Vol. 624 Tuesday, No. 3 3 October 2006

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 3 October 2006.

Ceisteanna—Questions Taoiseach …………………………………1209 Ta´naiste and Minister for Justice, Equality and Law Reform Priority Questions ……………………………1224 Other Questions ……………………………1250 Adjournment Debate Matters ……………………………1252 Allocation of Time: Motion ……………………………1253 Disclosures relating to the Mahon Tribunal: Statements …………………1255 Visit of Polish Parliamentary Delegation ………………………1274 Leaders’ Questions ………………………………1275 Requests to move Adjournment of Da´il under Standing Order 31 ………………1299 Order of Business ………………………………1302 Civil Law (Miscellaneous Provisions) Bill 2006: Order for Second Stage ……………………………1305 Second Stage ………………………………1305 Private Members’ Business Public Expenditure: Motion …………………………1310 Adjournment Debate Health Services ………………………………1344 Special Education Needs ……………………………1350 Social and Affordable Housing …………………………1353 Questions: Written Answers ……………………………1357 1209 1210

DA´ IL E´ IREANN his Department to date in 2006; the estimated revenue generated by payments relating to these ———— requests; and if he will make a statement on the matter. [30650/06] De´ Ma´irt, 3 Deireadh Fo´mhair 2006. Tuesday, 3 October 2006. 5. Mr. Rabbitte asked the Taoiseach the number of applications received by his Depart- ———— ment to date in 2006 under the Freedom of Infor- mation Acts; the number of applications acceded Chuaigh an Ceann Comhairle i gceannas ar to; and if he will make a statement on the 2.30 p.m. matter. [30870/06]

———— The Taoiseach: I propose to take——

Paidir. Mr. Sargent: On a point of order, am I to Prayer. understand the Taoiseach is answering Questions ———— Nos. 1 to 124? An Ceann Comhairle: The Taoiseach has not Ceisteanna — Questions. yet stated which questions he is taking. ———— Mr. Sargent: I am seeking clarification as that is what is stated on the Order Paper. Freedom of Information. 1. Mr. Kenny asked the Taoiseach the number The Taoiseach: I propose to take Questions of freedom of information requests received by Nos. 1 to 5, inclusive, together. his Department during June 2006; and if he will I propose to circulate with the Official Report make a statement on the matter. [25551/06] the information requested by the Deputies on the statistics regarding freedom of information 2. Mr. Kenny asked the Taoiseach the number requests received in my Department. In 2006, a of freedom of information requests received by total of \690 was received in respect of appli- his Department since January 2006; and if he will cation fees. No charges were levied in respect of make a statement on the matter. [28208/06] costs relating to the search and retrieval of records. All FOI applications received in my 3. Caoimhghı´nO´ Caola´in asked the Taoiseach Department are processed by statutorily desig- the number of freedom of information requests nated officials in accordance with the 1997 and acceded to by his Department since July 2006; 2003 Acts and, in accordance with those statutes, and if he will make a statement on the matter. I have no role in the processing of individual [28321/06] applications.

4. Mr. Sargent asked the Taoiseach the number Additional information not given on the floor of of freedom of information requests received by the House.

Year: 2006

Month Rec’d Granted Part Granted Refused No Records Transferred Withdrawn

January 9 8 1 February 1 1 March 4 3 1 April 7 6 1 May 6 5 1 June 4 1111 July 4* 3 August 5 2 2 1 September 5** October November December

Total *1 request ongoing **5 requests ongoing 1211 Freedom of 3 October 2006. Information 1212

Mr. Kenny: I was going to suggest that there ance are taken on board. We follow them and do could be an increase in the number of requests not alter them. A significant majority of requests for information from the Department of the — 62% — to my Department are submitted by Taoiseach. There were 142 requests in 2003, 45 in journalists, others account for 25%, business 2004 and 61 in 2005. It appears the decline will interests make up 8% of applications and continue in 2006, probably due to the nature of Oireachtas Members have submitted 5% of appli- the charge and the restrictions introduced by the cations. That has been the consistent trend. Minister for Finance. Will the Taoiseach com- ment on this matter? Mr. Sargent: Can the Taoiseach estimate Is it a general principle for new agencies set up whether the increasing number of requests is by the Government to automatically be covered linked to the increase in the number of bodies by the freedom of information legislation, such as covered by the FOI Act? In respect of the a new agency under the Taoiseach’s Department? Department of the Taoiseach, for example, the Law Reform Commission is not covered. Is there An Ceann Comhairle: The operation of the any good reason for this, given that the com- Act is a matter for the Minister for Finance. mission is his Department’s responsibility? Has These questions refer to the Department of the the Taoiseach taken the advice of the Infor- Taoiseach. mation Commissioner, who points to South Afr- ica’s wide-ranging and liberal legislation in this Mr. Kenny: The Taoiseach was the Minister for regard? Would the Taoiseach consider any Finance and is now the Head of Government. recommendation in respect of the Law Reform Commission, given that many people believe it An Ceann Comhairle: Yes, but I suggest that should be covered by freedom of information the Deputy submit his question to the current provisions? Minister. The Taoiseach: When the last review was done Mr. Kenny: As a matter of policy, will new in May and the 130 additional bodies and groups agencies, even those set up under the Taoiseach’s were brought within the scope of the Freedom of own Department, be automatically included Information Act, the bodies under the aegis of under the Freedom of Information Act? my Department, with the exception of the Law The Taoiseach: On the first question, the Reform Commission, were already within the Deputy knows from the charts that the figures go scope of the Act. The question of extending the up and down. While they came down initially Freedom of Information Act to the Law Reform after the changes in 2003, they wavered up and Commission is under consideration, but no down in the period since then. At the beginning decision has been made yet. of this year, the figure was high and it was high in April. Some months the figure is low and some Mr. Quinn: Given the Taoiseach’s substantial months it is high. It has levelled out at a trend experience in government and recalling the over the past few years. debate that surrounded the introduction of the In May of this year, 130 additional public original freedom of information legislation where bodies and groups were brought within the scope those opponents articulated a view that it would of the Freedom of Information Act. Generally, hamper decision-making and reduce the quality unless there is some particular reason it should and clarity of the decision-making process within not be the case, any new agency would be the confidentiality of the public service, what is covered by the Act. the Taoiseach’s view on whether the Act has reduced the quality of decision-making or made Caoimhghı´nO´ Caola´in: Does the Taoiseach it more tortuous? have a breakdown by category of the freedom of information requests to his Department? Is that An Ceann Comhairle: The question refers something his Department does? Does the specifically to the Taoiseach’s Department. Taoiseach have a breakdown of the number of requests from journalists and those from Mr. Quinn: Yes, I mean his Department. I members of the wider public? If so, will he indi- thank the Ceann Comhairle for that helpful clari- cate the numbers approved or refused in each cat- fication. Has the operation of the legislation in egory? In respect of the Taoiseach’s Department the Department of the Taoiseach had the effect and the wider context, has he taken on board the that its opponents prophesied it would? concerns expressed by the Information Com- missioner going back over the past couple of The Taoiseach: I remember the debates and years at least? the various arguments. Following the initial rush when there was an enormous number of queries, The Taoiseach: We have taken them on board. particularly from the public, about various issues, Changes in direction by the Department of Fin- the number of freedom of information requests 1213 Departmental 3 October 2006. Expenditure 1214 has settled down to an even keel. I have been National Forum on Europe for 2006 and is there very much in favour of its extension to other a tentative figure for 2007, in view of the import- bodies. It has not created any difficulties that are ance of that matter and the fact that the French readily apparent. The system operates well. and the Dutch must make their decisions as well? The National Economic and Social Develop- Mr. Quinn: There has been a rumour to the ment office incorporates the National Economic effect that in some cases civil servants are reluc- and Social Council, the National Economic and tant to commit to paper opinions or options, and Social Forum and the National Centre for Part- that there has been a vast increase in the pur- nership and Performance. Will the Taoiseach chase of Post-its within the Department of the provide a breakdown of the level of funding allo- Taoiseach and other Departments. Is there any cated by his Department to each of these agencies substance to that rumour? for 2006?

The Taoiseach: It is not just a matter of FOI. The Taoiseach: The National Forum on The change I have seen over the years is one with Europe comes under subhead N in my Depart- which Deputy Quinn will be familiar. In the old ment’s Vote. The Estimate provision for the year days, a long time back, a file was circulated to is \1.491 million. Up to the end of August, sections. As Deputy Quinn will recall, the \835,312 had been expended and the balance opinions of EOs, HEOs and assistant principals remaining is \655,688. That allocation was tended to be written in manuscript on files. I have increased at the beginning of the year. Most of not seen a file like that in a long time. I would the allocations should come in on target, put it down not just to FOI but to the committee depending on various expenditures, but the system, various investigations and other issues. month on month figures are not reliable. Under the old system, I enjoyed following the Sufficient resources are available. Discussions are train of an argument through the relevant ongoing regarding the 2007 Estimates but I am sections and picking up what middle-ranking conscious we should keep the forum going at its people would say as distinct from what others existing level. There should not be a difficulty would say. It was always an interesting read, but meeting its allocation for 2007. There is no great I have not seen such a file in a long time. issue, as it is seen as doing a good job and its publications are useful. The forum extended its Departmental Expenditure. reach during the summer months to locations 6. Mr. Kenny asked the Taoiseach the expendi- where large numbers of the public were in attend- ture incurred by his Department during the first ance and that worked well. The staff has been half of 2006; the way in which this compares to engaged in meeting and addressing the people. the figures projected in the Estimates; and if he The NCCP, the NESF and the NESC are will make a statement on the matter. [25552/06] covered under separate subheads with the NCCP allocated \1.46 million while the NESF was allo- 7. Mr. Sargent asked the Taoiseach if he will cated \704,000. At the end of August, both report on his Department’s expenditure in the organisations were broadly on line to meet their first half of 2006; the way in which this compares expenditure. The NESC was allocated \1.923 mil- with the first half of 2005; and if he will make a lion and it is also on line to meet this allocation. statement on the matter. [30670/06] The advantage is that all the organisations are working from a central office in Parnell Square The Taoiseach: I propose to take Questions and the administrative costs are shared. While the Nos. 6 and 7 together. organisations are still separate, carrying out their Expenditure by my Department from January individual functions, the value is that the over- 2006 to the end of August 2006 was \19.547 mil- heads and administration costs are collective. lion compared with a total Estimates provision There has been a good administrative saving as for the year of \37.675 million. This compares a result but the organisations still have separate with total expenditure of \18.047 million for the remits. The NESF continues to be a strategic period to end August 2005, an increase of 8.3%. organisation dealing with reports on the econ- While fluctuations in spending occur from omy, social partnership and other issues while the month to month and some expenditures do not NCCP very much works on social policy and fall due until the end of the year, I am satisfied issues identified by Oireachtas Members who are that overall spending by my Department for 2006 also members of the committee. Overall, the will remain within the agreed Revised Estimates organisations have no funding problems and for the year. operate well within budget with no pressure on their allocations. Mr. Kenny: I am strongly of the opinion that we should revive the discussion about the Euro- Mr. Sargent: With regard to Deputy Kenny’s pean constitution. Does the Taoiseach possess a question about the National Forum on Europe, figure for the allocation for the activities of the given that the Department’s Estimate increased 1215 Social Partnership 3 October 2006. Agreements 1216

[Mr. Sargent.] The Taoiseach has already answered on the by 15% this year, will that additional money be Moriarty tribunal, which is the second issue I wish expended? Does the Taoiseach expect a further to raise. What is the Taoiseach’s estimate as to increase will be needed in 2007? If so, will he out- when the bulk of that tribunal’s report will be line the activity that will take place to warrant completed, the cost of it paid and the process that? closed down? I refer to the allocations for the Moriarty tri- bunal. The House debated a six-month extension The Taoiseach: The allocation for the of the tribunal previously with full rates to be McCracken tribunal was held over for Estimate paid to the lawyers involved. Will this extension purposes. Very few issues remain in that regard be the end of the matter? Will the Taoiseach shed and it is probably a subhead that will be dropped some light on the difference between the initial in the next round of Estimates. The fees element Estimate for the tribunal, which was expected to of the Moriarty tribunal could go into next year. cost 14% less in 2006 than in 2005 and the revised As I understand it, the first of the reports is due Estimate in January 2006, which provided that sometime in the autumn. It was originally due in the tribunal would cost 134% more in 2006 than the early summer but was then rescheduled for in 2005? Will he explain this huge disparity and the autumn. The second report is due early in the indicate how the Estimates could be so different? new year. While I am not certain, I assume the Should we believe the Estimates? Do they have fees elements will be dealt with in the 2007 a basis? Estimates.

The Taoiseach: The National Forum on Social Partnership Agreements. Europe received a good increase in this year’s 8. Mr. Kenny asked the Taoiseach if he will Estimate and it is more or less on line to meet its report on the implementation of the new partner- allocation. We are examining next year’s allo- ship agreement; and if he will make a statement cation but it has been upped significantly. The on the matter. [28182/06] forum does not have expenditure difficulties. It is in a good position and has a good base from 9. Mr. Kenny asked the Taoiseach when he will which to fulfil its remit and take as active a role next meet with the social partners; and if he will as the forum and its members wish it to take. I make a statement on the matter. [28183/06] do not see a difficulty for the 2007 Estimate at this stage. 10. Mr. Kenny asked the Taoiseach if he will To date, \3.3 million has been spent by the report on the recent activities of the national Moriarty tribunal. As Deputy Sargent noted, implementation body; and if he will make a state- there is a total provision of \8 million in this sub- ment on the matter. [28185/06] head, a substantial portion of which was provided to meet the payment of legal costs arising from 11. Mr. Rabbitte asked the Taoiseach if it is the award of costs to parties appearing before the intended to hold quarterly meetings with the tribunal, should its work be completed this year. social partners to review progress in imple- That estimate was based on the work before the menting the ten year programme for social part- tribunal sought an extension until January. It was nership, as was the practice with previous agree- intended that when the work was complete, the ments; if so, when the first meeting is likely to be decisions would then be made on the legal fees, held; the likely agenda for such a meeting; and if which would then have to be paid. Whether that he will make a statement on the matter. will happen this year, I do not know, but my [28240/06] Department will continue to closely monitor expenditure in the subhead. Any savings likely to 12. Caoimhghı´nO´ Caola´in asked the Taoiseach be achieved will be made available to the Depart- if he will report on the situation in the social part- ment of Finance but, obviously, we will have to nership process in the wake of union balloting; include them in the Estimate again next year his role in the implementation of the agreement; because they will ultimately have to be paid and if he will make a statement on the matter. whenever the final report is published. There has [28315/06] been no change of dates with regard to the report since I last reported to the House. 13. Mr. J. Higgins asked the Taoiseach if he will report on his recent contacts with the social Mr. Quinn: My questions relate to those two partners. [29226/06] topics. First, there is a kind of holding piece for the McCracken tribunal. Is it likely the tribunal’s 14. Mr. J. Higgins asked the Taoiseach the work will be completed or finished? What is out- studies currently being carried out by the standing that requires a small reservation in the National Economic and Social Council; and if he Estimates? will make a statement on the matter. [29228/06] 1217 Social Partnership 3 October 2006. Agreements 1218

15. Mr. Sargent asked the Taoiseach if he will will be reconvened to take overall responsibility report on the work of the National Economic and for the management of the implementation of the Social Forum; and if he will make a statement on ten-year framework agreement as it applies to the the matter. [30651/06] wider non-pay issues. As heretofore, there will be quarterly meetings of the social partner pillars 16. Mr. Sargent asked the Taoiseach if the and an annual meeting of the parties with myself, National Economic and Social Council has plans the Ta´naiste and the Minister for Finance. It has to analyse the effect of peak oil on the economy also been agreed that a formal review will be here; and if he will make a statement on the undertaken during 2008. My Department will matter. [30652/06] contact the social partners shortly to arrange the initial steering group and plenary meetings. 17. Mr. Sargent asked the Taoiseach if he will Work has already begun in the Department of report on the implementation of Towards 2016; Enterprise, Trade and Employment on the prep- and if he will make a statement on the matter. aration of the necessary legislation to give effect [30655/06] to the comprehensive package of measures con- tained in the agreement on employment stan- 18. Mr. Sargent asked the Taoiseach if he will dards. Initial meetings of the group on labour report on the social partnership process; and if he market trends and employment standards, the will make a statement on the matter. [30656/06] pensions review group and the anti-inflation group, all of which will be chaired by my Depart- 19. Mr. Sargent asked the Taoiseach if he will ment, are currently being arranged. The national report on recent meetings with the social part- implementation body, which has been in exist- ners; and if he will make a statement on the ence since 2001, is continuing to meet as required matter. [30657/06] to oversee delivery of the industrial peace and stability provisions in Towards 2016. 20. Mr. Kenny asked the Taoiseach the number The Government looks forward to working of studies currently being undertaken by the closely with employer and trade union interests National Economic and Social Council; the topics in progressing the wide-ranging reform prog- currently under study by the NESC; and if he will ramme set out in the new agreement regarding make a statement on the matter. [30783/06] pay, the workplace and employment rights and compliance. I believe it will prove to be of real The Taoiseach: I propose to take Questions benefit to employers, employees and the econ- Nos. 8 to 20, inclusive, together. omy more generally in the period ahead. Together with my colleagues, the Minister for A number of studies have been completed Health and Children, Deputy Harney, and the recently by the National Economic and Social Minister for Finance, Deputy Cowen, I met the Council, NESC, which will help to inform future social partners on Wednesday, 14 June last at the debate and implementation of policy. These conclusion of the negotiations on a new social include Housing in Ireland: Performance and partnership agreement. The negotiations on this Policy, published in December 2004; The Devel- occasion were particularly protracted, which was opmental Welfare State, published in May 2005; perhaps a reflection of the breadth and com- the NESC Strategy 2006, People, Productivity plexity of the issues involved, and I would like and Purpose, published in December 2005, which again to put on record my appreciation of the was the key input to the negotiation of the new considerable time and effort given by all the par- social partnership programme, Towards 2016; ties to the negotiations, and of their continued Migration Policy, published on 22 September commitment, both to the immediate goal of sec- 2006; and Managing Migration in Ireland: a Social uring a new agreement and to social partnership and Economic Analysis, a study prepared for the itself. NESC by the International Organisation for I acknowledge at this stage that some issues Migration, based in Geneva, which was also pub- remain to be settled in the discussions with the lished on 22 September 2006. Further studies farm organisations, which are continuing. Over nearing completion include a study on child pov- the summer, the other social partner pillars have erty and child income supports which examines been engaged in the ratification process on the possibility of merging child dependent allow- Towards 2016, Ten-Year Framework Social Part- ance and family income supplement. The NESC, nership Agreement 2006-2015, and I am very along with the other bodies in the NESDO, is pleased it has received such overwhelming sup- now embarking on the learning society exercise port in that process. We are now focusing on the outlined in Towards 2016. implementation of the agreement. In the coming months, the council will consider The mechanisms for implementation are its future work programme. The Government has broadly the same as applied under Sustaining also requested that the council prepare a periodic Progress. The steering group representing social report. The NESC plans to undertake a Government and each of the social partner pillars study on environmental policy in its next work 1219 Social Partnership 3 October 2006. Agreements 1220

[The Taoiseach.] remain to protect migrants from exploitation — I programme that will reflect on the appropriate am sure they enjoy mobility in the Irish labour mix of policy approaches for achieving specific market — it concludes that migration, to date, has environmental goals. increased our economic growth rate and standard Since its reconstitution in May 2004, the NESF of living, and has widened the range of services has published reports on early childhood care and that are available. The report endorses the education, care for older people and creating a Government’s policy on sourcing low-skilled more inclusive labour market. In addition, the workers from within the EU 25, while a limited NESF holds an annual national anti-poverty level of low-skilled migration from outside the strategy social inclusion forum. The third such EU takes place through high quality programmes. forum was held on 15 February 2006. The social The analysis, which is based on extensive inclusion forum gives those who are not directly research, consultation and an analysis of the involved in the social partnership process an Council, comes to a number of high level policy opportunity to contribute their views and experi- recommendations of which I will mention a few. ences to the implementation of the national anti- The first is the need to clarify our approach to poverty strategy. Work is at an advanced stage on migration, focusing on three broad goals: econ- omic and social development, the rule of law and projects in respect of cultural citizenship, delivery the integration of migrants into economic, social, of quality public services and mental health. cultural and civic life. Second, the report proposes that the definition Mr. Kenny: In respect of the social partnership of migration policy should be extended beyond discussions, was any analysis of the impact on the the traditional focus on channels of entry and economy of the immigrant labour force carried eligibility for social services. It should encompass out? What consideration has been given to a a range of equally important issues, including decision the Taoiseach must make in respect of labour market practices, social policies and poli- opening Ireland’s labour market to people from cies for integration of migrants. Romania and Bulgaria when they become members of the EU on 1 January 2007? Is there Third, a whole Government approach to any view on this? migration policy is required, supported by appro- priate institutional arrangements. This would What consideration was given to the establish- reflect the reality that, like many other policy ment of a consumer pillar, which was advocated issues, migration cuts across a range of Depart- by this and other parties, and an environmental ments and agencies. The Government is already pillar within the social partnership process, given addressing some of these issues through the that the Government has published its own Employment Permits Bill and the Immigration Green Paper on energy, the fact that the issue of (Residence and Protection) Bill, which is being the environment has moved to a central position, examined. There are a number of other pro- the importance of this area, the impending posals. To answer the Deputy’s question, this is increase in gas and electricity prices and the an in-depth analysis of the whole issue. It is useful pressure on consumers’ quality of life? Does the in moving towards implementing anything that is Taoiseach agree that establishing a consumer pil- not already there, including issues of education, lar in the social partnership is a practical integration and others. suggestion? A decision will have to be made on Romania What analysis has been carried out on the con- and Bulgaria following the Foreign Affairs stant and ever-increasing stream of requests and Council next week or the week after. It is likely remarks from businesses telling of the pressures that they will announce the date for Bulgaria and they face due to rising costs and inflation and the Romania and countries will finally have to make lowering of competitiveness and exports and the up their minds and state their positions. We will pressures they face in keeping their businesses have to do so too. On numerous occasions, I have above water? said that this is a decision we will take in conjunc- The Taoiseach: In respect of Deputy Kenny’s tion with the social partners and we will check first question, the NESC has carried out such an with them. I am disappointed that, to date, many analysis and has produced a recent report on countries have not opened up to the extent we migration policy. This report pro- have and continue to do. Many Bulgarians and 3 o’clock vides the Government with a com- Romanians are already coming into this country prehensive review of a recent experi- as a result of the implementation of our permits ence of substantial immigration and assesses its legislation. Whether we open up completely is an impact on the Irish economy and society. It issue about which we need to be very careful. We makes several strategic recommendations about have been and continue to be good Europeans. the policies that must be adopted if migration is We can examine our approach as per the work to be successfully managed. NESC’s analysis permits if we need to open up, but we will have found that the effects of migration to date have to discuss the matter and come to a final decision. been largely positive. While significant challenges I am watching what other countries are doing 1221 Social Partnership 3 October 2006. Agreements 1222 also, although we have to make our own and will the agreement be reopened to address decisions. these very serious issues? The debate on consumer issues concerns the On the point I made about rampant inflation, social partners who took part in the discussions particularly in the area of housing, will the to a greater extent than others this time. Some Taoiseach outline how he proposes to deliver the consumer bodies and environmental groups have unfulfilled promise of the last agreement, which applied for membership, an issue which is cur- was to provide desperately needed homes and the rently up for discussion. Those issues are being introduction of Part V of the Planning and taken into account. The issue of competitiveness Development Act? Does he recognise that the is the work of the Competitiveness Council. That 2002 amendment of the 2000 Act allowed prop- work is proposed by the employer bodies them- erty developers to get off the hook regarding selves as well as the Department of Enterprise, their responsibility to provide 20% social and Trade and Employment. There is plenty of focus affordable housing? What does he now propose on the issue of competitiveness and maintaining to do? Will he restore Part V of the Act to its our position but in relative terms the business original intent and thereby seriously address this climate is still enormously positive. While issue? inflation is up, by and large due to energy issues, our productivity, growth and unit labour costs are An Ceann Comhairle: There are two other still extremely attractive compared with any Deputies offering, Deputies Sargent and Quinn, other country. from whom I will hear brief questions.

Caoimhghı´nO´ Caola´in: Is it not the case that Mr. Sargent: Having listed to the Taoiseach’s Towards 2016 was a poor deal for workers, partic- reply I did not hear much reference to the answer ularly as the increases they will receive under the I expected to Question No. 16. I will focus on that agreement will be quickly frittered away by question given that time is limited. The Taoiseach inflation? Does the Taoiseach not accept that this mentioned that he was disappointed with other countries that have not opened up their borders has already been demonstrated in the inflation to the extent that Ireland has done. Likewise, figures for August that have increased to 4.5% does he recognise the disappointment in other from 4.2% in July and given that Towards 2016 countries that Ireland is not taking as seriously offered workers 10% over 27 months which was as it should its responsibilities in terms of social working out at annualised increases of just 4.4%? partnership for the spiralling cost of energy? Will Will the Taoiseach accept that already the August he ensure that item is dealt with centrally in the figures demonstrate that has been surpassed? partnership talks even to the extent that Sweden, Does he not recognise that Irish workers are which has a commission against oil dependency, already overstretched by excessive mortgages and has set 2020 as a deadline for cancelling its oil the ever increasing cost of fuel and energy and dependency? Will the Taoiseach ensure that that he has failed to do anything over the course workers in social partnership are part of the of his tenure or to provide in Towards 2016 any changes, for example those at Eirgrid which the measure that will seriously grapple with the ever- Green Paper or Deloitte & Touche want to separ- spiralling cost of houses, homes, for ordinary ate from the ESB? Those issues need to be dealt people? Does he not accept that workers will find with at partnership level if we are to put ourselves themselves in ever more straitened circumstances in a position to be able to deal with the energy as a result of the increasing cost of housing and challenges facing us. The cost of not dealing with of energy costs, to which I have already referred? them, the estimated \1 billion for carbon trading Can he confirm that there is no mechanism in would pay for 400 buses and a metro line. These Towards 2016 to counter the effect of prolonged are real cost savings that need to be factored in if and increased inflation? Why is that the case, we are to get full consensus on how to get given that previous agreements contained such a through the challenges that face us and should be review clause and, given that if I remember cor- as central to social partnership as, for example, in rectly in 2000, the millennium year, that part- Sweden, where it is very much cross-party, cross- icular clause was invoked in response to unexpec- sectional and involves every person. ted high inflationary figures? Will the Taoiseach agree there is no provision in Towards 2016 for Mr. Quinn: Will the proposals on employment an ability to pay clause in order to counter the rights and compliance be established on an inability to pay clause that is clearly there in the interim basis before the necessary statutory legis- interest and protection of employers? What is the lation necessary is brought in? situation applying to those employees within companies and services that are bounding ahead The Taoiseach: I will try to deal with the ques- on the labour of those employed? What will the tions quickly. The inflation group was set up Government do to protect workers in this posi- under Sustaining Progress to examine ways to tion? Will this be addressed by the social partners bring down domestically generated inflation. It 1223 Priority 3 October 2006. Questions 1224

[The Taoiseach.] tainability and renewable energies for the years comprised officials from my Department and the ahead. It is a big issue and will be a central part Departments of Finance and Enterprise, Trade of the programme for all the reasons mentioned and Employment as well as representatives from by the Deputy. ICTU and IBEC. Under the Towards 2016 agree- On Deputy Quinn’s questions, we started some ment, we reconstituted the group with the same months ago on the implementation arrangements membership and mandate as before. It is further and particularly on the legislative changes and agreed that adherence by employers and trade measures that are required in the area set out by unionists to the pay terms of the new agreement the Deputy. A number of broad changes are is important from a counter-inflationary perspec- required. The Government has put together a tive. In all of the previous agreements the pay unit rather than just taking the usual legislative increases worked out as beneficial to workers and route which would take years. A very good unit that is the reason workers have overwhelmingly has been established within the Department of supported the partnership again. Enterprise, Trade and Employment and it com- On housing issues, much time was given in the menced work earlier this year, even before the previous programme and this one to housing discussions. initiatives. We have increased substantially I am unsure whether some of the issues to do investment in social and affordable housing and with employment rights can be dealt with on an spending in this area in 2006 is four times what it interim basis rather than on a statutory basis but was just a few years ago. The social partnership it is intended to make quick progress in this area agreement sets out an ambitious programme to because it is an important issue for the trade deliver for the next three years, increasing the unions and is one where I would like to see us number of expected starts and acquisitions of making as much progress as quickly as possible. social housing by 4,000 units to 27,000 units. The State system of providing land sites continues. Caoimhghı´nO´ Caola´in: What about the Deputy O´ Caola´in raised the issue of the number review clause? of houses. If he looks at the figures for houses sold at below market level, he will see that under Priority Questions. the Government’s 1999 affordable housing scheme of 1999, 94% of all the 2005 sales under ———— that scheme were for homes priced at \185,000 or less. The additional investments and commit- Deportation Orders. ments outlined in Towards 2016 testify to the importance we attach to housing affordability. 129. Mr. J. O’Keeffe asked the Ta´naiste and We continue to prioritise effective action to main- Minister for Justice, Equality and Law Reform tain high levels of supply over the period of the the number of non-Irish nationals, in each of the programme. years 2000 to 2005, who were eligible to be con- While changes were made to the Part V initiat- sidered for deportation pursuant to section ives, the initiatives are back with the local auth- 3(2)(a) of the Immigration Act 1999, having orities and the Part V contribution does not con- served a term of imprisonment; the number of stitute a way to buy out their obligation. They such non-Irish nationals who were so considered; must fulfil their obligations under the Act and the number of such non-Irish nationals who were local authorities are obliged to ensure that each subsequently deported; and his views on whether agreement delivers the best possible result in adequate procedures were in place until recently terms of overall housing supply and social inte- to ensure that such cases were given proper con- gration for their area. sideration. [30827/06]

Caoimhghı´nO´ Caola´in: It is not being Ta´naiste and Minister for Justice, Equality and enforced. Law Reform (Mr. McDowell): I refer the Deputy to my replies to a series of parliamentary ques- The Taoiseach: That is a matter for each local tions which he asked earlier this year and in part- authority. I know the Minister talks about it from icular my reply to his written Question No. 468 time to time, but it should be done by the local of 27 June 2006. Since then a comprehensive authority. It is their role and responsibility to do reply to these queries issued to him from my it and that is clearly set out. office on 20 September 2006. On issues of energy, Deputy Sargent knows this By way of background, it should be noted that issue has moved from being an issue that was not the effect of a deportation order when served on much of an issue at European Council meetings a person is that the person concerned is legally or elsewhere to being a central issue. Working obliged to leave the State and to thereafter with the social partners, across Departments and remain out of the State. In addition, it should be in a broad national way we published our Green borne in mind that while section 3(2) of the Paper to try to fulfil our obligations on sus- Immigration Act 1999, as amended, which is the 1225 Priority 3 October 2006. Questions 1226 relevant legislation in this area, provides for a The person convicted of this manslaughter was deportation order to be made in a variety of cir- subsequently deported. No cases of murder were cumstances, set out in paragraphs (a)to(i) of that involved. section, in practical terms, deportation orders Of the total of 662 persons included in these tend to be made based on the provisions of records, some 252 show up as having no resident section 3(2)(f) of the Act, that is, where the per- status. This would suggest the persons concerned son concerned has failed all stages of the asylum were either captured on official records under process, and section 3(2)(i) of the Act, where the another alias or may be persons who had arrived person concerned has otherwise become illegal in illegally in the State and were never captured on the State, such as where they have overstayed a official departmental records such as they might work permit, a study or holiday visa or the like. It have been had they participated in the asylum, should also be borne in mind that all deportation visa or work permit processes. It could also orders, regardless of the specified headings they include short-term tourists who did not require a are made under, are equal in value, legally and visa but committed an offence while in Ireland. operationally. For instance, a person who would be liable to deportation on the grounds of a Additional information not given on the floor of prison sentence might also be liable to be the House. deported as someone who has overstayed, and so Of the 252 persons shown as having no resident the effect is the same. status, the vast majority of them are included in The Deputy will appreciate that each case is the less serious categories of offence and it would considered on its individual merits having regard not have been necessary to deport them on com- to the gravity of the offence committed as well as pletion of their term of imprisonment. what, if any, other connection each individual has Table 2 provides an annualised picture of the to the State. For example, if a non-EU national non-EEA throughput from the prison system prisoner has a legal entitlement to be in the State broken down by offence. as a recognised refugee or as a person who has While the level of deportations as outlined in availed of EU treaty rights through marriage to Table 1 is substantial, particularly with regard to an Irish or EU national, they would clearly be certain offences, for example drugs offences, it less likely to be deported. Where a person has does not follow that all other persons referred to been here for some time and their children have on the list are still residing in the State. The settled here it would be necessary to consider reality is that many people leave the State on very carefully the impact that deportation would completion of their sentence. Except in the most have on the family unit. The mere fact that some- serious cases, where it is clear a person is leaving body is a foreign national and is sent to jail in the State and highly unlikely to return, deport- Ireland would not justify me, on the basis of pro- ation will not be necessary as removal is already portionality, putting that person out of the coun- achieved. The objective for the State is that the try on foot of a deportation order, if I came to person leaves the territory and does not return. the view that they were the breadwinner for chil- In effect, deportation is an instrument intended dren who are Irish citizens or if they were mar- to remove persons from the State who would ried to an Irish citizen or if there were other cir- otherwise be likely either to remain or to attempt cumstances that would make it disproportionate to return. to deport them. I have stated before that my Department and My officials have identified a total of 662 non- the Garda National Immigration Bureau have an EU national sentenced prisoners who were ongoing information exchange with the Irish released from prison between 2001 and May 2006. Prison Service through which medium my Computerised records are not available for 2000. Department and the GNIB are made aware of The figures I have included in the two tables the release dates of convicted non-EU national cover the period from 2001 to 22 May 2006. For prisoners. This exchange has been in place for a the Deputy’s information, these figures have been number of years and was reviewed and further broken down by reference to the nature of the enhanced in May 2005 since which time lists of offences in respect of which the persons con- all non-EU prisoners due for release have been cerned were convicted and subsequently forwarded to the GNIB and considered for pos- imprisoned. It should be noted that in the case of sible deportation. Details of the offences involved prisoners who may have committed more than are also included, as are the nationalities of the one offence, the more serious offence is shown. prisoners in question. Based on this information, In the context of the table, the category of my Department provides information to the Irish “Other” includes persons convicted of public Prison Service of the immigration status of the order and other relatively low-scale offences. The persons concerned and, where appropriate, pre- category of “Offences Against the Person” pares the paperwork necessary to have outstand- includes a case where a life was lost with man- ing cases finalised, where possible, in advance of slaughter being the nature of the case in question. the planned release date. 1227 Priority 3 October 2006. Questions 1228

[Mr. McDowell.]

Table 1

Breakdown of offence and Deported Legally Position in the Evaded Without Total status resident in State under deportation resident the State consideration status

Sex offences 5 4 3 2*** 14 Drugs 56 3 13 6**** 78 Firearms 1 1 Offences against the person* 18 13 12 3 18 64 Offences against property 35 25 36 10 66 172 Road offences** 10 53 19 2 69 153 Immigration 2 3 4 2 13 24 Other 23 30 20 5 78 156

150 127 108 25 252 662 *Includes one case of Manslaughter where the offender was deported. **Includes one case of Dangerous Driving Causing Death where the offender is now an EU citizen. ***Both of these people are believed to have left the State. ****A significant number of these people are believed to have left the State upon release.

Table 2

Breakdown of Release Date by Year

Type of offence/Year 2001 2002 2003 2004 2005 2006 Total

Sex offences 4 4311114 Drugs 12 4 14 18 19 11 78 Firearms 11 Offences against the person 7 9 15 15 15 3 64 Offences against property 23 28 43 39 30 9 172 Road offences 14 18 38 39 37 7 153 Immigration 1 1132724 Other 19 23 24 43 39 8 156

Total 80 86 148 158 143 47 662

Mr. J. O’Keeffe: The Ta´naiste might confirm Mr. J. O’Keeffe: I have raised the issue of the that in a moment. Finally last week I got six pages exercise, or perhaps more correctly the non-exer- of a response to my parliamentary questions from cise, by the Ta´naiste of a specific executive func- the Ta´naiste. However, they do not give replies tion bestowed on him by the Immigration Act to the questions I asked. No amount of evasion 1999. As is clear from the question, I wish to or obfuscation will get away from the basic point know how many serious criminals, who should at of what we seek here. I am looking for infor- least have been considered by him or his prede- mation relating to the exercise by the Ta´naiste of cessor for deportation, having served a term of a power conferred on him by the Immigration imprisonment, are roaming the countryside. The Act 1999. How many non-Irish nationals in each Ta´naiste does not appear to know and the House year up to 2005 were eligible to be considered for does not know. The House cannot know as I deportation pursuant to section (3)(2)(a)ofthe raised the issue in a series of nine parliamentary questions before the recess and did not get the Act? How many of these non-Irish nationals were information. I am not getting the information considered by him for deportation and how now. Having failed to get it through the many, as of today, have been deported? That is parliamentary process, I raised it by way of a free- the information I sought last April when I first dom of information request. I was advised by the tabled these questions and the information the Department of Justice, Equality and Law Reform Ta´naiste has failed to furnish. that I would have a decision by 1 September. He has given me information on improvements in the system, on better liaison between different Mr. Howlin: Did it say which year? bodies under his aegis from the point of view of 1229 Priority 3 October 2006. Questions 1230 keeping track on such presence. The Ta´naiste other category to which I referred which relates might like to comment on whether the improve- to people who have no resident status and who ment in such liaison occurred at approximately may or may not be in the State and are probably the same time as the departure from office of not in the State amounts to 252. Charles Clarke as Home Secretary in the UK Instead of attitudinising in a tabloid way on this because of this very issue. One way or the other, matter he would be well advised to bear in mind I want to know how many such people roaming that a non-EEA national mother of a family the countryside should have been considered for might have a conviction—— deportation, how many were considered and how many were deported. Despite all the obfuscation Mr. J. O’Keeffe: Weep, weep. and evasion the Ta´naiste has not yet furnished that information. I ask him to do so now. Mr. McDowell: The Deputy should listen to the point; his obfuscation is pathetic. She might have Mr. McDowell: Of course I noted that in a a conviction in those circumstances. rather derivative way the Deputy thought that he could ask the same questions of me that Charles Mr. J. O’Keeffe: I am not after shoplifters, as Clarke was asked as British Home Secretary lead- the Ta´naiste knows. ing to particular embarrassment for himself. However, the Deputy should have consulted the Mr. McDowell: Why does the Deputy keep Statute Book and realised that a very different shouting? He does not want to hear the truth. legal position pertained in Britain in that the Judiciary there could order deportation, Mr. J. O’Keeffe: I want to hear answers to my whereas—— question.

Mr. J. O’Keeffe: That is not the issue. Mr. McDowell: I will try to answer it if the Deputy will stop shouting. The non-EEA Mr. McDowell: It is central to the issue. national mother of a family with a conviction would be eligible for deportation and would fit Mr. J. O’Keeffe: It is of no relevance. into the figures I have supplied. However, it would be plainly wrong to deport or even con- Mr. McDowell: The Deputy should stop bluff- sider deporting a person in those circumstances if ing and shouting. her husband and children were law-abiding people legally resident in the State. Instead of try- Mr. J. O’Keeffe: Will the Ta´naiste answer the ing to do a tired secondhand derivative piece of questions? political grandstanding based on the Charles An Leas-Cheann Comhairle: The Ta´naiste Clarke episode, which is based on different law without interruption. in Britain, the Deputy would do better to study the table set out for him in the reply, come clean Mr. McDowell: It is central to the issue. with the people and say there is a very significant rate of deportation of people who have served Mr. J. O’Keeffe: Did the Ta´naiste do his job sentences in our prisons. or not? An Leas-Cheann Comhairle: I ask Deputy Mr. McDowell: The Deputy should let me O’Keeffe to be brief. answer the question instead of just shouting. In Britain, the Judiciary is entitled to order deport- Mr. J. O’Keeffe: It is the Ta´naiste’s job to come ations and it transpired that the Home Office was clean and answer questions. It is his job not to be not following up on that. In Ireland, the Judiciary evasive nor obfuscate in his replies. I revert to the has no such power. It can make a question I tabled six months ago. How many of recommendation—— these people were considered by him in each of those years for deportation? In respect of how Mr. J. O’Keeffe: Yes. many were deportation orders made? The Ta´naiste has not yet answered the question. The Mr. McDowell: —— which is an entirely differ- real question is why he has not answered it. It is ent matter as the Deputy well knows. The Deputy clear from the documentation I have received asked for the number of non-EEA people who that no effective process was put in place by the were prisoners at the relevant time. Some 662 Ta´naiste for consideration by him of these issues people were convicted of offences of whom 150 up to last year. have been deported, a further 127 have not been deported and are legally resident in the State, the An Leas-Cheann Comhairle: I call the next situation of a further 108 is under consideration question. as to whether they will be deported, 25 evaded deportation when deportation was ordered Mr. J. O’Keeffe: In that situation, the Ta´naiste against them and may not be in the State, and the seems unable to tell us—— 1231 Priority 3 October 2006. Questions 1232

An Leas-Cheann Comhairle: I call an t-Aire. Mr. McDowell: ——he would understand that the law is effectively operated. Mr. Howlin: We have spent 15 minutes on this question. An Leas-Cheann Comhairle: We will proceed to Question No. 130. Mr. J. O’Keeffe: ——how many of these cases were considered by him, as it seems clear he did Mr. McDowell: In addition liaison takes place not consider these cases. between the Irish Prison Service, the GNIB and the Department of Justice, Equality and Law An Leas-Cheann Comhairle: We must proceed Reform—— to the next question. Mr. J. O’Keeffe: The Ta´naiste is covering up. Mr. J. O’Keeffe: Some very serious crimes have been committed by people who were sent to jail Mr. McDowell: ——which considers all of and were not considered by him, including a per- these cases. son involved in a very serious crime, who came before the Central Criminal Court in July. Mr. J. O’Keeffe: The Ta´naiste failed to do his job. Mr. McDowell: The Deputy should finally sit down and let me answer his question. I have given the Deputy the figures and as he well Irish Prison Service. knows, 662 people would have been eligible for 130. Mr. Howlin asked the Ta´naiste and Mini- deportation under the relevant section, 150 were ster for Justice, Equality and Law Reform his deported, 127 were not deported and are legally response to the most recent reports of the Inspec- resident in the State and 108 are under consider- tor of Prisons and Places of Detention, Mr. ation. Therefore, 258 out of 662 have been con- Dermot Kinlen; the action being taken to address sidered or are being considered for deportation the serious shortcomings in conditions identified under the relevant provision. in the reports; if he has received the report of Mr. Michael Mellet into the death of a person (details Mr. J. O’Keeffe: When? supplied) on 1 August 2006; the main findings of the report; and if he will make a statement on the Mr. McDowell: The Deputy’s party’s focus matter. [30829/06] groups may find some evidence for the prop- osition that being hard on migration makes good Mr. McDowell: I presume the Deputy is refer- politics. However, I must make reasonable ring to the fourth annual report of the Inspector decisions about real-life situations. of Prisons and Places of Detention and the report of the inspection of Cloverhill Prison, which were An Leas-Cheann Comhairle: I call the next published by me in August 2006. question. Mr. Howlin: Are they the most recent reports? Mr. McDowell: I must deal with the shoplifting mother who would be eligible for deportation Mr. McDowell: They are the most recent under this provision. reports. Mr. J. O’Keeffe: I am not looking for Mr. Howlin: Then they are the ones to which deportations. I refer. An Leas-Cheann Comhairle: I call Question No. 130. Mr. McDowell: The inspector’s reports coincided with a period of profound change in the Mr. McDowell: I make fair decisions. Prison Service, during which the decades long problem of dependency on excessive prison over- Mr. J. O’Keeffe: How many cases? time was finally confronted and overcome. As the Deputy will be aware, a situation had developed Mr. McDowell: If the Deputy would keep his in the Prison Service whereby the capital budget eye on me and not on the Press Gallery—— and every other budget within the system were being cannibalised to fund overtime expenditure. An Leas-Cheann Comhairle: The Chair has This reached a peak in 2003, when \60 million called Question No. 130. was spent on overtime, accounting for approxi- mately 20% of the entire prison budget. In order Mr. McDowell: ——and if he would stop to reverse this wholly unsustainable dependence grandstanding on this issue—— on overtime, I put in place a number of measures, including major cutbacks in overtime expenditure Mr. J. O’Keeffe: The Ta´naiste should answer and new attendance arrangements. These the question I asked. measures led to cuts, for necessary operational 1233 Priority 3 October 2006. Questions 1234 reasons, in services to prisoners in the period return to the revolving door of the mid-1990s, covered by the inspector’s reports. when the rainbow Government presided over a Following prolonged negotiations, the POA in situation in which 20% of prisoners were on tem- August 2005 accepted a proposal to eliminate porary release. By way of comparison, on 28 overtime work and introduce new organisational September 2006, there were 3,314 persons in the and working arrangements which will provide prison system, of whom 156, or 4.7%, were on long-term savings to the Exchequer of up to \25 temporary release. The reason for the significant million per annum. These new arrangements will reduction in the percentage of prisoners on tem- not only restore, but also enhance prisoner porary release between 1996 and 2006 is because regimes in the years ahead, particularly in terms the Government has provided some 1,100 net of improving access to services, increasing the additional prison spaces since 1997. In addition, availability of better facilities and making more over 400 new places are being created at Shelton productive use of out-of-cell time for prisoners. Abbey, Loughan House, Castlerea, Portlaoise In this regard, much progress has been made over and Wheatfield Prisons. the past 12 months in improving educational and The inspector also calls for the elimination of workshop facilities for prisoners. drugs in prisons and the introduction of sniffer In St. Patrick’s Institution, the refurbishment of dogs in prisons such as Mountjoy. As the Deputy five workshops will lead to FETAC accreditation is aware, the elimination of drugs in our prisons in metalwork, woodwork, computers, industrial is one of my key priorities. In order to achieve cleaning and other industrial skills. The new this, a drug detection dog was introduced into the workshops will give constructive activity to over prison system earlier this year. The service is 70 inmates and their roll-out is almost complete. based in the Midlands Prison and it is planned The refurbishment of Cloverhill Education that trials will be carried out from that base. The Centre has recently been completed. Classes have initial phase is being used to test the effectiveness now commenced and courses are being rolled out of drug dogs in prisons and to act as a learning on a phased basis. In short, the circumstances exercise for the Prison Service to refine its precise adverted to by the inspector arose because the approach in a wider deployment. The pilot has overtime dispute reached a crisis, but huge proved extremely successful to date and the dog improvements have since been made. has detected significant numbers of smuggling The fourth annual report of the inspector attempts. It is intended that the drug detection covers the period from April 2005 to April 2006 dog will be used in Mountjoy in the near future. and deals with a wide range of issues including However, drug detection dogs are just one of a staffing levels, the establishment of an inspector much wider range of measures contained in the of prisons on a statutory footing, prisoners’ rights new Prison Service drugs policy and strategy, to vote, the privatisation of prisons, recidivism, which I launched earlier this year. The new policy drug addiction and prisoners with psychiatric ill- and strategy provides, for the first time, a co- nesses. In respect of shortcomings in conditions, ordinated and consistent national approach to the inspector called in his report for the immedi- dealing with the thorny problem of supply of ate closure of St. Patrick’s Institution. The lack of drugs, as well as ensuring appropriate treatment modern facilities at that institution has been the is available to prisoners to help them conquer subject of justified criticism not only by the their addictions. The policy is currently being Inspector of Prisons, but also by other oversight rolled out across the prison system. The new and monitoring bodies. replacement Mountjoy and Munster prison com- The Government shares the view that St. plexes will be constructed with an extensive per- Patrick’s Institution is no longer suitable as a imeter to prevent drugs being thrown over the place of detention for young people and that its wall and will thus facilitate drug-free regimes. complete replacement is required. The insti- In terms of prisoners with psychiatric illnesses, tution, together with other detention facilities on the inspector expressed concern regarding the the Mountjoy Prison complex, will be closed as treatment of mentally ill prisoners and prisoners soon as planned new facilities are constructed on with personality disorders and recommended the a greenfield site at Thornton Hall, County Department of Health and Children should take Dublin, where separate facilities will be available responsibility for such prisoners. The Irish Prison for 16 and 17 year old boys. The new campus will Service is committed to health care standards allow us to develop progressive rehabilitative comparable to those obtaining in the wider com- programmes and enhanced educational facilities munity. Prisoners have access to medical, nursing, and introduce single occupancy cells with in-cell psychiatric and psychological services within the sanitation to end the practice of slopping out. prison system and the psychiatric needs of pris- oners are served by visiting psychiatrists. The Additional information not given on the floor psychiatric service of the eastern coast area of House. health board at the Central Mental Hospital, The development of the new prison campus Dundrum, which is under the management of the will also provide the Prison Service with room for HSE and the Department of Health and Chil- future expansion and ensure there will be no dren, provides regular weekly counselling and 1235 Priority 3 October 2006. Questions 1236

[Mr. McDowell.] occupancy cell or room for at least 24 hours while treatment sessions at Dublin prisons. In other the case is assessed. This recommendation has locations, services are provided by local psy- been accepted by me and was implemented chiatrists. immediately by the prison authorities. Offenders who, in the opinion of the psy- chiatrist and the prison doctor, are in need of Mr. Howlin: I congratulate the Minister on his inpatient psychiatric treatment may be trans- first occasion to take parliamentary questions in ferred by order to either the Central Mental his new office and wish him well for however long Hospital or a district mental hospital. However, he occupies that important position. the Central Mental Hospital is the only psychi- Does the Minister accept he made an extra- atric inpatient hospital that will accept prisoners. ordinary admission when he said the conditions Due to increased demand on this facility in recent outlined in the Kinlen report were allowed to years, it has frequently been the situation that happen because budgets were being cannibalised waiting lists build up for admission, requiring to pay for overtime? As Minister, he allowed a priority to be based on clinical need. This situation to arise where, for example, parts of situation arises despite the general agreement Mountjoy were being sprayed twice a week to regarding the necessity for admission and, while keep mice and cockroaches at bay. Overcrowding awaiting a bed to become available, the prison was such that an individual who asked for protec- authorities may be left with no alternative but to tion was brutally murdered after being put in a seek to manage a disturbed individual in con- cell with six other prisoners, including one who ditions which provide the greatest degree of pro- had recently arrived from the Central Mental tection for the individual, other prisoners and Hospital. staff. My Department and the Prison Service is The violence in Mountjoy over the summer, continually engaged with the Department of which included two deaths in 12 hours and four Health and Children and the HSE in a process stabbings in three weeks, was allowed to take aimed at co-ordinating the provision of health place. Does the Minister think it is acceptable to care to prisoners. tell the House that he has resolved an overtime I have honoured my commitment to abolish the issue and, therefore, the horror stories which had use of old-style padded cells by introducing newly been laid out in graphic and unimaginable terms designed and improved cells. Special observation in the Kinlen report were allowed because cells are not used for routine reasons but only in budgets were being cannibalised? cases where prisoners are in a highly agitated Has the Minister received the findings of the state and at risk of harming themselves or others. independent inquiry by former senior official, Mr. No mentally ill prisoner awaiting a move to the Michael Mellet, into the dreadful murder of Gary Central Mental Hospital is detained in a special Douch and what are the main recommendations cell unless this is unavoidable. Such a practice is contained therein? not commonplace but takes place only where the safety of prisoners require it. Mr. McDowell: I thank Deputy Howlin for his I have appointed Mr. Mellet to carry out an kind words of congratulation. The remainder of independent inquiry into the circumstances sur- my answer to his question, which I was unable to rounding the tragic death of Mr. Gary Douch read on the floor of the House, addressed the while in custody in Mountjoy Prison, which will: issues raised by the Deputy. However, as the establish what action was taken by the Prison answer has been put on the record, I will give the Service, management and staff to safeguard Mr. Deputy only a summary of its contents. Douch; to clarify whether Mr. Douch had I agree that the death of Gary Douch was an expressed special concerns about his safety; to appalling event and the circumstances in which establish what procedures were followed and he died are not defensible. For that reason, I their adequacy; to establish the procedures used asked Mr. Michael Mellet, who was secretary to to allocate prisoners to the cell in which Mr. the International Monitoring Commission and a Douch died; to establish the level of monitoring former Secretary General in my Department, to during the night of 31 July to 1 August 2006; and compile a full report. He is currently examining a to make any observations and recommendations number of issues, while awaiting the pathologist’s Mr. Mellet sees fit. I intend that the report by Mr. report and information on the decisions made in Mellet will be published in due course, with the the Central Mental Hospital which resulted in the exception of any parts which could be deemed transfer of the apparent assailant to the prison prejudicial to potential criminal proceedings. system subsequent to his committal to the I have not received yet Mr. Mellet’s report. He hospital. These issues are of the utmost gravity has, however, already made a valuable interim and ones which I regard as requiring a substantial recommendation that, where a prisoner seeks explanation. I will take appropriate action to specific protection because of an alleged threat ensure that such events never recur. from another prisoner and the prison authorities It had been my understanding that holding cells accept there may be some substance to the alle- were used to hold prisoners on committal from gation, the prisoner should be removed to a single courts when there was insufficient time to process 1237 Priority 3 October 2006. Questions 1238 them. One of the immediate steps taken was to Mr. Howlin: Should they be in prison at all? appoint the Midlands, Cork and Wheatfield Prisons as committal prisons in addition to Mr. McDowell: The Deputy asked what has Mountjoy. The purpose of that change was to happened since the death of Gary Douch. Mr. reduce the pressure on Mountjoy but, as it turns Mellet reported to me on an interim basis within out, a number of people in that holding cell days of his appointment that no prisoner who appeared not to have come from the court system sought protection should be put in those circum- and should not have been in those circumstances. stances. The practice was immediately prohibited In my view, there is no excuse for keeping them within the Prison Service by way of an interim in those circumstances. The holding cells in ques- recommendation from Mr. Mellet. tion have been closed and are being converted to With regard to psychiatrically ill prisoners, other uses. The number of prisoners in Mountjoy what is happening at present is wholly inad- has been reduced and two areas which had pre- equate. The relationship between the Prison viously been mothballed, A2 and A3, are being Service and the Central Mental Hospital is inad- brought back into service. equate and, in some respects, indefensible. The I was shown a haul of weapons, including some Central Mental Hospital should act as a forensic brutal implements, which were recently found in psychiatric institution to serve people who need Mountjoy after a search arising from one of the incidents in question. These weapons are regu- hospital treatment for psychiatric conditions and larly catapulted into the exercise yards, with the who are committed to the State’s custody. It result that new fencing and other arrangements should not be the case, as has occurred in the are being put in place to prevent the smuggling past, that some people are returned to the Prison of drugs and weapons. New screening provisions Service from Dundrum on the basis that they are are being introduced for prisoners. too difficult to handle. That is an extraordinary However, the Deputy, the Inspector of Prisons state of affairs. and Places of Detention and I are correct in call- ing for the closure and replacement of Mountjoy. Mr. Howlin: Is it still the state of affairs? It is an unsuitable prison and is incapable of act- ing as a place of rehabilitation and detention for Mr. McDowell: It has happened in the rela- sentenced persons. That is why the replacement tively recent past. That is not acceptable. If some- of the Mountjoy complex is a priority for me and body is a danger to himself or others, the Central I will go ahead with that project. Mental Hospital must be organised on the basis that it can adequately deal with such a person. It Mr. Howlin: I welcome the belated acceptance must have sufficient rooms to accommodate all by the Minister that the conditions in Mountjoy the people who are properly committed by prison remain appalling. He indicated he has not yet doctors to that hospital for treatment, where they received a copy of Mr. Mellet’s report. Presum- can be humanely and decently dealt with. ably, inmates continue to arrive at Mountjoy, That is why I am determined to have the including some with mental health difficulties. Dundrum complex, which is old and out of date, What particular steps have been taken by the replaced by a modern, forensic psychiatric insti- Minister since the murder of Gary Douch with tution in close proximity to the new prison cam- regard to enforcement or renewal of protocols to pus at Thornton. It is not acceptable that psychi- deal with prisoners who have psychiatric prob- atrically ill prisoners are shuttled between two lems, are dangerous or are sick? What has the institutions—— Minister done since the appalling death of Gary Douch to ensure prisoners are never again put at Mr. Howlin: It is happening today. that type of risk? Is he satisfied that mentally ill people are incarcerated in the normal prison Mr. McDowell: ——on the basis of committals system? What is he doing to ensure that appro- and releases which are difficult to defend. The priate treatment is given to people who are inap- propriately incarcerated at present? United Nations Committee Against Torture has visited this country and will examine this Mr. McDowell: With regard to mentally ill problem. people, when I was appointed Minister for Justice, Equality and Law Reform there was a Mr. Howlin: What will the Minister do between system of using padded cells. These cells were so now and the building of the prison? appalling to even the most casual and inexperi- enced visitor as to require their immediate Mr. McDowell: My Department is in urgent replacement. I have got rid of the padded cells consultation with the Central Mental Hospital and have replaced them with modern state-of- about these matters. The director general of the the-art observation cells, where people are held Prison Service will go to the Central Mental in humane circumstances. They were not being Hospital on Thursday to see what the problems held in humane circumstances in padded cells. are and how they can be overcome. 1239 Priority 3 October 2006. Questions 1240

Inspector of Prisons. Mr. McDowell: The Prisons Bill is before the Seanad and if the Deputy consults the pro- 131. Mr. Cuffe asked the Ta´naiste and Minister ceedings of that House, he can confirm that. The for Justice, Equality and Law Reform the steps decision was made in July this year to provide in he has taken to place the Office of the Inspector that Bill for a statutory basis for the inspector’s of Prisons on a statutory footing; and if he will job. The amendments will be put down shortly in make a statement on the matter. [31021/06] the Seanad and the Deputy will have an oppor- tunity to debate them in this House and in the Mr. McDowell: In 2002, the then Minister for justice committee before Christmas. Justice, Equality and Law Reform, Deputy The inspector is most certainly independent. O’Donoghue, established the Office of Inspector Any reader of his reports will know they are not of Prisons and Places of Detention on a non- written by me or to please me or at my statutory basis. In 2005, I examined the possibility dictation—— of providing a statutory basis for the office by means of a statutory instrument, namely, to Mr. Cuffe: The Minister has delayed their pub- provide for the office in the prison rules which lication. are at an advanced stage of preparation and are on the Department’s website. However, after Mr. McDowell: ——or that he is in any sense consultation with the Attorney General, I came circumscribed—— to the conclusion that there should be provision for such an office in primary legislation. Mr. Howlin: He said the Minister was out- In July this year, the Government approved my rageous and practically unbelievable. proposal to establish an Office of Inspector of Prisons on a statutory basis. I will introduce an Mr. McDowell: I am trying to answer the appropriate statutory provision by means of an Deputy’s priority question. I will deal with amendment to the Prisons Bill 2005, which is Deputy Howlin later. before the Seanad at present. I hope that the Bill, as amended, will be enacted before Christmas of Mr. Howlin: That is something to look for- this year so the statutory office can be established ward to. in 2007. Mr. McDowell: I defy anybody to claim the inspector is not independent. The Deputy made Mr. Cuffe: I wish the Minister well in his posi- a throw-away remark that the staff of the Garda tion as Ta´naiste. He has been Minister for Justice, Ombudsman Commission are not independent. Equality and Law Reform for four years and four That is wholly untrue. They are not seconded months but we have yet to see legislation to put members of the Garda Sı´ocha´na. The commission the office of prison inspector on a statutory basis. is currently recruiting its staff and it is not, in any All I have seen is media speculation. If the will sense, lacking independence. It is just as indepen- was there, the Minister could have moved more dent as Nuala O’Loan is in Northern Ireland. The quickly on this. Is he giving a commitment that commission is recruiting its staff independently of an independent inspectorate will be put in place me and will have a wholly independent structure. before Christmas? Will he make the same mis- It will not be dictated to by my Department. take that he made with the Garda Ombudsman The former judge, Dermot Kinlen, is an inde- Commission, whereby the staff will not be inde- pendent man. He has access to prisons. I intend pendent but will be seconded from the Garda to provide for a statutory basis for the Office of Sı´ocha´na? Does the Minister not agree it is Inspector of Prisons. I do not agree with every- crucial that the prison inspectorate is completely thing in his reports, and readers of the reports independent of the Department and the Prison could not conclude that he is dependent on or Service? beholden to me or is trammelled in what he says The Minister appears to be more interested in and does by any consideration of a lack of inde- Ceaucescu-like projects for super prisons in north pendence from me. Dublin than in systematic reform of the prison system and how it works. The test of any society Mr. Cuffe: My recollection is that the Bill pro- is not how it treats the most well-off but how it viding for the Garda Ombudsman Commission treats its most wretched citizens. In three reports allows staff to be seconded from the Garda Sı´och- the Committee for the Prevention of Torture has a´na. That has the potential to severely compro- urged the Minister to provide an independent mise it in carrying out its duties. I accept the inspectorate. We had an independent prison inspector of prisons is independent but his report inspectorate 180 years ago in the 1820s. When goes to the Minister. Its publication has been will the Minister move on this? Will the proposed delayed by the Minister’s Department, so it is not inspectorate be truly independent so it can give truly independent. I accept that the tone and testimony to actual conditions in the prisons with- tenor of some of the remarks in his reports would out fear or favour? suggest he is completely independent but I won- 1241 Priority 3 October 2006. Questions 1242 der what he would say if he was completely inde- paid at least \15 million too much for the pendent given that he described the Minister as Thornton Hall farm. [30828/06] outrageous and with Fascist tendencies in his reports which were scrutinised by the Minister Mr. McDowell: On 28 September 2006 there before publication. were 3,158 persons in prison custody as compared To be deadly serious, under the Minister’s with a bed capacity of 3,383. This represents an watch, prison programmes, such as the CON- occupancy level of 93%. It is my view, supported NECT programme and programmes which by these figures, that there is no overcrowding address recidivism, illiteracy and addiction, have crisis or immediate issue relating to the capacity been severely cut. Can the Minister give a com- of the prison system. There is, however, a need mitment that a prisons inspectorate will be com- to upgrade existing prison accommodation and to pletely independent, will be able to publish its plan for the future and I am advancing a number own reports and will be able to reveal what actu- of projects at present to that end. ally goes on inside our prisons without having to This Government, which took office in July have its reports vetted by the Minister prior to 1997, inherited a prison system virtually in a state publication? of collapse. In mid-term the outgoing Govern- ment in an infamous decision had actually can- Mr. McDowell: It was not a question of me vet- celled planned building projects at Castlerea and ting the report but of me reading it and seeing a the women’s prison at Mountjoy. The situation number of passages in it which I concluded might was so bad that the revolving door syndrome was be defamatory. I submitted them to counsel to in danger of forever discrediting the entire Irish decide whether they were publishable by me criminal justice process. Furthermore, nothing without risk of me being sued. I was advised by had been done to even plan to refurbish counsel and the Attorney General that I could Mountjoy Prison, which was even then in a not publish the report in the form in which it was. deplorable state. I asked that the passages be deleted from the To illustrate the scale of the problem we report. The inspector and I eventually agreed on inherited, the proportion of prisoners on tempor- a process whereby the report would be published ary release on 9 December 1996 stood at 552, a without those provisions. I did not want to edit figure equating to 20% of the total prison popu- him and I sent the report back to him. He is a lation. This compares with a current figure of 156 senior counsel and a judge and I thought he persons, or under 5% of the prison population. would be in a position to render it publishable The actual number of prisoners in custody on 9 without risk of defamation but, in the end, it fell December 1996 stood at 2,230 with a bed capacity to somebody else to carry that out. for 2,251, an occupancy level of 99%. Mountjoy The reports, in so far as it is lawful to publish Prison had 640 prisoners within its walls which is them, will be and have been published. If I was a figure 40% higher than the current population in the slightest way given to censorship of what of 454. was in the reports, all the remarks to which The Deputy should be aware of the provision Deputy Howlin and Deputy Cuffe referred, of approximately 1,300 new prison spaces in would not appear. Therefore, it cannot be said recent years at considerable cost, which has put that I have attempted to censor them in any way, the Irish Prison Service in a much better position nor would I do so. to accommodate prisoners for the duration of The Deputies will appreciate that the Prison their sentences than was the case in the mid- Service now has considerably increased accom- 1990s. This programme has resulted in the build- modation compared with the situation in 1997. ing of new prisons such as Cloverhill, Castlerea, All the rehabilitative facilities and programmes the Midlands and the new women’s prison at were under massive threat as long as the prison Mountjoy alongside additional accommodation in budget was being cannibalised by overtime. I Limerick and Loughan House. Further accom- tackled that situation, and I am the first Minister modation is at an advanced stage of construction for Justice in 20 or 30 years to do so. There is at Portlaoise Prison, Casterea Prison, Loughan now a sound financial basis in the Prison Service House and Shelton Abbey and new prison estates to improve and sustain all those services. are being planned for Thornton Hall and Spike Island. It is a bit much for the Deputy to ask about a Prison Accommodation. current overcrowding problem and a crisis within 132. Mr. J. O’Keeffe asked the Ta´naiste and the prison system when the Government he sup- Minister for Justice, Equality and Law Reform ported in 1997 left the system in a state. In regard his views on whether there is currently inad- to Fort Mitchel and the Curragh, the number of equate prison capacity in the State due to the spaces provided in the lifetime of this Govern- closure of a number of prisons; if he has proposals ment far outweighs the number of places lost at to deal with the present crisis; and the reason he that point. 1243 Priority 3 October 2006. Questions 1244

[Mr. McDowell.] good reasons extreme reservations about using a Additional information not given on the floor of covert and secret third party approach to pur- the House. chasing land for this project. I shared his reser- I also refer the Deputy to my response to his vations in this regard. The Accounting Officer colleague, Deputy Durkan, in Question No. 167 had administrative oversight of the acquisition answered on 5 May 2004 in which I advised that: process throughout, put in place in respect of the purchase of Thornton. He looks forward to any shortage of prison spaces is not as a direct further clarifying the matter when he gives evi- result of the forced mothballing of the places dence before the forthcoming meeting of the of detention at Fort Mitchel and the Curragh. Committee of Public Accounts on this topic. Overall these two institutions had a capacity of 204 spaces (102 each). The recent opening of a Mr. J. O’Keeffe: Is the Minister living in a new wing in Limerick Prison has fully offset the different world from the rest of us? Was he loss of Fort Mitchel. The lost capacity in the around during the month of August when there case of the Curragh Place of Detention, has were dreadful happenings in our prisons? Was he been approximately 80% offset by the bringing even aware of the appalling overcrowding in into operation of previously unused spaces in Mountjoy or of the spate of assaults, stabbings the Midlands Prison. and so on resulting from it? Was he aware a pris- It is therefore disingenuous to assert that the clos- oner was killed in that prison largely as a result ing of these places of detention has in some way of the overcrowding because his request for help contributed to an overcrowding crisis. Sugges- could not be accommodated? tions to this effect are completely misleading Is the Minister not aware that a major contri- and irresponsible. bution to the overcrowding problem is that he Nevertheless, I accept that a number of our took a number of prisons and institutions out of prisons remain in a poor state, particularly commission without providing immediate alterna- Mountjoy and Cork prisons. This is being rem- tive accommodation? I refer to Spike Island, the edied by constructing new campuses in Dublin Curragh and, if I recollect correctly, Shanganagh. and Munster. The new facilities will, in addition, Does he not realise that the crisis which offer significant improvements in the areas of developed in our prisons resulted largely from work training, education and medical services as overcrowding and that anybody to whom one well as providing predominantly single cell talks in the Irish Prison Service will confirm that? accommodation with in-cell sanitation facilities. During whatever time is left to him in office, does These are major undertakings involving replace- he have plans to relieve that overcrowding? ment of close to 40% of the entire prison estate. I refer to the long-term plans in regard to the The Deputy seems to be suggesting that the Thornton Hall farm which, at \200,000 per acre, \29.9 million paid for the 150 acres at Thornton is labelled the dearest farm in Europe. Is the is \15 million too much. Is this the same Deputy Minister not in any way concerned that the who was reported by The Irish Times in July 2005 Comptroller and Auditor General’s report is a as saying that a five acre plot of land in the same shocking confirmation of the Minister’s spend- townland at Thornton Hall itself but not pur- thrift approach as far as taxpayers’ money is con- chased by the State, is worth \1m. an acre? cerned? There is no planning and zoning for the I am quite satisfied that the purchase of 150 farm, the agricultural value of which is probably acres of land at Thornton for approximately \4 million or \5 million. The Comptroller and \200,000 an acre was an excellent long-term Auditor General gives the Minister some solace investment for the State and is not out of line by saying it could be worth \15 million because with prices being paid by private developers. This of hope value, yet he paid \30 million for it with view is not only supported by experts employed \15 million of taxpayers’ money wasted. He is the by the State but also by independent sources. A leader of a party which, at one stage, prided itself local auctioneer interviewed by RTE Radio 1 on having some care and concern about tax- stated that he had disposed of land for between payers’ money. Does he have an answer to that \125,000 and \175,000 an acre and that he accusation in light of the independent criticism of doubted if anyone could identify a parcel of 150 the Comptroller and Auditor General? acres of land within ten miles of O’Connell Street for less than \30 million. One can still obtain Mr. McDowell: On the Deputy’s first question, some parcels of land in north county Dublin on I do not know if he was having a quiet snooze but the scale envisaged at Thornton for a cheaper I dealt with the deaths and weapons in Mountjoy price but not land suitable for a prison. and all the issues approximately five minutes ago. The Comptroller and Auditor General in his I would like to make a couple of points about 2005 report suggests that if a less open, third Thornton Hall. The Deputy will be aware that the party approach was used it might have been pos- Committee of Public Accounts will examine that sible to acquire suitable land at a lower price. issue this month. I am confident the Accounting That it his view, however, my Department’s Sec- Officer of my Department, the Secretary retary General, the Accounting Officer, had, for General, Mr. Sean Aylward, will go before that 1245 Priority 3 October 2006. Questions 1246 committee and will fully establish a few simple entire transaction was slipped through almost in propositions. First, the land is of the value spent the dark of night, that it took place in a matter of on it. seven days, that there was no local public consul- tation and that in regard to comparative values, a Mr. J. O’Keeffe: I would not like to try to sell farm within a couple of kilometres of the farm in it. question was sold two months later for \26,000 an acre, which would have been far more suitable Mr. McDowell: Second, nobody is in a position for a prison? to point to any land suitable for a prison at that The Minister spent \30 million of taxpayers’ distance from or nearer to the city of Dublin money and he still tries to justify it. Does the which has sold or changed hands for Minister not accept that if somebody were start- 4 o’clock a lesser price. Third, the Comptroller ing a sweetshop he would not put him in as man- and Auditor General did not say \15 ager because his business expertise—— million was wasted. He said — let us be clear about it — that if I had agreed to secretly buy the Mr. McDowell: What I would say to the land and not disclose the purpose for which I was Deputy—— purchasing it, to wait for an auction to take place and to spring this on some community without Mr. J. O’Keeffe: ——leads him to buy the most giving any consideration to what land was avail- expensive farm in Europe? able and if I was to do a furtive purchase in those circumstances, I could have bought land in north Mr. McDowell: No land which was suitable for Dublin for \100,000. a prison was sold for the prices in question closer to or the same distance from the city of Dublin. Mr. J. O’Keeffe: The Minister slipped it The second matter about which I remind Deputy through overnight. O’Keeffe relates to his own auctioneering tend- encies. It is interesting to note that in July 2005 Mr. McDowell: That is what he said. The he stated that five acres of the Thornton Hall Deputy will appreciate that what happened was farm which was kept back by the vendor was that the Accounting Officer of my Department worth \1 million per acre and he gave out to me came to the conclusion that it would be ethically for missing that opportunity. wrong to send people out to farms that became available without having a fully transparent, Mr. J. O’Keeffe: That was the only part of the advertised process seeking appropriate land for land which was zoned. the purpose. Mr. Durkan: The Minister is being dis- Mr. J. O’Keeffe: The deal was done. ingenuous.

Mr. McDowell: All of these matters will be An Leas-Cheann Comhairle: Order, please. I thrashed out before the Committee of Public call Question No. 133. Accounts. I am confident that the decisions made by the committee in question, which was com- Mr. J. O’Keeffe: Does the Minister not posed of senior public servants, including one of know—— the commissioners of the Office of Public Works, An Leas-Cheann Comhairle: The Chair has on the basis of an approach which was devised by called Question No. 133. the Accounting Officer of my Department, will stand up to any scrutiny. I again finish with this Mr. J. O’Keeffe: ——that the five acres to question; can anybody show me any land the which I referred was included in the original sale same or a lesser distance as Thornton Hall from and was the only part that had zoning, and to O’Connell Bridge, which has changed hands for complete the bad deal—— less than \200,000 per acre in the past two years? One will not find it because it has not happened. An Leas-Cheann Comhairle: The Chair has called the next question. Mr. McCormack: The Minister put up the price. Mr. J. O’Keeffe: ——was excluded from the sale at the last moment? Mr. J. O’Keeffe: Is it the case again that every- body is out of step but the Minister? Does every- Mr. Connaughton: The Minister did not get body not agree that it was a disgraceful waste of that either. public money? Does everybody not also agree with the headline in The Irish Times that it was Mr. J. O’Keeffe: The Minister did not get the an expensive blunder? The Minister referred to five acres with zoning. He is some o´ inseach to consultation. There was no consultation. Does send out. the Minister not accept that this farm did not emerge from the original process and that the Mr. Hogan: He will not be sent again. 1247 Priority 3 October 2006. Questions 1248

Mr. J. O’Keeffe: Not alone would I not put the able land at a much lower price than was paid for Minister in charge of a sweet shop, I would not the land at Thornton”. send him out to buy a bag of sweets. Let us be clear that in this context a “third party approach” means that a site would be An Leas-Cheann Comhairle: The Chair has acquired in secret. No one would be told that the called the next question. State was involved or that land was being sought for the most significant penal development in the Mr. McDowell: The Deputy is awake now. It is history of the State. There would have been no a curious fact that he thinks five acres out of the public advertisement, no information given in 160 acres of the original land parcel were worth Da´il answers and a very restricted assessment \5 million when two minutes ago he stated—— process. The Accounting Officer of my Department has Mr. J. O’Keeffe: Does the Minister know any- already gone on record stating that in the light of thing about zoning and planning? the nature of this particular project and to ensure proper accountability, a deliberate and principled Mr. Connaughton: The Minister would be a decision was taken not to use a third party, fur- great man in the Wild West. tive, acquire by stealth approach. The strategic, moral and practical reasons for that decision are An Leas-Cheann Comhairle: We must move on outlined in the report and have not been contra- to Question No. 133. dicted by the Comptroller and Auditor General. While there is a passing reference to compul- Prison Building Programme. sory purchase order mechanisms in the report, the Comptroller and Auditor General is aware ´ 133. Aengus O Snodaigh asked the Ta´naiste that there is no provision for the acquisition of and Minister for Justice, Equality and Law a prison site like Thornton Hall by compulsory Reform his views on the Comptroller and Audi- purchase order. I do not have the power to look tor General’s annual report for 2005 published on at a map, say that site would suit and go to the 27 September 2006 which concluded in respect of present occupant of it and ask him or her to hand the purchase of the site at Thornton Hall by his over his or her property to me. Department that there were inconsistencies The report does state that there are some “ap- between the site selection committee’s eval- parent” inconsistencies in the evaluations of the uations of various sites, that neither comprehen- site. That issue and issues relating to surveys, sive site surveys nor comprehensive costings on costing and site size will be fully addressed by the the work that would be necessary to make the relevant officials at the Committee of Public site suitable for a prison were conducted prior to Accounts. However, I can say at this point that the purchase offer being made; that well-posi- my Department’s Accounting Officer is satisfied tioned agricultural land with development poten- that it would not have been possible to obtain a tial could have been purchased for a fraction of site as suitable as Thornton Hall for any less than the price; that the value of obtaining enlarged was paid. The information available to me is that acreage was questionable; and that had a compul- no site of comparable quality and suitability sory purchase order been used instead it would closer to Dublin has changed hands in recent have allowed the State to purchase a site for a times for less per acre than was paid for the lesser amount. [30791/06] Thornton Hall site.

