside by the Environment, Heritage and Local Govern- the tribunal, are remitted to ORAC for further ment when the upgrade of the water supply to consideration. Loughrea town, County Galway, will take place; Deportation orders are executed in respect of if this project will include the provision of a water nationals of Togo and the usual legislative pro- pipeline to Kilrickle to supply the needs of over visions apply in respect of representations made 100 houses which have had no proper water sup- prior to such orders being made, namely, the pro- ply for over 25 years; and if he will make a state- visions dealing with refoulement contained in ment on the matter. [23035/04] section 5 of the Refugee Act 1996 and the detailed criteria contained in section 3(6) of the Minister for the Environment, Heritage and Immigration Act 1999. Local Government (Mr. Roche): The Loughrea 861 Written 30 September 2004. Answers 862 regional water supply scheme is included in my pare tender documents for this and a number of Department’s Water Services Investment Pro- other schemes in the county was submitted to my gramme 2004-2006 as a scheme to commence Department by Galway County Council last construction in 2006. month. The brief is under examination in the My Department approved Galway County Department and will be dealt with as quickly as Council’s proposal to update the preliminary possible. report for the scheme in April 2003 and my Department is awaiting the submission of the Local Authority Housing. updated report. I understand that the provision 242. Mr. McGuinness asked the Minister for of a water supply for Kilrickle is being considered the Environment, Heritage and Local Govern- by the council as part of the review process. ment if applications from Kilkenny County Coun- cil and Kilkenny Borough Council under the cen- Road Network. tral heating programme 2004 have been 240. Mr. Stagg asked the Minister for the approved; if so, the level of grant being made Environment, Heritage and Local Government, available; if the \12 million has been allocated; further to Question No. 388 of 6 April 2004, if and if so, the amount allocated to each local auth- additional funding will be made available to ority. [23053/04] Kildare County Council to carry out upgrading of Minister of State at the Department of the local roads in the Straffan area in addition to the Environment, Heritage and Local Government direct links between the M4 and the N7; and if he (Mr. N. Ahern): I refer to the reply to Questions will make a statement on the matter. [23037/04] Nos. 1208 and 1247 of 29 September 2004 which Minister for the Environment, Heritage and sets out the position in relation to approvals Local Government (Mr. Roche): Funding for issued to date, including amounts allocated to improvements to non-national roads in the Straf- Kilkenny County Council and Kilkenny Borough fan area in County Kildare will be considered in Council under my Department’s 2004 central the context of the overall 2005 allocations, which heating programme for local authority rented will be announced early next year. dwellings. Total allocations issued to date amount to \7.652 million. Water and Sewerage Schemes. Local Authority Staff. 241. Mr. McHugh asked the Minister for the Environment, Heritage and Local Government if 243. Ms O. Mitchell asked the Minister for the he will give approval for a project (details Environment, Heritage and Local Government supplied) in County Galway to proceed to con- the number of employees in each county and city struction stage. [23049/04] council for the month of June for 2002 to 2004 inclusive. [23070/04] Minister for the Environment, Heritage and Local Government (Mr. Roche): The Milltown Minister for the Environment, Heritage and sewerage scheme is included in my Department’s Local Government (Mr. Roche): Complete fig- Water Services Investment Programme 2004-2006 ures are not available for 2002. The number of as a scheme to commence construction in 2005. employees, expressed in whole time equivalents, My Department approved the preliminary report in each local authority on a county and city coun- for the scheme in January 2004. A brief for the cil basis, for June 2003 and June 2004, are as appointment of a clients’ representative to pre- follows:

June 2003 June 2004

County Council Carlow 330 327 Cavan 447.1 446.1 Clare 962.5 964.5 Cork 2,555.7 2,502.7 Donegal 1,155.5 1,130.5 Dun Laoghaire/ Rathdown 1,466 1,446 Fingal 1,612 1,574.5 Galway 999.93 1,028.98 Kerry 1,278.9 1,219.16 Kildare 953.83 1,030 Kilkenny 519 601 Laois 405.5 420 Leitrim 318.5 344.5 Limerick 832 791 863 Written 30 September 2004. Answers 864

June 2003 June 2004

Longford 311.1 346.1 Louth 724.31 690.67 Mayo 1,196.5 1,203.5 Meath 718.5 757.5 Monaghan 414.43 435.93 Offaly 474.5 483.4 Roscommon 585 562 Sligo 558.69 551.66 South Dublin 1,390 1,367.4 North Tipperary 474 535 South Tipperary 722 704.5 Waterford 589 594 Westmeath 578.5 562.5 Wexford 816.02 847 Wicklow 799.08 834.48

County Total 24,188.09 24,321.58

City Councils Cork 1,606 1,591 Dublin 6,772.5 6,759.2 Galway 494 480 Limerick 673 594 Waterford 405 433

City Total 9,950.5 9,857.8

Overall Total* 34,138.59 34,179.38 *Includes short term/seasonal workers.