Mr. McDowell: The issue of the acquisition of Aengus O´ Snodaigh: I am still of the belief that a prison site at Thornton Hall was included in this deal stinks to high heaven. I asked questions the 2005 report of the Comptroller and Auditor at the time and I will continue to ask them. It General at the request of the Committee of is strange that we will deal with the issue at the Public Accounts and will be examined by it in Committee of Public Accounts, but that is after October. The relevant officials from my Depart- the fact, and that when these questions first arose ment will be present to account in detail to the the deal had not been completed. Committee of Public Accounts on all the issues Is the Minister aware that the propaganda raised by the Comptroller and Auditor General. document which his Department issued entitled, The Committee of Public Accounts is the New Dublin Prison Complex, The Right proper forum to address these matters and I am Decision?, states that each site was assessed on reluctant to show any lack of respect to that com- the basis of a marking matrix addressing all the mittee by trying to anticipate or pre-empt its essential criteria and on the basis of this objective examination. However, I have to note that the marking system, the least expensive, most suit- Comptroller and Auditor General does not state able site was selected? Is the Minister further that too much was paid for Thornton Hall. aware that the Comptroller and Auditor’s Rather, to quote his main conclusion, he states General’s report stated that the committee did that “a well-managed, third party approach might not record the basis on which the scores were have allowed the Prison Service to procure suit- awarded to individual sites under the various 1249 Other 3 October 2006. Questions 1250 criteria and the marks awarded by the site selec- did not advertise for suitable spaces or ask the tion committee appeared to be inconsistent? landowners of north County Dublin whether Does the Minister agree that the Comptroller there were more suitable places than the land and Auditor General’s report stated that the site bought. selection committee dropped the criteria after Deputy O´ Snodaigh referred to a number of receiving a letter from the director general of the other properties considered by the committee, Prison Service in September 2004 and that from but he should know that some of them which then on the matter of cost was not a consider- were further from Dublin and had been zoned as ation? How does the Minister reconcile the agricultural have sold for more than \200,000 per assertion contained in his document with the facts acre. The closest adjacent property considered by established by the Comptroller and Auditor the committee, which was adjacent to the motor- General? way, would only have been available at a signifi- Is the Minister aware that his document states cantly higher price. that at less than \200,000 per acre the site at If anyone can point to a parcel of 150 acres that Thornton Hall represents good value while the distance from O’Connell Street which has Comptroller and Auditor General found that the changed hands for less than \200,000 per acre in purchase did not represent good value? We have recent years, please do so. No one has come up already gone through those points. The with such an example. Comptroller and Auditor General stated that the price paid for the site at Thornton was likely to Deputies: Hear, hear. have been at least twice the market value at the time for well positioned agricultural land with Mr. J. O’Keeffe: A farm of 236 acres went at development potential in the target area. Is the auction in March of last year. Minister aware of a trawl of similar sites in the near vicinity, one of which was sold in March of (Interruptions). last year for \26,000 per acre but a number of those other sites which were being considered by Mr. McDowell: That is further from Dublin. the committee had a lesser price tag? How does ´ all of this square up other than to give rise to An Leas-Cheann Comhairle: Deputy O major questions about the purchase of this site Snodaigh can ask a brief supplementary question. and the dodgy deal that appears to have been ´ done in the last days of that committee despite Aengus O Snodaigh: Is the Minister aware that his document quotes prices per acre of \50,000, the fact that this site was not part of the original \ \ tendering process, appeared out of nowhere and 70,000 and 175,000, all of which were con- then was given the significant amounts mentioned sidered and all but one of which are within the by the Minister? distance stated? Mr. McDowell: No. Mr. McDowell: I reject the suggestions that this was a dodgy deal and stinks in any way and that Aengus O´ Snodaigh: This is the Minister’s the committee, comprising senior public servants, document. He should examine a map. acted improperly. It is unworthy to suggest that about them without knowing any of the basic Mr. McDowell: They are not within the facts. distance. This acquisition will be fully investigated by the Committee of Public Accounts. The Accounting Aengus O´ Snodaigh: At one point on the map Officer and Secretary General of my Depart- is the property considered for \50,000. This is the ment, the director general of the Prison Service Minister’s propaganda, but it is a pity he does not and the Commissioner of Public Works, who was read it. involved in the acquisition, will fully defend their actions and will not be found to have been want- Mr. S. Power: We had a \26 million budget. ing. At one stage, the valuers who advised the Comptroller and Auditor General in his study Other Questions. came up with a comparator of agricultural land, but there was a “minor” problem in that it was ———— located in Ardee, County Louth. This was one of the comparators used in their analysis of the situation. Garda Training. I stand by the material that I have put into the 134. Ms Shortall asked the Ta´naiste and Mini- public domain and the integrity of the officials ster for Justice, Equality and Law Reform the who purchased the property. If I had gone to auc- membership and terms of reference of the tions, pretended not to be the State purchasing recently established civilian expert group to land for a prison and operated by stealth, advise the Garda; and if he will make a statement Deputies would have been the first to ask why I on the matter. [30630/06] 1251 Adjournment 3 October 2006. Debate Matters 1252

Mr. McDowell: In July of this year, I received Mr. McDowell: I strongly deprecate and reject Government approval for a number of proposals the reported remarks attributed to the secretary to strengthen and support the senior management general of the Garda Representative Association structure of An Garda Sı´ocha´na. Among the concerning the way in which members of the measures approved by the Government was the reserve will be regarded. I have asked the Com- establishment of a four-person advisory group missioner for a full report in respect of those chaired by Senator Maurice Hayes. The other remarks so that appropriate action can be taken. members of the group are Ms Emer Daly, former Regarding the reaction to the Morris tribunal director of strategic planning and risk manage- reports, the House will have an opportunity in the ment with Axa Insurance; Dr. Michael Mulraney, coming weeks to consider the three reports that assistant director general of the Institute of Public have not yet been considered, the Barr tribunal Administration; and Mr. Maurice Keane, former report and the report of the Nally group into the Garda Sergeant White affair in respect of Omagh. group chief executive of the Bank of Ireland. The House will also have an opportunity to con- I envisage that the advisory group will have a sider the recent report into the Dean Lyons issue lifespan of approximately 12 months. Its primary prepared by George Birmingham, SC. objective will be to advise and support the Garda Commissioner and his senior management team Mr. Howlin: When will they be before the in addressing the leadership and management House? challenges currently facing An Garda Sı´ocha´na, particularly in the context of responding to the Mr. McDowell: All of these matters will be deficiencies in those areas identified by the before the House or, if it chooses, a committee of Morris tribunal. In particular, the group will the House because they require our urgent atten- advise the Garda Commissioner and his senior tion as legislators. management team on the development of strong management and leadership skills at all manage- Written Answers follow Adjournment Debate. ment grades in the Garda Sı´ocha´na; the pro- motion within the Garda Sı´ocha´na of a culture Adjournment Debate Matters. of performance management and accountability An Ceann Comhairle: I wish to advise the within the framework of the Garda Sı´ocha´na Act House of the following matters in respect of 2005; the continued development of human which notice has been given under Standing resource management, including the develop- Order 21 and the name of the Member in each ment of succession planning at senior levels to case: (1) Deputy Healy — the need for the ensure continuity of management and oversight; location of an emergency ambulance service in the development of specialist skills throughout the town of Carrick-on-Suir in County Tipperary; the Garda Sı´ocha´na through enhanced training of (2) Deputy Crawford — that the Minister advise gardaı´; and accelerated direct recruitment of civ- the Da´il on the personal involvement she has had ilians with such expertise and the enhancement of with the management and staff of Monaghan the provision of training for members and staff of General Hospital; (3) Deputy Connaughton — the force. the matter of the backlog of applications submit- This group, which has a unique set of skills and ted by elderly people for funding under the hous- insights, will be a key support for the Garda Com- ing for the elderly scheme; (4) Deputy Connolly missioner and his management team in imple- — to discuss the recommendations in the report menting the comprehensive reform agenda now on the circumstances surrounding the death of underway in An Garda Sı´ocha´na. Its members the late Mr. Pat Joe Walsh at Monaghan General will bring strong management and leadership Hospital; (5) Deputy Enright — that the Minister experience and expertise to this task. Their work take steps regarding the deteriorating medical will complement the activities of the Garda condition of a person (details supplied) awaiting inspectorate, the main focus of which will be on an operation on their spinal cord; (6) Deputy benchmarking, by reference to international Walsh — to discuss the immediate delay in com- mencing work on the affordable housing scheme experience, generic Garda operational pro- at Clonakilty in County Cork; (7) Deputy cedures and practices. Costello — the need for the Minister to review the operation of private aerodromes and private Mr. Howlin: One of the Garda management aircraft to ensure that all flights to and from this advisory group’s terms of reference is to promote State are subject to customs checks; (8) Deputy a culture of accountability. How does the Mini- Ring — the steps the Minister intends to take to ster envisage this might be done? What is his ensure that the Health Service Executive pro- reaction to the reaction of the Garda representa- vides transport for the elderly to attend at tive bodies to the publication of the most recent hospital appointments; (9) Deputy Gormley — Morris tribunal reports and the commencement the closure of post offices in Rathgar, Rathmines of training of the first members of the Garda and Terenure and the need for the Minister to reserve? take urgent action to ensure the re-opening of 1253 Allocation of Time: 3 October 2006. Motion 1254 post offices in this area; (10) Deputy Cowley — (iv) on the conclusion of Leaders’ Ques- to discuss if the Minister will provide funding for tions, the Taoiseach shall take questions an autism specific educational centre in County on the subject matter of the statements Mayo that would offer the same services to Mayo which shall not exceed 40 minutes and the children with autism as is available in the Saplings ordinary routine of business shall resume Centre in County Kildare; (11) Deputy thereafter. Moynihan-Cronin — the need for the Minister to address the ongoing delay in the provision of an Mr. Bruton: On a point of order, there has extension to Kenmare Community Hospital, been some confusion in the House as to whether County Kerry; (12) Deputy Pat Breen — that the the Taoiseach will provide a script. It would be Minister would reconsider his decision to seek to useful for Deputies to have a clear understanding implement the 18-month transitional bilateral of what is being said rather than a misunderstand- agreement at Shannon from November in the ing or misinterpretation. light of the continued absence of an agreed EU- US open skies agreement; (13) Deputy Harkin — An Ceann Comhairle: Whether a script is used to discuss the situation of the provision of a site is a matter for the Taoiseach. for a new community school in Ballinamore, County Leitrim; (14) Deputy Deenihan — the Mr. Bruton: It would be helpful. urgent need for a sexual assault treatment unit at Kerry General Hospital; (15) Deputy Curran — Mr. Lowry: He is using a script. the security and custom arrangements at Weston Airport and other related matters; (16) Deputy Mr. Bruton: It is important that the questions Ferris — the situation at the proposed oil refinery people want to put be put accurately and at Bellanaboy; and (17) Deputy Broughan — succinctly. after the recent 34% gas price hike and the loom- ing 19.4% increase for electricity, that the Mini- Mr. Rabbitte: What did the Taoiseach say to ster immediately review his directions to energy the question raised? regulator CER, if he will also ensure that the needs of consumers are adequately taken into An Ceann Comhairle: It is a matter for the account in energy pricing policy and the regulat- speaker whether he wishes to use a script. ory structure from now on and outline what measures he intends to bring forward to address Mr. Rabbitte: The order before us is only 45 the increase in fuel and energy poverty as a result minutes old. We asked the Government last week of the significant inflation in energy prices that for time to debate these matters and it refused. has occurred during the last nine years. The Government came around to a position of offering a paltry 35 minutes in its entirety. The The matters raised by Deputies Walsh, Ring, haggling has gone on for the week and 45 minutes Cowley and Deenihan have been selected for before we come into the House, we find the order discussion. provides for the Taoiseach to make a statement for 15 minutes but that the rest of us will only Allocation of Time: Motion. have five minutes. That is inequitable. Mr. Kitt: I move: The total provision of 45 minutes is entirely inadequate. We required in these circumstances a That, notwithstanding anything in Standing question and answer facility that is adequate to Orders or the Order of the Da´il on 28 the gravity of the matter before us. The provision September 2006: for questions and answers is minimalist, and is Statements on disclosures relating to the even less than was provided by this Taoiseach Mahon tribunal should be taken now for 45 when last we had a situation like this — concern- minutes and the following arrangements ing former Deputy Ray Burke. It is inadequate, shall apply: but because of the interest outside the House I do not want to divide the House on it. When the (i) the statement of the Taoiseach shall Ta´naiste stated he would enforce accountability, not exceed 15 minutes and the statements it is important to record that the contents of this of the main spokespersons for the Fine order do not amount to adequate accountability Gael Party, the Labour Party and the in these circumstances. Green Party, Sinn Fe´in and Deputy Joe Higgins shall not exceed five minutes in Mr. Sargent: Neither do I want to divide the each case; House on this, but it is important we understand (ii) the Taoiseach shall be called upon the order and can all work by it in an equitable way. My party is not dealing with Leaders’ Ques- to make a statement in reply which shall tions today; we will be tomorrow. I ask that not exceed five minutes; today, in the question and answer session, that (iii) Leaders’ Questions shall be taken fact would be respected. Sinn Fe´in may feel simi- on conclusion of the statements and; larly. There is considerable interest in this and the 1255 Disclosures relating to the 3 October 2006. Mahon Tribunal: Statements 1256

[Mr. Sargent.] confirm that correspondence was subsequently number of people here indicates that. It would be forwarded to the tribunal which demonstrates the appropriate, fair and equitable if, early on, the letter to be a forgery. I am placing these docu- Ceann Comhairle would allow questions from ments in the Library. parties not represented on Leaders’ Questions. In order to assist the tribunal with the inquiries Could the Ceann Comhairle give that into some of the lurid allegations made against undertaking? me, I gave all my bank and financial records to the tribunals for the years they requested. I pro- An Ceann Comhairle: No. The Chair will deal duced all of my records going back for a long with questions in the way they are laid down and number of years which show I have not enriched on the basis of proportionality on the size of par- myself through politics and have not abused ties, which is the fairest way to deal with public office. questions. I disclosed my financial records to the tribunal and it is deeply regrettable that these confidential Mr. Sargent: That is exactly what I am asking records appeared in a newspaper. for. The House will be aware that arising from fin- ancial pressures I encountered at the time of my Question put and agreed to. separation, a number of my friends decided to The Taoiseach: On the order which is agreed, come to my assistance. The loans I received from I make the point I answered questions on this for my friends totalled £39,000, that is, £22,500 plus an hour last week. I was asked would I answer £16,500. I wish to confirm to the House that on questions for 35 minutes. Friday I repaid each one of these loans with com- pound interest calculated at 5% per annum, and Mr. Rabbitte: No, he was not. at a total cost of \90,867. In my interview with RTE´ last week, I put into The Taoiseach: Then I was asked would I add the public domain that I received a contribution Leaders’ Questions time. Then I was asked would arising from a function I attended in Manchester. I give another 15 minutes. There are 60 minutes I publicly disclosed this payment in order that the for question time. I think I have taken an entirely full facts relating to all payments made to me dur- reasonable position on this. I would have thought ing a difficult personal and family time would be that I am the centre of the issue and it is not available to the public. I do not know the exact unreasonable for me to have 15 minutes and amount of the sterling cash I received. However, others to have 25 minutes. I know that when I changed this money to Irish pounds, it came to £7,938.49. At the time I lodged Mr. English: Democracy is the centre of the this money into my account on 11 October 1994, issue. the sterling/punt exchange rate was 0.9883 — the sterling equivalent of the £7,938.49 was approxi- Disclosures relating to the Mahon Tribunal: mately Stg£7,845.61. Statements. As is well known, I have always been a sup- The Taoiseach: In the discharge of my public porter of Manchester United Football Club. Since duties, the interests of the Irish people have my youth, I have regularly travelled to Manches- always taken precedence over everything else. I ter. From 1979 to 1996, I would have attended believe the Irish people recognise that this is so. roughly six Man United home games each season. Over the past week, I have encountered people I would travel with friends, sometimes by boat in different parts of the country and I have been and sometimes by plane. Over the years, I have touched by their sense of balance about this issue developed a very close affinity with that city and and their innate common decency about the per- with its people. I have had a long-standing associ- sonal dilemma that I had during 1993 and 1994. ation with the Dublin Association in Manchester, Last week I put on the record of the House a the Manchester-Irish Festival and the Irish World number of the allegations that have been made Heritage Centre. against me at the tribunals. Each and every one The function that has been the source of recent of these charges is baseless. They are false and controversy was not a political function or a fund- are no more than a tissue of lies. However, these raiser. It was just a way for me to keep in touch allegations were made and the tribunal is with members of the Irish community in a city I required to investigate them in so far as they fall visit often and have great ties with. I had attended within its terms of reference. It is in this context similar dinners and social occasions previously. that I have been co-operating with the tribunal The dinner was organised by the late Tim and will continue to do so. Kilroe in the Four Seasons Hotel in Manchester. Those who have made up these allegations I had a long personal history with Mr. Kilroe, have gone to extraordinary lengths to set me up. whom I counted as a friend. At the end of the For example, a forged letter, purporting to show dinner, unsolicited by me, I was presented with that I had taken steps to open a bank account in cash of the order of Stg£8,000, made up by indi- Mauritius, was sent to the Moriarty tribunal. I can vidual contributions from an attendance of 1257 Disclosures relating to the 3 October 2006. Mahon Tribunal: Statements 1258 approximately 25 people. Mr. Kilroe presented of Finance did not pay the costs of my travel or the moneys to me and I presume he had collected accommodation; I did. Fourth, no script was pre- them as well. Unfortunately, Mr. Kilroe has since pared by officials in the Department of Finance, died and it is not possible to obtain any list of as would normally be the case if I was giving a attendees or contributors at this remove, 12 speech on official business and, thus, by virtue of years later. my office. Fifth, I was accompanied on the trip I can confirm that Mr. John Kennedy attended not by officials, but by a number of friends who the dinner, as he has publicly stated. As I attended a Manchester United fixture. Sixth, I attended various other functions in Manchester attended similar events before and after the 1994 over the years, I cannot state with certainty who one both while in office and out of office. Sev- were the other persons in attendance. I do not enth, at the 1994 event, I was given approximately want to name someone by mistake and then be Stg£8,000. These moneys were not solicited by accused of misleading the House. me. The above facts lead to only one rational con- I travelled to Manchester with a number of per- clusion. My attendance in Manchester and at the sonal friends — as I did for all of the matches — event was not in an official capacity. I was not at and on this occasion, my friends also attended the the event in Manchester by virtue of my office. function. Senator Kett was on this trip and The 1983 Government procedure instruction sim- attended this function. If the names of any other ply did not apply. I have received advice from people who attended come to my attention and if counsel that I was not in breach of the 1983 I can be certain that they attended, I will pass Government procedure instruction. Counsel have their names on to the tribunal. stated clearly and unequivocally that paragraph I did not receive the money as a fee for a 31 of the instruction did not apply to the Manch- speaking engagement. In fact, I did not even ester event and the moneys received on that deliver a formal speech. I merely said a few words occasion. and engaged in an informal question and answer I refer to the legal context in which these session. I did not solicit the money. I did not events occurred. The obligations that apply to expect to receive it. I believe Mr. Kilroe organ- officeholders under the relevant legislation and ised a collection at the function for me because code of conduct are significantly more detailed he knew, through friends, of my personal circum- now than in 1993 and 1994. However, the spirit stances, and that he may have told others. and intent are broadly similar. At that time the There are two fundamental issues that I now Government procedure instructions envisaged want to address: first, whether any code of ethics that Ministers would not accept expensive gifts or conduct was breached; and second, whether arising from the performance of their duties. The there is any tax liability in respect of the receipt Ethics in Public Office Bill 1995 was prepared by by me of the sum of approximately Stg£8,000. a Government of which I was a member. In the The 1983 Government Procedure Instruction, case of gifts to officeholders the main purpose of which was applicable in 1994, is crystal clear. It the Bill, as described by the then Minister of State states there are no formal guidelines on the issue at the Department of Finance, Eithne Fitzgerald, of gifts to Ministers. The practice has been to in the House was to provide “that if a gift is given accept relatively inexpensive gifts to mark to a officeholder and if the value of that gift occasions such as official openings. There was a exceeds £500, that gift becomes the property of practice relating to expensive gifts given to Mini- the State in cases where the gift is given by virtue sters — that practice related to gifts given to of that office”. There was no intention of Ministers by virtue of their office. inhibiting the normal relationships of support and Indeed, section 15 of the Ethics in Public Office solidarity between friends when there was clearly Act 1995, which was not in force at the time of no intention of influencing or compromising an the Manchester event, reflects this principle by officeholder. This was made evident during the stating explicitly that the rules apply to gifts given debate on this Bill. For example, in June 1995, to the officeholder “by virtue of his or her office” concern was expressed by a number of Deputies — personal gifts and donations are expressly as to whether it was appropriate that the fact that excluded. The 1983 instruction did not address medical or legal services had been supplied free personal gifts or political donations. The sum in or below cost to a Member would be required to the region of Stg£8,000 was not received by virtue be disclosed. A particular possibility of whether of my office. It was given to me personally by a legal services being provided in anticipation of group of approximately 25 people to whom I ultimate payment on conclusion of a case or a spoke in a personal capacity. tribunal of inquiry would require to be disclosed I shall explain why there was no breach of the in respect of a year when the fee had not yet been Government procedure instruction. First, the trip paid. That was argued to be unacceptable. was personal. It does not appear in my ministerial These issues were repeated during the Seanad diary, which would be the case if it was an official debate on the Bill in July 1995. The Minister of trip. Second, no formal invitation was extended State, Deputy Eithne Fitzgerald, assured Senators to me as Minister as Finance or sent to the that “medical or legal services supplied free or at Department of Finance. Third, the Department a discount to a value of more than £500 where 1259 Disclosures relating to the 3 October 2006. Mahon Tribunal: Statements 1260

[The Taoiseach.] There are few of us with the benefit of hind- this is provided by a friend or relative without sight who would not change some of our past any suggestion of trying to influence or create an decisions. No one is infallible or perfect. If I had obligation” would not require disclosure of any anticipated in 1993 and 1994 that my decision to kind. She said, “If somebody’s friends organised accept loans from friends or the gifts of moneys for personal reasons to pay for his or her medical in Manchester would cause such difficulties and treatment, they are not trying to influence that media intrusion for my family and friends and person in the performance of his or her functions would give rise to distortion of my motives and and this would be exempt”. Reading through misrepresentation of my conduct, I would not those debates, this was the understanding under have accepted a penny. As I surveyed events of which politicians by sponsoring the Ethics in the past two weeks, I realised that my judgment Public Office Bill 1995 were intended to be bound in accepting help from good and loyal friends and at the time of these events in 1993 and 1994. It the gift in Manchester, albeit in the context of was clearly understood that, in the appropriate personal and family circumstances, was an error. context, politicians could receive gifts from It was a misjudgment, although not in breach of friends without creating obligations or requiring any law or code of conduct at the time. It was not disclosure. This was especially the case when the illegal or impermissible to have done what I did privacy of their personal lives reasonably but I now regret the choices I made in those diffi- required protection as in the case of legal, medi- cult and dark times. The bewilderment caused to cal and, I would say, family circumstances. Mini- the public about recent revelations has been sters could also accept gifts of a modest character deeply upsetting for me and others near and dear defined as less than £500 even if this arose in the to me. To them, to the Irish people and to this context of official duties. Furthermore, under the House, I offer my apologies. legislation which the Government at that time put forward, the Electoral (Amendment) Bill 1994, Mr. Kenny: This is supposed to be account- donations received for political as opposed to ability day. This is supposed to be the day when personal reasons could be retained and disclosed standards are defined and adhered to. This only where the individual donation exceeded Taoiseach is still the great evader. I was elected £500. to the House in 1975 while the Taoiseach was elected in 1977. Through those years I have Given my family and personal circumstances, watched his rise through Fianna Fa´il as a Minister which provided the context for the loans and gifts of State, Whip, Minister and Taoiseach. In all I accepted in 1993 and 1994 and given the clear those years in politics, I have never descended to intent of those who made these payments in the level of bitter personal activities in this respect of my personal purposes, I have given the House. That has been my stand for 30 years, it content of the ethical code in place then and since has been my stand in this controversy and it will then. I consider that I had not breached my obli- be my stand in Government. No Member of the gations as an officeholder in any way. Ministers Opposition raised the issue of the Taoiseach’s from all political backgrounds can and do attend sensitive, emotional marital circumstances. These fundraising events and receive donations and per- were brought into the public domain by the sonal gifts. Moneys are raised at such functions Taoiseach himself and a litany of Fianna Fa´il attended by Ministers but they do not attend in Ministers over the past 12 days. an official capacity or they do not raise these funds by virtue of their office. What matters is Deputies: Hear, hear. that funds are only received in circumstances which are legally and ethically permissible and, (Interruptions). especially, that the receipt of the funds does not give rise to the expectation of a quid pro quo. An Ceann Comhairle: Allow Deputy Kenny to The Manchester event did not involve any quid proceed without interruption. pro quo for anyone. I have been separately advised by two eminent Mr. Kenny: The Minister for the Environment, tax advisers that I have no tax liability in respect Heritage and Local Government, Deputy Roche, of the Manchester moneys. The funds were from can check the record. I respect utterly the persons based in the Manchester area who are Taoiseach’s right to a private life and his family’s not based in Ireland and, therefore, the sums right to a private life. This is no business of mine were not chargeable to gift tax. In any event, the and I will not stray into that area. aggregate sum was less than IR£8,000 and this Politically my attitude is radically different was well below the threshold for any gift tax that from the Taoiseach who came into the house just then applied, which was more than IR£11,000. a short time after myself. For 12 days we have Bearing in mind the small gift exemption of £500 witnessed him with each intervention he has which then applied, there would be no question made failing to clarify matters. Today, he did not of a liability to gift tax. The funds were later address the fundamental issue at stake. There are lodged to my bank account in AIB in Dublin. many things we do not know about these matters 1261 Disclosures relating to the 3 October 2006. Mahon Tribunal: Statements 1262 and we hope to get some answers in the follow- [My friends] wanted to raise a function for ing period. me. 1,000 a head, 25,30 people. I said no, I We know a couple of fundamental facts. The wasn’t going to do that. That was personal Taoiseach admitted to accepting, while Minister [money]. Anyone does that, it’s for politics, so for Finance in 1993 and 1994, cash to the value of I refused. \ 61,000 from businessmen friends and associates. Good man. However, the Taoiseach saw nothing We know that this cash was accepted by the wrong with personally accepting \12,000 raised Taoiseach after three separate collections. We by friends in Manchester, except this time it was know too that the Taoiseach claims to have had from 25 people at \500 a head. Why, by his own \ 63,000 of personal savings at a time when he had standards, was it wrong in Dublin but right in no bank account. Manchester? The Taoiseach is the accountant. He We thought that the culture of old Fianna Fa´il knows the tax laws. Was it because a personal — that of Haughey, Burke and others — was long donation in Dublin would be taxable but one since gone, but it appears to be accepted again by from Manchester would not? the Ministers, Deputies Cullen, Martin, Cowen, Second, the Taoiseach’s taking of \12,000 in O’Dea, Roche, Hanafin, Coughlan and O´ Cuı´v, Manchester deserves some straight answers. He and the Minister of State, Deputy Conor was speaking to a business organisation about the Lenihan. All have come out and stated the Irish economy. By any interpretation, it would be Taoiseach did no wrong. The only Deputy to unthinkable for a Minister to put money in his or break the silence, the omerta, was Deputy Nolan her pocket. If the Secretary General of the from the backbenches, where he will probably Department accepted money at any such func- stay. tion, that person would be sacked by the Does the following sound familiar? “I am tak- Taoiseach the following morning, rightly so. ing the opportunity to state unequivocally that I have done nothing illegal, unethical or An Ceann Comhairle: The Deputy’s time is improper.” These are the words of former concluded. Deputy Raphael Burke spoken in this House on 10 September 1997 — same words, same stan- Mr. Kenny: The Taoiseach cannot apply one dards, but a different application. I thought this standard to himself and a different one to others. country had moved on from that period. I Did he not think it strange or unusual that it was thought we had moved away from the Haughey at this event only that he received payment? era of the 1980s but, apparently, new Fianna Fa´il Third, the Taoiseach has claimed persistently resurrects the same old standards in the same that the first payment of £16,500 came from indi- old way. viduals and that now, 13 years later, he has repaid Of the first two items, the collection and those individuals. Can he explain how at least one acceptance by a Minister for Finance of cash to of those payments was made by company the value of \61,000, we know one fundamental cheque? When he made efforts over the years to repay that company, what was its response in fact — it was wrong. There is no need for dis- respect of the cheque issued to him? Can he cussion of ethics, no need for legislation, no need explain why he accepted a loan from eight people for guidelines. When the Taoiseach put his hand to pay one loan to a bank, if that was the case? on that money in his then capacity as Minister for Finance, private or public, he did wrong. An Ceann Comhairle: The Deputy’s time is concluded. Deputies: Hear, hear. Mr. Kenny: Finally, the Taoiseach in his inter- Mr. Kenny: He was wrong to conceal it for the view with Brian Dobson referred to whether it past 13 years, wrong to condemn hypocritically in was a political donation or a personal donation. this House when he knew he had accepted The Taoiseach appears to consider the idea that money, and wrong to declare he had done this was first a political donation, which therefore nothing wrong. Today, he says it is an error and could be passed to his party or constituency. a misjudgment, honest or otherwise. He refuses What made him decide it was really a personal to face the questions I asked him last week. Is he donation that would go into his own pocket? Was man enough to state that what he did in accepting it made by cash or cheque? this money for personal use was wrong? I would like the Taoiseach to answer the fol- An Ceann Comhairle: I ask the Deputy to give lowing questions. Last week, I asked him whether way to Deputy Rabbitte. he would admit to his actions being wrong. Last Sunday he wrote: “I have done nothing wrong. I Mr. Kenny: At any of the previous Manchester stand over everything I did.” That is an appli- dinners, were the Taoiseach or any of his associ- cation of double standards — preach one thing, ates given a contribution that was political and do another. The Taoiseach told RTE newscaster was passed on to his party or constituency? Was Brian Dobson: there any other function—— 1263 Disclosures relating to the 3 October 2006. Mahon Tribunal: Statements 1264

An Ceann Comhairle: I ask the Deputy to give of State, Deputy Conor Lenihan, ridicule Oppo- way to Deputy Rabbitte. The House has just sition restraint. It was, he said, ineffectiveness, agreed an order on this business. not decency, on the part of the Opposition. The suggestion, apparently, is that the Opposition Mr. Ring: The Ceann Comhairle gave way to should cut through the smokescreen to the heart the Taoiseach last week. of the matter. To me the heart of the matter is this; did the Mr. Kenny: ——either in this jurisdiction, Taoiseach do wrong? Is it remotely credible that Great Britain or the United States, where a moneys outstanding for 13 years, without repay- similar whip around was made for the Taoiseach ment of any kind, can suddenly be categorised as personally? loans? One does not need to be as bright as the Minister of State, Deputy Conor Lenihan, to An Ceann Comhairle: The Deputy has gone know that these transactions, if they happened, minutes over time. I call Deputy Rabbitte. were gifts and therefore have tax implications. On the Manchester moneys, can we do more Mr. Allen: Brian Dobson got 20 minutes. Take than highlight the absolute impropriety of a serv- it easy. ing Minister for Finance accepting payment for a (Interruptions). nixer outside the State? Never mind the “no law was broken” defence. By any standards, it was An Ceann Comhairle: The House has just wrong. What would have happened, as Deputy agreed an order. I call Deputy Rabbitte. Kenny asked, to a senior civil servant in the Department of Finance if he had trousered Mr. Kenny: The Taoiseach on that occasion in private money from such an event? He would Manchester represented my country, our people have been dismissed. Why is it all right for the and our Government. Minister for Finance but not all right for a civil servant in his Department? Mr. D. Ahern: No, he did not. What does one say about this Government’s standards when not a single Cabinet Minister can A Deputy: He was the Minister. bring himself or herself to say that what hap- pened at Manchester was wrong? One would Mr. C. Lenihan: Deputy Kenny will not listen. believe in the tooth fairy if one believes that busi- He had five minutes to get the point but he did nessmen happen along to a function in a posh not get it. hotel to listen to any old Joe Soap lecture on the Irish economy and then organise an impromptu A Deputy: He is 30 years in the Da´il and still whip around to give him something for himself. does not get it. In normal life one gets gifts from one’s friends and one takes loans from strangers. Yet, Mr. Mr. Roche: Can he be that dull? Ahern says he got loans from his friends and took gifts from strangers. Mr. Kenny: In his taking of that money, those Maybe the Minister of State, Deputy Conor who contributed, for whatever reason, saw him Lenihan’s, derision of the Opposition is because not as a citizen from Drumcondra but as a named we did not adequately probe the discreet veil person, Bertie Ahern, the Irish Minister for \ Finance. drawn over the other 50,000 which Mr. Ahern enigmatically tells us he put back into his account. An Ceann Comhairle: The Deputy cannot go “Back into his account from where?” is the ques- on indefinitely. There is an order of the House by tion that must be answered. Where was the \ which we are all bound. I call Deputy Rabbitte. 50,000 resting since the then Minister, Deputy Bertie Ahern, did not have a bank account? Was Mr. Kenny: In putting his hand on that money, it resting in a sock or in the hot press? If the he diminished the standard of his office and let Taoiseach says this \50,000 was savings, I accept down the young people of this country. that, but he enjoyed a ministerial and Deputy’s salary and the use of a premises bought for him Mr. Rabbitte: It is fair to state that the Oppo- by friends of Fianna Fa´il. In those circumstances, sition has shown restraint in the matter of the how can he be portrayed as living in straitened Taoiseach accepting money for private use while conditions? If he had \50,000 in savings, why was a Minister. However, since Mr. Ahern had it necessary to raise a bank loan? If a bank loan created a context that sought to explain the was in place, why was it necessary to have a whip- Drumcondra moneys in terms of his private around to replace the bank loan? family affairs, common decency required that Any Opposition doing its job must ask the Opposition politicians should have demonstrated Taoiseach whether he has evaded tax. Why did a certain restraint. Today, for the first time, he he say that he paid capital gains tax and gift tax? seeks to drag the Manchester moneys into that How is it relevant in this case? Is he serious when same category. On Sunday, I heard the Minister he tells the country that he had no bank account 1265 Disclosures relating to the 3 October 2006. Mahon Tribunal: Statements 1266 when he was Minister for Finance? Did he have blind to standards and defending the inde- a bank account elsewhere on the island? Did he fensible. have a bank account outside the jurisdiction or did someone open an account on his behalf? If Deputies: Hear, hear. the whip-around was among friends, why was a company cheque issued for £5,000 from NCB? (Interruptions). How many times has NCB been retained by the State? How does this sit with the Taoiseach’s An Ceann Comhairle: Deputy Sargent, with- claim that they were friends and not big business? out interruption. How many of the donors were appointed on how many occasions to State boards? Who were the Mr. Sargent: This debate is not about the donors in Manchester whose identity the Ta´naiste Taoiseach’s personal life, Mauritius, forged let- said he needed to know? We are now down to ters or the leaking of information. The tribunal is two donors, one of whom is deceased. What was dealing with this and, as the Taoiseach would say, that function? Are these people involved in busi- we should let it deal with it. The Government has ness in Ireland and did they get State contracts? some nerve to condemn leaks, given the way in Is this another loop in the golden circle? which the Ta´naiste and Minister for Justice, Our new Ta´naiste is also impatient with the Equality and Law Reform has used his position Opposition. On Thursday, he told the House that to leak Garda files to selected journalists, while he could scarcely forebear to sit there and watch the Taoiseach stood by him. the Opposition squander its accountability time. Mr. F. McGrath: Hear, hear. It is disgraceful An Ceann Comhairle: Deputy Rabbitte’s time carry-on. has concluded. Mr. Sargent: This debate is not about searching Mr. Rabbitte: The Ta´naiste had better grow for a head on a plate but about ensuring that we accustomed to sitting in silence because after this have proper standards in Irish political life. This debacle for the Progressive Democrats, the only affair is about facts of legitimate public interest. question he will be permitted to ask in Cabinet is It is about the fact that the Taoiseach took gifts “An bhfuil cead agam dul amach?”. The from businesses and businessmen, that only ten Ta´naiste, Deputy McDowell, sought and got a days ago he misrepresented the established facts mandate as moral watchdog on Fianna Fa´il in on Clare FM and has attempted to avoid answer- government. He has comprehensively failed his ing legitimate questions on the matter ever since, first test and, as he stated, a party that stands for that, as Minister for Finance, he secured pay- nothing will stand for anything. ments for personal benefit and that he has trans- We should forget about the orchestrated gressed ethical standards that a Minister or head phone-ins, the unscientific opinion polls and the of Government would have to follow in Scandina- packed television audiences. The question is via, Germany, the UK, the USA or any other whether it was right or wrong for the Minister for developed country. Finance of the day to accept money for private Faced with these facts last week, the use. Taoiseach’s colleagues in Fianna Fa´il seemed unsure of whether he was an asset or a liability. An Ceann Comhairle: Deputy Rabbitte’s time One Fianna Fa´il Deputy was quoted as saying has concluded. “I’m baffled and I don’t know what to think.” Only one went so far as to admit that the Mr. Rabbitte: The Taoiseach is on record as Taoiseach was compromised, but then, on mature saying that he did nothing wrong and he repeated reflection, he changed his mind. On this side of this assertion today. The Progressive Democrats the House, we have given the Taoiseach every are still happy with the excuse of “if he had the opportunity to resolve the issues, which are benefit of hindsight” and “it was an error”, yet entirely of his own making. As the Green Party the Minister of State, Deputy Brian Lenihan, is has a sense of fair play, we wanted to listen to the only Minister to say that what took place in him, but so far we are not impressed. Manchester was unthinkable. All the other Mini- This debate is about trust in politics. It is about sters — Deputies Cowen, Hanafin, Coughlan, people faced with lifelong mortgages being Dermot Ahern, Noel Dempsey, O’Donoghue, impoverished to pay for the speculative profits O’Dea, Martin and Cullen — said that they could that the Taoiseach allowed a small group of see nothing wrong with it. developers to accrue. Shame on the Taoiseach for being beholden to these vested interests. We An Ceann Comhairle: I ask Deputy Rabbitte cannot allow cynicism about our democratic to give way to Deputy Sargent. system to grow. Shame on the Taoiseach for undermining the people’s trust and for bringing Mr. Rabbitte: If anything demonstrates why the office of Taoiseach into disrepute. this country needs a change of Government, it is This debate is about living and working accord- the media parade of the Taoiseach’s Ministers ing to the standards that the Taoiseach purported 1267 Disclosures relating to the 3 October 2006. Mahon Tribunal: Statements 1268

[Mr. Sargent.] Mr. Sargent: The Taoiseach has choices. He to hold and the good name of this country. Fun- can take positive action to clean up Irish politics, damentally, this debate is about right and wrong. do the decent thing and resign or give the elect- The Ethics in Public Life Act may not have orate the choice of his politics or mine. existed in 1994 but ethics certainly did. What the Taoiseach did in taking money from businesses Mr. Gogarty: Hear, hear. and businessmen was and is totally inappropriate and improper. It was unethical and wrong. Most Caoimhghı´nO´ Caola´in: The Taoiseach was seriously, he has undermined his leadership by clearly wrong to accept the personal donation at surrendering his moral authority. How can he be the Manchester event when he was Minister for expected to bring to book the Ministers who Finance. It would appear that most people serve with him? They will ask, “Who are you to believe he was not personally corrupt, unlike set standards?” In addressing the question of many within his party at the time. However, only whether what the Taoiseach did was right, I am the most naive believe he was not aware of what struck by the fact that not one of his Ministers went on in the brown-envelope and blank-cheque said that what he did was right. His deputy leader culture of the Fianna Fa´il leadership and among says he is “not incorrect”, which is clearly the many of its elected members at that time. formulation of a lawyer and, as a defence, is both weak and irrelevant to this debate. Mr. N. Dempsey: The Deputy’s election was It must be noted that the Taoiseach is not the bankrolled. only person to have shown himself to be ethically compromised in the course of this affair. The Pro- (Interruptions). gressive Democrats have shown themselves to be now more interested in clinging to power than in An Ceann Comhairle: Deputy O´ Caola´in with- standards in public office. Meanwhile, Govern- out interruption, please. ment parties and other parties in this House con- tinue to accept corporate donations, leaving Caoimhghı´nO´ Caola´in: Of course it was not themselves beholden to corporate interests. confined to Fianna Fa´il. Fine Gael has shown, The Taoiseach has three options by which he through the tribunals, that it too shares a similar can show some leadership. He can resign. By his culture. There is no suggestion that members of own standards, which he set out in 1997 and the current Fianna Fa´il-PD Cabinet have person- which he has applied to other office holders, he ally benefited from bribes or backhanders during would have gone. If I was in the Taoiseach’s posi- their term of office. However, there is an old say- tion, I would have had no option but to resign. ing about the British journalist that could be Alternatively, he can go to the people and give adapted to this Government: “You cannot hope them the choice of whose ethics and political cul- to bribe or twist, thank God, the British journal- ture they want running this country. ist, but seeing what the man will do unbribed, there’s no occasion to”. (Interruptions). During this Government’s term of office, prop- Mr. Sargent: There is a third option, which erty speculators and developers have benefitted would also be a positive action. Will the directly, as never before, from Government Taoiseach introduce legislation to ban corporate decisions. The Fianna Fa´il tent at the Galway donations to political parties and limit personal races has become a symbol of power, greed and donations to nominal sums rather than a sum elitism in Ireland—— equalling the price of a house or a large yacht? Will he cut the financial ties between vested Mr. C. Lenihan: And the Northern Bank interests and policymakers forever? robbery. By normal standards, including his own expressed standards, the Taoiseach should not Caoimhghı´nO´ Caola´in: ——the way Dublin still hold his position. He has lost moral authority. Castle and the Kildare Street Club once were. What he has done is not right. It is ´ 5 o’clock unethical and improper and does not An Ceann Comhairle: Deputy O Caola´in with- befit high office. However, the issue out interruption. is bigger than the Taoiseach and his job, his party or, indeed, his coalition partners. We have taken Caoimhghı´nO´ Caola´in: The gulf of inequality up too much newsprint, too much air time and within our society has widened, something the too much legislative time with this affair. We new Ta´naiste, the self-styled moral guardian of need to end it and let politics return to the issues, the Government, thinks is a good thing. If it was namely, the chronic issues in health, housing, wrong for the then Minister for Finance to accept transport, education and energy. money gifts from wealthy business people in 1994, is it not even more wrong for a Taoiseach and An Ceann Comhairle: Deputy Sargent’s time the Government to have surrendered the State’s has concluded. housing policy for the past decade to speculators 1269 Disclosures relating to the 3 October 2006. Mahon Tribunal: Statements 1270 and unscrupulous developers who are fleecing A Deputy: Where does the Deputy get the families—— money?

Mr. Glennon: And bank robbers. Caoimhghı´nO´ Caola´in: I might add there are no marches on the streets about the current Caoimhghı´nO´ Caola´in: ——with the ever controversy but people are taking to the streets spiralling costs of housing. demanding their healthcare rights, as we saw recently in Monaghan and as we will see again on ´ An Ceann Comhairle: Please allow Deputy O Saturday, 21 October when we in Sinn Fe´in hold Caola´in to continue without interruption. a healthcare rally in Dublin. ´ Caoimhghı´nOCaola´in: These are the same Mr. Glennon: Will the Deputy give them a 30- developers who successfully lobbied the Govern- minute warning? ment to amend Part V of the Planning and Development Act so they would not have to meet Mr. Roche: Will Mountbatten’s murderer be their legal obligation to provide 20% social and there, too? affordable housing in all developments. This Government has brought in a form of legalised An Ceann Comhairle: Deputy O´ Caola´in with- bribery—— out interruption, please.

A Deputy: It will be legalising smuggling next. Caoimhghı´nO´ Caola´in: In the last number of ´ weeks we have seen the announcement of almost Caoimhghı´nOCaola´in: ——because it has 1,400 job losses across this State in Limerick, allowed the developers to pay off the local Carlow, Cork, Waterford, Inchicore in Dublin authorities. and in my home county of Monaghan. It is unlikely however, that many of them will have (Interruptions). circles of wealthy friends ready to help them out An Ceann Comhairle: Allow Deputy O´ in such a time of financial crisis. Today, at Ballin- Caola´in to continue, please. aboy in Mayo, we saw another example of the natural consequences of the connection between Caoimhghı´nO´ Caola´in: What other lobby Fianna Fa´il and big business. Early this morning, group could have turned around key legislation gardaı´ were outsourced to Shell Oil to serve as in the same way? their enforcers against local people who have maintained a round-the-clock vigil at the site in Mr. D. Ahern: Deputy O´ Caola´in of all people. protest at attempts to force a dangerous and unsafe pipeline through their community. A Deputy: He has a brass neck. Mr. C. Lenihan: What about Slab Oil? An Ceann Comhairle: Ciu´ nas. An Ceann Comhairle: Allow Deputy O´ Caoimhghı´nO´ Caola´in: That is just one of the Caola´in to conclude. Your time has concluded. many reasons why this Taoiseach, this Ta´naiste and the rest of this Cabinet should be thrown out Caoimhghı´nO´ Caola´in: It is a pity, a Cheann of Government. These are far bigger issues than Comhairle, that you would not endeavour to the current controversy. It is a shame on many in allow me the same opportunity to be heard in this this House and, indeed, on commentators in the House as every other Member. However, the media, that they have failed to recognise them. cacophony of fools will not drown out the truth as the people know it only too well. Mr. D. Ahern: Deputy O´ Caola´in has a very short memory. Mr. J. Brady: Where did Slab Murphy get it?

Caoimhghı´nO´ Caola´in: If the Manchester pay- An Ceann Comhairle: The Deputy’s time has ment was, in the words of the Irish Independent, concluded. “morally wrong”, are decisions which adversely affect the lives of hundreds of thousands of Caoimhghı´nO´ Caola´in: This morning two of people not also morally wrong? Are they not also the protesters were injured while being dragged deserving of media attention and commentary? from the road at the behest of Shell. What about What about the massive tax breaks and the allo- the role of former Minister, Ray Burke, in the cation of land at public hospital sites for devel- negotiation of the terms for oil and gas explor- opers of private for-profit hospitals? This is in the ation, the most generous offered anywhere in the context of a grossly inequitable health service world to the major multinationals? Let there be where instead of the promised 3,000 beds, we no mistake about it, the people deserve an expla- have had a thousand trolley usages over the past nation from the Taoiseach about this series of five days. payments, loans and gifts from wealthy busi- 1271 Disclosures relating to the 3 October 2006. Mahon Tribunal: Statements 1272

´ [Caoimhghı´nOCaola´in.] who financed the parties opposite. Tens of thou- nessmen. However, the events of the last week sands are terrified of the mortgage increases — should not distract us from this Government’s perhaps up to \200 a month — they fear are now long-standing political bankruptcy. That is some- due. That amounts to \2,400 a year, which will thing that no whip-around will be able to remedy. virtually impoverish them but it is cigar money to All of these are valid reasons why this Fianna the wealthy people who finance the Taoiseach. Fa´il-PD coalition should resign from office Most shamefully, look at how Fianna Fa´il and the immediately and go to the people. The people are Progressive Democrats were obliging the Shell ready to give judgment. Oil Corporation this morning, manhandling the decent people of Erris, so that Shell, the most Mr. J. Higgins: People will be relieved that the notorious polluter and profiteer virtually on the Fianna Fa´il backbenchers have been cured of the globe, can get the gas they have given it for collective laryngitis that struck them silent last nothing out of the sea. This process started with week. the then Minister, Mr. Ray Burke, in 1997 and continued in 1992 under the Minister for Finance, A Deputy: We were not handcuffed, Joe. now Taoiseach, when they gave fabulous natural resources to these companies for absolutely Mr. J. Higgins: We now know that Fianna Fa´il Ministers see nothing wrong with a Minister for nothing in secret deals. How much did Fianna Finance taking large amounts of money for per- Fa´il and the Progressive Democrats get from the sonal use from business interests as long, they say, oil companies? as there is no proof that any specific favours were How nauseating, in view of all this, to see done. Thereby, they defend not only the major Fianna Fa´il and the Progressive Democrats, the conflict of interest involving the Taoiseach when Taoiseach and the Ta´naiste, reduce this whole he accepted \60,000 from wealthy individuals, but controversy, this nexus of patronage and sleaze, they also defend the sleaze, cronyism, patronage to a cynical game of scrabble, of bending and and corruption that pervaded politics in the 1980s twisting words so that both parties can walk out and 1990s. Not one person was caught in the claiming to be vindicated. Taking large amounts middle of that who did not come up with the of money from business, as the Taoiseach has said same catch-cry: “We did no favours and we did today, was an error and a misjudgment not nothing wrong”. How could Fianna Fa´il Ministers because it was wrong, not because there was a think there was anything wrong when the Fianna massive conflict of interest, but because it came Fa´il Party is massively financed by big business? out into the open and caused grief and conster- Big business financing individual leaders on the nation to the Taoiseach and his friends. The one hand, or the party on the other, is a continu- Ta´naiste and leader of the Progressive Democrats ous process. sits beside him and applauds that particular There is a tendency to isolate this controversy statement. of moneys to the Taoiseach but it cannot be What the Ta´naiste is doing today is propping boxed off from the Taoiseach’s relationship with up an unreconstructed Fianna Fa´il Party, still big business interests, Fianna Fa´il’s relationship defending sleaze after ten years of investigation. with big business interests, and the PD’s relation- Was it for this that the Ta´naiste flew to the tops ship with big business interests — they accept of the lamp posts all over Dublin to tell us we massive funds from those sources as well. It was needed him in Government to straighten out the the Taoiseach’s associate who helped him with his Fianna Fa´il chancers? That event has now been personal donations; who, in the 1990s, sat in a exposed for the hollow stunt that it was. plush Dublin hotel and took in millions from speculators, developers, multinational corpor- An Ceann Comhairle: The Deputy’s time has ations, oil companies and any kind of moneybags concluded. that darkened the door of his plush suite. Every ordinary person knows that business does this to Mr. J. Higgins: He would not dare repeat it at influence Government policies, and that it suc- the next election. ceeds. Ordinary people are the victims of this. Look at the strife, struggle and stress that young A Deputy: He would. people must endure to secure the basic right of a roof over their heads because the Fianna Fa´il- backing speculators have put the price of a home Mr. J. Higgins: He might try, but at least out of their reach. The Government sat and let nobody will believe him this time. The lamp posts them do it for ten years. will be left to the poodles of Ranelagh to do at the base what the Ta´naiste is doing today to the Mr. B. Lenihan: What about the houses built alleged standards he defended when he climbed in the Deputy’s constituency? up his ladder. This tawdry affair exposes a Government Mr. J. Higgins: Tens of thousands were heart- utterly divorced from the reality of life of ordi- lessly priced out of the market by the speculators nary people,—— 1273 Visit of Polish 3 October 2006. Parliamentary Delegation 1274

An Ceann Comhairle: The Deputy will have raiser. That would have been a fundraiser where another opportunity at Leaders’ Questions. I was going to get the money and use that for personal circumstances. That was clearly wrong. Mr. J. Higgins: ——light years removed from It would have been organised as a fundraiser for the struggle of ordinary working people to spread me to do that. I said no. I said the only way that their wages over the mortgage, child care, trans- I would accept the money was on the basis that it port and the other problems. The Taoiseach would be loans that I would pay back. I would should go today not just for his grubby taking of have paid those loans back years ago, quite funds from business interests, but also because his frankly, except that when it came up it was stated being beholden to business generally has created that, because I was answering questions at the tri- a society—— bunals, it was better not to do it that way. Right or wrong, that was the decision I made at that An Ceann Comhairle: The Deputy has a stage. further opportunity on Leaders’ Questions. In regard to the Manchester issue, a contri- bution was made that I did not expect. It was not Mr. J. Higgins: ——that rewards the powerful a fundraising night. I was not present in my at enormous cost to ordinary people so let us official capacity or as part of my office; it was an have the general election now. There are further entirely different position. I will answer any of questions but I will delay them until Leaders’ the detailed issues. Questions. There are many detailed questions Deputy Rabbitte asked if I had savings and that the Taoiseach must still answer today. bank accounts. I think I reflected on that question but if I have to go into it, I will. He asked if I had The Taoiseach: There is a long period for any bank accounts in my own name. I had several detailed questions. For today, I will ignore the bank accounts in joint names with my wife, but I later political points made. I do not think any fair was not using those bank accounts at the time of examination of this issue would accept that sle- my separation until that was over. I had one aze, cronyism, corruption, big business interests account in my own name which was a dormant running the political process, conflicts of account. interests, patronage or any of the points made by The Deputy asked the fair question if I had the last few speakers are correct by any stretch of accounts anywhere else, if I had accounts outside the imagination. I said what I said earlier, so the State or if anyone outside the State opened there is no point going back over it. accounts for me. The answer to that question is Deputy Kenny and Deputy Rabbitte followed “No”. I had no other accounts whatsoever. I the points made. Deputy Kenny asked if I ran any operated for a fairly long period without a bank other fundraisers or received political donations account and did keep that money in my own pos- outside the State for myself. The answer to that session during that period. I had no other question is “No”. The reason I raised the issue accounts. I will answer the detailed questions, but was that it was there. Any other fundraisers I they were the relevant ones. would ever have been involved in were party pol- I will not go into the political questions today itical fundraisers and were done in the normal but I wish to make one point. Two party leaders way, but nothing was done for me. This was not have raised the issue of housing. I am very proud a fundraiser for me. It was not organised as a of the fact that the Government I lead has, in the fundraiser. As I had been present at these func- last few years, built 515,000 houses, a third of the tions many times, I was surprised that somebody entire housing stock of the country. The vast would offer me anything. It was done for the majority of those houses have gone to first-time same reason as the other issues. buyers. Deputy Rabbitte made a valid point which I will explain. I said today that the Manchester Mr. Gogarty: Where—— money was associated with the other payments. I actually lodged it on the same lodgment as the An Ceann Comhairle: The Taoiseach without £16,500 and it was related to exactly the same interruption. period and the same issue. Questions were raised about St. Luke’s. I do The Taoiseach: We have served the interests of not own it; St. Luke’s is owned by the Fianna Fa´il all the people in our policies, not the interests of Party. I have no long-term beneficial interest in business interests, and we have worked to it, but I declare my short-term interest in it as a achieve that. public office. Deputy Kenny asked if these loans were over Visit of Polish Parliamentary Delegation. a long period. I answered that question last week but I would like to answer it again. Some col- An Ceann Comhairle: Before proceeding to leagues of mine, knowing the difficulties — diffi- Leaders’ Questions, I wish on my own behalf and culties that in the cold light of day could have on behalf of the Members to offer a ce´ad mı´le been surmounted in another way — believed they fa´ilte, a most sincere welcome, to Mr. Marek were being helpful and wanted to run a fund- Jurek, Marshal of the Polish Sejm, and his del- 1275 Leaders’ 3 October 2006. Questions 1276

[An Ceann Comhairle.] An Ceann Comhairle: I ask the Deputy to put egation from the Polish Parliament. I express the his question, he has already had eight minutes. hope that they will find their visit enjoyable, suc- cessful and to our mutual benefit. Mr. Kenny: I know the Chair is very frisky and wants to get through this as quickly as he can. Leaders’ Questions. An Ceann Comhairle: The House agreed an Mr. Kenny: As the Taoiseach’s speech has not order unanimously and it is the function of the been circulated, as was supposed to happen, it is Chair to ensure that every Member of the House difficult to take a 15-minute contribution and adheres to the order that was made. understand the nuances of what has been a very carefully choreographed piece of programming Mr. Kenny: I make the point that the entire from the Progressive Democrats and Fianna Fa´il. Government will not accept that what the This is a bad day for accountability, the body poli- Taoiseach did in accepting the money in Manch- tic and the Progressive Democrats. It is a good ester was wrong. I ask him now, with regard to day for cynicism and hypocrisy. his comment in respect of the \16,500, was the money used towards the purchase of his house? Mr. Roche: It is a very important day for the Who started the collection at the function in Deputy. Manchester? Was it a Manchester person or was it one of the Taoiseach’s friends from Dublin and, Mr. Kenny: The Minister, Deputy Roche, will if so, does he know who it was? get his comeuppance one of these days. The Taoiseach: I do not think we have seen (Interruptions). any cynicism or hypocrisy today. I still believe as strongly in probity as I ever did. Deputy Kenny An Ceann Comhairle: Allow Deputy Kenny to asked two direct questions. He asked if I used speak without interruption. that money for the purchase of my house. The answer is “No”. I purchased my house with an Mr. Kenny: He will get his comeuppance. He Irish Permanent Building Society loan and some is probably the nastiest bit of goods of them all. I money from my current account which was not want to return to two fundamental issues. In his linked to this current account. I saw a report the response the Taoiseach said this was an error and other day that I bought my house for £67,000 or a misjudgment. This appears to be the best the something, but that is not true. My loan was an Progressive Democrats have been able to wring Irish Permanent Building Society loan and mort- out of all the contacts over the weekend between gage which I took out and paid over recent years. Tipperary, Dublin and everywhere else. This On the other issue, I had no knowledge that would not have happened in the days of the anybody was organising a fundraiser. None of the Ta´naiste’s immediate predecessor. She has a people who was with me asked anybody to raise clearer view of probity, justice, right and wrong funds for me in Manchester. Nobody did that. I than he who is supposed to be in charged of the do not believe that one of those I had told at the scales of justice in this country. end of that weekend was even aware of the issue. I would think that some of my friends would have Mr. Sargent: The most cunning of them all. spoken previously about my circumstances, but that was no secret to some of my friends in Mr. Kenny: When a Minister steps forward to Manchester because the issue of my personal cir- receive his or her seal of office from Uachtara´n cumstances had been in the newspapers a number na hE´ ireann, he or she crosses a threshold which of times that summer. is indivisible between private and public. While the Taoiseach may well have been in casual gear Mr. Kenny: I still cannot understand how any at the function in Manchester, those present saw Minister, particularly a senior Minister, could sit him not as an ordinary citizen but as a citizen who at a function and have £8,000 sterling collected happened to be the Minister for Finance. around the table, accept it and put his hand on it. The fundamental issue is that the Taoiseach will An Ceann Comhairle: The Deputy’s two not accept that action was wrong, that it sends minutes are up. out a signal about politics and politicians in Ireland that is incredible for every young person Mr. Kenny: In that regard, the Taoiseach said with an interest, remote or otherwise, in politics. in respect of the \16,500, the second payment, All the Ministers here, including the Progressive that the payments were made in the form of cash, Democrats, accept that this is a standard that personal cheque or company cheque. The use to applies in Irish politics from the head of Govern- which the Taoiseach put that money is unclear. ment down. That is the difference between the In his television interview he said: “I had no Taoiseach’s party and mine. It is wrong and he is house, the house was gone so they decided to try afraid to admit it is wrong. The Ta´naiste is nod- to help me.” ding his head. He knows that to accept £8,000 1277 Leaders’ 3 October 2006. Questions 1278 sterling at a function in Manchester or anywhere they have a fundraising function they put the else, whether private or public, is utterly wrong funds raised into a political account and record and, as Ta´naiste and Minister for Justice, the names of the donors and whether somebody Equality and Law Reform, he should be man has contributed over \500. That is proper and is enough to stand up and say so. as it should be.

An Ceann Comhairle: The Deputy’s time has Mr. Connaughton: It is still wrong. concluded. The Taoiseach: I want to answer the Fine Gael Mr. Kenny: I have two questions. Is the leader’s question. I opted to tell the whole truth, Taoiseach saying that money received at a func- 100% truth, and did not say that something that tion like this is not to be considered as a matter was a personal sum was a political donation. If I of ethical judgment if there is no official invi- had been in Manchester last Friday and received tation or script and it is not in the Minister’s the same donation, I could have taken the list of diary? In other words, can one accept anything names from Tim Kilroe, put that money into my outside of that? political account and made a declaration. The reason I did not and the reason I raised it last An Ceann Comhairle: The Deputy will have week was that I did not want to be accused another opportunity to put questions. through some future leak, since everything may be leaked. I did not want to be caught in that way. Mr. Kenny: Is he saying that unless the pay- ment can be shown to create an obligation on the An Ceann Comhairle: The Taoiseach’s time officeholder in the performance of his or her duty has concluded. it is all right or that it must be shown that there is an obligation and otherwise it is fair game to The Taoiseach: I am making a distinction. I accept anything and everything? Is that the stan- have no problem with the current situation but to dard, which was evident in this case, that we must say that what I did was totally unethical is untrue. now accept from the Taoiseach? If I had been hypocritical, with a slight adjust- ment, I would have said it was a fundraiser. It was The Taoiseach: Deputy Kenny said the money not a fundraiser because I used it for myself and was collected around the table, as if I was sitting that was the reason I made the distinction. there and watching it, but that is not what hap- However, I still say it was an error. It was a lack pened. At the end of the night, Mr. Tim Kilroe, of judgment by me, and I am glad to say that. who owned the hotel, gave me the money. It was not collected like that. If I sat there in any capa- (Interruptions). city and saw that happen, I would not have accepted it, and I think the Deputy knows that. An Ceann Comhairle: Allow Deputy Rabbitte It was not that kind of position and it cannot be to speak without interruption, please. put forward as such. In the circumstances, I have said it was an Mr. Rabbitte: How can the Taoiseach say with error; it was a misjudgment. The Deputy has a straight face that he could have accepted the asked what the codes are. The codes are well money last week and put it into his political documented. I had a hand in later codes, but I account? This is the whole point. If he put it into did not have a hand in the codes then. Having his political account, he could only use it for pol- watched what has occurred over the past few itical purposes. He did not put it into his political weeks and having watched what I have been account; he put it into his personal account. Is faced with, I wonder what would happen in the that not the whole point? Why does the future. Any Member who attends a function and Taoiseach drag this red herring across it because receives a contribution of less than \500, if it is a it has absolutely nothing to do with it? fundraising issue he or she can put the donation The Taoiseach referred to the late Mr. Kilroe into his or her political donation account and collecting the money. I refer to his declamation record who gave it. Next January when the at Ballyjamesduff—— Member makes his or her declaration he or she can put down that somebody gave \500. That is Mr. McCormack: Come back, Paddy Reilly. all any Member does. The impression that has been given—— Mr. Rabbitte: ——when he said: What happened was that some of my own Mr. English: The Taoiseach is trying to twist it. friends were over there. I think some of them were there. On the one night they collected it. The Taoiseach: There are no twists. I will give Needless to say, it was not something I asked a factual position. I am conscious that I am not for. It was totally a surprise to me. just talking to this House. The position that operates for most Members in this House today It appears the lads collected it, not Mr. Kilroe. I under the Ethics in Public Office Act is that if am only quoting the Taoiseach’s own words to 1279 Leaders’ 3 October 2006. Questions 1280

[Mr. Rabbitte.] The Taoiseach: That is the point I am making. him. Does the Taoiseach still maintain that The Because I was honest I said it was not a political Irish Times was “off the wall” when it stated that donation and I kept it separate. the money being investigated by the tribunal was Deputy Rabbitte referred to my Cavan contri- between \50,000 and \100,000? We have three bution when the media asked me to make a leng- separate moieties: \39,000, or almost \50,000; thy reply — a question arises as to whether one £8,000 sterling and the other \50,000. How can should or should not do so in these instances, but the Taoiseach say that The Irish Times was “off I did so in order to be helpful — but they were the wall”? certainly not my friends who asked for this.

Mr. Cregan: They were his own savings. Mr. Rabbitte: Does the Taoiseach accept the record? Mr. Rabbitte: The Taoiseach has advice now. How can he say it was “off the wall”? I wish to The Taoiseach: I accept, if that is what is stated ask a question about the NCB cheque. The there, that it is incorrect. I made it clear through- out that it was not them. Taoiseach informed the House several times that On the NCB issue, the initial loan which I this was a group of friends helping him out at a received from eight friends, included money from time of distress. This cheque was a corporate Pa´draic O’Connor. This money came to me in the cheque. Has the Taoiseach made any inquiries form of a bank draft. It was not a cheque and with NCB about the status of the cheque, about could not therefore have been a company cheque. the tax liability attaching to it or anything else? I think everyone is aware that bank drafts are drawn on a specified bank and in this case it was Mr. D. Ahern: A City West cheque. drawn on the Bank of Ireland and does not carry the name of the person who drew it. As far as I Mr. Rabbitte: Why has the Taoiseach aban- was aware, Pa´draic O’Connor personally gave me doned the test he set down in the House when we this and I never believed anything else, and I previously discussed this matter a few years ago, repaid Pa´draic O’Connor. I have not discussed when he stated that if somebody sought to this with Pa´draic O’Connor. A number of my present something as a loan, he would need to friends wanted to give me a donation and I have incontrovertible, written evidence, including refused a donation. I stated that the only reason the arrangements for repayment entered into at I would accept it was based on the fact that it was the time? Why does that not apply in the case of a condition of a loan and that I would repay it. I Drumcondra moneys one and two? Incidentally, made that clear from the outset. I may not have if the Taoiseach lodged the money from Manch- gone back to every individual a number of times ester on the same day as he lodged Drumcondra but I went back to a number of individuals sev- two, when does that date the event in Manches- eral times and said that I was in a position to pay ter? If the Taoiseach tracked the event down to it and I would rather pay it. My savings were the Four Seasons Hotel, can he, for the sake of totally out of my own income, from my TD’s sal- completeness, say to the House when that part- ary and my salary as Minister for Finance. icular event took place? In answer to the question about the dates, I The Taoiseach cherry-picked the questions he was in Manchester at least seven times in 1994. I answered and the format facilitates that. In cannot say exactly which date it was but I think respect of the other \50,000, did that come that function was probably early in the season, in entirely from his salary and his parliamentary the autumn of 1994. However, I cannot be certain allowances? because from what I have been able to gather from people I—— The Taoiseach: I am not trying to cherry-pick Ms Shortall: What date is on the Manchester the questions. The point I made on the political cheque? funds was that at that time there was no such thing as a political account. Everybody at that Ms O. Mitchell: When was the money lodged? time would have lodged fundraising moneys, if they did not relate to the constituency, into their The Taoiseach: ——was in Manchester six or own accounts. I did not do so because I always seven times during 1994. kept them separate even though there was no obligation to do that. I know that people on all Mr. Rabbitte: This may be the case, but the sides of the House did that. If one reads the Taoiseach told the House that the Drumcondra debate on the public office Bill, one will read two was lodged in the early part of 1994. Will the what people did at that time. Taoiseach explain to the House how this gets the Progressive Democrats off the hook? Mr. Rabbitte: The Taoiseach has said it was not a political donation. Mr. O’Flynn: What hook are they on? 1281 Leaders’ 3 October 2006. Questions 1282

Mr. Rabbitte: What has changed since the questions that I should answer in detail, and in Ta´naiste told the House, with a grave demeanour, my speech and my answers today that is precisely that there were fundamental issues of public con- what I am doing. cern? I am glad to see we have now gone to advis- ing the Taoiseach on how to answer the ques- Mr. Gogarty: What about the three questions tions. What has changed? If they were grave asked by Deputy Sargent? issues of public concern last Thursday, how does the statement by the Taoiseach that with the The Taoiseach: The Ta´naiste and members of benefit of hindsight he made an error get the Pro- Government were not concocting anything over gressive Democrats off the hook? the weekend. We were working on the energy Green Paper, the national development plan and Mr. McCormack: They are not off the hook. the Book of Estimates.

Mr. Rabbitte: Is this the best basis for partner- Mr. F. McGrath: It is hot air. ship Government, that the Taoiseach rubs the noses of the minor partner in it? He makes them Mr. Gogarty: Playing fetch with the rottweiler. eat humble pie and he thinks that is a basis for The Taoiseach: I do not believe it was an issue going forward for whatever time is left to this for the Progressive Democrats in 1993 and 1994. Government. I was in coalition government with the Labour Party at that time. Mr. D. Ahern: The Deputy is on his seventh party. Mr. D. Ahern: Deputy Rabbitte was not there.

Mr. Rabbitte: There is nothing in the script cir- (Interruptions). culated by the Taoiseach that could justify the Progressive Democrats saying that the level of An Ceann Comhairle: I ask the Minister to accountability the Minister wanted and the allow the Taoiseach to speak without answers he wanted about the Manchester event interruption. in particular, the identity of the donors and so on, have come forward. None of them as come Mr. D. Ahern: He has been in so many parties forward. I ask the Taoiseach, before this debate he cannot remember. finishes, to set out clearly why the Progressive Democrats can stomach this. How did the The Taoiseach: As I said to my former col- Taoiseach reach an agreement over the weekend leagues who were in government with me at the with the Minister, Deputy McDowell? What hap- time, it applies to them too, my apologies for that. pened the Minister when he led his troops up the hill and then, like the old Duke of York, led them Mr. Rabbitte: It is all right. It will not happen down again? I can imagine how those fellows on again. the backbenches will treat him in the coming months. Mr. J. Higgins: On RTE, the Taoiseach made the point that one of the problems he had in the An Ceann Comhairle: Deputy Rabbitte will 1990s was with expensive legal fees as a result of have an opportunity to submit a question. I ask issues in which he was involved. Many Indepen- him to give way to the Taoiseach. dent Deputies have made the point to me in recent days that constituents of theirs facing the Mr. Rabbitte: I can imagine the way Fianna same fees were not able to proceed to the courts Fa´il backbenchers will treat him. No man should to try to get the justice they deserved because be subjected to this. The Ta´naiste did nothing they could not afford the fees being charged. In wrong. The Ta´naiste did not take money in the powerful position he had in Government Manchester. The Ta´naiste did nothing wrong and would it not have been a more appropriate the Progressive Democrats will be the main losers response for the Taoiseach, rather than take a in this. Is there any fairness in this business? hand-out from very wealthy friends, to have taken steps to curb the obscene level of fees a An Ceann Comhairle: I ask Deputy Rabbitte section of the Law Library charges ordinary to give way to the Taoiseach. people as they try to get justice? The Taoiseach also brought £50,000 worth of Mr. D. Ahern: Is that a big tongue in Deputy savings into the story. Why did he bring this into Rabbitte’s cheek? the public domain? Was it because a sum of £50,000 was deposited on one occasion when he An Ceann Comhairle: Allow the Taoiseach to eventually opened a bank account and the tri- continue without interruption. bunal asked him to explain it? If so, how did he accumulate that massive amount of £50,000? Did The Taoiseach: A number of people, including he accumulate it in cash and keep it in a shoebox the Ta´naiste, said that there were a number of as it grew month by month, year by year? Does 1283 Leaders’ 3 October 2006. Questions 1284

[Mr. J. Higgins.] Mr. Boyle: He is a socialist Taoiseach. he not believe it was extremely incongruous that a Minister for Finance of a modern capitalist The Taoiseach: While these were loans with economy for a period of years stashed his savings interest, I paid them back. If I had thought that in a shoebox? any of these issues would create this amount of conflict or fuss, it would have been far easier for An Ceann Comhairle: The Deputy’s time has me to pay it back on a bank loan. However, concluded. friends were friends and they tried to be helpful. They meant well. Ultimately it got me into more Mr. J. Higgins: Bill Gates sending his letters by trouble than it was worth. However, I paid it carrier pigeon comes to mind. back. The Taoiseach said today that it was an error and a misjudgement to have taken money from Ms Shortall: The Taoiseach got found out. these business people. Did he use those terms The Taoiseach: I do not accept that I was found only because of the problems caused for him in out. I do not consider accepting genuine loans the past week and the embarrassment and con- and paying back genuine interest is being found sternation to his party, not because it was wrong out. or because there was a potential conflict of interest? Mr. Connaughton: Some 13 years later.

The Taoiseach: I say to Deputy Higgins again, An Ceann Comhairle: It is Deputy Joe I did not take and neither will I ever say I took it Higgins’s question and he is quite competent to from business people. I accepted a loan that I deal with it himself. paid back with interest. I received \38,000 — a loan from friends — and paid back more than The Taoiseach: These allegations are made \90,000. I accepted it from them because they against me because I am uachtara´n Fianna Fa´il were friends and I paid it back to them because and Taoiseach. If every Member of the House they were friends. It was in that capacity that I had to deal with the same allegations and needed got it. to go through all their bank accounts over a pro- longed period and match up everything—— Ms Shortall: The Taoiseach was found out. Ms Shortall: Why is the Taoiseach trying to The Taoiseach: It was not because of anything block the tribunal? else. There have been efforts to make them into business people who came together. They were An Ceann Comhairle: Do I take it that is the long and trusted friends of mine for many Labour Party question? decades. The issue of savings arose because of complete- The Taoiseach: The Deputy should ask her ness. When I was giving the interview I gave the leader to ask the question and I will answer it. facts. There was no one sum of £50,000, but in my Mr. J. Higgins: If the revelations came out not accounts and when I answered all my questions I 13 years after his so-called loans, but perhaps 20 showed where all my money came from in the or 25 years later, would they still be unpaid and period so that I could deny the issues I was being would they still be in the same category as they asked to answer, which gets lost in all these were when the Taoiseach was outed? That is issues. They were the issues to show that I did quite clearly the case. The Taoiseach insists that not get £50,000 from Denis “Starry” O’Brien, on these are not business people but just friends. He behalf of Owen O’Callaghan, that I did not get a told us that he only knew two of the Manchester bribe from Owen O’Callaghan, that I did not crew. Is he seriously telling the Da´il that after have offshore accounts in the Netherlands, the appearing at several of these gigs over a period Antilles, Liechtenstein, Jersey or England with \ of years, presumably organised by the same 15 million and that I did not have forged people, with the same people in attendance, he accounts in Mauritius. To the best of my ability only knew two of them and can now only account for the years requested I showed precisely any for two names? We got no more names. lodgements and matched any lodgements to clear my name because these were the issues in which An Ceann Comhairle: The Deputy’s time has I was asked to co-operate. concluded. Yes, I did save the money and I did not save it in a shoebox. In a capitalist state one might say it Mr. J. Higgins: For example a big influential was in a shoebox. If it was a socialist state, it businessman in Irish circles in Manchester was would have been offshore or in some Thomas “Slab” Murphy. Did he attend any of the company’s—— gigs that the Taoiseach addressed?

(Interruptions). (Interruptions). 1285 Leaders’ 3 October 2006. Questions 1286

Mr. J. Higgins: What are the implications for Mr. Bruton: The Taoiseach said, when his the Revenue Commissioners? Is it not the case as friends approached him about having a private a result of the precedent the Taoiseach has set function for him, that it would be wrong. He also that anybody who got a gift perhaps ten, 12 or 15 said, when they suggested they would give him a years ago and had not paid tax can now say, like gift, that it would be wrong. Why then, when it the Prime Minister of the country, “It was a loan came to Manchester and this private function, and you cannot get me.” was it a gift and apparently right? How did this change come about? A matter on which the An Ceann Comhairle: I ask the Deputy to give Taoiseach had been very firm with his friends way. The time allotted for these questions has suddenly became all right in respect of long since expired. Manchester. With regard to the new explanation being Mr. J. Higgins: On television the Taoiseach offered for the Manchester payment, as far as I said that he paid gift tax and capital gains tax. On can detect, the Taoiseach is offering two defences what did he pay gift tax and capital gains tax? as to why it was all right to accept the payment in Manchester. The first is that he was not there An Ceann Comhairle: The Deputy cannot go in a public capacity. Is the Taoiseach saying that, on asking questions. The Taoiseach has only one if a Minister goes to a function and there is not minute to reply. an official invitation or official script and it is not in the Minister’s diary, he or she can accept any- Mr. English: Why not? That is what we are thing given? Is that the new standard which the here to do. Taoiseach is applying? The second defence which the Taoiseach seemed to give for the Manchester The Taoiseach: I am sure Deputy Higgins, like payment was that it was a gift and not for the everybody else, would have heard a number of performance of his duties. Is the Taoiseach offer- my friends, particularly Mr. Charlie Chawke, who ing the new standard that a payment is only gave a number of interviews, make it very clear wrong if it can be shown that it creates precise that I had offered to pay back these loans a obligations on the office holder? Surely, that is number of times, which I had done. That was the test of whether this payment was corrupt, not made very clear. I said in my opening statement the question of whether it was ethical. that I would probably know all the people at that The issue here is whether it was ethical to function in Manchester but I cannot pin down, accept these payments. Is it not the case that it without being able to talk to them all, who exactly was not ethical because it was a private function, was at what function and I do not want to do that. which the Taoiseach said was wrong, was a gift, A number of people from Manchester rang me, which he also said was wrong, and was interfering because this was on the news in Manchester on with his capacity to do his tasks? Friday evening, to say they had met me. Is the defence being offered by the Taoiseach Mr. Rabbitte: It is like the GPO in 1916. not the very same defence that was offered by Charles Haughey and, I am sure, would have The Taoiseach: By Monday morning, about 35 been offered by Deputy Callely in the case of his people had said they were at functions. Clearly, misdemeanour? Is the Taoiseach not applying some were talking about charity and other func- entirely different standards, belatedly and in tions, so I cannot pin them down exactly. retrospect, to his own case?

Mr. Howlin: The Taoiseach must be owed even The Taoiseach: No, I am not. What I stated more money. with regard to a fundraising event being organ- ised with the sole purpose of raising money for The Taoiseach: If Deputy Joe Higgins is insinu- my personal use was that it was something I ating that I took money from Slab Murphy, I would not accept. When it was put to me that my never took money from Slab Murphy. friends would do that, I said, no, I would not have that, and it was on that basis that I then said I A Deputy: He gave it all to the quare lad. would only accept it as loans. The Manchester function was not organised on the basis of being The Taoiseach: With regard to gift tax, I was a fundraiser for me or to raise money for me. making the point that, in respect of capital gains tax, income tax and gift tax, I paid them when- Mr. Bruton: That is what it did. ever they were due. They were relevant to other issues rather than these ones, but I have paid The Taoiseach: It was not organised to do so. capital gains tax and gift tax. People there who know me well gave me a donation afterwards, but it is not the same thing. Mr. J. Higgins: Was that in the tax amnesty? It was not organised for that purpose. As the Deputy will see if he examines the Government The Taoiseach: No, I never used the tax procedures, with which he is familiar, it was crys- amnesty. tal clear at that stage, even though there were no 1287 Leaders’ 3 October 2006. Questions 1288

[The Taoiseach.] Mr. Gilmore: Were they ringing the Taoiseach formal guidelines on such issues for Ministers, over the weekend to say that? and in the 1995 legislation that it was by virtue of their offices. Did I receive this by virtue of my The Taoiseach: They rang me because they office? No, I did not. heard there was an issue about functions, but the problem is that neither they nor I can be sure, 12 Mr. Connaughton: Any ordinary guy would get years on, whether it was that function. The the same as the Taoiseach. Deputy will be aware that I am well known in Manchester. I have attended functions there for The Taoiseach: In answer to Deputy Bruton’s the better part of 30 years, as a councillor, back- question of whether I am making a new expla- bencher, Front Bencher, Minister, Minister of nation on the other money, I am not. I linked State, Leader of the Opposition and Taoiseach. I them in the television programme, on which I did hope I will continue to do so when I am out of not have all day and obviously could not go into this job sometime in the future. detail, because they were linked anyway. It was not a new explanation and I linked them from the Mr. English: That will not be long. start. I have said it was a misjudgment and an error in terms of looking back on it after two The Taoiseach: I have close contacts with them. weeks of debate, but it was not in breach of tax Deputy Gilmore asked me a fair question. I law or the code of conduct which a Minister has have tried as best I could, for the years requested to follow. All my political life, I have tried to be by the tribunals and to prove my innocence in as careful as I possibly can on these issues and I respect of all these other issues, to link all my was extremely careful over the years, so it was payments and would have done that for the vast not in breach. Looking at how these things can majority. The very few I was unable to link were be taken, it was a misjudgment. because I was not able to get bank records. In so far as I have been able to piece together all my Mr. Gilmore: Last Thursday, the Ta´naiste said records, I do not believe I received unsolicited that one of the questions he wanted answered money. Like everyone else, I received political concerned the identity of the Manchester donors. donations over the period but not many because, Will the Taoiseach tell the Ta´naiste and the throughout my career, I have allowed my con- House the identity of at least some of the people stituency office to run fundraising activities. Most — or those he can remember — who gave him of the money I ever got would have been for the money in Manchester? those periods. In response to an earlier question, the Lest it be misconstrued, Deputy Shortall asked Taoiseach said 35 people came forward over the a question when we were dealing with another weekend to say they met him in Manchester. Do question and I wish to answer it. It was on a point I take it there are 35 people who think they gave of law that my legal team, on the in camera rule, him money in Manchester? has taken issue with the tribunal. I follow the advice of my lawyers. I have heard comment in With regard to his earlier statement that he the House—— would not accept the Drumcondra money by way of a fundraiser or a donation and his insistence Ms Shortall: It was in The Irish Times. that he would only accept the money as a loan, why did he not apply the same strictures to the The Taoiseach: ——about the reason I am money he received in Manchester? blocking this. I do not wish to make any comment In response to an earlier question, he said there about the legal issue because I have been warned had not been any other fundraisers or political about it so many times. Every time I donations. Did he receive any other unsolicited 6 o’clock say something, whether in the Da´il payments of any kind when he was a Minister but or outside, I get another letter, either while he was not being a Minister? from the legal team or from the tribunal, so it is hard to defend oneself. On that particular issue, The Taoiseach: The person who gave me the it has been said, although perhaps not touted, that money in Manchester was Tim Kilroe and he is the reason I did not want that out was that it the only one I know to have given me money would show there was a huge donation that I gave there. I do not know from whom Mr. Kilroe col- to Miriam in the contents. That is just not true. lected money. Mr. Sargent: A valid question was asked and I Mr. Gilmore: The Taoiseach normally has a wish to ask it again because it should be answered great grasp of details. more clearly. Would we ever have found out about these payments or would the loans, as the The Taoiseach: A number of people, maybe 33 Taoiseach describes them, have been repaid if or 34 instead of 35, have said they know me and The Irish Times had not found out? On 18 think they met me at that function. They did not February 1999 — six years almost to the day from say they gave me money. when Senator Lydon got me in a headlock, which 1289 Leaders’ 3 October 2006. Questions 1290

I remember very well — I asked the Taoiseach a The Taoiseach: I only use it as a Deputy. If I question in the Da´il. It was: “Has the Taoiseach was not a Fianna Fa´il Deputy but an Independent been the beneficiary of any payment, contri- Deputy or a Deputy with another party, I could bution or gift from any source which, with the not use it. benefit of hindsight, he now considers to be unor- thodox, unusual or irregular?” It was a straight- Mr. Sargent: It saves the Taoiseach money. forward question and the Taoiseach’s reply — at least it was the nearest thing I can say to what was The Taoiseach: I declare it as the rent. It has the reply — was: “The Fianna Fa´il/ Progressive nothing to do with me other than in my capacity Democrats Government is clean of all these as a sitting Fianna Fa´il Deputy. It has nothing else issues which have been thrown at us this week.” to do with me. Can we have more clarity on that reply, given that it is somewhat wide of the mark? Does the fact Ms Shortall: It was bought by the Taoiseach’s that the Taoiseach found that question unworthy friends. of a clearer reply indicate that there were any other payments, including payments to support Mr. O’Dowd: The Taoiseach said that he does St. Luke’s? not know who went with him to Manchester aside The Taoiseach says St. Luke’s is political but from Senator Kett. However, he said there were there is a material benefit. If I had a constituency other people with him. The Taoiseach said he office owned by the Green Party, I would not went with friends to Manchester on many have to pay the rent. It is important that we occasions and that he is well acquainted with Irish understand whether funding has gone to the organisations over there. It is incredible that the Taoiseach directly or to St. Luke’s. Was that Taoiseach cannot remember who went with him. unorthodox, unusual or irregular, or does the He said today it was a unique event in that he Taoiseach see it as perfectly normal? received £8,000 sterling at it. That would surely be clear in his mind, as well as the people who The Taoiseach: I do not consider loans given travelled with him. Did the Taoiseach tell them by friends as either unorthodox or irregular. that he had received the money that night? How is it that nobody remembers it? Mr. Sargent: Their size was. The Taoiseach is clear about the number being 25, but he can only name two of them. That is difficult to accept. He knew all these people gen- Mr. Boyle: The repayment was. erally because he knows the Irish organisations and the football associates. If he might not have The Taoiseach: I would like to think that it known their names, he would have known that does not just apply to me and that there are one of them must have had a big business. Per- people in this House and elsewhere who, at times haps he was a publican, developer or a lawyer. of difficulty, would be given loans by either The Taoiseach would have to remember who was family members or close friends. That is not unor- there; I cannot accept that he does not. thodox or irregular. Can the Taoiseach explain the role, if any, played by Mr. Richardson in each of the three Mr. Boyle: The terms were. payments he received? In 1993 Mr. Richardson was appointed national fundraiser for Fianna The Taoiseach: If this issue had never seen the Fa´il. Was he at the Manchester function and did light of day, would they all have taken back the he raise money in Manchester, perhaps for money and interest? Perhaps some of them would Fianna Fa´il and not for the Taoiseach personally, not. Certainly, it was my intention—— on other occasions?

Mr. Sargent: That is not a loan. The Taoiseach: My long-standing friend, Senator Tony Kett, was with me, as was Mr. The Taoiseach: It was a loan. David McKenna. Over the 25 years I have gone to matches in Manchester, by and large the same Mr. Boyle: It was not a regular loan. group of people, not all of them friends of mine, would have travelled on the flights. Most people The Taoiseach: It was always my intention to would know the people who went. Certainly, pay back the loans with interest. While some Senator Kett and Mr. David McKenna came with people have difficulty with it, I would have done me. I told Senator Kett that I received it and he that. I do not accept for a minute that that was made a statement about that previously. Mr. Des the issue. Richardson was not with me. Mr. Richardson was St. Luke’s was set up by a legal trust. The involved in the IR£22,500 in December 1993 and beneficial owner of St. Luke’s is the national was one of the contributors to it. I gave the House Fianna Fa´il Party. the names of the contributors last week. He was not involved in the second payment and he was Ms Shortall: More friends. not involved in Manchester. 1291 Leaders’ 3 October 2006. Questions 1292

Mr. Howlin: The Taoiseach reminded the (Interruptions). House that at the time he received these moneys he was a serving member of the Labour The Taoiseach: I was not dealing with a busi- Party/Fianna Fa´il Government. He said that the ness or doing business with a private sector ethics and electoral Acts did not apply because employer of the size with which Deputy Lowry they had not been enacted when he received the was. I do not wish to make life difficult for the moneys. He will recall that, over Christmas 1992, Deputy — that is not fair; it was many years ago he and I were part of the negotiating team that — but the context was that it was a direct busi- agreed that Government’s programme for ness engagement. That is business and in business government, which included those legislative one tends to have contracts. I had an arrange- measures. He would, therefore, have known the ment with friends who were assisting me. I could standards that were expected of office holders in have done it with the bank and it would have that Government, given that they had been been just as easy. In fact, I did part of it with the agreed and set. bank and then reversed it later because I Leaving all else aside, does the Taoiseach con- accepted their loan. I would have paid the bank sider it acceptable for a serving Minister for Fin- the interest and I paid them the interest. In my ance to have accepted \60,000 for personal use? mind — one can accept it or not — it is totally The answer given is that it was not connected and different. I do not believe I have changed my that there is no proof of benefit given. Would the position on that. Taoiseach not accept that this is a criminal stan- dard of proof, that is, proof of a crime? What is Caoimhghı´nO´ Caola´in: To look at a different being asked here of members of Government, aspect of this, because there has been quite a lot then as now, is not a criminal standard of whether of repetition, when does the Taoiseach believe he committed a crime but whether he had an the former Ta´naiste became aware of the ques- acceptable standard for an officeholder when he tions that have confronted him in recent weeks? knew what was set? Does he have any concern that she may have I refer to the Taoiseach’s contribution as leader known of impending questions and that it might of the Opposition to the debate after the resig- have, in some way, influenced her decision to nation of former Minister, Deputy Lowry, when vacate her role as Ta´naiste when she did? Does he set the standard that if it was alleged that any he have any concerns in that regard as he has moneys given to a serving Minister were a loan, continued to ask questions as to from where this he would demand incontrovertible proof of the information may have emanated? Why does he terms of the loan in writing at the time the loan believe there is such a strenuous failure on the was taken out. In respect of the two sets of loans, part of the former Progressive Democrats Deputy details of which the Taoiseach has put on the and now editor of The Irish Times to expose the record, is there incontrovertible proof that they source of the leak from the tribunal? Is he aware were loans? What terms and conditions were that only one member of his Cabinet failed to agreed? Where is the written evidence of those applaud his contribution this afternoon? What is conditions? the Taoiseach’s view on all this? Given that the Taoiseach complained about the The Taoiseach: Deputy Howlin put it as if it leak of the information from the tribunal as force- was a donation. It was a loan I had to pay back fully as he did, is he prepared to condemn the with interest, so I did not receive the sum of abuse of his office by the Ta´naiste and Minister £60,000 as a donation. I received two loans which for Justice, Equality and Law Reform when he so I said I would pay back and I always intended to happily leaked information to a journalist which do so. was used to destroy the Centre for Public Inquiry? Does he have doubled standards in that Mr. Howlin: In the Lowry affair, the Taoiseach regard? Does he not see the clear connection with said a loan is only a loan where there is incontro- leaks of the nature we are addressing? vertible proof. Does that exist in his case? On the connection between his party and the other coalition party and big business, does he The Taoiseach: I read that. agree there are far bigger issues regarding that relationship than all that has been exposed in this Ms Enright: The Taoiseach said that. episode? I speak specifically about the cosy relationship that secured such a favourable The Taoiseach: I have also gone back and read arrangement for oil and gas exploration not only what I said. I said that one cannot associate one- off the Mayo coast but elsewhere. Given the mys- self with business and with a company and say tery behind how Fianna Fa´il was so quickly able one is in business with or doing business with to deal with its massive accrued debt, would the somebody and have £200,000 — I mentioned the Taoiseach like to tell us the extent of that figure of £200,000, although it subsequently relationship? For instance, did Fianna Fa´il turned out to be far more. I was not dealing with receive any contributions from Enterprise Oil, business, with a contract for business—— the people who initiated and hosted his first tent 1293 Leaders’ 3 October 2006. Questions 1294 at the Galway Races? What is the truth behind The Taoiseach is regarded as a cunning and how quickly the Taoiseach was able to deal with clever person by many inside and outside this all that? House. As a cunning person, does he believe—— What are the full facts and truth behind the role of Ray Burke, as Minister with responsibility (Interruptions). at that time, and others, including the Taoiseach, who must have been privy to the detail that An Ceann Comhairle: I ask Deputy English to allowed for such a cosy relationship where big address his remarks through the Chair. business in the guise of these multinationals can ride roughshod over whole communities in this Mr. English: I do not share that opinion of him; country? Many serious questions need to be I have another opinion. You were described as a addressed and not only the detail in regard to the cunning person. specific accusations now levelled at the Taoiseach. An Ceann Comhairle: The Deputy should address his remarks through the Chair. The Taoiseach: There was no connection between the Minister for Health and Children, Mr. English: The Taoiseach has been described Deputy Harney, moving from her position and as a very clever and cunning person. Can I ask these matters. For many years we have worked him, through the Chair, if he genuinely believes hard to try to attract exploration and the handling that these people, friends or whoever they are, of some of our natural reserves. It is a long time gave him money because he is a nice chap or since we set out terms to try to attract multi- because they thought he had no money? He was national companies to come to explore our able to go to Manchester for six matches a year seabed for exploration purposes. We have although he had no money. Does the Taoiseach changed those conditions a number of times. believe that they gave him money just because he Some Irish companies are involved in this busi- is a nice chap? As a clever person, does he ness, which is good, as are some multinational believe, and does he expect us to believe, that these people handed over sums of \500 or \5,000, companies. It is totally wrong to make any con- or those sums in sterling, for no other reason nection between these and any political parties. than that? It takes a huge amount of money to drill gas or oil holes and to be able to licence and explore The Taoiseach: I do not think what I have done over many years. I do not believe my party or any over the years in trying to assist others here in other party has been beholden to any of these bringing in rules and standards about how we interests at any time over the years. deal with our affairs has done anything other than ´ help the image of politics. I complied with those Caoimhghı´nOCaola´in: What about the leaks rules as well. by the Ta´naiste? Does the Taoiseach not see any I would not like to see the political profession direct connection? Is he prepared to condemn trying to wrap itself up in cotton wool and for across the board? everything to be seen to be done in a totally purist fashion so that one could not take a loan Mr. English: The Taoiseach said he has done from friends or other people. I do not think we nothing wrong and he is not corrupt. Does he should allow our profession get into that because, accept he has damaged the image of our pro- quite frankly, I do not see anything wrong with fession? Last week in Cavan when asked a ques- that. tion about who collected the money and who organised it, the Taoiseach stammered and stutt- Mr. English: So the Taoiseach is happy to ered because he did not know the answer, yet damage the reputation of politics? after careful preparation over the past few days, he has come up with the name of someone who The Taoiseach: I do not think it is damaged. organised this but who cannot give us his account of what happened. I find that hard to accept. Did Mr. Roche: Does Deputy English have any that information come from the Taoiseach’s per- friends? sonal records or did he telephone a friend to find out? How is he now so sure about who did that? The Taoiseach: It was one thing to try to clean The Taoiseach said he went to Manchester at up the issue of huge donations and a small his own personal expense. How did he get to the number of people giving sizeable donations to airport? either my party or any other party and to bring in rules about what we can take, how we record (Interruptions). it and so on. I did all that too, and I am quite happy to do that. However, if we get into a posi- Mr. English: It is a simple question. Did he use tion where if one is in politics that one can have the car given to him by virtue of his ministerial no friends and that if one is photographed with office to bring him to the airport? any—— 1295 Leaders’ 3 October 2006. Questions 1296

Mr. English: That is not the question I asked. Second, earlier the Taoiseach made the point that he lodged the £8,000 sterling he got in The Taoiseach: Please. Manchester on the same occasion that he lodged the donation or loan of £16,500. Clearly, he has Mr. Roche: Have a bit of manners. checked out these matters very carefully and given the fact that the Taoiseach lodged both Mr. Cregan: Have your manners. amounts on the same day, can he tell us the date of that lodgment? The Taoiseach: Can I give an answer? I will tell Third, most people following this saga would the Deputy what I think. He is one of the young- find it impossible to imagine how somebody, not est Members of the House — if not the youngest. least a person who is Minister for Finance, could If we get into that position, there will not be too have functioned for six years without a bank many other young people coming into this House. account. People are wondering about mundane We will damage politics because we should be things like what he did with his salary cheque, open, fair and accountable — and I have been. how he paid bills, where he had the £50,000 in savings—— Mr. English: After 13 years. Mr. N. Dempsey: One can cash a cheque and The Taoiseach: I have had to say today that use the cash. It is very simple. perhaps it was an error, and I accept it is an error, but I do not think we should get ourselves into Ms Shortall: People cannot understand how the boxes where, forever more, nobody will go near Taoiseach could have functioned for six years like politics. That is the damage that will come out of that. Perhaps the Taoiseach can explain to us how these things. he managed to function for six years without a The only person I can tell the Deputy who had bank account. the money is the person who gave it to me. I have given the name of the person who gave it to me. The Taoiseach: Mick Collins has long been a friend of mine. Mr. English: The Taoiseach did not know the name last week. Ms Shortall: We know, they are all friends. The Taoiseach: I knew who gave it to me. I am The Taoiseach: He is an engineer by profession telling the Deputy now who gave it to me. I still and a very likeable and good person. cannot say if he was the only person who col- lected it. I cannot be certain about that. Ms Shortall: Where is he from? Mr. Gilmore: Can the Taoiseach say if it was an individual donation? The Taoiseach: I am surprised Deputy Shortall does not know him because she knows where he The Taoiseach: Over time I will be able to do is. so, because when people hear about it they ring in. A number of them have surfaced. As for the Ms Shortall: No, I do not. issue about how I got to the airport, it is unlikely that I walked. The Taoiseach: He is in the local——

Mr. English: The question I asked was in whose (Interruptions). car the Taoiseach travelled and whether it was a ministerial car. An Ceann Comhairle: The Taoiseach should be allowed to speak without interruption. The Taoiseach: I do not know. The Taoiseach: He has been in the same place An Ceann Comhairle: I call Deputy Shortall. where Deputy Shortall and I used to spend a fair Deputy English should resume his seat. We have bit of time. had an orderly debate. I have called Deputy Shortall. Ms Shortall: Come on. Explain that.

Ms Shortall: I have three questions for the Mr. Rabbitte: There could be more to this than Taoiseach. First, as a matter of interest, who is meets the eye. this mystery man, Mick Collins, one of the donors or should I say lenders? Perhaps the Taoiseach An Ceann Comhairle: I ask Deputy Shortall to would give us some more information. I know allow the Taoiseach to speak without many journalists have been trying to identify him interruption. so perhaps the Taoiseach would tell us a bit more about him. The Taoiseach: The date was 11 October 1994. 1297 Leaders’ 3 October 2006. Questions 1298

Ms Shortall: Can the Taoiseach tell us who is Mr. Treacy: What is wrong with that? Mick Collins? Dr. Cowley: Did the Taoiseach on any occasion An Ceann Comhairle: I call Deputy Cowley. meet with Enterprise Oil’s former chief execu- tive, John McGoldrick, who has been known to Ms Shortall: A Cheann Comhairle. socialise with Mr. Des Richardson, former Fianna Fa´il fundraiser and friend of the Taoiseach who An Ceann Comhairle: I am sorry but we have was responsible for the whip-round for him? to move on. We are coming to the end of the debate now. The Taoiseach: I do not know the gentleman and I doubt that I have met him but—— Ms Shortall: I asked a question. Dr. Cowley: How is it that the Taoiseach can An Ceann Comhairle: I am sorry, but the Chair spend so much money—— has no control over the questions. The Taoiseach: ——I meet many people in my Ms Shortall: I asked a question that has not political life but the individual that Deputy been answered. I wonder if the Taoiseach can tell Cowley mentioned is not a friend of mine. us who is this person, Mick Collins. We are talk- ing about being open. Dr. Cowley: ——to bamboozle the people of Rossport today? There was a disgraceful attack An Ceann Comhairle: I ask the Deputy to on the people of Rossport, which is costing a resume her seat. bomb and for what purpose? An Ceann Comhairle: I ask Deputy Cowley to Ms Shortall: Who is this person? give way to Deputy Bruton.

An Ceann Comhairle: Deputy Shortall should Mr. Bruton: In 1996, the Taoiseach, speaking allow Deputy Cowley to contribute. after the McCracken tribunal report, said that the public is entitled to have absolute guarantee of Ms Shortall: They are all friends of the the financial probity and integrity of their elected Taoiseach. Can he tell us something about him? representatives, their officials, and above all their Where is he from? Ministers. They need to know that they are under financial obligations to nobody other than public An Ceann Comhairle: Deputy Shortall. lending institutions, except to the extent that they are publicly declared. Does the Taoiseach accept Ms Shortall: Can the Taoiseach tell us where that he breached that standard which he set for he is from, please? He told us about other politicians? people and—— The Taoiseach: I do not accept that I am under An Ceann Comhairle: I ask Deputy Shortall to financial obligations to anybody. I do not believe resume her seat. that by accepting a loan or accepting the donation in Manchester that I am under any obligation. Ms Shortall: ——that is in the public domain None of those people ever asked me for anything already. or put me under pressure for anything. They are friends. An Ceann Comhairle: Deputy Shortall has had a good innings this afternoon. Mr. Bruton: There is no way in which these words could be interpreted in the manner in Ms Shortall: We know who the other people which the Taoiseach is now interpreting them. are. The Taoiseach: I have carefully examined, An Ceann Comhairle: She has had three or scrutinised and taken full advice on both the four questions answered, which is more than any- governmental practice and the code of practice body else. and I have given my position on that and the legal position. As I stated earlier, I accept it was an The Taoiseach: That is of no relevance. error and misjudgement but I do not accept that it is anything more than that, or that I have Dr. Cowley: I refer to the financial strain which broken any standard that was in place then or the Taoiseach has explained he was under. In now. 1992, during the period of financial stress out- lined by the Taoiseach, it is interesting to note Mr. Bruton: That is not an acceptable apology. that while he was Minister for Finance he reduced the tax on oil and gas exploration finds from 50% An Ceann Comhairle: That concludes ques- to 25%. tions to the Taoiseach. 1299 Requests to move Adjournment of 3 October 2006. Da´il under Standing Order 31 1300

Mr. Gormley: We will need to ask more ques- ment to order the Shell-led consortium to cease tions tomorrow if the Ceann Comhairle does not all work on the project immediately. give us more time. Does he want this to keep going tomorrow? Ms C. Murphy: I request the adjournment of the Da´il under Standing Order 31 to raise a An Ceann Comhairle: By the order of the matter of national importance, namely, in selling House, we should have finished before 6 p.m. We the national telecommunications network into have gone half an hour past the time when we private ownership, the Government has created a should have stopped. private monopoly, which highlights the urgent need for the Government to tackle the impossible Mr. Gormley: We can take another few situation where 40,000 Smart Telecom customers minutes. On a point of order, can the Ceann are without services and are being held to ran- Comhairle not take another five minutes? som. If the Minister does not act to provide an interim solution, the message will be that the only An Ceann Comhairle: There is no point of supplier capable of guaranteeing a service is order. We are moving on. Eircom. ´ Requests to move Adjournment of Da´il under Aengus O Snodaigh: I seek the adjournment of Standing Order 31. the Da´il under Standing Order 31 to raise a matter of national importance, namely, the back- An Ceann Comhairle: Before coming to the ground of the Government’s clear siding with the Order of Business, I propose to deal with a interests of Shell against the people of north number of items under Standing Order 31. County Mayo in allowing work to proceed at the Bellanaboy refinery and to examine why neither Mr. Perry: I seek the adjournment of the Da´il the company nor the Department of Communi- under Standing Order 31 to raise a matter of cations, Marine and Natural Resources has made national importance, namely, the deplorable con- public the terms of the licence granted to the ditions at Dromore West national school. consortium. According to the Minister for Education and Science, to fully outline the delay and sanction Caoimhghı´nO´ Caola´in: I seek the adjournment a new school for Dromore West, which is years of the Da´il under Standing Order 31 to discuss overdue, students and teachers must endure the disgraceful manner in which the State has appalling conditions, including a severe lack of consistently taken the side of the Corrib gas con- space, subsiding foundations, overcrowding, high sortium against the interests of the people of radon levels, a lack of proper kitchen facilities, a north County Mayo and the economic interests leaky roof, dampness, a lack of a girls’ cloakroom, of the people of Ireland in forcing through a a lack of adequate bathroom facilities for development that is unsafe and will bring no teachers and the use of an old church and portak- economic benefits given the current licensing and abin as temporary accommodation. As the popu- revenue terms. lation of Dromore is rapidly growing, this issue must be urgently addressed. Mr. N. Dempsey: Some \2 billion.

Mr. Healy: I seek the adjournment of the Da´il Mr. Broughan: I seek the adjournment of the under Standing Order 31 to raise a matter of local Da´il under Standing Order 31 to raise an and national importance requiring urgent atten- important matter, namely, the Minister for tion, namely, the need for the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources must urgently address the serious regulatory fail- to intervene with the Commission for Energy ure that has occurred in the telecommunications Regulation to immediately withdraw the 34% gas sector in light of the overnight withdrawal of price increase effective from 1 October and the fixed line and broadband Internet services for proposed electricity 20% price increase from more than 45,000 Smart Telecom customers and January 2007 in light of the hardships these the ongoing regulatory market and Government increases will cause families and the fact that oil failures plaguing the Irish telecommunications prices have decreased by 20% since these industry and seriously hindering families and announcements were made. businesses across the country; and if we will make a statement on the matter. Mr. Ferris: I seek the adjournment of the Da´il under Standing Order 31 to raise the situation at Dr. Cowley: I seek the adjournment of the Da´il the site of the proposed gas refinery at Bellana- under Standing Order 31 to debate a matter of boy, the fact that the Garda has been used to national and local importance, namely, the use of enforce a clearly unpopular development among hundreds of gardaı´ against the wishes of the the people of north County Mayo that has no majority of local people to force the restarting of benefit to either the local community or the the Corrib gas project — resulting this morning national economy and the need for the Govern- in the injuring of two peaceful protestors by 1301 Order of 3 October 2006. Business 1302 gardaı´ and my illegal detention in breach of An Ceann Comhairle: Having considered the Article 15.13 of the Constitution, which prohibits matters raised, they are not in order under Stand- the detention of a Deputy on his way to this ing Order 31. Chamber — that has little or no benefit for this country and is a disgrace, given the existence of Order of Business. drug barons in Limerick, Dublin and everywhere else and unguarded airports through which drugs The Taoiseach: It is proposed to take No. 2, the are pouring and the fact that money can be spent Civil Law (Miscellaneous Provisions) Bill 2006 — elsewhere while people are crying for gardaı´. This Order for Second Stage and Second Stage; and morning, 170 gardaı´ stopped and battered a Private Members’ business shall be No. 52, peaceful protest. It is an absolute disgrace. motion re report of the Comptroller and Auditor General for 2005. Mr. N. Dempsey: That is a disgraceful accu- An Ceann Comhairle: There are no proposals sation and the Deputy should withdraw it. to put to the House today. Mr. Treacy: Outrageous. Mr. Kenny: As we continue this debate, we do not technically know whether we have a Govern- Mr. N. Dempsey: Deputy Cowley has accused ment because the junior partners are meeting. the Garda of battering people in County Mayo. An Ceann Comhairle: It is nearly 6.40 p.m. Dr. Cowley: That is exactly what happened. I saw it. Mr. Kenny: I know.

Mr. N. Dempsey: The Deputy should withdraw An Ceann Comhairle: We will not rehearse his remark. issues we have debated for hours.

Mr. Treacy: He is negative. Mr. Kenny: I have no intention of rehearsing them. I am merely giving the Ceann (Interruptions). Comhairle——

Dr. Cowley: I walked half a mile this morning Mr. S. Power: The Deputy’s own “Ta´naiste” with three bags to render assistance to a girl who has gone. could hardly breathe because she had been held by her throat by two gardaı´ while a ban garda An Ceann Comhairle: Does Deputy Kenny punched her in her back and she screamed for have a question on the Order of Business? assistance. She was lifted off the ground. That is true. Mr. Kenny: Yes. I am merely giving the Ceann Comhairle some information. An Ceann Comhairle: The Chair is on his feet and I ask Deputy Cowley to resume his seat. Mr. Treacy: Deputy Rabbitte is on his way to the bar. Dr. Cowley: A few little lines that said—— Mr. Kenny: We do not know whether we have An Ceann Comhairle: The Deputy should not a Government. make allegations in the House that he cannot sub- stantiate. An Ceann Comhairle: That does not arise. If the Deputy does not have something appropriate Dr. Cowley: I can substantiate them. on the Order of Business, we will move on to item No. 2. An Ceann Comhairle: Under Standing Order 31, a Deputy submits a notice to my office that is Mr. Kenny: It arises because the Ceann Comh- either accepted or rejected. Deputy Cowley did airle’s job is on the line if the people who are not submit the notice he read today. He is in absent decide that the Taoiseach did not do very breach of the Standing Order. well.

Mr. Treacy: What is the Deputy up to? A Deputy: It is current legislation.

Mr. Allen: He is opportunistic. An Ceann Comhairle: We will not start dis- cussing a matter we have debated for the past Dr. Cowley: This matter is so serious that three hours. something needed to be said. Mr. Kenny: Perhaps if the Ceann Comhairle Mr. J. Higgins: This morning, the Government focuses on his job, he might begin to consider this turned Rossport into a police state for Shell. matter. Will the House have an opportunity to 1303 Order of 3 October 2006. Business 1304

[Mr. Kenny.] Mr. S. Power: Kilkenny won it. discuss the Green Paper on Energy launched by the Minister for Communications, Marine and The Taoiseach: Deputy Stagg has raising this Natural Resources on Sunday? This would be repeatedly. There is much merit in the points he appropriate as it is a central issue. Staying away has made. The Bill is out for consultation under from the topic we were discussing some minutes the e-consultation process. I do not know when ago, a matter was brought to my attention where that process ends. a tribunal has come to a conclusion on a part- icular issue. Information has been given to me Mr. N. Dempsey: On 4 December. that seems to put forward a strong point of view that was not expressed to the chairman of the tri- The Taoiseach: It is out for consultation for the bunal before he arrived at his conclusion. If there next two months. is validity in such an issue, is there a facility whereby an aggrieved person is enabled, entitled Mr. Sargent: I asked this Taoiseach about this or authorised—— legislation, the Charities Regulation Bill, with the question I asked him in 1999 about being a ben- An Ceann Comhairle: This is not a question for eficiary of gifts etc. I asked then and repeatedly the Order of Business. I would prefer that the since I was elected to this House because the 1990 Deputy submit a question on the matter to the Costello report indicated there was a need for appropriate Minister. reform of charities. Some 127 bodies benefiting Mr. Kenny: Who is the appropriate Minister? from charitable status were not in the public domain at the time. Is this not an urgent matter? Mr. N. Dempsey: It depends on the tribunal. Can we have a date for publication of the Bill? The report was published a long time ago. An Ceann Comhairle: If the Deputy submits the question, I am sure it will be taken. The Taoiseach: This has proved to be a difficult and detailed Bill because it goes back over a long Mr. Kenny: The Minister, Deputy Roche, deals period involving all charitable bequests and with some of these tribunals. It is a serious donations. The heads of the Bill have been matter. I do not want to stand against the adjudi- approved for some considerable time. It went for cation of the tribunals, but does the Taoiseach, as drafting. It is likely to be published just after Head of Government, know whether there is a Christmas, but it is hoped to have it done before facility whereby if a claim is valid—— Christmas.

An Ceann Comhairle: This is not appropriate Mr. Sargent: Which year? to the Order of Business. As the Deputy rightly said, it should be raised in the proper fashion if it The Taoiseach: We hope to publish it this year. is a serious matter. It is a large Bill and it will be a difficult Bill.

Mr. Roche: If Deputy Kenny contacts me with Caoimhghı´nO´ Caola´in: Publication of the a question about a tribunal, I will ensure that my Ombudsman (Amendment) Bill, which until the answer is as helpful as possible. summer recess was expected between now and Christmas, is expected early in 2007 according to The Taoiseach: The Government would wel- the new programme. Will it be published before come it if time could be made available to discuss the dissolution of the current Da´il? the Green Paper. Publication of the Health Bill, which we were told in the last programme would be in the sum- Mr. Stagg: I want to reassure my colleague from Fine Gael that there is absolutely no doubt mer, is now expected in 2007. Does the Taoiseach that the Government is intact. The junior part- intend to publish this important Bill within this ners would not leave with an atomic bomb under current Da´il? their noses. There is no doubt about it. On the matter of promised legislation, I have The Taoiseach: The Ombudsman asked the Taoiseach regularly about the matter (Amendment) Bill is not as long a Bill. The heads of television coverage for the Irish in Britain and of that have been approved and it is listed for the communications Bill that is promised in that early 2007. regard. The Taoiseach indicated that they would On the Health Bill, the consultation process is have coverage in time for the all-Ireland final. under way and once that is finished, revised pro- Seeing the job Mayo did, maybe it was just as well posals will be submitted to Government. The they did not get that coverage. I would be anxious heads of the original Bill had been approved since that the legislation would be brought forward as 7 March. That consultation process will really quickly as possible to ensure it is in place at least decide how long it will take, but much work has for the next all-Ireland final. been done on it already. 1305 Civil Law (Miscellaneous Provisions) 3 October 2006. Bill 2006: Second Stage 1306

Caoimhghı´nO´ Caola´in: Does the Taoiseach or to defend themselves against claims which they expect it will be published before the general consider are not well founded. The proper work- election? ing of our society depends on there being a cohort of lawyers who make their services avail- The Taoiseach: Yes. It is hoped that it will be able to those involved, or potentially involved, published early in the new year. in litigation. The legal profession has traditionally been Civil Law (Miscellaneous Provisions) Bill 2006: organised in Ireland in two branches, solicitors Order for Second Stage. and barristers, each largely self-regulating. Part of that self-regulation has concerned itself with the Bill entitled an Act to provide for the maintenance of high professional standards and appointment and functions of a Legal Services the investigation of allegations in particular cases Ombudsman; to provide for video-conferenc- that those high standards have not been met. The ing in civil proceedings; to amend the Courts procedures put in place by both branches of the (Supplemental Provisions) Act 1961, the legal profession to address this issue have evolved Courts of Justice Act 1936, the Courts Service over the years and on the whole, the self-reg- Act 1998, the Courts Act 1971, the Court ulating processes operate satisfactorily. There Officers Act 1945, the Petty Sessions (Ireland) naturally remains, however, the possibility that a Act 1851, the Solicitors Act 1954 and the Solici- person who makes a complaint against a lawyer tors (Amendment) Act 1994, the Gaming and and gets a result from those processes that does Lotteries Act 1956, the Landlord and Tenant not accord with his or her view of the matter will (Amendment) Act 1980, the Statutory Declar- have a continuing sense of disgruntlement — a ations Act 1938, the Juries Act 1976, the Bank- ruptcy Act 1988 and the Succession Act 1965; discontent not helped by the perception that the and to provide for related matters. self-regulating process has favoured the pro- fessional over the complainant. This perception Minister of State at the Department of Justice, can arise whether there has been actual bias in Equality and Law Reform (Mr. Fahey): I move: a particular case, and arises simply because the “That Second Stage be taken now.” process is self-regulatory. That is where the proposals in Part 2 of this Question put and agreed to. Bill come in. That part is designed to establish a legal services ombudsman who will oversee the Civil Law (Miscellaneous Provisions) Bill 2006: handling by the Law Society and the Bar Council Second Stage. of complaints by clients of solicitors and barris- ters. The key functions of the legal services Minister of State at the Department of Justice, ombudsman include a form of review in part- Equality and Law Reform (Mr. Fahey): I move: “That the Bill be now read a Second Time.” icular cases for clients of solicitors and barristers who are dissatisfied with the handling of a com- The Civil Law (Miscellaneous Provisions) Bill, plaint made to the Law Society or Bar Council, with its content covering a considerable spread of areas of the Statute Book, reflects to some extent and a more general oversight role for those com- the breadth of the functions of the Minister for plaints procedures by examining a selection of Justice, Equality and Law Reform and the complaints files each year taken on a random Department. Bringing forward this Bill gives the basis. opportunity to propose changes to the law, each To be effective and have the confidence of its significant in its own way and some more substan- users, any complaints mechanism must not only tial than others, which might not on their own be, like Caesar’s wife, above suspicion, but also always warrant the bringing forward of a stand- be seen to be so. The introduction of the legal alone Bill but which are nonetheless necessary to services ombudsman as an extra overseeing layer improve the effectiveness of our legislation. to the present self-regulating mechanisms will A major proportion of the Bill addresses an provide the necessary independent scrutiny to area of considerable importance to the proper assure the public of the effectiveness and trust- functioning of society, namely, the legal pro- worthiness of the complaints process as a whole. fessions. The rule of law is universally regarded This Bill is not just about legal complaints pro- as one of the foundation elements of any properly cesses. As I have said, it gives an opportunity to organised society. It is that rule that defines make changes in a wide range of areas of the non- relationships between private individuals or enti- criminal law within the ambit of the Minister for ties in society and between the State and those Justice, Equality and Law Reform, not all of individuals or entities. Because society, and which would warrant the bringing forward of sep- relationships within society, have never been sim- arate legislation, but where change is nonetheless ple, the law has never been simple; but in today’s desirable. As well as an extensive range of techni- increasingly complex society, the law too reflects cal changes in courts legislation, the Bill provides that complexity. That being the case, there has for various other matters involving changes in the always been and will continue to be a need for law on business tenancies, statutory declarations, experts in the law to advise and assist those who juries, bankruptcy and succession, and changes in seek to invoke the law to assert or protect a right gaming and lotteries legislation. 1307 Civil Law (Miscellaneous Provisions) 3 October 2006. Bill 2006: Second Stage 1308

[Mr. Fahey.] the June 2004 report of the regulatory review task Turning to the detail of the provisions of the force chaired by Mr. Joe Brosnan, a former Sec- Bill regarding the legal services ombudsman, both retary General of the Department of Justice, the Law Society of Ireland and the Bar Council Equality and Law Reform. The task force con- have complaints mechanisms in place. The regu- ducted a thorough review of the Law Society’s latory functions of the Law Society derive from organisation and practices. Most of the recom- the Solicitors Acts 1954 to 2002, while the Bar mendations of that report are being or have been Council’s regulatory functions have no statutory implemented by the Law Society and do not need basis. The Law Society’s complaints scheme is legislative change. However, the remainder are provided for under the Solicitors (Amendment) dealt with in the legislation. Both of the changes Act 1994 and essentially caters for three classes affect the complaints and disciplinary mechan- of complaint: inadequate services, excessive fees isms of the Law Society. The first is provided and misconduct. For example, following the under section 53, which amends section 73 of the controversy last year surrounding claims of over- Solicitors Act 1954. Section 73 deals with the charging by solicitors in respect of work before committee structure of the society, which cur- the Residential Institutions Redress Board, it is rently provides that a committee of the council of this complaints scheme that the Law Society has the Law Society may include solicitors who are used in inviting persons to come forward with not members of the council and also persons who their claims. The scheme is subject to indepen- are not solicitors; but two-thirds of the member- dent oversight by the independent adjudicator ship of any committee to which powers of the established in regulations by the Law Society in council are delegated, or any quorum of the com- 1997. The legal services ombudsman will effec- mittee, must be members of the council. The tively subsume the existing office of independent amendment in the Bill will have the effect of adjudicator and carry out the same functions in removing the two-thirds requirement and it also respect of solicitors and barristers with changes. provides a significant shift towards further lay These changes include a requirement under involvement in the make-up of the society’s com- section 13 for the ombudsman to report to the plaints and client relations committee. The Minister within two years of being appointed on change will mean that a majority of that commit- the effectiveness of the office and the adequacy tee and any division or quorum of either must be of functions. The ombudsman will under section non-solicitors. The committee or any division of 14 also oversee the admission policies of the legal it is to be chaired by a solicitor. professions and will be required to report annu- Section 54 amends section 8 of the Solicitors ally to the Minister and the Oireachtas on the (Amendment) Act 1994. This will enable the Law adequacy of numbers admitted to practise. Under Society to direct a solicitor to pay a client a sum section 18, the costs of the office of the ombuds- not exceeding \3,000 as compensation for loss man will be funded entirely by a levy on the Law suffered as a result of providing inadequate legal Society and the Bar Council calculated pro rata services. Such a payment made in compliance based on the numbers of practising solicitors and with the direction will be without prejudice to any barristers. In addition, the ombudsman has power legal right of the client. The amendment also at section 27 of the Bill to direct the Law Society enables the Minister for Justice, Equality and or the Bar Council to re-investigate a complaint Law Reform to vary the amount by order, no if not satisfied that the original complaint was more frequently than at two-year intervals, to adequately investigated, and by section 28 such reflect the rate of inflation. directions are enforceable by the High Court. The Part 3 deals with courts and court officers. ombudsman also has power under section 31 to Section 39 replaces section 65 of the Courts of review the procedures of the relevant pro- Justice Act 1936, dealing with the setting of court fessional bodies for dealing with complaints, to fees. The Act provided that the Minister may pre- examine both random samples of complaints and scribe court fees and the persons by whom and complaints relating to specific matters as well as the occasions on which such fees are to be paid. making recommendations for improvements to This power remains with the Minister; but under these procedures. the new provision, the minutiae of the manner in The Government’s proposal for independent which such fees are to be collected are to be left review of the operation of the legal professions to the Courts Service, the independent agency complaints system by way of the legal services established in 1999 to take care of the running of ombudsman is the way to proceed, consistent the courts. with the need for better regulation of the Irish The Pensions (Amendment) Act 2002 reduced system. Self-regulation must achieve the highest the qualifying age period for pensions for public standards of professional integrity for the protec- servants from five to two years with effect from tion of clients. There is a public interest in ensur- 2 June 2002 but that did not extend to judicial ing a high level of confidence in the manner the pensions. Sections 40, 41 and 42 reflect this professions regulate their affairs. change with regard to judges. These sections deal Provisions in Part 4 amend the law in two with pension provisions for judges of the superior further areas concerning the legal profession. courts, Circuit Court and District Court, respec- Both changes arise out of recommendations in tively, who retire on age or infirmity grounds 1309 Public Expenditure: 3 October 2006. Motion 1310 before having served long enough to gain entitle- may be created for the service by future statutes. ment to a full pension. Currently, no pension is Section 45 amends section 6 of that Act to cover available unless a judge has served a minimum of the provision of support services to the rules com- five years. Under the new provisions, a judge who mittees of the superior courts, the Circuit Court retires on age grounds after a minimum of two and the District Court arising out of the changes years will be entitled to a pension based on the made in sections 46, 47 and 48 of the legislation. number of years served. The minimum period of Those sections draw together and restate the pro- service of five years will continue to apply where visions of the various Courts Acts regarding the the retirement is on grounds of infirmity. I under- composition of the superior courts, Circuit Court stand from the Department of Finance that the and District Court rules committees. A feature revised arrangements have been in place for of these provisions is that they provide for the judges on an administrative basis since 2002 and possibility of the secretaryship of the committees these provisions put the arrangements on a statu- to reside in a central support unit within the tory footing. Courts Service. This follows a recommendation Section 43 makes two amendments to the by the committee on court practice and pro- Eighth Schedule of the Courts (Supplemental cedure in its 28th interim report, that would Provisions) Act 1961. The first amendment aims enable the support unit to assist the committees at ensuring regulations made under the European more effectively. Communities Act 1972 may confer functions on Section 49 provides for the authentication of the Master of the High Court. Such powers may District Court orders by a District Court judge or only be conferred by primary legislation or by District Court clerk other than the judge or clerk rules of court. The Master of the High Court has who was present when the order was an increasing role to play, at the preliminary 7 o’clock made. The same provision is made stage, in a number of EU instruments in the civil with regard to warrants issue by a and commercial areas. Such EU instruments are District Court judge, other than a warrant issued generally given effect in law by regulations made on foot of sworn information. The aim of the pro- under the European Communities Act 1972. A posal is to allow greater flexibility in what can be recent High Court decision found that because of an onerous and sometimes impossible task under the present wording of the Eighth Schedule to the the restrictions of the present law, particularly 1961 Act, a provision in regulations under the having regard to the large volumes of orders that 1972 Act purporting to confer jurisdiction on the can arise. master was ineffective. The amendment will rem- Section 50 repeals section 20(4) of the Petty edy this. An amendment to provide similarly in Sessions (Ireland) Act 1851. respect of county registrars is in preparation and will be brought forward at a suitable point in the Debate adjourned. Bill’s progress. The second amendment in section 43 alters the Private Members’ Business. qualification requirements for appointment as registrar of wards of court. Currently, the ———— appointee must be a barrister of either ten years practice or, if serving in the offices of the Public Expenditure: Motion. Supreme Court or High Court, 12 years’ experi- ence in those offices. A minimum of nine years’ Ms Burton: I move: service in one of those offices for a serving officer That Da´il E´ ireann: of the Courts Service or such other service, as the Courts Service with the consent of the President — notes with serious concern the Report of the High Court thinks fit, is the new require- of the Comptroller and Auditor ment. Section 52 similarly proposes to alter the General for 2005 provides continuing qualifications requirements for appointment as evidence of shocking waste and over- examiner and probate officer. These changes spending on a range of public projects allow for appointment of persons to the positions as well as the ongoing recurrence of concerned from within the Courts Service gener- serious tax evasion; ally, as distinct from the more restricted areas of — deplores the continuing incompetence, that service provided in each case. The changes mismanagement and failure to ensure arise out of, and reflect, the unified organisation that taxpayers get value for money, and structure of the Courts Service under the highlighted in the successive Reports of Courts Service Act 1998. At the same time, the the Comptroller and Auditor General; specification by the Courts Service of the qualifi- cations for appointment to the posts of examiner — condemns the failure of the Govern- and probate officer recognises the need for ment to take any action to ensure better value for money since the 2004 report appropriate expertise on the part of appointees. was published at this time last year; and Section 44 amends section 5 of the Courts Service Act 1998, dealing with the functions of — calls on the Government to implement the Courts Service to encompass functions that the proposals for reform of public 1311 Public Expenditure: 3 October 2006. Motion 1312

[Ms Burton.] and Auditor General has a technical job to exam- expenditure management set out in ine Departments and so on. However, we have “The Buck Stops Here”, published by had a catalogue such as this in each of the past Fine Gael and the Labour Party to five years. I have no doubt citizens and taxpayers overhaul the system of public expendi- grow weary on hearing of them. Each item cata- ture management, including the need logued by Mr. Purcell and his team is quite shock- for: ing to most people, like this afternoon’s events, — clear lines of accountability for although not necessarily to those in the more rar- Ministers in the discharge of their efied atmosphere of upper Fianna Fa´il politics. duties; The headline items in the report, such as the shambles made of the purchase of Thornton Hall, — enhanced capacity in the Civil Service are of a scale that the word “shocking” is simply in terms of professional skills and inadequate. There is also the question of inte- training in the management of major grated ticketing, to which I will return, and the projects; question of what has happened with regard to the — a major overhaul of the expendi- health service, but most shocking of all is the ture evaluation process; deep-rooted indifference the Government dis- plays to these reports. Just as the Taoiseach this — the establishment of a gateway afternoon seemed able to weave a wide area system for major capital projects; between himself and normal ethical consider- — clear transparency when Ministers ations so, in regard to the Comptroller and Audi- intervene to fast-track projects; tor General’s report, no-one in the Government parties accepts responsibility. No-one resigns or — the establishment of a public buy- is dismissed, and no-one apologises to the Da´il or ing office to manage public pro- the people, whose taxes fund these errors and curement; mismanagement. — steps to ensure that public bodies The weary citizen is moved to protest but gets are accountable to the Da´il the cold shoulder for his or her trouble. Like through Ministers; General Smuts, Fianna Fa´il sneers in thinly dis- guised contempt. The dogs bark but the wagons — reform of the Estimates process to carry on. This sums up Fianna Fa´il and what we make it more timely and enhance witnessed this afternoon. It is the Fianna Fa´il atti- Da´il scrutiny of public expenditure tude in a nutshell, in that the arrogance of long before it takes place, including the decades in power allows it to take a wholly casual establishment within the Da´il of an line when auditors produce these case studies of Estimates Commissioner; and waste. It is just something that happens at this — reform of the entire budgetary pro- time of the year, which is forgotten in a few days cess to sharpen the focus of spending and safely ignored forever. on strategic priorities, value for Why do we tolerate this attitude? I looked at money, delivery at the front line and the Minister’s colleagues this afternoon — it was to ensure tax reliefs represent good a splendid picture. Every one of the Minister’s use of taxpayer money. colleagues has presided over some shambles or I wish to share time with Deputies Bruton and other, as listed in this or numerous other reports Olivia Mitchell. from the same source. For example, in any gen- During this afternoon’s events, when the Mini- uinely accountable system, the Minister for ster for Finance, Deputy Cowen, was seated Enterprise, Trade and Employment, Deputy beside the Minister for Health and Children, Martin, would have been shown the door years Deputy Harney, it was noticeable that neither ago for the long list of policy and administrative joined in the general clapping. failures he created, for example, the scheme for medical cards for the over 70s, which is way over Mr. Cowen: For the record, I did clap. I am budget, the PPARS episode or the nursing homes glad the Deputy is observant. charges fiasco. Yet he survives and even thrives and achieves promotion, and he sat in the middle Ms Burton: I was paying the Minister a compli- of his colleagues today. Deputy Martin may even ment. I intended to say that at least there become leader of his party some day, as the appeared to be some standards on his side of public memory of his woeful incompetence fades the House. and the years pass, although Deputy Cowen may also have an interest in that position. Mr. Cowen: The Deputy should keep her com- Given that they have been in Government and, pliments and stick to the subject matter. therefore, been driven around by official drivers and Garda drivers for nine years, it is easy to Ms Burton: The Comptroller and Auditor understand how Ministers forget what it is like to General’s report is another catalogue of error, be a commuter or to have to collect a child from omission and waste. We know the Comptroller child care and to be stuck in traffic chaos, with 1313 Public Expenditure: 3 October 2006. Motion 1314 no public transport available. I understand how through the bottom of Sheriff Street. Many Ministers forget this, unless they have children people will not be anxious to walk late at night who are commuters in that age group and hear it through dark city streets with a poor reputation. from them. It has been promised that the Luas may be The integrated system for Dublin that com- extended to Mayor Street and provide some link- muters and public transport users so desperately age. However, without integrated ticketing, a require has failed to materialise despite more commuter from Maynooth will be forced to get than half a decade of promises. The Comptroller off the train and either buy separate bus tickets and Auditor General reveals that the very large to get back to Connolly Station, take a taxi or budget of \29.6 million for this project is inad- buy a separate Luas ticket. I do not know if the equate and that the project now requires \42.7 Minister is aware of how much the minimum million. In March 2002 the RPA was given Luas fare is but it is fairly significant. The Mini- responsibility for developing an integrated ticket- ster could possibly ask his officials what is the ing system using smart card technology, so that fare. people could transfer from the DART to buses The integrated ticketing system seems to have or Luas, as is the norm in many European coun- fallen foul of inter-agency difficulties between tries and throughout the world. Ministers may Dublin Bus, CIE and private operators. This have used public transport when abroad and undoubtedly has been partly caused by the con- therefore may have experienced this type of fusion surrounding the management of this pro- system. ject and the political intentions of the Govern- This system was to be delivered by 2005 for an ment, particularly those of the Progressive agreed budget of \29.6 million. It is October 2006 Democrats in respect of public transport in the and despite spending almost \10 million on the greater Dublin area. We know the Progressive project, we are no closer to implementation. The Democrats have considerable reservations about Comptroller and Auditor General’s report con- the role of Dublin Bus in the commuter bus cludes that approval of the revised budget of system. The key failure highlighted in this report \42.7 million represents the best value for money is the political infighting that leaves people in at this stage, presumably because having spent so constituencies like Dublin West at the mercy of much and committed so much, we cannot turn the nightmare of the M50 and the train from back. In any event, an election will intervene and Clonsilla. the Government will need something to tell I am aware the Minister has not yet had an enraged commuters. opportunity to travel on this train but it is known It defies belief that such a huge amount of locally as the Calcutta express because of the money has been spent on this project over so level of overcrowding which involves people many years without producing anything for tax- hanging on for dear life. We have embryonic bus payers. While developer friends of the Govern- lanes in developing areas in Dublin and west ment, particularly friends of Fianna Fa´il, are mak- Dublin but due to political rows between the ing huge amounts of money from the new housing Minister and the Progressive Democrats, it has developments that sprawl around the edge of been impossible to get the additional buses to Dublin city, the Government cannot get its act provide a service on these lanes. Again, the issue together to provide an integrated transport is where the buck stops. Does it stop with some system to transport new home owners to their junior civil servants who simply cannot end the jobs, usually in the morning, and back to their impasse between the different agencies? Alterna- homes, usually in the evening. tively, does it stop with a Minister or the Govern- Even the existing plans fall far behind what is ment collectively? The Minister has been unable needed. It has been clear for some time that the to give us an answer. As we heard this afternoon, planned infrastructure for the west of Dublin, his defence is bound to consist of one excuse after which is the main growth area, and the Leinster another but he should tell this to the commuters area is completely inadequate. The census facing a journey to work of two or more hours estimates of new population show the problem is each day and a further two-hour commute home. far worse than was estimated. For example, the The Ta´naiste and Minister for Justice, Equality major project for people living in north-west and Law Reform must answer very serious ques- Dublin city is the development at Spencer Dock. tions arising from the special investigation by the This development could reach Navan in County Comptroller and Auditor General into the Meath rather than just Clonsilla and could ulti- acquisition of the Thornton Hall prison site. mately reach Longford, Sligo and Westport in Spending on this site was sanctioned on the con- County Mayo. This will allow greater capacity on dition that procurement guidelines had been the Maynooth line. strictly followed, yet the report from the However, the new Spencer Dock station is Comptroller and Auditor General’s office indi- located 800 metres from the proposed new ped- cates that this was not the case. Chapter 4 of the estrian footbridge, leaving commuters with at report supports many of the main criticisms of the least half a mile to walk to get to a central deal. It is clear that the Government paid at least location on the southside of Dublin. The distance twice the market rate for the land in handing over is even further if one walks to Connolly Station \30 million for the site. It acquired 50 acres more 1315 Public Expenditure: 3 October 2006. Motion 1316

[Ms Burton.] to visit them? In practice, the only way the land than was needed at the excessive price of families of the type of people who end up in our \200,000 per acre and did not pay sufficient atten- prisons can visit them is by using a prison bus tion to secondary costs, such as developing access service and prison vans. This means that families routes and public access to the site. I know the will face journeys to and from the prison in this Minister cannot know where Thornton Hall is but van of over an hour each way. This provides the area possesses completely inadequate road plenty of opportunities for criminal elements to infrastructure and is served by one bus per day, lean on them as they see fit in respect of criminal which leaves early in the morning and returns late activities within the prison, which is disgraceful. in the evening. Regarding taxation, the Minister for Finance’s The report indicated that the detailed eval- predecessor stated many times that there was no uation criteria for comparing sites that was laid hidden pot of gold from people who did not pay out on paper was not applied. Factors such as their fair share of taxes. It is interesting to note road access were not taken into account. Cost was that this report states that the investigations into given an exceptionally low weighting as though it life assurance products have already yielded some had no importance with regard to the decision. \398 million and are expected to yield another The total cost was \30 million, which was way \100 million. This again proves some people in over what it should have been. The hiring of con- society are determined and prepared to take the sultants to advise on site acquisition did not com- chance that tax evasion will work for them. Why ply with procurement requirements laid out by can they do this? The report shows that the Departments. A total of \310,000 was paid to number of audits carried out by the Revenue consultants. This should have been the subject of Commissioners fell from 16,321 in 2004 to 14,214 procurement tendering. This episode shows the in 2005, which represents a decrease of 13%. need to reform land acquisition so that sites can Therefore, people who want to evade tax do not be properly evaluated, with considerations such have to worry too much about Fianna Fa´il being as access and other facilities being accounted for on their case. Despite a construction boom that during the purchasing process. has lasted ten years, the Revenue Commissioners Throughout the process, the Minister for have only recently begun to examine tax com- Justice, Equality and Law Reform refused to pliance in the construction sector. There are answer questions from other Deputies arising people who fail to pay taxes and thereby rob our schools and hospitals, yet single people on PAYE from genuine concerns that the site was unsuit- \ able and overvalued and that locating a super- are forced to pay tax at 42% on 32,000 should prison in this rural location destroyed the possi- they be fortunate enough to get a bit of overtime. bility of strategic planning of development in the Last year there were only 12 convictions for tax area. The Minister refused point blank to answer evasion. That figure should be contrasted with the questions at the time and, reading this report, the 256 prosecutions undertaken for social wel- we now know why. Again, the impulse behind fare fraud. How much money was involved in the social welfare fraud? According to the Comptrol- developments at Thornton Hall seems to be ideo- \ logical. The Progressive Democrats want to close ler and Auditor General’s report it was 1.3 mil- Mountjoy Prison not simply because it is an old- lion, yet tax evasion amounted to billions, as we fashioned and inadequate Victorian prison, but know from the results of all the inquiries. The problem is not failed civil servants but a Govern- because the new Thornton Hall prison will be a ment that fails to take any sense of responsibility. super-prison on an American scale and easily pri- When crises arise it is always somebody else’s vatised down the road, should political circum- fault, never the Minister’s. stances allow the Minister for Justice, Equality We have published a document, The Buck and Law Reform to do so. I see the Minister for Stops Here, which sets out in detail what would Finance is smiling but he will not be smiling too happen and how we would reform accountability much when this happens. on spending hard-working taxpayers’ money. One of the regretful aspects of the Thornton Hall proposal is that as a result of the develop- Mr. Bruton: I wish to share time with Deputy ment of the new prison, the women’s prison, Olivia Mitchell. Do´ chas, on which tens of millions have been spent and for which many female Deputies from An Leas-Cheann Comhairle: Is that agreed? all parties, including the Minister for Finance’s Agreed. own party, campaigned in this House, will be closed down. Successive studies have shown the Mr. Bruton: I congratulate the Comptroller need for female prisoners to maintain access to and Auditor General once again on producing an and contact with their children when they are in excellent report, which is unique from a Govern- prison if they are to be successfully rehabilitated. ment viewpoint in that there is no spin in it what- A prison using this good model of penal practice, soever. It is straight up, fair, refreshing and tells which has proved to be rather successful, is to be it as one sees it. It is important to take this oppor- closed down to be replaced by this super-prison. tunity to debate the report but, sadly, it has How are female prisoners’ families, including become a litany of Government failure and waste, their children, supposed to reach Thornton Hall which we are witnessing once again this year. This 1317 Public Expenditure: 3 October 2006. Motion 1318 time the taxpayer was asked to stump up double They put themselves in an impossible negotiating the cost of a site to build a prison, involving a hit position whereby they had to pay a huge amount of over \15 million. The taxpayer was also asked for it. Then they used a trailing issue of the new to stump up the cost of 30,000 phantom medical discretionary cards. It is unclear where the infor- card holders. The Government promised to mation came from but they came up with a figure provide 200,000 extra medical cards but this is the that 75,000 of these cards were provided because only sign so far of any extra cards. Over a period of exceptional medical circumstances. They paid of years, taxpayers have had to stump up \20 mil- away merrily on the basis of those 75,000 but we lion for 30,000 people who did not exist. now find in an audit that the database only shows In addition, we have had the continuing saga of 36,000 such cards. Not even all of those cards integrated ticketing, which Deputy Olivia were supposed to be compensated because they Mitchell will deal with later. It is the longest run- did not all come within the criteria for compen- ning saga of its kind. Sadly, a lot of taxpayers’ sation. Once again, we see the taxpayer being money has been lost week after week, amounting treated like a patsy or fall-guy who must take up to \10 million already on that project alone. all the slack and carry the cost of Ministers mak- All these projects, which have gone off the ing announcements they did not think through in rails, are distinguished by the fact that they are the first place. pet projects of Ministers and driven by ministerial It is the same with integrated ticketing which demands for action. There is a problem with has been in every programme for Government Ministers who clearly have an appetite for head- including the PDs and Fianna Fa´il, yet it still has lines when such projects are announced, yet do not been managed as a coherent project. One not seem to follow through by ensuring the cannot escape the fact that Ministers have been systems put in place will deliver such projects at the heart of a consistent pattern of waste that efficiently and punctually. is repeatedly coming to our attention. The con- As we have heard from his colleague, I am sure sistent themes involving Ministers include an the Minister will say this is a drop in the ocean abuse of procedures, which was clear in the case and does not matter but I do not accept that for of the really big ones that attracted public atten- one minute. This does matter because it goes to tion, such as e-voting, Media-Lab Europe, the heart of the way in which public money is Stadium Campus Ireland and Punchestown. In spent. If we tolerate it in these cases, we will be every one of those cases the Comptroller and accepting a standard that is not good enough. I Auditor General found that Ministers abused the examined the report on the prison site and it is procedures under which projects were to be unacceptable; the selection of consultants did not handled. comply with the rules of procurement. They The other major area — I hope the Minister dropped the site cost per acre from the evaluation does not do it this year — is producing rabbits scheme, which is a key issue for anyone conscious out of hats on budget day which have never been of taxpayers’ money. They ignored the fact that properly costed and have never gone through any they were in a unique position to use unzoned private consultation within Departments. The land, yet went instead for a public advertisement high-water mark for that is decentralisation for system which guaranteed they would go for the which we will pay for many years to come top price. At that stage, the top price for land because it was not planned. with potential was \100,000 per acre but they Another area concerns bad deals struck by paid twice that. They paid almost full develop- Ministers who rush in to such projects. We saw ment land values, even though if they had hand- the former Minister, Deputy Woods, do it and we led it correctly they could have bought it for a saw the former Minister, Pa´draig Flynn, do it with much lower price at unzoned levels. They bought toll roads. These approaches by Ministers need to more than they said they needed at the site ulti- be curbed and the only way to do so is by putting mately decided upon. They also entered into clear responsibility on the shoulders of those who negotiations with just one buyer when the whole commit to spending public money. One of the pil- purpose of the system was to have multiple buy- lars of the Fine Gael-Labour Party document is ers and real competition in the market, which the to hold Ministers responsible so they cannot wash Comptroller and Auditor General says compro- their hands of responsibility when projects they mised their position. The report is a litany of how have pushed through and have not properly con- not to handle a project. I think even the Minister, trolled go wrong. Ministers should not be pro- who will want to defend the Ta´naiste today, will moted to something higher because they got such accept in private if not in public that this is not projects so seriously wrong. good enough. We can change that system which is dogged by The medical cards case is not acceptable. This decision making without taking responsibility. was driven by a budget day announcement — one There is a weakness in the follow up. I admit the of these rabbits that was produced out of the hat, mismanagement of projects has been partly down providing medical cards for everyone over 70. We to poor experience. We have suddenly got into know that project was not costed and the number big public spending on infrastructural projects, of people and the cost were incorrectly estimated. yet have not until recently built up the expertise. 1319 Public Expenditure: 3 October 2006. Motion 1320

[Mr. Bruton.] The Irish economy is rightly admired by many I accept that some of the overruns were culpable throughout the world. We have pursued consist- because the Comptroller and Auditor General ent policies from one Government to another. found there was a failure to do proper costings. There has been a pattern of consistent policy, However, they could possibly be excused on the protecting enterprise and ensuring that incentives basis we did not have the expertise and were try- are provided for enterprise. That has been a great ing to do things too fast. That cannot be accepted success. There is the same opportunity to look at anymore, however, because we have been at this public service reform and to bring to it the same for a long time. We are at a high level of capital commitment to innovate, to fresh thinking and investment and can no longer tolerate projects fresh management, the same openness and will- coming in so far over budget. ingness to be held accountable for results that has A comprehensive set of reforms is required as characterised our success in other areas. That is regards the way we handle public money. That the next great mountain that has to be climbed point is at the heart of the Fine Gael-Labour by Ireland. Party document. We must begin by reforming the It is not acceptable that as one of the most gaping flaws in the way we formulate the budget. wealthy countries we have to justify accident and It is not acceptable that the tax side is not sub- emergency departments that do not work for jected to scrutiny other than a once off scrutiny people in serious need, and in the area of disad- by the Minister. That one-off investigation was vantage that children ten years into programmes scary to the extent to which huge sums had been of so-called combating disadvantage are still as committed, not only now but into the far distant badly off, relative to their peers, as at the start of future, which were yielding virtually nothing, in those programmes. That belies a breakdown in many cases, of commensurate value to the tax- the way we manage our public money and poli- payer. That has to change. We cannot have the cies and form strategies, and what we accept as discovery now and again of huge amounts of proper plans. I believe there is political responsi- money gone down the tubes in tax schemes that bility for this. have outlived their usefulness. On the last occasion this Government won We have to change also the horse trading that office with all sorts of glossy plans for which there characterises the budget and estimation forma- was no strategy whatsoever unpinning. It has tion. We must have systems where performance created this cynicism and underperformance cul- drives money and budgetary allocations and ture that we have to live with. There was no where Ministers take responsibility for perform- strategy to deliver and end hospital waiting lists ance when they get extra money. The day they by 2004. There was no strategy to reduce waiting get \200 million extra in their Estimate they must times in accident and emergency departments or pin down exactly what is new and what they will to reduce class sizes to 20 or fewer for children deliver, and they should be held responsible. We of nine years and under. Yet Ministers went out have to get to that level of accountability from and said what they would do but there was Ministers in the way the budget is formulated. nothing to underpin it and it did not happen. We The present system of phoney secrecy where the have to get away from that scenario and set Estimates are produced at the end of November higher standards for ourselves in politics in the and the budget two weeks later, and the House way we handle public money. That is one of the packs up for Christmas after one omnibus vote key themes that has to be addressed as we look does not pass as proper scrutiny of whether the to the next election. I hope there will be a clear decisions being made in the budget are the best and resounding vote for a better way to deal with ones for the taxpayer. We have to get away from public money. that system. There are many changes that need to be made in the way we approach public spending. Ms O. Mitchell: My colleague, Deputy Bruton, A decade has elapsed since the Public Service has dealt with a variety of issues, including the Management Act was passed when we had to misspending of public money. I shall deal solely have proper strategies, objectives and perform- with transport issues, a field that is strewn with ance indicators, and we had to measure these. over-spending, misspending, opportunity costs, The Minister would put his hand on his heart and from the bus lanes on which more than \100 mil- say that has not happened. There are no proper lion has been spent, many of which are devoid performance indicators for huge swathes of of buses, the Dublin Port tunnel project which is public spending. coming in at probably the most expensive infra- Recently I have looked at the area of crime. structure project ever in Europe, the Aer Lingus The budget has been doubled in this area and yet debacle and the terminal at Dublin Airport where the detection rate for serious crime has collapsed. a decision must be made — the opportunity costs That is not Ministers being held accountable or there are unknowable. The actual costs of con- using their budget formulation in a way that struction are greatly increased and still unknown. ensures the taxpayer gets value for money. That Against a background of the order of over- has to change. There is a need to put reforms in spending on these projects presided over largely place to make that happen. by the Minister for Transport, no doubt the over- 1321 Public Expenditure: 3 October 2006. Motion 1322 spending on integrated ticketing might appear Ms O. Mitchell: Notwithstanding the Minister’s minuscule to Ministers who have so much money fence sitting, there are also serious questions to that they consider millions of euro as small be asked about the refusal of Dublin Bus to par- change. The Comptroller and Auditor General’s ticipate and co-operate in the implementation of report on integrated ticketing is a sorry saga of a Government decision. No matter what the pitiful public governance. From the start the pro- excuses and irrespective of the motivation which ject was badly conceived, poorly supervised, inad- may well have been bus users’ interests, the equately supported and doomed to failure Government as a whole cannot allow this blatant because of the absence of political commitment rejection and ignoring of a Government decision to the kind of framework necessary for its suc- by anybody, particularly semi-State bodies. This cess. The report makes it clear that the bottom of sort of behaviour cannot go unquestioned and the problem was a political failure. should be questioned by the Minister. No public Already \10.5 million of taxpayers’ money has body can be allowed to subvert the implemen- been spent and we have no card, smart or other- tation of Government policy, no matter how wise, and no early prospect of such a card. The poorly articulated or overseen that policy has budget has gone from \29.6 million to \42.7 mil- been. lion and nobody knows where it will end. The Clearly there was a failure of co-operation, a \10.5 million already spent is dead money. It failure to put partisan chip aside, but the big fail- makes no contribution and has been completely ure was at political level, first, by the refusal to wasted. We will have to start again. More has clarify the future transport framework for Dublin been lost in the initial financial outlay of the \10.5 and also by the Minister’s failure to respond, take million. The opportunity cost of failure to deliver charge, ask questions or show any particular something promised as far back as 1997 by the interest at any stage even when there were clear then Minister, Senator O’Rourke, must also be signals that disaster was glaringly obvious. There factored in, as well as the inconvenience to the were rumblings for a time but when the tendering travelling public, the potential synergies that system failed, a very unusual event, at that time might have arisen in the actual integration growth surely the alarm signals should have gone off. of the transport systems from an integrated and Instead the Minister came in here and in response co-operative ticketing system and the distraction to my questioning he shook his head in despair, and time wasted by the various actors and organ- tut-tutted at the lack of progress and generally isations involved in this whole unproductive exer- behaved as if it had nothing at all to do with him. cise. On all fronts this was an exercise in how not In this Government’s world it had nothing to do to do business and how not to manage public with him. The buck never stops with the Govern- money. ment because it is not its buck. It is not its hard The project was precluded from success by the earned money. Not alone is it not just the tax- absence of political direction and political payers’ money, there is plenty more where that decisions about the future regulatory framework came from. This is the attitude that pervades the for public transport. There were hints of what Department of Transport and every Department might happen in the future. This resulted for — incompetence and indifference to wasteful everybody in complete uncertainty as to where public spending, a failure to plan, monitor and they stood. There were question marks over the evaluate projects and a complete denial of any existence of some of the organisations post the responsibility for any of the public service spend- setting up of the promised Dublin Transportation ing outrages that have been the hallmark of this Authority and none knew the extent or the nat- Government. ure of their future involvement in public trans- The public can forgive incompetence, but it will port delivery. Small wonder then their reluctance never forgive or forget the blatant denial, haughty to get involved in any particular ticketing system. indifference and dismissive arrogance of the The Minister was well aware of the tensions Government’s approach to people’s hard earned between the players but continued to sit on his money. hands, refusing to give direction or comfort to those who were uncertain of their future role—— Minister for Finance (Mr. Cowen): I move amendment No. 1: Mr. Cullen: A stop. To delete all words after “Da´il E´ ireann” and Ms O. Mitchell: ——while at the same time substitute the following: expecting the impossible of those charged with “— notes the Annual Report of the ensuring a viable ticketing system. Will the Mini- Comptroller and Auditor General on ster please stop shaking his head? This failure to the 2005 Appropriation Accounts and make a decision, the failure of leadership, the fail- that in line with normal procedure it ure to govern is at the root of this total waste of will now be passed for scrutiny to the public money. Committee of Public Accounts; Mr. Cullen: I am used to giving honest assess- — acknowledges the need to pursue best ments in any event. practice in the management of public 1323 Public Expenditure: 3 October 2006. Motion 1324

[Mr. Cowen.] I propose to share time with my colleague, the expenditure to ensure value for Minister for Transport, Deputy Cullen. money for the taxpayer, and in this I will make some remarks of a general nature regard commends the initiatives on the Comptroller and Auditor General’s report taken by Government in recent years for 2005 to put it in context. I intend to concen- to promote more efficient and effec- trate on the Government’s reforms to public tive management of expenditure expenditure management and value for money including: initiatives, the actions taken by Government on — the introduction in 2004 of rol- tax evasion and on the Government’s overall ling multi-annual capital envel- achievements in regard to public services. My col- opes for better management and leagues will, in the course of their contributions control of public capital prog- to this debate, deal with specific issues raised in rammes and projects; the Comptroller and Auditor General’s report and with sectoral reforms and achievements in — the publication in February 2005 their areas. of new guidelines for the The 2005 report of the Comptroller and Audi- appraisal and management of tor General must be put in the context of gross capital expenditure proposals in annual spend by central Government. In 2005 the public sector; gross expenditure by central Government on — the additional value for money public services, including the social insurance measures in relation to major fund, amounted to approximately \45 billion. Of projects and ICT projects and this some \15 billion was in respect of pay and consultancies announced in pensions, over \12 billion in respect of social wel- October 2005; fare, \12 billion in respect of health and \7 billion in respect of education. — the introduction this year of new The Comptroller and Auditor General has long arrangements for value for been a core part of the systems of oversight in money policy reviews in place of this country. There is a statutory requirement on expenditure reviews; him to report annually to Da´il E´ ireann on his — the establishment of a central audit of departmental appropriation accounts. expenditure evaluation unit in His annual reports are exceptionally valuable, the Department of Finance to especially where they point to systems errors promote best practice in eval- which should have prevented waste occurring. I uation and ensure compliance by welcome his report as an important input into the Departments and agencies with ongoing process of ensuring better value for tax- value for money requirements; payers’ money. — recent reforms to the procure- The 2005 report is not therefore some major ment of public construction con- new report on Government waste, but simply the tracts and reform and modernis- comptroller discharging his annual function. As ation of the system for Deputies are aware, the Comptroller and Auditor employing construction related General reports are transmitted to the Commit- consultants; tee of Public Accounts and form the basis for the questioning by the PAC of the Accounting — the introduction of the national Officers of each Department. The report of the public procurement policy PAC is in turn remitted to me for comments and framework for implementation my comments are relayed back to the PAC after by public bodies, in particular I have consulted the relevant Departments. This the development of corporate process enables the points made by the procurement plans that set tar- Comptroller and Auditor General and the PAC gets for achieving savings and to be fully followed up and the necessary changes broad value for money objec- to be introduced to remedy any shortcomings. tives; and Poor management of public expenditure and — reforms to the Estimates and occurrences of wasteful expenditure are not budget process announced in acceptable at any time. The Government is deter- budget 2006; mined to redress problems that come to light. Nonetheless, promises that all instances of inef- — notes the measures taken to improve ficient and wasteful expenditure can be totally tax compliance; and eliminated are not realistic. Is there a person or — acknowledges the major improve- organisation, let alone a government, in the world ments in public services since 1997 who can honestly say that they have maximised arising from the very significant level the return from every cent of spending or every of resources allocated by Govern- investment decision? Of course not. However, ment over that period.” what we can and must do is have systems for 1325 Public Expenditure: 3 October 2006. Motion 1326 planning and evaluation which minimise the risk egated responsibility for selecting and managing of waste and maximise the chance of finding it their capital programmes and projects within the when it occurs. framework of the capital envelopes, provided that While there have been problems and incid- they comply with my Department’s guidelines for ences of waste, the Government has continually capital appraisal and public procurement and the sought to learn from those mistakes and we have other value for money requirements introduced been proactive in introducing measures designed last year. The response by Departments and to optimise value for money from public expendi- implementing agencies to the multi-annual capital ture for the taxpayer. A number of important investment framework has been uniformly posi- initiatives have been put in place by the Govern- tive. This is being reflected in better project and ment in recent years to secure this objective. programme management. These include the introduction in budget 2004 of The February 2005 guidelines for the appraisal rolling five-year multi-annual capital envelopes and management of capital expenditure proposals for better management and control of public in the public sector are designed to encourage a expenditure programmes and projects; the publi- better approach to appraisal and management of cation in February, 2005 of new guidelines for the capital programmes and projects and to reflect appraisal and management of capital expenditure best international practice. Key features of the proposals in the public sector; the additional guidelines are that all projects over \30 million value for money measures with regard to major must undergo a full cost benefit analysis and projects, ICT projects and consultancies small to medium projects must undergo an announced in October 2005; the introduction this appraisal commensurate with their scale. The year of new arrangements for expanded value for capital appraisal guidelines contain all that is money policy reviews in place of expenditure necessary to assist proper costing, appraisal and reviews; recent reforms to the procurement of efficient execution of projects. There are checks public construction contracts and reform and and balances built into the guidelines to ensure modernisation of the system for employing con- that projects are properly appraised and managed struction-related consultants; the introduction of from project inception to procurement and post the national public procurement policy frame- project review. Sponsoring agencies and Depart- work for implementation by public bodies, in ments must carry out preliminary and detailed particular the development of corporate procure- appraisal of all projects and seek approval of the ment plans that set targets for achieving savings relevant sanctioning authority before proceeding and broad value for money objectives; the recent through the key stages from appraisal to planning establishment of a central expenditure evaluation and implementation. unit in the Department of Finance to promote The guidelines explicitly state, as part of the best practice in evaluation and compliance by appraisal process, that “the cost of the project Departments and agencies with value for money should be the expected outturn cost, including requirements; and reforms to the Estimates and construction costs, property acquisition, risk and budget process announced in budget 2006. contingency” and that “the cost of possible future The objectives of these initiatives are to ensure price increases and variations in project outputs that there is more effective and efficient allo- should be factored into the calculation of project cation and management of resources by Govern- costs”. ment, Ministers, Departments and agencies, The value for money initiative which I better value for money for the taxpayer and announced in October last includes a number of greater accountability to the Oireachtas and the important measures to promote better account- public in regard to public expenditure policy and ability at project level. It is now a specific require- achievements for public expenditure. ment for all major capital projects and ICT pro- We are acutely conscious that we must get opti- jects that an individual project manager must be mal return for the significant levels of capital appointed who is responsible for managing and investment we are committed to. Currently we monitoring project progress and for reporting spend close to 5% of GNP on capital investment progress to a project board. There must be reg- funded by central Government. This is approxi- ular reporting of progress on capital programmes mately twice the European average. Public and major projects and value for money generally investment under the 2006-10 capital envelope to the management advisory committee of will amount to over \43 billion. Departments and to boards of State agencies. The The rolling five-year multi-annual capital objective is to ensure that problems arising are envelopes with a 10% capital carryover facility is brought to notice and dealt with at an early stage. a common sense move which breaks the rigidity A further innovation is that details on progress of the annual allocations system which under- on project outcomes against budgets and sched- mined good planning. Departments and agencies uled completion dates for projects above \30 mil- now have greater medium term budgetary cer- lion must be included in departmental annual tainty and more flexibility in planning and man- reports on their statements of strategy. aging their capital programmes and projects. We Departments are also required under the new see the benefits of this. They have general del- value for money arrangements now in place to 1327 Public Expenditure: 3 October 2006. Motion 1328

[Mr. Cowen.] for capital works projects on a lump sum fixed report annually to my Department on progress price basis for three years. under their capital envelopes. They must include, The conditions of engagement for consultants as part of that reporting requirement, an account are structured and balanced in a way that incen- of progress on major capital projects and com- tivises more efficient and effective consultant per- pliance with the general conditions of my Depart- formance to better protect the public sector ment’s delegated capital sanction and the capital client’s interest. The conditions also change the appraisal guidelines, including details of spot- fee payment mechanism by introducing competi- checks for compliance carried out by them. tive fee bidding but allowing quality to remain a I have recently established a central expendi- key award criterion for quality-dependent ture evaluation unit in my Department. It will projects. have a key role in promoting best practice on The new contracts and conditions of engage- appraisal and evaluation generally and in ensur- ment will be applied with effect from January ing compliance by Departments and agencies 2007. Prior to this, an intensive training prog- with the capital appraisal guidelines and other ramme will be undertaken to ensure public sector requirements under the enhanced value for clients are fully familiar with the new contractual money framework now in place. The unit will terms and conditions. The new contractual con- review the annual reports from Departments to ditions for contractors and consultants are a key my Department in regard to compliance with element in the drive towards greater value for capital appraisal and value for money require- money from capital works projects over the ments. The objective is that deficiencies in medium to longer term. Departments and agencies with regard to project As part of its ongoing commitment to reform management and value for money are identified and building a robust management and value for and, more generally, to facilitate more systematic money assessment framework, the Government engagement between my Department and decided to replace the expenditure review initiat- Departments and agencies in taking any neces- ive with new arrangements for value for money sary corrective action. policy reviews. These arrangements which I With regard to ICT projects, a formal peer announced on 11 June last, build on the value for review process for major projects is also in oper- money reforms already in place, such as the ation. The peer review is carried out at key multi-annual capital envelopes, the revised capi- decision points, preliminary business case assess- tal appraisal guidelines and the procurement ment, detailed assessment, pre-tender, post- reforms. tender, and project close-out, by a team of experi- enced people external to the project board and A programme of 90 value for money reviews the organisation. In 2005, I also introduced, the has been agreed for Departments for the period national public procurement policy framework. 2006-08. I am determined that what I accept has The aim of the policy is to encourage strategic been a poor record with regard to the timeliness change in public sector procurement by improv- of completion of reviews under the earlier round ing the procurement process in public sector of reviews will not occur on this occasion. In organisations. Under the procurement frame- addition, to address criticisms about the scale and work each public sector organisation is required nature of the topics reviewed under the former to develop and implement an individual corpor- expenditure review process and to ensure greater ate procurement plan. The plan must include an accountability, the value for money reviews being overview of existing procurement expenditure, undertaken by Departments in the period will, as procedures and processes, a set of high level pro- a general rule, have a minimum indicative cover- curement goals and a detailed breakdown of the age of at least 10% to 15% of Departments’ process for implementing each goal. These target budgets. The completed reviews will also be pub- driven measures will help improve procurement lished and submitted to the relevant Oireachtas processes, policies and procedures across the select committees for their consideration. I hope service and will result in better value for money the committees for their part will take an active outcomes to procurement. interest in the reviews and will engage with The Government has introduced significant Departments in assessing their impact on value reform to the public construction contracts for money for the taxpayer. regime to achieve greater cost certainty and cost My announcement of last June also effective and timely delivery of public capital encompasses reviews which impact on value for works projects. My Department has now com- money but which are not part of the formal value pleted a suite of five new forms of construction for money policy review initiative. There are contracts for civil and engineering and building many instances of dedicated reviews and studies works and, for the first time, put in place carried out by Departments which impact on standardised public sector conditions of engage- value for money. Henceforth, details of all such ment for construction consultants. The new con- reviews will generally be made available to the tractual conditions are focused on transferring relevant Oireachtas committee and copies of the identifiable risk to contractors to allow tendering reviews will generally be given to the committee. 1329 Public Expenditure: 3 October 2006. Motion 1330

The Government’s reform of the Estimates and ments by singling out individual instances of budgetary process which I announced in budget waste for mention or by making exaggerated 2006 will significantly enhance accountability for claims that expenditure on programmes is wasted public expenditure. From 2007, Ministers will be if any part of it showed waste, or that the failure required to submit an annual output statement to to solve every problem means there has been no the Oireachtas in tandem with their Estimate. progress on delivering services. The vast bulk of This statement will set out the target outputs of all public expenditure provides real value for Departments and agencies for the resources pro- money and delivers essential services and a good vided in their Estimates and, from 2008 onwards, return for the taxpayer. Every day this expendi- Ministers will report progress on performance as ture is effectively delivering significantly compared with targets. The performance infor- important services to our citizens. Over \50 mation which the annual output statements will billion will be spent this year and social welfare, contain will enable the select committees and citi- health, education and capital investment will zens to see what outputs are being achieved for account for almost 80% of that expenditure, public expenditure. All Departments are cur- bringing significant improvements. rently actively engaged in the process of produc- The Opposition has complained that no pro- ing their outputs statements to meet next year’s gress is being made on the long waiting lists. It is deadline. I envisage the process will be developed the case that for some operations the waiting lists and refined in the light of its operation. have shortened from five years to five months. Under this reform, the Select Committee on We have built record numbers of schools—— Finance and the Public Service, taking account of the deliberations of the various select commit- Ms Burton: There are lots of children in Dublin tees, will submit a report on expenditure to the West with no school place. That has not been House. This report can be an input into sub- heard of since 1916. sequent Government consideration of the expen- diture Estimates for the following years. Mr. Cowen: A significant amount of resources The above package of measures marks a major have been invested in providing for people with move towards ensuring that we at least match disabilities and in placing them in mainstream international best practice in achieving value for education. This may have deferred in some money and better accountability for public instances the question of reducing pupil-teacher expenditure. These measures refute the alleged ratios which have been reduced by a further one inaction as set out in the Opposition motion. Fol- this year and a further one next year, as outlined lowing a review by my Department of tax reliefs by the Minister for Education and Science. The and exemptions, I introduced significant changes Government’s record in education and health is in the budget and the Finance Act 2006, to curtail very good in terms of investment. the potential for individuals to reduce their net Ms Burton: What about the parents with no liability for tax by using tax reliefs, including a school for their children? restriction on the use of specified tax reliefs by high income taxpayers. The restriction will come Mr. Cowen: The real achievements cannot be into effect from 1 January 2007. The list of speci- ignored. fied reliefs includes various property-based tax incentives and certain other reliefs such as the Ms Burton: What about the parents who have business expansion scheme, film relief and no school for their children? donations. Tax exemptions, including artistic income, stallion fees, and patent royalties will Mr. Cowen: People expect us to recognise—— also be subject to this restriction. The aim of this new restriction is to try and get Ms Burton: People expect school places. the balance right between promoting tax equity in relation to those on high incomes while at the Mr. Cowen: I remind the Deputy that heckling same time maintaining the incentive effect of the in a childish manner in this Parliament does various tax reliefs introduced to achieve a part- nothing to add to the quality of debate. icular public good. The measure is being intro- duced with effect from 1 January 2007 to allow Ms Burton: People expect a school place for sufficient time for individuals affected by the their children. restriction and their tax advisers to become fam- iliar with the operation of the restriction. It is esti- Mr. Cowen: Significant progress is being made mated this restriction will yield \5 million in 2007 in a range of areas. The Comptroller and Auditor and \50 million in a full year. General’s annual report to this House, as is the It is important the record is set straight with case for every Government of every composition, regard to achievements for the expenditure points out where we can do better and where we applied by this Government. It is very easy for need to do better. The important point is whether the Opposition to play politics with this area in we put in the systems of accountability that mini- an attempt to undermine Government achieve- mise the chance of risk and whether we can 1331 Public Expenditure: 3 October 2006. Motion 1332

[Mr. Cowen.] Mr. Cullen: I will deal with the Deputy in a ensure that we have the systems in place to minute. I will come to it. enable us to make the sort of progress which tax- payers can rightly expect from the huge sums of Ms Burton: Where are the trains for Clonsilla? money being invested in public services with real returns and real results. Mr. Cullen: The bleating of the Labour and Fine Gael parties, both diametrically opposed in Minister for Transport (Mr. Cullen): Iam policy, has delivered nothing—— happy to participate in this debate and to deal with issues which are of significant national Ms Burton: Tell us about integrated ticketing. importance and which concern the Department of Transport. Mr. Cullen: ——and will not deliver anything Yesterday I opened the Fermoy bypass which as the Deputy well knows. I am happy—— has been completed eight months ahead of sched- ule and under budget. This bypass will remove Mr. Durkan: Tell us about e-voting. 17,000 vehicles each day from Fermoy town centre and will reduce journey times by up to 30 Ms Burton: Tell us about integrated ticketing minutes. The Fermoy road opening is not an iso- as that is what is contained in the report of the lated event but rather is typical of what is hap- Comptroller and Auditor General. pening on the national roads network, nation- wide, on a weekly basis. This is known by all Mr. Cullen: As the House knows, Ireland has colleagues from all sides of the House because become unique and a Government decision—— they all turn up, along with all their councillors, to welcome these projects which transform and Ms Burton: There are no buses. That is what is have a significant impact on people’s daily lives. unique about it. The Kilcock-Kinnegad motorway was deliv- ered ten months ahead of schedule. The Dundalk Mr. Cowen: Are we going to have order in the bypass was also opened ahead of schedule. To House when a Member from the Government date in 2006, nine projects have side is speaking? 8 o’clock already been delivered on time and within budget. They include the Mr. Cullen: A Government decision unique in Cavan bypass, the Enniscorthy-Clonroche Europe was taken in recent times—— realignment, the Ashbourne M50 bypass, the Ms Burton: What was unique? Ballyshannon-Bundoran bypass, the Edgeworths- town relief road, the Naas road widening, the An Leas-Cheann Comhairle: Order, please. Mitchelstown relief road and the Castleisland- Abbeyfeale project. All these projects are on Ms Burton: Was it e-voting? budget and ahead of schedule. As can be seen from the spread, the projects being delivered Mr. Cowen: A Leas-Cheann Comhairle, can we affect every part of the country. It is not just have order in the House, please? roads that are being developed. The Luas project is a tremendous success and improvements to the Mr. Cullen: ——by investing in—— DART and the intercity rail services are making a real difference to public transport. Ms Burton: On a point of information——

Mr. Durkan: It did not come in on budget An Leas-Cheann Comhairle: There is no such though. thing as a point of information.

Mr. Cullen: Most of it is on time and under Mr. Cullen: Is there something wrong with budget. The Government remains committed to Deputy Burton this evening? implementing ambitious projects with greater effectiveness and with emphasis on speedy Ms Burton: This motion is about the report of delivery. the Comptroller and Auditor General. It is about the prison at Thornton Hall and integrated ticket- Ms Burton: Where are the buses in Dublin? ing. The Minister has not addressed either matter yet. Mr. Cullen: The national roads programme is now part of the wider Transport 21 investment Mr. Cullen: If the Deputy would stop talking, I framework and, as such, it is now subject to the might address them in the time allowed. rigorous monitoring—— Ms Burton: You address matters not contained Ms Burton: There are buses in Transport 21. in the report. On a point of order, is the Minister Where are the buses? required to address the motion on the report? 1333 Public Expenditure: 3 October 2006. Motion 1334

An Leas-Cheann Comhairle: That is not a Ms Burton: Has the Minister taken the bus to point of order. The Deputy is being disorderly. Thornton Hall?

Mr. Curran: On a point of order, the motion is Mr. Cullen: On the issue, to which the Deputy much broader than Deputy Burton indicates. The referred, I was very pleased to have concluded all Minister is giving a general reply. the negotiations in recent days and to have brought a very strategic, important and funda- An Leas-Cheann Comhairle: The Minister mental reform package to Government, which should be allowed to make his contribution with- will at last remove the 1932 Act, provide 100 out any further interruption. buses for passengers and commuters in Dublin, provide 160 buses to Bus E´ ireann for the regions Mr. Curran: The motion makes no mention of throughout the country, and, for the first time, the particular incidences. allow for a Bill to be brought to Government shortly that will allow the private sector to partici- An Leas-Cheann Comhairle: Please allow the pate in on-street delivery of buses, thereby Minister to continue. expanding the bus fleet in Dublin and throughout the country. That is the sort of progress that Mr. Curran: As the Deputy knows, a wide would not be possible for Fine Gael and Labour range of issues come before the Committee of to make. All the bleating in the world will not Public Accounts. She can pick any one or two of change that fact. them, but they are in isolation and not rep- There has been considerable success in recent resentative. years in managing the delivery of public transport projects. No major CIE projects have had cost Ms Burton: Deputy Curran should be making overruns in the recent past, with a number of pro- representations to get buses for his constituents. jects including the Heuston Station project, the DART upgrade project and the Drogheda railcar Mr. Curran: I have done and we are getting depot coming in under budget. them. A group responsible for the high-level monitor- An Leas-Cheann Comhairle: The Minister ing of Transport 21 on a national basis has been should be allowed to speak. established. The group comprises representatives of the Departments of Finance, Transport, the Ms Burton: The Deputy did not get them. Taoiseach and the Environment, Heritage and Local Government, and the National Finance Mr. Curran: Yes, we did. Development Agency. The CEOs of Transport 21 implementing agencies attend the meetings as Mr. Cowen: Deputy Burton should cop herself invited. In the first year of implementation, con- on. It is no wonder she is going to lose her seat siderable progress has been made in advancing with the way she carries on. the two key strategies of Transport 21, namely developing a high quality national roads and Ms Burton: The Minister should congratulate public transport network together with trans- me for having standards at least. forming the transport system in the greater Dublin area. I have already dealt with the roads An Leas-Cheann Comhairle: Order. programme. In Dublin, the public transport system is well Mr. Cullen: Some \34.4 billion has been allo- on the way to being transformed with substantive cated by the Government through the Minister progress on the two metro lines, the seven Luas for Finance to the Department of Transport for projects, the Kildare route project, the Navan line expenditure on Transport 21. It is interesting that project and the new Dublin Docklands station. this is the first Government in Europe to set out Nationally, heavy rail projects such as the western and recognise that investment in heavy infrastruc- rail corridor, the Cork commuter rail project, the ture requires a long-term view to bring certainty intercity rolling stock replacement programme to the market and deliver projects well ahead of and the Portlaoise railcar depot have all been schedule and on budget. I know that in Deputy progressed. Public consultation on metro north Burton’s case there is enormous jealousy and commenced earlier this year and is at a very upset in the Labour Party in Dublin that all the advanced stage. The RPA is in discussions with things they bleated about for years are being the local authorities and developers regarding done by the Government. exact route options for metro west. The green Luas line from St. Stephen’s Green Ms Burton: Has the Minister taken a bus or to Sandyford will be extended to Cherrywood train in Dublin? and Bray. The railway order for the Cherrywood extension has been granted and construction will Mr. Cullen: That has always been the hallmark commence in 2007. Public consultation on route of Fianna Fa´il in Government. options for the extensions to the Bray environs 1335 Public Expenditure: 3 October 2006. Motion 1336

[Mr. Cullen.] port, using smart card technology with initial has commenced. The green line will also be deployment in the Dublin area. extended northwards to interchange with the red line in the centre of the city and onwards to Liffey Ms Burton: Is it like e-voting? The Minister is Junction where it will interchange with the unlucky with computers. Maynooth and Navan line. This has the potential to add another 7 million passenger journeys to Mr. Cullen: Not at all. It is pathetic to listen to the Luas each year as a result of simply con- the Deputy. necting the lines. The greater impact will come when metro north comes into being and all these Ms Burton: There must be something about the significant methods of public transport will inter- Minister and electronics that do not go together. act and interchange with each other. Mr. Cullen: Integrated ticketing projects are There will be fundamental roles for bus, light recognised to be inherently complex and difficult rail, the DART system with the interconnector to implement in a multi-operator environment. and the impact of metro north and metro west on When particular difficulties became apparent as our great capital city. The red Luas line will be they did when I came to the Department, I took extended to the Dublin Docklands and also to immediate action to bring together the parties, City West and we have progressed that develop- the Railway Procurement Agency and Dublin ment. I expect to make a decision shortly on the Bus as the principal operator. railway order for the Dublin Docklands exten- sion, which is scheduled for completion in 2008. Ms Burton: The Minister knew about elec- Public consultation is ongoing on the City West tronics from his previous Department. extension and the RPA is expected to lodge a railway order application for this in early 2007. Mr. Cullen: The Deputy should go and buy her- Considerable developments are also taking self a train and track set to keep her happy. These place on the heavy rail network. I recently agreed projects were sent out for review and the two to grant a railway order for the Kildare route pro- reviews completed in April and May, respec- ject and the text of this order is being finalised. tively, considered the options of abandoning, The project will double the number of tracks to mothballing or continuing the project and recom- four between Cherry Orchard and Hazelhatch on mended continuing. Both reviews strongly the Kildare rail line which will allow for two dedi- endorse the continuation of the project, subject cated tracks for commuter services and two for to enhanced governance arrangements being put intercity and other suburban services. Many new in place. In July, I notified the Government that stations will be added, for example, at Adams- I would proceed with the project on the basis of town, Lucan, Balgaddy and Park West. It will enhanced governance arrangements and, in part- give greatly increased capacity on the Kildare icular, the establishment of an integrated ticket- commuter services. ing board under an independent chairperson who The western rail corridor project was launched would be accountable to me. In the coming days, last week and involves the opening of the phased I expect to receive the first progress report from opening of the rail lines in Ennis, County Clare, the chair of the integrated ticketing project board. and Claremorris, County Mayo. I approved fund- Members should acknowledge the Government’s ing for phase 1 from Ennis to Athenry and phase foresight in introducing smart card technology. 2 from Athenry to Tuam. Works are due to com- mence in 2007. Phase 3 from Tuam to Clare- Ms Burton: Was that like electronic voting? morris is scheduled to go to planning shortly. The intercity rolling stock replacement prog- Mr. Cullen: People keep coming to me with ramme involves the purchase by Iarnro´ dE´ ireann outdated paper ticket technology or to make ref- of 217 new rail carriages to replace the current erence to Hong Kong and Singapore. Members fleet. We are replacing the entire intercity fleet. should be aware that the integrated ticketing Four or five years ago, who would have believed system in Hong Kong, which uses smart card technology, took ten years to implement at a cost that by 2008 we would have the most modern rail- of \250 million. car system of any European country? Mr. Durkan: That does not augur well for Ms Burton: And the slowest. Ireland.

Mr. Cullen: That is a real demonstration of the Mr. Cullen: The expertise we have brought to Government’s commitment in recent years. The bear on the integrated ticketing system—— only thing that is slow around here is the voice of the Deputy opposite who seems to be determined Ms Burton: Were the people responsible for to talk to the ether for the evening. Inevitably, in PPARS involved? a small number of projects difficulties occur. The integrated ticketing project was conceived as a Mr. Cullen: Obviously, the Deputy opposite multi-operator system of integrated public trans- does not frequently use public transport in this 1337 Public Expenditure: 3 October 2006. Motion 1338 city or she would be aware that the first phase years’ time this issue will come before another of the integrated smart card ticketing system is tribunal inquiring into the scandalous waste of already working successfully on the Luas. Of taxpayers’ money. How can we get these people, course, that is ignored by a Labour Party which, who say they have so much money, to carry out with Fine Gael, said Luas was a waste of time and their duties properly? would never be delivered. No consideration has been given to the school adjacent to the site and we now believe there is Ms Burton: No, we did not say that. no intention to change the direction of the road leading to it. In an emergency, how will we pro- Mr. Cullen: I do not think they will remind the tect the children in that school? We should not people of Dublin, when they are canvassing in think nice people will be living in that place next year’s general election, of their lack of com- because we have seen down the years the types mitment to and investment in public transport. of people who are incarcerated. They are in The speeches made by the Ministers for Finance prison for a reason, and it is out of order to build and Transport in the rainbow Government made a prison near a school. There is no infrastructure hardly any reference to investment in public in terms of water, sewerage or roads in the area transport. They ignored the fundamental basis of and the installation of these facilities will come at travel within a modern society, namely the neces- great expense merely to provide a prison for sary infrastructure for commuter and intercity people who do not want to behave themselves. travel. Through the good offices of the Minister Why did those responsible for the purchase of for Finance, the Government will continue to win these lands not manage the money properly? No the confidence of the Irish people in spite of the farmer would put a premium on land he or she failures of the parties opposite when they were wanted to purchase. in power. Fair dues to the individual who received \30 million for the land. I have no grudge against him Mr. McEntee: I would like to share time with and hope the matter works out for him and his Deputies Durkan and Twomey. family. However, while it is clear that a prison An Leas-Cheann Comhairle: Is that agreed? requires to be built, why pick an area with very Agreed. few people? The land is situated on the border of County Meath, so the Government thought the Mr. McEntee: The theme of today’s Da´il objectors would be divided. Fortunately, objec- debates was money. All day, we listened to some- tions will be made because very good people live body who had no money and now we are dis- in the area and they have discovered the faults in cussing somebody who had money but did not the deal. know how to spend it. The person in the best One enters politics in the hope that mistakes position of all is the Minister for Finance, who will not be repeated. This matter was probably discovered today that we have lots of money. We one of the first I encountered and the manner by have just heard the Minister for Transport, which it was addressed stinks to high heaven. I Deputy Cullen, speak about all that has been have no doubt that the truth will come out in ten done. The Minister for Finance might consider years’ time because it always does. I suppose sending a few euro to east County Meath to build there will be no going back but how much will it a few schools for the children of the area or a cost and why was the project not managed prop- hospital for their parents and the Slane bypass erly? Why do we have to end up before tribunals? might be put on the Minister for Transport’s desk Why can people not be straight? One does not now rather than leaving it until 2008. enter politics for the job but to do a job. The manner in which money was obtained by As a nation, we had a good name inter- individuals in this House and the way in which nationally but we have destroyed that today with money was spent on buying a farm in north the prison and because we allowed this Govern- County Dublin as a prison site were both wrong. ment to continue. This prison should not be built. The farm was valued at \6 million and would be People should not throw in the towel but should worth a maximum of \8.9 million if it was zoned, fight because they know it is wrong. They know which was unlikely given that it lay on the it is not right to build a prison beside a school borders of County Meath. The Government and that \15 million is too much to spend on the ended up paying an extra \15 million for it, site. The Members opposite never seem to admit money which could have gone a long way in other when they are wrong, with the result that in ten areas if it was not improperly spent. years’ time, we will be still fighting over tribunals. I have only been here for 15 months but I Both of the money matters discussed today were learned a great deal last week. Certain matters wrong. Those in positions of responsibility should have not changed since I was a young fellow. The not take money, and money belonging to the Government sent a man to north County Dublin public should not be spent unwisely. to pick out a farm and told him not to ask for more than \200,000 per acre but the deal had to Mr. Durkan: I am glad of the opportunity to be signed regardless of what was found. In ten speak on this motion, which I fully support. As 1339 Public Expenditure: 3 October 2006. Motion 1340

[Mr. Durkan.] Mr. Durkan: The Minister inherited e-voting someone who spent a number of years on the and he did not have the guts to say it would not Committee of Public Accounts, I regard the work. reports of the Comptroller and Auditor General as being of critical importance. That committee is Mr. Cullen: It did work. It worked in a general probably the only one with the resources neces- election and in a by-election. sary to undertake investigations of spending throughout the public sector. The Minister for Mr. Durkan: The Minister was afraid and did Finance offered the services of other committees, not have the guts to say it would not work. He such as the Committee on Finance and the Public still does not have the guts. Service. Unfortunately, those committees do not have the resources required to delve deeply Mr. Cullen: What is wrong with it? It is used in enough into expenditure at that level. However, Brazil, India, Africa and elsewhere. the Committee of Public Accounts does and has done a tremendous job. That applies to the staff Mr. Durkan: The Minister knows that sooner and all involved with that committee over the or later somebody will have to climb down and years. the Minister will have to accept his failure and I smiled as I listened to the Minister, Deputy responsibility in that awful debacle. Cullen, recount all the good deeds that have been There is also the issue of the port tunnel. Let done. One simple matter that was mentioned me explain about that tunnel. earlier is e-voting. The issue with e-voting is not only the \50 million or \60 million spent but the Mr. Cullen: What is the Deputy’s problem? contempt with which the Government proceeded Mr. Durkan: The forward planning for that to spend more and more money with no regard tunnel was amazing. Public money was being for what was happening. It also spent money on spent so nobody cared a damn about it. It was public relations exercises in an attempt to teach only public money. Four years ago I put down the public to use the machines, despite the fact a parliamentary question asking how the traffic that there was ample evidence in the public would be funnelled into the port tunnel. There domain to the effect that the machines would was a massive snigger from the Government; fun- not work. nelling was not on its mind. However, funnelling is the issue. The N11, N7, N9, M4 and other roads Mr. Cullen: Who said they did not work? around the city will have to funnel traffic into the port tunnel, which is not high enough to accom- Mr. Durkan: It was criminal what the Minister modate super trucks. and his colleague did. Mr. Cullen: Is it Fine Gael policy to allow super Mr. Cullen: Where is it written that they do trucks in this country? not work? Mr. Durkan: Ultimately, the soon to be Mr. Durkan: They proceeded, regardless of upgraded M50 will have trucks parked on it all public opinion—— day attempting to get into or out of the port tun- nel. I have never seen anything like it. Mr. Cullen: The Deputy is talking through his hat. Mr. Cullen: It is not functioning yet. The Deputy does not know what he is talking about. Mr. Durkan: ——and of the technical information—— Mr. Durkan: I am not the only one who does not know what I am talking about it. Mr. Cullen: The Deputy is talking through his hat as usual. Mr. Cullen: The Deputy is part of the brigade that decides something is a disaster before it even Mr. Durkan: The Minister should withdraw opens. That is Fine Gael policy. The same speech that remark and use it in company that is more was made about the Luas. akin to his own. Mr. Durkan: The Minister saw the events in Mr. Cullen: The Deputy should engage in Hungary over the last couple of weeks. He knows sensible debate. what would happen to him if he was in Hungary.