Waste Management. tage and Local Government is precluded under both legal codes from exercising any direct con- 244. Mr. Durkan asked the Minister for the trol in relation to these processes. Environment, Heritage and Local Government his Department’s policy in respect of landfill sites; and if he will make a statement on the matter. Electronic Voting. [23077/04] 245. Mr. Durkan asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): Government the further expenditure he intends to undertake policy on waste management is set out in the in respect of electronic voting; the total moneys policy documents Changing our Ways 1998, expended to date in this regard; and if he will Preventing and Recycling Waste: Delivering make a statement on the matter. [23078/04] Change 2002 and Taking Stock and Moving For- Minister for the Environment, Heritage and ward 2004. The Government’s approach is based Local Government (Mr. Roche): The cost to date on the internationally recognised waste manage- of the electronic voting and counting project is ment hierarchy of prevention/minimisation, sig- some \51 million. It is not possible at this stage nificantly increased levels of recycling, energy to detail additional costs that may arise in relation recovery and, finally, utilising landfill as the last to the electronic system; in any event, such costs resort for residual waste that cannot otherwise are likely to be small relative to the capital invest- be recovered. ment already made. Local authorities have adopted waste manage- ment plans which, informed by the performance targets set out in these policy statements, call for Archaeological Sites. the provision of modern integrated waste man- 246. Mr. Durkan asked the Minister for the agement services and infrastructure. A decision Environment, Heritage and Local Government on the development of a landfill facility is a the number of national monuments or sites cur- matter for the relevant planning authority and for rently under archaeological investigation or in the the EPA in the context of applications for plan- course of excavation; and if he will make a state- ning permission and for a waste licence, respect- ment on the matter. [23079/04] ively. The Minister for the Environment, Heri- 865 Written 30 September 2004. Answers 866

Minister for the Environment, Heritage and that the demand for housing is met in a sus- Local Government (Mr. Roche): Under section tainable manner. I expect that further moderation 26 of the National Monuments Act 1930, as in the rate of house price increase will ensure that amended, my Department is responsible for the housing market continues to develop in a bal- licensing archaeological investigations and exca- anced way. vations. Since 1930 in excess of 11,000 licences have been issued. For the current year approxi- Archaeological Sites. mately 1,400 have issued to date. 249. Mr. Durkan asked the Minister for the The National Monuments (Amendment) Act Environment, Heritage and Local Government 2004 provides that any works of an archaeological the plans he has to avoid the repetition of pro- nature that are carried out in respect of an crastinated discussions, debate and legal action approved road development, must be carried out with serious financial consequences in the context in accordance with directions issued by the Mini- of road or other modern development works that ster for the Environment, Heritage and Local appear to impinge on historic sites or monu- Government. Under section 14A of the National ments; if he has given any instructions to the rel- Monuments Act 1930, as amended, two such evant authorities on the issue; and if he will make directions have been issued to date. a statement on the matter. [23082/04] Social and Affordable Housing. 250. Mr. Durkan asked the Minister for the 247. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the extent to which he proposes to take steps to the number of families accommodated to date prevent the destruction of national monuments, since the initiation of the affordable housing sites or buildings in the course of road or other initiative; and if he will make a statement on the building requirements, having due regard for the matter. [23080/04] economic need and the potential to re-route such developments away from sensitive areas; and if Minister of State at the Department of the he will make a statement on the matter. Environment, Heritage and Local Government [23083/04] (Mr. N. Ahern): The Sustaining Progress afford- able housing initiative is designed to meet the Minister for the Environment, Heritage and needs of persons currently priced out of the hous- Local Government (Mr. Roche): I propose to ing market. Affordable housing units will be take Questions Nos. 249 and 250 together. delivered by way of specific projects on State and Under the planning, roads and other consent local authority lands and through Part V of the systems, major development projects are subject Planning and Development Acts 2000 and 2002. to environmental impact assessment in accord- From the announcement of the Initiative to end ance with the requirement of EU Directive June 2004, a total of 163 affordable units have 85/377/EEC, as amended. This requires, inter alia, been provided through Part V. the preparation, by the proposer, of an environ- mental impact statement setting out details of the House Prices. project and the likely significant effects of the development on the environment, including the 248. Mr. Durkan asked the Minister for the cultural heritage. The EIA process allows for Environment, Heritage and Local Government if adverse effects to be identified at an early stage his attention has been drawn to the recent con- and necessary changes made by the proposer so cerns expressed in respect of over pricing in the that such effects can be avoided or minimised. housing market; if he proposes to take steps to The environmental impact statement must be address the issues raised; and if he will make a taken into account by the consent authority in statement on the matter. [23081/04] making its decision on the proposed project. Minister of State at the Department of the The National Monuments (Amendment) Act Environment, Heritage and Local Government 2004 which was enacted in July introduces, inter (Mr. N. Ahern): I am aware of recent concerns alia, new arrangements to simplify procedures expressed in relation to the housing market, under the National Monuments Acts as regards including comments by the IMF. These were approved road developments; and to cater for a among a range of views in recent commentaries situation where a national monument is newly on the prospects for the housing market. The discovered which may not have been anticipated recent financial stability report from the Central in the EIS. All development works must be car- Bank also examined the issue of house prices in ried out in accordance with the National Monu- Ireland and noted that an alternative approach ments Acts 1930 to 2004 which provide for the to valuation, which incorporates the demand for safeguarding of monuments and archaeological housing both in terms of the service it supplies, sites. My Department’s framework and principles and as an investment, does not provide evidence for the protection of the archaeological heritage of overvaluation. address the protection of the archaeological heri- The Government will continue to focus on tage in the context of development: while measures to maintain an adequate level of hous- development should attempt, where possible, to ing supply in keeping with demand and ensuring avoid impacts on the archaeological heritage and 867 Written 30 September 2004. Answers 868