Mr. Durkan: When the Minister makes stupid Mr. Cullen: Imagine what would happen if Fine remarks like that we know he does not under- Gael got into power in this country. stand what he says. Mr. Durkan: He would have to leave office sur- Mr. Cullen: The issue is that the count software reptitiously, in the middle of the night, apologis- cost about \1.5 million. ing to the general public on his way out the door. 1341 Public Expenditure: 3 October 2006. Motion 1342

Mr. Cullen: It would be 1973 to 1977, the mid- Dr. Twomey: The Minister should not be fool- 1980s and the mid-1990s revisited. God help this ish and silly. country if that were to happen. Mr. Cullen: The Deputy is going along with the Mr. Durkan: I wish to mention some other old hogwash. Be a man and for God’s sake say matters. The Minister is impervious to anything something that makes sense. but basking in his own glory. He spoke about rail transport. An Leas-Cheann Comhairle: Allow the Deputy to continue. Mr. Cullen: What is wrong with rail transport? Mr. Cullen: Jesus, Mary and Joseph. Mr. Durkan: The Minister does not seem to look at the simple things. Park and ride facilities Dr. Twomey: If the Minister is so well could hugely enhance rail services throughout the informed, does he know—— city and suburbs. What is the Minister doing? Mr. Cullen: Unbelievable. Mr. Cullen: I am providing the resources. What are the local authorities controlled by the Labour Party and Fine Gael doing? Nothing. They Dr. Twomey: ——how many patients are wait- cannot even draw down the money. ing for dermatology services in Waterford Regional Hospital in his constituency? Mr. Durkan: The Minister is doing as little as possible for as long as possible—— Mr. Cullen: I know the difficulties.

Mr. Cullen: They cannot find the land and do Dr. Twomey: It is 2,500 people. Is that the type not have the inclination. They do not want to of service he is proud of? provide any facilities. Mr. Cullen: There are issues of imperfection in Mr. Durkan: ——and that is in keeping with the health service. I have not said there are not. past performance. Despite my best efforts, the Minister is the same as he was about e-voting — Dr. Twomey: Does he know how long a person deaf to any advice from any quarter. in Waterford must wait for an orthopaedic appointment? It is five years. That is information Dr. Twomey: Regardless of the arguments the from the South Eastern Health Board. Minister makes, this Government is a failure at implementing anything related to information Mr. Cullen: That is rubbish. technology. PPARS has been a disaster. A total of \160 million has been spent to date and there Dr. Twomey: Instead of mouthing off here, the is an \11 million cost every year to pay 30,000 Minister should go back to Waterford and find people. A cost-benefit analysis should be carried out whether it is true. out on that system. The iSoft project is another which looks ready to collapse at any time. The Mr. Cullen: Make it up as you go along. HSE is not working. The Government reads too much of its own spin but the HSE is falling apart. Dr. Twomey: There is no need to interrupt me. It will not fall apart before the general election Every major Government project costing more so the Government will be saved from that. than \30 million is supposed to be subject to a cost-benefit analysis. Has a cost-benefit analysis Mr. Cullen: That is a reflection of Fine Gael been carried out on the new home care projects and the Labour Party — falling apart. that have become part of the privatisation process of the health service? Given that a home care Dr. Twomey: The only value for money I have package includes 13% VAT and assuming the seen from this Government in the last five years private company makes 10% or 12% profit, is the is that it published a report on health in 2001. Minister certain that it is more competitive for However, it has not delivered much value for the HSE to give that job to a private company? money in the case of the health services. A cost- benefit analysis—— Mr. Cullen: Is it now Fine Gael policy to scrap Mr. Cullen: As a doctor, the Deputy should be the HSE? ashamed of himself. Mr. Durkan: The Minister is a cranky little Dr. Twomey: If the Minister gives me the time, fellow. I will explain it to him. Mr. Cullen: One of these fine days some policy Mr. Cullen: To make that statement as a prac- will emerge from Fine Gael. It does not have tising medical practitioner is outrageous. any policies. 1343 Health 3 October 2006. Services 1344

Dr. Twomey: When the Minister makes such therapy unit should have been built on the proposals they are obviously at the back of his grounds of Waterford Regional Hospital where mind so perhaps he agrees with many aspects of the other oncology and surgical services are what I have said. available——

Mr. Cullen: I do not agree with anything the Mr. Cullen: The Deputy is complaining about Deputy says; neither will the electorate. Fine it now. Gael has nothing to put before it. Dr. Twomey: ——and where there is a multi- An Leas-Cheann Comhairle: Deputy Twomey disciplinary service. without interruption. Mr. Cullen: The Deputy is complaining about Dr. Twomey: There is a far greater issue. The it now; he does not want it. The Deputy should Minister has a privatisation agenda as well so per- make up his mind. haps he might explain something else to the House. It is proposed that approximately six new Dr. Twomey: Does the Minister disagree with private hospitals be built on the grounds of public the multidisciplinary delivery of health services? hospitals. The Government’s policy is to sell off The Minister is the one who should listen. He is public land for an unknown price, give \400 mil- poorly informed. He is driven by a silly agenda lion in tax concessions and take \1 billion from and is not prepared to move sideways from it. the public system and hand it over to the private The best place for that radiotherapy unit would sector. Has there been a cost-benefit analysis of have been on the grounds of Waterford such a huge transfer of money within the health Regional Hospital. service from the public to the private sector? It is up to \1.4 billion. Mr. Cullen: The Deputy has just spoken against it. Mr. Cullen: I supported the building of the new private hospital which will open shortly in Water- Dr. Twomey: Will the Leas-Cheann Comhairle ford and I never looked for public lands. ask the Minister to stay quiet for a while because we were talking about—— Dr. Twomey: The Minister is supporting what he knows nothing about. An Leas-Cheann Comhairle: The Deputy should move the adjournment of the debate. Mr. Cullen: My opponents said it would not happen but I stuck my neck out and delivered it. Dr. Twomey: Before I do so I would like to say that the Minister is totally lost in regard to what Dr. Twomey: That is not what I am asking the is going on here. Patient care is being seriously Minister. Does the Minister know if a cost-benefit compromised by some of the Government’s analysis has been carried out? The Minister sup- polices. The Minister is ignorant of what I am ported what he knew nothing about; e-voting was talking about and he cannot even listen. I was a perfect example of that. talking about a private hospital and not about radiotherapy. He is totally confused. Mr. Cullen: I do not have the Deputy’s arro- gance so I will let that remark go over my head. Mr. Cullen: As a medical man, the Deputy really surprises me. Dr. Twomey: It would be worth the Minister’s while to examine why these six hospitals are Dr. Twomey: The Minister needs to see a good being built. Over the last 20 years in this country physician because I believe he is suffering from a no more that seven such hospitals have been con- fair amount of confusion and is delusional. Per- structed. Why have 36 submissions been made for haps I could do something for him afterwards but these hospitals? I will move the adjournment of the debate first.

Mr. Cullen: Is it reasonable to announce Debate adjourned. tomorrow that Fine Gael does not support the radiotherapy services? Is that the new position? The Deputy’s Fine Gael colleagues in Waterford Adjournment Debate. will be shocked to hear what the Deputy has said in the Da´il tonight. If that is the view of Fine ———— Gael, I might as well make it public tomorrow. Health Services. Dr. Twomey: The Minister should know what my policies are; he need not ask me about them Mr. Ring: I wish the Minister, Deputy Cullen, tonight. To ensure the proper delivery of a radio- would wait to listen to what is happening to the therapy service in the south east, that radio- health service because I would be able to tell him. 1345 Health 3 October 2006. Services 1346

There has been a change in the services bring- on which to live, yet they are expected to provide ing elderly people, particularly in the west, to transport to their hospital appointments in their hospital appointments in Dublin. In the Dublin even though they are sick. There are hun- past, when things were bad and we had no dreds of such people in my constituency and I will money, there was respect and support for the eld- shortly bring some of those who are fit to come erly and we were able to bring them to hospital out to a protest meeting in Castlebar. I will show appointments. the people of this country what is happening and I got a letter today from the Health Service what we are doing to our elderly people. Executive, western region, about a woman who had a liver transplant two years ago and who has Acting Chairman (Mr. Carey): The Deputy has had a kidney transplant. The HSE could not bring one minute remaining. her to the hospital for her appointment because it did not the resources. It stated it did not have Mr. Ring: I would need approximately ten enough money in the health budget to do that, minutes because what is going on is a disgrace. which is a disgrace. As a Deputy from Dublin, the Acting Chairman This is a very serious issue. I will have to bring would not like to see his constituents wondering a few of my constituents to the House to show how they are going to get to their hospital the Minister of State the type of people who are appointments. not getting the service they deserve. We will Something must be done and I ask the Minister shortly march to the HSE offices in Castlebar to of State to sit down with officials from the HSE show it the type of people concerned. If RTE and in my region and draw up a policy on who can the media were doing their jobs, they would come and cannot be brought to hospital appointments. to Mayo to see some of the people who have had Let us not have a situation where this poor crea- to cancel their hospital appointments because the ture who has had liver and kidney transplants HSE has a new policy in regard to bringing could not make her hospital appointment last people to their appointments in Dublin. week because the HSE would not bring her to it. If that is not cruelty, what is it? We have more People in north Mayo due to go into hospital respect for the rich flying in for the All-Ireland for an operation on a Monday must wait until finals and the Ryder Cup and who will not pay Sunday evening for a phone call from an execu- their taxes in this country, but we will not look tive in a hospital to know whether a bed is avail- after our elderly. It is a disgrace. able. Then they must make arrangements for transport, which they cannot get in the west. The Minister of State at the Department of Health HSE could not bring this woman I mentioned and Children (Mr. S. Power): I wish to address who has had liver and kidney transplants to her this matter on behalf of my colleague, the Mini- appointment. It wrote a three-page letter ster for Health and Children, Deputy Harney. explaining why it could not do so. It blamed the The Department has been informed by the Minister of State and the Department and stated national ambulance office of the HSE that, while that there is no funding in place. It said the the statistical information required by the Deputy ambulance service is not there to bring sick is not readily available, it will arrange for the col- people, such as her, to their hospital lation of the information requested and furnish a appointments. reply directly to him. Deputy Ring gave details in Do we have any respect for the elderly, sick regard to a particular case. I was not aware he and the weak? Are we going to continue to push was going to raise it but I will get further details the weak and the sick aside? A Taoiseach on a from him and will take the matter up directly with general election campaign did not realise the the HSE on his behalf. health service was so bad. However, the people The role and purpose of the ambulance service are waiting for the opportunity to vote on this is to provide a clinically appropriate and timely issue. pre-hospital care and transport service. Pre- I heard today about the amount of revenue col- hospital emergency care and transportation lected. Deputy Walsh, a former Minister, is in the services are provided as an integral part of the House and even in the bad old days when we had continuum of care for patients. nothing, we had respect for the sick and the eld- The primary focus of the ambulance service is erly, but now we cannot even bring them to on the provision of emergency transport for those hospital appointments. There is a row going on patients with an acute medical need. However, between the HSE and the Department that the the HSE also arranges for the provision of patient funding is not in place for this service. The weak transport services and examines all requests for and the sick are suffering and people must cancel such services on a case by case basis, taking their hospital appointments in Dublin and account of individual needs. Galway. The HSE has advised that its national ambul- Somebody living in Blacksod in Belmullet lives ance office, in conjunction with primary com- 80 miles from Castlebar, 150 miles from Galway munity and continuing care in the national and over 200 miles from Dublin. People on dis- hospital office, is currently arranging for a com- ability or social welfare only have \165 per week prehensive review to be undertaken of the non- 1347 Health 3 October 2006. Services 1348

[Mr. S. Power.] county for the examination will result in even emergency transport needs of patients attending fewer rape victims reporting the crime. Research HSE facilities. This review will include an exam- has also shown that when dedicated services are ination of the service currently delivered available an increase in reporting follows. One nationally and make recommendations that will rape victim who did not want to report to the inform its future development. The HSE has Garda told a counsellor in the Kerry Rape and advised that it anticipates that the view will be Sexual Abuse Centre that she felt very isolated completed by the end of 2006. as there was nowhere for her to go for a medical Given what the Deputy said, I am concerned examination if she did not report. Another victim that transport was not available to a person in said she felt very uncomfortable having to go to that situation. I will follow the matter up and get Cork with gardaı´. back to the Deputy. It is the experience of counsellors in the Kerry Rape and Sexual Abuse Centre that the majority Mr. Ring: There are many more like her. of rape victims who had to travel to Cork for the forensic medical examination did not avail of Mr. Deenihan: I call for immediate action on counselling until months later. It is accepted that the development of the sexual assault treatment most people dealing with the aftermath of a rape unit in Kerry General Hospital. The unit in Kerry want to feel safe, be somewhere familiar and have is in difficulty due to the lack of resources at the access to support. It is evident that having to hospital. A working group consisting of Kerry travel to Cork does not meet these requirements. General Hospital, Tralee gardaı´ and the Kerry According to the Kerry Rape and Sexual Abuse Rape and Sexual Abuse Centre has come up with Centre, the majority of rape victims examined in proposals to solve this difficulty and has reached Kerry avail of counselling immediately after the an agreement with the hospital. The group needs incident, in stark contrast with rape victims who to raise \47,284 for on-call nursing staff. If this have to travel to Cork. funding can be raised, it will be in a position to The development of the sexual assault unit at offer a 24-hour sexual assault treatment unit in Kerry General Hospital ought to achieve an Kerry General Hospital. increase in current levels of reporting and an Currently, there is only one 24-hour sexual increased sense of safety for those who make the assault unit in the Munster area, which is in Cork. decision to report. There is a framework in place A need was identified in Kerry for a sexual in Kerry for the delivery of a structured response assault unit to ensure that victims of rape could that encompasses all aspects of care for rape vic- be examined at Kerry General Hospital. A pilot tims. Commitment and co-operation is evident scheme was undertaken in April 2002, which between all the agencies and access to training operated very successfully and 60 clients were is provided for all personnel involved. The very seen and supported. experienced consultant gynaecologist there is A decision was made in September 2004 to highly skilled and experienced in forensic medical contact general practitioners in the Kerry region examinations for victims of rape. The Kerry Rape to provide trained doctors on an on-call rota to and Sexual Abuse Centre provides an on-call undertake the forensic medical examinations. A facility. These volunteers are highly trained and total of ten GPs were interested in undertaking available 24 hours a day, seven days a week. the training. The Department of Justice, Equality The local Garda has been proactive for many and Law Reform committed funding to the cost years in developing a professional, sensitive incurred in forensic examinations. Unfortunately, service for rape victims, in keeping with best due to lack of resources to fund a nursing post practice and agreed protocols. Trained female and on-call nurses, this initiative could not take gardaı´ are available at all times to attend the for- place. ensic examination. The hospital has a dedicated The genesis of a service is available but it is space available for the examinations. This space functioning at a very low level due entirely to a is similar to examination suites used in the UK. lack of nursing resources. Even with the existence There is a strong commitment from all the of a sexual assault unit in Kerry, victims in remote agencies involved to have this valuable service parts of the county will still have to travel for at available in Kerry. The arguments for the pro- least an hour. Victims now reporting may have to vision of such a service are supported by national travel to Cork — a six hour round trip — for the and international research. Being supported, examination. This is an unacceptable burden on informed and kept informed is of critical import- someone who has been subjected to the most ance to rape victims and can enhance the heal- traumatic experience of rape. Victims are also ing process. required to return to Cork at their own expense I thank the Acting Chairman for his patience for any follow-up treatment, which may involve as I have exceeded my time. Next weekend, the up to four visits. Kerry Rape and Sexual Abuse Centre will be co- Research shows that only one in ten people ordinating the collection of signatures supporting raped or sexually assaulted reports to the Garda. its cause in Tralee, Killarney, Listowel and However, expecting people to travel to another Dingle. The amount of funding requested is min- 1349 Special 3 October 2006. Educational Needs 1350 uscule at \47,284. This situation should never priority within the HSE and I anticipate that the have been allowed to arise, given that the amount HSE funding priorities for 2007 will reflect this. of money involved is relatively small in the con- The Government is committed to working with text of the overall health budget. I am asking for all interested parties and service providers and this matter to be resolved immediately. I hope the has undertaken a range of measures to reduce the Minister of State, Deputy Sea´n Power, can make incidence of domestic violence, to respond to the an announcement before Saturday, if possible. needs of both victims and perpetrators and to raise awareness among the public about the Minister of State at the Department of Health dynamics of these crimes. These measures can be and Children (Mr. S. Power): I am replying on seen across a wide range of Government policies behalf of my colleague, the Minister for Health and initiatives and include legislative measures, and Children, Deputy Harney. I thank Deputy Garda response, health services, the national Deenihan for raising this important matter on the steering committee on violence against women, Adjournment. In general there is little appreci- national research and treatment programmes for ation of the devastation suffered by victims of perpetrators. sexual assault. A key indicator of Government commitment to The national steering committee on violence the issue can be seen in the involvement of many against women was established following the Departments and agencies in the funding and report of the task force on violence against provision of services. These include the Health women in 1997. It is chaired by Deputy Fahey, Service Executive and the Departments of Minister of State at the Department of Justice, Justice, Equality and Law Reform, Education and Science, Social and Family Affairs and Com- Equality and Law Reform. The purpose of the munity, Rural and Gaeltacht Affairs. national steering committee is to provide a multi- Funding in the health sector has risen from disciplinary, multi-agency and cohesive response approximately \3.8 million in 1997 to approxi- to the problem of violence against women and in mately \12 million in 2005. The allocation of so doing to progress the recommendations of the funding for front-line services is a matter for the task force. The steering committee is representa- Health Service Executive. Many services are pro- tive of a wide range of interests concerned with vided by non-governmental organisations on violence against women. The Department of behalf of the executive. Health and Children and the Health Service I am pleased to acknowledge the valuable work Executive are represented on this committee. undertaken by the non-governmental organis- The objectives of the committee include ensur- ations, such as women’s refuges, rape crisis ing that regional and local structures are estab- centres and Women’s Aid to mention just some lished, developing public awareness campaigns, in this area. I also wish to acknowledge the direct co-ordinating and advising on the distribution of supports provided by the HSE through its sexual resources nationally, and co-ordinating and advis- assault treatment units, counselling services, acci- ing on ongoing development of policies including dent and emergency units, social work services, those concerning perpetrators, criminal justice GP and hospital and community services. intervention, services and supports. In June of this year the national steering com- Special Educational Needs. mittee working group published its report entitled, Sexual Assault Treatment Services — A Dr. Cowley: The intention behind raising this National Review. The report detailed the current matter is to ensure adequate funding is provided level of service provision and also made a number for autism-specific educational training centres in Mayo. At present if one looks at a map of the of recommendations for the future provision of geographical spread of such centres it is clear that services. they are all located on the east coast and there is The factors that determine the location of sex- none in the west. It is obvious that children also ual assault treatment units include sustainability suffer from autism in the west of Ireland and that of services, travel time and previous reporting autism-specific education or applied behavioural rates. The sexual assault treatment unit, SATU, analysis, ABA, offers the best hope for an for the southern hospitals group catchment area improvement in the condition to autistic children of Cork and Kerry is located in the South Infirm- and their families. It is a terrible scandal that this ary-Victoria University Hospital, SFVUH, Cork. essential service is not available in the west, It is staffed by a nurse manager and a team of specifically in Mayo. nurses providing an out-of-hours, on-call service, I recently attended a special meeting organised while a team of GPs provide medical cover. by the Mayo Autism Support Group. People’s The review group recommended that two eyes were opened to the need for and value of additional SATUs be established, one in Galway autism-specific education. The speakers at the city and the other in the midland region and it is meeting included Dr. Mark de Salvo, the parent committed to continual review of these services. of an autistic child. He was inspiring. He outlined Both the Minister and I are keen to see the how he set up the Saplings school in Celbridge, recommendations from this report treated as a County Kildare which offers autism-specific edu- 1351 Special 3 October 2006. Educational Needs 1352

[Dr. Cowley.] success rate of 50% in the school in Kildare, with cation using the ABA system. Dr. de Salvo stated the opportunity of entering mainstream edu- that there is already a waiting list for hundreds of cation, is remarkable. children for that school. The school has a success rate of up to 50% which is a remarkable achieve- Mr. S. Power: I thank the Deputy for raising ment as autism is a challenging condition that this matter as it provides me with the opportunity affects the entire family of those who suffer to clarify the position of the Department of Edu- from it. cation and Science in respect of the educational I am full of admiration for the cogent effort provision for pupils with autistic spectrum dis- made by the families and carers of autistic chil- orders. The Department has not received any dren and adults. It is a national scandal that the application to expand the pilot scheme to a centre parents of autistic children have needed to fight in County Mayo, but as he is aware, the Depart- tooth and nail for proper education for their ment is committed to ensuring that all children, loved ones. Recently, I received a reply from the including those with ASDs, receive an education Minister for Education and Science, Deputy appropriate to their needs. In this regard, the Hanafin. Millions of euro of taxpayers’ money are Department has established 170 special classes being spent by the State to fight parents looking for children with autism attached to special and for these services. In other words, it is trying to mainstream schools, six of which are in the Mayo defend the indefensible. That does not make area, five special classes for children with sense. Asperger’s syndrome, 16 pre-school classes to Parents set up systems, but unfortunately that facilitate the demand for early intervention pro- those systems did not work because the teachers vision for children in the autistic spectrum and 12 appointed with the help of the Department pro- stand-alone facilities providing an applied ved to be untrained in autistic teaching. They had behavioural analysis-specific methodology on a primary degrees and were unsuitable for the job. pilot basis. Approval has been given for the The children, therefore, did not do well. I am less establishment of a further two such facilities. Sap- than impressed by the Department and how it lings Centre in County Kildare is funded under behaved in respect of defending the indefensible the scheme. and wasting millions in legal fees fighting parents The Department is of the opinion that children who are looking for these essential services. with autism, in common with all children, should The 2001 report of the task force on autism have access to appropriate provision delivered by states that the needs of persons with an ASD suitably qualified teachers within the school must be met as a matter of constitutional priority system where they can mix with their wider peer and that the costs associated with meeting the groups and have maximum opportunities for inte- needs of persons with autistic spectrum disorders gration. Pupils with autism who are fully inte- must be faced by society and by the adminis- grated into mainstream schools receive individual trators of the education system. It is a consti- teaching support for a number of hours per week tutional right of children to receive autism-spec- as well as support from special needs assistants ific training. Children who are past primary and special equipment, if required. Pupils education have the greatest problems as the larg- attending these classes benefit from having a est gap in the system is in that area. In 2001, the wider range of autistic spectrum disorder teach- task force identified that gap, stating: ing methodologies open to them, fully qualified national school teachers, a school structure and It is noteworthy that while all pupils with dis- the option of integration into mainstream classes abilities within the primary school system now immediately available depending on each child’s have an automatic entitlement to a response to ability and progress. their needs as per Circular 8/99, this automatic Schools have the support of the special edu- entitlement has not yet been extended to pupils cation support service, which is committed to pro- at the post-primary stage. In practice, however, viding continual training as appropriate. Staffing provision is made for all identified post- supports for autistic children in special classes in primary pupils with disabilities at the request ordinary and special schools have a maximum of the school. However, evidence from sub- pupil-teacher ratio of six pupils to every teacher. missions indicate that considerable delays in A minimum of two special needs assistants are procuring this provision are, in many instances, provided per class with the possibility of the norm. additional special needs assistant posts being This situation has not changed since 2001 and made available up to a 1:1 basis where required. schools still have difficulties in sourcing staff The newly established National Council for trained to the appropriate level. Special Education and its team of more than 70 I appeal to the Minister of State to ensure that special educational needs organisers is working a school with applied behavioural analysis and throughout the country to ensure that the new autism-specific trained teachers will be set up in services are put in place where needed so that County Mayo. Those children matter, but they children with special needs, including those in the are currently left with inadequate teaching. A autistic spectrum, have access to appropriate 1353 Social and 3 October 2006. Affordable Housing 1354 school-based provision. I assure the Deputy that Minister of State at the Department of the the Department will examine any proposal sub- Environment, Heritage and Local Government mitted to expand the pilot scheme to a centre in (Mr. N. Ahern): I thank Deputy Walsh for his County Mayo and I thank him for raising this continuing interest in this project. matter. The site in Clonakilty was one of the sites released to the affordable housing initiative by Social and Affordable Housing. Deputy Walsh and I acknowledge both this and the other sites released by him to the initiative Mr. Walsh: I thank the Ceann Comhairle for during his tenure as Minister for Agriculture and allowing this matter to be discussed. I welcome Food. While progress on this site may appear to the Minister of State, Deputy Noel Ahern, who be slow, Cork County Council, whose responsi- has made himself available to take this debate. bility it is to plan and develop this project, states I am raising this matter out of deep frustration it is advancing this project as speedily as possible. with the fact that while 15 hectares of suitable Officials in my Department are in constant con- land was made available to Cork County Council tact with the council to monitor progress and to for an affordable housing scheme two and a half ensure that any obstacles to progress are dealt years ago, little or no progress has since been with. I am aware that senior officials of the made. In the meantime, young people, many of Department and the county council have met in whom are on reasonable salaries, cannot afford Cork recently to discuss this and other affordable to acquire houses of their own. In the west Cork housing projects throughout County Cork. region, sites typically cost between \200,000 and I will not go through the detail of the various \250,000 and houses cost between \450,000 and steps that have taken place to date, although it is \750,000. In a recent survey, Clonakilty was important to mention that a feasibility assessment deemed to be the most expensive part of the of the site was deemed necessary in the first country, including Dublin city and elsewhere. instance. Following this and the ensuing public These young people who want their own homes consultation on the outcome of the feasibility call to me as their representative and ask me what study, a proposal to amend the local area plan the Government is doing about the lack of pro- was advertised and at its meeting on 22 May 2006, gress, to which I reply that the local authority has the council voted after many objections to a difficulty. In the worst example of rural snob- approve the amended the plan. bery I have encountered in 30 years in public life, While the council considered a number of Fine Gael tried to stymie this development. In different options in developing the site, in terms June, however, a clear majority of Cork County of developing it in one phase or a number of Council voted in favour of the project notwith- phases, I held the view that the site should be standing a minority of Fine Gael councillors who developed in one phase and I am happy that the voted against it out of pure snobbery. council is proceeding along these lines. The site will comprise a mix of affordable, social, volun- These young people are fine citizens. They tary and private homes, with 74 of the 104 homes work locally and want nothing more than their being made available under the affordable hous- own homes. The council received the land as a ing scheme. gift from Teagasc, but it is frustrating and rep- The next stage in the process is to apply for rehensible that, on the face of it, nothing has been Part 8 planning and the council advertised for done. I have been told by council officials that expressions of interest from consultants on 22 this matter must go through a section 8 process. September 2006, for the preparation of the rel- The scenic route taken is baffling. After June, evant documentation required for the Part 8 pro- there should have been no significant problem. I cess, and for the preparation of cost plans, tender was told that the matter needed to be advertised documentation and construction contract. in various journals, but I have yet to see any Due to the size of the project, the advertise- advertisement. We are approaching the middle of ment was also placed in the EU Journal. The clos- October and Christmas advertisements are ing date for expressions of interest is 31 October already in the newspapers. 2006 at which stage the council will short-list a Fair play to the Minister of State, who went to number of bidders and proceed with the selection the trouble of visiting the site on foot of my process to select the successful bidder. The next report that nothing was happening locally. I ask stage will be to apply for Part 8 and the outcome that he instruct the housing authority of the planning process will determine when con- 9 o’clock to take this matter seriously and give struction can commence on the site. The ultimate it priority. It will be a lovely eco-vil- aim, as with all projects under the affordable lage of 100 houses with playing pitches and all housing initiative, is to give people affordable sorts of amenities. It is a crying shame that it is homes as quickly as possible and I look forward not currently going ahead. I would appreciate to the day when all 104 homes are occupied and a positive news from the Minister of State, who was new vibrant and successful community is in place. kind enough to appear in the House in response I thank Deputy Walsh for the site and for to my raising this matter. pressing this matter, locally and nationally. I 1355 The 3 October 2006. Adjournment 1356

[Mr. N. Ahern.] tactics. While I will keep up the pressure, it is think I have been successful in increasing the out- quite likely at this stage that the delaying tactics put of affordable homes. However, I need the co- by Fine Gael members on the council have been operation of local authority officials and elected successful. members in this regard. The help from the I note that Deputy Walsh, like me, would very elected members on Cork County Council has much like to see the bulldozer even going on site been reluctantly dragged out of them, and this the day before the election, but time is quickly applies to Fine Gael members in particular. As I running out and the filibustering and delaying see it, Fine Gael does not want these houses to be ready, or even started, by the date of the next tactics by the county council, and by the elected election. They probably will be successful because members in particular, has been successful. I their delaying tactics and snobbish attitude to this promise Deputy Walsh that I will continue to idea from the very beginning will probably see press the matter, through the officials, with the that the work will not start by the date of the county council as best I can. election. I am trying and I am pressing the officials in the Department to do all they can, but The Da´il adjourned at 9.05 p.m. until 10.30 a.m. we have lost many months through these delaying on Wednesday, 4 October 2006. 1357 Questions— 3 October 2006. Written Answers 1358

Written Answers.

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

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Questions Nos. 1 to 20, inclusive, answered Weapons Amnesty. orally. 136. Mr. Stagg asked the Ta´naiste and Minister for Justice, Equality and Law Reform the number Questions Nos. 21 to 128, inclusive, resubmitted. of firearms and knives surrendered under the recent amnesty; if he is satisfied regarding the Questions Nos. 129 to 134, inclusive, answered number of items surrendered; the steps which orally. were taken to promote public knowledge of the amnesty; and if he will make a statement on the Prison Building Programme. matter. [30634/06] 135. Mr. Stanton asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform further Law Reform (Mr. McDowell): I am informed by to Question No. 476 of 27 June 2006, if a public An Garda Sı´ocha´na that in the first three weeks consultation process has begun on the proposed of the Weapons Amnesty, which commenced on development of new prison facilities on Spike the 1st September, 2006, 101 guns, 26 knives and Island; if not, when he expects public consul- 14 assorted offensive weapons were handed in to tations to begin; the details of these consultations; Garda stations throughout the country. In and if he will make a statement on the matter. addition, a quantity of ammunition has also been [30680/06] surrendered. The amnesty runs for a period of 2 months, from 1st September to 31st October, Ta´naiste and Minister for Justice, Equality and 2006, and I am confident that many more wea- Law Reform (Mr. McDowell): The planning pro- pons will be surrendered to the Gardaı´ before the cess for the proposed prison development at amnesty ends. Spike Island has not yet commenced. I am My Department has engaged in an extensive advised by the Prison Service that it expects to advertising campaign to promote the amnesty. be in a position to lodge the relevant planning This includes the production of 20,000 infor- documents in early 2007. Full details of the pro- mation leaflets for distribution through Garda posed prison development will be made known at stations throughout the country, a media advertis- that time in accordance with the statutory plan- ing campaign in the national and provincial news- ning procedure. At that stage, all of the relevant papers together with an extensive billboard material including properly balanced assessments advertising campaign. The media advertising of the various issues involved will be made campaign will run for the duration of the amnesty available. and this campaign will be augmented in the latter A separate but related planning issue relates to stage with a nationwide billboard advertising access to the island. I have instructed the Office campaign, involving over 200 sites throughout the country, which will run from the 9th October to of Public Works (OPW) to prepare the relevant the 22nd October. planning procedures including an assessment of the environmental and related issues arising to enable the construction of a bridge to the island. Gender Discrimination. I am advised by the OPW that this planning pro- 137. Mr. Stanton asked the Ta´naiste and Mini- cess will commence shortly. ster for Justice, Equality and Law Reform further 1359 Questions— 3 October 2006. Written Answers 1360

[Mr. Stanton.] to its submission for further consideration by the to Question No. 63 of 8 June 2006, if the draft Consultation Group. I am hopeful that the National Women’s Strategy has been finalised; if Strategy will be ready for publication before the not, when he expects it to be completed; the end of this year. names of the groups or organisations involved in The draft Strategy is a well structured docu- the external consultation process; the areas ment which aims to draw together all of the covered by the strategy; and if he will make a actions of Government which impact upon the statement on the matter. [30681/06] lives of women. It is therefore very broad ranging, addressing issues varying from social inclusion Ta´naiste and Minister for Justice, Equality and and women’s risk of poverty to female member- Law Reform (Mr. McDowell): The National ship of State Boards, from the gender pay gap to Women’s Strategy, which is nearing completion, female entrepreneurship. is a wide ranging document setting out the Its aim is to include a range of actions which Government’s Strategy to foster socio-economic support women in all the facets of their lives, opportunity; well-being; and active participation from school through to old age and its implemen- in decision making for the women of Ireland over tation will involve positive actions from almost all a ten year period. Government Departments. The Strategy is set in a context where we have The National Women’s Strategy is being pre- a strong corpus of equality legislation in place but pared to honour a commitment made to the where women still experience difficulties in women of Ireland, both in Sustaining Progress, achieving true gender equality. The Deputy’s the partnership agreement, and in the inter- earlier question on the gender pay gap, to which national forum of CEDAW, the United Nations he refers in this question, is just one of a range of Convention on the Elimination of Discrimination issues where women still experience inequality. against Women. The issues are often complex and multifaceted The present Strategy was preceded by an and the answers are therefore also complex and Action Plan prepared in the context of the Beij- require far-seeing responses. ing Platform for Action under the auspices of the The Inter-Departmental Committee appointed United Nations. Again the Beijing Platform for to undertake the task of preparing the Strategy Action, which was prepared in the context of a brings together senior representatives from all UN World Summit for Women, identified twelve fifteen Government Departments under the areas of concern in relation to women’s issues. chairmanship of my Department. This Commit- Cognisance is being taken of these in the prep- tee has been tasked to aration of the National Women’s Strategy. • take responsibility for drafting and finalis- In addition, in preparation for the Action Plan, ing a National Women’s Strategy, as com- a widespread consultation took place with women mitted to in Sustaining Progress; throughout Ireland and their aspirations are being incorporated as far as possible into the • consult with the Social Partners and National Women’s Strategy. National Women’s Council of Ireland, While it may appear that the preparation of the through the Consultation Group, in Strategy has been time consuming, it has involved developing the Strategy; and a significant amount of research and consultation • advise in relation to a communication plan with a view to preparing a comprehensive for the publication and launch of the strategy that will resonate with all the women of Strategy. Ireland. I make no apology for the time which it is taking, as I believe that the Strategy, when The Consultation Group includes representatives published, will provide a solid road map for the of the employer organisations, trade unions, the achievement of true gender equality in Ireland. community and voluntary pillar, the farming pil- lar and the National Women’s Council. This Criminal Evidence. group is tasked to 138. Mr. Quinn asked the Ta´naiste and Mini- • receive and comment on drafts of the ster for Justice, Equality and Law Reform when National Women’s Strategy as prepared by he will implement section 16 of the Criminal Evi- the Inter-Departmental Committee; dence Act 1992 which provides that a video • advise in relation to the content of the recording of evidence given by a person under 17 National Women’s Strategy; and years of age in respect of sexual or violent offences shall be admissible as trial evidence; and • contribute to the development of a com- if he will make a statement on the matter. munication plan for the publication and [30623/06] launch of the Strategy. In addition, the Equality Authority has been con- Ta´naiste and Minister for Justice, Equality and sulted in relation to the Strategy. Law Reform (Mr. McDowell): Section 16 of the The Inter-Departmental Committee is cur- Criminal Evidence Act, 1992, as amended, makes rently finalising a full draft of the Strategy prior provision for the video recording of any evidence 1361 Questions— 3 October 2006. Written Answers 1362 given, in relation to a sexual offence or an act ing programme might be developed by the agen- involving violence, by a person under 17 years of cies involved and how suitable places to conduct age through a live television link in proceedings interviews of the type in question might be made relating to indictable offences. The relevant sub- available. My Department also obtained the section — (1)(a) — was commenced in 1993. It views of the Garda Sı´ocha´na. will be noted that this subsection covers persons The advice received is that Garda stations or under 14 years of age also. Health Centres or other such facilities would be Section 16 also makes provision — in subsec- inappropriate places in which to conduct such tion (1)(b) — for the video recording of a state- interviews. However, the Probation Service has ment made by a person under 14 years of age (in identified suitable accommodation in one of its respect of whom a sexual offence or an offence premises in Dublin. The Office of Public Works involving violence is alleged to have been has been informed, and an architect and electrical committed) during an interview with a member engineer have been appointed to work on the of the Garda Sı´ocha´na or any other person who is project. competent for the purpose. It provides that such a Work is proceeding on drawing up a specifi- video recording shall be admissible at a trial as cation for the facility. As part of this work, evidence, provided that the person whose state- arrangements are being made by the Health ment was video recorded is available at the trial Service Executive to view a care suite in Northern for cross examination. Ireland, receive an overview on training and My predecessor as Minister for Justice, other relevant service issues. In addition, the Equality and Law Reform established a commit- HSE is arranging for the viewing of a similar tee in 1998 to draw up guidelines for persons facility in this jurisdiction which is used for thera- involved in video recording interviews with a peutic purposes. The HSE is also in contact with complainant (aged under 14 years of age or with the Irish network of professionals working in an intellectual disability) in relation to a sexual child sexual abuse assessments. and/or violent offence during an interview with a I attach the highest importance to the setting member of the Garda Sı´ocha´na or other person up of this facility. competent for the purpose, as he considered that it would benefit complainants and interviewers if Inspector of Prisons. good practice guidelines on the conduct and recording of such interviews were made available. 139. Mr. Gilmore asked the Ta´naiste and Mini- This committee subsequently submitted in 2003 ster for Justice, Equality and Law Reform when advisory Good Practice Guidelines with related the term of office of the current Inspector of recommendations. Prisons will expire; if it is intended to reappoint The Guidelines cover a number of areas. In Mr. Dermot Kinlen to this position; when the addition, the committee made a number of position will be put on a statutory basis; and if he recommendations, including recommendations will make a statement on the matter. [30610/06] that: Ta´naiste and Minister for Justice, Equality and — there should be sufficient suitable facili- Law Reform (Mr. McDowell): Mr Justice Dermot ties available for video recording eviden- Kinlen was appointed on a non-statutory basis as tial interviews; Inspector of Prisons and Places of Detention for — there should be a joint national prog- a five year term with effect from his retirement ramme in place for training interviewers, from the High Court Bench in April, 2002 on which should be regularly reviewed. In reaching the statutory age limit for service in that tandem with this, there will be a need for Court. His term of office will therefore expire in a national training programme for all pro- April, 2007. fessionals who are likely to have reference I have received Government approval to estab- to the Guidelines. lish an Office of Inspector of Prisons on a statu- tory basis. I will be introducing an appropriate Devising new mechanisms to oversee the imple- statutory provision by means of an amendment to mentation of the Good Practice Guidelines and the Prisons Bill 2005 in the near future. I would associated recommendations by the Gardaı´ and hope that the Bill, as amended, will be enacted the health authorities requires input from a before Christmas of this year so that the statutory number of Departments and agencies, including office can be established in 2007. the Health Service Executive, the Garda Sı´och- I have made no final decision as to the appoint- a´na, my Department and the Department of ment of a person to the new statutory office. Health and Children. This view is shared by the Department of Health and Children. Garda Operations. My Department obtained the views of the Health Service Executive on the most effective 140. Mr. M. Higgins asked the Ta´naiste and mechanisms to oversee the implementation of the Minister for Justice, Equality and Law Reform if Guidelines and associated recommendations, Operation Anvil, announced by him on 17 May including the issues of how a joint national train- 2006 remains in operation; the number of wea- 1363 Questions— 3 October 2006. Written Answers 1364

[Mr. M. Higgins.] problem of criminal gang activity. Enforcement pons seized to date; the number of arrests made; by the Unit has resulted in further firearms being the number of charges preferred, arising from the seized and a number of persons arrested, thereby operation; the length of time the operation will disrupting their criminal activities. continue; and if he will make a statement on the Operation Anvil will continue to be funded to matter. [30612/06] the extent and as long as the Commissioner con- siders that it is necessary to do so and it is fulfil- Ta´naiste and Minister for Justice, Equality and ling its objectives. Law Reform (Mr. McDowell): Operation Anvil commenced in the Garda Dublin Metropolitan Youth Justice Policy. Region on 17 May, 2005. It is an intelligence led ´ policing initiative, the focus of which is the tar- 141. Caoimhghı´nOCaola´in asked the Ta´naiste geting of active criminals and their associates and Minister for Justice, Equality and Law involved in serious crime by preventing and dis- Reform if he will justify his assertion that Irish public opinion supported an age of criminal rupting this criminal activity through extensive responsibility of ten, and that the Irish public additional overt patrolling and static check points demanded that criminal prosecutions be pursued by uniform, mobile and foot patrols, supported against 11 year old children who commit serious by armed plain clothes patrols. The Operation offences. [30690/06] remains in place and is on-going in the Dublin Metropolitan Region. It was extended nationwide ´ in 2006. 194. Mr. Ferris asked the Tanaiste and Minister for Justice, Equality and Law Reform if he will Outside the Dublin Metropolitan Region, a reconcile the new provisions lowering the age of series of special operations, prepared by senior criminal responsibility for serious crimes from the Garda managers and designed to focus on areas age originally provided for by the Children Act and incidents of high crime, has been initiated. 2001 with the United Nations Standard Minimum These operations are focused with particular tar- Rules for the Administration of Juvenile Justice, gets identified. A number of these operations also known as the Beijing Rules, which advise have been completed, while further are ongoing. against setting a low age of criminal responsi- Operation Anvil has proved to be very success- bility. [30691/06] ful in disrupting the criminal activities of a number of key criminal gangs. It has resulted in Ta´naiste and Minister for Justice, Equality and a number of high-profile arrests and the acquis- Law Reform (Mr. McDowell): I propose to take ition of intelligence on the movements of crimi- Questions Nos. 141 and 194 together. nals. Notable improvements have been achieved Amendments to the Children Act 2001, intro- in recorded crime in the target crime areas under duced in the Criminal Justice Act 2006, will effec- the operation. An example of a recent success is tively raise the minimum age of criminal responsi- the operation carried out in the Moyross area last bility from 7 years to 12 years, in all but the most week, in which four arrests were made and four serious cases. In addition, proceedings against firearms (two rifles and two sawn off shotguns) children under 14 years of age will require the and a quantity of ammunition were seized. consent of the Director of Public Prosecutions. \ A budget of approximately 11 million has These provisions will come into force on the 16th been allocated for Operation Anvil during 2006, of October this year. Further provisions will allow and the Garda Commissioner has been advised the Court to dismiss a case against a child under that an additional \10 million has been made 14 where it determines that the child did not have available for further operations to tackle gang a full understanding of what was involved in the related crime. commission of the offence. The most recent figures available to me show In response to Deputy O´ Caola´in’s question, that since the introduction of Operation Anvil in what I actually said was that public opinion in May 2005, 515 firearms have been seized in the Ireland demanded that criminal prosecutions Dublin Metropolitan Region.Λ To date, Oper- should be pursued against young people accused ation Anvil has resulted in more than 3,000 of homicide or sexual offences. In the preparation arrests for serious crimes, including 53 arrests in of the recent legislation on the matter, careful connection with murders in the Dublin Metro- consideration was given to getting the balance politan Region. Outside the DMR over 1,683 per- right taking into account the vulnerability of sons have been arrested and 135 firearms seized. young people and the consequential obligation on I am advised that information on the number of Government, supported by public opinion, to charges preferred under Operation Anvil is not respond differently to their needs and deeds. readily available. The Deputy will be aware that there have been In addition to the introduction of Operation cases in other jurisdictions where there have been Anvil, the Commissioner in November 2005 aug- murders by 11 year olds. There have been serious mented the Organised Crime Unit at the National offences committed here by 11 year olds. Thank- Bureau of Criminal Investigation with an fully the number of cases is very small. However, additional 55 Garda members to address the I do not think it is satisfactory for victims that the 1365 Questions— 3 October 2006. Written Answers 1366 only sanction is for the perpetrators to be maturity of the child, in accordance with the Beij- referred to social services. In addressing serious ing Rules. youth offending there is an obligation on Govern- The age of criminal responsibility is just one ment to provide strong law together with good aspect of a much wider youth justice policy, the programmes if they are found guilty. legislative framework for which is set out in the The exceptions to the general age of responsi- Children Act 2001. A substantial portion of this bility of 12 years have been introduced for a Act is already in force, I am happy to say replac- number of good reasons. I do not believe that the ing the somewhat dated 1908 Children Act. It is original proposal in the 2001 Act, which would my intention, and that of my colleague the Mini- have given 10 and 11 year old children total ster for Children, to see the outstanding pro- immunity to being dealt with for the most serious visions of the 2001 Act implemented in early offences on the statute book would be an accept- 2007. There have also been a number of other able situation. As well as that, the common law significant developments in the areas of youth meaning of the age of criminal responsibility is justice recently. One of which was the establish- the age of capacity to commit an offence, the ment of the new Irish Youth Justice Service as an offence per se is not available as a ground for executive office of my Department last intervention in relation to the child. December. These along with other developments The changes to the age of criminal responsi- are already creating improvements in our youth bility have removed the concept where a child justice system and delivering better outcomes for under a particular age does not have the capacity children who come into contact with the law. to commit an offence. I think we can all accept that the age and level of maturity of a child may, Garda Deployment. in some cases, have an effect on his or her full 142. Ms O’Sullivan asked the Ta´naiste and understanding of what is involved in the com- Minister for Justice, Equality and Law Reform mission of an offence. The amendments to the the progress with regard to the greater use of civ- Children Act give the Court the power to con- ilians in An Garda Sı´ocha´na in order to release sider this question on an individual basis for a more members for front line policing duties; the child under the age of fourteen. Different chil- number of posts occupied by gardaı´ in 2001 that dren mature at different rates. The 2001 Act are now occupied by civilians; the plans he has to adopts an individualised approach which allows fill further such posts; and if he will make a state- the Court to exercise discretion in determining in ment on the matter. [30618/06] any particular case the child’s understanding of what is involved in the commission of an offence. Ta´naiste and Minister for Justice, Equality and In practical terms what all this means is that no Law Reform (Mr. McDowell): In my reply to child under 12 years of age can be charged with Priority Question No. 4 of 27 April 2006, I pro- an offence apart from unlawful killing; a rape vided a comprehensive update on the significant offence or aggravated sexual assault; no pro- progress being made in relation to civilianisation, ceedings can be taken against a child under 14 and again in reply to Oral Question No. 19 of 8 years except by or with the consent of the DPP; June 2006. I am pleased to inform the Deputy and any case against such a child can be dismissed that over the Summer further significant progress where the court determines that the child did not has been made. The main developments in this have a full understanding of what was involved in regard are as follows: the Garda Information the commission of the offence. Service Centre (GISC) in Castlebar is now almost fully operational, with some 150 civilian staff now If current trends continue it will be very rare employed there out of a sanctioned total of 160. that a child under 12 years of age will be charged Recruitment of the remaining staff is currently with an offence and the reality is that not all chil- underway. The GISC allows Gardaı´ who would dren under 14 years of age will be charged or otherwise have to return to their Stations to input prosecuted. data on the PULSE system, to log the infor- By any standard what I have proposed is mation with the GISC, while remaining on the reasonable and positive. Section 4.1 of the United beat. This major initiative has freed up significant Nations Standard Minimum Rules for the amounts of Garda time for continued operational Administration of Juvenile Justice does not duty. The Garda authorities are already consider- define a minimum age of criminal responsibility. ing what other tasks could be devolved to the It requires that the age “shall not be fixed at too GISC which would release additional Garda low a level” and that the “emotional, mental and resources to front-line policing. intellectual maturity” of the child should be Discussions have now concluded with staff borne in mind. interests regarding the transfer of civilian staff to I remind the Deputy that I am raising the age the direct control of the Garda Commissioner, a of criminal responsibility from 7, as it is at reform provided for in the Garda Sı´ocha´na Act present, to 12 in almost all cases, effective from 2005. I will shortly make the required Order to the 16th of October, 2006. I have also introduced give effect to the transfer of staff on 16 October specific provisions in respect of the age and next. 1367 Questions— 3 October 2006. Written Answers 1368

[Mr. McDowell.] the strength of the Garda Sı´ocha´na to 14,000 As part of the agreement with the staff side on members, in line with the commitment in the the transfer of staff, sanction has been granted Agreed Programme for Government. This pro- by the Minister for Finance for an additional 76 ject is fully on target and will lead to a combined civilian clerical and administrative posts to be strength, of both attested Gardaı´ and recruits in located around the country on a regional and div- training, of 14,000 by the end of this year. The isional basis. Recruitment to these posts will be first three groups of newly attested Gardaı´ under progressed as quickly as possible. this accelerated recruitment programme came on The Human Resources Division for civilian stream in March, June and September of this year staff in An Garda Sı´ocha´na has now been estab- and the fourth such group will become fully lished and when fully operational will have a attested members of the Force later this year. staffing complement of 37 civilians who will carry Further tranches of approximately 275 newly out recruitment, training, discipline, industrial attested Gardaı´ will follow every 90 days there- relations and general HR administrative func- after until the programme is complete. The Garda tions for the 1,900 clerical, administrative, pro- Commissioner will now be drawing up plans on fessional, technical and industrial civilians now how best to distribute and manage these working with An Garda Sı´ocha´na. The Division additional resources. will also play a key strategic role in driving for- I am determined to drive the Civilianisation ward the wider Civilianisation Programme. The Programme forward to ensure that the Gardaı´ Director and a number of staff have now com- being recruited in this current historic expansion menced duty, and recruitment of the remaining of the Force are deployed to front-line policing staff is underway. duties and that appropriately trained and quali- A new civilian Accommodation Manager at fied civilians make the greatest contribution pos- Garda Headquarters commenced duty on 11 sible consistent with the effective and efficient September last. functioning of An Garda Sı´ocha´na. I am confi- Under the Garda Sı´ocha´na Act, the Com- dent that the progress now being made on civ- missioner became the Accounting Officer for An ilianisation will deliver on both fronts. Garda Sı´ocha´na in July this year. This transfer of responsibility is being supported by the recruit- Commissions of Investigation. ment of nine (9) civilian Finance & Procurement staff. 143. Mr. Rabbitte asked the Ta´naiste and Minister for Justice, Equality and Law Reform I have also received sanction from my col- his response to the report of the Birmingham league the Minister for Finance to civilianise 31 Commission into the Dean Lyons case; the action posts in the Garda Telecommunications area. he has taken or plans to take arising from the These positions, most of which were previously report; and if he will make a statement on the occupied by Gardaı´, will be advertised shortly. matter. [30605/06] Progress is also being made on recruitment to a range of new civilian posts, including: Ta´naiste and Minister for Justice, Equality and • 28 staff (statisticians, analysts and adminis- Law Reform (Mr. McDowell): I published the trative staff) for the Professional Stan- Report of the Commission of Investigation into dards Unit; the Dean Lyons case on 1 September 2006. I believe the Report, based on the evidence of all • 10 internal audit posts; relevant witnesses, offers a thorough independent • 14 additional teaching/training posts in the analysis of the facts surrounding the false con- Garda College, Templemore; and fession made by Dean Lyons. I am pleased to note that the provisions of the Commissions of • 29 crime analysts. Investigation Act 2004 which I availed of in this Meanwhile, the Joint Implementation Group case have ensured a timely and cost effective (JIG) comprising management representatives investigation without in any way compromising or from An Garda Sı´ocha´na and my Department is encroaching on its proper conduct. I am indebted continuing its work on civilianisation. Given that to Mr Birmingham and his legal and administra- the 2001 Civilianisation Report was written at a tive personnel for the thorough manner in which particular point in time, the JIG is taking account they performed this difficult and sensitive task. of changes which have occurred in the envir- I sent a copy of the report to the Garda Com- onment in which civilianisation is being pursued missioner and at present it is under consideration and looking at ways in which the Civilianisation by him. Programme can be advanced in the shorter term, I also sent a copy to the Expert Group which I both in the context of the report and otherwise. established in the light of concerns arising from As the Deputy can see, considerable progress is the Dean Lyons case. The Group will be now being made by the Group and further initiat- reporting to me on the adequacy of Garda train- ives are being planned. ing, protocols, regulations and procedures, in I might add that significant progress is being assessing the fitness of suspects to be interviewed made in the current recruitment drive to increase and on the recording of any bona fide reser- 1369 Questions— 3 October 2006. Written Answers 1370 vations of an individual member of a Garda lowing nomination by the Government and investigation team as to the truthfulness or accu- recommendations by both Houses of the racy of self-incriminating statements. The Expert Oireachtas. The Commission is in a preparatory Group comprises ex Asst Commissioner Tony stage at present. I understand that the initial work Hickey, Mr Charles Smith ex Director of the of the Commission has involved study visits to Central Mental Hospital, a senior official from their counterparts in Northern Ireland and the the DPP’s office and a senior civil servant. UK and initial meetings with the various stake- I have already stated publicly that I will publish holders involved in the Garda complaints system, the report of the Expert Group. such as Garda management, the Garda represen- tative bodies and officials of my Department. International Agreements. This process is aimed at enabling the Commission to establish principles regarding its approach to 144. Mr. Gogarty asked the Ta´naiste and Mini- investigating complaints and to work on the ster for Justice, Equality and Law Reform when development of operational protocols with the Ireland will sign and ratify the Council of Europe Garda Sı´ocha´na. The Commission have adver- Convention Against Trafficking in Human tised all of their senior posts: Director of Investi- Beings; the steps he has taken to bring Irish crimi- gations, Deputy Director of Investigations, Direc- nal law into line with the requirements of the con- tor of Administration and Head of Legal Affairs, vention; and if he will make a statement on the and all of their investigative staff. General staff matter. [30711/06] will be sourced from Department of Finance Dublin decentralisation arrangements. The short Ta´naiste and Minister for Justice, Equality and list for the post of Director of Investigations have Law Reform (Mr. McDowell): The question of been interviewed and I understand that an offer Ireland signing and ratifying the Council of to the successful candidate is imminent. Inter- Europe Convention on action against trafficking views for the remaining senior posts are sched- in human beings is currently being examined. uled by the Public Appointments Service to take Legislation creating a criminal offence of traf- place later this month. The Commission is work- ficking in persons for the specific purpose of sex- ing towards being in a position to receive com- ual or labour exploitation is contained in the plaints as soon as possible in 2007. Criminal Law (Trafficking in Persons and Sexual Offences) Bill 2006 which is currently being State Property. drafted in the Office of the Parliamentary Coun- sel. This Bill will allow for compliance with the 146. Mr. Cuffe asked the Ta´naiste and Minister criminal law requirements of the Convention. for Justice, Equality and Law Reform if he, or However, the Bill will be more comprehensive members of staff at his Department, engaged in than dealing only with trafficking issues; it will consultation with Du´ n Laoghaire Rathdown also provide greater protection to vulnerable per- County Council on the proposed sale of Shangan- sons, in particular children, against sexual abuse agh Castle and lands; if so, if such consultation and generally keep our legislation in that respect addressed the way the lands might be developed up to date. with the best interests of the local community in As regards the treatment of victims, the current mind; and if he will make a statement on the immigration procedure in Ireland allows victims matter. [30702/06] to be dealt with sympathetically. Compliance with the Convention will require a more formalised 178. Mr. Sargent asked the Ta´naiste and Mini- process for dealing with trafficking victims. ster for Justice, Equality and Law Reform the However, in practice it would not result in any way he which he will use the proceeds of the sale major change in the way cases are dealt with at of Shanganagh Castle, County Dublin; and if he present. will make a statement on the matter. [30703/06]

Garda Ombudsman Commission. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I propose to take 145. Mr. S. Ryan asked the Ta´naiste and Mini- Questions Nos. 146 and 178 together. ster for Justice, Equality and Law Reform the The proceeds from the sale of this property will progress made with regard to the establishment be used to offset the costs of the major capital of the Garda Ombudsman Commission; the investment programme which I am making in the number of staff recruited to date; when the Com- prison system. mission will be in a position to begin dealing with Part of the property — about 21 acres — was, complaints from the public; and if he will make a following discussions with Dun Laoghaire statement on the matter. [30627/06] Rathdown County Council, sold to that body. The sale was concluded in 2005. I should add also Ta´naiste and Minister for Justice, Equality and that Prison Service Officials were at the time Law Reform (Mr. McDowell): The Garda Sı´och- informed by the Council that it had no interest in a´na Ombudsman Commissioners were appointed the remaining lands, including the buildings, by the President on the 10th February 2006, fol- which are now for sale by tender. 1371 Questions— 3 October 2006. Written Answers 1372

[Mr. McDowell.] on whether his proposed Privacy Bill 2006 poses Officials of the Prison Service recently facili- a grave threat to the ability of investigative tated a request from the Dun Laoghaire journalists to uncover matters of public import- Rathdown County Manager and his officials to ance; and if he will make a statement on the view the property. No detailed discussions on matter. [31015/06] possible future uses of the lands took place nor was the matter raised by the County Manager or Ta´naiste and Minister for Justice, Equality and his officials. Law Reform (Mr. McDowell): I propose to take Questions Nos. 148, 199, 201 and 208 together. Immigration Policy. As indicated in the Government Legislative 147. Mr. Morgan asked the Ta´naiste and Mini- Programme, announced by the Chief Whip on 26 ster for Justice, Equality and Law Reform the September 2006, the Privacy Bill is included reason proposals regarding statutory provisions amongst those Bills whose Second Stage debate for family reunification are not included in the is awaited. heads of his proposed Immigration and Resi- The Privacy Bill was published on 4 July 2006. dence Bill, in view of his repeated refusal to The main purpose of the Bill is to introduce a answer parliamentary questions on family reunifi- modern statutory framework to protect all citi- cation on the grounds that it would be dealt with zens from the invasion of their privacy. The Bill in the Bill. [30692/06] does not introduce a new cause of action, but rather recognises the probability that there is a Ta´naiste and Minister for Justice, Equality and pre-existing cause of action in respect of privacy Law Reform (Mr. McDowell): The Deputy will interests afforded by the Constitution and makes be aware that I published a discussion document clear the scope of that cause of action. In in April 2005 entitled “Immigration and Resi- addition, the Bill takes into account the privacy dence in Ireland — Outline policy proposals for guarantees stipulated in the European Conven- an Immigration and Residence Bill”. This docu- tion on Human Rights, and the extensive ment outlines the issues which future immigration development of those guarantees effected by legislation and policy will need to deal with and decisions of the European Court of Human lists my Department’s proposals on how these Rights. issues should be addressed. The “key proposals” The Privacy Bill does not pose a threat to section of the chapter on family reunification newsgathering activities. The Bill, in section 5, clearly states that family reunification provisions provides for the defence in a privacy action of fair are to be set out in an accessible and transparent and reasonable publication on a matter of public fashion in secondary legislation or practice importance. This is a significant safeguard to the instructions. This will be achieved through the continued operation of bona fide newsgathering medium of policy statements as referred to in operations. The Bill will support the publication the Bill. of material that is in the public interest. It will clarify the law for publishers and remove the grey Proposed Legislation. areas that exist for them at present. 148. Mr. Costello asked the Ta´naiste and Mini- I have met the representatives of the print ster for Justice, Equality and Law Reform the media — the Press Industry Steering Committee proposals he has for discussions with representa- — on a number of occasions in recent years, pri- tives of the media to address concerns that have marily in the context of the reform of the law on been raised regarding the Privacy Bill; and if he defamation. At their request, I expect to meet will make a statement on the matter. [30632/06] again with the Committee in the near future to discuss any concerns they may have on the Priv- 199. Mr. J. O’Keeffe asked the Ta´naiste and acy Bill. Minister for Justice, Equality and Law Reform his views on whether the case for the Privacy Bill Garda Reserve. 2006 has not been made; and if he will withdraw the Bill. [30678/06] 149. Mr. Eamon Ryan asked the Ta´naiste and Minister for Justice, Equality and Law Reform 201. Mr. Boyle asked the Ta´naiste and Minister his views on whether it was premature to embark for Justice, Equality and Law Reform his views upon a recruitment drive for the proposed Garda on whether his proposed Privacy Bill 2006 poses Sı´ocha´na Reserve in view of the ongoing refusal a threat to the ability of investigative journalists of the Association of Garda Sergeants and to uncover matters of public importance; and if Inspectors and the Garda Representative Associ- he will make a statement on the matter. ation to co-operate with the reserve; the way in [30709/06] which the Reserve Force will be introduced in the absence of cooperation from rank and file 208. Mr. Cuffe asked the Ta´naiste and Minister members; and if he will make a statement on the for Justice, Equality and Law Reform his views matter. [30708/06] 1373 Questions— 3 October 2006. Written Answers 1374

Ta´naiste and Minister for Justice, Equality and (details supplied) in County Mayo has been Law Reform (Mr. McDowell): The Oireachtas refused permission to remain in the State; if he provided for the establishment of the Garda will take steps to change this decision; and if he Reserve in section 15 of the Garda Sı´ocha´na Act will make a statement on the matter. [30477/06] 2005, and on foot of proposals received from the Garda Commissioner I drafted regulations gov- Ta´naiste and Minister for Justice, Equality and erning the recruitment, training and deployment Law Reform (Mr. McDowell): I propose to take of Reserve Gardaı´. All of the Garda representa- Questions Nos. 150 and 213 together. tive bodies were invited to engage in constructive The person concerned arrived in the State on discussion of those draft regulations. The regu- 3 April 2002 and made an application for asylum lations were approved by Government in July on the same day. He withdrew his request for asy- and recruitment for the Reserve commenced in lum on 21 October 2002 and made an application August. for permission to remain in the State on the basis Both the Association of Garda Sergeants and of parentage of an Irish child born on 8 October Inspectors and the Garda Representative Associ- 2002. ation, while advising their members to comply Following the decision of the Supreme Court with any orders regarding implementation of the in the cases of L & O, the separate procedure Reserve, have declared their continued oppo- which then existed to enable persons to apply to sition to the Reserve. This is a clear contra- reside in the State on the sole basis of parentage vention of the terms of the new social partnership of an Irish born child ended on 19 February 2003. agreement Towards 2016, which requires “co- The Government decided that the separate pro- operation with the implementation of policies, cedure would not apply to cases which were out- initiatives and reforms following Government standing on that date. decisions or the enactment of legislation Since the person in question did not have an (primary, secondary or EU).” A continued alternative legal basis for remaining in this juris- unwillingness on the part of the two associations diction the issue of permission to remain was con- to accept this fundamental principle of Towards sidered in the context of a Ministerial proposal to 2016 will prevent the application of that agree- deport him. Before that process was finalised a ment, including its provisions on pay increases, to new residency alternative was introduced for their members. parents of Irish born children. The person in I should say that, notwithstanding the position question made an application for permission to of both associations, members of all ranks have remain in the State under the revised arrange- co-operated with the recruitment, interviewing, ments announced by me on 15 January 2005 for security vetting, equipping and training of appli- parents of Irish children born before 1 January cants for the Reserve, and the first group of 37 2005, which is commonly referred to as the Reserve Trainees was welcomed to the Garda IBC/05 scheme. College in Templemore last Saturday to com- It is a requirement of the IBC/05 scheme that mence training. each applicant is resident in the State with their Finally recent remarks attributed to the Irish child on a continuous basis since the child’s General Secretary of the GRA to the effect that birth and that evidence of such residence be pro- members of the Garda Reserve would be “hated vided with the application. The person in ques- and despised” represents, on the face of it, a tion did not provide satisfactory evidence of deplorable attitude for a Garda towards his fel- being continuously resident in the State with his low citizens, the Oireachtas and the demo- Irish born children since their birth. Conse- cratically expressed will of the people as con- quently his application under the revised arrange- tained in the Garda Sı´ocha´na Act 2005. ments was refused on 16 November 2005 on that I have therefore asked the Garda Com- basis. missioner to investigate this reported remark and The immigration status of the person con- to furnish an early report to me on the matter. cerned is currently being reviewed. In the event that the person in question does not have per- Asylum Applications. mission to remain following this review, he will then have an opportunity to make further rep- 150. Dr. Cowley asked the Ta´naiste and Mini- resentations as to his continued presence in the ster for Justice, Equality and Law Reform if it State. is acceptable that a person (details supplied) in County Mayo has been refused permission to remain here due to the fact that their children no Garda Reserve. longer reside here; the steps he will take to 151. Mr. S. Ryan asked the Ta´naiste and Mini- change this decision; and if he will make a state- ster for Justice, Equality and Law Reform the lat- ment on the matter. [30544/06] est position in regard to the proposed Garda Reserve; the number of applications received to 213. Dr. Cowley asked the Ta´naiste and Mini- date; the number of applications processed and ster for Justice, Equality and Law Reform his approved; if training procedures are in place; if views on whether it is acceptable that a person an upper limit has been agreed for membership 1375 Questions— 3 October 2006. Written Answers 1376

[Mr. S. Ryan.] Street in Galway, Anglesea Street in Cork, Pearse of the Reserve; when the first members of the Street, Dublin 2 and Store Street, Dublin 1. Reserve will be in place; and if he will make a Preparations are being made for the introduc- statement on the matter. [30626/06] tion of the Reserve into other areas of the coun- try in the coming months. Applicants will be con- Ta´naiste and Minister for Justice, Equality and tacted in the near future to advise them of the Law Reform (Mr. McDowell): The Garda Sı´och- selection procedures for these areas. a´na (Reserve Members) Regulations 2006 were approved by Government in July 2006. Following Garda Disciplinary Regulations. this, a nationwide advertising and recruitment campaign for both Garda Reserve trainees and 152. Ms B. Moynihan-Cronin asked the full-time Garda trainees was launched on 14 Ta´naiste and Minister for Justice, Equality and August 2006. The recruitment campaign for full- Law Reform if the new disciplinary code for time trainees closed on 19 September 2006. Gardaı´ announced by him on 19 May 2006 and Recruitment for the Garda Reserve will con- which he said would be in operation prior to the tinue indefinitely. summer recess has been brought into effect; and Recruitment for the Garda Reserve is being if he will make a statement on the matter. carried out by the Public Appointments Service. [30606/06] Applications are being accepted by both internet and phone. The total number of formal appli- Ta´naiste and Minister for Justice, Equality and cations for the Garda Reserve at 19 September Law Reform (Mr. McDowell): In the Garda was 6,661. This demonstrates the significant level Sı´ocha´na Act, 2005, I have made detailed pro- of public interest in the Garda Reserve and the visions for the making of Disciplinary Regu- willingness of people to serve their local com- lations for the Garda Sı´ocha´na. munities. In its report earlier this year, the Garda Sı´och- It is planned to recruit 900 Reserve members a´na Act Implementation Group, chaired by in the current recruitment campaign. Interviews Senator Maurice Hayes, acknowledged the for the first tranche of Reserve trainees were held requirement for changes to the Garda dis- in the week beginning 11 September. Candidates ciplinary regulations to coincide with the coming for Reserve trainee have to undergo medical into operation of the Garda Ombudsman Com- examinations and are subject to the same vetting mission. The Group was strongly of the view that process as full-time applicants. Reserve trainees the opportunity should be taken for a compre- must be aged under 60 when commencing hensive revision of the Garda disciplinary frame- training. work so as to bring it into line with modern prac- The first group of 37 trainees commenced tice in human resource management. training in the Garda College in Templemore last Subsequently, on 19th of May 2006, the Saturday, 30 September. Government statement regarding Reports of the The comprehensive training programme for Morris Tribunal acknowledged and accepted the Garda Reserve trainees consists of more than 120 hours initial training, which is in accordance with views of the Tribunal that the current disciplinary best international standards. The programme regulations need to be replaced by a new less consists of five phases as follows: complex approach which will be swift and fair Phase One is a two day induction course to give with a simple appeal process. Reserve members an appreciation of the Garda On 17 August, on publication of the 3rd, 4th Organisation and its culture. and 5th reports of the Morris Tribunal, I pub- Phase Two will consist of 56 hours training at lished new draft Garda Discipline Regulations evenings / weekends during which the trainee which were drawn up in consultation with the Reserve members will learn basic law and Garda Commissioner. These draft regulations Garda procedures. take account of the recommendations of the Phase Three will be two days during which the Morris Tribunal, follow well-established prin- trainee Reserve members will engage in role play ciples in the public sector and beyond, and are exercises including radio procedures and be significantly more streamlined than existing instructed in self defence, handcuff techniques Garda Discipline Regulations. The new draft and use of equipment. regulations have been put into the Garda Concili- Phase Four will be a minimum of 40 hours at a ation Council for discussion with the Garda rep- nominated Garda Station during which the resentative associations and, in recognition of the Trainee Reserve members will engage in fundamental changes now proposed, I have made accompanied beat patrol with a full-time Garda available additional time beyond the original tar- and Station duty under a Station Sergeant. get date of the Summer recess. I do expect, Phase Five will be a one day graduation at the however, those discussions to be concluded Garda College. promptly and effectively, and I will bring final The initial group of trainees will be assigned to proposals to Government for approval in the the following five Garda stations: Sligo, Mill near future. 1377 Questions— 3 October 2006. Written Answers 1378

Prison Service Reports. of these new workshops is almost com- plete; and 153. Ms B. Moynihan-Cronin asked the Ta´naiste and Minister for Justice, Equality and • the refurbishment of Cloverhill Education Law Reform his response to the most recent Centre which has recently been completed. reports of the Inspector of Prisons, Mr. Dermot Classes have now commenced and courses Kinlen; the action being taken to address the are being rolled out on a phased basis. serious shortcomings in conditions identified in The Fourth Annual Report of the Inspector the reports; and if he will make a statement on covers the period April 2005 — April 2006 and the matter. [30608/06] deals with a wide range of issues including staff- ing levels, the establishment of an Inspector of Tanaiste and Minister for Justice, Equality and ´ Prisons on a statutory footing, prisoners rights to Law Reform (Mr. McDowell): I presume the vote, the privatisation of prisons, recidivism, drug Deputy is referring to the Fourth Annual Report addiction and prisoners with psychiatric illnesses. of the Inspector of Prisons and Places of Deten- In relation to shortcomings in conditions, the tion and the Report of the Inspection of Clo- Inspector calls in his report for the immediate verhill Prison which were published by me in closure of St. Patrick’s Institution. The lack of August, 2006. modern facilities at St. Patrick’s Institution has At the outset I would like to recall that these been the subject of justified criticism not only by reports coincided with a period of profound the Inspector of Prisons but also by other over- change in the Prison Service during which the sight and monitoring bodies. The Government decades long problem of dependency on excess- shares the views expressed that St. Patrick’s Insti- ive prison overtime was finally confronted — a tution is no longer suitable as a place of detention confrontation which unavoidably impacted on for young people and that its complete replace- long developed prisoner regimes. ment is required. The Institution, together with As the Deputy will be aware, a situation had other detention facilities on the Mountjoy Prison developed in the Prison Service whereby the capi- complex, will be closed as soon as planned new tal budget and every other budget within the facilities are constructed on a green field site at system was being cannibalised to fund overtime Thornton Hall, Co. Dublin. Separate facilities will expenditure. This reached a peak in 2003 when be available at Thornton Hall for 16 and 17 year \60 million was spent on overtime — approxi- old boys. The new campus will allow us to mately 20% of the entire prison budget. develop progressive rehabilitative programmes, In order to reverse this wholly unsustainable introduce enhanced educational facilities and to and incredibly damaging dependence on over- introduce single occupancy cells with in-cell sani- time, I put in place a number of measures includ- tation to end the practice of slopping out. ing major cutbacks in overtime expenditure and The development of the new prison campus new attendance arrangements. These measures will also provide the Irish Prison Service with led to cuts, for necessary operational reasons, in room for future expansion ensuring that there is services to prisoners in the period covered by the no return to the revolving door of the mid 1990s Inspector’s reports. when the Rainbow Government presided over a However, following prolonged negotiations the situation with 20% of prisoners on temporary POA, in August 2005, accepted a proposal for release. By way of comparison, on 28 September, organisational change eliminating overtime work- 2006 there were 3,314 persons in the prison ing and introducing new organisational and work- system, of whom 156 (4.7%) were on temporary ing arrangements which will provide long term release. The reason for the significant fall in the savings to the Exchequer of up to \25m per percentage of prisoners on temporary release annum. These new arrangements will not only between 1996 and 2006 is because this Govern- restore but actually enhance prisoner regimes in ment has provided some 1,100 net additional the years ahead, particularly in terms of improv- prison spaces since 1997. In addition, over 400 ing access to services, the availability of better new places are in the process of being provided facilities, and making more productive use of out- for at Shelton Abbey, Loughan House, Castlerea, of-cell time for prisoners. Portlaoise and Wheatfield Prisons. In this regard, much progress has been made in The Inspector also calls for the elimination of the last 12 months in improving educational and drugs in prisons and the introduction of sniffer workshop facilities for prisoners including: dogs in prisons such as Mountjoy. As the Deputy is aware the elimination of drugs in our prisons is • the refurbishment of 5 workshops in St one of my key priorities. In order to achieve this, Patrick’s Institution which will lead to a Drug Detection Dog was introduced into the FETAC accreditation in metal work, prison system earlier this year. The service is woodwork, computers, industrial cleaning based in the Midlands Prison and it is planned and other industrial skills. The new work- that trials will be carried out from that base shops will give constructive activity to over across the estate. This initial phase is being used 70 inmates and the rollout of the opening to test the effectiveness of drug dogs in Irish 1379 Questions— 3 October 2006. Written Answers 1380

[Mr. McDowell.] provide the greatest degree of protection for the Prisons and also to act as a learning exercise for individual, for other prisoners, and for staff. the Irish Prison Service to refine its precise My Department and the Irish Prison Service is approach in a wider deployment. The pilot has continually engaged with the Department of proved extremely successful to date and the dog Health and Children and the HSE in a process has detected significant numbers of smuggling aimed at co-ordinating the provision of attempts and also acts as a strong deterrent to Healthcare (including psychiatric services) to such activities. It is intended that the Drug Detec- prisoners. tion Dog will be used in Mountjoy in the near In relation to the use of padded cells, I have future. honoured my commitment to abolish the use of However, Drugs Detection Dogs are just one old style padded cells with the introduction of of a much wider range of measures contained in newly designed and improved cells. Special the new Irish Prison Service Drugs Policy & Observation Cells are not used for routine Strategy which I launched earlier this year. The reasons and are only used in cases where a pris- new Policy & Strategy provides, for the first time, oner is in a highly agitated state and where he or a co-ordinated and consistent national approach she is at risk of harming themselves or others. No to dealing with the thorny problem of the supply mentally ill prisoner awaiting a move to the Cen- of drugs as well as ensuring that appropriate tral Mental Hospital is detained in a special cell treatment is available to prisoners to help them unless this is unavoidably necessary. Such a prac- conquer their addiction. The Policy is currently tice is not common place and only takes place being rolled out across the prison system. where the safety of prisoners require such use. The new replacement Mountjoy and Munster prison complexes will also be constructed with an Sexual Offences Legislation. extensive perimeter to prevent drugs being thrown over the wall thus facilitating drug-free 154. Mr. Penrose asked the Ta´naiste and Mini- regimes. ster for Justice, Equality and Law Reform if he In relation to prisoners with psychiatric ill- has put in place the procedures he promised in ´ nesses, the Inspector expressed concern regarding Da´il Eireann on 8 June 2006 for consultation the treatment of mentally ill prisoners and pris- between his Department and the Offices of the oners with personality disorders and recommends Attorney General and Director of Public Pros- that the Department of Health and Children take ecutions in the case of litigation on constitutional responsibility for such prisoners. and policy issues; the new procedures now in The Irish Prison Service is committed to place; and if he will make a statement on the healthcare standards comparable with those per- matter. [30622/06] taining in the wider community outside prison. Prisoners have access to medical, nursing, psychi- Ta´naiste and Minister for Justice, Equality and atric, and psychological services within the prison Law Reform (Mr. McDowell): In my response to system. The psychiatric needs of prisoners are Parliamentary Question, reference No. 22200/06 serviced by visiting psychiatrists. The psychiatric on 8 June 2006, I undertook that my Department service of the Eastern Coast Area Health Board would co-operate in every possible way, including at the Central Mental Hospital, Dundrum (which the implementation of any new communications is under the management of the HSE and the or consultation arrangements, with the examin- Department of Health and Children) provide reg- ation of the Attorney General’s Office by an ular weekly counselling and treatment sessions at official from the Department of Finance which the Dublin prisons. In other locations services are was then due to take place. provided by local psychiatrists. Arising out of that examination, recommend- Offenders who, in the opinion of the psy- ation No. 16 states that: Having regard to the chiatrist and the Prison Doctor are in need of in- interdependence and importance of communi- patient psychiatric treatment, may be transferred cations between the following Offices in serious by Order to either the Central Mental Hospital or litigation cases, the Director General should con- a District Mental Hospital. However, the Central vene a conference to discuss how relevant Mental Hospital is the only psychiatric in-patient material, including notifications, trial dates and hospital that will, in effect, accept prisoners. Due notice of judgment can be most promptly com- to increased demand on this facility from various municate, on receipt of any of the Offices to the sources in recent years it has frequently been the other Offices. These Offices are: (a) CSSO, (b) situation that a waiting list occurs for admission Courts Service, (c) DPP, (d) Chief Prosecution and priority is on clinical need. This situation Solicitor’s Office, and (e) Department of Justice, arises in spite of general agreement regarding the Equality and Law Reform. necessity for admission and, while awaiting a bed In compliance with that recommendation, a to become available, the prison authorities may conference has been arranged for 6 October 2006 be left with no alternative but to seek to manage at which officials from my Department will a disturbed individual in conditions which attend. 1381 Questions— 3 October 2006. Written Answers 1382

Garda Recruitment. and Minister for Justice, Equality and Law Reform the steps he has taken since the passage 155. Mr. Sherlock asked the Ta´naiste and Mini- of the Criminal Law (Insanity) Act 2006 to elim- ster for Justice, Equality and Law Reform if he inate the practice whereby offenders suffering has brought to Government his request for mental illnesses and disabilities are detained in approval for the appointment of an additional prisons where appropriate services are not avail- 1,000 gardaı´; the response received from Govern- able to them thus placing the safety and welfare ment; and if he will make a statement on the of themselves and other prisoners at grave and matter. [30628/06] even fatal risk; and the steps he has taken in part- icular since a person (details supplied) was beaten Ta´naiste and Minister for Justice, Equality and to death in Mountjoy Prison on 31 July 2006. Law Reform (Mr. McDowell): In August 2005, [30697/06] my Department received a submission from the Garda Commissioner on the resourcing require- ´ ments of An Garda Sı´ocha´na. The submission 192. Aengus O Snodaigh asked the Ta´naiste was based on the Commissioner’s analysis of the and Minister for Justice, Equality and Law policing challenges facing An Garda Sı´ocha´na in Reform the steps he has taken between the pass- the medium and longer term, including the impli- age of the Criminal Law (Insanity) Act 2006 in cations of demographic change, the need to con- April 2006 and the end of July 2006, when a per- tinue to combat crime and terrorist threats, and son (details supplied) was beaten to death in the requirements for enhanced enforcement of Mountjoy Prison, to eliminate the practice road traffic law and immigration control. In the whereby offenders suffering mental illnesses and submission, the Commissioner proposed the disabilities are detained in prisons where appro- future expansion of An Garda Sı´ocha´na to 15,000 priate services are not available to them thus full time members. He also proposed the expan- placing the safety and welfare of themselves and sion of the Garda overtime budget, the creation other prisoners at grave and even fatal risk; and of a Garda Reserve and additional civilian sup- the steps he has taken since August 2006. port for An Garda Sı´ocha´na. [30696/06] On these last three issues, strong action has been taken. The 2006 Garda overtime budget Ta´naiste and Minister for Justice, Equality and allocation has risen by \22.4 million to \83.5 mil- Law Reform (Mr. McDowell): I propose to take lion, an increase of 36.6% over the original allo- Questions Nos. 156 and 192 together. cation of \61.1 m in 2005. I have made the neces- The Deputy will be aware that, subject to the sary regulations providing for the establishment Criminal Law (Insanity) Act, 2006, the decision of a Garda Reserve and recruitment and training whether or not to commit an accused person or a of Reserve Members is underway. As I outlined convicted person to prison is a matter for the in an answer to another question today, signifi- Courts. cant progress has also been made on providing The Criminal Law (Insanity) Act, 2006, pro- additional civilian support for An Garda vides that where a question of fitness to be tried Siocha´na. arises, the court may in certain circumstances On the issue of an increase in the strength of refer a person to the Central Mental Hospital to An Garda Sı´ocha´na to 15,000, the priority now be assessed. If the Court makes a finding that a is to complete the current recruitment drive to person is not fit to be tried that person cannot be increase the strength of An Garda Sı´ocha´na to committed to a prison. If a person is found not 14,000 members, in line with the commitment in guilty by reason of insanity that person cannot be the Agreed Programme for Government. This committed to a prison. has involved a major redevelopment of the facili- The Prison Service must accept all persons ties at the Garda College, almost doubling its committed into their custody on foot of legal student capacity. The recruitment programme is orders of the Courts. A person committed to fully on target, and will lead to a combined prison may have or develop a mental illness. The strength, of both attested Gardaı´ and recruits in Criminal Law (Insanity) Act, 2006 provides that training, of 14,000 by the end of this year. where on the basis of medical assessment, a pris- I am now giving careful consideration to the oner is considered to require specialist treatment case made by the Garda authorities for a continu- that cannot be provided in prison that prisoner ation of the current intensive recruitment drive may be transferred to a designated centre for beyond the target of 14,000. I do not want to treatment. The Central Mental Hospital is cur- anticipate the decision of Government, but I can rently the only such designated centre. The ques- say that I recognise the strength of the case made tion of resources for the CMH is a matter for the by the Commissioner and his colleagues and that Health Service Executive and my Department is I attach considerable weight to their arguments. currently working closely with both the Depart- ment of Health and Children and the Health Service Executive with a view to ensuring that the Prison Medical Service. necessary mental health facilities are available 156. Caoimhghı´nO´ Caola´in asked the Ta´naiste for prisoners. 1383 Questions— 3 October 2006. Written Answers 1384

[Mr. McDowell.] attention has been drawn to the view expressed Following the events at Mountjoy Prison on the by the former Vice Chairman of the Policing 1st of August last, I appointed Mr Michael Mel- Board of Northern Ireland strongly supporting let, a former Deputy Secretary of my Department the case for the establishment of an Independent and member of the Council of Europe Commit- Garda Authority; his view of same; if he will tee for the Prevention of Torture and Inhuman reconsider his decision not to establish such an or Degrading Treatment or Punishment, to authority; and if he will make a statement on the inquire into the facts surrounding this tragedy matter. [30629/06] and to make recommendations with a view to seeking to ensure that such an incident does not Ta´naiste and Minister for Justice, Equality and occur again. Law Reform (Mr. McDowell): I am aware of the view expressed by the former Vice-Chairman of National Archives. the Northern Ireland Policing Board advocating the establishment of a similar policing authority 157. Dr. Upton asked the Ta´naiste and Mini- in this jurisdiction. The perceived advantage of ster for Justice, Equality and Law Reform his such an authority is that it interposes an views on the recommendation of the Justice additional layer of independent accountability Archives Advisory Group that records in his between the political process and the manage- Department which are more than 30 years old ment of An Garda Sı´ocha´na. should be transferred to the National Archives; The idea of such an authority makes perfectly and if he will make a statement on the matter. good sense in the context of the UK regional [30638/06] police structure where there is no corresponding regional democratic unit, and in Northern Ta´naiste and Minister for Justice, Equality and Ireland, of course, where there are unique Law Reform (Mr. McDowell): I can inform the requirements associated with the need for confi- Deputy that my Department has always taken its dence building in a cross-community obligations under the National Archives Act, environment. 1986 very seriously, including of course the I believe, however, that where there is a single general obligation to transfer records that are national police force the case for the setting up over 30 years old. The Act does, however, of a policing authority to act as a link between provide that certain records which are over 30 democratic institutions and the day to day years old may nevertheless be withheld from responsibility for operational policing loses much transfer on grounds specified under the Act. of its force. These grounds would have applied in respect of Furthermore, I would contend that this a range of sensitive records held by my additional layer in our scheme of things would Department. very seriously dilute democratic accountability I was concerned, however, that the long- term and political responsibility, as well as the per- effect of withholding records from public inspec- formance and effectiveness of An Garda Sı´och- tion, done quite legitimately under the criteria set a´na itself. The relationship between the Com- out in the Act, would be to exclude documents of missioner of An Garda Sı´ocha´na, the genuine historic value from public scrutiny. Government and the Houses of the Oireachtas Indeed, this was a concern shared by the senior has developed over time. The accountability of officials in my Department. An Garda Sı´ocha´na to this House, both directly Accordingly, I appointed an Archives Advisory and through the Minister for Justice, Equality and Group in February, 2006, comprising of a number Law Reform, has been strengthened by the of eminent historians and academic figures, with Garda Sı´ocha´na Act 2005. Professor Mary Daly as Chairperson, to advise To establish a separate authority for An Garda me on the historical value of these records and Sı´ocha´na would also raise the question of who how access to them might be facilitated. The should serve on such an authority and how they Group concentrated, initially, on records relating should be selected. I believe it is more appro- to National Security and Northern Ireland priate that An Garda Sı´ocha´na should be matters up to 1956. It submitted its first Report accountable to the Government and to the to me on 25 September and amongst its con- Oireachtas — which are fully representative of clusions has recommended that these 50 year old Irish society — than to an unelected body. records should be transferred to the National Archives over the next 12 months. Criminal Prosecutions. I have accepted this recommendation and look forward to receiving further reports on the 159. Mr. Cuffe asked the Ta´naiste and Minister Group’s work. for Justice, Equality and Law Reform if he has given consideration to making changes to the legislation governing the double jeopardy rule, Policing Authority. known in law as autrefois acquit, in view of recent 158. Mr. Sherlock asked the Ta´naiste and Mini- legislative changes in the UK which have relaxed ster for Justice, Equality and Law Reform if his the double jeopardy rule for up to 30 offences 1385 Questions— 3 October 2006. Written Answers 1386 which attract a life sentence, including man- careful consideration. I would therefore propose slaughter, kidnapping, rape, armed robbery and a to await the views of the Law Reform Com- number of serious drugs crimes; and if he will mission before bringing forward any legislative make a statement on the matter. [30713/06] proposals on the matter.

Ta´naiste and Minister for Justice, Equality and Proposed Legislation. Law Reform (Mr. McDowell): Irish law relating to prosecution appeals has been the subject of 160. Ms Shortall asked the Ta´naiste and Mini- scrutiny in recent times. As the Deputy may be ster for Justice, Equality and Law Reform when aware, in this jurisdiction there exists only a lim- the proposed new Immigration Bill will be pub- ited prosecution right of appeal against an acquit- lished; his proposed legislative timetable for the tal. This situation has its origins in the common Bill; if he will bring the Heads of the Bill before the Joint Committee on Justice, Equality, law rule against double jeopardy, i.e. that no-one Defence and Women’s Rights; and if he will should be tried twice for the same offence. The make a statement on the matter. [30631/06] existence of this rule does not, however, prohibit the introduction of statutory provisions allowing Tanaiste and Minister for Justice, Equality and for a prosecution right of appeal against acquittal. ´ Law Reform (Mr. McDowell): Deputies will be For example, a prosecution right of appeal in aware that I recently referred the Scheme of the relation to cases tried on indictment is contained proposed Immigration, Residence and Protection in section 34 of the Criminal Procedure Act, 1967, Bill to the Office of the Parliamentary Counsel as amended by section 21 of the Criminal Justice for drafting. The Scheme has been circulated to Act 2006. This section provides for a prosecution members of both Houses and has been sent to right of appeal on a point of law which arose dur- the Human Rights Commission for its obser- ing the trial of an acquitted person. This right of vations. It has also been published on my Depart- appeal is without prejudice i.e. it cannot interfere ment’s website and my Department has put in with the decision to acquit the accused. place a dedicated e-mail address — immigration- As the Deputy points out the United Kingdom [email protected] — to which interested parties can has introduced legislative provisions, contained in send their comments. the Criminal Justice Act 2003, which provide for I expect that the Bill will be published early an exception to the double jeopardy rule for cer- next year. After publication, its legislative pro- tain serious offences. A prosecutor in that juris- gress will be in the Hands of the Houses of the diction is empowered, subject to the written con- Oireachtas. The Da´il Committee on Justice, sent of the DPP in that jurisdiction, to apply to Equality, Defence and Women’s Rights will have the Court of Appeal for an order quashing a per- an opportunity to consider the Bill in detail dur- son’s acquittal and ordering a re-trial. The DPP ing the Committee Stage of its progress through may only consent to the making of the application the Da´il. Should the Joint Committee on Justice, if certain conditions are met, including that there Equality, Defence and Women’s Rights wish to is new and compelling evidence and that it is in consider the Scheme of the Bill in advance of that the public interest. process, it is open to that Committee to do so of I mentioned earlier that the system of pros- its own initiative. ecution appeals in this jurisdiction has been under I expect that publication of the Scheme will examination. In May 2002 the Law Reform Com- stimulate wide public debate on the shape of mission issued a Consultation Paper on the sub- immigration law and policies in the State and I ject of prosecution appeals. The Commission look forward to receiving comments and sugges- stated in that paper that it is strongly of the view tions for the legislation, from whatever source, that Irish law should move from a near token over the coming months. system of prosecution appeals to one in which prosecution appeals would represent a real and Juvenile Offenders. substantial element in the criminal process. It further sets out five possible options for reform 161. Mr. Sargent asked the Ta´naiste and Mini- ranging from a narrow without prejudice model ster for Justice, Equality and Law Reform the to a comprehensive with prejudice model. It is steps he has taken to date to end the practice of expected that the Commission will publish a final detaining children in adult jails in breach of the report detailing its recommendations later this UN Convention on the Rights of the Child; the year. action which has been taken to address reports of Having regard to the ongoing work of the mistreatment of children in custody; and if he will Commission I have taken the opportunity to make a statement on the matter. [30704/06] bring to the attention of the Commission the question of allowing for an appeal mechanism 191. Mr. Gilmore asked the Ta´naiste and Mini- whereby an acquittal may be set aside and a per- ster for Justice, Equality and Law Reform the son retried. I should point out that the introduc- action he intends to take to end the situation tion of such a provision in this jurisdiction would whereby children and teenagers are placed in constitute a fundamental change and requires adult prisons; if he will confirm that more than 1387 Questions— 3 October 2006. Written Answers 1388

[Mr. Gilmore.] age of 18 years from the older age groups. Plan- 170 such persons were placed in adult prisons in ning for commencement of the Children Act 2005; his views on whether this practice is in 2001, as amended, is being carried out through breach of a number of international treaties to the close co-operation of the Irish Youth Justice which Ireland is a party; and if he will make a Service in my Department and officials in the statement on the matter. [30611/06] Departments of Education and Science, and Health and Children. In addition the Govern- Ta´naiste and Minister for Justice, Equality and ment has agreed to the recruitment of a National Law Reform (Mr. McDowell): I propose to take Manager for Detention School Services for the Questions Nos. 161 and 191 together. Irish Youth Justice Service and I understand that The Irish Prison Service has responsibility for this appointment will be made shortly. A cross- 16 and 17 year old children who have been departmental group has been formed to plan for ordered to be detained by the Courts, the the development of detention places needed to majority of these are male and detained in St. implement the changes under the Children Act, Patrick’s Institution which accommodates 16 to as amended. The transfer of the schools which are 21 year olds. In addition, each of the prisons in currently within the remit of the Department of the State can accommodate persons aged 17 years Education and Science to the remit of the Irish and over and the Courts have discretion to com- Youth Justice Service will take place in 2007. mit 17 year olds directly to prison. This can often I am not aware of any mistreatment of 16 and happen at the request of the person’s legal team 17 year old children in custody in the prison in order for them to be located nearer to their system or of any reports of such mistreatment. I family home. can say that any such reports would be treated I am advised by the Director General of the with the utmost seriousness. If the Deputy has Irish Prison Service that their records indicate details of any alleged mistreatment, he should that there was a total of 276 persons aged under pass them to my Office and I will undertake to the age of 18 years committed to their custody have them investigated. Prisoners may make a during 2005, of which 214, or 78%, were commit- complaint about treatment in custody through a ted to St Patrick’s Institution. I understand that number of channels, including local prison man- on average last year there were, at any one time, agement, the Prison Visiting Committee, the approximately 60 male children and 1 female Inspector of Prisons, the Minister, and he or she child detained in facilities under the remit of the also has access to the Courts. They may also com- Irish Prison Service and that on 22 September plain to the European Court of Human Rights 2006 there were 50 male children being detained and to the European Committee for the Preven- in St. Patrick’s Institution and 10 male and 2 tion of Torture. In the cases where allegations of female children being detained in adult prisons. assault are made, the Garda Sı´ocha´na are called Following a review of the youth justice system to investigate. the Government agreed, in December 2005, a At a recent examination by the United Nations number of reforms including amendments to the on the Convention on the Rights of the Child, my Children Act 2001 and the establishment of the colleague, Mr. Brian Lenihan T.D., Minister for Irish Youth Justice Service. The Irish Youth Children, made clear the results to date of our Justice Service has been established as an execu- joint initiative to reform the youth justice sector, tive office of my Department and is to, inter alia, including measures to deal with the detention of manage detention services for young people young people in prisons. Minister Lenihan also under the age of 18 years. The legislative, oper- underlined this Government’s determination to ational and administrative changes will see the implement the changes I have described here. transfer of responsibility for the detention of young offenders under 18 years of age, ordered Garda Equipment. to be detained by the Courts, from the Depart- ment of Education and Science and the Irish 162. Mr. Howlin asked the Ta´naiste and Mini- Prison Service to the Irish Youth Justice Service ster for Justice, Equality and Law Reform the in my Department. The net effect of these number of Garda stations equipped for the video reforms to the detention services will be to end recording of interviews with suspects; the per- the practice of using adult prison places for the centage of all stations this represents; the number detention of children and to extend the children of Garda stations with detention facilities that are detention school model to all offenders under the so equipped; if there are plans to equip further age of 18 years. Garda stations; and if he will make a statement The development and construction of children on the matter. [30607/06] detention school places which can accommodate 16 and 17 year old children with the requisite Ta´naiste and Minister for Justice, Equality and facilities to provide care and education will take Law Reform (Mr. McDowell): The Garda auth- some time to complete. In the interim, work is orities advise me that 131 Garda stations have well underway in St. Patrick’s Institution for the audio/video-recording interview equipment out separation of the majority of children under the of a total of 703 Garda stations. 1389 Questions— 3 October 2006. Written Answers 1390

It was never the intention that all Garda addition, new Visiting Card arrangements are in stations would be equipped to carry out place in almost all closed prisons whereby only audio/video recording of interviews. Indeed, most persons who have been pre-approved by the Gov- Garda stations are not used for detention and ernor are permitted to visit. Telephone calls in interviews. Rather the intention was that a closed prisons are monitored by prison officers sufficient number of interview rooms in Garda and incoming and outgoing mail is subject to stations across the country be equipped to examination by a prison censor. In addition, there provide a broad nationwide coverage. is regular contact between the Prison Service and Where a Garda station is not equipped with an An Garda Sı´ocha´na to discuss security issues and audio/video system, a person to be interviewed in I can assure the Deputy that Gardaı´ would be accordance with the Regulations will be taken to contacted where any suspected criminal offence the nearest Garda station with such equipment. has taken place. In this context, the Garda authorities have One of the major challenges in prisons today advised me that, in June 2005, a Garda survey lies in preventing access to contraband items, pri- indicated that 98.1% of interviews as specified in marily mobile phones and drugs, which for the Regulations were being recorded. Interviews obvious reasons, are viewed as highly valuable are not recorded mainly because either the commodities which could assist in illegal activity arrested person declines to have the interview from the prisoner cells. Efforts are made on a recorded or the equipment is already in use or is continuous basis to prevent the flow of such con- otherwise unavailable. traband into our prisons, by for example, the With regard to future and additional require- installation of nets over exercise yards, vigilant ments I am advised that the Garda Com- observation of prisoners by staff, upgraded missioner, in consultation with my Department, is CCTV monitoring, the use of screened visits and finalising proposals for the provision of additional the use of daily prisoner and cell searches. In audio/video systems. addition, the Prison Service are currently examin- ing technological options for dealing with the use Prison Accommodation. of mobile phones within prisons. Random searches of cells and their occupants 163. Mr. Durkan asked the Ta´naiste and Mini- and searching of correspondence and other items ster for Justice, Equality and Law Reform if he have all intercepted significant quantities of con- intends to take action to address the serious issue traband in recent years. When a person is admit- of overcrowding in prisons, the activities of crime ted to prison custody, he or she is searched and bosses running their empires from within the prohibited items and money are taken. Similarly, prison system and the use of early release as com- searching takes place of prisoners returning from pensation for lack of adequate prison space; and court, temporary release or visits. Searches of if he will make a statement on the matter. prisoners also take place where their behaviour [30700/06] or information received raises suspicions that they may be in possession of contraband. The Ta´naiste and Minister for Justice, Equality and new prison estates at Thornton Hall and Spike Law Reform (Mr. McDowell): The total number Island will also make it harder for contraband to of prisoners in custody on 28 September, 2006 enter the prison over the perimeter walls by was 3,158 compared to a bed capacity of 3,383. means of locating recreation yards away from This represents an occupancy level of 93%. There perimeter walls. is no overcrowding crisis or immediate issue relat- ing to the capacity of the prison system. There is consequently no need for the widespread use of Immigration Policy. early release simply to ease overcrowding levels. 164. Mr. Boyle asked the Ta´naiste and Minister This is in stark contrast to the situation which for Justice, Equality and Law Reform the reason prevailed in the mid-1990s where the scandal of he has failed to provide for the victims of human the “revolving door” was at its height. However, trafficking in the forthcoming Immigration, Resi- we are close to our prison capacity limit and there dence and Protection Bill 2006; and if he will is a need to upgrade and increase our prison make a statement on the matter. [30710/06] stock. The Thornton and Spike Island devel- opments are addressing those matters. Ta´naiste and Minister for Justice, Equality and I am aware of allegations to the effect that pris- Law Reform (Mr. McDowell): The Scheme of the oners are running criminal syndicates from inside Immigration Residence and Protection Bill, prison cells. I can assure the Deputy that I am which I published recently, makes provision for a committed to implementing all appropriate new and integrated framework for the effective measures within the law to prevent such activity management of migration to the State. An integ- and to ensure that the contact that prisoners have ral part of that framework will be the ability to with the outside world is properly controlled make and publish statements of the Govern- and monitored. ment’s immigration policy in relation to any Prisoner visits in all closed prisons are carefully aspect of immigration including, where necessary, controlled and held in sight of prison officers. In victims of human trafficking. In the context of the 1391 Questions— 3 October 2006. Written Answers 1392

[Mr. McDowell.] to its fullest extent. Operations are reviewed on proposed legislation, it will be possible for a suit- an ongoing basis to ensure their effectiveness. able immigration policy statement to address all The Deputy will be aware that I have appointed of the issues concerning the treatment of victims Mr Michael Mellett to conduct an independent of human trafficking in an appropriate manner. inquiry into the circumstances surrounding the death in Mountjoy and to make appropriate Crime Levels. recommendations. I await his report. 165. Ms McManus asked the Ta´naiste and Minister for Justice, Equality and Law Reform Garda Traffic Corps. the number of murders in which firearms were 166. Ms O. Mitchell asked the Ta´naiste and used since the beginning of 2006; his views on the Minister for Justice, Equality and Law Reform continuing level of gun murders, many of which his views on making the traffic corps a dedicated are gang-related; the steps he is taking to deal force whose duties are strictly in relation to traffic with this situation; and if he will make a state- law enforcement; if so, when same will happen; ment on the matter. [30614/06] and if he will make a statement on the matter. [30594/06] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by Ta´naiste and Minister for Justice, Equality and the Garda authorities that there have been 16 Law Reform (Mr. McDowell): The Deputy will murders with firearms since the beginning of this be aware that I announced the establishment year to 30 September. within the Garda Sı´ocha´na of the Traffic Corps All killings regardless of the circumstances on 23 November, 2004. A Strategic Review of involved are the subject of a rigorous investi- Traffic Policing was also published on that date. gation by the Garda authorities. I am informed In line with the recommendations contained in that Garda management analyses available intel- that review an Assistant Commissioner Traffic ligence and selects targets involved in serious was appointed on 22 February 2005. criminal activity, particularly gun-related crime. The Assistant Commissioner in charge of Intelligence-led operations against targets are Traffic has been tasked with implementing the used by Garda management to combat this type recommendations contained in the Strategic of criminal activity on an ongoing basis. This Review of Traffic Policing which will see 1,200 involves the strategic deployment of both local personnel attached to the Traffic Corps by 2008. and specialised Garda operation units to counter This increase of personnel is taking place on a such activities. phased basis as the strength of An Garda Sı´och- Operation Anvil has proved to be very success- a´na increases to 14,000. At the start of 2006, the ful in disrupting the criminal activities of a total dedicated strength of the Garda Traffic number of key criminal gangs. It has resulted in Corps stood at 520 all ranks. The current strength a number of high-profile arrests and the acquis- stands at 740, with an additional 60 members to ition of intelligence on the movements of crimi- be allocated during the remainder of 2006. These nals. Notable improvements have been achieved allocations will continue until the target strength in recorded crime in the target crime areas under of 1,200 is achieved. the operation. An example of a recent success is I am informed that Garda Traffic Corps per- the operation carried out in the Moyross area last sonnel are allocated to each Garda Division and week, in which four arrests were made and four are engaged in achieving the strategic objectives firearms (two rifles and two sawn off shotguns) contained in the Strategic Review of Traffic and a quantity of ammunition were seized. Policing which will contribute to reducing road In addition to the introduction of Operation fatalities and casualties, improve traffic flow, Anvil, the Commissioner in November 2005 aug- enforce road traffic legislation effectively and mented the Organised Crime Unit at the National consistently as well as enforcing road transport Bureau of Criminal Investigation with an and haulage legislation effectively and consist- additional 55 Garda members to address the ently using available technologies. The Traffic problem of criminal gang activity. Enforcement Corps are also engaged in providing appropriate by the Unit has resulted in further firearms being policing support and response to the National seized and a number of persons arrested, thereby Development Plan provisions relating to traffic disrupting their criminal activities. and transport, providing a systematic and struc- New mandatory sentences of up to 10 years for tured road traffic collision service and providing possession of firearms with intent to endanger life accurate timely and sufficiently detailed infor- and other related offences are contained in the mation to key stakeholders. Criminal Justice Act, 2006 and are due to be com- While the members of the Garda Sı´ocha´na menced with effect from the beginning of assigned to the Traffic Corps are specifically dedi- November this year. cated to traffic duties, they remain police officers This integrated approach adopts best practice will full powers and as such retain the general in implementing a co-ordinated use of Garda responsibility for preventing and detecting crime resources and using available criminal legislation which all members of An Garda Sı´ocha´na have. 1393 Questions— 3 October 2006. Written Answers 1394

Similarly members of the Garda Sı´ocha´na not pose of the committees is to provide a forum members of the Traffic Corps have the responsi- where a local authority and the senior Garda bility, inter alia, to deal with traffic duties when officers responsible for the policing of that area, breaches of road traffic law occur. Gardaı´ spend with the participation of Oireachtas members and two years training at the Garda College. The community interests, can consult, discuss and focus of such training is on all areas of policing. make recommendations on matters affecting the Garda management will not allow a situation to policing of the area. arise where the establishment of the Traffic In view of the innovative nature of the commit- Corps would lead to the Gardaı´ who are members tees and the number which will be established, I of it having no regard to other policing duties decided, following consultation with my col- regardless of seriousness if and when they arise leagues the Minister for the Environment, Heri- in the course of carrying out their duty, and simi- tage and Local Government and the Minister for larly Gardaı´ who are not members not having Community, Rural and Gaeltacht Affairs, to pilot regard to traffic policing duties. the committees in 22 local authority areas for a The allocation of Garda resources, including limited period. personnel, is the responsibility of the Garda Com- I issued the guidelines for these pilot commit- missioner. Of particular relevance in the context tees in June 2006. I was anxious to strike in the of the latest reports of the Tribunal are the new guidelines the right balance between inclus- draft discipline regulations which have been drawn up. These are based on well-established iveness and effectiveness in the size and compo- principles in the private and public sector and are sition of the committees. With regard to member- significantly more streamlined than the system ship of the committees by local authority which is currently in existence. The next step is members, the guidelines provide either for all for them to undergo consideration by the Garda local authority members to be members of a com- representative bodies. Also, arising from the most mittee or for representation of each political recent reports, on my instructions regulations for grouping on the local authority, depending on the a Whistleblower’s charter within An Garda size of the local authority. Because of the size of Sı´ocha´na have been drawn up and are being its population, the Dublin City Council area has finalised in consultation with the Commissioner, in addition to an overall committee five sub-com- the Ombudsman Commission and Garda Inspec- mittees, corresponding to the Council’s five oper- torate, as provided for in Garda Sı´ocha´na Act ational areas. The guidelines provide for mem- 2005. bership by all the local authority members for the Change in our national policing service is being appropriate area on the relevant subcommittee. pursued in a vigorous but sensible manner — I With regard to the overall committee, they am conscious of the fundamental importance of provide that each political grouping represented getting it right. I intend to do so. on the Council be represented to the greatest extent possible. Community Policing. The Oireachtas members represented on a committee are chosen from among their number 167. Aengus O´ Snodaigh asked the Ta´naiste and Minister for Justice, Equality and Law by those members of the Oireachtas who have Reform if it was his intention when drafting the registered their interest in being a member of that guidelines for the pilot Joint Policing Committees committee. If the members of the Oireachtas are to promote an inclusive membership representa- unable to choose members, they are chosen by tive of the local areas and his views on amending lot. the guidelines prior to the extension of the pilot The pilot phase will end in mid-2007, after to guarantee that representation in the member- which there will be a time-limited review of the ship of JPCs includes all political parties with rep- guidelines in the light of the experience of the resentation in the local area. [30694/06] pilot committees. As part of that review, the pro- visions regarding the composition of the commit- 184. Mr. Ferris asked the Minister for Justice, tees will be considered. Following the review, the Equality and Law Reform his views on amending guidelines will be amended as necessary and new the guidelines governing the pilot Joint Policing guidelines issued for a full rollout of the Committees prior to the extension of the pilot to committees. guarantee that representation in the membership of JPCs including all political parties with rep- Prison Death Inquiry. resentation in the local area. [30695/06] 168. Ms Burton asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform if he Law Reform (Mr. McDowell): I propose to take has received the report of Mr. Michael Mellet Questions Nos. 167 and 184 together. into the death of a person (details supplied) on 1 The Garda Sı´ocha´na Act 2005 provides for the August 2006; the main findings of the report; and establishment of a joint policing committee in if he will make a statement on the matter. each local authority administrative area. The pur- [30609/06] 1395 Questions— 3 October 2006. Written Answers 1396

Ta´naiste and Minister for Justice, Equality and September following the attestation of 249 new Law Reform (Mr. McDowell): As the Deputy is members. This compares with a total strength of no doubt aware, I have appointed Mr Michael 10,702 (all ranks) as at 30 June, 1997 and rep- Mellett to carry out an independent inquiry into resents an increase of 2,060 (or 19%) in the per- the circumstances surrounding the tragic death of sonnel strength of the Force during that period. Mr Gary Douch while in custody in Mountjoy The Garda Budget now stands at \1.3 billion, a Prison and in particular: 13% increase on 2005 and an 85% increase since • to establish what action was taken by the 1997 in real terms. Irish Prison Service, management and staff The personnel strength of the Limerick div- to safeguard Mr Douch; ision as at the 31st of December, 2002 was 460 Gardaı´ (all ranks). The personnel strength of the • to clarify whether Mr Douch had expressed Limerick Division as at the 27th September, 2006 special concerns about his safety; was 512 Gardaı´ (all ranks). This represents an • to establish what procedures were followed increase of 52 Gardaı´ (or 11.3%) in the number and their adequacy; of personnel allocated to the Limerick Division since the 31st of December 2002. • to establish the procedures used to allocate The Moyross area of Limerick is policed by prisoners to the cell in which Mr Douch Gardaı´ attached to Mayorstone Park Garda died; Station. The personnel strength (all ranks) of • to establish the level of monitoring during Mayorstone Garda Station as at 31 December, the night of 31 July/1 August 2006; 2002 and 27 September, 2006 was 41 and 49, • and to make any observations and recom- respectively. This includes one (1) Sergeant and mendations he sees fit. I intend that the three (3) Gardaı´ allocated to Mayorstone Garda report by Mr Mellett will be published in Station on the 21st September, 2006. This rep- due course, with the exception of any parts resents an increase of 8 (or 19.5%) during that which could be deemed prejudicial to period. An additional one (1) Garda is due to be potential criminal proceedings. allocated to Mayorstone Park Garda Station with effect from the 10th October, 2006. and to make any observations and recom- Local Garda Management report that the mendations he sees fit. I intend that the report by issues surrounding the provision of policing Mr Mellett will be published in due course, with resources to the Moyross area have been given the exception of any parts which could be deemed prejudicial to potential criminal proceedings. priority attention by Garda Management in I have not received Mr Mellett’s report as yet. Limerick over the past several years. The policing Mr Mellett has, however, already made a valu- plan in place for the Moyross area of Limerick able interim recommendation that where a pris- City is most comprehensive and this has been the oner seeks special protection alleging a threat situation for some time to allow Garda manage- from another prisoner, and the prison authorities ment monitor criminal activity. Additional accept that there may be some substance to the resources have been provided to the Moyross allegation, the prisoner should be removed to a area as occasions have demanded from time to single occupancy cell or room for at least 24 time and Garda personnel have dealt profession- hours, while the case is assessed. This recom- ally with all of the incidents that have arisen in mendation has been accepted by me and was this general area. implemented immediately by the prison I am further informed that apart from routine authorities. patrols conducted by uniformed and plain-clothes units based at Mayorstone Garda Station, a Garda Deployment. number of additional patrolling initiatives are in place to deal with the unique policing situation 169. Ms O’Sullivan asked the Ta´naiste and in Moyross. A dedicated uniform mobile patrol, Minister for Justice, Equality and Law Reform consisting of 1 Sergeant and 2 Gardaı´, perform a the plans he has to increase the allocation of specific night-time patrol of the Moyross area. gardaı´ to the Limerick area in general and partic- ularly to areas such as Moyross that have suffered Garda management state that Community particular problems of crime and vandalism; and policing is an important element of the policing if he will make a statement on the matter. strategy in Moyross. A vehicle is allocated to the [30617/06] Unit which is utilised, full-time, in the Moyross area. A well established and active Youth Diver- Ta´naiste and Minister for Justice, Equality and sion Project is also in place, for many years, in Law Reform (Mr. McDowell): I have been the Moyross area. informed by the Garda authorities, who are Garda management further state that there is responsible for the detailed allocation of well established and ongoing liaison between An resources, including personnel, that the personnel Garda Sı´ocha´na and the other leading agencies in strength (all ranks) of An Garda Sı´ocha´na Limerick City who provide services for the Moy- increased to a record 12,762 on Friday 8 ross area. 1397 Questions— 3 October 2006. Written Answers 1398

I should add that the current recruitment drive able criminal history vetting in respect of all pro- to increase the strength of the Garda Sı´ocha´na to spective employees of children’s residential 14,000 members, in line with the commitment in centres. the Agreed Programme for Government, is fully In keeping with sound administrative practice, on target. This will lead to a combined strength, all vetting applications are processed centrally of both attested Gardaı´ and recruits in training, through the HSE for onward transmission to the of 14,000 by the end of this year. The first three GCVU, rather than at a myriad of local levels. groups of newly attested Gardaı´ under this accel- In recent months, new liaison mechanisms with erated recruitment programme came on stream in the GCVU have been successfully implemented March, June and September of this year and the within the HSE. These include, most notably, the fourth such group will become fully attested centralisation of the HSE’s vetting operations, members of the Force later this year. Further which allows for the development and concen- tranches of approximately 275 newly attested tration of expertise in the checking and counter- Gardaı´ will follow every 90 days thereafter until signing of vetting application forms within the the programme is complete. The Garda Com- HSE. missioner will now be drawing up plans on how In 2006, the average turnaround time for pro- best to distribute and manage these additional cessing valid vetting requests received by the resources, and in this context the needs of Moy- GCVU has been approximately 4 to 5 weeks. ross will be given the fullest consideration. This represents a marked reduction in processing times over recent years. By way of comparison, Garda Vetting Services. in 2004 and 2005, the average processing period for valid vetting requests was approximately 6 to 170. Mr. Crowe asked the Ta´naiste and Mini- 8 weeks. All client organisations of the GCVU ster for Justice, Equality and Law Reform if his are advised of the current processing time frame attention has been drawn to the difficulties and and have been further advised to allow for it in delays experienced by children’s residential their recruitment and selection processes. centres when seeking Garda vetting of staff from In order to facilitate the major, ongoing expan- the Central Vetting Unit; and the steps he will sion in the availability of Garda vetting to a range take to ensure that the unit will have resources of other employment sectors involving the care made available to it in order that it can conduct of children and vulnerable adults, staffing of the vetting of all adults working with substantial GCVU has already more than doubled in the past access to children, in particular the staff of chil- year, i.e., from 13 to 30 staff members. Existing dren’s residential centres, as a matter of staffing levels are adequate to meet existing urgency. [30698/06] demand, but they will be subject to continuing review as expansion proceeds. 241. Mr. Bruton asked the Ta´naiste and Mini- The child protection vetting process involves ster for Justice, Equality and Law Reform if his the disclosure by the GCVU of criminal history attention has been drawn to the fact that youth information, not so-called soft information such organisations are having to operate a vetting of as ’Garda intelligence’, to the recruiting organis- job applicants via Garda intelligence, but there is ation, upon receipt of a written application which as yet no statutory basis for same; and his views necessarily includes the written consent of the on whether the organisations doing so are indem- person to be vetted to the disclosure. The dis- nified against claims by aggrieved applicants. closed information should constitute only one [30859/06] factor in the recruitment decision, which at all times remains the responsibility of the recruiting 246. Mr. McEntee asked the Ta´naiste and organisation rather than the Garda Sı´ocha´na. Minister for Justice, Equality and Law Reform Disclosure by the Garda Sı´ocha´na is based on the average period of time it is taking for vetting common law principles and is performed in potential employees in certain areas of activity accordance with the legal advices of the Attorney including children’s residential centres by the General. Recruiting decisions made by recruiting Garda Central Vetting Unit in 2004, 2005 and in organisations, which, in part, may be based on the first six months of 2006; his views on whether disclosed criminal history information, are and An Garda Sı´ocha´na has adequate staff resources will continue to be properly subject to existing to undertake the role; and if he will make a state- employment and other law. Accordingly, the ment on the matter. [30882/06] issue of indemnification does not arise. Ta´naiste and Minister for Justice, Equality and Banking Sector Security. Law Reform (Mr. McDowell): I propose to take Questions Nos. 170, 241 and 246 together. 171. Mr. Penrose asked the Ta´naiste and Mini- As a means of promoting the safety and secur- ster for Justice, Equality and Law Reform the ity of vulnerable client groups, the Garda Central contacts or discussions he has had with the banks Vetting Unit (GCVU), in liaison with the Health or financial institutions to deal with the situation Service Executive (HSE), formerly the Health whereby staff members or their families are taken Boards, has made and continues to make avail- hostage in order to facilitate robberies; if there 1399 Questions— 3 October 2006. Written Answers 1400

[Mr. Penrose.] number of cases reported to the Gardaı´ do not are agreed procedures between the banks and the reach prosecution stage for a variety of reasons. Gardaı´ as to the way in which such situations are My Department has approved joint funding for dealt with; and if he will make a statement on the comprehensive research into attrition rates in matter. [30621/06] rape cases. The research, which is entitled “the Understanding of Attrition, Early Withdrawal, Ta´naiste and Minister for Justice, Equality and the Trial Process and Identifying Possible Law Reform (Mr. McDowell): The recent inci- Changes to Support Complainants in Rape dent in which a bank worker and her family were Cases”, is being carried out by the Department of held captive and forced to assist in the robbery of Law at the National University of Ireland, a bank in Coolock is the second such incident in Galway and the Rape Crisis Network Ireland, recent months and this is clearly a cause for con- over three years and is expected to be completed cern. In my meetings with representatives of the in 2007/2008. This research should provide a banking and security industries this year I have greater understanding as to why some victims made it clear that I expect the highest security choose not to report cases to the Gardaı´, what standards to be adhered to by their members. can be done about under reporting and why, of In terms of operational standards and pro- the cases that are reported, only a relatively small cedures, members of An Garda Sı´ocha´na meet percentage result in a court hearing. regularly with representatives of the financial There are indications that the situation with institutions to discuss security issues. These meet- regard to the listing of cases for trial in the Cen- ings take place through the forum of the Irish tral Criminal Court has improved. In 2002, the Bankers Federation. For reasons of security An waiting time between return for trial and trial was Garda Sı´ocha´na does not disclose details of 18 months. By comparison, cases listed in March, these contacts. 2006 were scheduled for trial to start on dates in October and November, 2006, that is in 7-8 Sexual Offences. months. These improvements can be attributed to the decision of the President of the High Court 172. Ms Lynch asked the Ta´naiste and Minister to assign four judges to the Central Criminal for Justice, Equality and Law Reform if his atten- Court on an ongoing basis and to the very active tion has been drawn to the concerns expressed by management of the court list. Already the the Dublin Rape Crisis Centre regarding the low Ombudsman Commission and the Garda Sı´och- level of conviction for sexual offences and the a´na Inspectorate have been appointed — the statistics they quoted suggesting that of the 95 composition of both these bodies is indicative of cases the centre had reported to the Gardaı´ only the level of importance which the Government five had resulted in trials; the steps he will take attaches to them. Staff from my Department have to address this situation; and if he will make a been assigned to each and are currently engaged statement on the matter. [30635/06] in putting the necessary infrastructure in place. I understand that the Commission is working Ta´naiste and Minister for Justice, Equality and towards being in a position to receive complaints Law Reform (Mr. McDowell): The Government as soon as possible in 2007. places a high priority on putting in place New Promotion Regulations came into effect measures aimed at tackling crimes of rape, sexual on 22 September. Those regulations will bring assault and other crimes of a sexual nature. about significant modernisation of the system for The provisional headline crime statistics for the promotion within the Garda Sı´ocha´na. They for- second quarter of 2006 show sexual offences gen- malise the requirement for promotion to be based erally decreased by 28% for the quarter com- on merit and for all competitions to be held in a pared to the second quarter of 2005 and 10% for manner which is: the twelve months up to 30 June compared to the same period for 2005. (a) fair, impartial and objective, All sexual offence cases are the subject of rig- (b) in line with best practice, orous investigation by the Gardaı´. All available resources are employed in respect of all sex (c) consistent throughout, and offence cases to bring these investigations to a (d) open, accountable and transparent. successful conclusion. Investigation files are for- warded to the Law Officers for a decision as to These principles, combined with the introduction what charges are to be preferred. An Garda of additional external expertise in selecting candi- Sı´ocha´na actively encourages people who are the dates for promotion within the Garda Sı´ocha´na, victims of any crime to report the offence to the will result in a system which reflects current best Gardaı´. In addition, a number of established practice. initiatives underpin this policy, such as the Garda In the wake of the recent reports, and with the confidential telephone number, Crimestoppers agreement of the Commissioner, I have and Crimecall. appointed a four person civilian expert group, I am concerned that there is a high attrition chaired by Senator Maurice Hayes, to advise him rate in rape cases in Ireland and that a large on the development of management and leader- 1401 Questions— 3 October 2006. Written Answers 1402 ship skills for senior officers, the promotion of a involves the strategic deployment of both local culture of performance management and and specialised Garda operation units to counter accountability, the development of human such activities. resource management and succession planning Operation Anvil has proved to be very success- and the development of specialist skills and ful in disrupting the criminal activities of a enhanced training for members and staff of An number of key criminal gangs. It has resulted in Garda Sı´ocha´na. a number of high-profile arrests and the acquis- Of particular relevance in the context of the ition of intelligence on the movements of crimi- latest reports of the Tribunal are the new draft nals. Notable improvements have been achieved discipline regulations which have been drawn up. in recorded crime in the target crime areas under These are based on well-established principles in the operation. the private and public sector and are significantly In addition to the introduction of Operation more streamlined than the system which is cur- Anvil, the Commissioner in November 2005 aug- rently in existence. The next step is for them to mented the Organised Crime Unit at the National undergo consideration by the Garda representa- Bureau of Criminal Investigation with an tive bodies. Also, arising from the most recent additional 55 Garda members to address the reports, on my instructions regulations for a problem of criminal gang activity. Enforcement Whistleblower’s charter within An Garda Sı´och- by the Unit has resulted in further firearms being a´na have been drawn up and are being finalised seized and a number of persons arrested, thereby in consultation with the Commissioner, the disrupting their criminal activities. Ombudsman Commission and Garda Inspector- This integrated approach adopts best practice ate, as provided for in Garda Sı´ocha´na Act 2005. in implementing a co-ordinated use of Garda Change in our national policing service is being resources and using available criminal legislation pursued in a vigorous but sensible manner — I to its fullest extent. Operations are reviewed on am conscious of the fundamental importance of getting it right. I intend to do so. a ongoing basis to ensure their effectiveness. Local Garda management are satisfied that current resources available are sufficient, with Crime Levels. local units being supplemented by personnel from 173. Mr. Durkan asked the Ta´naiste and Mini- the National Bureau of Criminal Investigation, ster for Justice, Equality and Law Reform the the Organised Crime Unit, the Emergency action he proposes to take to put an end to the Response Unit and the Special Detective Unit. activities of criminal gangs and gang warfare, In addition I have been informed by the Garda drive by shootings, racketeering, protection, inti- authorities, who are responsible for the detailed mation and intimation of witnesses, and such reg- allocation of resources, including personnel, that ular activities culminating in a reign of terror the personnel strength (all ranks) of An Garda whereby people have become unsafe on the Sı´ocha´na increased to a record 12,762 on Friday streets, in their homes or workplaces and even in 8 September following the attestation of 249 new prison; and if he will make a statement on the members. This compares with a total strength of matter. [30701/06] 10,702 (all ranks) as at 30 June, 1997 and rep- resents an increase of 2,060 (or 19%) in the per- 197. Mr. J. O’Keeffe asked the Ta´naiste and sonnel strength of the Force during that period. Minister for Justice, Equality and Law Reform The Garda Budget now stands at \1.3 billion, a his views on the recent spate of gun crimes and 13% increase on 2005 and an 85% increase since other serious crimes; and the immediate pro- 1997 in real terms. posals he has to deal with same. [30679/06] I should add that the current recruitment drive to increase the strength of the Garda Sı´ocha´na to 200. Mr. Broughan asked the Ta´naiste and Minister for Justice, Equality and Law Reform 14,000 members, in line with the commitment in the action being taken to deal with the spate of the Agreed Programme for Government, is fully gun murders over recent months on the north on target. This will lead to a combined strength, side of Dublin; and if he will make a statement of both attested Gardaı´ and recruits in training, on the matter. [30616/06] of 14,000 by the end of this year. The first three groups of newly attested Gardaı´ under this accel- Ta´naiste and Minister for Justice, Equality and erated recruitment programme came on stream in Law Reform (Mr. McDowell): I propose to take March, June and September of this year and the Questions Nos. 173, 197 and 200 together. fourth such group will become fully attested I am informed by the Garda authorities that members of the Force later this year. Further Garda management analyses available intelli- tranches of approximately 275 newly attested gence and selects targets involved in serious Gardaı´ will follow every 90 days thereafter until criminal activity, particularly gun-related crime. the programme is complete. The Garda Com- Intelligence-led operations against targets are missioner will now be drawing up plans on how used by Garda management to combat this type best to distribute and manage these additional of criminal activity on an ongoing basis. This resources. 1403 Questions— 3 October 2006. Written Answers 1404

Departmental Documents. Garda Sı´ocha´na Act 2005, the Criminal Justice 174. Mr. Morgan asked the Ta´naiste and Mini- Act 2006 substantially reforms the law in relation ster for Justice, Equality and Law Reform the to legally and illegally held firearms. These amount the document New Dublin Prison Com- include amongst other things measures relating to plex The Right Decision, Your Questions suitability to possess firearms, secure accom- Answered cost to produce and distribute; how modation for firearms, and mandatory sentences widely it was distributed; and the means by which for certain firearms offences. the document was disseminated. [30699/06] With regard to ‘less lethal’ weapons, following the tragedy in Abbeylara the Garda Com- Ta´naiste and Minister for Justice, Equality and missioner appointed a Working Group to con- Law Reform (Mr. McDowell): The total cost to sider their use. The report of this Group was con- design and produce the document was \16,134.14, sidered by Government in November 2002 and inclusive of VAT. authorisation was granted for the introduction of Copies of the document, were distributed to all three types of ‘less lethal’ weapons for use by the members of the Oireachtas, each County Council Garda ERU where appropriate, namely bean bag Member in Dublin County Council, Fingal shot, pepper spray device and ferret pepper spray County Council and Meath County Council and shot. The Emergency Response Unit has since other interested parties. been equipped with these devices and fully trained in their use. Tribunals of Inquiry. An Garda Sı´ocha´na also commenced a review in relation to response to critical incidents in 175. Mr. Howlin asked the Ta´naiste and Mini- 2003. Following this review, a Manual of Guid- ster for Justice, Equality and Law Reform his ance for On Scene Commanders, outlining policy response to the report of the Barr Tribunal into and procedures for dealing with critical incidents, the shooting dead of a person (details supplied); was approved in May 2005. To date twenty-nine the action he has taken or intends to take arising officers of Superintendent and Inspector rank from the report; and if he will make a statement have completed the On Scene Command training. on the matter. [30604/06] In addition, as part of its Critical Incident Response Programme, discussions are continuing 183. Mr. Eamon Ryan asked the Ta´naiste and between An Garda Sı´ocha´na and the Health Minister for Justice, Equality and Law Reform Service Executive on the provision of specialist the advances made to date to implement the medical assistance at critical incidents in the form recommendations contained in the report of the of psychological experts. Barr Tribunal, in particular the recommendations Moreover, the Garda Commissioner has that the Emergency Response Unit be equipped assured me that An Garda Sı´ocha´na are examin- with stun guns and other non-lethal options and ing Mr Justice Barr’s report carefully and com- that improvements in Garda training in the con- prehensively with a view to addressing the issues text of siege situations be implemented without which arise. delay; and if he will make a statement on the matter. [30707/06] Probation and Welfare Service. Ta´naiste and Minister for Justice, Equality and 176. Mr. Costello asked the Ta´naiste and Mini- Law Reform (Mr. McDowell): I propose to take ster for Justice, Equality and Law Reform his Questions Nos. 175 and 183 together. proposals for changes to the Probation Service; As I stated at the time of the Barr Report’s when same will come into operation; the publication, it is important that we learn whatever additional resources which will be provided for lessons we can from the tragic death of John the service; and if he will make a statement on Carthy. In this regard, and in accordance with the the matter. [30633/06] Garda Sı´ocha´na Act 2005, I have forwarded a copy of the Report to the Chief Inspector of the Ta´naiste and Minister for Justice, Equality and Garda Inspectorate, Ms Kathleen O’Toole. In the Law Reform (Mr. McDowell): I have agreed a light of the Report’s findings I have asked her to restructuring of the Probation Service. review Garda procedures and practices for deal- Following an open competition a new Director ing with incidents of the nature that arose in was appointed in September, 2005. To support Abbeylara. In addition, under the provisions of the Director and strengthen the management of the Garda Sı´ocha´na Act 2005, all fatal shooting the Service a new senior management structure incidents involving the Gardaı´ will automatically for the Service has now been put in place com- be referred to the new Garda Ombudsman prising three Deputy Directors and 2 Assistant Commission. Deputy Directors. Further work is ongoing to However, the improvements that have already enhance the IT and financial expertise available been made, both in terms of legislation and those to the Service. initiatives already adopted by the Garda Com- The Probation Service Strategy Statement and missioner, should not be overlooked. Legislat- Work Plan of Strategic Actions 2006 — 2007, ively, in addition to the new provisions of the which set-out the strategic goals of the Service for 1405 Questions— 3 October 2006. Written Answers 1406 the period, was launched by me on the 26 June, New Promotion Regulations came into effect 2006. This launch was also used to rebrand the on 22 September. Those regulations will bring Service. about significant modernisation of the system for The Service has received increased resources promotion within the Garda Sı´ocha´na. They for- including 30 additional staff as well extra financial malise the requirement for promotion to be based resources. I am exploring what further additional on merit and for all competitions to be held in a resources can be made available. manner which is: (a) fair, impartial and objective, Tribunals of Inquiry. (b) in line with best practice, 177. Mr. Gormley asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the (c) consistent throughout, and measures taken by his Department and the Garda (d) open, accountable and transparent. Commissioner in view of the third, fourth and fifth reports of the Morris Tribunal; and if he will These principles, combined with the introduction make a statement on the matter. [30706/06] of additional external expertise in selecting candi- dates for promotion within the Garda Sı´ocha´na, 207. Mr. Howlin asked the Ta´naiste and Mini- will result in a system which reflects current best ster for Justice, Equality and Law Reform his practice. response to the three most recent reports from In the wake of the recent reports, and with the Mr. Justice Morris; the action he has taken or agreement of the Commissioner, I have intends to take arising from the reports; and if he appointed a four person civilian expert group, will make a statement on the matter. [30830/06] chaired by Senator Maurice Hayes, to advise him on the development of management and leader- Ta´naiste and Minister for Justice, Equality and ship skills for senior officers, the promotion of a Law Reform (Mr. McDowell): I propose to take culture of performance management and Questions Nos. 177 and 207 together. accountability, the development of human The publication of the third fourth and fifth resource management and succession planning reports of the Morris Tribunal underlined the and the development of specialist skills and absolute necessity for the Government to con- enhanced training for members and staff of An ´ ´ tinue to implement its radical reform programme Garda Sıochana. for An Garda Sı´ocha´na. This reform process had Of particular relevance in the context of the its origins in the publication of the Garda Sı´och- latest reports of the Tribunal are the new draft a´na Bill in 2003. Nothing in the latest Morris discipline regulations which have been drawn up. reports negate in any way the vigorous approach These are based on well-established principles in taken since then — in fact the reports emphasise the private and public sector and are significantly the need to redouble our efforts to ensure that more streamlined than the system which is cur- the ongoing process of change continues apace. rently in existence. The next step is for them to undergo consideration by the Garda representa- The Garda Sı´ocha´na Act 2005 represents a fun- tive bodies. Also, arising from the most recent damental restatement of the oversight and reports, on my instructions regulations for a accountability relationship which has existed Whistleblower’s charter within An Garda Sı´och- between my Department and the Gardaı´ since a´na have been drawn up and are being finalised 1922. It goes to the very core of policing — in consultation with the Commissioner, the recasting in statute form the formal relationship Ombudsman Commission and Garda Inspector- between the Executive, the Minister, the ´ ´ Oireachtas and An Garda Sı´ocha´na as well as the ate, as provided for in Garda Sıochana Act 2005. Force’s relationship with local Government. It Change in our national policing service is being imposes a clear statutory duty on every member pursued in a vigorous but sensible manner — I of the force, when required to do so by a member am conscious of the fundamental importance of of higher rank, to account for his or her action or getting it right. I intend to do so. inaction while on duty. Failure to do so is Question No. 178 answered with Question sufficient to ground disciplinary action which may No. 146. lead to dismissal. Already the Ombudsman Commission and the Garda Deployment. Garda Sı´ocha´na Inspectorate have been appointed — the composition of both these 179. Mr. Wall asked the Ta´naiste and Minister bodies is indicative of the level of importance for Justice, Equality and Law Reform the plans which the Government attaches to them. Staff he has to increase the number of juvenile liaison from my Department have been assigned to each officers in view of the proven success in dealing and are currently engaged in putting the neces- with juvenile offenders and the increasing burden sary infrastructure in place. I understand that the that is likely to be placed on them following the Commission is working towards being in a posi- enactment of the juvenile justice sections of the tion to receive complaints as soon as possible in Criminal Justice Bill; and if he will make a state- 2007. ment on the matter. [30620/06] 1407 Questions— 3 October 2006. Written Answers 1408

187. Mr. Gogarty asked the Ta´naiste and Mini- 10-18 year old “at risk” youths in communities ster for Justice, Equality and Law Reform the where a specific need has been identified. The number of juvenile liaison officers currently at allocation of funding for the 64 Garda Youth work here; if there are plans to increase their Diversion Projects (along with 7 Local Drug Task number during the current Da´il term, if he is Force Projects) in 2006 is just over \6.6 million, satisfied that these gardaı´ are adequately which is an increase of \1.2 million on 2005. resourced; and if he will make a statement on the It is my intention to ensure that 100 schemes matter. [30712/06] will be established nationwide before the end of 2007. Recently, I announced the establishment of Ta´naiste and Minister for Justice, Equality and ten new projects in the first phase of the expan- Law Reform (Mr. McDowell): I propose to take sion of the scheme, bringing the total number of Questions Nos. 179 and 187 together. projects to 74. The ten new projects are located in I have been informed by the Garda authorities, Blanchardstown, Birr, Carlow, Castlebar, Cavan, who are responsible for the detailed allocation of Clondalkin, Limerick, Tallaght and Tralee (two resources, including personnel, that at present, projects). The appointment of additional Juvenile there are 87 Garda Juvenile Liaison Officers and Liaison Officers for these projects is under con- 8 Juvenile Liaison Officer Sergeants working in sideration. various Divisions throughout the country. In I should add that the current recruitment drive addition to this, the National Juvenile Office has to increase the strength of the Garda Sı´ocha´na to a staff of 1 Superintendent, (the Director of 14,000 members, in line with the commitment in Diversion Programme), 1 Inspector and 2 the Agreed Programme for Government, is fully Sergeants. on target. This will lead to a combined strength, JLOs are responsible for implementing the of both attested Gardaı´ and recruits in training, Garda Juvenile Diversion Programme, which of 14,000 by the end of this year. The first three provides an opportunity to divert juvenile groups of newly attested Gardaı´ under this accel- offenders from criminal activity. It operates on a erated recruitment programme came on stream in nationwide basis under the supervision and direc- March, June and September of this year and the tion of the Garda National Juvenile Office, Har- fourth such group will become fully attested court Square, Dublin 2. The Programme provides members of the Force later this year. Further that, in certain circumstances, a juvenile under 18 tranches of approximately 275 newly attested years of age, who freely accepts responsibility for Gardaı´ will follow every 90 days thereafter until a criminal incident, may be cautioned as an alter- the programme is complete. The Garda Com- native to prosecution. missioner will now be drawing up plans on how The Children Act, 2001 provides a statutory best to distribute and manage these additional basis for the Juvenile Diversion Programme. The resources, and in this context the needs of the Programme came into operation on 1 May, 2002 Garda Juvenile Diversion Programme will be and now includes provision on restorative cau- given the fullest consideration. tioning and conferencing which form part of the comprehensive restorative elements of the Act. Prison Accommodation. The Programme has proven to be highly success- 180. Mr. Gormley asked the Ta´naiste and Mini- ful in diverting young people away from crime ster for Justice, Equality and Law Reform the by offering guidance and support to juveniles and measures taken to date by his Department and their families. In the more serious cases, juveniles the Irish Prison Service to ameliorate the are placed under the supervision of Garda Juven- unacceptable conditions and overcrowding at ile Liaison Officers, who are responsible for Mountjoy Prison which led to a number of violent administering the Programme at the local level. attacks during the summer 2006, culminating in The Criminal Justice Act 2006 provides for a the death of an inmate; and if he will make a change to the age of criminal responsibility and statement on the matter. [30705/06] for the introduction of behaviour orders for chil- dren. Officials of the Irish Youth Justice Service Ta´naiste and Minister for Justice, Equality and in my Department have begun consultations with Law Reform (Mr. McDowell): I am actively pur- the Garda authorities on the effect and resource suing the only viable long term remedy to the implications which these changes will have on the problems to which the Deputy refers, through work of the Juvenile Diversion Programme. constructing new prison facilities in Dublin and These provisions have not yet been commenced. Munster. I hope that I can have the support of In addition to the Juvenile Diversion Prog- the Deputy and his colleagues in this regard. The ramme, there are also 64 Garda Youth Diversion new facilities will, in addition, offer significant Projects nationwide. Garda Youth Diversion Pro- improvements in the areas of work training, edu- jects aim to bring about the conditions whereby cation and medical services as well as providing the behavioural patterns of young people towards predominantly single cell accommodation with in- law and order can develop and mature. These cell sanitation facilities. These are major under- projects cater for approximately 2,500 partici- takings involving replacement of close to 40% of pants per annum and are particularly targeted at the entire prison estate. They will take a number 1409 Questions— 3 October 2006. Written Answers 1410 of years to complete but it is my intention that who have access to the information; and if he will they will proceed as quickly as possible. make a statement on the matter. [30624/06] In the interim appropriate strategic measures are being taken. As the major committal prison Ta´naiste and Minister for Justice, Equality and in the State, Mountjoy was susceptible to short Law Reform (Mr. McDowell): The Sex Offenders term pressures on accommodation arising from Act, 2001 sets out the obligations on persons con- sudden influxes of prisoners sentenced by the victed of a range of sexual offences. A convicted Courts, sometimes late in the evening. sex offender must notify his/her name(s), date of With effect from 1 September 2006, I have des- birth and current home address to the Garda ignated Wheatfield Prison and the Midlands Sı´ocha´na within seven days of the conviction for Prison as committal prisons for certain male adult the sexual offence concerned or, where the prisoners sentenced by courts. This will signifi- offender is sentenced to imprisonment, from the cantly reduce the numbers being committed to date of full release from prison. Mountjoy in the first instance and make for a Thereafter, the offender must notify the Gardaı´ somewhat more stable and manageable prisoner of any change of name or address within seven population there. days of that change. Notification of any address In addition the two holding cells in the B Base where the offender spends either as much as Mountjoy have been closed. One of the cells is seven days or two or more periods amounting to being converted into a 4 shower unit for prisoners seven days in any twelve month period must also accommodated in the Base. The other cell is be given to the Gardaı´. being refurbished to provide one single occu- If the offender intends to leave the State for a pancy cell. A2 and A3 landings of Mountjoy period of seven days or more s/he must inform prison are to be re-opened following refur- the Gardaı´ of this fact and the address at which bishment. There are 42 cells on each landing. The s/he intends to stay and also notify the Gardaı´ of re-opening of these landings will result in a sig- his/her return. If s/he did not intend to stay away nificant increase in the number of single occu- for more than seven days but did, s/he must pancy cells in the prison. inform the Gardaı´ within a further seven days. The Deputy will be aware that I have The provisions of the Act extend to any sex appointed Mr. Michael Mellett to conduct an offenders entering this jurisdiction from abroad independent inquiry into the circumstances sur- who have an obligation to register in their own rounding the death in Mountjoy and to make countries. appropriate recommendations. I await his report. It is an offence to fail to comply with the notifi- cation requirements. The penalty is imprisonment \ Stardust Tragedy. for up to 12 months or a fine of 1,900 or both. The information provided by persons subject to 181. Mr. J. Higgins asked the Ta´naiste and the notification requirements set out in the Act is Minister for Justice, Equality and Law Reform if held centrally at the Garda Domestic Violence he will report on his meeting with representatives and Sexual Assaults Investigation Unit. It is of families bereaved by the Stardust tragedy. accessible to members of the Garda Sı´ocha´na, [29232/06] including nominated Garda Inspectors in each Garda Division who have responsibility for the Ta´naiste and Minister for Justice, Equality and monitoring of persons subject to the require- Law Reform (Mr. McDowell): As the Deputy will ments of the Sex Offenders Act, 2001 in their be aware, the Taoiseach and I met with represen- Division. tatives of the Stardust Victims Committee on 18 The provisions of the Sex Offenders Act 2001 September. The purpose of the meeting was to are kept under regular review by the Garda hear from the Committee regarding the detailed Sı´ocha´na and my Department with a view to submission made by them during the summer, in ensuring they are operating in a satisfactory which they set out their case for a new public manner. inquiry into the tragedy. We emphasised that we did not wish to finalise our thinking on this issue Question No. 183 answered with Question until we had heard at the meeting from the No. 175. families in person and that a formal response would issue once their submissions, both written Question No. 184 answered with Question and verbal, had received detailed examination No. 167. and consideration. Chief State Pathologist’s Office. Register of Sex Offenders. 185. Mr. Rabbitte asked the Ta´naiste and Mini- 182. Mr. Quinn asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform his ster for Justice, Equality and Law Reform the proposals for reform of the Chief State Pathol- position in regard to the operation of the Register ogists Office; if it is intended to introduce a new of Sex Offenders; if the information is contained system whereby homicide cases would be handled in a central database; the categories of persons by two pathologists; the discussions he has had 1411 Questions— 3 October 2006. Written Answers 1412

[Mr. Rabbitte.] years. These challenges are particularly acute with the current Chief State Pathologist on this since these changes have not been gradual. issue; and if he will make a statement on the Indeed, recent statistics indicate that newcomers matter. [30625/06] may now account for up to 10% of the population. Ta´naiste and Minister for Justice, Equality and As part of the response to these changes, in Law Reform (Mr. McDowell): I am continuing 2005 I established the Irish Naturalisation and to consider a number of options aimed at further Immigration Service — INIS for short, which enhancing the services provided by the State brings together the various strands of Govern- Pathologist’s office, in consultation with the State ment activity which have a direct bearing on Pathologist, and have recently received approval immigration and integration issues. Within these for the appointment of a second Deputy State revised structural arrangements, a new frame- Pathologist, so as to provide additional capacity work is now being finalised under which INIS will for the office. exercise its responsibility for promoting and coordinating all social and organisational Riachtanas Gaeilge. measures across the whole spectrum of Govern- 186. D’fhiafraigh Mr. O’Shea den Ta´naiste ment for the acceptance of lawful immigrants into agus Aire Dlı´ agus Cirt, Comhionannais agus Irish economic and cultural life. Athcho´ irithe Dlı´ an bhfuil cinneadh de´anta ag an A new Integration Unit within INIS is also ngru´ pa oibre idir-rannach a bunaı´odh chun fe´a- being established to carry out this specific func- chaint le cur chuige oiriu´ nach a mholadh o´ tion. The Unit will work with other Departments thaobh riachtanas Gaeilge i gco´ ras oiliu´ na an on studies and projects which have a major lever- Gharda Sı´ocha´na de; agus an nde´anfaidh se´ age effect on overall integration objectives. It will ra´iteas ina leith. [22763/06] also assist in the development of a broad inte- gration policy, building comprehensive strategies Ta´naiste and Minister for Justice, Equality and that will be linked with progress already achieved Law Reform (Mr. McDowell): Nı´l cinneadh in the areas of social inclusion and anti-racism. de´anta fo´ s ag an ngru´ pa oibre idir-rannach a Earlier this year I announced an Integration bunaı´odh chun fe´achaint le cur chuige oiriu´ nach Fund of \5m to accelerate the process of ensuring a mholadh o´ thaobh riachtanas Gaeilge i gco´ ras that all newcomers to Ireland can develop their oiliu´ na an Gharda Sı´ocha´na de. full potential in the context of a new integrated Chuir u´ dara´is na nGardaı´ in iu´ l dom, a´fach, go society. Local Partnership Companies involved in bhfuil an gru´ pa oibre a bunaı´odh i gCola´iste na the social inclusion area and Non Government nGardaı´ chun an cu´ rsa Gaeilge a fhorbairt le Organisations with expertise in the area of inte- haghaidh Gardaı´ faoi Oiliu´ int tar e´is a chuid oibre gration will be involved in the implementation of a chur i gcrı´ch. Cuireadh an cu´ rsa nua Gaeilge ata´ molta ar aghaidh chuig Comhairle na nDa´mhach- this initiative. The Fund will also be made avail- tainı´ Ardoideachais agus Oiliu´ na le go nde´anfaı´ able for a range of research and mapping initiat- e´ a fhormheas. Ta´ an cu´ rsa creidiu´ naithe ag an ives and will be used to accelerate the implemen- gComhairle o´ shin. Ta´ tuarasca´il ina dtugtar tation of the National Action Plan against Racism le´argas ar an gcu´ rsa nua dre´achtaithe agus tuigim which already has a significant integration go gcuirfear ar aghaidh go mo Roinnse go luath ı´. element. Ta´ su´ il agam go mbeidh an gru´ pa oibre idir- The Reception & Integration Agency (RIA) rannach in ann a thuarasca´il a chur i gcrı´ch i rith has responsibility for the coordination of inte- na seachtaine seo chugainn. gration services for refugees and persons with leave to remain and is actively involved with Question No. 187 answered with Question stake-holders at all levels both statutory and non- No. 179. statutory to ensure that the needs of that client group are identified and addressed. Departmental Programmes. A high-level Inter-Departmental Working 188. Mr. O’Shea asked the Ta´naiste and Mini- Group, coordinated by the RIA, was established ster for Justice, Equality and Law Reform if his in 2005 to oversee the integration of refugees Department is undertaking strategies or initiat- admitted under resettlement programmes. While ives specifically to address the development of the brief of this Inter-Departmental Working Ireland into a more multicultural society; and if Group refers to refugees admitted under resettle- he will make a statement on the matter. ment programmes, many of the issues which arise [22754/06] apply also to other newcomer minority groups. Most integration occurs at a local and com- Ta´naiste and Minister for Justice, Equality and munity level and the RIA are actively involved Law Reform (Mr. McDowell): My Department with Local Authorities, County Development recognises the enormous challenges facing Irish Boards, and Partnership Companies to promote society today as a result of the major demo- the development of integration strategies within graphic changes that have occurred in recent their Social Inclusion remit. 1413 Questions— 3 October 2006. Written Answers 1414

In May of this year the RIA, in cooperation minority communities and the Traveller with the Department of Education & Science, communities. held a 1 day seminar entitled “Towards a • Research into racism and the criminal law: National English Language Policy for Adult Newcomers” designed to bring together core This is being carried out by the Law School, English language providers and other key stake- University of Limerick and is due to be holders. Further detailed research is now being completed in November this year. undertaken in this area to capitalise on the results • Using sport for integration: A Grant of the seminar. Scheme with Local Sports Partnerships to The RIA is also working with the Department develop integration projects is now under of Community Rural & Gaeltacht Affairs and way. Pobal (Dormant Accounts programme) to develop targeted initiatives to promote the inte- • Promoting Anti-Racist Workplace Week: gration of refugees with a particular focus on 2005 was the sixth year of the Anti-Racist parents of Irish-born children who were granted Workplace Week. The purpose of the week leave to remain last year. is to raise awareness of the need to combat The needs of this client group is also being racism in organisations and promote sup- addressed by the NDP Gender and Equality Unit port for the accommodation of diversity in of my Department who have provided funding to the workplace. The week is organised by facilitate access to training and employment. the Equality Authority in close partnership Ireland has developed one of the most compre- with this Department, NAPR steering hensive anti-discrimination codes in Europe and group, IBEC, ICTU, the Construction the National Action Plan against Racism Industry Federation, the Small Firms (NAPR) to which I have already referred con- Association, Chambers of Commerce of tinues to provide strategic direction to combat Ireland and the Irish Farmers Association. racism and to develop a more inclusive, intercul- Finally, I would draw the Deputy’s attention to tural society in Ireland. It is based on a commit- the fact that while my Department continues to ment to inclusion by design and not as an add-on develop integration initiatives in accordance with or afterthought and its focus is on five objectives its mandate, a whole range of measures are con- — participation, inclusion, provision, recognition tinually being undertaken by other Departments and protection. The plan will run until 2008. in terms of both services and funding. I believe A Strategic Monitoring Group, coordinated by that the broad social inclusion programme being my Department, with representatives of the social pursued by this Government will be of major partners, NGOs and Government has been estab- influence in addressing the important challenge lished to oversee implementation of the NAPR referred to by the Deputy. measures. The Group has established three work- ing groups from its members and each group has brought in further expertise as required thereby Motor Fuels. directly involving people from minority ethnic 189. Mr. Broughan asked the Ta´naiste and backgrounds in policy implementation in specific Minister for Justice, Equality and Law Reform projects. the progress the Government has made towards A network of Liaison Officers in Government a clean fuel ministerial fleet; and if he will make Departments has been established and a wide a statement on the matter. [26646/06] range of projects are already well advanced. These include: Ta´naiste and Minister for Justice, Equality and • Development of intercultural school guide- Law Reform (Mr. McDowell): Ministerial State lines: Guidelines for primary school cars are placed at the disposal of Government teachers have been completed and post- Ministers and others pursuant to a long standing primary guidelines are expected to be pub- arrangement and are supplied to the following: lished very soon. President, Taoiseach, Ta´naiste, 13 Government Ministers, Chief Whip, Ceann Comhairle, • Developing anti-racist and diversity Attorney General, Director of Public Pros- (ARD) plans: The first ARD Plan is ecutions, Chief Justice, Former Taoisigh & already in operation in Galway. Work is Presidents. currently underway with Roscommon Factors such as fuel efficiency and safety are County Council, Dublin Inner City, Fingal taken into account in making purchases for the County Council and Louth County Ministerial Fleet. It is also the case that 5 Council. electric/petrol hybrid vehicles have been pro- • Cooperation with the Gardaı´: Under the cured this year for the Ministerial Fleet. Hybrid auspices of NAPR, the first Intercultural vehicles have significantly better fuel consump- Consultative Forum was held on the 6th tion and significantly reduced emissions com- September and involved representatives of pared to equivalent conventional models. 1415 Questions— 3 October 2006. Written Answers 1416

Road Traffic Offences. the Irish Prison Service is scheduled to be com- pleted and ready for occupation in the first half 190. Ms O. Mitchell asked the Ta´naiste and of 2007. Under this phase of the programme, Minister for Justice, Equality and Law Reform if therefore, the total number of Justice sector posts the Gardaı´ have been in touch with their counter- moving out of Dublin will amount to two hundred parts in the UK and Northern Ireland in relation and eighty-five. to the introduction of a reciprocal system of recognising penalty points awarded to motorists As regards Navan, the targeted number of between the Republic and Northern Ireland in posts remains at 103. This will be made up of 2007; the way in which this system will operate; posts from the Probation Service, the National and if he will make a statement on the matter. Property Services Regulatory Authority, the [30593/06] Garda Civilian HR Unit and the Coroners Agency. Ta´naiste and Minister for Justice, Equality and I understand that the Office of Public Works is Law Reform (Mr. McDowell): The introduction currently looking at property solutions for all of a reciprocal system of recognising penalty these agencies and it is anticipated that the first points awarded to motorists in this jurisdiction moves to Navan will begin before the end of the and in Northern Ireland is a matter for the licens- year. ing authorities in both jurisdictions, the Depart- ment of Transport in this jurisdiction and Driver Question No. 194 answered with Question and Vehicle Licensing Northern Ireland. No. 141. I am informed that the Minister for Transport has agreed with the UK Minister for State for Garda Investigations. Transport the terms of reference for a study of the feasibility of greater cooperation between 195. Ms McManus asked the Ta´naiste and Ireland and the UK in relation to lesser road Minister for Justice, Equality and Law Reform traffic infringements, with a view to officials the progress made with regard to the Garda undertaking a study on this basis and reporting investigation into the murder of a person (details back early next year. supplied); if a file has been sent to the Director I am also informed that the Minister for Trans- of Public Prosecutions; if persons have been port has agreed with the UK Minister of State for charged in connection with the murder; and if he Transport to enter into bilateral arrangements on will make a statement on the matter. [30615/06] the mutual recognition of driving disqualifications as envisaged in the EU Convention on Driver Ta´naiste and Minister for Justice, Equality and Disqualification. Law Reform (Mr. McDowell): I have been informed by the Garda authorities that the mur- Question No. 191 answered with Question der of the person referred to is being investigated. No. 161. A number of persons have been arrested in con- nection with this incident. Question No. 192 answered with Question I am further informed that an investigation file No. 156. has been completed and submitted to the Law Officers. To date no person has been charged in Decentralisation Programme. connection with this incident. As this is an 193. Ms Burton asked the Ta´naiste and Mini- ongoing Garda investigation it would be inap- ster for Justice, Equality and Law Reform if he propriate for me to comment further at this time. will clarify the situation in relation to the decen- tralisation of his Department; if there has been a Parental Leave Provisions. change in the targeted number of staff due to 196. Dr. Upton asked the Ta´naiste and Mini- move to Navan; and if he will make a statement on the matter. [24947/06] ster for Justice, Equality and Law Reform the action he will take to address the flaw in the Ta´naiste and Minister for Justice, Equality and recently enacted Parental Leave Amendment Act Law Reform (Mr. McDowell): I can confirm that 2006 as a result of which parents of young chil- my Department’s decentralisation programme is dren working for the same employer will not be firmly on target. able to transfer their 14 weeks of parental leave The Private Security Authority and the Garda between each other; and if he will make a state- Central Vetting Unit are operational in Tipperary ment on the matter. [30637/06] town and Thurles respectively. Further advance moves from Garda HQ are planned for Thurles Ta´naiste and Minister for Justice, Equality and for the first half of 2007. The Land Registry has Law Reform (Mr. McDowell): The Parental recently opened an office in Roscommon town Leave (Amendment) Act 2006, which was and the Office of the Data Protection Com- enacted on 18 May last, amends the Parental missioner will relocate to Portarlington in Leave Act 1998 to implement agreed recom- December. The new headquarters building for mendations in the Report of the Working Group 1417 Questions— 3 October 2006. Written Answers 1418 on the Review of the Parental Leave Act 1998. It the number of cases of murder in which firearms also implements an increase in the maximum age were used in respect of each year from 1998 to limit of an eligible child to 8 years, agreed sub- date in 2006; the number of such cases in which sequent to the publication of the Report in the prosecutions for murder were initiated; the context of the Sustaining Progress Partnership number of such cases where convictions were Agreement. secured; if he is satisfied with the level of detec- Section 2 of the Bill, as initiated in the Seanad tion and conviction in such cases; and if he will on 16 December, 2004, amended section 6 of the make a statement on the matter. [30613/06] 1998 Act by substituting it with a new section 6 to take account of a number of changes in Ta´naiste and Minister for Justice, Equality and relation to the entitlement to parental leave i.e. Law Reform (Mr. McDowell): I am informed by increase in the upper age limit of an eligible child, the Garda authorities that the following table extension of the provisions to include adopting shows the total number of murder offences where parents and persons acting in loco parentis of an a firearm was used, recorded, detected, pro- eligible child. ceedings commenced and convictions for the However, at Report stage of the Bill in the years 1998 to 2005 and up to 1 October, 2006. Da´il, an Opposition amendment was accepted While no level of murder is acceptable, it which inserted a new section to the Bill which should be noted that Ireland has one of the low- amends section 6(7) of the 1998 Act to allow for est murder rates in the western world. For the transfer of parental leave between parents example, the homicide rate in Glasgow, a city of where both parents are employed by the same comparable size to Dublin, is 5.5 per 100,000 of employer. the population. The comparable figure for Dublin in 2005 is 1.7 per 100,000. The rate of This amendment was technically flawed, as the murder/manslaughter in Ireland in 1995 was 1.47 new section 3 seeks to amend a subsection which per 100,000 of the population. The comparative was deleted and substituted by the text of subsec- figure for 2005 is 1.41 per 100,000 of the popu- tion 2 of the Bill (now Act). It was not possible lation. A wide range of provisions to combat gun to correct the problem with the text before enact- crime were introduced in the Criminal Justice ment, without creating further delay to the enact- Act, 2006. ment of the Bill. I am informed by the Garda authorities that While the amendment itself does not pose a murders involving the use of firearms tend to difficulty in principle, I acknowledge that it con- have lower conviction rates than other murders. fuses the issue regarding the transferability of This is not unique to Ireland. I am assured by the parental leave. I intend to seek Government Garda Commissioner that the highest priority is approval for an amending provision, to be given by An Garda Sı´ocha´na to the investigation included in a suitable legislative instrument, at an of murders and the detection of those early date. responsible. As the Deputy is aware, the Director of Public Question No. 197 answered with Question Prosecutions is statutorily independent in the per- No. 173. formance of his functions. Furthermore, judges are independent in the exercise of their judicial Crime Levels. functions, subject only to the Constitution and 198. Mr. M. Higgins asked the Ta´naiste and the law. It would therefore be inappropriate for Minister for Justice, Equality and Law Reform me to comment on their decisions.

Total number of Murder Offences where a Firearm was used (Recorded, Detected, Proceedings Commenced and Convictions) for the years 1998 to 2005 and up to 1st October, 2006*

Recorded Detected Proceedings Convictions Commenced

2006*(up to 1st October) 16 6 4 0 2005 21 4 2 1 2004 9 8 5 3 2003 20 10 4 2 2002 10 5 4 3 2001 9 6 2 2 2000 12 7 6 2 1999 12 7 6 2 1998 4 3 2 1 *Figures are provisional, operational and liable to change. 1419 Questions— 3 October 2006. Written Answers 1420

[Mr. McDowell.] Strong provisions are in place to combat van- Question No. 199 answered with Question dalism and anti-social behaviour. The primary No. 148. basis for the law regarding public order offences is the Criminal Justice (Public Order) Act, 1994, Question No. 200 answered with Question which modernised the law in this regard. Further- No. 173. more, because of my concerns about the abuse of alcohol and its contribution to public order Question No. 201 answered with Question offending and broader social problems, I have No. 148. brought forward tough new provisions to deal with alcohol abuse and its effect on public order Anti-Social Behaviour. in the Intoxicating Liquor Act 2003. One of the provisions of the Act is to broaden the appli- 202. Mr. Stagg asked the Ta´naiste and Minister cation of the temporary closure order penalty, for Justice, Equality and Law Reform the action which was originally introduced to combat under- he will take to deal with vandalism and anti-social age drinking, to cover also convictions for a series behaviour which is causing major problems in of offences, such as a licensee supplying intoxicat- many communities with families harassed and ing liquor to drunken persons and permitting dis- property vandalised; and if he will make a state- orderly conduct on the licensed premises. ment on the matter. [30619/06] The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which Ta´naiste and Minister for Justice, Equality and is to provide the Garda Sı´ocha´na with additional Law Reform (Mr. McDowell): I share the con- powers to deal with late night street violence and cerns expressed about anti-social behaviour and anti-social conduct attributable to excessive its effects on people. In many such incidents, vul- drinking. It does this by providing for the closure nerable people, often the elderly, are subjected to of premises such as pubs, off licenses, late night serious nuisance and forms of harassment which clubs and food premises where there is disorder cause significant and persistent distress to the or noise on or close to the premises, as well as people concerned and interfere fundamentally the making of exclusion orders on individuals with their capacity to enjoy quiet and peaceful convicted of a range of public order offences, in lives. Often such people are simply too frightened addition to any penalty they might receive under to stand up to their persecutors. Equally, few of the 1994 Public Order Act. them have the financial resources to engage law- I am informed by the Garda authorities that yers to seek private law injunction-type remedies An Garda Sı´ocha´na has a pro-active approach to to protect their rights to enjoyment of their policing anti-social/public disorder issues by property. immediate intervention, arrest and prosecutions The Criminal Justice Act, 2006 contains pro- or advice, as appropriate. Local Garda manage- visions to deal with anti-social behaviour. The ment provide for this in policing plans and make Act empowers a senior member of the Garda every effort to provide a highly visible police Sı´ocha´na to apply to the District Court by way of presence on the streets of our towns and villages a civil procedure for an order which will prohibit through the deployment of uniform Gardaı´, an adult from behaving in an anti-social manner. detective units, divisional traffic corps, com- The relevant provisions of the Criminal Justice munity policing units and mountain bike units as Act, 2006 will be commenced following consul- appropriate. Garda patrols pay particular atten- tations between my Department, the Office of the tion to areas where the public tends to congregate Minister for Children and the Commissioner of such as licensed venues and fast food outlets the Garda Sı´ocha´na. These consultations are cur- while awaiting transport, so as to prevent and rently ongoing. The purpose of this is to ensure detect incidents of public disorder. that these provisions will commence as soon as I am further informed that Operation Encoun- the Commissioner has made the necessary ter which was introduced by Garda management internal arrangements to ensure the smooth in 2002 targets public disorder offences including introduction of these new procedures. assaults and drinking by underage persons. Separate provision is being made in relation to Under the Garda Juvenile Diversion Prog- young people. The Criminal Justice Act, 2006 ramme Divisional Juvenile Liaison Officers regu- introduces provisions for behaviour orders for larly visit schools, youth clubs and social services children aged 12 to 18 years into the Children to give presentations under the education prog- Act, 2001 and the protections of that Act will ramme and highlight alternative options for reg- apply. There will be a series of incremental ular offenders. Community Gardaı´ and the Garda stages, with parental involvement, preceding an Schools Liaison Officers also visit schools and application for a behaviour order. These include address young people on a variety of topics a warning, a good behaviour contract and referral including anti social behaviour. to the Garda Juvenile Diversion Programme. Members of an Garda Sı´ocha´na are frequently Only after these stages can a behaviour order be in contact with other Government and non- sought through the Courts. government agencies, including the Health 1421 Questions— 3 October 2006. Written Answers 1422

Services Executive and the local authorities in Legal Service, before deportation orders were order to have a multi agency approach to address- signed. ing criminal issues. This multi agency liaison will Despite the best efforts of the Garda National continue. Immigration Bureau on the day of the removals Garda Youth Diversion Projects are com- to maintain the unity of the family, the person munity based, multi-agency crime prevention concerned refused to co-operate with the Gardaı´ initiatives which seek to divert young people from in locating the whereabouts of all her children. becoming involved (or further involved) in anti- In the end she was deported accompanied by her social and/or criminal behaviour by providing youngest child. It is understood that the elder suitable activities to facilitate personal develop- child, who was hidden from Gardaı´, was passed ment and promote civic responsibility. The Garda into the care of other local Nigerian nationals by Youth Diversion Projects are funded by my his mother. I understand that the Garda National Department and administered through Garda Immigration Bureau (GNIB) informed the local Community Relations Section of An Garda area Health Service Executive of the position in Sı´ocha´na. relation to this child. I am advised that the GNIB It is estimated that the 64 Garda youth diver- was notified of the whereabouts of the missing sion projects currently in place cater for approxi- child a few days after the charter operation took mately 2,500 participants per annum. The allo- place. I am further advised that the child in ques- cation of funding for the 64 Garda Youth tion is now in the care of the North Western Diversion Projects (along with 7 Local Drug Task Regional Health Authority and that a Child Care Force Projects) in 2006 is just over \6.6 million, Order hearing in respect of him has been which is an increase of \1.2 million on 2005. adjourned until 3 October 2006. It is my intention to ensure that 100 schemes I am satisfied that the persons concerned were will be established nationwide before the end of deported following a comprehensive examination 2007. Recently, I announced the establishment of of their asylum claims and of their claims to ten new projects in the first phase of the expan- remain temporarily in the State. It should be sion of the scheme, bringing the total number of pointed out that it was as a consequence of a projects to 74. The ten new projects are located in deliberate choice on the part of the person con- Blanchardstown, Birr, Carlow, Castlebar, Cavan, cerned that she is now separated from her elder Clondalkin, Limerick, Tallaght and Tralee (two child. This behaviour by parents cannot form a projects). basis for either non-enforcement or revocation of the deportation orders in this instance. Deportation Orders. Departmental Expenditure. 203. Dr. Cowley asked the Ta´naiste and Mini- 204. Mr. Hogan asked the Taoiseach if the ster for Justice, Equality and Law Reform the moneys allocated to his Department in this year’s reason a person (details supplied) was deported Estimates will be fully and appropriately spent despite the fact that one of their children was left during 2006; if he has identified any allocated here; his views on whether this is a fair system in moneys which are not needed by his Department; view of the fact that they were not allowed to and if so the amount of such moneys. [30239/06] remove there belongings or second child; and if he will make a statement on the matter. The Taoiseach: The expenditure estimates for [30545/06] my Department contain relatively small pro- visions for the administration of the Department Tanaiste and Minister for Justice, Equality and ´ and of the bodies which come under its aegis and Law Reform (Mr. McDowell): The person it is anticipated that this funding will be spent referred to by the Deputy is a Nigerian woman during the year in accordance with the Depart- who was deported from the State on a charter ment’s operating requirements. flight to Lagos on the night of the 20/21 My Department is closely monitoring expendi- September, 2006. She arrived in the State on 18 ture and will continue to do so as year-end May 2005 and was accompanied by her son, a approaches and any overall savings identified will minor child born on 12 June 2001. On 18 July of course be made available to the Exchequer. It 2005 the person concerned gave birth to a second is not yet possible to definitively identify the nat- son in the State. The asylum application of the ure and amount of any such savings, as this often person concerned and her two children was depends on the timing of activities and related refused following negative determinations by the events. However, it is not expected that there will Office of the Refugee Applications Com- be a material level of allocation not required by missioner and the Refugee Appeals Tribunal. year end. Their cases were further considered under Section 3 (6) of the Immigration Act, 1999, as Voluntary Repatriation Schemes. amended, and Section 5 of the Refugee Act, 1996, including representations on their behalf for 205. Mr. Crowe asked the Ta´naiste and Mini- leave to remain in the State from the Refugee ster for Justice, Equality and Law Reform if his 1423 Questions— 3 October 2006. Written Answers 1424

[Mr. Crowe.] locations of the Garda stations that are currently attention has been drawn to the case of a person operational within the Milford electoral area; the (details supplied); if an application for repatri- hours that each station is currently open; the ation was made to Ireland; and if there has been number of Gardaı´ who are stationed at each of progress in relation to same. [30493/06] the stations; if more Gardaı´ are scheduled to be posted within the Milford electoral area; and, if Ta´naiste and Minister for Justice, Equality and so, the date by which the increase in personnel Law Reform (Mr. McDowell): The person will take place. [30457/06] referred to by the Deputy has expressed an interest in transferring to a prison in Ireland Ta´naiste and Minister for Justice, Equality and under the Council of Europe Convention on the Law Reform (Mr. McDowell): I have been Transfer of Sentenced Persons. However, the for- informed by the Garda authorities, who are mal application and necessary supporting docu- responsible for the detailed allocation of mentation has not been received to date from the resources, including personnel, that the personnel United Kingdom authorities. My Department has strength (all ranks) of An Garda Sı´ocha´na written to the United Kingdom authorities increased to a record 12,762 on Friday, 8 requesting them to commence processing this September, 2006, following the attestation of 249 individual’s application. new members. This compares with a total The Convention requires extensive docu- strength of 10,702 (all ranks) as at 30 June, 1997 mentation to be exchanged between both juris- and represents an increase of 2,060 (or 19%) in dictions in order to allow an application to be the personnel strength of the Force during that fully considered. A three way consent is also period. The Garda Budget now stands at \1.3 required to enable any transfer to take place, i.e., billion, a 13% increase on 2005 and an 85% from the authorities of both jurisdictions and increase since 1997 in real terms. from the person concerned. On receipt of those I have been further informed by the Garda consents (assuming they will be forthcoming), an authorities that no Garda Stations in the Milford application must then be made to the High Court District have closed in the past ten years. Milford for a warrant authorising the transfer of the per- station is the District Headquarters station and is son concerned and his continued detention here. open on a twenty four hour basis. The personnel These procedures are required under the Con- strength (all ranks) of each of the Garda stations vention and the Transfer of Sentenced Persons and their opening hours in the Milford District as Act, 1995, and must be adhered to in processing at 2 October, 2006 was as set out in the follow- each application. ing table.