[Mr. Roche.] satisfaction of the householder with the dwelling, through preservation in-situ, nonetheless preser- services and utilities, affordability and energy vation by record, through archaeological exca- efficiency. The survey results show that the vast vation and recording, may also be acceptable. majority of households surveyed are satisfied The Department is consulted on all development with the general condition of their accommo- applications affecting the archaeological heritage, dation, with their area and neighbourhood and which number some 9,000 per annum. This con- with running costs. A copy of the survey is avail- sultation process allows for inputs to ensure that able in the Oireachtas library. archaeological considerations are taken into There are a number of options currently avail- account as part of the approval process. able to assist lower income households to secure My Department is also actively engaged with necessary improvement works to their houses. the development sector to ensure that archaeol- These include the local authority house improve- ogical considerations are taken into account at ment loan scheme, the disabled persons and the earliest stage in project design. Codes of prac- essential repairs grant scheme, improvement tice for the protection of the archaeological heri- works in lieu of local authority housing and the tage are already in place with a number of task force on special housing aid for the elderly. development bodies including the National As regards local authority housing, my Depart- Roads Authority, Coillte, the ESB National Grid, ment financially assists local authorities in Bord Ga´is and the Irish Concrete Federation. A upgrading, renovating and redeveloping their Bill to consolidate the national monuments code housing stock through the remedial works and is currently in preparation and in this context con- the regeneration programmes. A provision of sideration will be given to what further changes \168 million is available in the current year to might be made to improve current systems and local authorities for the regeneration and redevel- procedures. All of these initiatives are aimed at opment of run down estates. improving the balance between conservation and development in an open and transparent way Local Authority Grants. whilst endeavouring to smooth the approvals pro- 252. Mr. Durkan asked the Minister for the cesses and I am satisfied that progress has been Environment, Heritage and Local Government made in this regard in recent years. Nevertheless, the number of persons on waiting lists in respect as the Deputy will appreciate, notwithstanding of the disabled persons grant scheme throughout the various checks and balances that are in place, the country; the action he proposes to take to situations will inevitably arise where some parties address this serious issue; and if he will make a may seek to have their grievances addressed by statement on the matter. [23085/04] way of legal action. Minister of State at the Department of the Housing Survey. Environment, Heritage and Local Government (Mr. N. Ahern): Provisional information avail- 251. Mr. Durkan asked the Minister for the able to my Department indicates that, at 30 June Environment, Heritage and Local Government 2004, local authorities had on hands 3,583 the extent to which he has examined areas of sub- approved applications for assistance under the standard housing throughout the country; if he disabled persons grant scheme. Unapproved has plans or proposals to address the issue; and if applications were estimated at 7,810. he will make a statement on the matter. To date, \71 million has been provided in 2004 [23084/04] for disabled persons-essential repairs grants, Minister of State at the Department of the bringing funding to a total of \287 million since Environment, Heritage and Local Government year 2000. (Mr. N. Ahern): My Department published the Irish National Survey of Housing Quality 2001- Question No. 253 answered with Question 2002 on 11 December, 2003. The survey provides No. 58. an assessment of the current condition of the national housing stock based on a survey of a rep- Building Regulations. resentative sample of 40,000 householders and 254. Mr. Boyle asked the Minister for the assesses progress since the last survey was under- Environment, Heritage and Local Government taken in 1990. The large sample provides an over- the role his Department plays in monitoring the view of the housing situation with regard to hous- quality of performance of builders and building ing quality at a national level and allows for the companies in the area of house repairs and reno- provision of statistics at county level. vations. [23132/04] The survey is representative of all tenures; pri- vately owned, privately rented, local authority, Minister for the Environment, Heritage and renting in the voluntary and co-operative sector Local Government (Mr. Roche): My Department and rent-free and covers various types of accom- has no function in monitoring the performance modation such as houses, apartments etc. The of builders or building companies in repairing or report examines a broad range of housing issues, renovating houses. of which the main ones are quality of dwelling, It is open to persons commissioning such works dwelling size and rooms available, the level of to retain a building professional, for example, 869 Written 30 September 2004. Answers 870 architect, engineer, etc., to advise them on the decisions on such matters in the context of Cabi- appointment of a competent contractor, supervise net discussions. the relevant construction works and certify satis- factory execution of works prior to payment of Capital Expenditure. moneys to the relevant contractor. 