Garda Operations. Station Strength Opening Hours 206. Ms Burton asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform if he Milford 24 24-hour will report on the upcoming joint meeting of the Carrigart 3 10am-1pm banks, the Gardaı´ and the Irish Payment Services Kerrykeel 2 10am-1pm Organisation to discuss the issue of online bank- Kilmacrennan 2 10am-1pm ing fraud; and if he will make a statement on the Creeslough 0 11am-1pm matter. [30734/06] Dunfanaghy 4 10am-1pm Ta´naiste and Minister for Justice, Equality and Falcarragh 7 10am-1pm Law Reform (Mr. McDowell): I have indicated Church Hill 1 11am-1pm that I will require, in due course, a Garda report Ramelton 4 10am-1pm in relation to their ongoing contact with the banks Rathmullen 1 11am-1pm and the Irish Payment Services Organisation. I will contact the Deputy further when the report is to hand. Local Garda Management report that members attached to Dunfanaghy Garda Station attend Question No. 207 answered with Question Creeslough Garda Station to ensure it is open at No. 177. the specified times, however this is determined by resource availability and the rostered tour of duty Question No. 208 answered with Question of the members attached to Dunfanaghy Garda No. 148. Station. Milford Garda District forms part of the Garda Deployment. Donegal Division. In addition, I would point out to the Deputy that the Garda resources for this 209. Aengus O´ Snodaigh asked the Ta´naiste Division are further augmented by a number of and Minister for Justice, Equality and Law Garda National Units such as the Garda National Reform the number and location of Garda Drugs Unit, the Garda National Immigration stations in the Milford electoral area that have Bureau (GNIB), the Criminal Assets Bureau closed in the past ten years; the number and (CAB) and other specialised units. 1425 Questions— 3 October 2006. Written Answers 1426

It is the responsibility of Garda management to State Claims Agency provided a confidential allocate personnel to and within Divisions on a report, concerning Garda driving etc., to the priority basis in accordance with the require- Garda authorities for consideration and dis- ments of different areas. These personnel allo- cussion between the Agency and the Gardaı´. cations are determined by a number of factors I have also been informed that the State Claims including demographics, crime trends, adminis- Agency is dependent on a strong and good work- trative functions and other operational policing ing relationship with the State authorities when it needs. Such allocations are continually monitored carries out risk reviews. This has worked and reviewed along with overall policing arrange- extremely well on the basis that the State Claims ments and operational strategy. This ensures that Agency acts as an agent on behalf of the State optimum use is made of Garda resources, and authority and that the report becomes the State that the best possible service is provided to the authority’s once it is completed. The view of the public. State Claims Agency is that the publishing of such I should add that the current recruitment drive risk reviews might inhibit the capacity of the State to increase the strength of the Garda Sı´ocha´na to Claims Agency to carry out reviews in the future. 14,000 members, in line with the commitment in In this particular case, as part of its review, the the Agreed Programme for Government, is fully State Claims Agency looked for appropriate on target. This will lead to a combined strength, benchmarks to allow it to compare the perform- of both attested Gardaı´ and recruits in training, ance of An Garda Sı´ocha´na with that of an anal- of 14,000 by the end of this year. The first three ogous organisation. Having considered the key groups of newly attested Gardaı´ under this accel- characteristics of the Garda driving operation, it erated recruitment programme came on stream in was considered that it was not comparable with March, June and September of this year and the the driving operations of other emergency fourth such group will become fully attested services such as ambulances and fire brigades. members of the Force later this year. Further Benchmarks which were eventually settled on tranches of approximately 275 newly attested were found in UK police forces. As such, I am Gardaı´ will follow every 90 days thereafter until advised by the State Claims Agency that the find- the programme is complete. The Garda Com- ings of the report would not be of particular rel- missioner will now be drawing up plans on how evance to other emergency services. In view of best to distribute and manage these additional the foregoing I will not be publishing the report resources, and in this context the needs of the at this time. area referred to by the Deputy will be given the fullest consideration. State Claims Agency. Garda Operations. 211. Ms O. Mitchell asked the Ta´naiste and Minister for Justice, Equality and Law Reform 210. Ms O. Mitchell asked the Ta´naiste and the number of motor accidents, involving the Minister for Justice, Equality and Law Reform if Gardaı´, which are currently being dealt with by he will release a copy of a report entitled The the State Claims Agency; the numbers which Risk Management Review of Road Traffic Acci- were dealt with by the Agency in 2004 and 2005 dents involving An Garda Sı´ocha´na compiled by the State Claims Agency into the cost of settling respectively; the number of these which are being claims arising from crashes involving the Gardaı´, investigated which involved members of the particularly in view of its relevance to other emer- Force driving under the permission of the Garda gency service providers; and if he will make a Commission in 2004, 2005 and to date in 2006 statement on the matter. [30458/06] respectively; and if he will make a statement on the matter. [30459/06] Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): Under the pro- Ta´naiste and Minister for Justice, Equality and visions of Section 8(4)(a) of the National Treas- Law Reform (Mr. McDowell): Personal injury ury Management Agency (Amendment) Act, claims arising from road traffic accidents involv- 2000, the State Claims Agency shall advise and ing Garda vehicles were formerly managed by the assist a State Authority whenever it considers it Garda authorities. In December, 2001, the State appropriate to do so or is requested by such an Claims Agency took over the management of authority to do so in relation to the measures to the claims. be taken to prevent the occurrence, or to reduce The number of active claims for An Garda the incidence, of acts, omissions or other matters Sı´ocha´na arising from road traffic accidents which occasioning, or that may occasion, delegated are currently being dealt with by the Agency is claims against such an authority, including 494. measures to identify sources of risk that may All official road traffic accidents are investi- occasion such claims. Paragraphs (1) to (4) of gated by An Garda Sı´ocha´na. The total number section 8 (4) (b) also refer. of Garda Sı´ocha´na road traffic accident claims, I have been informed that against the back- including those involving members driving with ground of the above statutory provisions, the the Chief Superintendent’s permission, for the 1427 Questions— 3 October 2006. Written Answers 1428

[Mr. McDowell.] Ta´naiste and Minister for Justice, Equality and period 2004-2006 is reflected in the following Law Reform (Mr. McDowell): I am informed by table. the Garda authorities that searches conducted by them indicate that no correspondence has been Year No. of Permission of received from the person referred to. Claims Chief Supt I am further informed that further enquiries indicate that the person referred to is not the 2004 244 55 registered owner of the vehicle in question. 2005 299 64 2006 YTD 232 46 Garda Deployment. 215. Ms O. Mitchell asked the Ta´naiste and Minister for Justice, Equality and Law Reform if Garda Stations. the Garda will operate an occasional bus patrol 212. Mr. Howlin asked the Ta´naiste and Mini- in Dublin similar to the one it operates on LUAS ster for Justice, Equality and Law Reform the to protect passengers, particularly at night, and to position in relation to the construction of a new increase the sense of security for users of public Garda headquarters in Wexford; when construc- services. [30486/06] tion is expected to begin; when it is envisaged that this facility will be completed; and if he will make Ta´naiste and Minister for Justice, Equality and a statement on the matter. [30471/06] Law Reform (Mr. McDowell): I am informed by the Garda authorities that Garda management Ta´naiste and Minister for Justice, Equality and within the Dublin Metropolitan Region has an Law Reform (Mr. McDowell): There are plans to excellent working relationship with the manage- construct a new Wexford Divisional Head- ment of Dublin Bus. Regular contact is main- quarters Garda station. tained and any issues raised are dealt with I understand that the necessary first step in promptly. providing the new station, the acquisition of a I am further informed that, while there are no suitable site, has almost been completed by the dedicated patrols on Dublin Bus, An Garda Office of Public Works and it is expected that this Sı´ocha´na carries out patrols to deal with specific will be finalised by the end of October, 2006. incidents and complaints as they arise, primarily The Garda authorities and my Department in the late evenings when incidents of anti social have undertaken the necessary preparatory work behaviour are most likely to occur. to ensure that the new station will meet the present and future requirements of the Wexford Prisoner Releases. Division. To this end, at a meeting to discuss and agree the new station’s accommodation require- 216. Mr. Gregory asked the Ta´naiste and Mini- ments which took place in Wexford Garda station ster for Justice, Equality and Law Reform the on the 27th September, 2006, a brief of accom- reason a person (details supplied) in Dublin 1 modation requirements was discussed in detail who failed to return to prison following a short and agreed. This agreed brief of requirements will period on temporary release has again been be submitted shortly by the Garda authorities and granted temporary release; and if he will make a the Office of Public Works will then produce a statement on the matter. [30494/06] sketch design scheme for agreement by Garda management and the representative bodies. Ta´naiste and Minister for Justice, Equality and With regard to the expected construction start Law Reform (Mr. McDowell): I am informed by and completion dates for the new station, I have the Director General of the Irish Prison Service been advised by the Office of Public Works that that the person referred to by the Deputy failed preparations for construction is planned to com- to return to the Training Unit on 20 January, 2006 mence early in 2007 and it is envisaged that con- having been granted a short period of temporary struction work on the new Wexford Divisional release for humanitarian reasons. He was Headquarters Garda station will commence on returned to prison custody by Gardaı´ on 5 June, site at the end of 2007 or early 2008. 2006 and was transferred to the Midlands Prison on 8 June, 2006. Question No. 213 answered with Question His case was subsequently discussed at a local No. 150. review meeting in the Midlands Prison. These meetings facilitate the exchange of information Road Traffic Offences. and aid decision making with respect to the man- agement of prisoners’ sentences. They are chaired 214. Mr. Ring asked the Ta´naiste and Minister by the Governor with the attendance of senior for Justice, Equality and Law Reform the reason prison management, Probation staff, chaplains, no response issued from An Garda Sı´ocha´na in teachers, other prison staff and an official from relation to the incorrect endorsement of a driving the Prisons Service Headquarters. Following con- licence for a person (details supplied) in County sideration of his case at this meeting a transfer to Mayo. [30479/06] 1429 Questions— 3 October 2006. Written Answers 1430

Shelton Abbey was approved. This transfer took I am informed by the Garda authorities that place on 17 August, 2006 and was on the basis the death of the person referred to is under that he would not benefit from enhanced review by a senior Garda Officer. It is expected remission. that the investigation file will be completed While in Shelton Abbey he made a number of shortly. As the Deputies will appreciate it would applications for temporary release which were be inappropriate for me to comment further refused. He absconded from Shelton Abbey on before completion of the review. 23 September, 2006 and is, therefore, unlawfully at large. The Gardaı´ are now seeking this fugitive. Asylum Applications. If past experience is any guide he will be soon returned to prison custody. 218. Ms O’Sullivan asked the Ta´naiste and I am grateful to the Deputy for bringing this Minister for Justice, Equality and Law Reform matter to my attention. Given the unusual when he will make a decision on an application sequence of events and circumstances of this case, for leave to remain here on humanitarian grounds I have asked for a full report. in relation to a person (details supplied) in County Clare; and if he will make a statement on Garda Investigations. the matter. [30521/06] 217. Mr. O’Shea asked the Ta´naiste and Mini- Ta´naiste and Minister for Justice, Equality and ster for Justice, Equality and Law Reform the Law Reform (Mr. McDowell): The person con- proposals he has to establish a tribunal of public cerned arrived in the State on 21 January, 2003 inquiry into the death of a person (details and applied for asylum. Her application was supplied) in Count Offaly; and if he will make a refused following consideration of her case by the statement on the matter. [30520/06] Office of the Refugee Applications Com- missioner and, on appeal, by the Refugee 229. Mr. Wall asked the Ta´naiste and Minister Appeals Tribunal. for Justice, Equality and Law Reform his views Subsequently, in accordance with Section 3 of on correspondence (details supplied); and if he the Immigration Act, 1999, as amended, she was will make a statement on the matter. [30746/06] informed by letter dated 23 September, 2004, that the Minister proposed to make a deportation 234. Mr. Costello asked the Ta´naiste and Mini- order in respect of her. She was given the options, ster for Justice, Equality and Law Reform his to be exercised within 15 working days, of making views on documentation (details supplied); if he representations to the Minister setting out the is satisfied regarding the internal Garda inquiry; reasons why she should be allowed to remain if he will establish a public tribunal of inquiry in temporarily in the State; leaving the State before accordance with the wishes of the family (details an order is made or consenting to the making of supplied); and if he will make a statement on the a deportation order. Representations have been matter. [30752/06] received on behalf of the person concerned. This person’s case file, including all represen- 237. Mr. Rabbitte asked the Ta´naiste and Mini- tations submitted, will be considered under ster for Justice, Equality and Law Reform the Section 3(6) of the Immigration Act, 1999, as steps taken on foot of correspondence received amended, and Section 5 of the Refugee Act, 1996 by him from a person (details supplied); if he is (Prohibition of Refoulement). I expect the file to satisfied regarding the adequacy of the original be passed to me for decision in due course. Garda inquiry into that death; if a fresh inquiry is taking place; if so, the progress which has been Citizenship Applications. achieved or is expected; if the death is now classed as suicide, accidental or homicide; if 219. Mr. Noonan asked the Ta´naiste and Mini- inquiries are taking place in relation to the con- ster for Justice, Equality and Law Reform when duct of other Garda inquiries in the area; if all a decision will be made on an application for Irish such inquires internal to the Garda Sı´ocha´na; if citizenship by a person (details supplied); and if outside agencies are involved; and if he will make he will make a statement on the matter. a statement on the matter. [30755/06] [30523/06]

239. Mr. F. McGrath asked the Ta´naiste and Ta´naiste and Minister for Justice, Equality and Minister for Justice, Equality and Law Reform Law Reform (Mr. McDowell): An application for if he will ensure an inquiry into a case (details a certificate of naturalisation from the person supplied); and if he will support the family on this referred to in the Deputy’s question was received matter. [30832/06] in the Citizenship section of my Department on 4 September 2006. Ta´naiste and Minister for Justice, Equality and Applications received in the second half of Law Reform (Mr. McDowell): I propose to take 2004 are currently being processed and there are Questions Nos. 217, 229, 234, 237 and 239 approximately 11,000 applications awaiting pro- together. cessing before that of the person in question. It 1431 Questions— 3 October 2006. Written Answers 1432

[Mr. McDowell.] in 2005; the average cost of holding a prisoner in is likely that processing of the application of the custody in Portlaoise Prison in 2005; and if he will person in question will commence in the second make a statement on the matter. [30527/06] half of 2008. I will inform the Deputy and the person con- Ta´naiste and Minister for Justice, Equality and cerned when I have reached a decision on the Law Reform (Mr. McDowell): The average cost application. of keeping a prisoner in custody in 2005 was \90,900. The cost of keeping a prisoner in custody 220. Mr. Durkan asked the Ta´naiste and Mini- in Portlaoise Prison in 2005 was \240,700. ster for Justice, Equality and Law Reform the The average cost of keeping an offender is cal- position in relation to the application for natural- culated by averaging out the current running isation in the case of a person (details supplied) costs of the prisons and places of detention in County Kildare; and if he will make a state- against the average number of offenders in those ment on the matter. [30524/06] institutions. These costs include certain items which are fixed no matter what the number of Ta´naiste and Minister for Justice, Equality and offenders in custody, e.g. utilities, staff salaries, Law Reform (Mr. McDowell): As I informed the etc. It also reallocates the cost of central services, Deputy in my responses to Parliamentary Ques- e.g. H.Q., Prison Service Training Centre, I.T., tions Nos. 243 of 16 February 2006 and 68 of 15 etc. to each prison institution. June 2006, officials in the Citizenship section of The relatively high costs of keeping a prisoner my Department were not satisfied that the person in Portlaoise Prison arises primarily because of referred to in the Deputy’s question fulfilled one the unique nature of the prisoners held there and of the key statutory conditions for obtaining post- the consequent security considerations which nuptial citizenship, i.e. that she and her Irish require a higher staff to prisoner ratio. spouse were living together as husband and wife when she lodged a declaration of acceptance of Community Service Orders. post-nuptial citizenship on 4 February 2005. As 223. Ms Burton asked the Ta´naiste and Mini- the individual has not addressed the issues raised ster for Justice, Equality and Law Reform the by my officials in previous correspondence and average cost per hour of supervising an offender has been unable to provide any information or on a community service sentence in 2005; and if supporting documentation which would resolve he will make a statement on the matter. this issue, she was advised, in a letter dated 14 [30528/06] August 2006, that it was assumed she no longer wished to pursue citizenship on the basis of her Ta´naiste and Minister for Justice, Equality and marriage to an Irish born national. An appli- Law Reform (Mr. McDowell): The Criminal cation form for naturalisation was included with Justice (Community Service) Act, 1983 provides the correspondence, so that she may apply for a for the performance of unpaid work in the com- certification of naturalisation should she wish, munity by a person who is 16 years or over, who provided that she satisfies the statutory con- has been convicted of an offence, for which the ditions applicable at the time. appropriate penalty would be an immediate cus- My officials have informed me that as of 18 todial sentence and who has given his/her consent September 2006, no response has been received to the Court. from the person in question. The precise information requested by the Deputy is not readily available. The compilation Prison Committals. of these statistics would require a dispro- 221. Ms Burton asked the Ta´naiste and Mini- portionate and inordinate amount of staff time ster for Justice, Equality and Law Reform the and effort to prepare and could not be justified number of prisoners held by the Prison Service as in current circumstances where there are other of 1 September 2006; and if he will make a state- significant demands on resources. However, I can \ ment on the matter. [30526/06] advise the Deputy that 2.37 m was expended on the administration of the Community Service Ta´naiste and Minister for Justice, Equality and Order Scheme during 2005, that figure does not Law Reform (Mr. McDowell): I am informed by include professional, administrative or other the Director General of the Irish Prison Service ancillary costs. I can further advise the Deputy that there were 3,080 prisoners in custody on 1 that 1,167 Orders were made in 2005 of which September, 2006 which equates to approximately 449 persons completed the full number of hours 91% of the total bed capacity. specified in their Order in that year. The Deputy will be aware that, section 7(2) of the Criminal Justice (Community Service) Act, Departmental Expenditure. 1983 allows an offender, in respect of whom a 222. Ms Burton asked the Ta´naiste and Mini- community service order is made, twelve months ster for Justice, Equality and Law Reform the to complete his/her specified hours beginning on average cost of maintaining a prisoner in custody the date an Order was made. 1433 Questions— 3 October 2006. Written Answers 1434

Garda Communications. ster for Justice, Equality and Law Reform if an application for a holiday visa for a person (details 224. Mr. Gregory asked the Ta´naiste and Mini- supplied) has been received by his Department; ster for Justice, Equality and Law Reform his and when he expects a decision on same. views on the introduction of the recording of all [30744/06] telephone calls to Garda stations and the replies given in the interests of greater efficiency and Ta´naiste and Minister for Justice, Equality and public confidence in the Garda; and if he will Law Reform (Mr. McDowell): The application make a statement on the matter. [30575/06] referred to by the Deputy was received in the Dublin Visa Office on 28th September, 2006 and Ta´naiste and Minister for Justice, Equality and is awaiting examination by a Visa Officer. A Law Reform (Mr. McDowell): An Garda Sı´och- decision in respect of this application will be a´na currently records Garda radio traffic and made in the coming weeks. emergency 112/999 calls. An Garda Sı´ocha´na depends on the public to provide information to assist in preventing and Prison Visits. detecting crime and such information is provided 228. Mr. Haughey asked the Ta´naiste and Mini- on a confidential basis, often by telephone. ster for Justice, Equality and Law Reform the Prisoners detained in custody in Garda Stations policy on physical contact between prisoners and are entitled to telephone their family and their visitors at Cloverhill Prison; if flexibility will be legal representatives and such calls are made in shown in cases where visitors cannot hear the private. prisoners; and if he will make a statement on the I am not aware of any plans to record all tele- matter. [30745/06] phone calls to Garda stations. Ta´naiste and Minister for Justice, Equality and Prison Building Programme. Law Reform (Mr. McDowell): I have been informed by the Director General of the Irish 225. Mr. Stanton asked the Ta´naiste and Mini- Prison Service that the norm in Cloverhill Prison ster for Justice, Equality and Law Reform further is that, with the exception of professional visits, to Parliamentary Question No. 412 of 20 June all visitors are separated from prisoners by a 2006, the estimated construction cost of the pro- screen. There are specific visiting booths, posed new bridge to Spike Island; when construc- equipped with telephones, which are available to tion is expected to begin; and if he will make a prisoners or visitors who experience hearing diffi- statement on the matter. [30683/06] culties. This policy is, in my view, an important tool in preventing contraband from entering the 226. Mr. Stanton asked the Ta´naiste and Mini- prison system. The Governor of Cloverhill Prison ster for Justice, Equality and Law Reform further does, however, have the discretion to authorise to Parliamentary Question No. 412 of 20 June special open visits having had regard to a number 2006, the stage the planning procedures and of factors such as the behaviour of a prisoner and assessment of environment and other related the individual circumstances of any particular issues regarding the construction of a bridge to prisoner or visitor including facilitating persons Spike Island are at; when a planning notice is with hearing difficulties. expected to be lodged; and if he will make a state- ment on the matter. [30684/06] Question No. 229 answered with Question No. 217. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I propose to take Internet Usage. Questions Nos. 225 and 226 together. I am advised by the Office of Public Works that 230. Mr. Durkan asked the Ta´naiste and Mini- the appropriate planning procedure for a bridge ster for Justice, Equality and Law Reform if, in to Spike Island which will address environmental this country or throughout the EU, efforts are concerns and other issues will commence shortly. being made to deter the use of the Internet for The entire project, including detailed design, the pursuit of child pornography or people traf- tendering, commissioning and construction will ficking; and if he will make a statement on the take between 18 months and two years and build- matter. [30748/06] ing is expected to commence in 2007. The Deputy will appreciate, that as this project Ta´naiste and Minister for Justice, Equality and is close to tender stage, it would not be appro- Law Reform (Mr. McDowell): By its very nature, priate for me to release any cost estimates as such the internet lends itself to being used for a wide information is of a commercially sensitive nature range of criminal activities. This can include at this time. illegal pornography, racist or hate materials, fin- ancial fraud, intimidation or any other criminal activity carried out via the internet. Combating Visa Applications. such illegal, harmful and predatory use of the 227. Mr. Kehoe asked the Ta´naiste and Mini- internet requires a response at national, EU and 1435 Questions— 3 October 2006. Written Answers 1436

[Mr. McDowell.] there is evidence to support a prosecution crimi- wider international levels. The internet is an nal proceedings are commenced, as directed by international and world-wide phenomenon with the Law Officers. I am further informed by the no borders and no single organisation controlling Garda Authorities that staff from the Computer it. Measures to combat illegal materials and Crime Investigation Unit (CCIU) in the Garda activities on the internet are, therefore, hampered Bureau of Fraud Investigation participate in by a multiplicity of jurisdictions, differing legal numerous fora where crime prevention advice is systems, and differing societal norms. Further- given to companies and members of the public on more, new developments in communications the safe use of the internet. The Unit provides technologies allowing for internet access by new support to the many operations by other national means are a regular occurrence. These are largely and local units in targeting paedophiles and positive developments but also bring particular others suspected of downloading child pornogra- challenges for those charged with protecting phy in Ireland. Members of An Garda Sı´ocha´na against the downsides of the internet. attached to the National Bureau of Investigation A combination of responses, and the co-oper- augment these units as the volume of work ation of all the stakeholders, at both national and requires. Computer forensics are carried out by international level — legislators, law enforce- the members attached to the Domestic and Sex- ment, schools, child protection practitioners, ual Assault Unit and also by members attached parents and guardians — is essential. My Depart- to the Garda Bureau of Fraud Investigation utilis- ment is fully committed to playing its part in a ing up-to-date forensic software. proactive way. In terms of legislation, in the Child On the structural side, the Government estab- Trafficking and Pornography Act, 1998, Ireland lished a working Group in 1997 to examine and has one of the most robust pieces of legislation report on the whole question of the illegal and anywhere. Under the Act, the possession, distri- harmful use of the internet with particular refer- bution, importation and exportation or sale of all ence to child pornography. The Report of the forms of child pornography — films, video or Working Group on the Illegal and Harmful Use material in written or auditory form including of the Internet was published in July 1998. The material produced or transmitted via the internet main recommendation of the Report was for a — are offences with penalties of up to 14 years’ system of self-regulation by the Internet Service imprisonment. Mere possession of child por- Provider industry and the components of such a nography can be punishable by imprisonment for system were to include an Internet Advisory up to 5 years. Using a child or allowing a child to Board (IAB) — established Feb 2000 — to pro- be used for the production of child pornography mote awareness of Internet downside issues, co- is also punishable by up to 14 years’ ordinate efforts to combat child pornography on imprisonment. the Internet and monitor the progress of self The EU Council adopted a Framework regulation by the Internet Service Provider indus- Decision on Combating the Sexual Exploitation try; a Public Hotline for reporting child pornogra- of Children and Child Pornography on 22 phy (established 1999 and funded by the December 2003. While I have indicated that the industry); and an industry Code of Practice and Child Trafficking and Pornography Act 1998 is a Ethics setting out the duties and responsibilities particularly robust legislative measure, this of each Internet Service Provider (agreed Framework Decision requires some relatively February 2002 and reviewed in 2004). minor amendments to our legislation and these The Internet Advisory Board oversees and are contained in the Criminal Law (Trafficking monitors progress on anti-child pornography in Persons and Sexual Offences) Bill which is at measures, and supervises a self-regulatory regime present being drafted in the Office of the for the Irish Internet Service Provider industry. Parliamentary Counsel. Among the provisions of The self-regulatory approach to Internet regu- the Bill is one that prohibits the sale of children, lation has been adopted world-wide, and the including through a computer system, for the pur- Internet Advisory Board helps and supports the pose of the sexual or labour exploitation of a Irish Internet Service Provider industry to deliver child and other provisions will prohibit the sexual an effective self-regulation environment, in grooming of children, including by means of com- accordance with an agreed Code of Practice and munication through the Internet. Ethics for the industry. The Irish Code of Practice I am informed by the Garda Authorities that and Ethics is recognised throughout Europe as a they monitor child pornography on the internet model of its type. The Internet Advisory Board’s and where evidence is available action is taken in brief also extends to general downside issues on accordance with legislation. Similarly, where evi- the internet, including general safety for children dence becomes available that the internet is used while on-line, the conduct of research and infor- for trafficking of human beings action will also mation campaigns. The Hotline (www.hotline.ie), be taken to apprehend those responsible. Other funded by the Internet Service Providers’ Associ- incidents of child pornography or trafficking in ation of Ireland with support from the EU Safer human beings coming to the attention of An Internet Action Plan, was launched in November Garda Sı´ocha´na are fully investigated and where 1999 and has been operating since that time. 1437 Questions— 3 October 2006. Written Answers 1438

Special protocols operate between the Gardaı´ decision in the near future. This remains the and the Hotline that maximise co-operation on position. law enforcement issues so that offences in the area of child pornography can be detected and Refugee Status. prosecuted. The Hotline works closely with, and ´ is a founding member of, the international 232. Caoimhghı´nOCaola´in asked the Ta´naiste INHOPE Association (www.inhope.org), a net- and Minister for Justice, Equality and Law work of European hotlines which is expanding to Reform if he has received correspondence from all parts of the world. The INHOPE Association a person (details supplied) on the difficulties develops procedures and shares information on posed to refugees by widespread non-recognition the best practices for the tracing and tracking of of the Irish travel document issued to them; his illegal child pornography. International co-oper- views on the correspondence and in particular on ation is a vital part of the fight against pornogra- the comparison made to the travel document phy on the internet, and Ireland is fully commit- issued by the British Government; and if he will ted to playing its part. make a statement on the matter. [30750/06] In September 2001, the Council of Europe Ministers’ Deputies approved the first inter- Ta´naiste and Minister for Justice, Equality and national Convention on Cybercrime. Ireland Law Reform (Mr. McDowell): The correspon- signed up to the Convention in June 2002. The dence that the Deputy refers to has not been main objective of the Convention is to foster received and I am not aware of widespread non- international co-operation in protecting society recognition of the Irish travel document. Travel against cybercrime. The Convention deals specifi- documents issued by my Department to persons cally with the distribution of child pornography granted refugee status are done so under the pro- on the internet, infringements of copyright, com- visions of the Refugee Act 1996 which incorpor- puter related fraud and violations of network ates the 1951 Convention on the Status of Refu- security. On 15 September 2006, I announced that gees. Such documents issued are in compliance Government approval had been obtained to the with the agreed guidelines set out in that Conven- drafting of the Criminal Justice (Miscellaneous tion. However, I can inform the Deputy that Provisions) Bill. This Bill is being used to give arrangements are in train to update, from a secur- effect to a number of international instruments ity perspective, the travel document issued to per- including the Council of Europe Convention on sons granted refugee status in the State under the Cybercrime 2001. The European Union has taken Refugee Act 1996. a strong line on combatting pornography on the Internet. Since 1999, under the Safer Internet Citizenship Applications. Action Plan, the EU has provided financial and other supports for measures in the member states 233. Mr. Curran asked the Ta´naiste and Mini- to combat illegal and harmful uses of the internet, ster for Justice, Equality and Law Reform when with particular emphasis on protecting children. a decision will be made regarding an application A new EU action plan — Safer Internet Plus — by a person (details supplied) in County Dublin covering the period 2005 to 2008 and with a for naturalisation in view of the fact that the per- budget of \45m, was agreed under the Irish Presi- son has been resident here for more than 60 dency in June 2004 and is now in operation. My months. [30751/06] Department is represented at the management committee for the programme. My Department is Ta´naiste and Minister for Justice, Equality and fully committed to co-operating with and promot- Law Reform (Mr. McDowell): An application for ing these measures nationally, at EU level and a certificate of naturalisation from the person the wider international level. referred to in the Deputy’s question was received in the Citizenship section of my Department on Citizenship Applications. 24 May, 2006. Applications are currently taking approximately twenty-four months to process. It 231. Mr. P. Breen asked the Ta´naiste and Mini- is likely therefore that the case will be forwarded ster for Justice, Equality and Law Reform the to me for the decision around mid 2008. I will status of an application for naturalisation for a advise both the Deputy and the person concerned person (details supplied) in County Clare; and if when I have arrived at a decision in the case. he will make a statement on the matter. [30749/06] Question No. 234 answered with Question No. 217. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I refer the Deputy Departmental Correspondence. to my reply to Parliamentary Question No. 692 of 25 April, 2006 wherein I indicated that processing 235. Mr. Costello asked the Ta´naiste and Mini- of the application for a certificate of naturalis- ster for Justice, Equality and Law Reform his ation for the person concerned has commenced views on correspondence (details supplied); if he and that the file will be presented to me for a will meet with the author of the correspondence; 1439 Questions— 3 October 2006. Written Answers 1440

[Mr. Costello.] Tallaght gardaı´ to allow them deal effectively and if he will make a statement on the matter. with the vandalism and anti-social behaviour [30753/06] highlighted at a recent public meeting (details supplied); his views on the concern of the local 236. Mr. Rabbitte asked the Ta´naiste and community; and if he will make a statement on Minister for Justice, Equality and Law Reform the matter. [30833/06] the steps taken on foot of correspondence received by him from a person (details supplied) Ta´naiste and Minister for Justice, Equality and in County Galway alleging that they witnessed Law Reform (Mr. McDowell): I have been assaults on prisoners in Store Street Garda informed by the Garda authorities, who are station in 2002; and if he will make a statement responsible for the detailed allocation of on the matter. [30754/06] resources, including personnel that the personnel strength (all ranks) of An Garda Sı´ocha´na Ta´naiste and Minister for Justice, Equality and increased to a record 12,762 on Friday 8 Law Reform (Mr. McDowell): I propose to take September following the attestation of 249 new Questions Nos. 235 and 236 together. members. This compares with a total strength of I should inform the Deputies that I received 10,702 (all ranks) as at 30 June, 1997 and rep- representations from the person concerned in resents an increase of 2,060 (or 19%) in the per- July and September of 2004. I referred the corre- sonnel strength of the Force during that period. spondence to the Garda authorities for their The Garda Budget now stands at \1.3 billion, a views. The Garda authorities stated that all 13% increase on 2005 and an 85% increase since matters raised were fully investigated and it was 1997 in real terms. found that there was no evidence to support the I have been further informed by the Garda claims made. In relation to the correspondence authorities that local Garda management are to which the Deputies now refer, I received new satisfied that resources allocated to Tallaght correspondence from the person concerned in the Garda Station are reviewed on an on-going basis past week. I have sent it on to the Garda Com- and are deployed in-line with demand and crime missioner for his observations and I will keep the trends, to ensure that a quality service is provided deputies informed of any further developments. I to the local community. The total strength of do not see that any useful purpose would be Tallaght Garda Station as at 2 October, 2006 was served by meeting with the author of the corre- 173 (all ranks). The total strength of Tallaght spondence at this point. Garda Station as at 31 December, 1997 was 133 (all ranks). This represents an increase of 40 (or Question No. 237 answered with Question No. 217. 30%) in the number of personnel allocated to Tallaght Garda Station since that date. The area referred to, is patrolled by uniform and plain- Citizenship Applications. clothes Gardaı´ supplemented by Divisional 238. Mr. Costello asked the Ta´naiste and Mini- Crime Task Force Units, Divisional Traffic Corps ster for Justice, Equality and Law Reform if a and District and Divisional Drug Units in con- decision regarding the application of a person junction with District Community Policing Unit (details supplied) for naturalisation has been and the Garda Mountain Bike Unit. made; and if he will make a statement on the I have also been informed by the Garda auth- matter. [30757/06] orities that uniform patrols, mobile and foot, pay particular attention to areas where youths tend to Ta´naiste and Minister for Justice, Equality and congregate including green areas, licensed venues Law Reform (Mr. McDowell): An application for and fast-food outlets. Garda Management state a certificate of naturalisation from the person that Operation ‘Encounter’ was put in place by referred to in the Deputy’s question was received the Commissioner in February, 2002 to target in the Citizenship Section of my Department on offences under the Criminal Justice (Public 28 July, 2004. I understand that processing of the Order) Acts and the Intoxicating Liquor Acts. application has commenced and that the case file Garda authorities state that the current policing will be submitted to me for a decision in due plans in the area are designed to achieve, inter course. I will advise the Deputy and the person alia, the prevention of anti-social and public in question once I have reached a decision on order offences; the prevention of crime including the application. crimes of violence against persons and property and the maintenance of an environment con- Question No. 239 answered with Question ducive to the improvement of quality of life for No. 217. the residents. This strategy will continue to be central to the delivery of a policing service to the Garda Operations. area. It is the responsibility of Garda manage- 240. Mr. O’Connor asked the Ta´naiste and ment to allocate personnel to and within Div- Minister for Justice, Equality and Law Reform isions on a priority basis in accordance with the if he will make additional resources available to requirements of different areas. These personnel 1441 Questions— 3 October 2006. Written Answers 1442 allocations are determined by a number of factors son (details supplied) in County Wexford; and if including demographics, crime trends, adminis- he will make a statement on the matter. trative functions and other operational policing [30861/06] needs. Such allocations are continually monitored and reviewed along with overall policing arrange- Ta´naiste and Minister for Justice, Equality and ments and operational strategy. This ensures that Law Reform (Mr. McDowell): Officials in my optimum use is made of Garda resources, and Department have recently corresponded with the that the best possible service is provided to the person in question in order to further process her public. application for permission to remain in the State I should add that the current recruitment drive on the basis of marriage to an Irish national. The to increase the strength of the Garda Sı´ocha´na to case is currently under active consideration. A 14,000 members, in line with the commitment in decision will be made when all the circumstances the Agreed Programme for Government, is fully relevant to the case have been fully considered. on target. This will lead to a combined strength, It should be noted that marriage to an Irish of both attested Gardaı´ and recruits in training, national does not confer an automatic right of of 14,000 by the end of this year. The first three residence in the State. It should be further noted groups of newly attested Gardaı´ under this accel- that there is now no separate procedure to make erated recruitment programme came on stream in an application for permission to remain in the March, June and September of this year and the State on the sole basis of parentage an Irish fourth such group will become fully attested born child. members of the Force later this year. Further tranches of approximately 275 newly attested Asylum Applications. Gardaı´ will follow every 90 days thereafter until 244. Mr. Howlin asked the Ta´naiste and Mini- the programme is complete. The Garda Com- ster for Justice, Equality and Law Reform the missioner will now be drawing up plans on how status of a person (details supplied) in County best to distribute and manage these additional Wexford who has applied for permission to reside resources, and in this context the needs of the here; and if he will make a statement on the area referred to by the Deputy will be given the matter. [30862/06] fullest consideration. Ta´naiste and Minister for Justice, Equality and Question No. 241 answered with Question Law Reform (Mr. McDowell): The person in No. 170. question arrived in the State on 13 November, 1996 and applied for asylum. Her application was Visa Applications. refused following consideration of her case by Asylum Division. The person in question was 242. Mr. N. O’Keeffe asked the Ta´naiste and granted temporary leave to remain in the State Minister for Justice, Equality and Law Reform on 10 June, 2002, and this was renewed in 2004 the position regarding a written applicant to his and 2005. Her current permission to remain in the Department by a person (details supplied) in State expired on 23 August, 2006. The person in County Cork to extend their visa to remain here question has submitted an application to have her with their spouse. [30860/06] permission to remain in the State renewed and I expect a decision to issue from my Department Ta´naiste and Minister for Justice, Equality and shortly. Law Reform (Mr. McDowell): An application for permission to remain in the State on the basis of Garda Stations. marriage to an Irish national was received from the person in question in August 2006. An 245. Mr. Deenihan asked the Ta´naiste and acknowledgement of receipt of the application Minister for Justice, Equality and Law Reform was issued to the person concerned on 4 the position regarding the acquisition of a site for September 2006. Applications of this type, in fair- a new Garda station at Tralee, County Kerry; and ness to all other such applicants, are dealt with in if he will make a statement on the matter. strict chronological order and currently take [30880/06] approximately twelve months to process. It should be noted that marriage to an Irish national Ta´naiste and Minister for Justice, Equality and does not confer an automatic right of residence Law Reform (Mr. McDowell): There are plans to in the State. build a new Divisional Headquarters Garda station in Tralee, Co. Kerry. To this end, the Office of Public Works is currently engaged in Residency Permits. the process of identifying a suitable site for the 243. Mr. Howlin asked the Ta´naiste and Mini- construction of the new station. Until the Office ster for Justice, Equality and Law Reform the of Public Works have acquired a suitable site it is status of an application for permission to live and not possible for me to indicate a commencement work here, by virtue of marriage to an Irish citi- date for construction. I can, however, assure the zen and parentage of an Irish born child, of a per- Deputy that there will be no avoidable delay in 1443 Questions— 3 October 2006. Written Answers 1444

[Mr. McDowell.] 249. Mr. Gregory asked the Ta´naiste and Mini- addressing the accommodation needs of the ster for Justice, Equality and Law Reform if the Gardaı´ in Tralee. Birmingham Report on the Dean Lyons case will be circulated to Houses of the Oireachtas Question No. 246 answered with Question Members. [30885/06] No. 170. Ta´naiste and Minister for Justice, Equality and Garda Deployment. Law Reform (Mr. McDowell): The Report of the Commission of Investigation (Dean Lyons Case) 247. Mr. Gregory asked the Ta´naiste and Mini- is available on the website of my Department. I ster for Justice, Equality and Law Reform the have made arrangements for a number of copies number and rank of the Gardaı´ in the drug unit to be placed in the Oireachtas library. based at Blanchardstown Garda Station; if there are additional drug units in the sub-stations at Cabra and Finglas; if not, if one unit is considered Garda Review. adequate to deal with major drug crime in all 250. Mr. Gregory asked the Ta´naiste and Mini- three areas; and if he will make a statement on ster for Justice, Equality and Law Reform the the matter. [30883/06] findings of the cold case review of the forensic evidence arising from the Grangegorman mur- Ta´naiste and Minister for Justice, Equality and ders; if DNA evidence will be checked against a Law Reform (Mr. McDowell): I have been sample from the second person to admit to these informed by the Garda authorities that there is murders; and if he will make a statement on the one Sergeant and eight Gardaı´ currently allo- matter. [30886/06] cated to Blanchardstown Drug Unit which also covers the sub-districts of Finglas and Cabra. Ta´naiste and Minister for Justice, Equality and Enforcement of drug legislation is a matter for all Law Reform (Mr. McDowell): The cold case members of An Garda Sı´ocha´na and the District review of the forensic evidence arising from the Drug Unit is supplemented by uniformed and Grangegorman murders is ongoing and any plain-clothes units in the District and the Div- matters arising will be fully investigated. isional Crime Task Force Units and Traffic Corps Units, as well as the Community Policing Unit Licence Application. and Mountain Bike Unit. In addition, the Garda National Drug Unit which holds the national 251. Ms O’Sullivan asked the Ta´naiste and remit for targeting networks involved in the sale Minister for Justice, Equality and Law Reform and distribution of illegal drugs works with local when a decision will be made on an application Drugs Units, as well as other National Units, to his Department by a person (details supplied) including the Criminal Assets Bureau, targeting for a change of name licence which was submitted those responsible for the sale and supply of illicit approximately one year ago; and if he will make substances in local communities. a statement on the matter. [30998/06] I am assured by the Garda authorities that local Garda Management closely monitors District and Ta´naiste and Minister for Justice, Equality and Divisional crime trends and continue to regularly Law Reform (Mr. McDowell): This application review personnel, on the basis of policing was received in my Department in November requirements. 2005. The Department subsequently requested clarification of details of the application from the Commissions of Investigation. person in question. Following an examination of the documentation submitted a decision has been 248. Mr. Gregory asked the Ta´naiste and Mini- made and the person concerned has been notified ster for Justice, Equality and Law Reform further of same. to the Birmingham Report on the Dean Lyons case, the steps he will take to meet the outstand- Residency Permits. ing concerns of the families and relatives of Dean Lyons and of the murder victims of Grange- 252. Ms O’Sullivan asked the Ta´naiste and gorman; and if he will make a statement on the Minister for Justice, Equality and Law Reform matter. [30884/06] when he expects a decision to be made on an application for residency to his Department by a Ta´naiste and Minister for Justice, Equality and person (details supplied) in County Limerick; and Law Reform (Mr. McDowell): I have published if he will make a statement on the matter. the findings of the Birmingham Commission of [30999/06] Investigation and I accept them. Nevertheless, I am willing to consider further concerns which the Ta´naiste and Minister for Justice, Equality and families may wish to express to me in writing. I Law Reform (Mr. McDowell): An application for will consider taking any action which is reason- long term residency from the person referred to ably practicable and justifiable to ameliorate by the Deputy was received on the 12th May those concerns. 2006. The position in relation to granting long 1445 Questions— 3 October 2006. Written Answers 1446 term residency is as follows: persons who have I should add that the current recruitment drive been legally resident in the State for over five to increase the strength of the Garda Sı´ocha´na to years on the basis of work permit/work 14,000 members, in line with the commitment in authorisation/work visa conditions may apply to the Agreed Programme for Government, is fully the Immigration Division of my Department for on target. This will lead to a combined strength, a five year residency extension. In that context of both attested Gardaı´ and recruits in training, they may also apply to be exempt from employ- of 14,000 by the end of this year. The first three ment permit requirements. The dependants of the groups of newly attested Gardaı´ under this accel- aforementioned, who have been legally resident erated recruitment programme came on stream in in the State for over five years may also apply March, June and September of this year and the for long term residency. This particular long term fourth such group will become fully attested permission does not exempt the person from members of the Force later this year. Further employment permit requirements. Time spent in tranches of approximately 275 newly attested the State on student conditions cannot be coun- Gardaı´ will follow every 90 days thereafter until ted towards long term residency. I understand the programme is complete. The Garda Com- that applications received in April 2006 are cur- missioner will now be drawing up plans on how rently being dealt with. As soon as a decision is best to distribute and manage these additional made on the case, both the Deputy and the per- resources, and in this context the needs of the son concerned will be notified. areas referred to by the Deputy will be given the fullest consideration. Garda Deployment. Crime Levels. 253. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the 254. Mr. Durkan asked the Ta´naiste and Mini- number of extra Gardaı´ deployed to each station ster for Justice, Equality and Law Reform if the throughout the Greater Dublin area (details extent of the activity of organised criminal gangs supplied) in the past five years; if this is in accord- represents the sting of a dying wasp or an escal- ance with the requirement in the respective ation of crime; and if he will make a statement stations with particular reference to enable on the matter. [31058/06] increased patrolling, especially in areas with high Tanaiste and Minister for Justice, Equality and crime records; and if he will make a statement on ´ Law Reform (Mr. McDowell): One of the the matter. [31057/06] Government’s top policing priorities for 2006 remains that of organised crime, including drug Ta´naiste and Minister for Justice, Equality and trafficking, and the gun culture associated with it. Law Reform (Mr. McDowell): The detailed infor- Tackling organised crime is achieved through the mation requested by the Deputy is not yet to use of specialist units and targeted, intelligence- hand. I will communicate it to him as soon as pos- led operations. An Garda Sı´ocha´na employ a sible. I have been informed by the Garda auth- range of techniques and expertise in the fight orities, who are responsible for the detailed allo- against organised crime. The establishment of cation of resources, including personnel, that the specialist Garda units, operating under the Assist- personnel strength (all ranks) of An Garda Sı´och- ant Commissioner in charge of National Support a´na increased to a record 12,762 on Friday, 8 Services, has enabled An Garda Sı´ocha´na to September, 2006, following the attestation of 249 tackle organised crime effectively. new members. This compares with a total The National Bureau of Criminal Investigation strength of 10,702 (all ranks) as at 30 June, 1997 is the Garda specialist unit tasked with the role and represents an increase of 2,060 (or 19%) in of tackling organised crime. It carries out this role the personnel strength of the Force during that by conducting intelligence-driven operations in \ period. The Garda Budget now stands at 1.3 close co-operation with other specialist units billion, a 13% increase on 2005 and an 85% including the Garda National Drugs Unit, the increase since 1997 in real terms. Garda Bureau of Fraud Investigation and the It is the responsibility of Garda management to Criminal Assets Bureau. I have been informed by allocate personnel to and within Divisions on a the Garda authorities, who are responsible for the priority basis in accordance with the require- detailed allocation of resources, including person- ments of different areas. These personnel allo- nel, that the personnel strength (all ranks) of An cations are determined by a number of factors Garda Sı´ocha´na increased to a record 12,762 on including demographics, crime trends, adminis- Friday, 8 September, 2006, following the attest- trative functions and other operational policing ation of 249 new members. The increase in garda needs. Garda management state that such allo- numbers which has been achieved will permit cations are continually monitored and reviewed senior garda management to deploy these extra along with overall policing arrangements and resources to target areas of concern. operational strategy. This ensures that optimum In financial terms, An Garda Sı´ocha´na has use is made of Garda resources, and that the best never been as well resourced, with the 2006 possible service is provided to the public. budget reaching a historic high of \1.310 billion. 1447 Questions— 3 October 2006. Written Answers 1448

[Mr. McDowell.] Garda Operations. In particular, the 2006 overtime allocation has 255. Mr. Durkan asked the Ta´naiste and Mini- risen to \83.5m which represents a major increase ster for Justice, Equality and Law Reform the of 36.6% over the allocation of \61.1m for 2005. amount of money laundering operations or out- This increase will allow An Garda Sı´ocha´na to lets which have been identified; if investments in further intensify its crime detection and investi- such are adequately tracked by way of the avail- gation capabilities. The Garda authorities are ability of adequate resources to the Gardaı´; and satisfied that the technology required to assist in if he will make a statement on the matter. the fight against crime is available to them. An [31059/06] Garda Sı´ocha´na constantly evaluate all available technology with a view to determining the tech- Ta´naiste and Minister for Justice, Equality and nology best suited to their needs. Significant Law Reform (Mr. McDowell): The motivation of resources are being invested in technology for the most criminals and their organisations is to profit Gardaı´ to assist them in the exercise of all their from their illicit activities. I am informed by the functions. The capital allocation for IT in 2006 is Garda Authorities that serious and organised \33.323 million. The allocation for communi- criminal groups employ money-laundering tech- cations is \12.9 million. niques to facilitate the re-introduction of the pro- Operation Anvil commenced in the Dublin ceeds of their criminal activity into circulation. As Metropolitan Region on 17 May, 2005. This is an investigations into money laundering operations intelligence led policing initiative, the focus of are often intrinsically linked with investigations which is the targeting of active criminals and their into other aspects of organised crime, it is not associates involved in serious crime by preventing possible to definitively state the number of oper- and disrupting this criminal activity through ations or outlets that have been identified. extensive additional overt patrolling and static I am further informed that investigations check points by uniform, mobile and foot patrols carried out by An Garda Sı´ocha´na, including by supported by armed plain clothes patrols. The the Garda Bureau of Fraud Investigation, the operation remains in place and on-going in the Garda National Drugs Unit, the National Bureau Dublin Metropolitan Region and has been of Criminal Investigation and the Criminal Assets extended nationwide in 2006. Bureau, which now has officers in every Garda Outside the Dublin Metropolitan Region, a Division, monitor criminal activity which gener- series of special operations, prepared by senior ates proceeds from crime, financial or otherwise, Garda managers and designed to focus on areas and may have attendant money laundering and incidents of high crime, are also in place. schemes. Operation Anvil has been proved to be very suc- I am assured that senior Garda management cessful in disrupting the criminal activities of a closely monitor and regularly review the allo- number of key criminal gangs and families and cation of personnel to ensure that resources are has resulted in a number of high-profile arrests deployed in the most efficient manner possible. and the collation of intelligence on the move- ments of criminals being targeted under special initiatives arising from Operation Anvil. Crime Levels. In addition, the Garda Commissioner, in 256. Mr. Durkan asked the Ta´naiste and Mini- November 2005, augmented the Organised Crime ster for Justice, Equality and Law Reform the Unit at the National Bureau of Criminal Investi- number of incidents of gun crime detected in the gation with an additional 55 Gardaı´ to address past 12 months; the number of prosecutions; if the problem of criminal gang activity. Operations bail was sought, opposed or granted in any, all carried out by the unit have resulted in firearms or none of the cases; if bail is available to the being seized and a number of persons arrested, perpetrators of such serious crimes; and if he will thereby disrupting their criminal activities. In make a statement on the matter. [31060/06] terms of the Government’s legislative response, it is widely acknowledged that our legislative pack- Ta´naiste and Minister for Justice, Equality and age for tackling serious and organised crime is Law Reform (Mr. McDowell): I regret that it has already one of the toughest in Europe. The not been possible in the time available to obtain recently introduced Criminal Justice Act provides the information requested by the Deputy. I will a comprehensive package of further anti-crime be in touch with the Deputy in relation to this measures which will help enhance the powers of matter when it becomes available. the Gardaı´ in the investigation and prosecution of offences. Finally, I can assure the House that I Courts Service. am in regular contact with the Garda Com- missioner in order to keep the measures and 257. Mr. Durkan asked the Ta´naiste and Mini- resources for tackling serious crime under con- ster for Justice, Equality and Law Reform if the tinuing review, and to this end I will continue to Courts Service has adequate resources to process ensure that every necessary resource is made cases quickly and efficiently; and if he will make available to An Garda Sı´ocha´na. a statement on the matter. [31061/06] 1449 Questions— 3 October 2006. Written Answers 1450

Ta´naiste and Minister for Justice, Equality and through closure; the number of spaces now Law Reform (Mr. McDowell): As the Deputy will required; the reason it was not possible to con- appreciate, the Courts Service is responsible for tinue with the use of the Curragh and Spike the day to day management of the courts and I Island until such time as alternative space was am responsible for ensuring that the Service is provided in view of his statement to the effect adequately funded. The Estimates for 2006 that the revolving door in the prison system has include \19.6m to enable the Service to continue been abolished, and the fact that at least two its ambitious nationwide programme of Court- prisons have closed down; and if he will make a house renovation and refurbishment. Ten signifi- statement on the matter. [31063/06] cant projects are either underway or will com- mence this year. Negotiations are currently 260. Mr. Durkan asked the Ta´naiste and Mini- underway between the Courts Service and the ster for Justice, Equality and Law Reform the preferred tenderer for the new PPP Criminal number of prison spaces lost to the system Court Complex. through the closure of the Curragh and Spike Since 2002, the statutory maximum number of Island; the way these spaces have been made up; ordinary judges of the Supreme, High, Circuit if this is done by way of multiple occupancy of and District Courts has increased from 108 to 128, existing cells or otherwise; if early release is now an increase of 20 judicial positions. The being used as a vehicle to create extra space; and additional judicial resources provided have if he will make a statement on the matter. greatly strengthened the capacity of the courts [31064/06] system to meet the demands placed on it and I am keeping the need for further judicial resources Ta´naiste and Minister for Justice, Equality and under review. In addition, this year’s estimates Law Reform (Mr. McDowell): I propose to take include \9.4m to support major IT modernisation Questions Nos. 259 and 260 together. initiatives such as the Civil Case Management The Deputy will be aware that the closure of System, the delivery of court services by elec- the Curragh and Fort Mitchel was as a result of a tronic means and courtroom technology Government decision in November, 2003 approv- upgrades. I am confident that the level of funding ing a series of measures to be taken on a rolling provided to the Courts Service is adequate to basis with effect from 1 January, 2004 in the event maintain existing levels of service. of failure to reach agreement with the Prison Having regard to the statutory independence of Officers’ Association on a change agenda aimed the Courts Service, the Deputy will appreciate at eliminating overtime payments and reducing that it is a matter for the Service to decide how other costs in the Irish Prison Service. I made it the funding provided is specifically allocated. The quite clear at that time that the Irish Prison funding provided allows the Service to implement Service could not continue to spend public money its strategic plans and policies and I am confident to feed a chronic overtime culture while sustain- that the level of funding provided is adequate, not ing outdated and inefficient work practices. only to maintain the existing levels of service, but These closures coincided with the opening of a also to provide for their improvement. new wing in Limerick Prison and an unused wing in the Midlands Prison. The opening of these Court Staff. spaces was facilitated by transfer of staff from the Curragh and Fort Mitchel and the new spaces 258. Mr. Durkan asked the Ta´naiste and Mini- compensated for the closures of the Curragh and ster for Justice, Equality and Law Reform if the Fort Mitchel. I can also advise that construction number of judges at all levels is sufficient to meet of new prison spaces is underway at Portlaoise current requirements; and if he will make a state- Prison, Castlerea Prison, Loughan House and ment on the matter. [31062/06] Shelton Abbey and an additional 25 new spaces are already available at Loughan House. The Ta´naiste and Minister for Justice, Equality and Deputy will also be aware of my plans for new Law Reform (Mr. McDowell): Since 2002, the prison complexes in North Dublin and Munster. statutory maximum number of ordinary judges of The total number of prisoners in custody on the Supreme, High, Circuit and District Courts 28 September, 2006 was 3,158 compared to a bed has increased from 108 to 128, an increase of 20 capacity of 3,383. There is consequently no need judicial positions. The additional judicial for the widespread use of early release simply to resources provided have greatly strengthened the ease overcrowding levels. This is in stark contrast capacity of the courts system to meet the to the situation which prevailed in the mid-1990’s demands placed on it and I am keeping the need where the scandal of the “revolving door” was at for further judicial resources under review. its height.

Prison Accommodation. Court Procedures. 259. Mr. Durkan asked the Ta´naiste and Mini- 261. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the ster for Justice, Equality and Law Reform the number of prison spaces lost to the prison service most common cause for the adjournment of 1451 Questions— 3 October 2006. Written Answers 1452

[Mr. Durkan.] Random searches of cells and their occupants Court cases; the number of adjournments for such and searching of correspondence and other items purposes in the past 12 months; and if he will have all intercepted significant quantities of con- make a statement on the matter. [31065/06] traband in recent years. When a person is admit- ted to prison custody, he or she is searched and Ta´naiste and Minister for Justice, Equality and prohibited items and money are taken. Similarly, Law Reform (Mr. McDowell): As the Deputy will searching takes place of prisoners returning from be aware, under the Courts Service Act, 1998, the court, temporary release or visits. Searches of Courts Service is independent in the performance prisoners also take place where their behaviour of its functions, which include the management of or information received raises suspicions that the courts and the provision of statistics. Statistics they may be in possession of contraband. The on adjournments are published in the Annual new prison estates at Thornton Hall and Spike Reports of the Courts Service, which are avail- Island will also make it harder for contraband to able in the Oireachtas Library. The most recent enter the prison over the perimeter walls by such report is in respect of the year 2005. means of locating recreation yards away from perimeter walls. Irish Prison Service. 262. Mr. Durkan asked the Ta´naiste and Mini- Garda Stations. ster for Justice, Equality and Law Reform the 263. Mr. Durkan asked the Ta´naiste and Mini- action which has been taken to prevent the run- ster for Justice, Equality and Law Reform the ning of crime syndicates or associated activities position in regard to the staffing and operation of from within the prison system; and if he will make the new Garda Station at Carbury, County a statement on the matter. [31066/06] Kildare; the intentions in respect of the former station; and if he will make a statement on the Ta´naiste and Minister for Justice, Equality and matter. [31067/06] Law Reform (Mr. McDowell): I am aware of reports which suggest that prisoners are running Ta´naiste and Minister for Justice, Equality and criminal syndicates from inside prison cells. I can Law Reform (Mr. McDowell): The information assure the Deputy that I am committed to imple- requested by the Deputy is currently being sought menting all appropriate measures to prevent the and will be forwarded to the Deputy in due possibility of such activity and to ensure that the course. contact that prisoners have with the outside world is tightly controlled and monitored. Garda Strength. Prisoner visits in all closed prisons are carefully controlled and held in sight of prison officers. In 264. Mr. Durkan asked the Ta´naiste and Mini- addition, new Visiting Card arrangements are in ster for Justice, Equality and Law Reform the place in almost all closed prisons whereby only extent to which Garda strength has been persons who have been pre-approved by the Gov- improved or otherwise at the various stations ernor are permitted to visit. Telephone calls in throughout County Kildare; the extent to which closed prisons are monitored by prison officers this is an improvement on the levels of five years and incoming and outgoing mail is subject to ago; and if he will make a statement on the examination by a prison censor. In addition, there matter. [31068/06] is regular contact between the Prison Service and An Garda Sı´ocha´na to discuss security issues and Ta´naiste and Minister for Justice, Equality and I can advise the Deputy that Gardaı´ will be con- Law Reform (Mr. McDowell): I have been tacted whenever any suspected criminal offence informed by the Garda authorities, who are has taken place. responsible for the detailed allocation of One of the major challenges in prisons today resources, including personnel that the personnel lies in preventing access to contraband items, pri- strength (all ranks) of An Garda Sı´ocha´na marily mobile phones and drugs, which for increased to a record 12,762 on Friday 8 obvious reasons, are viewed as highly valuable September following the attestation of 249 new commodities which could assist in illegal activity members. This compares with a total strength of from the prisoner cells. Efforts are made on a 10,702 (all ranks) as at 30 June, 1997 and rep- continuous basis to prevent the flow of such con- resents an increase of 2,060 (or 19%) in the per- traband into our prisons, by for example, the sonnel strength of the Force during that period. installation of nets over exercise yards, vigilant The Garda Budget now stands at \1.3 billion, a observation of prisoners by staff, upgraded 13% increase on 2005 and an 85% increase since CCTV monitoring, the use of screened visits and 1997 in real terms. the use of daily prisoner and cell searches. In I have been further informed by the Garda addition, the Prison Service are currently examin- authorities that the number of Garda personnel ing technological options for dealing with the use (all ranks) attached to each Garda Station in of mobile phones within prisons. County Kildare as at 31 December 2001 and as at 1453 Questions— 3 October 2006. Written Answers 1454

2 October 2006 was as set out in the table on target. This will lead to a combined strength, hereunder: of both attested Gardaı´ and recruits in training, of 14,000 by the end of this year. The first three Station 2001 2/10/06 groups of newly attested Gardaı´ under this accel- erated recruitment programme came on stream in Naas 76 90 March, June and September of this year and the Celbridge 19 20 fourth such group will become fully attested members of the Force later this year. Further Clane 6 7 tranches of approximately 275 newly attested Kill 3 3 Gardaı´ will follow every 90 days thereafter until Maynooth 14 15 the programme is complete. The Garda Com- Kildare 29 30 missioner will now be drawing up plans on how Robertstown 3 3 best to distribute and manage these additional Kilcullen 3 2 resources, and in this context the needs of County Kildare will be given the fullest consideration. Monasterevin 3 3 Newbridge 30 36 Garda Operations. Rathangan 2 2 Carbury 2 2 265. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform if he Athy 18 18 is satisfied that Garda strength and technology is Castledermot 1 2 adequate to meet the challenges of modern crimi- Ballytore 1 1 nal activities; and if he will make a statement on Ballymore Eustace 1 1 the matter. [31069/06] Leixlip 18 24 Ta´naiste and Minister for Justice, Equality and Kilcock 6 5 Law Reform (Mr. McDowell): With the huge Total 235 264 increase in investment in Garda resources under this Government, I am satisfied that Garda strength and technology is adequate to meet the This represents an increase of 29 (or 12%) in the challenges of modern society. I have been number of Garda personnel assigned to Garda informed by the Garda authorities, who are stations in County Kildare during that period. responsible for the detailed allocation of Garda Divisional boundaries do not always resources, including personnel, that the personnel correlate with County boundaries. Garda stations strength (all ranks) of An Garda Sı´ocha´na in County Kildare form part of the Carlow/ increased to a record 12,762 on Friday, 8 Kildare Division. However, not all Garda stations September, 2006, following the attestation of 249 within the boundary of County Kildare form part new members. This compares with a total of this Division, for instance Leixlip Garda strength of 10,702 (all ranks) as at 30 June, 1997 station forms part of the Dublin Metropolitan and represents an increase of 2,060 (or 19%) dur- Region. ing that period. The Garda Budget now stands at In addition, I would point out to the Deputy \1.3 billion, a 13% increase on 2005 and an 85% that the Garda resources for the Carlow/Kildare increase since 1997 in real terms. Division are further augmented by a number of In particular, the 2006 overtime allocation has Garda National Units such as the Garda National risen to \83.5m which represents an increase of Drugs Unit, the Garda National Immigration 36.6% over the allocation of \61.1m for 2005. Bureau (GNIB), the Criminal Assets Bureau This substantial increase in the overtime budget (CAB) and other specialised units. reflects in particular the continued implemen- It is the responsibility of Garda management to tation of Operation Anvil. An Garda Sı´ocha´na’s allocate personnel to and within Divisions on a general budgetary policy is aimed at securing priority basis in accordance with the require- increased efficiencies in the deployment of Garda ments of different areas. These personnel allo- resources and the increase in the overtime allo- cations are determined by a number of factors cation assists with that. including demographics, crime trends, adminis- I want to see Gardaı´ provided with all neces- trative functions and other operational policing sary equipment up to best international practice. needs. Such allocations are continually monitored I am providing and will continue to provide the and reviewed along with overall policing arrange- necessary resources for this to happen. In relation ments and operational strategy. This ensures that to protective equipment generally, I am of the optimum use is made of Garda resources, and view that in facing the dangers that they do on that the best possible service is provided to the our streets, members of the Force need protective public. and defensive equipment commensurate with that I should add that the current recruitment drive risk. In that regard, I wish to inform the Deputy to increase the strength of the Garda Sı´ocha´na to that in relation to “Body Armour”, the Garda 14,000 members, in line with the commitment in Sı´ocha´na, has issued Requests for Tender (RFTs) the Agreed Programme for Government, is fully 1455 Questions— 3 October 2006. Written Answers 1456

[Mr. McDowell.] menced duty, and recruitment of the remaining for the supply and delivery of 12,500 Anti staff is underway. In addition, the Garda Infor- Stab/Ballistic Vests and 3,000 Retractable Batons. mation Service Centre (GISC) in Castlebar, is There is also a provision in these RFTs to pur- now almost fully operational with some 150 civ- chase a further 4,700 vests and a further 12,000 ilian staff. The GISC allows Gardaı´ who would Batons, if required, over the duration of the con- otherwise have to return to their Stations to input tract. Contracts are due to be signed in the very data on the PULSE system, to log the infor- near future for the supply of these items and it is mation with the GISC, while remaining on the expected that the delivery will commence beat. This frees up very significant amounts of shortly thereafter. Garda time for continued operational duty. This An Garda Sı´ocha´na constantly evaluate all unprecedented investment in resources by this available technology with a view to determining Government to An Garda Sı´ochana, provides a the technology best suited to their needs. Signifi- firm platform to take on the challenges of cant resources are being invested in technology policing in a modern diverse society. for the Gardaı´ to assist them in the exercise of all their functions. The capital allocation for IT in Prisoner Releases. 2006 is \33.323 million representing an increase 266. Mr. Durkan asked the Ta´naiste and Mini- of \5.065 million (18%) on the 2005 outturn. One ster for Justice, Equality and Law Reform the aspect of technology I am particularly committed number of prisoners granted early release with- to is the delivery of a state-of-the-art digital radio out having served their full sentences in each of service for An Garda Sı´ocha´na. To this end, the the past five years; and if he will make a state- procurement of an outsourced Managed Service ment on the matter. [31070/06] by the Department of Finance on behalf of An Garda Sı´ocha´na, other blue light services and Ta´naiste and Minister for Justice, Equality and some non-commercial public bodies, is well Law Reform (Mr. McDowell): The precise infor- underway. While the exact timeframe for rollout mation requested by the Deputy is not readily will be subject to contract negotiations with the available. The compilation of these statistics successful bidder, the implementation of the new would require a disproportionate and inordinate service is planned to commence later this year. amount of staff time and effort to prepare and The total allocation for communications for 2006 \ could not be justified in current circumstances is 12.9 million. where there are other significant demands on I should add that the current recruitment drive resources. to increase the strength of the Garda Sı´ocha´na to Typically the temporary releases would be of 14,000 members, in line with the commitment in short duration when the prisoner is close to com- the Agreed Programme for Government, is fully pletion of sentence. From time to time, consider- on target. This will lead to a combined strength, ation may be given to a somewhat longer period of both attested Gardaı´ and recruits in training, of release for the purposes of residential addic- of 14,000 by the end of this year. The first three tion counselling or for other constructive prog- groups of newly attested Gardaı´ under this accel- rammes, for example work training. In these erated recruitment programme came on stream in cases, the aim is to reduce the risk of reoffending. March, June and September of this year and the Temporary release, which is always conditional fourth such group will become fully attested on the prisoner’s good behaviour, is recognised members of the Force later this year. Further as being a useful instrument in preparing a pris- tranches of approximately 275 newly attested oner for reintegration with society. Gardaı´ will follow every 90 days thereafter until As a result of the additional prison spaces pro- the programme is complete. I have made the vided over the last number of years, the Prison necessary regulations providing for the establish- Service is now in a position to accommodate ment of a Garda Reserve and recruitment and almost all those sentenced by the Courts for the training of Reserve Members is underway. full duration of their sentences. The overall per- I am continuing to strengthen the civilian sup- centage of sentenced prisoners on temporary port available to An Garda Sı´ocha´na. The release has been reduced from a figure of 20% in Human Resources Division for civilian staff in December, 1996 to a current figure of about 4.7% An Garda Sı´ocha´na has now been established of the total prison population. To illustrate the and when fully operational will have a staffing scale of the problem, I can inform the House that complement of 37 civilians who will carry out the actual number of prisoners on temporary recruitment, training, discipline, industrial release on 9 December, 1996 stood at 552, com- relations and general HR administrative func- pared with a current figure of 156 persons. tions for the 1,900 clerical, administrative, pro- Prisoners are not granted early release as a fessional, technical and industrial civilians now matter of course and I must stress that the over- working with An Garda Sı´ocha´na. The Division riding concern in considering applications for will also play a key strategic role in driving for- temporary release from prisoners is the safety of ward the wider Civilianisation Programme. The the public. It is also important to note that all Director and a number of staff have now com- releases are subject to conditions, which in the 1457 Questions— 3 October 2006. Written Answers 1458 vast majority of cases include a requirement to tribution of all illicit drugs, at local, national and report on a regular basis to his/her local Garda international levels will continue to be vigilantly station, and that any offender who breaks these monitored by the Gardaı´. I am determined to conditions may be arrested and returned immedi- ensure that An Garda Sı´ocha´na is appropriately ately to prison by the Gardaı´. resourced to advance its objectives in this regard.

Drug Seizures. Road Traffic Offences. 267. Mr. Durkan asked the Ta´naiste and Mini- 268. Mr. Durkan asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform if he is ster for Justice, Equality and Law Reform the satisfied regarding the numbers, technology and action he proposes to take to address the issue resources available to the Gardaı´ to combat drug of speeding fines imposed and paid in respect of crime; and if he will make a statement on the offences in the vicinity of Newtownmountken- matter. [31071/06] nedy in contrast with those whose fines were struck out in court on legal grounds; if it is Ta´naiste and Minister for Justice, Equality and intended to make restitution to the former; and if Law Reform (Mr. McDowell): I refer the Deputy he will make a statement on the matter. to my reply to his question today (reference [31078/06] number 31069/06) in relation to numbers, tech- nology and resources generally available to An Ta´naiste and Minister for Justice, Equality and Garda Sı´ocha´na. Specifically in relation to com- Law Reform (Mr. McDowell): I am informed by bating drug crime, I may add that the National the Garda authorities that legislation providing Drugs Strategy 2001-2008 specifies a number of for the issue of fixed charge notices requires that supply reduction targets for An Garda Sı´ocha´na motorists detected for committing certain in terms of all drug seizures and the Gardaı´ con- offences be issued with a fixed charge notice. The tinue to achieve considerable successes in relation notice sets out the amount of the fixed charge and to these targets. the penalty points applicable to the offence. The National Units, such as the Garda National person has the option to pay the fixed charge and, Drugs Unit, the Criminal Assets Bureau and the as part of the payment process, completes a dec- Garda Bureau of Fraud Investigation all have laration that he or she is aware of the contents of specific roles in reducing drug supply and the the notice. The decision whether to pay a fixed material benefits which accrue from drug traffick- charge rests with the recipient. The legislation ing. All of these units operate under the direction also provides that in the event that the individual of an Assistant Commissioner, National Support fails to pay the fixed charge within the prescribed Services. These strategies continue to result in time frame a prosecution can be initiated. Once operational successes as evidenced by the a prosecution is initiated it is then a matter for ongoing levels of drugs seized by the Gardaı´. The the court to determine the guilt or otherwise of trafficking and distribution of all illicit drugs at the person based on the evidence presented. As local, national and international levels is con- in all cases the decision of the District Court may stantly monitored by the Gardaı´. be appealed. Local divisional drug units operate in divisions I am also informed that An Garda Sı´ocha´na is throughout the country with their primary focus satisfied that the Bye-Laws enacted by Wicklow being local dealers and users. Garda National County Council for the Newtownmountkennedy Drugs Unit personnel provide assistance and area have been in order at all times and no expertise to these local units in operational, intel- further action is required in respect of cases ligence and training matters. The Garda National where a fixed charge payment was made for Drugs Unit, in conjunction with other Garda exceeding the relevant speed limits. I am also units, continues to undertake “targeted specific” informed that following a decision at Bray Dis- operations against the larger illegal drug import- trict Court on 16 June 2006 an application to ation and distribution operations. bring a case stated has been made. Regarding resources, the Garda National Drug Unit works closely with Divisional and District Garda Stations. Drug Units in detecting and preventing the sale and supply of illegal drugs. Where necessary, 269. Ms O. Mitchell asked the Minister for Fin- these resources can be supplemented by Garda ance the location of a suitable premises for the personnel operating at local level. The needs of new Dundrum Garda Station; when it is expected drug units are and will be kept under ongoing to be operational; and if he will make a statement review, including in the context of distributing the on the matter. [30456/06] additional resources being made available arising from the Government’s decision to increase the Minister of State at the Department of Finance strength of An Garda Sı´ocha´na to 14,000. (Mr. Parlon): Negotiations between the Commis- The Government’s top policing priority for sioners of Public Works and a local developer 2006 is to continue to target organised crime, have been unsuccessful. Other options are under including drug trafficking. The trafficking and dis- consideration by the Commissioners in consul- 1459 Questions— 3 October 2006. Written Answers 1460

[Mr. Parlon.] for a person (details supplied) in County Clare; tation with the Department of justice, Equality and if he will make a statement on the matter. and Law Reform and the Garda authorities. [30446/06]

Tax Code. Minister of State at the Department of Finance (Mr. Parlon): The Commissioners of Public 270. Mr. G. Murphy asked the Minister for Works have requested the Chief State Solicitor’s Finance the assistance available for a person Office to seek further information from the appli- (details supplied); and if he will make a statement cant’s solicitors. On receipt of this information on the matter. [30516/06] the request for a waiver will be dealt with. Minister for Finance (Mr. Cowen): Iam advised by the Revenue Commissioners that Tax Code. Revenue Job Assist allows employers a double 274. Mr. F. McGrath asked the Minister for wages deduction in their accounts, if they employ Finance if he will abolish stamp duty for first time a person who has been unemployed for 12 buyers; and if he will investigate further tax relief months or more. for young couples trying to buy a house. The double wages deduction may last for 3 [30447/06] years and applies to: • Wages paid to a qualifying employee in a Minister for Finance (Mr. Cowen): I have no qualifying employment and proposals to abolish stamp duty on houses bought by first-time buyers. There are already significant • Employer’s PRSI contributions paid in reliefs in the stamp duty and income tax code for respect of such wages. first-time buyers which put them in an advan- The deduction is not due if either the employer tageous position compared to other house buyers. or the employee has benefited or is benefiting for any other employment scheme in respect of the Garda Stations. job. 275. Mr. Howlin asked the Minister for Fin- Full details in relation to qualifying employ- ance if a site for the new Garda divisional head- ments and qualifying employees are set out in quarters at Wexford has been acquired; the Leaflet IT59 available on the Revenue website location of the site; if ownership has been trans- www.revenue.ie. ferred to the Office of Public Works; the amount Employees will also benefit from additional tax paid for the site; if all services are available on allowances, full details are available on Leaflet the site; when construction will begin on this IT58, also available on the website. facility; and if he will make a statement on the matter. [30472/06] Garda Stations. 271. Mr. Ferris asked the Minister for Finance Minister of State at the Department of Finance the status of the proposed new Garda station in (Mr. Parlon): The Commissioners of Public Castleisland; and if he will make a statement on Works expect to finalise the acquisition of a site the matter. [30756/06] at Rocksborough for Wexford Garda station before the end of October 2006. Until their trans- 272. Mr. Deenihan asked the Minister for Fin- action has been concluded it would be inap- ance the position regarding the erection of a propriate to disclose the purchase price. All Garda area headquarters at Castleisland, County services will be available on the site. Kerry; and if he will make a statement on the Following receipt of a brief of requirements matter. [30881/06] from the Garda Sı´ocha´na, appointment of a full design team which may involve an E.U. compe- Minister of State at the Department of Finance tition, approval to a Sketch Scheme, Part 9 plan- (Mr. Parlon): I propose to take Questions Nos. ning process and tender competition for construc- 271 and 272 together. tion, work should commence on site at the end of It is expected that a Sketch Scheme for the new 2007/beginning of 2008. Garda Area Headquarters at Castleisland will be ready by the end of the year for the approval of Tax Code. the Department of Justice, Equality and Law Reform and the Garda authorities. On approval 276. Mr. G. Mitchell asked the Minister for of the Sketch Scheme a Part 9 planning appli- Finance when a rebate of tax will be issued to a cation will be made in early 2007. person (details supplied) in Dublin 12; and if he will make a statement on the matter. [30518/06] Waiver Application. Minister for Finance (Mr. Cowen): Iam 273. Mr. P. Breen asked the Minister for Fin- advised by the Revenue Commissioners that the ance when his Department will make a final benefit received by the person came from an decision regarding a waiver of the State’s interest estate in England. The solicitor acting on her 1461 Questions— 3 October 2006. Written Answers 1462 behalf did not have a PPS Number for the supplied) in County Kildare; and if he will make deceased and had to apply to the Client Identity a statement on the matter. [30731/06] Service of the Department of Social Community and Family Affairs for a PPS number. Minister for Finance (Mr. Cowen): I under- Because of the delay in obtaining a PPS stand that the person concerned applied for the number and due to an oversight the refund appli- tax concessions under the Disabled Drivers and cation was not processed in January 2006. A Disabled Passengers (Tax Concessions) Scheme refund will issue to the person’s solicitor on 2 and that the application has been unsuccessful at October 2006. The refund will include an amount first instance and on appeal to the Medical Board in respect of interest which is due to late of Appeal for the Scheme. payment. I have no direct responsibility for the day-to- day operation of the Medical Board of Appeal 277. Mr. Wall asked the Minister for Finance if for the Disabled Drivers and Disabled Passengers a person (details supplied) in County Kildare is (Tax Concessions) Scheme. Queries regarding due a tax rebate; and if he will make a statement individual cases may be addressed to the Sec- on the matter. [30728/06] retary of the Disabled Drivers Medical Board of Appeal, c/o the National Rehabilitation Hospital, Minister for Finance (Mr. Cowen): I have been Dun Laoghaire, County Dublin or alternatively advised by the Revenue Commissioners that by telephone at 01 2355279. further information is required in this case and As the Deputy is aware, the Disabled Drivers that the taxpayer has agreed to forward the Medical Board of Appeal, which determines necessary documentation concerning the appeals from a refusal of a Primary Medical Cer- deduction of tax from his retirement monies. On tificate under the Disabled Drivers and Disabled receipt of same, any repayment due to him will Passengers (Tax Concessions) Scheme, is inde- be processed without delay. pendent in the execution of its functions. In relation to extending the scope of the 278. Mr. Haughey asked the Minister for Fin- Scheme, the operation of the Disabled Drivers ance if a person (details supplied) in Dublin 5 is and Disabled Passengers (Tax Concessions) liable for income tax; and if he will make a state- Scheme was reviewed by a special Inter- ment on the matter. [30729/06] departmental Review Group. The terms of refer- ence of the Group were to examine the operation Minister for Finance (Mr. Cowen): I under- of the existing scheme, including the difficulties stand that in this case no tax is due for 2005 and experienced by the various groups and individ- the tax already paid will be refunded. uals involved with it, and to consider the feasi- For 2006, I am told that it is likely that no tax bility of alternative schemes, with a view to assist- will be due, given their income and the tax credits ing the Minister for Finance in determining the to which they are entitled. A certificate of tax cre- future direction of the scheme. dits and standard rate cut off point issued to the The Group’s Report, published on my Depart- person’s employer on 7 March showing the cor- ment’s website in July 2004, sets out in detail the rect tax credits due. genesis and development of the scheme. It exam- During 2007 the couple will be entitled to the ines the current benefits, the qualifying medical appropriate exemption for married couples over criteria, the Exchequer costs, relationship with the age of 65, which is currently \34,000, and are other schemes and similar schemes in other coun- unlikely to pay any tax based on current tries. The Report also makes a number of recom- information. mendations, both immediate and long term, encompassing the operation of the appeals pro- 279. Mr. Wall asked the Minister for Finance if cess and options for the possible future develop- a person (details supplied) in County Kildare is ment of the scheme. The short-term recom- due a tax rebate; and if he will make a statement mendations in respect of the appeals process have on the matter. [30730/06] been implemented. The main change arising from these was that an increased number of members Minister for Finance (Mr. Cowen): I have been could be appointed to the Appeal Board, which advised by the Revenue Commissioners that the facilitated a far greater number of appeal hear- taxpayer’s claim to repayment of tax has been ings than had been the case prior to the processed and notification of refund arising has Report’s publication. issued to him dated 2 October 2006. A cheque for In respect of the long-term recommendations, the overpayment will issue in the coming days. including the qualifying disability criteria, given the scale and scope of the scheme, further changes can only be made after careful consider- Disabled Drivers. ation. For this reason, the Government decided 280. Mr. Wall asked the Minister for Finance that the Minister for Finance would consider the the position of an application for vehicle regis- recommendations contained in the Report of the tration tax certification for a person (details Interdepartmental Review Group in the context 1463 Questions— 3 October 2006. Written Answers 1464

[Mr. Cowen.] payer accompanying transfers of funds. This pro- of the annual budgetary process having regard to posal has not yet been adopted by the European the existing and prospective cost of the scheme. institutions, but when it is, it will have direct This consideration is undertaken on a regular application in all Member States. It is likely to basis. come into effect in January 2007 at the earliest. The proposed Regulation is considered to be Special Savings Incentive Scheme. essential to detecting terrorist financing, money 281. Ms Burton asked the Minister for Finance laundering and other criminal activity. The Regu- if he will report on measures being taken by the lation would require international money Revenue Commissioners to prevent retired per- transfers to be accompanied by the identity of the sons exploiting a loophole in the SSIA pension sender including the name, address and account incentive scheme and investing \7,500 in an number. A less detailed regime is required within approved pension scheme, claiming the \2,500 the EU. The objective is to have this information bonus and removing the \10,000 immediately; the available to law enforcement authorities and way in which Revenue plans to monitor the pen- hence assist them in detecting, investigating and sion incentive; and if he will make a statement on prosecuting terrorists and other criminals and the matter. [30732/06] tracing their assets. This proposal is part of the EU Plan of Action to Combat Terrorism. My Minister for Finance (Mr. Cowen): Let me Department will issue further information when make it quite clear, I have not imposed any new this Regulation comes into effect. age restrictions in relation to this product. There In anticipation of the implementation of the is no bar on retired persons availing of the Regulation, I understand that banks have already scheme within normal pension rules. informed their customers of the new require- However, some publicity has been given ments and of the necessity to include details of recently to the possibility that SSIA holders who their International Bank Account Number are already retired might transfer matured SSIA (IBAN) the associated Bank Identifier Code funds into a savings product, claim the Pensions (BIC) when transferring funds. Banks are obliged Incentive Tax Credit and withdraw the topped- to state their customer’s IBAN and BIC on their up amount immediately. account statements since 1 July 2003. The Irish This is not the purpose for which the incentive Payment Services Organisation (IPSO) has also was introduced. Accordingly, I announced in a been giving publicity to this measure on its web- press release on 29 September last that I will site at www.ipso.ie. introduce legislation at the earliest appropriate opportunity to ensure that, with effect from 29 Asylum Support Services. September 2006, individuals who avail of the Pen- 283. Ms Burton asked the Minister for Finance sion Incentive Tax Credit only to withdraw the the number of properties which have been pur- funds immediately or within 1 year will not get chased for the intended use of housing asylum the benefit of the incentive. seekers; the cost of purchasing these properties; the number of these properties which have not International Money Transfers. been used to date to house asylum seekers; the 282. Ms Burton asked the Minister for Finance cost to date of maintaining and securing each of the steps which are being taken to inform the these vacant properties; and if he will make a public, and in particular small import and export statement on the matter. [30735/06] businesses, of the new EU rules relating to cross border payments through the international bank- Minister of State at the Department of Finance ing system; and if he will make a statement on (Mr. Parlon): The Reception and Integration the matter. [30733/06] Agency of the Department of Justice, Equality and Law Reform is responsible for the accom- Minister for Finance (Mr. Cowen): I presume modation of asylum seekers. The Commissioners that the Deputy’s question arises from the EU’s of Public Works acting on behalf of the Agency proposal for a Regulation of the European Parlia- has purchased the following properties for the ment and of the Council on information on the purpose of accommodating asylum seekers.

Property Purchase Price Up-to-Date Position

\

Park Lodge Hotel, Killarney. 2,324,890.00 In Use Atlas House, Tralee. 2,406,471.00 In Use Atlas House, Killarney. 2,129,350.00 In Use Cork Airport Hotel, Kinsale Road, Cork. 4,221,879.00 In Use Johnston Marina Hotel, Tralee. 3,285,447.00 In Use Parnell West Hotel, Parnell Street, Dublin 1. 3,725,729,.00 In Use up to Oct. 2005 — sold Aug. 2006 1465 Questions— 3 October 2006. Written Answers 1466

Property Purchase Price Up-to-Date Position

\ Broc House, Donnybrook, Dublin 4. 9,205,601.00 Transferred to Affordable Homes Partnership — Sept. ’06 Lynch’s Lodge, Macroom. 3,549,711.00 Sold December 2005 Devereaux Hotel & Bungalow, Rosslare Harbour. 2,745,808.00 Sold — July 2003 Ionad Folla´in, Myshall, Co. Carlow. 1,333,225.00 Transferred to Minister for Health & Children in August 2002

Property Costs incurred on unoccupied properties (prior to disposal/transfer)

\

* Broc House, Donnybrook, Dublin 4. 763,482.64 * Lynch’s Lodge, Macroom. 908,728.65 * Devereaux Hotel & Bungalow, Rosslare Harbour. 269,037.34 *Ionad Folla´in, Myshall, Co. Carlow. 176,509.98 The properties marked * were not used to accommodate asylum seekers and the up-to-date position together with total costs incurred is as stated.