257. Mr. Durkan asked the Minister for Com- munity, Rural and Gaeltacht Affairs the areas Local Authority Schemes. and headings in respect of which he and or his 255. Aengus O´ Snodaigh asked the Minister Department intend to spend moneys in the for the Environment, Heritage and Local course of the remainder of the current year; and Government if there has been discussions if he will make a statement on the matter. between officials of his Department and the [23087/04] health boards and local authorities regarding on Minister for Community, Rural and Gaeltacht the need to provide appropriate housing in the Affairs (E´ amon O´ Cuı´v): As the Deputy will be community which can address the accommo- aware, details of Departments’ expenditure allo- dation needs of persons with schizophrenia and cations for the current year are set out in the their carers; and if he will make a statement on Revised Estimates Volume 2004 which was pub- the matter. [23147/04] lished earlier in the year. A gross total of \298 Minister of State at the Department of the million has been allocated to the Department of Environment, Heritage and Local Government Community, Rural and Gaeltacht Affairs, across (Mr. N. Ahern): I assume that the question refers four programme expenditure areas, broadly as \ to accommodation that may be provided under follows: Administration, 17 million; An Ghae- ilge agus an Gaeltacht, \ 85 million; Community the voluntary housing capital assistance scheme \ \ or arrangements made by the relevant health Affairs, 133 million; Rural Affairs, 63 million. Expenditure within these programme areas, board. \ The administration of the voluntary housing which totalled 174.7 million at 24 September scheme and the certification that particular pro- 2004, takes place across a wide range of schemes jects comply with the terms of the scheme are the and projects, descriptions of which are available responsibility of local authorities. However, any on the Department’s website at www.pobail.ie. proposals which would meet the needs of the I am confident that my Department will con- individuals concerned regarding such accommo- tinue to ensure delivery of our objectives under An Agreed Programme for Government and that dation and application for funding should be sub- expenditure for the year will be in line with the mitted for consideration to the appropriate local allocated amount. authority. Meanwhile, it is the practice of both my col- league, the Minister of State, Deputy Noel Rural Development. Ahern, and myself, to make details of all 256. Mr. Gregory asked the Minister for Com- announcements relating to grant approvals and munity, Rural and Gaeltacht Affairs if he will other expenditure related decisions under these report on decisions which emanate from other programmes, available on the Department’s Departments which affect rural communities. website. [23074/04] Rural Development. Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): As the Deputy may be 258. Mr. Durkan asked the Minister for Com- aware, the Cabinet handbook requires Depart- munity, Rural and Gaeltacht Affairs if he has ments to ensure that all memoranda for the satisfied himself that his expressed concerns in Government containing any significant policy respect of once off rural housing to meet the proposals or other measures, including legis- needs of the indigenous population have been lation, should indicate the impact, if any, of the adequately addressed to date; and if he will make proposals on rural communities, that is, on the a statement on the matter. [23088/04] physical, economic and social conditions of Minister for Community, Rural and Gaeltacht people living in the open countryside, in coastal Affairs (E´ amon O´ Cuı´v): As I have indicated pre- areas, towns and villages and in smaller urban viously, my Department is committed to main- centres outside of the five major urban areas. taining the maximum number of people in rural Accordingly, each Minister is required to ensure areas and to strengthening rural communities that the rural development dimension of every economically, socially and culturally. major proposal is appropriately addressed. The national spatial strategy addresses many of The circulation of draft memoranda for my concerns in relation to such issues as rural Government to Departments prior to their final- housing. The rural settlement policy framework isation also enables me through my Department contained in the NSS, which represents overall to have input to the development of proposals Government policy on rural housing, aims to sus- likely to affect rural communities. tain and renew established rural communities, As Minister for Community, Rural and Gael- while strengthening the structure of villages and tacht Affairs, I am afforded input to Government smaller settlements to support local economies. 871 Written 30 September 2004. Answers 872