Moreover, following on fundamental reviews Tax Collection. which I have had carried out of around two dozen specific tax incentives, I have already provided 284. Mr. Connolly asked the Minister for Fin- that a range of existing property based tax ance his proposals to reduce the incidence of tax schemes are to be phased out, subject to trans- avoidance in view of more than 25 of the highest itional measures the effect of which will be that earners having had no tax liability; and if he will no relief will be available for expenditure arising make a statement on the matter. [30803/06] after end-July 2008. I have left in place some incentives which are justified having regard to Minister for Finance (Mr. Cowen): I have benefits they can provide. already acted in a systematic, detailed and radical I should say that in any event, it is not clear manner to deal with the issue of inequitable use where the Deputy has sourced the statistic that of tax incentives and allowances by a proportion more than 25 of the highest earners have no tax of higher earners. I would refer the Deputy to liability. The latest figures available in relation to Budget and Finance Act 2006. In these, I the tax year 2003, as included with my reply to announced and introduced significant changes Parliamentary Question Reference No. 29483/06 which mean that the potential for individuals to on 27 September, indicate that nobody in the reduce their net liability for tax by using tax PAYE sector with gross income of \500,000 or reliefs will be curtailed. over had a nil net liability for income tax. In particular, a restriction has been placed on However, 19 self employed individuals with gross the use of specified tax reliefs by high income tax income of \500,000 had a nil net liability for payers. The restriction will come into effect from income tax. Persons in the self-employed cate- 1 January 2007. The list of specified reliefs gory may include a broad range of individuals, for includes various property based tax incentives example shop owners, tradespersons and farmers and certain other reliefs such as the Business as well as those in pursuit of various professions Expansion Scheme, film relief and donations. such as dentists, doctors, solicitors etc. Also to be restricted are certain tax exemptions I am sure the Deputy will appreciate, however, including artistic income, stallion fees, and pat- that there are many reasons why a self employed ent royalties. person may have a nil net liability for tax. However, it should be pointed out that individ- Gross income is income before adjustments are uals will still be fully entitled to claim for normal made for items such as capital allowances, business expenses and deductions for capital interest paid, losses and allowable expenses, allowances on plant and machinery, genuine busi- including normal business expenses and ness related trading losses and losses from a depreciation on plant and machinery. For rental business without restriction. In addition, example, capital equipment purchased by a den- they may also continue to claim without restric- tist in establishing a practice or farm machinery, tion the normal deductible items such as medical such as a tractor, purchased by a farmer are expenses, trade union subscriptions, the personal allowable as deductions against gross income at a tax credits and exemptions such as that for child rate of 12.5% of the capital cost per annum for benefit. eight years. Gross income must be distinguished 1467 Questions— 3 October 2006. Written Answers 1468

[Mr. Cowen.] apply; and if he will make a statement on the from taxable income which is income after adjust- matter. [31047/06] ments for deductions of the type described, including normal business expenses. 288. Mr. Connolly asked the Minister for Fin- ance the number and percentage of disabled per- Tax Code. sons currently employed in his Department; and if he will make a statement on the matter. 285. Mr. Ring asked the Minister for Finance [31048/06] the changes made in the claiming of special tui- tion charges for dyslexic children by way of a Minister for Finance (Mr. Cowen): I propose medical expense against income tax liability; the to take Questions Nos. 287 and 288 together. reason these changes were made; the reason The Department of Finance, in common with parents can no longer claim tax relief on these all other civil service Departments and Offices, tuition charges for dyslexic children in view of the fully implements the Government’s policy on the fact that this was allowed previously; if there is a employment of people with a disability. way that these costs can be treated as a legitimate The Deputy may wish to note that, as part of a medical expenses eligible for tax relief; and if he review of policy on the employment of people will make a statement on the matter. [30856/06] with a disability in the civil service, my Depart- ment commissioned independent research in Minister for Finance (Mr. Cowen): The posi- relation to the operation of the 3% employment tion is that expenses in respect of tuition for chil- target. A survey carried out as part of this dren with dyslexia do not qualify for health research which was published as “Employment expenses tax relief and have never qualified for and Career Progression of people with a disability the relief since it was first introduced in 1967. in the Irish Civil Service,” shows that 7% of Civil I understand from the Revenue Commis- Service staff have a disability compared with the sioners, who deal with such claims, that individ- 2 to 3% generally reported in the annual surveys. uals may have been under the impression that tui- The consultants therefore concluded that the tion for children with dyslexia was allowable arrangements in relation to reporting disabilities under the heading of health expenses relief. I also needed to be addressed. understand that the Revenue Commissioners In the light of the consultants’ recom- have written to the Dyslexia Association to clar- mendations, the Government approved proposals ify the matter. to improve the operation of the existing policy. I have no plans to extend the relief but the These included [a] the development, in conjunc- matter, like any other, can be raised by the tion with the staff unions, of a new code of prac- Deputy at Finance Bill time. tice for all Departments to support staff with a disability and [b] ensuring that the civil service Estimates for Public Services. continues to provide employment opportunities 286. Mr. Connolly asked the Minister for Fin- which might not otherwise exist for people with ance the spending constraints within which the a disability. 2007 Estimates are being formulated; and if he A number of significant initiatives have been will make a statement on the matter. [31046/06] taken recently. The Department of Finance has recruited a Disability Advisory Officer to develop Minister for Finance (Mr. Cowen): In the 2006 guidelines in consultation with the Chief Medical Budget and Stability Programme Update, I set Officer for the monitoring, reporting and out the Government’s overall macroeconomic recording arrangements for staff with a disability policy strategy for the medium term, including in the Civil Service. My Department is working existing level of service gross expenditure projec- with the National Disability Authority to explore tions for the period 2006 to 2008. These form the potential new approaches to supporting staff with basis on which the Government will formulate disabilities, including the possible use of a survey the 2007 Estimates, taking due account of devel- based on voluntary self-disclosure, both for new opments in the overall economy; the need to staff on appointment and for existing staff. A Dis- provide for the Towards 2016 Partnership Agree- ability Liaison Officers network involving all ment and for other social priorities; and the con- Departments has also been set up to share infor- tinuing need to maintain the country’s public mation and advice. It is also important that the finances within sound and sustainable Civil Service continues to offer employment parameters. opportunities to people with disabilities. In relation to recruitment, a new approach to the recruitment and placement of people with a Equal Opportunities Employment. disability into the Civil Service is being adopted, 287. Mr. Connolly asked the Minister for Fin- which will include special competitions or sub- ance the criteria for persons with disabilities for panels being held from time to time with the aim seeking employment opportunities within his of ensuring that 3% of all recruits to the Civil Department; the application procedures that Service are people with a disability. Recruitment 1469 Questions— 3 October 2006. Written Answers 1470 competitions run by the Public Appointments Child Care Services. Service (PAS) are open to all, including people 290. Mr. Stanton asked the Minister for Health with disabilities, subject to their meeting the eligi- and Children the number of new childcare places bility requirements of the competition in ques- for school-going children which became available tion. Application forms invite applicants to indi- under the equal opportunities childcare prog- cate if they have special requirements when ramme initiative to develop school-age childcare; undergoing the selection process and the PAS and if she will make a statement on the makes every effort to facilitate these requests. matter. [30682/06] In relation to employment in the Department of Finance, my Department is participating in the Minister of State at the Department of Health WAM (Willing Able Mentoring) Project, which and Children (Mr. B. Lenihan): The seven year is a work experience placement and administered Equal Opportunities Childcare Programme by the Association of Higher Education Access (EOCP) 2000-2006, which is implemented by the and Disability (AHEAD) which aims to place Office of the Minister for Children, has an equal graduates with disabilities with employers in the opportunities and social inclusion perspective and public and private sectors. facilitates the further development and expansion of childcare facilities to address the needs of Proposed Legislation. parents, in reconciling their childcare needs with 289. Mr. Connolly asked the Minister for their participation in employment, education Health and Children the plans she has for legis- and training. lation requiring all retail outlets for meat prod- With regard to specific provision under the ucts to clearly label their products with country EOCP for school age childcare, to date 191 capi- of origin of the products in the interests of trace- tal and staffing grants which included after school ability and public health; and if she will make a childcare have been approved, to a total value of statement on the matter. [30495/06] some \18.5 million. It is anticipated that, when fully drawn down, these grants will lead to the Minister of State at the Department of Health creation of 2,170 new childcare places and sup- and Children (Mr. S. Power): EU food labelling port or enhance 2,286 existing places. legislation is harmonised by Council Directive 2000/13/EC, as amended. That directive, as Pension Provisions. amended, has been transposed into national legis- 291. Mr. Connaughton asked the Minister for lation by the European Communities (Labelling, Health and Children if a person (details supplied) Presentation and Advertising of Foodstuffs) in County Galway is entitled to a refund of \8,900 Regulations 2002 to 2005. These regulations from the widows and orphans scheme which was apply to the labelling of pre-packaged foodstuffs stopped from their lump sum on retirement; and for sale to the ultimate consumer, or for supply if she will make a statement on the matter. to mass caterers, and are based on the principle [30773/06] that food labelling should not mislead consumers. Minister for Health and Children (Ms Harney): Labelling rules are designed to inform con- The Deputy’s question relates to the superannu- sumers so that they can make informed choices. ation benefits for employees of the Health Currently, origin labelling is not required for pre- Service Executive, which are the responsibility of packaged food unless its absence misleads the the Health Service Executive. Accordingly, my consumer. Thus, for example, where other part- Department has requested the Parliamentary iculars such as a flag or a map other than that of Affairs Division of the Executive to arrange to the country of origin are displayed on a label, the have this matter investigated and to have a reply true country of origin must be clearly declared to issued directly to the Deputy. ensure that the consumer is not misled as to the true origin or provenance of the food. The European Commission is currently Hospital Services. reviewing the horizontal labelling legislation in 292. Mr. Perry asked the Minister for Health order to recast and modernise its provisions. My and Children if she will ensure that a person Department has responded to this consultation, (details supplied) in County Sligo is called for an suggesting, inter alia, that consideration should MRI and treatment in Beaumont Hospital; and if be given to the extension of food labelling legis- she will make a statement on the matter. lation to provide for a clear indication of the [30449/06] country of origin for all meat and of products made substantially from meat. A legislative pro- Minister for Health and Children (Ms Harney): posal from the Commission is awaited and the The Deputy’s question relates to the manage- Deputy will appreciate that as food labelling ment and delivery of health and personal social legislation is harmonised across the Member services, which are the responsibility of the States, Ireland cannot pre-empt the outcome of Health Service Executive under the Health Act the Commission’s ongoing review. 2004. Accordingly, my Department has requested 1471 Questions— 3 October 2006. Written Answers 1472

[Ms Harney.] tive to arrange to have this matter investigated the Parliamentary Affairs Division of the Execu- and to have a reply issued directly to the Deputy. tive to arrange to have this case investigated and to have a reply issued directly to the Deputy. Mental Health Services.

293. Dr. Cowley asked the Minister for Health 296. Dr. Cowley asked the Minister for Health and Children if her Department intends to estab- and Children if it is appropriate that community lish a full time palliative care unit at Mayo welfare officers refer patients to the psychiatric General Hospital; her views on whether the hospitals or services who have no qualifications appointment of a palliative care consultant in that area; her views on whether this referral specialist is imminent; and if she will make a should be carried out by suitably qualified per- statement on the matter. [30450/06] sonnel; and if she will make a statement on the matter. [30453/06] Minister of State at the Department of Health Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- and Children (Mr. T. O’Malley): The Deputy’s tion relates to the management and delivery of question relates to the management and delivery health and personal social services, which are the of health and personal social services, which are responsibility of the Health Service Executive the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Department has requested the Parliamentary Affairs Division of the Executive to arrange to Affairs Division of the Executive to arrange to have this matter investigated and to have a reply have this matter investigated and to have a reply issued directly to the Deputy. issued directly to the Deputy. 294. Dr. Cowley asked the Minister for Health and Children further to the fact that three major Ambulance Services. Government reports on cancer care published 297. Mr. Healy asked the Minister for Health since 2000 have all recommended a fully fledged and Children when the long requested emergency palliative care unit at Mayo General Hospital, ambulance service will be provided in the town when same will happen; and if she will make a of Carrick-on-Suir. [30454/06] statement on the matter. [30451/06] Minister for Health and Children (Ms Harney): Minister of State at the Department of Health The Deputy’s question relates to the manage- and Children (Mr. S. Power): The Deputy’s ques- ment and delivery of health and personal social tion relates to the management and delivery of services, which are the responsibility of the health and personal social services, which are the Health Service Executive under the Health Act responsibility of the Health Service Executive 2004. Accordingly, my Department has requested under the Health Act 2004. Accordingly, the the Parliamentary Affairs Division of the Execu- Department has requested the Parliamentary tive to arrange to have this matter investigated Affairs Division of the Executive to arrange to and to have a reply issued directly to the Deputy. have this matter investigated and to have a reply issued directly to the Deputy. Child Care Services. 298. Mr. O’Connor asked the Minister for Medical Cards. Health and Children if she will confirm plans to 295. Mr. McGuinness asked the Minister for provide significant funding to the childhood Health and Children further to a previous development initiative (details supplied); and if parliamentary question, if she will reconsider the she will make a statement on the matter. decision on the case of a person (details supplied) [30455/06] in County Kilkenny relative to their application form for a medical card which was refused; if the Minister of State at the Department of Health inpatient charges issued by the department of and Children (Mr. B. Lenihan): The Prevention psychiatry to this patient will be withdrawn and and Early Intervention Programme for Children dealt with in the context of their medical card was established by Government to support and application; and if she will expedite a promote better outcomes for children in response. [30452/06] disadvantaged areas, through more innovation, effective planning, integration and delivery of Minister for Health and Children (Ms Harney): services. The purpose of the programme is to sup- The Deputy’s question relates to the manage- port the development of plans for children at ment and delivery of health and personal social local level drawn up by the statutory and relevant services, which are the responsibility of the non-statutory agencies operating in the areas con- Health Service Executive under the Health Act cerned. The Programme will provide for the 2004. Accordingly, my Department has requested introduction and evaluation of a range of inte- the Parliamentary Affairs Division of the Execu- grated interventions for children and their 1473 Questions— 3 October 2006. Written Answers 1474 families and test if they make a positive differ- have this matter investigated and to have a reply ence to children. The focus of the programme is issued directly to the Deputy. on supporting proposals for interventions, which fit with national policy objectives, have been Medical Cards. developed in conjunction with the local com- 300. Ms McManus asked the Minister for munity, are based on clear evidence of local need Health and Children the number of general prac- and which are informed by evidence of ’what titioner cards issued to date at the latest date for works’. Learning and evaluation are important which figures are available on a county basis; and components of the programme and individual if she will make a statement on the matter. services, area projects and the overall programme [30500/06] will be subject to ongoing and robust review and evaluation. The programme will run for an initial Minister for Health and Children (Ms Harney): three-year period and will have a fund amounting The Deputy’s question relates to the manage- to \36 million in total, half of which will be pro- ment and delivery of health and personal social vided by Government and half by The Atlantic services, which are the responsibility of the Philanthropies. Health Service Executive (HSE) under the The Government agreed that the best use of Health Act 2004. Accordingly, my Department this funding was to focus initially on a small requested the Parliamentary Affairs Division of number of projects in severely disadvantaged the Executive to arrange to have this matter communities. Three areas are being targeted dur- investigated and to reply directly to the Deputy. I ing this period, subject to assessment of plans am informed the HSE has issued the information submitted. These have been identified as areas of requested in the question to the Deputy. severe disadvantage with a strong community commitment to improving outcomes for children. 301. Ms McManus asked the Minister for Research and planning on prevention and early Health and Children the number of medical cards intervention measures sponsored by Atlantic issued for the latest date for which figures are Philanthropies, has been undertaken over the last available. [30501/06] two years in these areas and they are now in an excellent position to test new models of service Minister for Health and Children (Ms Harney): delivery. If these models prove successful, the Most recent figures supplied to my Department results of these projects may provide the basis for by the Health Service Executive show 1,204,390 enhanced resource allocation processes and medical cards issued as at 1st September, 2006. policy changes. My Office recently invited three projects to 302. Ms McManus asked the Minister for submit the details of their projects for consider- Health and Children the number of medical cards ation for funding under the Programme, one of issued on a county by county basis, in respect of which was the Childhood Development Initiative the dates Jan 1997, June 2002, Jan 2003, Jan 2004, in Tallaght West. These project proposals are cur- Jan 2005, Jan 2006 and the latest date for which rently being examined and my officials will be figures are available. [30502/06] meeting with the projects in the next week to dis- cuss the submissions. The plans will then be Minister for Health and Children (Ms Harney): assessed by an International Expert Panel against The Deputy’s question relates to the manage- criteria agreed between Government and Atlan- ment and delivery of health and personal social tic Philanthropies. The allocation of the funding services, which are the responsibility of the will follow this extensive evaluation. Assuming Health Service Executive under the Health Act the applications are successful, it is expected that 2004. Accordingly, my Department has requested some funding will be drawn down before year the Parliamentary Affairs Division of the Execu- end. tive to arrange to have this matter investigated and to have a reply issued directly to the Deputy. Health Service Allowances. 299. Mr. McGuinness asked the Minister for Health Services. Health and Children if an allowance will awarded 303. Mr. Connolly asked the Minister for in the case of a person (details supplied) in Health and Children the reason that physio- County Carlow. [30474/06] therapy services are being terminated at Our Lady Lourdes Hospital, Drogheda; and if she will Minister of State at the Department of Health make a statement on the matter. [30503/06] and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of Minister for Health and Children (Ms Harney): health and personal social services, which are the The Deputy’s question relates to the manage- responsibility of the Health Service Executive ment and delivery of health and personal social under the Health Act 2004. Accordingly, my services, which are the responsibility of the Department has requested the Parliamentary Health Service Executive under the Health Act Affairs Division of the Executive to arrange to 2004. Accordingly, my Department has requested 1475 Questions— 3 October 2006. Written Answers 1476

[Ms Harney.] schemes; her views on whether this is a justifiable the Parliamentary Affairs Division of the Execu- treatment of people; and if she will make a state- tive to arrange to have this matter investigated ment on the matter. [30564/06] and to have a reply issued directly to the Deputy. Minister for Health and Children (Ms Harney): National Treatment Purchase Fund. Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without 304. Mr. Connolly asked the Minister for charge, of drugs, medicines and medical and sur- Health and Children the number of patients treated in 2005 under the National Treatment gical appliances to people with a specified con- Purchase Fund; the number of persons from dition, for the treatment of that condition, Counties Cavan and Monaghan respectively who through the Long Term Illness Scheme (LTI). were treated under the scheme; and if she will The LTI does not cover GP fees or hospital co- make a statement on the matter. [30504/06] payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenyl- Minister for Health and Children (Ms Harney): ketonuria, cystic fibrosis, spina bifida, hydro- As the Deputy’s question relates to the operation cephalus, diabetes mellitus, diabetes insipidus, of the National Treatment Purchase Fund haemophilia, cerebral palsy, epilepsy, multiple (NTPF) my Department has asked the Chief sclerosis, muscular dystrophies, parkinsonism, Executive of the NTPF to reply directly to the conditions arising from thalidomide and acute Deputy in relation to the information requested. leukaemia. There are currently no plans to extend the list of eligible conditions. Health Services. Products which are necessary for the manage- ment of the specified illness are available to LTI 305. Mr. Wall asked the Minister for Health patients. Other products are available according and Children the position regarding a new appli- to the patient’s eligibility. cant seeking home help hours; if there is any People who cannot, without undue hardship, impediment to a new applicant seeking such arrange for the provision of medical services for hours; and if she will make a statement on the matter. [30505/06] themselves and their dependants may be entitled to a medical card. In the assessment process the Minister of State at the Department of Health Health Service Executive can take into account a and Children (Mr. S. Power): The Deputy’s ques- range of measures including the household tion relates to the management and delivery of income guidelines, particular circumstances and health and personal social services, which are the the medical costs incurred by an individual or a responsibility of the Health Service Executive family. In addition people over the age of 70 under the Health Act 2004. Accordingly, the years have an automatic entitlement to a medical Department has requested the Parliamentary card regardless of income. Application should be Affairs Division of the Executive to arrange to made to the local area office of the HSE. have this matter investigated and to have a reply In November 2004, I introduced a new gradu- issued directly to the Deputy. ated benefit — the GP Visit Card to extend free GP care and treatment to individuals and families 306. Mr. Durkan asked the Minister for Health on moderate incomes. and Children when speech and language therapy In June last year, I simplified the means test will be offered to a person (details supplied) in for both medical and GP visit cards. It is now County Kildare who is on the waiting list for based on an applicant’s and spouse’s income after assessment since 2004; and if she will make a income tax and PRSI, and takes account of statement on the matter. [30519/06] reasonable expenses incurred in respect of rent or mortgage payments, childcare and travel to Minister of State at the Department of Health work. In 2005 the income guidelines for medical and Children (Mr. T. O’Malley): The Deputy’s cards were increased by a cumulative 29 per cent. question relates to the management and delivery The income assessment guidelines used for the of health and personal social services, which are GP visit card are 50% higher than those used for the responsibility of the Health Service Executive medical cards. These improvements have made under the Health Act 2004. Accordingly, my the assessment process much fairer and ensure Department has requested the Parliamentary that those on low to moderate incomes can qual- Affairs Division of the Executive to arrange to ify for free GP care. have this matter investigated and to have a reply Non-medical card holders can use the Drug issued directly to the Deputy. Payment Scheme, which protects against excess- ive medicines costs. Under this scheme, no indi- Long-Term Illness Scheme. vidual or family unit pays more than \85 per cal- 307. Dr. Cowley asked the Minister for Health endar month, or approximately \20 per week, and Children if she will ensure that Huntington’s towards the cost of approved prescribed medi- Disease sufferers are included in long-term illness cines. The scheme is easy to use and significantly 1477 Questions— 3 October 2006. Written Answers 1478 reduces the cost burden for families and individ- Accordingly, my Department is requesting the uals incurring ongoing expenditure on medicines. Parliamentary Affairs Division of the Executive In addition, the Deputy will be aware that non- to arrange to have this matter investigated and to reimbursed medical expenses above a set thres- have a reply issued directly to the Deputy. hold may be offset against tax. Cancer Screening Programme. Health Services. 311. Mr. Deenihan asked the Minister for 308. Mr. P. Breen asked the Minister for Health and Children when BreastCheck will Health and Children when a person (details become available in Kerry; and if she will make supplied) will be taken off the waiting list for a statement on the matter. [30568/06] orthodontic services and receive treatment; and if she will make a statement on the matter. Minister for Health and Children (Ms Harney): [30565/06] I have met with representatives of BreastCheck and they are fully aware of my wish to have a Minister for Health and Children (Ms Harney): quality assured programme rolled out to the The Deputy’s question regarding the way that remaining regions in the country as quickly as children are assessed and deemed eligible for possible. For this to happen, essential elements of orthodontic treatment relates to the management the roll out must be in place including adequate and delivery of health and personal social staffing, effective training and quality assurance services, which are the responsibility of the programmes. I have made additional revenue Health Service Executive under the Health Act funding of \2.3m available to BreastCheck to 2004. Accordingly, my Department has requested meet the additional costs of roll out. I have also the Parliamentary Affairs Division of the Execu- approved an additional 69 posts. BreastCheck tive to arrange to have this matter investigated recently appointed Clinical Directors for the and to have a reply issued directly to the Deputy. Southern and Western regions and the recruit- ment of Consultants and other staff is now General Practitioner Co-operatives. underway. 309. Mr. O’Connor asked the Minister for BreastCheck also requires considerable capital Health and Children when she expects to con- investment in the construction of two new clinical clude negotiations regarding an out of hours units and in the provision of five additional mobile units and state of the art digital equip- general practitioner cooperative in the Tallaght \ area; her views on the importance of this issue ment. I have made available an additional 21m for local patients that such a scheme would ease capital funding to BreastCheck for this purpose. pressure on the accident and emergency unit at Demolition works at South Infirmary/Victoria Tallaght Hospital;; and if she will make a state- University Hospital were completed last month. ment on the matter. [30566/06] The Department has issued approval to BreastCheck to award contracts for the construc- Minister for Health and Children (Ms Harney): tion of the static units at the South The Deputy’s question relates to the manage- Infirmary/Victoria University Hospital, Cork and ment and delivery of health and personal social University College Hospital Galway. services, which are the responsibility of the BreastCheck is confident that the target date of Health Service Executive under the Health Act next year for the commencement of roll out to 2004. Accordingly, my Department has requested the Southern and Western regions will be met. the Parliamentary Affairs Division of the Execu- tive to arrange to have this matter investigated Care of the Elderly. and to have a reply issued directly to the Deputy. 312. Mr. Kehoe asked the Minister for Health and Children if there are grants available for a Health Services. person to build a granny flat onto the family 310. Mr. Deenihan asked the Minister for home to house an elderly family member; and if Health and Children when the contract will be she will make a statement on the matter. awarded in order that Tralee community nursing [30574/06] unit will be constructed; and if she will make a statement on the matter. [30567/06] Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Minister for Health and Children (Ms Harney): tion relates to the management and delivery of The Deputy’s question relates to the manage- health and personal social services, which are the ment and delivery of health and personal social responsibility of the Health Service Executive services, which are the responsibility of the under the Health Act 2004. Accordingly, the Health Service Executive under the Health Act Department has requested the Parliamentary 2004. This includes responsibility for considering Affairs Division of the Executive to arrange to new capital proposals or progressing those in the have this matter investigated and to have a reply health capital programme. issued directly to the Deputy. 1479 Questions— 3 October 2006. Written Answers 1480

Nursing Home Charges. Health and Children her views on whether asy- 313. Mr. Hogan asked the Minister for Health lum seekers should be medically screened when and Children when a decision will be made for a they come into contact with the authorities here; person (details supplied) in County Kilkenny and if she will make a statement on the under the nursing home rebate scheme; and if she matter. [30740/06] will make a statement on the matter. [30737/06] Minister of State at the Department of Health Minister for Health and Children (Ms Harney): and Children (Mr. S. Power): The Deputy’s ques- As the Health Service Executive has responsi- tion relates to the management and delivery of bility for administering the Health Repayment health and personal social services, which are the Scheme, enquiries relating to the scheme are responsibility of the Health Service Executive referred to the Parliamentary Affairs Division of under the Health Act 2004. Accordingly, my the Executive. My Department has asked the Department has requested the Parliamentary HSE to have this matter investigated and to have Affairs Division of the Executive to arrange to a reply issued to the Deputy. have this matter investigated and to have a reply issued directly to the Deputy. Hospital Waiting Lists. Hospital Services. 314. Mr. Wall asked the Minister for Health and Children when a person (details supplied) in 317. Mr. Ferris asked the Minister for Health County Kildare will receive an appointment date and Children if funding will be approvedΛfor the for a hip replacement operation a Tallaght sexual assault unit at Kerry General HospitalΛto Hospital. [30738/06] be re-opened in order that victims of sexual assault and rape do not have to travel to Cork Minister for Health and Children (Ms Harney): and Waterford for treatment; and if she will make The Deputy’s question relates to the manage- a statement on the matter. [30741/06] ment and delivery of health and personal social services, which are the responsibility of the Minister of State at the Department of Health Health Service Executive under the Health Act and Children (Mr. S. Power): The Deputy’s ques- 2004. Accordingly, my Department has requested tion relates to the management and delivery of the Parliamentary Affairs Division of the Execu- health and personal social services, which are the tive to arrange to have this matter investigated responsibility of the Health Service Executive and to have a reply issued directly to the Deputy. under the Health Act 2004. Accordingly, my Department has requested the Parliamentary National Lottery Funding. Affairs Division of the Executive to arrange to 315. Mr. Haughey asked the Minister for have this matter investigated and to have a reply Health and Children if a lottery grant will be issued directly to the Deputy. awarded in relation to applications (details supplied); when those applications will be Hospitals Building Programme. finalised; and if she will make a statement on the 318. Mr. Ferris asked the Minister for Health matter. [30739/06] and Children when the construction of the com- munity hospital in Tralee will begin; and if she Minister for Health and Children (Ms Harney): will make a statement on the matter. [30742/06] My Department received an application for a grant from the Health and Children allocation of National Lottery funds from the organisations Minister for Health and Children (Ms Harney): referred to. The Deputy’s question relates to the manage- There is a protocol in my Department for pro- ment and delivery of health and personal social cessing applications for National Lottery grants. services, which are the responsibility of the When a completed application form is received Health Service Executive under the Health Act in my Department it is registered in the Finance 2004. This includes responsibility for considering Unit and forwarded to the relevant Service Div- new capital proposals or progressing those in the ision for their assessment, evaluation and recom- health capital programme. mendation. All applications are then considered Accordingly, my Department is requesting the in the context of the recommendation and the Parliamentary Affairs Division of the Executive overall level of funds available to me. The appli- to arrange to have this matter investigated and to cations are two of many under consideration for have a reply issued directly to the Deputy. a grant from my Department and the organis- ations will be informed as soon as a decision has Health Services. been made. 319. Mr. P. Breen asked the Minister for Health and Children when a person (details Asylum Applications. supplied) in County Clare will be taken off the 316. Mr. Haughey asked the Minister for waiting list for orthodontic services and will 1481 Questions— 3 October 2006. Written Answers 1482 receive treatment; and if she will make a state- from the Health Service Executive to Parliamen- ment on the matter. [30743/06] tary Question No. 185 of 27 June 2006. [30820/06] Minister for Health and Children (Ms Harney): The Deputy’s question regarding the way that Minister of State at the Department of Health children are assessed and deemed eligible for and Children (Mr. S. Power): The Parliamentary orthodontic treatment relates to the management Question referred to in the Deputy’s question and delivery of health and personal social relates to the provision of a service provided by services, which are the responsibility of the the Health Service Executive on a national basis. Health Service Executive under the Health Act It required the collation of information from a 2004. Accordingly, my Department has requested number of different sources. The collation of such the Parliamentary Affairs Division of the Execu- information is coordinated and monitored by the tive to arrange to have this matter investigated HSE’s Parliamentary Affairs Division to ensure and to have a reply issued directly to the Deputy. that a complete and comprehensive reply is com- piled and issued in response to these questions. Nursing Home Charges. The Parliamentary Affairs Division has informed my Department that the response to the Deputy’s 320. Mr. Neville asked the Minister for Health question is being finalised and will issue to the and Children the position regarding repayment of Deputy shortly. moneys under the National Payment Scheme for a person (details supplied). [30817/06] Medical Cards. Minister for Health and Children (Ms Harney): 324. Caoimhghı´nO´ Caola´in asked the Minister As the Health Service Executive has responsi- for Health and Children when a reply will issue bility for administering the Health Repayment from the Health Service Executive to Parliamen- Scheme, enquiries relating to the scheme are tary Question No. 118 of 6 July 2006. [30821/06] referred to the Parliamentary Affairs Division of the Executive. My Department has asked the Minister for Health and Children (Ms Harney): HSE to have this matter investigated and to have I am informed by the Health Service Executive a reply issued to the Deputy. that a response issued to the Deputy on 2nd October 2006. 321. Mr. Neville asked the Minister for Health and Children the position regarding an appli- Medical Aids and Appliances. cation for repayment of money under the national repayment scheme for a person (details 325. Caoimhghı´nO´ Caola´in asked the Minister supplied) in County Limerick. [30818/06] for Health and Children when a reply will issue from the Health Service Executive to Parliamen- Minister for Health and Children (Ms Harney): tary Question No. 98 of 14 June 2006. [30822/06] As the Health Service Executive has responsi- bility for administering the Health Repayment Minister of State at the Department of Health Scheme, enquiries relating to the scheme are and Children (Mr. T. O’Malley): The Deputy’s referred to the Parliamentary Affairs Division of question relates to the management and delivery the Executive. My Department has asked the of health and personal social services, which are HSE to have this matter investigated and to have the responsibility of the Health Service Executive a reply issued to the Deputy. HSE, under the Health Act 2004. Accordingly, the Department previously requested the 322. Mr. Neville asked the Minister for Health Parliamentary Affairs Division of the executive and Children the position regarding an appli- to arrange to have this matter investigated and to cation for repayment of money under the have a reply issued directly to the Deputy. The national repayment scheme for a person (details Department has again raised this matter with the supplied) in County Limerick. [30819/06] HSE Parliamentary Affairs Division, who have advised my Department that the information Minister for Health and Children (Ms Harney): requested has been collated nationally, a reply is As the Health Service Executive has responsi- currently being drafted and will issue directly to bility for administering the Health Repayment the Deputy shortly. Scheme, enquiries relating to the scheme are referred to the Parliamentary Affairs Division of Hospital Staff. the Executive. My Department has asked the HSE to have this matter investigated and to have 326. Dr. Cowley asked the Minister for Health a reply issued to the Deputy. and Children if she will increase the number of adult neurologists in the public health system which currently stands at 16; her views on Hospital Services. whether this falls far short of the 39 neurologists 323. Caoimhghı´nO´ Caola´in asked the Minister recommended in the Comhairle na nOspide´al for Health and Children when a reply will issue report; and if she will ensure that priority is given 1483 Questions— 3 October 2006. Written Answers 1484

[Dr. Cowley.] health care system. Some 2,500 beds in public to this; and if she will make a statement on the hospitals are designated as private and semi- matter. [30823/06] private. The 80:20 ratio to which the Deputy refers is an average across the entire acute Minister for Health and Children (Ms Harney): system. The percentage of beds designated as As part of the Estimates for health services in private varies between individual hospitals; for 2006, additional funding of \3m was allocated example, there is a higher ratio of private beds in specifically for the further development of neur- maternity and paediatric hospitals and a lower ology and neurophysiology services. This funding ratio in other hospitals. was provided to allow the Health Service Execu- I am concerned that there are instances where tive to further progress the implementation of the the ratio of private work has far exceeded the recommendations made by the former Comhairle stated bed designation. This is a matter which is na nOspide´al in respect of these services. central to this Government’s reform programme, My Department has requested the Parliamen- in particular, in relation to a new hospital consult- tary Affairs Division of the Executive to have this ants’ contract. matter investigated and to have a more detailed The day-to-day management of the reply issued directly to the Deputy. public/private mix in acute hospitals is the statu- tory responsibility of the Health Service Execu- 327. Mr. Connolly asked the Minister for tive. Accordingly, I have requested the Health and Children if she proposes to provide a Parliamentary Affairs Division of the Executive compensation for psychiatric nurses assaulted at to arrange to have the matter raised by the work as recommended by a Government Deputy investigated and to reply directly to the appointed task force and as discussed by her Deputy. Department, the Health Service Executive employers agency and the trade unions in May 329. Mr. Connolly asked the Minister for 2006; and if she will make a statement on the Health and Children the effects that the ban on matter. [30824/06] recruitment by the Health Service Executive is having on service delivery in the five hospitals Minister for Health and Children (Ms Harney): across the HSE north east region; her views on In considering the Report of the Task Force, the fact that lives are being placed at risk by the complex legal and financial issues emerged in failure to replace over 130 medical staff, including relation to aspects of the proposed scheme and physiotherapists, pharmacists, radiographers and their implications for the health service and the over 100 nursing staff in these hospitals; and if she wider public service. As a result the Government will make a statement on the matter. [30826/06] decided in July 2005 not to introduce a “no fault” compensation scheme for psychiatric nurses as Minister for Health and Children (Ms Harney): outlined in the Task Force Report. I confirmed There is no ban on recruitment of staff in the this position to the nurses’ representatives at a public health service. It is a matter for the Health meeting in July 2005. Service Executive, as part of its management of However, following the Government decision its employment ceiling, to determine the appro- it was decided to request the State Claims Agency priate staffing mix required to deliver its service (SCA) to examine the possibility of establishing plan priorities. I have consistently emphasised the a fixed redress fund for psychiatric nurses physi- importance of prioritising the filling of front line cally injured as a result of an assault by a patient. vacancies in complying with approved employ- Consultations between my Department, the ment levels. I have also emphasised the need to Department of Finance, the SCA and the Health achieve an appropriate balance between clinical Service Executive — Employers Agency have and non-clinical posts. been ongoing. Proposals for consideration by Approved employment levels for the health Government are at an advanced stage and I service have been adjusted since 2002 in line with expect to be in a position to bring the matter to Government policy on public sector employment Government in the near future. and also to take account of specific policy measures aimed at increasing service levels. My Hospital Services. Department is currently in discussions with the 328. Mr. Connolly asked the Minister for Department of Finance and the Health Service Health and Children if she will ensure that all Executive to agree revisions to the health service hospitals are complying with the requirement that employment ceiling to take account of service elective admissions be in an 80:20 public private developments. ratio basis; and if she will make a statement on As the Deputy’s question relates to human the matter. [30825/06] resource management issues and to the manage- ment and delivery of health and personal social Minister for Health and Children (Ms Harney): services, which are the responsibility of the The provision of private care in public acute Health Service Executive under the Health Act hospitals is long standing feature of the Irish 2004, my Department has requested the 1485 Questions— 3 October 2006. Written Answers 1486

Parliamentary Affairs Division of the Executive National Treatment Purchase Fund. to arrange to have this matter investigated and to 333. Mr. Connolly asked the Minister for have a reply issued directly to the Deputy. Health and Children if the psychiatric evaluation and the treatment of psychiatric patients can be Health Services. provided under the ambit of the National Treat- 330. Mr. Ring asked the Minister for Health ment Purchase Fund, to reduce lengthy waiting and Children if additional home help will be lists throughout the country; and if she will make given to a person (details supplied) in County a statement on the matter. [31052/06] Mayo. [30857/06] Minister for Health and Children (Ms Harney): The National Treatment Purchase Fund (NTPF) Minister of State at the Department of Health was established to expedite the provision of treat- and Children (Mr. S. Power): The Deputy’s ques- ment for patients on public hospital waiting lists tion relates to the management and delivery of who have been waiting longest for surgery. I have health and personal social services, which are the no plans to expand the remit of the NTPF to the responsibility of the Health Service Executive type of treatment referred to by the Deputy. under the Health Act 2004. Accordingly, the Department has requested the Parliamentary Accident and Emergency Services. Affairs Division of the Executive to arrange to have this matter investigated and to have a reply 334. Mr. Connolly asked the Minister for Health and Children the plans she has to deal issued directly to the Deputy. with the increasing level of patients on trolleys awaiting admission to accident and emergency 331. Mr. Perry asked the Minister for Health units as winter approaches; and if she will make and Children the funding allocated to the Irish a statement on the matter. [31053/06] Osteoporosis Society for 2006; the expected amount to be given to the charity in 2007 in view Minister for Health and Children (Ms Harney): of the great source of information and support, Tackling the problems in A&E departments is that the society provides to osteoporosis sufferers the Government’s top priority in health. Our here; the steps the Government has taken to pro- objectives are to reduce the numbers waiting for mote awareness of osteoporosis; and the actions admission, the time spent waiting for admission, the Government are taking to help the society and the turnaround time for those who can be continue its good work. [30858/06] treated in A&E and do not require admission. A & E services are improving around the coun- Minister of State at the Department of Health try. Compared to this time last year, the average and Children (Mr. S. Power): The Deputy’s ques- number of patients in A & E departments tion relates to the management and delivery of awaiting admission is down by approximately health and personal social services, which are the 40%. The average time that patients spend wait- responsibility of the Health Service Executive ing for admission has also been reduced. under the Health Act 2004. Accordingly, the The HSE established a dedicated Task Force Department has requested the Parliamentary to work with hospitals to improve the efficiency Affairs Division of the Executive to arrange to and effectiveness of services in A&E depart- ments. Teams from the Task Force undertook site have this matter investigated and to have a reply visits to each of the hospitals identified as experi- issued directly to the Deputy. encing consistent difficulties in A&E services to discuss individual issues and potential high impact solutions. The Task Force’s conclusions Hospital Waiting Lists. and recommendations will inform the HSE’s 332. Mr. Deenihan asked the Minister for actions in relation to A&E over the coming Health and Children the reasons a person (details months. supplied) in County Kerry has been waiting to be A & E departments are not standalone services; they are a critical part of a complex admitted to Cork University Hospital; and if she healthcare system. Their ability to function will make a statement on the matter. [31050/06] efficiently and effectively is heavily dependent on well-functioning practices and processes within Minister for Health and Children (Ms Harney): the entire acute hospital system, and the avail- The Deputy’s question relates to the manage- ability of integrated primary and community ment and delivery of health and personal social services. services, which are the responsibility of the In order that A & E targets and objectives can Health Service Executive under the Health Act be achieved over the clinical winter months, the 2004. Accordingly, my Department has requested HSE is introducing a broad-based Winter Initiat- the Parliamentary Affairs Division of the Execu- ive to build on its existing range of initiatives. tive to arrange to have this matter investigated The Winter Initiative will be similar to those in and to have a reply issued directly to the Deputy. place in other health systems internationally. Its 1487 Questions— 3 October 2006. Written Answers 1488

[Ms Harney.] plan for the implementation of same for children purpose is to ensure that the services required to aged 5 to 18 has been completed; and if she will address the particular demands of the winter sea- make a statement on the matter. [31095/06] son are in place and operating optimally. It will focus on a range of measures, including prevent- Minister of State at the Department of Health ative measures, public communications, discharge and Children (Mr. T. O’Malley): The implemen- initiatives, continuing care and home supports. tation of the provisions of the Education for Per- Tackling the issue of care for older people is an sons with Special Educational Needs Act, 2004 important and integral part of the Initiative. The has a significant impact on the plans for the HSE is implementing a number of measures implementation of Part 2 of the Disability Act. aimed at achieving increases in extended care The arrangements for the implementation of one provision. Act cannot be considered in isolation from the I believe that the actions and initiatives being arrangements for the other, as the same health taken by the HSE will result in the sustained service staff, mainly in the areas of disability and improvements in A & E services that patients and mental health services, will be called upon to their families deserve. provide assessments and services under both Acts. Close collaboration and cross-sectoral Health Services. working will continue at local and national level, involving the Health Service Executive (HSE), 335. Mr. Wall asked the Minister for Health National Council for Special Education (NCSE) and Children the reasons funding has not been and both Departments concerned. provided or alternative arrangements made for Following consultation between my Depart- the treatment of a person (details supplied) in ment, the HSE, the Department of Education & County Kildare in relation to the necessary Science, the NCSE and other stakeholders, it has physiotherapy that they urgently need. been agreed that, in the phasing arrangements for [31054/06] the implementation of Part 2, priority will be given to the needs of young children as follows: 336. Mr. Wall asked the Minister for Health Part 2 will commence for children aged under and Children the reasons a person (details 5 years old with effect from 1st June 2007. supplied) has not received an occupational ther- Part 2 will be commenced in respect of children apy service; the mechanism that the Health aged 5-18 in tandem with the implementation of Service Executive has put in place to provide such the EPSEN Act. a service to the person; when this will be put in In preparation for its implementation, health place; will the family be refunded for their costs related support services for children aged 5 to 18 to date for such treatment, in view of the fact that will continue to be enhanced to enable the HSE the person has a medical card; and if she will to meet needs identified for this group. make a statement on the matter. [31055/06] Harbours and Piers. 337. Mr. Wall asked the Minister for Health and Children the reason a person (details 339. Dr. Cowley asked the Minister for supplied) in County Kildare, has not been Communications, Marine and Natural Resources refunded or been provided with funds to address if his Department will invest necessary funds into major speech therapy problems that this person Lecanvey Pier, Westport, County Mayo; his views has. [31056/06] on the benefits this could have for this area and that the upgrading of this pier is necessary in Minister of State at the Department of Health order to achieve blue flag status for the beach and and Children (Mr. T. O’Malley): I propose to in the development of scenic areas overlooking take Questions Nos. 335 to 337, inclusive, Clew Bay; and if he will make a statement on the together. matter. [30543/06] The Deputy’s questions relate to the manage- ment and delivery of health and personal social Minister of State at the Department of services, which are the responsibility of the Communications, Marine and Natural Resources Health Service Executive under the Health Act (Mr. Browne): Lecanvey Pier is owned by Mayo 2004. Accordingly, my Department has requested County Council and responsibility for its repair the Parliamentary Affairs Division of the Execu- and maintenance rests with the local authority in tive to arrange to have these matters investigated the first instance. and to have a reply issued directly to the Deputy. The Department co-funded with Mayo County Council and the Department of Community, Rural and Gaeltacht Affairs a report titled ‘An Services for People with Disabilities. Assessment of Piers, Harbours and Landing 338. Mr. Stanton asked the Minister for Health Places in County Mayo’. Lecanvey Pier is iden- and Children with regard to the provisions in Part tified in that report as a marine leisure facility 2 of the Disability Act, 2005 dealing with assess- and is rated as category 2, which is a ‘medium ment of need and statement of services, if the term priority, where development and repairs 1489 Questions— 3 October 2006. Written Answers 1490 should be considered as resources become investment in advanced technology and know- available’. ledge based enterprises. The funding available to the Department under Twenty-seven MANs have been completed the Port Infrastructure Improvement Programme under the first phase and are currently being of the National Development Plan 2000-2006 is managed by ENet, the Management Services directed at projects that improve infrastructure Entity. The second phase extends the programme and facilities at key strategic fishery harbours and to over 90 towns with a population of 1,500 and the construction and improvement of berthage above that do not have a satisfactory broadband and related facilities at smaller harbours and offering from the private sector. landing places, with a key role in maintaining jobs For rural communities and the hinterlands of in fishing, aquaculture and ancillary activities. larger towns, my Department offers funding The proposed works at Lecanvey Pier do not under the Group Broadband Scheme (GBS) to come within the scope of that programme. There enable them to become self-sufficient in broad- is no other funding available in this Department band, in association with service providers. The for marine leisure projects. scheme is technology-neutral, allowing the com- munity to select the most suitable b broadband Alternative Energy Projects. delivery platform for the area. To date, over 160 projects have been approved for funding under 340. Mr. Ferris asked the Minister for this Programme. Communications, Marine and Natural Resources A joint industry/Government fund of \18 mil- if consideration has been given to the possibility lion has been established for the Broadband for of burning wood fuel in peat burning power Schools Programme to resource the provision of stations. [30589/06] high speed broadband connectivity to all primary and post primary schools in the country by end Minister for Communications, Marine and Autumn 2006, at no cost to the schools them- Natural Resources (Mr. N. Dempsey): The Green selves. 95% of schools have broadband installed Paper on Energy Policy, launched on 1 October to date; the aim is to complete the outstanding identifies the co-firing of up to 30% biomass schools in the coming weeks. including wood products at the peat fired gener- However, there are some parts of the country ating stations by 2015. The Ministerial Task Force where the private sector will be unable to justify on National Bioenergy Strategy is developing the the commercial provision of broadband con- overall framework for cohesive deployment of nectivity. I am currently examining options to bioenergy resources including biomass. address the delivery of broadband services to these areas and I hope to be in a position to bring Telecommunications Services. proposals to Government shortly. 341. Mr. Ring asked the Minister for Communications, Marine and Natural Resources Fisheries Protection. if is satisfied with the provision of broadband in 342. Mr. Perry asked the Minister for rural Ireland; his views on whether money, time, Communications, Marine and Natural Resources jobs and investment are being lost due to the lack if he has authorised dredging for mussel seed of broadband in rural areas; and if he will make within Lough Swilly; if so, the purpose of activity; a statement on the matter. [30590/06] the basis on which licences have been awarded to facilitate the harvesting of mussel seed in Lough Minister for Communications, Marine and Swilly; if the mussel seed is being transferred to Natural Resources (Mr. N. Dempsey): The pro- Lough Foyle, the measures taken to ensure that vision of telecommunications services, including the disease Bonamia Ostrea, which is prevalent broadband, is a matter in the first instance for in Lough Foyle, is not transferred to Lough the private sector companies operating in a fully Swilly; and if he will make a statement on the liberalised market, regulated by the Commission matter. [30592/06] for Communications Regulation (ComReg), the independent regulator. Minister of State at the Department of However, it has been clear for some time that Communications, Marine and Natural Resources the sector has failed to invest at the level neces- (Mr. Browne): Under the Voisinage Agreement sary to keep pace with the demand for broad- the mussel seed fishery in Ireland is managed on band. My Department’s regional broadband an all-island basis. On advice from a joint advis- programme is addressing the infrastructure deficit ory committee, I authorise mussel dredging by by building high-speed open access broadband Irish Registered Fishing vessels in Irish waters networks, in association with the local and and waters around Northern Ireland for the pur- regional authorities, in the major towns and cities. pose of ongrowing on aquaculture sites. These Metropolitan Area Networks (MANs) will The joint advisory committee, comprising rep- allow the private sector to offer world-class resentatives from the Department of Communi- broadband services at competitive costs. The net- cations, Marine and Natural Resources works offer towns opportunities to attract inward (DCMNR), Bord Iascaigh Mhara (BIM), Depart- 1491 Questions— 3 October 2006. Written Answers 1492

[Mr. Browne.] number of the vessels operating in the Lough ment of Agriculture and Rural Development Swilly Wild-Oyster fishery were found not to be (DARD) in Northern Ireland and the Loughs correctly licensed and registered, and written Agency, assesses applications for allocations of warnings issued by the Naval Service to two fish- Mussel seed and advises the Department and ing vessels in that regard. DARD in Northern Ireland accordingly. The The other fishing vessels found to be operating advisory committee’s recommendations for allo- in Lough Swilly on that day were given instruc- cations are based on factors such as the operator’s tions by a Department of Communications, track record and production levels of bottom Marine and Natural Resources Sea Fishery mussels. Allocations are made in respect of an Officer to return to port until they could establish authorised vessel and specified aquaculture sites. that they were appropriately licensed and regis- The purpose of dredging for mussel seed in tered to engage in commercial fishing. Lough Swilly, or in any other waters, is specifi- Although the Naval Service operates entirely cally for relaying the seed to the operators’ own independently in the carrying out of its functions licensed aquaculture sites. The proposed allo- of fishery control, on this particular occasion the cations are submitted to the Department for my Naval Service was engaged in one of a number of approval prior to the issuing of authorisations to joint operations with the Department of fish for mussel seed. Communications, Marine and Natural Resources In line with the requirements of EU regu- to regulate inshore fisheries. lations, under Irish legislation, measures are in Licences issued by the Northern Regional Fish- place, which provide for the control of move- eries Board relate to participation in a given fish- ments of shellfish from bays around the coast. ery in its area of responsibility only. Following the detection of bonamia ostrea in Lough Foyle last year, specific controls were put 344. Mr. Perry asked the Minister for in place on movements of shellfish from the lough Communications, Marine and Natural Resources by SI 500 of 2005. In addition, a comprehensive the element of his Department resources which is range of guidelines, drawn up by this Department responsible for dealing with the Lough Swilly working with the Department of Agriculture & wild oyster fishery; if his attention has been Rural Development, Northern Ireland, the drawn to the issues underlying the conflict in Marine Institute and the Loughs Agency, has Lough Swilly; if he is satisfied that all possible been put in place in respect of shellfish operations action has been taken to address and resolve the in Lough Foyle. A copy of the guidelines was cir- dispute; and if he will make a statement on the culated to all operators on the 28th of July 2005 matter. [30596/06] to help prevent the spread of the parasite. Oper- ators have been strongly advised to adhere to Minister of State at the Department of these guidelines. Communications, Marine and Natural Resources Based on the framework outlined above, appli- (Mr. Browne): The Lough Swilly Wild Oyster cations made to this Department to move shell- Fishery is regulated by the issue of oyster fishing fish originating in Lough Foyle for ongrowing in licences by the Northern Regional Fishery Board areas free of bonamia, would be refused. A move- on an annual basis. Approximately 30 operators ment licence was issued by the Department to are licensed to fish for wild oysters within the move 850 tonnes of mussel seed from Lough Lough. Swilly, which is free of bonamia ostrea, to Lough The Department has received reports of Foyle in February 2006. encroachment by some oyster fishermen into a licensed aquaculture site within the Lough. The 343. Mr. Perry asked the Minister for allegations have been investigated by the Depart- Communications, Marine and Natural Resources ment in consultation with the Naval Service, the circumstances under which fisheries officers, which has recently undertaken patrols in the in September 2006 approached wild oyster fisher- Lough. men licensed by the Northern Regional Fisheries The Department has advised the representa- Board and gave them notice in writing to cease tives of the Lough Swilly Wild Oyster Develop- and desist their dredging activities; and if he will ment Association that fishing within a licensed make a statement on the matter. [30595/06] aquaculture site is an offence under the Fisheries (Amendment) Act, 1997 and that there are no Minister of State at the Department of circumstances in which such encroachment can Communications, Marine and Natural Resources be justified. (Mr. Browne): The position is that all Irish fishing An application for an aquaculture licence by vessels engaged in commercial fishing activities the Association in respect of oyster beds iden- are required to be appropriately licensed and tified in a survey undertaken by Aquaculture registered as such. Initiative is under consideration. Officials of the In early September 2006, on foot of a joint Department have met representatives of the Department of Communications, Marine and Association and advised them as to the further Natural Resources and Naval Service patrol, a information required to allow consideration of 1493 Questions— 3 October 2006. Written Answers 1494 their application to be progressed. Some of the vision of broadband in eight locations in the additional information has been received and it is region; if his attention has been drawn to the fact expected that the outstanding issues can be that the alternative wireless methodology of resolved without undue delay. delivering broadband serviced is considered inferior to what was previously agreed; and if he Alternative Energy Projects. will make a statement on the matter. [30677/06] 345. Mr. Ferris asked the Minister for Minister for Communications, Marine and Communications, Marine and Natural Resources Natural Resources (Mr. N. Dempsey): The pro- the targets which have been set for the increasing vision of telecommunications services, including of the capacity to generate electricity from wind broadband, is a matter in the first instance for power; and if he will make a statement on the the private sector companies operating in a fully matter. [30598/06] liberalised market, regulated by the Commission Minister for Communications, Marine and for Communications Regulation (ComReg), the Natural Resources (Mr. N. Dempsey): The Green independent regulator. Paper on Energy Policy published on 1 October However, it has been clear for some time that envisages a target of 30% of electricity consumed the sector has failed to invest at the level neces- to be produced from renewable energy sources sary to keep pace with the demand for broad- by 2020. This is double the 15% target already band. My Department’s regional broadband announced by for 2010. It is expected that wind programme is addressing the infrastructure deficit powered technology will make the key contri- by building high-speed open access broadband bution to achieving the target. networks, in association with the local and regional authorities, in the major towns and cities. 346. Mr. Ferris asked the Minister for These Metropolitan Area Networks (MANs) will Communications, Marine and Natural Resources allow the private sector to offer world-class the annual capacity for Ireland for generating broadband services at competitive costs. electricity from wind power. [30599/06] Twenty-seven MANs have been completed under the first phase and are currently being Minister for Communications, Marine and managed by ENet, the Management Services Natural Resources (Mr. N. Dempsey): Support Entity. The second phase extends the programme programmes put in place by the Government to over 90 towns with a population of 1,500 and have more than doubled the capacity of renew- above that do not have a satisfactory broadband able energy powered electricity generating plants offering from the sector. connected to the electricity network in the last Shannon Broadband Limited (SBL) is acting as two years. I recently announced an ambitious an agent for the Local Authorities in the Shannon programme to treble the contribution by renew- region to construct eight networks. SBL have able energy sources from 5.2% of gross electricity submitted detailed designs to my Department for consumption in 2004 to 15% by 2010. There is technical consideration. Both fibre and wireless no disaggregation of this target into annualised methodologies are capable of delivering high- targets. The Green Paper on Energy Policy pub- speed broadband solutions. I hope that SBL will lished on 1 October states our commitment to be in a position to issue construction tenders achieve 30% of electricity consumed to be pro- shortly. duced by renewable energy by 2020. Alternative Energy Projects. 347. Mr. Ferris asked the Minister for Communications, Marine and Natural Resources 349. Mr. Ferris asked the Minister for the number of people who have applied for and Communications, Marine and Natural Resources been awarded the renewable energy grant since the number of tonnes of biofuels which were pro- its introduction. [30676/06] duced here in 2005. [30794/06]

Minister for Communications, Marine and Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): In the 26 Natural Resources (Mr. N. Dempsey): In 2005 week period up to 25 September 2006 since the there were over 1.3m litres of biofuels produced Greener Homes Scheme was launched, a total of in Ireland which equates to approximately 1.1m 7,716 applications have been received for grant tonnes of biofuels when the three categories of aid and of these 6,842 offers of grant aid have biofuel currently being produced are combined. issued. Telecommunications Services. Telecommunications Services. 350. Mr. Ring asked the Minister for 348. Mr. Noonan asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources if he will introduce incentives to ensure that the reason a company (details supplied) are not broadband is made available to all areas in rural being allowed to proceed to tender for the pro- Ireland at a reasonable cost, in view of the flat- 1495 Questions— 3 October 2006. Written Answers 1496

[Mr. Ring.] on 24 March 2006 to consider raising the target rate dial up plus rental costs which is the only for share of renewable energies to 15% by 2015 option for many people in rural Ireland as a result and the share of biofuels to 8%; and his views on of the high costs of satellite broadband; and if he whether these would constitute a viable target for will make a statement on the matter. [30795/06] Ireland. [30796/06]

Minister for Communications, Marine and Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): The pro- Natural Resources (Mr. N. Dempsey): I recently vision of telecommunications services, including announced an ambitious programme to almost broadband, is a matter in the first instance for treble the contribution from renewable energy the private sector companies operating in a fully sources from 5.2% of gross electricity consump- liberalised market, regulated by the Commission tion in Ireland in 2004 to 15% by 2010, some five for Communications Regulation (ComReg), the years in advance of the target discussed at the independent regulator. Spring Council meeting. This is a challenging but However, it has been clear for some time that viable target. We have gone further again in stat- the sector has failed to invest at the level neces- ing in the Green Paper on Energy Policy pub- sary to keep pace with the demand for broad- lished on 1 October our commitment to an band. My Department’s regional broadband ambitious target of 30% by 2020. programme is addressing the infrastructure deficit With regard to biofuels, Ireland, like many by building high-speed open access broadband other EU Member States, is developing its bio- networks, in association with the local and fuels sector from a low base. This is borne out by regional authorities, in the major towns and cities. the fact that Member States combined reported a These Metropolitan Area Networks (MANs) will target of 1.4% for 2005, which is below the allow the private sector to offer world-class Directive’s indicative target. The Commission has broadband services at competitive costs. accepted Ireland’s target of 2% by 2008. The new Twenty-seven MANs have been completed excise relief programme is being rolled out from under the first phase and are currently being this year to 2010 and will enable us to reach the managed by ENet, the Management Services initial target of 2% market penetration of bio- Entity. The second phase extends the programme fuels by 2008. to over 90 towns with a population of 1,500 and The Green Paper on Energy proposes a further above that do not have a satisfactory broadband target of 5.75% for biofuels market penetration offering from the private sector. by 2010. To achieve this target, a significant For rural communities and the hinterlands of change in land use patterns or a level of imports larger towns, my Department offers funding may be required. The Ministerial Task Force on under the Group Broadband Scheme (GBS) to Bio-energy Strategy is addressing the most appro- enable them to become self-sufficient in broad- priate measures required to achieve this target band, in association with service providers. The and this will inform decisions on future targets scheme is technology-neutral, allowing the com- munity to select the most suitable broadband including the viability of a target of 8% market delivery platform for the area. To date, over 160 penetration of biofuels by 2015. projects have been approved for funding under this Programme. Acquaculture Licences. \ A joint industry/Government fund of 18 mil- 352. Mr. O’Shea asked the Minister for lion has been established for the Broadband for Communications, Marine and Natural Resources Schools Programme to resource the provision of when an aquaculture licence will be re-issued to high speed broadband connectivity to all primary a person (details supplied) in County Waterford; and post primary schools in the country by end and if he will make a statement on the matter. Autumn 2006, at no cost to the schools them- [31024/06] selves. 95% of schools have broadband installed to date; the aim is to complete the outstanding Minister of State at the Department of schools in the coming weeks. Communications, Marine and Natural Resources However, there are some parts of the country (Mr. Browne): Following a review of aquaculture where the private sector will be unable to justify licences in Dungarvan the Department identified the commercial provision of broadband con- a number of licensed areas which were poorly nectivity. I am currently examining options to maintained. The relevant licence holders, includ- address the delivery of broadband services to ing the person to whom the Deputy refers, were these areas and I hope to be in a position to bring advised in writing that their licence could not be proposals to Government shortly. renewed unless they undertook remedial action in respect of the maintenance and tidiness of Alternative Energy Projects. their sites. 351. Mr. Ferris asked the Minister for The Department intends to carry out a follow Communications, Marine and Natural Resources up inspection of these sites and if they are found his views on the proposal made at the EU summit to be in a satisfactory condition, the question of 1497 Questions— 3 October 2006. Written Answers 1498 licence renewal will be given speedy con- Relations Council, which I attended in Brussels sideration. on 15 September, stated clearly the position of the EU that lasting peace and security in the Departmental Contracts. region can only be ensured by a comprehensive settlement, with a negotiated two-State solution 353. Mr. Ferris asked the Minister for to the Israeli – Palestinian conflict at its core. Communications, Marine and Natural Resources The terrible violence and suffering in Lebanon if he will make available the terms of the lease this summer was both tragic and unnecessary. granted to a company (details supplied) and other The immediate cause of the conflict was an documents that were subject to an order of dis- unprovoked attack by Hezbollah on Israeli terri- covery made in the High Court; and if he will tory, and the killing and capture of a number of make a statement on the matter. [31025/06] Israeli soldiers. From the beginning, the Govern- ment called unambiguously for an immediate Minister for Communications, Marine and cessation of violence and the protection of civ- Natural Resources (Mr. N. Dempsey): I have ilian lives. I fully acknowledged that Israel had a been advised that I am legally prevented from right to defend itself against the attacks, but not considering the Deputy’s request in light of the at the expense of the rights and the lives of fact that these documents are the subject of Lebanese civilians. We were shocked at the harsh court proceedings. and disproportionate military response by Israel, at the very high civilian casualties and at the Middle East Peace Process. widespread destruction of vital civilian infrastruc- 354. Mr. O’Connor asked the Minister for ture. The UN Secretary General has quoted Foreign Affairs if he continues to monitor the official Lebanese figures showing that 1,187 situation in the state of Palestine; and if he will people died and 4,092 were injured in the country make a statement on the matter. [31148/06] as a result of the conflict. The UN estimates that 1 million Lebanese people were displaced from 357. Mr. Haughey asked the Minister for their homes, the vast majority of whom have now Foreign Affairs the position in relation to returned. The conflict also resulted in the deaths Government policy on the recent conflict in Israel of 43 Israeli civilians and 117 soldiers. Some and the Lebanon; and if he will make a statement 300,000 people were displaced from their homes. on the matter. [30736/06] The Government and our partners in the EU will remain actively engaged in support of the full 364. Mr. Connolly asked the Minister for implementation of Security Council Resolution Foreign Affairs his assessment of the Middle East 1701, which was adopted unanimously on 11 peace process at present; if he envisages its resto- August. It created the basis on which the fighting ration in the foreseeable future; and if he will was brought to an end three days later and it make a statement on the matter. [30811/06] offers a path to a stable peace, based on the terri- torial integrity, sovereignty and political indepen- 367. Mr. Connolly asked the Minister for dence of Lebanon. The EU has taken the lead in Foreign Affairs the number of civilian casualties ensuring that the deployment of a strengthened in the recent war in the Lebanon; and if he will UNIFIL force in Southern Lebanon, alongside make a statement on the matter. [30814/06] units of the Lebanese Army, has proceeded smoothly, and that the ceasefire has held. The Minister for Foreign Affairs (Mr. D. Ahern): I mission will be strengthened further over the propose to take Questions Nos. 354, 357, 364 and coming weeks, and I indicated at the UN last 367 together. week that the Government expected to be in a The situation in the Middle East, especially in position to decide on an Irish contribution to the Occupied Palestinian Territories, remains at UNIFIL II, subject to Da´il approval. the top of the foreign policy agendas of Ireland The Government remains very seriously con- nationally and of the European Union. The con- cerned about the deteriorating situation in the flict in Lebanon this summer and the continuing Occupied Territories. The situation in Gaza in crisis in Gaza and the West Bank, serve to under- particular is unsustainable. As I stated at the UN line that there is no military or unilateral solution General Assembly, it is time for a major new to the inter-related problems of the region. It is international effort to launch serious negotiations the strong view of the Government, and of our for a settlement based on the essential elements partners in the EU, that the underlying cause of of the Quartet Roadmap, with the clear objective the recurring crises in the region is the absence of the establishment of two sovereign, viable and of a credible process for a comprehensive settle- democratic States, living together in peace and ment. I stated in my address to the UN General security. Assembly on 26 September that a comprehensive We strongly support the efforts of President settlement is more urgently required now than at Mahmoud Abbas to form a Palestinian Govern- any time in the past 60 years. The most recent ment of national unity, committed to the peace meeting of the General Affairs and External process and reflecting the principles set out by 1499 Questions— 3 October 2006. Written Answers 1500

[Mr. D. Ahern.] Committee over the summer. It was also encour- the EU and the Quartet following the elections aging that those meetings led to agreement on in January. I have stated consistently that if he is some of the issues which need to be addressed in successful, I will argue very strongly for a gen- the context of restoration. We will seek to build erous and creative political response by the EU on that work when we meet the parties for high- and the international community. The EU is level talks in Scotland next week. Those talks will working closely with the Israeli Government and be critical to the success of our efforts. The the Palestinians on the basis that both parties Governments are approaching them with serious must demonstrate that they are ready to meet intent. We hope all the parties will do likewise. their obligations under the Roadmap and under In the meantime, we are intensifying contact international law. We hope that there will be an with the parties. I met with Mark Durkan and early, substantive meeting to this end between some of his colleagues in the SDLP in Derry on Prime Minister Olmert and President Abbas. 14 September, and yesterday I met in Stormont The immediate priority must be to end the with representatives of the UUP, Sinn Fe´in, humanitarian and security crisis in Gaza. This Alliance and the PUP. Contacts will continue must involve the release of the captured Israeli over the coming days in advance of the talks in soldier and of imprisoned Palestinian legislators, Scotland. I am due to meet the Secretary of State the ending of violence from all sources and the tomorrow at Hillsborough to review the outcome reopening of crossing points for people and for of those meetings and to plan for the Scotland goods. The violence of recent days underlines the talks. urgency of the situation, and the need for acts of I genuinely believe that with political will, political courage on all sides. In addition, while agreement is possible between the parties by 24 the EU has this year increased the level of its November. The Governments cannot make this assistance to the Palestinian people, it is essential happen — the best prospects of a sustainable deal that Israel resume transfers of the taxes and cus- will arise from all the parties working together in toms duties owed to the Palestinian Authority, an inclusive process. However, I can assure the which it is withholding. Deputy that I personally will spare no effort in the weeks remaining to secure a deal. Northern Ireland Issues. 355. Mr. O’Connor asked the Minister for Passport Applications. Foreign Affairs the position in relation to his con- 356. Mr. Noonan asked the Minister for tacts with all the parties in respect of the Foreign Affairs if he will establish a passport Northern peace process; the work programme he office in Limerick; if his attention has been drawn is following in that regard; and if he will make a to the inconvenience and difficulty experienced statement on the matter. [30448/06] by applicants in travelling to Cork or Dublin for passports required at short notice; if his further Minister for Foreign Affairs (Mr. D. Ahern): attention has been drawn to the desirability of a When they met on 6 April last in Armagh, the passport office in close proximity to Shannon Air- Taoiseach and Prime Minister Blair set out the port; and if he will make a statement on the Governments’ joint strategy for achieving a fully matter. [30563/06] functioning Assembly and Executive this year. Since then, the Taoiseach and I have been Minister for Foreign Affairs (Mr. D. Ahern): engaged in intensive efforts, in conjunction with While there are no plans at present to open the British Government, to achieve restoration of further passport offices, it is the policy to keep the institutions by the 24 November deadline. the operation of the passport service under on- This has involved regular and ongoing contacts going review. As background, I should say that with the political parties, which have intensified the majority of passports are now issued through in recent months. the “Passport Express” service which is operated On 29 June I accompanied the Taoiseach to jointly by my Department and An Post. This Stormont for a series of high level meetings service is available in over 1,000 post offices between the Governments and the political par- throughout the State. Overall, more than 90% of ties to take stock of developments since the recall all passports are processed within 10 working of the Assembly on 15 May. To assist the parties days. in their preparations for Government we pub- In response to the ever increasing demand for lished a workplan and a timetable clearly setting passports in recent years, as well as requirements out the steps to restoration of the institutions by for higher security standards, and a commitment 24 November. We stressed that the key to success to offer our citizens the most effective possible is engagement and agreement between the par- service, the passport issuing system has been ties themselves and we urged them to make full going through a process of modernisation and use of the summer period and to engage seriously upgrading. A new Automated Passport System on resolving the issues necessary for restoration. was introduced in late 2004, in the new Passport It was encouraging to see engagement between Production facility in Balbriggan, Co. Dublin, fol- the parties in the Preparation for Government lowed by the main Passport Office in Molesworth 1501 Questions— 3 October 2006. Written Answers 1502

Street in January 2005. The system was extended second tranche of which (\130,000) is due to be to the Cork and London Passport Offices in late released shortly. The mission’s mandate is to 2005 and to all our Missions abroad during 2005 provide comprehensive support to the Colombian and 2006. Our new passport booklet is one of the peace process, with a focus both on the demobil- most secure in the world and has been widely isation process and on the strengthening of insti- admired. tutions concerned with the rule of law. I also The Department is also working on developing attach the highest priority to the humanitarian online facilities to enable applicants to track the and human rights dimension of the OAS mis- progress of their application over the internet. sion’s role. With this in mind, an additional This facility will be available imminently. We are \130,000 was given to the Inter-American Com- also introducing biometrics into passports later mission on Human Rights in December 2005 for this month, in order to further improve passport the independent monitoring of human rights security and comply with the latest international issues in support of the mission. standards for secure travel documents. It will also The EU has confirmed its readiness and that of ensure that Irish citizens can continue to avail of its Member States to assist the Colombian visa free travel to the United States. government and civil society in the provision of support for communities affected by the internal Question No. 357 answered with Question conflict. It has also called on all parties to the No. 354. conflict to respect human rights and international humanitarian law and commended the work of Human Rights Issues. the Office of the United Nations High Com- missioner for Human Rights (UNHCHR) in Col- 358. Mr. Connolly asked the Minister for ombia. My Department will continue to monitor Foreign Affairs his views on the deteriorating the situation in Colombia through our Embassy humanitarian crisis on the Catatumbo region in in Mexico City, as well as in cooperation with our north-eastern Colombia, where many thousands EU partners with resident Embassies in of people are being displaced by increased viol- Colombia. ence and human rights violations; and if he will make a statement on the matter. [30804/06] Foreign Conflicts. Minister for Foreign Affairs (Mr. D. Ahern): 359. Mr. Connolly asked the Minister for The situation to which the Deputy refers relates Foreign Affairs his views on the continuing to the recent intensification of violence in the military campaign in north Darfur; the prospects Catatumbo region of north-eastern Colombia for ending the indiscriminate aerial bombardment located close to the western border of Venezuela. by government aircraft that serves to exacerbate This region has suffered greatly from violence the humanitarian crisis; and if he will make a throughout the period of internal strife in Colom- statement on the matter. [30805/06] bia, compounded by resistance on the part of irregular armed groups to Government attempts Minister for Foreign Affairs (Mr. D. Ahern): to eradicate illegal coca cultivation. The UNHCR The Government has consistently made clear that has registered an estimated 2,000 internally dis- it is gravely concerned about the continuing placed persons from the Catatumbo region since humanitarian and political crisis in Darfur and is the beginning of 2006. using all avenues to urge concerted international Ireland, together with the EU, continues to action to resolve it. We have been very active monitor the humanitarian and human rights bilaterally, at EU level and in the UN context. situation in Colombia. Real progress towards an We will continue to use every opportunity to per- improvement in the humanitarian and human suade the Government of Sudan to accept a UN rights situation of all the people of Colombia is force in Darfur. most likely to be made in the context of a settle- Darfur was top of the agenda in my meetings ment of the internal armed conflict, with efforts in New York last week with the Sudanese Foreign to bring about an end to civil strife currently Minister and UN Secretary General Annan. It being undertaken within the framework of the was also a major topic in my address to the UN Justice and Peace Law. In this regard, a recent General Assembly on 26 September 2006. Last EU Heads of Mission in Colombia report noted July, I was the first EU Foreign Minister to visit a positive trend of improvement in the human Darfur since the signature of the May Peace rights situation in Colombia, specifically in Agreement, where I visited the largest displaced relation to the rights of internally displaced per- persons’ camp, at Abu Shouk, near El Fashir. sons, with the reinforced application of the The renewed fighting in areas of North Darfur national legal framework resulting in a decrease is alarming. The decision by the Sudan Govern- in new displacements. ment to seek a military solution and bring more Ireland undertook in June 2005 a commitment troops to the region, coupled with fighting among to contribute \390,000 over a three year period armed groups, shows utter disregard for the May to the Organization of American States’ (OAS) 2006 Darfur Peace Agreement. It is clear from peace and verification mission in Colombia, the the killing and suffering of civilians during attacks 1503 Questions— 3 October 2006. Written Answers 1504

[Mr. D. Ahern.] to act the international community will have to on villages and internally displaced persons that consider possible further measures. combatants are not distinguishing between civ- ilian and military targets. As indicated by the UN 360. Mr. Connolly asked the Minister for Secretary General in his report of 26 September, Foreign Affairs his assessment of the current Darfur is at a critical stage; insecurity in this situation in Kosovo; his views on the prospects troubled region is at its highest levels and for its future autonomy or independence; and if humanitarian access at its lowest levels since he will make a statement on the matter. 2004. The Secretary General pointed out that, [30806/06] unless security improves, the world is facing the prospect of having to drastically curtail an acutely Minister for Foreign Affairs (Mr. D. Ahern): needed humanitarian operation. As the Deputy will be aware, Kosovo has been On 25 September, Mr Jan Pronk, the Special under UN administration since the end of the Representative of the Secretary General for conflict there in 1999, in accordance with UN Sudan, wrote to the leaders of the Government Security Council Resolution 1244. The United of Sudan and all movements involved in military Nations Interim Administration Mission in action in Darfur urging them to refrain from hos- Kosovo (UNMIK) has been working with the tilities and resume dialogue during the Muslim Provisional Institutions of Self Government to month of Ramadan (24 September – 24 October), bring about the implementation of European as a gesture of sincerity and goodwill towards Standards in areas such as minority rights and the civilians. rule of law. On 15 September, EU Ministers for Foreign On 24 October 2005 the then Special Envoy of Affairs condemned the reported military attacks the UN Secretary General, Ambassador Kai Eide by both the Sudanese Government and the rebel of Norway, presented to the UN Security Council groups and stressed that any military action will a report of his comprehensive review of the only further aggravate the already alarming situation in Kosovo. Ambassador Eide was criti- humanitarian situation. Ministers emphasised cal of many aspects of the situation in Kosovo. that the Sudanese Government should stop their He described the prospects for a multi-ethnic military action in Darfur, abide by the ceasefire society as “grim” and was especially critical of the agreement and respect their commitments under lack of progress in bringing about the rule of law. the Darfur Peace Agreement. Non-signatories Nevertheless he recommended that, while there should be held fully responsible for the fulfilment would never be an ideal time to decide Kosovo’s of their commitments set out in the April 2004 future status, the time had come to begin a politi- N’djamena Ceasefire Agreement. I call on all cal process to consider this. parties in the strongest terms to halt the violence and uphold their obligations to protect civilians. As recommended by Ambassador Eide, a pro- cess of consideration of the future status of The reported bombing raids in North Darfur by the Sudanese Government are a violation of Kosovo has been under way since last year, led UN Security Council Resolution 1591 (2005), by the UN Secretary General’s Special Envoy, which demanded that the Government of Sudan former Finnish President Martti Ahtisaari. should immediately cease conducting offensive Ireland and our EU partners fully support the military flights over the Darfur region, in accord- work of Mr Ahtisaari and his team. ance with its obligations under the N’djamena Talks between Serbia, including representa- Ceasefire Agreement and the November 2004 tives of the Kosovo Serb community, and rep- Abuja Security Protocol. In its April 2006 report resentatives of the Kosovo Albanian community to the Security Council, the Panel of Experts began in Vienna under the auspices of Mr Ahti- established under Resolution 1591 (2005) recom- saari in February last. They focused on such mended that the Council should consider estab- issues as decentralisation, seen as a confidence lishment of an air exclusion zone (no fly zone) building measure for minorities, and protection over the entire Darfur region for all Government of Serb religious and cultural sites. Neither these of Sudan aircraft and aircraft utilised by parties talks nor parallel talks, focusing on the status to the conflict in Darfur. The Council has not yet issue and taking place over the summer, produced done so. However, Resolution 1591 (2005) does any significant measure of agreement. provide that individuals responsible for offensive Mr Ahtisaari is now expected to bring forward military overflights can be subjected to a travel proposals to the UN Security Council before the ban or economic sanctions if the Council so end of the year. While the exact nature of the decides. proposals remain to be seen, there is an expec- As I stated when I addressed the UN General tation that he will recommend that Kosovo be Assembly last week, the suffering of the people of granted independence, albeit with limitations Darfur shames the world. We cannot indefinitely upon it, and with a continuing major role for the stand by and watch with horror from the sidel- international community. Finally, it is broadly ines. The Sudanese Government has a clear agreed that whatever arrangements emerge must responsibility to protect its citizens and if it fails offer guarantees for the protection of minorities, 1505 Questions— 3 October 2006. Written Answers 1506 including their participation in public admini- Zimbabwe, including Ireland’s, are also main- stration. taining contact with all those within Zimbabwean society who may be in a position to influence International Relations. positive change. The Government is also continuing to make 361. Mr. Connolly asked the Minister for available humanitarian assistance to the people of Foreign Affairs his views on the state of EU- Zimbabwe. Since 2004 Ireland has committed Zimbabwe relations at present; and if he will over \13 million in aid to Zimbabwe, including make a statement on the matter. [30807/06] \3.7 million this year to address emergency needs. The largest proportion of this funding is Minister for Foreign Affairs (Mr. D. Ahern): for immediate humanitarian needs, particularly The EU’s restrictive measures against Zimbabwe the provision of food assistance. Ireland is also were initially imposed in February 2002 and were providing funding to mitigate the impact of the renewed for a further twelve months in February HIV/Aids pandemic in Zimbabwe which is esti- 2006. The restrictive measures involve a travel mated to infect 25% of the population. Earlier ban, assets freeze and arms embargo and are very this year Ireland approved a new programme of much targeted at the leading members of the funding for HIV/Aids in Zimbabwe amounting to ZANU-PF government, and not at the people of \7.5m over the years 2006-2008. Zimbabwe. The EU has also suspended its development cooperation with Zimbabwe, although certain types of cooperation involving Foreign Conflicts. the provision of basic services are exempted, with 362. Mr. Connolly asked the Minister for a view to avoiding an adverse effect on the Foreign Affairs his views on the recent bloodless population. coup in Thailand; the implications of same for Within Zimbabwe itself, the overall political, that country’s democracy; and if he will make a economic and humanitarian situation continues statement on the matter. [30808/06] to deteriorate. Inflation in Zimbabwe is now esti- mated to be 1200%, the highest in the world, Minister for Foreign Affairs (Mr. D. Ahern): I while unemployment is estimated to be around am concerned about the situation in Thailand and 80%. There continue to be severe food shortages am carefully monitoring developments there. I in the country, with over one million people cur- had been aware of the political difficulties in that rently requiring sustained food assistance. The country and, indeed, had had an opportunity to dire political and economic conditions have led discuss the situation there with the then Foreign to large-scale immigration, with at least 2 million Minister of Thailand, when he visited Ireland a Zimbabweans now judged to be living illegally in few weeks ago, but the staging of a coup was South Africa. unexpected. There is at yet no indication that the Ireland, along with our EU partners, supported Zimbabwean government is willing to alter the a statement issued by the Finnish EU Presidency policies which have brought about this situation immediately after the coup which condemned the or introduce those democratic and economic take-over of power from the democratic govern- reforms long called for by the international com- ment of Thailand by the Thai military forces, munity and which, if introduced, would positively demanded that the military forces stand back and influence EU-Zimbabwe relations. On the con- give way to the democratically-elected political trary, we have seen increased repression, with government and expressed the hope that Thai- large-scale arrests of peaceful demonstrators and land will soon be able to return to democratic credible reports of trade union leaders being order. seriously ill-treated in police detention last We were also party to a follow-up EU State- month. There is also no evidence of serious ment delivered on 28 September reiterating the efforts by the Zimbabwean government to re- great importance that the EU attaches to Thail- house the many hundreds of thousands of people and’s speedy return to democracy and consti- left homeless, following Operation Murambats- tutional order, legitimised by free and democratic vina launched in May 2005. elections to be held as soon as possible. The state- It is clear that international pressure needs to ment went on to call for martial law to give way, be maintained on the Mugabe government to without delay, to the rule of ordinary law with alter its current policies. Ireland and our EU part- full respect for human rights and civil liberties. ners are determined to continue working with Noting the military leadership’s assurances that others in the international community, including Thailand will continue to abide by the United our partners in Africa who can exert particular Nations Charter and international treaties and influence, to help promote democratic change in agreements, the EU stated that the decisions and Zimbabwe. I discussed the current situation in actions of the new military-appointed govern- Zimbabwe with the South African Foreign Mini- ment will be evaluated by the EU in the light of ster in New York on 25 September and urged Thailand’s international obligations, inter alia in South Africa to continue its efforts to influence the area of human rights, including freedom of the situation positively. EU Ambassadors in expression and freedom of assembly, as well as 1507 Questions— 3 October 2006. Written Answers 1508

[Mr. D. Ahern.] of Aung San Suu Kyi and for greater progress the military leadership’s specific assurances to towards democracy. this respect as mentioned above. It concluded by These statements by the Taoiseach and myself emphasising that it is for the people of Thailand are consistent with the strong position on Burma as a whole to decide upon Thailand’s future which Ireland takes on all possible occasions, government. including in the European Union framework and I recognise that a difficult political situation at the United Nations. Together with our EU had prevailed in the country for some time; that partners, we avail of all opportunities to call for the coup was carried out without bloodshed; that the immediate release of Aung San Suu Kyi, to the coup leaders agreed to abide by the United condemn the abuse of human rights and funda- Nations Charter and international law; that they mental freedoms and deplore the lack of progress received the endorsement by King Bhumipol towards democracy in Burma. Adulyadej to create an interim Government; that The visit by UN Under-Secretary-General (UN some powers, at least, are being transferred to the USG) Gambari to Burma from 18-20 May was newly-appointed interim Prime Minister, and the the first high-level visit to that country by a UN Cabinet due to be appointed this week; and that representative in more than two years. I welcome a commitment has been given to holding elections the fact that he was able to meet with the most within a year, and to the restoration of full demo- senior Burmese leaders as well as with Aung San cratic government thereafter. Suu Kyi and representatives of her party, the However, the Irish Government – as a funda- National League for Democracy, during the visit. mental principle — cannot accept military coups The Burmese government should allow the UN as a legitimate way to resolve political difficulties to play a role in promoting common ground in Thailand, or anywhere else. While reassured in between the government and the National some respects by the commitments made by the League for Democracy so that the National Con- coup leaders, I remain concerned about a number vention, when it resumes its work, can proceed in of issues. My concerns relate, in particular, to the a more inclusive way. protection of human rights and civil liberties, The situation in Burma was most recently dis- including freedom of expression and freedom of cussed at the EU General Affairs and External assembly, during the interim period; to the year- Council Meeting in Luxembourg on 12 June. On long delay envisaged before elections are held that occasion the possibility of the situation in and democratic government restored; to the Burma coming before the UN Security Council degree of control still retained by the coup was discussed. Subsequently, the UN Security leaders under the new interim Constitution; and Council decided to include Burma on its agenda. the extent to which the people of Thailand and On foot of this, UNSG Gambari briefed the representative groups will be able to input into Security Council last Friday, 29 September. This the drafting of the new Constitution. is a welcome development. In this regard, I wel- Along with my EU colleagues, I will continue come the news that UN USG Gambari is due to to monitor the situation carefully and use all return to Burma next month. diplomatic and other channels to ensure com- The EU applies a range of sanctions and pliance with the commitments entered into by the restrictive measures against Burma, referred to as military leaders and interim Government, and the the EU Common Position, which had been due earliest possible return to fully democratic politi- to expire on 30 April but which has been renewed cal processes and Government, controlled by the for a further year. In the absence of any signifi- people of Thailand as a whole. cant progress in Burma, Ireland strongly sup- ported the renewal. 363. Mr. Connolly asked the Minister for I will continue to raise concerns about Burma Foreign Affairs his views on the continuing on all possible occasions and to call on the Bur- situation in Myanmar Burma; the prospects for mese government to assume its responsibilities the restoration of the democratic process in the towards its people and to allow the fullest pos- country; and if he will make a statement on the sible UN involvement in a genuine process of matter. [30809/06] democratisation and reconciliation.

Minister for Foreign Affairs (Mr. D. Ahern): Question No. 364 answered with Question In my statement on behalf of Ireland to the 61st No. 354. Session of the UN General Assembly on 26 September, I referred to the particularly grave EU Enlargement. human rights situation in Burma. I called, once again, on the Burmese re´gime to move towards 365. Mr. Connolly asked the Minister for democracy and to release all political prisoners, Foreign Affairs his views on whether Croatia’s in particular Aung San Suu Kyi. At the ASEM application to join the EU will be deferred after (Asia-Europe Meeting) Summit held in Helsinki the accession of Bulgaria and Romania on 1 earlier in September, the Taoiseach also raised January 2007; and if he will make a statement on the situation in Burma. He called for the release the matter. [30812/06] 1509 Questions— 3 October 2006. Written Answers 1510

366. Mr. Connolly asked the Minister for the Department of Foreign Affairs’ Bilateral Foreign Affairs his views on the status of Assistance Programme, which provides support Turkey’s application to join the EU; and if he will for candidate countries as they prepare for the make a statement on the matter. [30813/06] considerable challenges of EU membership.