[E´ amon O´ Cuı´v.] The determination of entitlement to excep- In this way it seeks ensure the key assets in rural tional needs payments is a matter for the health areas are protected to support quality of life and board and neither I nor my Department has any that rural settlement policies are responsive to function in deciding entitlement in individual the differing local circumstances in different cases. areas. My colleague, the Minister for the Envir- Social Welfare Benefits. onment, Heritage and Local Government, agrees 260. Mr. Durkan asked the Minister for Social that it is vitally important that there is certainty and Family Affairs the position in regard to car- and consistency in the implementation by plan- er’s allowance application in the name of a person ning authorities of Government policy in relation (details supplied) in County Kildare; and if he to rural housing through their own development will make a statement on the matter. [23094/04] plans and in the operation of the development control system under planning legislation. Minister for Social and Family Affairs (Mr. As the Deputy is aware, on 4 March last, the Brennan): The person concerned applied for car- Minister for the Environment, Heritage and er’s allowance on 11 August 2004. The principal Local Government, published the consultation conditions for receipt of the allowance are that draft of guidelines for planning authorities on sus- full-time care and attention is required and being tainable rural housing. These draft guidelines are provided and that the means test that applies is vitally important in order that there is clarity and satisfied. consistency in the implementation by planning The full-time care and attention condition for authorities of Government policy in relation to receipt of the allowance is satisfied and the case rural housing. They provide a more detailed was referred to an investigative officer for a framework for planners, based on what the means assessment. Her entitlement to carer’s national spatial strategy has to say on rural hous- allowance will be further considered in light of ing policy. The guidelines reflect what I have the investigative officer’s report and she will be been saying for the past number of years. notified directly of the outcome. As I said in my statement at the time welcom- Under social welfare legislation decisions in ing the publication of the draft guidelines, what relation to claims must be made by deciding is needed is rural housing within the confines of officers and appeals officers. These officers are good planning practice. statutorily appointed and I have no role in regard I understand that the consultation process has to making such decisions. been concluded and that the Minister for the 261. Mr. Durkan asked the Minister for Social Environment, Heritage and Local Government and Family Affairs if and when rent allowance expects to publish the definitive guidelines later will be restored in the case of a person (details in the year. supplied) in County Kildare who was previously awarded rent support; and if he will make a state- Social Welfare Appeals. ment on the matter. [23095/04] 259. Mr. Gregory asked the Minister for Social Minister for Social and Family Affairs (Mr. and Family Affairs if he will review an appeal Brennan): Subject to certain conditions the sup- decision against a person (details supplied) in plementary welfare allowance scheme, which is Dublin 3; and if he will make a statement on the administered on behalf of my Department by the matter. [23018/04] health boards, provides for the payment of rent Minister for Social and Family Affairs (Mr. supplement. With effect from 1 May 2004 new Brennan): The supplementary welfare allowance applications for rent supplement are subject to a scheme, which is administered on behalf of my habitual residence condition. Department by the health boards, provides for The Midland Health Board was contacted exceptional needs payments to help meet essen- regarding this case and has advised that the per- tial, once-off expenditure which a person could son concerned applied for rent supplement in not reasonably be expected to meet out of his or July 2004 following a change of accommodation. her weekly income. Her application was refused on the ground that The Northern Area Health Board was con- she is not deemed to be habitually resident in the tacted regarding this case and has advised that State. She applied for asylum and was offered the person concerned applied for assistance in accommodation in a direct provision centre but respect of a rent deposit. His application was refused. The board has further advised that she refused on the ground that in the opinion of the appealed against the decision on her rent sup- board the circumstances of the case did not war- plement application to the health board appeals rant the issuing of an exceptional needs payment. officer. Her appeal was unsuccessful and she has The board has further advised that the person now appealed to the social welfare appeals office. concerned was unsuccessful in his appeal against As the Deputy will appreciate I have no function this decision. in the appeals process.