Minister for Foreign Affairs (Mr. D. Ahern): I Question No. 367 answered with Question propose to take Questions Nos. 365 and 366 No. 354. together. Accession negotiations were opened with both Human Rights Issues. Turkey and Croatia on 3 October 2005. An exten- sive screening process is currently underway, in 368. Mr. Connolly asked the Minister for which experts from the Commission explain EU Foreign Affairs if he has impressed on the US rules to the two countries and examine their stra- Government the necessity of the detainees in tegies for adopting and implementing them. It is Guantanamo Bay being accorded the protection expected to take until the end of 2006 to com- of the Geneva Convention; and if he will make a plete the screening process for the required 33 statement on the matter. [30815/06] chapters. After each chapter has been screened the EU Minister for Foreign Affairs (Mr. D. Ahern): can decide, on the basis of a proposal from the The Government has raised the issue of the Commission, whether the negotiations in that sec- detainees in Guantanamo Bay with the US Auth- tor can be opened. To date, the Commission has orities on numerous occasions, with concerns presented its reports to the Council on 13 nego- being raised at the highest level when the tiating chapters for Croatia and three for Turkey. Taoiseach, accompanied by myself, met with Negotiations have been provisionally closed with President Bush in Washington on 17 March 2006. both Turkey and Croatia on just one chapter We have always made it clear that we believe that (Science & Research). Although the screening detainees must be treated in accordance with the process with both countries is currently running requirements of international human rights law in parallel, these are two separate negotiations. and international humanitarian law. This position At this stage, it is not possible to set a timeframe is shared by the EU as a whole and these views for the completion of the negotiations with were expressed at the EU-US Summit which took either country. place in Vienna on 21 June 2006. The EU urged Careful preparation of the Union’s most recent that detainees be either charged or released and enlargement has been a key factor in its success. that Guantanamo be closed. I have made it clear With regard to the accession negotiations with that I believe that the Guantanamo Bay camp Turkey and Croatia, the EU has confirmed that should be closed as soon as possible. Repeatedly, it will be firm in demanding that they fulfil all the President Bush has also stated his intention to requirements of membership. Both countries will ultimately close the Guantanamo facility, which be expected to maintain their commitment to the I welcome. full implementation of human rights and other On 6 September, President Bush stated that reforms. prisoners at Guantanamo Bay would be given The Union’s capacity to absorb new members access to the International Committee of the Red will also be an important consideration. If EU Cross in compliance with the Geneva Conven- membership is to be further extended, the Union tions. In compliance with a US Supreme Court will need to ensure that it has the economic, pol- ruling in June this year, draft legislation providing itical and institutional capacity to make this pos- for the treatment and trial before military tri- sible. As Turkey’s accession could have substan- bunals of detainees was put forward by the White tial financial consequences, it is accepted that its House in early September. The bill was subject to negotiations can only be concluded after the vigorous debate and revision in both the Senate establishment of the Union’s financial framework and the House of Representatives, which for the period beyond 2013. Speaking on 26 included the successful efforts by key Senators to September 2006, Commission President Jose ensure the application of the provisions of the Manuel Barosso suggested that any future Geneva Convention, notably those concerning enlargement following the accession of Bulgaria Common Article 3. The bill was subsequently and Romania should be contingent on insti- passed on 28 September and the President is tutional reform so as to ensure that an enlarged expected to sign it into law in the coming days. Union could function in an efficient manner. Ireland has always been supportive of the pro- Foreign Conflicts. cess of EU enlargement from which we have con- sistently benefited. It has been our policy to con- 369. Mr. Connolly asked the Minister for sider each candidate on the basis of its own Foreign Affairs his views on the situation in merits. This principle will continue to underpin Afghanistan and the prospects for future stability our approach to the negotiations with both there; and if he will make a statement on the Turkey and Croatia. Both countries benefit from matter. [30816/06] 1511 Questions— 3 October 2006. Written Answers 1512

Minister for Foreign Affairs (Mr. D. Ahern): effort to work towards elimination of the nar- While significant progress has been achieved in cotics trade. Reported statistics for the 2005-2006 Afghanistan over the past four years very con- opium crop are disappointing. Though eradi- siderable challenges still remain, above all on the cation rose by 210%, production is believed to security front. In any country, developing the have still increased significantly. Counter nar- democratic structures, institutions and adminis- cotics efforts will be a particularly important chal- trative systems necessary to provide essential lenge in the period ahead. public services and to ensure a secure envir- An Afghanistan Compact was launched at the onment for all its people is a process that takes International Conference on Afghanistan in time. The Afghan people have elected a Pres- London on 31 January/1 February and was ident and a Parliament and have a legitimate endorsed by the United Nations Security Council elected Government which is working to consoli- in Resolution 1659 (2006) on 15 February. The date the progress that has already been made. A Compact will guide the joint efforts of the Afghan Chief Justice is now in place as is a new Pros- Government and the international community in ecutor General who has launched a major initiat- meeting outstanding challenges across three pil- ive against corruption. Members of the Parlia- lars of activity: security; governance; rule of law ment, the Wolesi Jirga, have recently formed and human rights, and economic and social parliamentary groups. The reform process is con- development. Counter-narcotics was identified as tinuing with the assistance of the international a cross-cutting priority in the Compact. The Com- community across all sectors, including the pact notes that Afghanistan’s transition to peace administrative and judicial systems, the police and stability is not yet assured and that strong service and the army. international engagement will be required to Ensuring security in Afghanistan is an address remaining challenges. Ireland pledged \5 especially challenging and complex task, partic- million at the launch of the Compact, which will ularly given the presence of violent factions who be expended over the next two years. Ireland has \ stand to benefit considerably from a destabilised contributed a total of 22 million to reconstruc- country. The security situation remains a cause tion and recovery programmes in Afghanistan of serious concern. Levels of insurgency-related since January 2002. violence and fatalities have risen since the begin- ning of the year and attacks, including suicide Citizenship Applications. bombings, aimed at the UN mandated Inter- 370. Caoimhghı´nO´ Caola´in asked the Minister national Security Assistance Force (ISAF), other for Foreign Affairs the processing time for post international security forces and Afghan security nuptial citizenship applications processed by his forces, have increased. Department. [31049/06] The level of insurgency intensified in recent months in the context of ISAF assuming control Minister for Foreign Affairs (Mr. D. Ahern): for the Southern region of Afghanistan, a deploy- In accordance with the Irish Nationality and ment which took effect on 31 July. The Afghan Citizenship Acts, 1956 to 2004, the Ta´naiste and National Army (ANA) and ISAF have since been Minister for Justice, Equality and Law Reform is engaged in heavy fighting with Taliban insurgents responsible for determining entitlement to post- in the South. ISAF has been combining military nuptial citizenship. This includes post-nuptial operations in the South, mainly around Kanda- declarations made by persons resident abroad har, with its more conventional peace-keeping that were submitted to our Embassies and duties in the rest of the country. The main phase Consulates. of this operation has now been successfully com- The statutory provisions providing for post- pleted and has resulted in ANA and ISAF being nuptial citizenship were repealed in the Irish able to establish themselves in erstwhile key Nationality and Citizenship Act, 2001, which centres of Taliban resistance. ISAF, under came into effect on 30 November 2002. A tran- NATO leadership, will shortly deploy to the sition provision contained in that Act enabled eastern part of Afghanistan, hitherto the exclus- persons who married Irish citizens prior to 30 ive domain of the ANA and the US-led inter- November 2002 to make a post-nuptial declar- national coalition, Operation Enduring Freedom. ation on or before 29 November 2005. At that point ISAF will be responsible for secur- The final months of the transition period saw a ity assistance in the whole country. At the same substantial increase in the numbers of declar- time, the continuing challenge from the Taliban ations received by our Embassies and Consulates, is clearly very worrying. with approximately 10,400 received between 1 The illicit narcotics industry also remains a January and 29 November, 2005. This was more major challenge to the long-term security, than five times the number received in all of 2004. development and effective governance of My Department has so far completed its pro- Afghanistan. In co-operation with the inter- cessing of 4,329 of these declarations and their national community, the Afghan Government supporting documents. Efforts are being made to operates a Counter Narcotics Implementation process the remaining applications as quickly as Plan and a National Drugs Control Strategy in an possible while ensuring that legal requirements 1513 Questions— 3 October 2006. Written Answers 1514 are fully met. Declarations found to be in order the project. This Interagency Group will be are forwarded to the Department of Justice, chaired by the Department of Arts, Sport and Equality & Law Reform, which issues the Certifi- Tourism. The winning design should be procured cates of Declaration accepting Irish Citizenship. by early next summer.

Museum Appointments. National Concert Hall. 371. Mr. Stagg asked the Minister for Arts, 373. Cecilia Keaveney asked the Minister for Sport and Tourism the reason for the delay in Arts, Sport and Tourism the position in relation appointing a new manager to a museum (details to the redevelopment of the National Concert supplied) in County Mayo. [30476/06] Hall; and if he will make a statement on the matter. [30547/06] Minister for Arts, Sport and Tourism (Mr. O’Donoghue): The National Museum of Ireland Minister for Arts, Sport and Tourism (Mr. became an independent non-commercial semi- O’Donoghue): Contracts for the purchase of the state body under the terms of the National Cul- interest of University College Dublin in the tural Institutions Act, 1997 with effect from May Earlsfort Terrace site were executed on 20th 2005, and operates under the Board appointed in September, 2006. As University College Dublin accordance with the provision of the Act. In the will be vacating the site on a phased basis, a lease circumstances, I have no statutory function in back arrangement will be put in place until late relation to the matter raised by the Deputy. 2007 by which time the College will have fully vacated the premises. Abbey Theatre. I have asked my Department to establish a Steering Committee to oversee the redevelop- 372. Cecilia Keaveney asked the Minister for ment of the National Concert Hall. I have Arts, Sport and Tourism the position in relation requested the Secretary General of my Depart- to the development of the Abbey Theatre; and if ment to chair this committee and nominations he will make a statement on the matter. from the relevant bodies are being sought at [30546/06] present. Meantime, work on finalising the PPP paperwork and process is continuing. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): In July 2006, the Government National Conference Centre. decided to proceed with the redevelopment of the Abbey Theatre at George’s Dock on a Build, Fin- 374. Cecilia Keaveney asked the Minister for ance, Maintain (BFM) basis. It also approved the Arts, Sport and Tourism the most recent situation holding of an international design competition for in relation to the National Conference Centre; the new Abbey Theatre. Once a winning design and if he will make a statement on the matter. has been selected the building will be procured by [30548/06] means of a Build/Finance/Maintain (BFM) Public Private Partnership. The new building will: Minister for Arts, Sport and Tourism (Mr. O’Donoghue): I am pleased to confirm to the — Be a signature development, representa- Deputy that Spencer Dock International Con- tive of a national theatre in the 21st ference Centre Consortium has been appointed century; Preferred Tenderer for the provision of a — Be in an appropriate civic setting and National Conference Centre in Dublin. form part of the overall urban regener- This appointment means that the delivery of a ation represented by the O’Connell Street major commitment in the Programme for Integrated Area Plan and North East Government, to provide a world class National Inner City Plan; Conference Centre, is now in sight. The current expectation is that the contract will, subject to — Include three significant enlarged audi- Government agreement, be awarded before the toria, Abbey, Peacock and a third multip- end of November and that the Centre will be urpose space; and operational in 2009. — Entail a dedicated education, outreach During the Preferred Tenderer phase the Con- facility, a publicly accessible archive, sortium will be required to develop and provide restaurant/bar, improved public areas, dis- the full range of project documents for review abled access for audiences and artists, best and approval by the Contracting Authority. practice theatre production facilities. Sport and Recreational Development. The Government has also approved an inter- agency group, representative of the Department 375. Cecilia Keaveney asked the Minister for of Arts, Sport and Tourism, the Office of Public Arts, Sport and Tourism the status of having all Works, the National Development Finance support agencies develop an agreed set of per- Agency, the Abbey Theatre and the Dublin formance indicators in line with the 2012 road- Docklands Development Authority to oversee map (details supplied) subject to approval and 1515 Questions— 3 October 2006. Written Answers 1516

[Cecilia Keaveney.] Following Government approval, in July, monitoring of a steering committee under the together with the Taoiseach, I launched the Irish chair of the Department of Arts, Sports and Institute of Sport and announced the appoint- Tourism as recommended in November 2005 by ment of its Executive Chairman to deliver opti- the Joint Committee on Arts, Sports and Tour- mal support services for Olympic and Paralympic ism, Community Rural and Gaeltacht Affairs; athletes and sports. The Institute will address and if he will make a statement on the matter. such issues as strength and conditioning, psy- [30583/06] chology, performance analysis, sports medicine & sports injury management, recruitment of elite 376. Cecilia Keaveney asked the Minister for coaches and athlete lifestyle support. Arts, Sport and Tourism the position in relation In the lead up to Beijing the Institute will focus to the establishment of the institute of sport; the its support on 14 focus sports and approximately links, which will be created between it and the 90 Olympic and Paralympic athletes who are cur- existing sports training institutes; and if he will rently graded as either Contracted World Class make a statement on the matter. [30584/06] or International Class under the Irish Sports Council’s (ISC) International Carding Scheme. In 377. Cecilia Keaveney asked the Minister for line with the recommendations of the 2005 Arts, Sport and Tourism the level of participation Athens Review, the ISC undertook a full review that all athletes are having in the preparation for of the International Carding Scheme in 2005, both the Beijing and London Olympic Games; if which includes annual funding for athletes, and a he will make a statement on the mechanisms for new Scheme is in operation since January 2006. the athletes, who are the main people in the equ- The Government-approved proposals for the ation, to make their input to this ongoing pro- restructuring of the support structures of Irish cess. [30585/06] elite sport will also see the National Coaching and Training Centre (NCTC), based at the University 378. Cecilia Keaveney asked the Minister for of Limerick, reconstituted as a new entity called Arts, Sport and Tourism further to the Joint Coaching Ireland with a specific remit focusing Committee on Arts, Sports and Tourism, Com- on coach development and education. Quality munity Rural and Gaeltacht Affairs recommend- coaching is central to the development of sport at ation that the Department of Arts, Sport and every level. The agency and the facilities based at Tourism establish and chair a steering committee the University of Limerick will have a key role in to co-ordinate and manage the 2012 Olympic the preparation of our elite sportsmen and roadmap for the athletes; if he will make a state- women as indeed will the other third level univer- ment on the status of that recommendation. sities and colleges who are making increasingly [30586/06] significant contributions to the achievement of sporting excellence. 379. Cecilia Keaveney asked the Minister for In August, I established the London 2012 Arts, Sport and Tourism the facilities and Olympics Task Force to ensure Ireland can iden- locations which are currently being used by ath- tify and maximise the complete range of oppor- letes for their preparation for the 2012 games; if tunities arising from its proximity to the Olympic financial supports given to these athletes are on and Paralympic Games in London 2012. The an annual basis or if there is co-ordination at this taskforce which is chaired by the Secretary point to bring them from 2006 right up to the General of my Department has been asked to games; and if he will make a statement on the examine all possible opportunities, identify the matter. [30587/06] priority areas of interest and map out a strategy to ensure that Ireland will benefit from its prox- 380. Cecilia Keaveney asked the Minister for imity to London in 2012. It will draw on the Arts, Sport and Tourism if he is satisfied that the expertise of people from across the sport, tour- preparations for the Beijing Olympic Games are ism, cultural and business sectors supported by progressing satisfactorily and that recom- staff within my Department. mendations that were made in both reports on The ISC continues to make excellent progress the Olympics post Athens have been in its preparation for Beijing 2008 and London implemented; and if he will make a statement on 2012. Arising from the Athens Review 2005, the the matter. [30588/06] ISC developed an operational plan which iden- tified key performance indicators, timescales and Minister for Arts, Sport and Tourism (Mr. costings and the roles of the various agencies in O’Donoghue): I propose to take Questions Nos. supporting Ireland’s Olympic and Paralympic 375 to 380, inclusive, together. preparations for Beijing and London. The plan I am pleased to inform the Deputy that further encompassed elements such as the introduction significant progress has been made by my Depart- of targeted sport performance plans including ment since my comprehensive and detailed pres- prioritising junior, development and elite ath- entation to the Joint Committee on our Olympic letes; a review of the international carding and Paralympic preparations on 24th May 2006. scheme; proposals for the development of an Irish 1517 Questions— 3 October 2006. Written Answers 1518

Institute of Sport; maintaining and enhancing the co-ordinated structure will ensure the maximum role of the Olympic and Paralympic Performance return for Beijing 2008 and London 2012 and will Committees to ensure optimum cooperation in provide a legacy in high performance sport. the preparation and performance of the Irish team for the Beijing and London Olympic Community Games. Games, and the strengthening of the Olympic Council of Ireland’s administrative capability. 381. Mr. O’Connor asked the Minister for Arts, The operational plan is updated on a regular basis Sport and Tourism if he will confirm contacts with the key agencies to reflect the current status with the Community Games regarding its views of the recommendations and significant progress on the future of the Mosney holiday centre in has been made to date. respect of the annual national finals; and if he will make a statement on the matter. [30675/06] My Department is also funding the develop- ment of a network of top quality facilities around Minister for Arts, Sport and Tourism (Mr. the country designed to meet the training, coach- O’Donoghue): I have had no recent contact with ing and competition needs of our elite competi- the Community Games organisation. As I pre- tors in a wide spectrum of sports. Among the viously advised the House, the Reception and major projects, which have been supported are Integration Agency (RIA) of the Department of the National Aquatic Centre, the National Row- Justice, Equality and Law Reform has confirmed ing Centre at Inniscarra, the National Tennis its continuing willingness to facilitate the avail- Centre at Glasnevin, the National Boxing ability of Mosney to host the Community Games. Stadium and the National Hockey Stadium at For as long as the RIA continues to use Mosney, UCD. We intend to continue to develop subject to Mosney Irish Holidays plc being willing additional facilities of this nature and the and in a position to make the venue available for Government’s decision to proceed with Phase 1 this purpose, the Community Games can avail of of the Sports Campus at Abbotstown is further the facilities there. A new contract for the use evidence of our commitment in ensuring that our of the Centre was signed between Mosney Irish sportspersons have available to them facilities in Holidays Ltd and the Minister for Justice, which they can train and compete. The Institute Equality and Law Reform on 18th November of Sport will be located at the sports campus at 2004. Abbotstown, forming an essential part of the new National Sports Campus. Until the facilities there come on stream the Institute will service athletes Employee Compensation. needs through existing facilities. 382. Dr. Cowley asked the Minister for The ISC has established Focus Sport Funding Enterprise, Trade and Employment if he will and performance plans have been agreed with examine the case of a person (details supplied) targeted Olympic and Paralympic sports. The and ensure that they receive the money that is performance plans focus on sustainable perform- owed to them; and if he will make a statement on ance and development of junior, developmental the matter. [30475/06] and senior squads for 2008, 2012 and 2016. High Performance coaching gaps have been identified Minister of State at the Department of and key coaching appointments have been made. Enterprise, Trade and Employment (Mr. The ISC has carried out rigorous quarterly moni- Killeen): In accordance with standard procedures toring and evaluation of the performance plans. in these cases the enforcement unit of the Depart- The ISC also works in partnership with the ment of Enterprise, Trade and Employment Olympic Council of Ireland, the Paralympic wrote to the employer requesting payment to the Council of Ireland, and the relevant Olympic gov- employee of the compensation awarded by the erning bodies of sport in the preparation and par- Labour Court. ticipation of Irish competitors at the Olympic and The employer in this case failed to respond to Paralympic Games. Significant progress has been a number of requests made by the Department in made to date in the preparation for Beijing 2008 the period May to September, 2005. In the cir- including the establishment of athletes com- cumstances, the Department requested the Chief missions and preparation of acclimatisation stra- State Solicitor’s Office, on 7 October 2005, to tegies. The OCI has also held a Teamship con- institute legal proceedings under the Organis- ference for athletes, coaches and support ation of Working Time Act 1997 against the personnel in January 2006 and a second con- employer in order to secure, with interest ference is planned for December 2006. The PCI accrued, the compensation awarded. It is under- has arranged for multi-sport camps to take place stood that in January this year the Chief State in the University of Limerick in April and Solicitor’s Office referred the file to the State Sol- November 2007. icitor for the area in which the employer ordi- I am satisfied that there now exists a co- narily resides. ordinated approach to the preparation of our The Chief State Solicitor’s Office advised the elite sportspersons for participation in inter- Department on 28 August, 2006 that the relevant national competitions and I am confident that this State Solicitor in this case had sought clarification 1519 Questions— 3 October 2006. Written Answers 1520

[Mr. Killeen.] Unemployment Levels. on certain issues and the nomination of counsel 388. Mr. Ferris asked the Minister for and that these matters would be referred to the Enterprise, Trade and Employment if he will Attorney General’s Office for direction. make a statement regarding the serious unem- ployment that exists in Tralee town and the Health and Safety Regulations. action he will be taking to address the 383. Mr. Durkan asked the Minister for situation. [30717/06] Enterprise, Trade and Employment the measures taken against Donegal County Council for its fail- Minister for Enterprise, Trade and Employ- ure to have its safety statement up to date. ment (Mr. Martin): Unemployment is measured [30558/06] through the quarterly national household survey as published by the Central Statistics Office. The 384. Mr. Durkan asked the Minister for survey does not provide data on specific towns Enterprise, Trade and Employment the measure and is available on a regional basis only. The most taken against local authorities that did not have recent data published in September 2006 shows up to date safety statements. [30559/06] that the unemployment rate for the south-west region, which includes Tralee, is 3.7%, a decrease 385. Mr. Durkan asked the Minister for of 0.5% in the year. This compares favourably Enterprise, Trade and Employment if he will con- with the national rate of 4.3%. In addition there firm that the safety statement of Donegal County were 14,400 more persons in employment in the Council, which was not updated as of May 2006, south-west region in the year. has now been updated to take account of recent The latest live register data for Tralee shows changes in legislation and in particular the that there are 3,219 people on the register in changes incorporated in the Safety, Health and Tralee, an increase of 171 in the year. However, Welfare at Work Act, 2005. [30560/06] the live register is not designed to measure unem- ployment. As well as showing the numbers claim- 386. Mr. Durkan asked the Minister for ing unemployment assistance and benefit it also Enterprise, Trade and Employment if he will con- includes part-time, seasonal and casual workers firm that the safety statements of all local auth- who would be entitled to unemployment benefit. orities are now up to date and reflect the changes A range of measures are being implemented by contained in the Safety, Health and Welfare at agencies under the aegis of the Department to Work Act, 2005. [30561/06] continue to increase job creation and reduce unemployment in the area. 387. Mr. Durkan asked the Minister for IDA Ireland continue to promote County Enterprise, Trade and Employment if he will con- Kerry and the advantages of locating there which firm that the safety statement of Donegal County include a young skilled population, the presence Council as of May 2006 had not been revised of an institute of technology, and the availability since 1993; and the date on which it was of first class business parks and a regional airport. revised. [30562/06] During 2005, 104 new jobs were created in IDA supported companies. The agency is also working Minister of State at the Department of closely with existing clients in Kerry to encourage Enterprise, Trade and Employment (Mr. them to expand their operations. It is also work- Killeen): I propose to take Questions Nos. 383 to ing with a wide range of bodies at local level, 387, inclusive, together. including FA´ S, to enhance the attractiveness of Responsibility for the administration and the county for investment. enforcement of the Safety, Health and Welfare at FA´ S engages with redundant workers in a pro- Work Act 2005 and associated regulations is one cess involving information sessions, skills, audits, of the primary functions of the Health and Safety and re-training. It also explores new start-ups in Authority. I have been advised by the authority whole or in part by the industrial development that it would be inappropriate to comment on the agencies. A wide range of measures are also cur- particulars of enforcement actions under the rently being implemented by FA´ S in Tralee, such legislation which may be undertaken by the auth- as jobs clubs, community employment, return to ority in relation to individual employers, organis- work job initiative and the national employment ations or corporations, in case such action might action plan referral process. prejudice any necessary related enforcement Shannon Development had 16 companies measures or other related legal proceedings at a operating from the Kerry Technology Park later stage. initiative at the end of 2005. Employment in these I will be launching a new safety handbook next companies increased by 55 during the year. The week, which was completed by the Local Auth- agency has approved a \1.5 million support pack- orities Advisory Group. Enforcement action in age for two Kerry-based indigenous companies: the courts is also underway in another case Altobridge Limited and Freeflow. The support involving a local authority. will lead to increased research and development 1521 Questions— 3 October 2006. Written Answers 1522 activity and generate an additional 43 jobs at with the agency in this process. IDA intends Kerry Technology Park over the next five years. focusing on upgrading its site at Knockaconny in I am confident that the strategies and policies the coming years to make it compatible with the being pursued by the agencies, together with the needs of modern business. I welcome the decision ongoing commitment of Government to regional of the county development fund to seek planning development will bear fruit in terms of invest- permission for the provision of a new office ment and jobs for Kerry in general and Tralee facility on this site and am assured by IDA in particular. Ireland that they will undertake to actively market it for new investment. Industrial Development. IDA Ireland have also assured me that they are actively engaged with a range of local bodies in 389. Mr. Connolly asked the Minister for the Border region such as the county develop- Enterprise, Trade and Employment his plans for ment boards, local authorities, utility providers, attracting industrial development to the Cavan third level institutes and private sector property area; and if he will make a statement on the providers, in order to enhance the attractiveness matter. [30801/06] of the counties as potential sites for new invest- ment. To successfully compete with other 390. Mr. Connolly asked the Minister for locations internationally, it is vital that the Enterprise, Trade and Employment his plans for regions in Ireland strive to match the require- attracting industrial development to the ments of overseas investors. I am confident that Monaghan area; and if he will make a statement the completion of the M3 motorway, which will on the matter. [30802/06] facilitate access to the airport, will improve the prospects for additional investment and jobs for Minister for Enterprise, Trade and Employ- the people of Cavan and Monaghan. ment (Mr. Martin): I propose to take Questions Nos. 389 and 390 together. Equal Opportunities Employment. The marketing of individual areas, including Cavan and Monaghan, for new or expansion FDI 391. Mr. Connolly asked the Minister for investments and jobs is a day-to-day operational Enterprise, Trade and Employment his views on matter for IDA Ireland. While I may give general the recent National Disability Authority report policy directives to the agency, I am precluded which found that just 37% of disabled people under the Acts from giving directives regarding were in employment in 2004 compared with 67% individual undertakings or from giving preference of other adults; and the 3% decline in employ- to one area over others. ment rates for disabled people since 2002; if he IDA’s regional strategy has been to adopt a proposes to develop a comprehensive strategy to focused approach to marketing, selecting specific make more employment opportunities for people towns in each region and setting targets for new with disabilities; the way in which he proposes to investment. This year, for example, IDA has a exceed the Government’s 3% public sector target to secure a new investment in the medical employment quota for disabled people; and if he devices area for Cavan town as it believes the will make a statement on the matter. [30852/06] existing 23,745 sq ft facility in its Cavan Business Park is particularly suited to this sector. The sec- Minister of State at the Department of tor should not compete with existing businesses Enterprise, Trade and Employment (Mr. in the town for potential employees. This Killeen): It is widely acknowledged, as in the approach has been very successful in other towns recent National Disability Authority publication in the region such as Dundalk and Drogheda “A Strategy of Engagement” that the partici- where significant investments have been secured pation rates of disabled people in employment over the last 12 months. are significantly less than those of their non-dis- There are a limited number of potential new abled peers. FDI projects at any given time and it is not pos- The National Disability Authority publication sible to have a specific target for each town. indicated, for example, that between 1997 and Should a project be secured for Cavan the focus 2004 there was an absolute decrease of 62% in would then shift to Monaghan. This does not pre- the number of long term unemployed welfare clude IDA Ireland from marketing each town on recipients, whereas in the case of recipients of an ongoing basis and the agency responds to all welfare payments related to illness or disability enquiries by potential investors. Ultimately the absolute number increased by 42%. For every decisions regarding where to locate are taken by long term unemployed welfare recipient in 1997 the investors and IDA Ireland can only advise there were 1.1 persons in receipt of a and market the attractions of potential sites, and sickness/disability related payment – by 2004 the work towards convincing investors that these sites latter figure had risen to four persons. meet their requirements. The Department is fully committed to address- IDA Ireland has also been exploring the possi- ing the needs of those with disabilities, and furth- bility of developing a new Park in Monaghan. ering the policy of mainstreaming services to help The County Council has been working closely them play a full and active part in Irish society. 1523 Questions— 3 October 2006. Written Answers 1524

[Mr. Killeen.] Minister for Social and Family Affairs (Mr. In July of this year the Department published Brennan): Some 264,400 people — 145,800 with its Sectoral Plan as one of six Government basic fuel allowance and 118,600 with smokeless Departments required to publish Sectoral Plans fuel supplement — benefited from the national under the Disability Act, 2005. The Plan outlines fuel scheme in 2005 at a cost of \85.4 million. It the Department’s key initiatives in promoting is estimated that some 274,000 people — 151,000 equal opportunities for disabled people in the with basic fuel allowance and 123,000 with employment market, which includes the develop- smokeless fuel supplement — will benefit in 2006 ment of a Comprehensive Employment Strategy at an estimated annual cost \125.1 million. for disabled people. Key pillars underpinning this strategy will be enhancing the effectiveness of 393. Mr. Bruton asked the Minister for Social employment and vocational training programmes and Family Affairs when the value of the living for disabled people, and further developing sup- alone allowance was last increased; the rise in the ports for the employment of disabled people. consumer price index since that increase; and his Inter-Departmental collaboration will be a key view on the future role of this allowance. element of the implementation of the Strategy [30462/06] and this is reflected in Protocols attached to the Minister for Social and Family Affairs (Mr. Sectoral Plan. Brennan): The living alone allowance or living The Plan represents a clear move forward in alone increase as it is now known, is an additional improving access to employment for disabled payment of \7.70 per week made to people aged people, and provides a comprehensive outline of 66 years or over who are in receipt of certain this Department’s commitment in this regard. social welfare payments and who are living alone. The Department currently exceeds the 3% It is also available to people under 66 years of requirement under the Disability Act, 2005 for age who are living alone and who receive pay- the employment of people with disabilities, with ments under one of a number of invalidity type 4.27% of total staff employed having a disability. schemes. The increase is intended as a contri- In addition, all of the agencies under the aegis bution towards the additional costs people face of the Department are aware of their obligations when they live alone. under the Act and the majority have achieved the The payment was last increased in 1996. From 3% target. November 1996 to August 2006, the consumer The Department is continuing to monitor and price index rose by 38.1%. The living alone record compliance with the 3% quota by the increase is a targeted measure aimed at a part- agencies under its aegis, and information in this icular group of pensioners. The policy in relation regard will be transmitted to the National Dis- to support for pensioners has been, for many ability Authority in accordance with the pro- years, to give priority to increasing the personal visions of the Disability Act, 2005. A co- rates of pension rather than focusing on payments ordinated strategy is in place among the agencies such as the living alone increase. This approach concerned, including the preparation of Codes of ensures that resources are used to improve the Practice on the employment of people with dis- position of all pensioners. The Government is committed to increasing abilities, and the maintenance of proper records \ regarding the employment of people with dis- the level of the basic state pension to 200 per week by 2007. Further significant progress abilities, subject to confidentiality and privacy towards achieving this target was made in budget requirements. 2006, which provided for increases in pensions of The Minister for Finance is responsible for up to \14 and \16 per week. The maximum rate policy in relation to the employment of people of the state pension (contributory), formally the with disabilities in the Civil Service. I understand old age contributory pension is now \193.30 per that the Department of Finance is working with week with the maximum non-contributory pen- the National Disability Authority to develop a sion paid at \182 per week. tool to effectively monitor the number of staff with disabilities employed in the Civil and Public 394. Mr. Healy asked the Minister for Social Service. This is being done in consultation with and Family Affairs the length of time it is taking the Disability Liaison Officers Network, which to process carer’s allowance applications, carer’s was established to share information between benefit applications, respite care grants and Departments, and which includes the Disability carer’s allowance appeals; and if he will provide Liaison Officer in the Department of Enterprise, additional staff in his Department and the Trade and Employment. appeals office to ensure these applications are dealt with expeditiously. [30467/06] Social Welfare Benefits. Minister for Social and Family Affairs (Mr. 392. Mr. Ferris asked the Minister for Social Brennan): My Department is committed to pro- and Family Affairs the number of people who are viding a quality customer service to all its currently in receipt of fuel allowance. [30461/06] customers. This includes ensuring that appli- 1525 Questions— 3 October 2006. Written Answers 1526 cations are processed and that decisions on to ensure that the best possible standard of entitlement are issued as expeditiously as possible response is provided across the range of schemes having regard to the relevant eligibility and services. conditions. Entitlement to carer’s allowance is based on 395. Mr. Deenihan asked the Minister for the applicant satisfying medical, means and resi- Social and Family Affairs if he will extend the dency conditions. Entitlement to carer’s benefit is qualifying categories of persons in need of com- based on the applicant satisfying medical, PRSI panion passes to include people who have been contributions, and employment and residency diagnosed with Alzheimer’s disease; and if he will conditions. make a statement on the matter. [30468/06] Budget 2005 extended entitlement to the res- pite care grant to all full time carers irrespective Minister for Social and Family Affairs (Mr. of means or contribution record but subject to Brennan): The free travel scheme is available to certain conditions regarding the provision of full all people living in the State aged 66 years or time care and attention. The grant in respect of over. All carers in receipt of carer’s allowance 2006 is payable to people who meet the qualifying and carers of people in receipt of constant attend- conditions on Thursday 1 June and is payable on ance or prescribed relative’s allowance, regard- or as soon as practicable after that date. less of their age, receive a free travel pass. It is In determining entitlement to carer’s allow- also available to people under age 66 who are in ance, carer’s benefit or the respite care grant receipt of certain disability type welfare pay- there are, in certain cases, unavoidable time lags ments, such as disability allowance, invalidity involved in making the necessary investigations pension and blind person’s pension. People resi- and enquiries to enable correct decisions to be dent in the State who are in receipt of a social made. security invalidity or disability payment from a Respite care grant has been paid to all eligible country covered by EU regulations, or from a people who are in receipt of carer’s allowance or country with which Ireland has a bilateral social carer’s benefit. Respite care grant has also been security agreement, and who have been in receipt paid to all those who received the grant in 2005 of this payment for at least 12 months, are also and who are eligible for the 2006 grant. Taken eligible for free travel. together, this amounts to over 30,000 cases. The free travel companion pass entitles the pass holder to have any one person, aged 16 years Some 900 cases remain to be finalised. These or over, to accompany him/her free of charge are new claims received from people who are not when travelling. Such companion passes are avail- in receipt of carer’s allowance or benefit and who able to persons who qualify for free travel and did not receive the respite care grant in 2005. The who, on account of their disability, are unable to average time for deciding these claims is currently travel alone. These eligible for a companion pass eight weeks. include people who are receiving full-time care The average time for deciding an application and attention from someone who is in receipt of for receipt of carer’s allowance and carer’s a carer’s allowance; people aged 75 years or over, benefit is currently 9.1 weeks and eight weeks who are medically unfit to travel unaccompanied; respectively, although in many cases claims are people who are blind or severely visually processed within a far shorter timeframe. The impaired; and people in receipt of certain social average length of time taken to deal with carer’s welfare type illness or disability payments. allowance appeals by the social welfare appeals Further extensions to the free travel scheme office in 2005 was 23 weeks. If allowance is made could only be considered in a budgetary context for the 25% most protracted cases, the average and taking account of the financial and other time falls to eight weeks. needs of those not covered by the existing The processing time for appeals covers all arrangements. phases of the appeal process including the sub- mission by my Department of its comments on 396. Mr. G. Murphy asked the Minister for the grounds for the appeal, further advice by the Social and Family Affairs the situation regarding Department’s medical assessor in certain cases an application for disability allowance for a per- and the holding of oral hearings. son (details supplied) in County Cork. Circumstances can arise, normally outside the [30531/06] control of the Social Welfare Appeals Office, which can have the effect of unduly prolonging Minister for Social and Family Affairs (Mr. the time taken to process appeals. The staff and Brennan): The person concerned applied for dis- other resources available to my Department must ability allowance on 10 April 2006. The deciding be deployed to ensure good customer service, to officer disallowed the claim on 30 June 2006 on prevent fraud and abuse of the schemes and to the grounds that the person’s means exceeded the achieve value for money. My Department is means limits for that scheme. The means in ques- engaged in an ongoing process to ensure that tion are derived from farming, where there is a available resources are prioritised to the greatest disregard of the first \580 of weekly income for a extent possible on front line service delivery and married couple in carers cases, while claimants 1527 Questions— 3 October 2006. Written Answers 1528

[Mr. Brennan.] possible with transport operators in dealing with for disability allowance are assessed with half the fraud and abuse of the system. net income. Transport operators are continually updated on She appealed against this decision to the social the different type of passes available to the differ- welfare appeals office. Having considered all of ent categories of customers. They are also advised the available evidence, the Appeals Officer disal- to contact the Department in suspected cases of lowed her appeal on 28 September 2006 and she misuse. was notified of the decision on that date. While the current free travel pass does not dis- Under social welfare legislation decisions in play a photograph, holders in Dublin, Cork, relation to claims must be made by deciding Limerick, Galway and Waterford must obtain an officers and appeals officers. These officers are ancillary photo pass from CIE in order to use the statutorily appointed and I have no role in regard CIE Group services. This photo pass is obtained to making such decisions. free of charge by eligible pass holders with the cost being met by the Department. 397. Mr. Stanton asked the Minister for Social My Department is currently working towards and Family Affairs the travel restrictions in place the introduction of a more secure free travel card for free travel pass holders in comparison to other which will include photo identification and this is public transport users; and if he will make a state- expected to be introduced during 2007. The intro- ment on the matter. [30686/06] duction of this new card will include improve- ments to the registration process and make use of Minister for Social and Family Affairs (Mr. technology to provide better customer service Brennan): I recently announced that all time and better security features, thereby considerably based restrictions on travel on public transport reducing the potential for fraud. services for holders of free travel passes were officially lifted with effect from 25 September Social Welfare Code. 2006. This has removed morning and evening 400. Mr. Ring asked the Minister for Social and peak-times restrictions for holders of free travel Family Affairs if he will amend the \100 dis- passes, which have been in existence for almost regard of means from employment in respect of 40 years. non-contributory pensioners and widows to include self-employment or farming income; if 398. Mr. Stanton asked the Minister for Social the disregard criteria is discriminatory against and Family Affairs if his plans to expand the free farming widows; and if he will make a statement travel scheme to allow free travel pass holders to on the matter. [30762/06] purchase return train tickets; the reason free travel pass holders are not allowed return tickets; Minister for Social and Family Affairs (Mr. and if he will make a statement on the matter. Brennan): In the last budget, I announced a wide [30687/06] range of important measures for non-contribu- tory pensioners, including farmers. These Minister for Social and Family Affairs (Mr. included: an increase of \16 per week (9.6%) for Brennan): It is CIE policy to restrict free travel all non-contributory pensions, which means that pass holders to day return tickets only, when trav- significant progress has been made towards the elling by train. Where a return journey is not achievement of the government’s commitment to made on the same day CIE policy dictates that a bring the basic state pension to over \200 per single journey ticket is required for each journey, week by 2007; an increase in the fuel allowance while any change in this policy is a matter for by \5 per week (56%), from \9to\14, and an CIE, the issue is being taken up by my officials. increase in the over-80 allowance by \3.60 per week (also 56%), from \6.40 to \10. Social Welfare Fraud. I also announced that I proposed to establish, with effect from September last, a new pension 399. Mr. Stanton asked the Minister for Social scheme, to be known as the State pension non- and Family Affairs the measure and controls his contributory. This replaces the old age non-con- Department and transport operators participating tributory pension and, for recipients aged 66 and in the free travel scheme have in place to combat over, blind pension, widower’s pension, one fraud; and if he will make a statement on the parent family payment, deserted wife’s allowance matter. [30687/06] and prisoner’s wife’s allowance. This initiative will cost \20 million in a full year. Minister for Social and Family Affairs (Mr. All these schemes currently feature a common Brennan): My Department is conscious of the means disregard of \7.60 per week, which has not need to control and prevent abuse of the free increased since the 1970s. This general disregard travel scheme. In the first instance, any abuse of is being significantly increased in the new non- the scheme is a matter for direct control by the contributory pension to \20 per week, an increase transport operators concerned. However the of \12.40 per week. Approximately, 34,000 pen- Department co-operates to the greatest extent sioners who are currently in receipt of a reduced 1529 Questions— 3 October 2006. Written Answers 1530 rate of payment will gain from this change, benefit and the respite care grant have been including many thousands of farmers and farming introduced and extended. widows. Persons in receipt of the personal rate of One of the fundamental qualification con- pension will benefit by up to \12.50 per week ditions for carer’s allowance is that the applicant while an additional 1,900 pensioners with a quali- must be providing full time care and attention to fied adult will gain by up to \20.80 per week. a person who needs such care. Since the introduc- These increases are effective from Friday 29 tion of the carer’s allowance scheme this full time September. care and attention requirement has been eased in The State pension (non-contributory) and the order to facilitate carers in engaging in employ- existing widow’s and widower’s non-contributory ment, education or training. pension also has a specific additional earnings dis- Until June this year people could engage in regard of \100 per week where the pensioner is employment outside the home for up to 10 hours in employment i.e. working for an employer. This per week and still qualify for payment. Since disregard is intended as an initial incentive to then, I have increased the number of hours a per- facilitate non-contributory pensioners who wish son can engage in employment, self-employment, to continue working, or to re-enter the workforce. training or education outside the home and still It means that the first \100 of weekly earnings satisfy the qualifying conditions for payment, will not be taken into account when assessing from 10 to 15 hours per week. This improvement entitlement to the new pension. applies to carer’s allowance, carer’s benefit and The budget did not provide for the proposed the respite care grant. disregard to apply to income from any other In 2005 I extended the respite care grant to all source such as self-employment including farming those providing full time care and attention or rents from leasing property. Income from regardless of means or household composition. sources other than employment, including pen- Since then a grant has been paid in respect of sions and capital, is covered by the enhanced each person for whom the carer is providing full general means disregard of \20 per week referred time care and attention. In Budget 2006 I to above. In contrast to persons in employment, increased the level of the grant and it is now paid any expenses necessarily incurred in carrying out at \1,200 per year in respect of each care any form of self-employment have always been recipient. disregarded when calculating means from self- The person to whom the Deputy’s question employment. This means that such earnings are refers is employed outside the home for 32 hours assessed net of expenses incurred by the person per week and, as such, does not meet the qualify- in the course of their work. ing conditions for the respite care grant. The It should also be noted that there are special Health Services Executive (HSE) is responsible arrangements for farmers participating in the for the provision of respite care services. The lady \ REPS and SACS schemes. The first 2,540 of all in question may be eligible for some of those income from these schemes is not assessable for services and I would suggest she contact her local means test purposes and 50% of any balance is HSE office in that regard. assessed. Any expenses necessarily incurred to I am always prepared to consider changes to participate in these schemes are also disregarded. existing arrangements where these are for the By any standards, the levels of increases and benefit of recipients and financially sustainable revised means test arrangements announced in within the resources available to me. I will con- the budget were exceptional. Any further tinue to strive to bring forward proposals that improvements such as the enhancement of dis- recognise and support the valued and valuable regards for farmers and others would have to be contribution of all carers in a tangible way. considered in a budgetary context. 402. Mr. Naughten asked the Minister for Social Welfare Benefits. Social and Family Affairs the reason an applicant 401. Dr. Cowley asked the Minister for Social has to be in receipt of a qualifying social welfare and Family Affairs if there is assistance available payment the day before their course starts to to a person (details supplied) in County Mayo; qualify for back to education allowance; and if he his views on whether the eligibility criteria of the will make a statement on the matter. [30772/06] respite care grant should be extended; and if he will make a statement on the matter. [30771/06] Minister for Social and Family Affairs (Mr. Brennan): The back to education allowance or Minister for Social and Family Affairs (Mr. BTEA is a second chance education oppor- Brennan): Supporting and recognising carers in tunities scheme designed to encourage and facili- our society has been a priority of the Government tate people on certain social welfare payments to since 1997. Over that period, weekly payment improve their skills and qualifications and, there- rates to carers have been greatly increased, quali- fore, their prospects of returning to the active fying conditions for carer’s allowance have been work force. The purpose of the allowance is to significantly eased, coverage of the scheme has replace the weekly social welfare payment that been extended and new schemes such as carer’s the applicant will have been receiving. The allow- 1531 Questions— 3 October 2006. Written Answers 1532

[Mr. Brennan.] the voluntary and community sector with a part- ance is not payable to people who are not social icular emphasis on the services available locally. welfare recipients. The requirement to which the The Tallaght Flexible Unit received \15,000 in Deputy refers is designed to ensure that the February 2005 for a programme aimed at improv- BTEA is targeted appropriately. ing unemployed men’s role as fathers and the At present, to qualify for participation in the Vulnerable Fathers Support Group in Sligo scheme an applicant must be, prior to commen- received \2,310 in September 2005. cing an approved course of study, at least 21 years of age (18 for people with disabilities). Lone Social Welfare Benefits. parents and unemployed persons may access the scheme at 18 years if they are out of formal edu- 404. Mr. Durkan asked the Minister for Social cation for 2 years or more. An applicant must also and Family Affairs the position in relation to an be in receipt of a relevant social welfare payment application for disability allowance in the case of for at least six months, in the case of people wish- a person (details supplied); and if he will make a ing to complete a second level course, or twelve statement on the matter. [30777/06] months in the case of people wishing to pursue third level qualifications. The twelve month Minister for Social and Family Affairs (Mr. requirement is reduced to nine in the case of Brennan): Qualification for Disability Allowance people who wish to attend a third level course depends on an applicant passing a medical exam- and who are participating in the National ination and a means test. An applicant must be Employment Action Plan. found to have an injury, disease, illness or physi- The requirement to be in receipt of a relevant cal or mental disability that has continued or may social welfare payment for a minimum period has be expected to continue for at least one year. always been a feature of the BTEA scheme and The applicant concerned was examined by a is considered necessary to ensure that limited Medical Assessor of my Department on 5/9/2006 resources are directed at those most in need. and found to be not substantially restricted by reason of a specified disability which is likely to continue for at least a year. The applicant has Family Support Services. been advised of his right of appeal to the inde- 403. Mr. Stanton asked the Minister for Social pendent Social Welfare Appeals Office. and Family Affairs if he has had contact with any group that supports fathers; the support that his 405. Mr. Wall asked the Minister for Social and Department makes available to any such group; Family Affairs the reason a person (details and if he will make a statement on the matter. supplied) in County Kildare does not qualify for [30776/06] a back to school allowance; and if he will make a statement on the matter. [30835/06] Minister for Social and Family Affairs (Mr. Brennan): In the current year, I have met with Minister for Social and Family Affairs (Mr. one group representing unmarried fathers. The Brennan): The back to school clothing and foot- group in question, the Unmarried Fathers of wear allowance (BSCFA) scheme is administered Ireland, received funding in 2005 from the on behalf of my Department by the Community Agency. The Unmarried Fathers of Ireland Welfare division of the Health Service Executive. \ received a grant of 3,000 towards the provision A person may qualify for payment of a back to of counselling. Another group, the Unmarried school clothing and footwear allowance if he or and Separated Fathers of Ireland, received a she is in receipt of a social welfare or health \ grant for 4,000 towards the provision of mar- service executive payment, is participating in an riage and relationship counselling. Also in 2005, approved employment scheme or attending a Parental Equality received the third instalment of recognised education or training course, and has \ a three year budget allocation of 20,000 per year household income at or below certain specified for the provision of a parenting course. levels. The weekly income limit appropriate to a The Unmarried and Separated Fathers of couple with three children is EUR 480.00. Ireland has corresponded with me this year on a The Health Service Executive has advised that number of issues of relevance to their members it has disallowed an application by the person and has also been advised by my officials that concerned as her household income was above core funding for voluntary groups is not available the prescribed EUR 480.00 limit for entitlement from my Department. None of the groups men- to the allowance. It is open to her to appeal this tioned above has applied for funding under the decision to the area appeals officer of the 2006 grants scheme administered by the Family Executive. Support Agency. Two other fathers’ groups were funded by my Social Welfare Code. Department in 2005 under the Family Services Project, which aims to provide a high quality 406. Mr. Connolly asked the Minister for Social information service on the range of supports and Family Affairs his views on the inability of available to families from state agencies and from working parents on the minimum wage to qualify 1533 Questions— 3 October 2006. Written Answers 1534 for financial support with average bills of over pension (contributory) (under 80) plus EUR 100 \1,300 per child for school uniforms, footwear in the case of married and cohabiting couples; and school books; if the guidelines for the back and the maximum rate of widow’s/widower’s con- to school clothing and footwear allowance will be tributory pension (under 80) plus EUR 100 for adjusted to enable these parents to meet rising lone parents, plus child dependant allowance in costs; and if he will make a statement on the each case. matter. [30844/06] It might be noted that these improvements in BSCFA are very significant when viewed in the Minister for Social and Family Affairs (Mr. context of clothing and footwear price trends. Brennan): The back to school clothing and foot- According to the Consumer Price Index for wear allowance scheme (BSCFA) operates from August 2006, the overall cost of clothing and foot- the beginning of June to the end of September wear has fallen by 3.6% over the past twelve each year and is administered on behalf of my months. Since December 2001, clothing and foot- Department by the Community Welfare division wear costs have decreased by 18.8%. of the Health Service Executive. Applications for I consider the back to school clothing and foot- the allowance may be made between the begin- wear allowance scheme to be an important sup- ning of June and the end of September each year. port for parents at a time of particular financial The BSCFA scheme provides a one-off pay- strain. I am satisfied that the improvements to the ment to eligible families to assist with the extra scheme for this year provide a major boost to costs when their children start school each aut- meeting the financial costs associated with return umn. The allowance is intended as a contribution to school for those who most need assistance. towards meeting the cost of school clothing and Any further improvements to the scheme, includ- footwear. The issue of school books are a matter ing the issue of extending the allowance to for the Department of Education and Science and employed parents on low income, would have to that Department separately operates a book be considered in the context of the Budget and in grant scheme for primary and secondary schools. the light of resources available to me for improve- In order to qualify for payment of back to ments in social welfare payments generally. school clothing and footwear allowance, a person must be in receipt of a qualifying social welfare Social Welfare Benefits. or Health Service Executive payment, be partici- 407. Mr. Ring asked the Minister for Social pating in an approved employment scheme or and Family Affairs the date a person (details attending a recognised education and training supplied) in County Mayo made a claim for course and have household income at or below unemployment; the date their payment com- certain set levels. menced; if there is money due to them for the Family income supplement is a qualifying pay- period from when the claim was lodged to when ment for these purposes. The amount of FIS paid their payment actually started. [30864/06] is not assessed against the applicant in the BSCFA means test. The income limits for a Minister for Social and Family Affairs (Mr. couple with one child is EUR 441.40 per week Brennan): The person concerned applied for while for a lone parent with one child is EUR unemployment assistance on 4 July 2006. His 314.90. A person working a 40 hour week at the claim is currently being examined. Upon com- national minimum wage would satisfy this means pletion of enquiries a decision will be made and test. It is estimated that some 78,000 families will he will be notified of the outcome. He is currently benefit under the scheme this year at a cost of in receipt of supplementary welfare allowance at EUR 25m. the weekly rate of \165.80. Budget 2006 provided for a number of Under Social Welfare legislation decisions in improvements to the scheme. These include an relation to claims must be made by Deciding increase of EUR 40 in the rate payable which Officers and Appeals Officers. These officers are means that, from June 2006, an allowance of statutorily appointed and I have no role in regard EUR 120 is payable in respect of qualified chil- to making such decisions. dren aged from 2 to 11 years and EUR 190 in respect of qualified children aged from 12 to 22 years. This represents an increase of 50% and Departmental Staff. 26% respectively over the amount paid last year. 408. Mr. Deenihan asked the Minister for They also include an extension of entitlement to Social and Family Affairs if the Government the back to school clothing and footwear allow- intends to redeploy community welfare officers ance to recipients of guardian’s (formerly from the Health Service Executive to his Depart- orphan’s) payments for the first time; and an ment; and if he will make a statement on the increase in the additional income disregard for matter. [31002/06] entitlement to the scheme from EUR 50 to EUR 100. Minister for Social and Family Affairs (Mr. The new income limits for the BSCFA scheme Brennan): The supplementary welfare allowance for 2006 are based on the maximum rate of state scheme is administered by the Community Wel- 1535 Questions— 3 October 2006. Written Answers 1536

[Mr. Brennan.] ing and working in the EU are governed by EU fare Service of the Health Service Executive on Regulations 1408/71 and 574/72. The Regulations my behalf. The establishment of the Health co-ordinate social security systems and are Service Executive prompted a fresh consideration designed to ensure that people are not of the role and structure of the Community Wel- disadvantaged by moving within the EU to take fare Service, and of the most appropriate location up work. This is achieved primarily by setting out for the service in the future. rules as to which State’s social security system a The Commission on Financial Management person will pay contributions to when, for and Control Systems in the Health Service noted example, s/he moves from one Member State to over the years the health system had been another to take up work or where s/he lives in assigned responsibility for a number of services one State and works another. In addition, the which might be regarded as non-core activities. Regulations also set out rules as to which State It recommended that the Government consider will pay benefit in the event of the usual contin- assigning non-core activities currently undertaken gencies arising, sickness, unemployment old-age by agencies within the health service to other etc. bodies. The general rule is that a person is insured in The Government decided to ask an inter- the State in which s/he works. Equally, the state departmental group to examine this issue. The of employment has, in general, responsibility for report of the interdepartmental group was sub- paying benefits when, for example, a person sequently submitted to, and accepted by, the becomes ill. The Regulations also provide that Government. The report recommends, among when entitlement to benefit is being examined other things, that income support and mainten- account must be taken of insurance paid in any ance schemes, together with associated resources, other Member State where the person worked. should be transferred to my Department. I wel- As a general rule, a person who has worked in come this decision as it provides an opportunity Ireland and who meets the qualifying conditions to bring about positive change for customers and for Illness Benefit may continue to receive that staff and it is, I believe, a logical approach to pro- benefit in accordance with Irish legislation vision of these services. regardless of which Member State the person is Given the organisational, human resource and residing or staying in. industrial relations implications of the transfer proposal, consultations with all stakeholders is Pension Provisions. part of the process to implement the decision. In this regard, a working group comprising officials 410. Mr. Stanton asked the Minister for Social from my Department, the Department of Fin- and Family Affairs with regard to the new non- ance, the Department of Health and Children and contributory state pension, if there has been a the Health Service Executive, has been estab- change in the maximum amount of capital a pen- lished and is progressing its implementation. sioner with absolutely no other means can have The working group is undertaking extensive and still qualify for a pension at the maximum consultation with all relevant stakeholders and rate; if there has been a change in the maximum will continue to do so throughout the programme amount of capital a pensioner couple with abso- of change. This will include consultation with lutely no other means can have and qualify for a those who deliver the service and service users. pension at the maximum rate; if so, the break- A priority in the context of the transfer process down of how capital is now being assessed; and if will be to support the high standard of service he will make a statement on the matter. currently provided by staff in the community wel- [31097/06] fare service. The transfer is a major change for all involved 411. Mr. Stanton asked the Minister for Social but I am confident it will be embraced success- and Family Affairs with regard to the new state pension, if the increase in weekly means disregard fully and will ultimately further enhance the \ \ delivery of service to our customers, in particular from 7.60 to 20.00 necessitated a change in the those most disadvantaged in the community. means assessment calculations; if so, the details of same; and if he will make a statement on the matter. [31100/06] Social Welfare Benefits. 409. Ms Harkin asked the Minister for Social Minister for Social and Family Affairs (Mr. and Family Affairs if the Irish State is responsible Brennan): I propose to take Questions Nos. 410 for paying sick benefit to non-Irish EU citizens and 411 together. working in Ireland, who due to illness are unable On the 28th of September 2006 I was pleased to continue working and must return home; if this to introduce a new enhanced standard State Non- is an ongoing situation; and if he will make a Contributory pension. The changes announced statement on the matter. [31094/06] take effect from Friday, 29th September for those over 66 years and include significant increases in Minister for Social and Family Affairs (Mr. the means disregard from \7.60 per week to \20 Brennan): The social security rights of people liv- per week. 1537 Questions— 3 October 2006. Written Answers 1538

Over 30,000 pensioners who were in receipt of As part of the pension reforms, I also a reduced rate of payment have gained from this announced a specific additional disregard of \100 change. The changes were automatically applied per week where the pensioner is in employment. by my Department without inconvenience to the This new disregard, relating to earnings from pensioner. The increase in the personal rate of employment, is intended as an incentive to facili- payment for the pensioners benefiting from this tate non-contributory pensioners who wish to change will be up to \12.50 per week while the continue working, or to re-enter the workforce. qualified adult rate, where applicable, will The effect of this disregard is that the first \100 increase by up to \8.30 per week. of weekly earnings from employment that a pen- No change in means assessment has been sioner has will be disregarded from the means required as a result of the increase in the means test. A similar disregard will apply to the pen- disregard to \20 per week, with means assessment sioner’s spouse or partner. The disregard will also calculations continuing to be made as heretofore apply to people under age 66 who are in receipt before applying the disregard to the total weekly of a widow/er’s non-contributory pension, means assessed. Hence a single person, with no deserted wife’s allowance and prisoner’s wife’s other means, will be able to have up to \36,000 allowance. in capital and still qualify for a pension at the The rate of pension awarded is based on a maximum rate. This figure is doubled in the case means test and income above \100 of earnings is of a pensioner couple. included for the assessment of means. Also Capital is assessed from the savings, invest- included is the value of capital (such as savings ments, cash-on-hands and property (excluding and investment) and property (other than the the pensioners own home). The value of all of pensioners own home.) these items is added together and a formula is Once the weekly means of the pensioner have applied to their total value to calculate the weekly been established, the weekly income disregard of means as follows: \20 is applied. Any income amount remaining after the disregards have been applied reduces Capital amount Weekly means assessment the maximum pension payable, based on a sched- uled table of income bands. Each increase in First 20,000.00 Nil weekly means of amounts up to \2.50 has the Next 10,000.00 1.00 per 1,000.00 effect of reducing the pension payable by \2.50 Next 10,000.00 2.00 per 1,000.00 per week. In a case such as the example quoted, where a pensioner has earnings from employment Excess 40,000.00 4.00 per 1,000.00 of up to \100 per week and capital of \35,000 with no other means, a pension at the maximum rate is payable. 412. Mr. Stanton asked the Minister for Social and Family Affairs with regard to the \100 State Airports. income disregard of the new state pension, the breakdown of the way income above this amount 414. Mr. P. Breen asked the Minister for Trans- will be assessed by his Department and used to port if he intends to intervene with the Dublin decrease the pension rate payable; and if he will Airport Authority regarding its policy of cur- make a statement on the matter. [31101/06] tailing and closing essential services at Shannon Airport, having described the closure of the air- 413. Mr. Stanton asked the Minister for Social port’s public bar as petty; and if he will make a and Family Affairs with regard to the new state statement on the matter. [30212/06] pension, the impact earnings of \100 per week from insurable employment will have on the pen- Minister for Transport (Mr. Cullen): The man- sion rate payable to a pension with \35,000 capi- agement and operation of Shannon Airport is a tal in the bank and no other means; and if he will day to day matter for the Dublin Airport Auth- make a statement on the matter. [31102/06] ority and I have no function in relation to the issues raised by the Deputy. Minister for Social and Family Affairs (Mr. Brennan): I propose to take Questions Nos. 412 Port Development. and 413 together. 415. Mr. Neville asked the Minister for Trans- In the last Budget, I announced a wide range port the details of performance audits on port of important measures for non-contributory pen- companies which were completed in 2004 as sioners. These included a significant increase in required by statute. [30597/06] the means disregard from \7.60 per week to \20 per week. Consequent on the increase in the \ Minister of State at the Department of Trans- means disregard to 20 per week a single person, port (Mr. Gallagher): Performance audits of the with no other means, can have up to \36,000 in State port companies are not required by statute. capital and still qualify for a pension at the Section 29 of the Harbours Act 1996 provides maximum rate. These figures are doubled in the that such audits may take place, but there is no case of a pensioner couple. 1539 Questions— 3 October 2006. Written Answers 1540

[Mr. Gallagher.] Department; and if he will make a statement on obligation on the Minister to do so. A perform- the matter. [30470/06] ance audit was competed in spring 2001. Sub- mission of this audit report to Government was Minister of State at the Department of Trans- delayed due to legal actions. However, the report port (Mr. Gallagher): The Government’s Ports was approved by Government and laid before the Policy Statement, which I launched early last Oireachtas in July 2006. year, sets out current policy in relation to the In summary, the audit found that the eight ports sector, including the funding of port infra- State port companies operating in 2001 managed structure developments. very different ports; that the companies had suc- The Policy Statement states that the state cessfully accommodated rapid traffic growth; owned ports, as commercial entities, should be were generally adapting to a more commercial capable of funding their operations and infra- mindset; and were becoming cost efficient and structure requirements without relying on customer focused. Exchequer support. Such funding, if available, The Department has no plans at present to would only be considered after other funding commission another composite performance opportunities available to the ports themselves audit of all the State port companies. The Depart- were fully exhausted (e.g. through efficiencies, ment believes that, having regard to the number optimum use of existing resources, port charge and diversity of the State port companies, individ- adjustments, borrowings and private sector ual monitoring and targeted intervention where investment). necessary is more efficient and cost effective. No application for funding has been received The performance of each port company is by my Department from Rosslare harbour. closely monitored by the Department through the Rosslare did make a detailed submission out- mandatory annual reporting requirements. lining various proposals for new capacity in a recent study into port capacity carried out by con- sultants on behalf of my Department. The Driving Tests. Department will closely monitor the progress of 416. Mr. Hogan asked the Minister for Trans- the proposals put forward, including Rosslare’s. port when a driving test will be arranged for a person (details supplied) in County Kilkenny; and Departmental Reviews. if he will make a statement on the matter. 419. Ms Shortall asked the Minister for Trans- [30718/06] port if he will publish the expenditure review of Coras Iompair E´ ireann (details supplied); and Minister for Transport (Mr. Cullen): Under the ensure a copy is placed in Houses of the Road Safety Authority Act 2006 (Conferral of Oireachtas library. [30540/06] Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the Minister for Transport (Mr. Cullen): The delivery of the driving test and the issuing of cer- report referred to by the Deputy is under con- tificates of competency. The Deputy’s enquiry sideration in my Department as part of the review has been referred to the RSA for direct reply to of CIE´ subvention being undertaken in the con- him. text of the expenditure review process. The report will be published when the review has 417. Mr. Hogan asked the Minister for Trans- been completed. port when a driving test will be arranged for a person (details supplied) in County Kilkenny; and Road Safety. if he will make a statement on the matter. [30719/06] 420. Ms O. Mitchell asked the Minister for Transport the Act or Statutory Instrument which Minister for Transport (Mr. Cullen): Under the requires the use of booster seats in cars carrying Road Safety Authority Act 2006 (Conferral of children. [30541/06] Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the Minister for Transport (Mr. Cullen): The Euro- delivery of the driving test and the issuing of cer- pean Communities (Compulsory Use of Safety tificates of competency. The Deputy’s enquiry Belts and Child Restraint Systems in Motor has been referred to the RSA for direct reply to Vehicles) Regulations 2006 (S.I. No. 240 of 2006) him. requires, inter alia, that children travelling in cars and goods vehicles must be restrained in appro- priate child restraints. A booster seat would be Departmental Funding. an appropriate restraint for children in the 15 to 418. Mr. Howlin asked the Minister for Trans- 25 kilogram weight range. The regulations trans- port if he will provide funding for the dredging of pose EU Directive 2003/20/EC relating to the Rosslare Harbour Europort; if an application for compulsory use of safety belts in motor vehicles funding for this work has been received in his into Irish law. 1541 Questions— 3 October 2006. Written Answers 1542

Driving Tests. In 2005, Iarnro´ dE´ ireann placed orders for 150 high-specification Intercity rail cars, funded 421. Mr. Connolly asked the Minister for \ Transport the steps he proposes to take to reduce under Transport 21, at a cost of 322 million, to the waiting period for driving tests from its cur- serve the national Intercity network, including rent 11 month average period in Counties Cavan Dublin-Sligo. These rail cars are set to enter and Monaghan; his views on whether a significant service during 2007 and 2008, with Dublin-Sligo reduction can be achieved by the end of 2006; and scheduled to be the first route to benefit from if he will make a statement on the matter. the new fleet in 2007. This will enable services to [30845/06] increase on the route to every two hours each way. Minister for Transport (Mr. Cullen): I refer the The M4 Leixlip to M50 junction road scheme Deputy to my reply to Question 56 on Thursday is scheduled to commence construction in 2007. 28 September 2006. I understand that as a con- This scheme will involve the widening of the N4 sequence of the appointment of additional driver to 3 lanes from the M50 roundabout to the exist- testers that the average waiting time in the Cavan ing M4 Motorway at Leixlip, with the provision and Monaghan test centres at the 18 September of a grade-separated interchange (flyover) at the were 13 weeks and 9 weeks respectively. Under Newcastle Road junction. the Road Safety Authority Act 2006 (Conferral This work comes in addition to the substantial of Functions) Order 2006 (S.I. No. 477 of 2006) upgrading which has already been undertaken on the Road Safety Authority now has responsibility this route in recent years including the bypass of for the delivery of the driving test and the issuing Kilcock itself. The works now being planned will of certificates of competency. further increase the capacity of this route to deal with the growing number of commuters living in Air Services. the catchment area of the N4. Phase 1 of the M50 Upgrade Project has started 422. Mr. Connolly asked the Minister for on the carriageway between the N7 and N4 inter- Transport the rationale behind the refusal by a changes and is due for completion in mid-2008. company (details supplied) at Dublin Airport to Phase 1 includes the replacement of the existing allow two passengers in a family travelling M50/N4 roundabout with a freeflow junction together to pool their baggage weight when checking in, while they permit this practice at which, coupled with the N4 widening works, their European destination airports; if he pro- should result in improved traffic flow from the poses to intervene with the airline in this regard; M4/N4 to the city centre and via the upgraded and if he will make a statement on the matter. M50 to the greater Dublin Region. [30846/06] Pension Provisions. Minister for Transport (Mr. Cullen): This is a 424. Mr. Connolly asked the Minister for contractual matter between the passenger and the Transport his views on the deficit of \329 million airline. My Department has no role or function in the Aer Lingus pension fund; if he proposes to in this area. meet with Aer Lingus management to ascertain the reasons for the deficit; and if he will make a Transport Policy. statement on the matter. [30848/06] 423. Mr. Durkan asked the Minister for Trans- port the extent to which commuters from Dublin Minister for Transport (Mr. Cullen): The pen- to Kilcock can or will be accommodated in the sion scheme in question is the Irish Airlines context of Transport 21 or otherwise and as Superannuation Scheme. Issues relating to the planned; and if he will make a statement on the scheme are matters for the trustees of the matter. [30847/06] scheme, the companies involved and the scheme members to address having regard to the Trust Minister for Transport (Mr. Cullen): A number Deed and the rules of the scheme. Furthermore, of projects under way or in planning under Trans- having regard to the fact that Aer Lingus is now port 21, will be of significant benefit to com- a publicly listed company, it would not be appro- muters on the Kilcock to Dublin route. Railway priate for me to comment on the issue raised. services to Kilcock have benefited from the major investment in recent years on the Dublin-Sligo Road Safety. line, where, since 1999, over \150 million has been invested. This investment has funded track 425. Mr. Connolly asked the Minister for renewal, re-signalling, level crossings, platform Transport his views on the recent European lengthening and other safety investment. Invest- Transport Safety Council survey that placed ment also covered the new rail car fleet intro- Ireland seventh from bottom among EU coun- duced in December 2005 on the route, which tries for the reduction of road deaths since 2000; delivered an increase in services from three each the way in which he proposes to attain the EU way per day to five each way per day. target of cutting road deaths by 50 per cent by 1543 Questions— 3 October 2006. Written Answers 1544

[Mr. Connolly.] including the Ministers for Justice, Finance, 2010; and if he will make a statement on the Health, Education and the Attorney General. matter. [30849/06] This Committee has met on a number of occasions to pursue an integrated approach on all Minister for Transport (Mr. Cullen): The cross cutting issues. primary target of the Governments Irish Road While I am conscious that the EU target of cut- Safety Strategy 2004 – 2006 is to reduce road ting road deaths by 50% over a ten year period deaths to no more than 300 per annum by the end will be difficult to achieve, we will continue to of 2006. The most recent European Transport work towards this target. Since 1998, Ireland has Safety Council report ranks Ireland 7th from the seen an overall reduction 13% reduction in road bottom of EU countries in terms of improving fatalities despite a 41% increase in the number of road safety over the last four years. The Report vehicles and a 21% increase in drivers. The states that “in Ireland traffic deaths are on the number of road deaths in August 2006 at 17 is the rise following the positive development in lowest number for any month since November 2002/2003”. The latter relates to the period when 1999. The August 2006 figure can be compared in penalty points were first introduced and rigor- the same month in 2005 and 35 in 2004. 22 people ously enforced. lost their lives this September compared to 31 in The report does not reflect the key changes in September 2005. The level of collisions has also the road safety areas that I have introduced in fallen. The downward trend follows the introduc- 2005 and 2006. As Minister I have put in place a tion of roadside Mandatory Alcohol Testing in combination of measures and road safety cam- July. paigns which are in line with those countries While it is important not to base trends on two which have achieved the best results in terms of months’ statistics, the reduction is a very positive road safety. The Government is working to development and it is hoped the increase in the reduce the level of road deaths through a number levels of enforcement will continue to have a sig- of key initiatives that have been implemented nificant deterrent effect on those who would during the last two years. We have invested mil- otherwise drink and drive and the downward lions in new, improved and safer roads. A major trend in the level of deaths will continue. extension of the application of the penalty points system to a total of 36 offences, has been Road Traffic Offences. implemented with a continued focus on driver 426. Ms Shortall asked the Minister for Trans- behaviour and key safety issues. Fixed charges port further to Parliamentary Question Nos. 174, now apply to almost 60 offences. The Road 175 and 176 of 21 June, 2006 if he is in a position Traffic Act 2006 includes a number of the key to provide the information requested. [30850/06] measures. These include the provision enabling Mandatory Alcohol Testing (MAT) checkpoints Minister for Transport (Mr. Cullen): The infor- to be set up, a ban on the use of hand-held mobile mation requested was sent to the Deputy on the phones while driving, and the legislative provision 29th September 2006. I am arranging for a further supporting the operation of privately operated copy of the information to be sent to the Deputy. speed cameras. This legislation addresses issues outstanding in the current Road Safety Strategy Public Transport. that required primary legislation particularly in the key problem areas of drink driving and speed- 427. Ms Shortall asked the Minister for Trans- ing. Fixed charges and penalty points apply to the port the number of buses in the Dublin Bus fleet offence of driving while using a mobile phone by age given at intervals of one year. [30865/06] since 1st September 2006. The Road Safety Auth- ority is now in place. This provides a focus for a 428. Ms Shortall asked the Minister for Trans- wide range of road safety related matters that port the number of buses in the Bus E´ ireann fleet were previously spread across the Department of by age given at intervals of one year. [30866/06] Transport, the National Safety Council and the National Roads Authority. 429. Ms Shortall asked the Minister for Trans- A dedicated Garda Traffic Corps, established port the average, median, lower and upper quar- at the end of 2004, and headed by an Assistant tiles, and range of milage of buses in the Dublin Commissioner, has been significantly augmented Bus fleet. [30867/06] in 2005 and 2006. At the start of 2006, the total dedicated strength of the Garda Traffic Corps 430. Ms Shortall asked the Minister for Trans- stood at 520 all ranks. By 2008, a total of 1,200 port the average, median, lower and upper quar- gardaı´ will be part of the Traffic Corps. tiles, and range of milage of buses in the Bus In a signal that road safety is now at the very E´ ireann fleet. [30868/06] top of the political agenda, the Government has replaced the official’s High Level Group with a Minister for Transport (Mr. Cullen): I propose Ministerial Committee on Road Safety under the to take Questions Nos. 427 to 430, inclusive, chairmanship of the Minister for Transport and together. 1545 Questions— 3 October 2006. Written Answers 1546

My Department has asked Dublin Bus and Bus facilities is an important element of Transport 21 E´ ireann to compile the information sought and to and very significant funds have been set aside forward to the Deputy directly. under Transport 21 for this purpose. Well-located park and ride facilities can contribute signifi- Working Time Regulations. cantly to modal shift to public transport. Care- fully chosen park and ride sites will be a feature 431. Ms Shortall asked the Minister for Trans- of each of the major rail based public transport port the maximum number of hours a bus driver projects under Transport 21, such as Metro may work in one week and in one day and the North, Metro West, the extended Luas Green statutory instrument in which this is set down. line, Kildare Route Project and the Navan Line. [30869/06] QBC based Park and Ride facilities will also be located at other strategic locations. Minister for Transport (Mr. Cullen): The aver- I have approved a strategy prepared by the age weekly working time for the driver of a pass- Dublin Transportation Office for Park and Ride enger vehicle may not exceed 48 hours calculated facilities on the existing and proposed rail net- over a 4 month reference period. Weekly working work in the Greater Dublin Area. Local Auth- time may be extended to 60 hours in any one orities are examining the most suitable locations week if, over the reference period, the average of for QBC based Park and Ride facilities and will 48 hours is not exceeded. There is no daily work- be applying to my Department for funding under ing limit specified in legislation except in cases Transport 21 for the capital cost of such facilities where drivers are engaged in night work. If any in due course. night work is performed then the daily working Iarnro´ dE´ ireann is developing a prioritised time must not exceed 10 hours. A driver of a Park and Ride development programme, taking passenger vehicle may not, however, drive for account of the Dublin Transportation Office more than 9 hours a day. This can be extended to strategy for the development of rail based Park 10 hours twice a week. and Ride facilities. Iarnro´ dE´ ireann is at present Legislation: expanding its Park and Ride facilities at Ennis, There are different EU Directives and Regu- Mallow and at Leixlip/Louisabridge on the lations concerned with the regulation of Working Maynooth line, as these stations were viewed as Time and Drivers Hours. Details as follows: being in immediate need of expanded Park and Directive 2002/15/EC on the organisation of the Ride facilities. In addition, as part of its Kildare working time of persons performing mobile road Route Project, Iarnro´ dE´ ireann will be providing transport activities; European Communities park and ride facilities at the new stations to be (Organisation of Working Time of Persons Per- located at Adamstown, Kishogue, Fonthill Road forming Road Transport Activities) Regulation and Parkwest. 2005 (S.I. No. 2 of 2005); Council Regulation This year, my Department is providing (EEC) No. 3820/85 on the harmonisation of cer- approximately \1.2 million for these works in tain social legislation relating to road transport; Leixlip, \0.7 million for Ennis and \1.3 million and European Communities (Road Transport) for Mallow. The Railway Procurement Agency Regulations 2006; (S.I. No. 88 of 2006). has already provided Park and Ride facilities at Red Cow on the Red Line and at Sandyford and Rail Network. Balally on the Green Line, as part of the develop- 432. Ms C. Murphy asked the Minister for ment of the first Luas lines. The Agency is in the Transport the time-frame within which the process of providing further Park and Ride facili- development of rail services on the Kildare rail- ties on the Red Line at Tallaght. Suitable Park way line planned by his Department will occur; and Ride sites for new Luas and Metro projects the progress on the railway order Kildare line; will be identified as part of the process of sel- and if he will make a statement on the matter. ecting route alignment. [31074/06] Road Network. Minister for Transport (Mr. Cullen): I refer the Deputy to my reply to Question 1127 on 434. Ms C. Murphy asked the Minister for Wednesday, 27th September, 2006. Transport the discussions which have taken place between his Department and the owners of the West Link Toll Plaza regarding the manner in Park and Ride Facilities. which tolls are collected and regarding the abol- 433. Ms C. Murphy asked the Minister for ition of those tolls; if he anticipates that the West Transport the way in which it is intended to fund Link will be toll free within the next year; and if provision of car parking at suburban train he will make a statement on the matter. stations; and if he will make a statement on the [31077/06] matter. [31076/06] Minister for Transport (Mr. Cullen): In 2005, I Minister for Transport (Mr. Cullen): The pro- had two meetings with representatives of NTR. vision of appropriately located Park and Ride Both meetings dealt with the issue of congestion 1547 Questions— 3 October 2006. Written Answers 1548

[Mr. Cullen.] a lawful and enforceable special speed limit is in at the West-Link Bridge and the options for a place on the stretch of the N11 in question. speedy transition to barrier free tolling. In the Wicklow County Council’s bye-laws and the course of both meetings, I emphasised the critical special speed limit have not been struck down as importance of moving to barrier free tolling as unlawful by Bray District Court and there are no quickly as possible. grounds therefore for the refund of fixed charge In addition to the foregoing, my Department payments made to the Garda Sı´ocha´na and the has had contact with NTR in relation to the deletion of penalty points on the relevant driving State’s share of the West-Link toll revenues and licence record. with NTR and other toll operators in relation to legislative changes necessary to support enforce- Community Development. ment of a barrier free toll regime. As the Deputy is aware, the statutory power to 436. Mr. O’Dowd asked the Minister for Com- levy tolls on national roads, to make toll bye-laws munity, Rural and Gaeltacht Affairs if funding and to enter into toll agreements with private will be provided for an organisation (details investors in respect of national roads, including supplied) in County Louth; and if he will make a the M50, is vested in the National Roads Auth- statement on the matter. [30513/06] ority (NRA) under Part V of the Roads Act 1993 Minister of State at the Department of Com- (as amended by the Planning and Development munity, Rural and Gaeltacht Affairs (Mr. N. Act 2000). Ahern): An application was received by my In that context, last January, the NRA decided Department from the organisation in question to replace the West-Link toll on the M50 by a under the 2006 Programme of Grants for Locally- single-point barrier free toll in 2008. The instal- Based Community and Voluntary Organisations. lation of barrier-free tolling is a crucial element All applications under this Programme are of the M50 upgrade which is underway at present. assessed objectively against the published criteria. The NRA has initiated a tender competition for This assessment process is being carried out at the provision of barrier free tolling services with present and all groups will be notified in writing the objective of having barrier free tolling of my decision in relation to their applications as arrangements operational on the M50 by mid soon as possible. 2008. I expect that significant improvement in the situation on the M50 will take place in 2008 with Grant Payments. the introduction of barrier free tolling, together 437. Dr. Cowley asked the Minister for Com- with the completion of Phase 1 of the upgrade on munity, Rural and Gaeltacht Affairs if the rural the road section between the N4 (Galway Road) social scheme is classed as income; if this payment and Ballymount interchanges along with the is taken into account when applications are made interchanges themselves. Further improvement for third level grants; and if he will make a state- will take place on completion of the later phases ment on the matter. [30548/06] of the upgrade in 2010. Minister for Community, Rural and Gaeltacht Road Traffic Offences. Affairs (E´ amon O´ Cuı´v): The payment that par- ticipants on the Rural Social Scheme (RSS) 435. Mr. Durkan asked the Minister for Trans- receive is regarded as income. The rate of pay- port the action he proposes to take to address the ment is determined by the participant’s issue of speeding fines imposed and paid in personal/family circumstances and is based on respect of offences in the vicinity of Newtown- their qualifying payment from the Department of mountkennedy in contrast with those whose fines Social & Family Affairs at the time of joining the were struck out in court on legal grounds; if it is Scheme and an appropriate top-up payment from intended to make restitution to the former; and if the RSS. The manner in which this income is he will make a statement on the matter. treated for third level grant purposes is a matter [31079/06] for the Local Authority or V.E.C. to which the relevant application is made. Minister for Transport (Mr. Cullen): Iamnot aware of any issue arising in relation to breaches of the speed limit in the Newtownmountkennedy Calafoirt agus Ce´anna. area so I presume that the Deputy intends to 438. D’fhiafraigh Mr. Gilmore den Aire Gno´ - refer to the decisions of Bray District Court earl- thaı´ Pobail, Tuaithe agus Gaeltachta ce´n dul chun ier this year in connection with the prosecution cinn ata´ de´anta maidir le hobair fheabhsu´ cha´in ar of breaches of the special speed limit that applies Che´ an Rannaigh, A´ rainn Mho´ r, Co. Dhu´ nna on the N11 in the vicinity of Kilmacanogue nGall agus fad a chur leis. [30990/06] village. The position is that Wicklow County Council Minister for Community, Rural and Gaeltacht are satisfied that special speed limit bye-laws Affairs (E´ amon O´ Cuı´v): I 2001, ar iarratas o´ mo have been validly made since April 2004 and that Roinnse, chuir Comhairle Chontae Dhu´ nna 1549 Questions— 3 October 2006. Written Answers 1550 nGall re´amh-thuarasca´il ar fa´il maidir le forbairt the allowed timeframe. However, on review it has na saora´idı´ calaı´ochta ag Rannach, Oilea´nA´ rainn been discovered that the requested information Mho´ r. Moladh dha´ rogha sa tuarasca´il sin, i.e., had, in fact, been forwarded by the person named sı´neadh 30m a chur leis an gce´ ata´ ann faoi la´thair albeit to another section of the Department. ar chostas \1.5m, no´ sı´neadh 65m a chur le´iar Following a re-examination of the circum- chostas \3m. Dheimhnigh an tuarasca´il chomh stances of this case, my Department has decided maith gur chun sochair thionscal na hiascaire- that the year 2002 will be excluded and the years achta a´itiu´ la a rachadh aon fhorbairt nua ag an 2000 and 2001 will be utilised for the purposes of la´thair seo. calculating the Single Payment Entitlements of Ta´ iarratas faighte ag mo Roinn o´ n gComhairle the person named. This will result in an increased Chontae maidir le costais deartha agus ullmhu´ Single Payment. Arrangements have now been doicime´ad conartha don togra seo agus ta´ an t- made to issue a supplementary payment in iarratas sin a´ mheas faoi la´thair i gcomhthe´acs an respect of the 2005 Single Payment Scheme and tsola´thair ata´ ar fa´il dom le caitheamh ar fhor- a formal letter will issue to the person named in bairt ce´anna ar na hoilea´in sna blianta amach respect of this decision. romhainn agus na n-e´ileamh e´agsu´ il ar an sola´- thar sin. 441. Mr. Lowry asked the Minister for Agri- culture and Food when a 2005 national reserve Sce´imeanna Feabhsu´ cha´in Bo´ ithre. top-up from the single farm payment will issue for a person (details supplied) in County 439. D’fhiafraigh Mr. Gilmore den Aire Gno´- Tipperary; the reason for a delay in issuing confir- thaı´ Pobail, Tuaithe agus Gaeltachta an bhfuil se´ mation to the person; and if she will make a state- in ann breis airgid a chur ar fa´il chun obair dheisi- ment on the matter. [30579/06] u´ cha´in a chrı´ocnu´ ar bho´ thar a´ise ag gabha´il go teach an Dr. Uı´ Chuinn agus tithe eile ag An Minister for Agriculture and Food (Mary ´ Leadhb Gharbh, Oilea´nArainn, Contae Dhu´ nna Coughlan): The person named submitted an nGall. [30991/06] application for an allocation of entitlements from the 2005 Single Payment Scheme National Minister for Community, Rural and Gaeltacht Reserve under Category B. Category B caters for ´ ´ Affairs (Eamon O Cuı´v): Ar 1 Iu´ il 2005, chea- farmers who, between 1 January 2000 and 19 \ daigh me´ deontas 35,000, no´ 100% den chostas, October 2003, made an investment in production do Chomhairle Chontae Dhu´ n na nGall chun oib- capacity in a farming sector for which a direct reacha feabhsu´ cha´in a dhe´anamh ar an mbo´ thar payment under Livestock Premia and/or Arable ´ a´ise seo ag An Leab Garbh, Oilea´n Arann Mho´ir. Aid schemes would have been payable during the Ta´ iarratas faighte ag mo Roinn o´ n gComhairle reference period 2000 – 2002. Investments can Chontae anois ar chu´ namh chun oibreacha breise include purchase or long-term lease of land, pur- a chur i gcrı´ch ar an mbo´ thar ce´anna. Ta´ an t- chase of suckler and/or ewe quota or other iarratas sin a´ mheas faoi la´thair i gcomhthe´acs an investments. tsola´thair airgid ata´ ar fa´il dom le caitheamh ar This application under Category B has been thograı´ oilea´nda agus na n-e´ileamh e´agsu´ il ar an deemed successful and a formal letter setting out sola´thar sin. my Department’s decision has issued to the per- son named. If he is dissatisfied with my Depart- Grant Payments. ment’s decision in relation to the National Reserve, he now has the opportunity to appeal 440. Dr. Cowley asked the Minister for Agri- this decision to the Independent Payment culture and Food when a person (details Appeals Committee. An appeals application form supplied) in County Mayo will receive clearance is available from any of my Department’s offices from her Department for the single farm payment or on the Department website at www.agricul- scheme; and if she will make a statement on the ture.gov.ie. matter. [30487/06] This particular case also involved a successful application under the New Entrant measure of Minister for Agriculture and Food (Mary the Single Payment Scheme and had to be exam- Coughlan): The person named received his Single ined under the anti-accumulation provisions of Payment in December 2005 but he had also sub- the regulations to ensure that allocation from the mitted an application for consideration of Force National Reserve did not result in double benefit. Majeure /Exceptional Circumstances in relation to the establishment of his entitlements under the Single Payment Scheme. He made the application Farm Retirement Scheme. on the grounds that his farming production in the 442. Mr. Lowry asked the Minister for Agri- reference years had been adversely affected by culture and Food the reason a person (details his medical condition. This application was supplied) in County Tipperary has not received a initially incorrectly refused on the grounds that payment under the farm retirement scheme in the additional medical information requested view of the fact that their application was submit- from the person named was not submitted within ted in December 2005; when payment will issue 1551 Questions— 3 October 2006. Written Answers 1552

[Mr. Lowry.] Payment was issued following the merging of the to the person; and if she will make a statement entitlements. However, I have arranged for an on the matter. [30580/06] official of my Department to make direct contact with the person named, with a view to satisfac- Minister for Agriculture and Food (Mary torily resolving any outstanding issue. Coughlan): A valid application from the person named was received on 10 April 2006. The appli- Farm Waste Management. cation has been approved and payment of the Early Retirement pension will commence at the 446. Mr. G. Murphy asked the Minister for end of October 2006. Pension arrears, retrospec- Agriculture and Food the reason no system is in tive to 10 April 2006, will be included with the place to collect plastic from farms, in view of the first payment. fact that farmers pay for the disposals of plastic when they purchase these products. [30721/06] Farm Waste Management. Minister for Agriculture and Food (Mary 443. Mr. Ring asked the Minister for Agri- Coughlan): The disposal of waste materials gen- culture and Food if she will review the farm waste erally is covered by the Waste Management Acts management scheme to allow for grant assistance 1996 to 2005, which apply to all sectors of society towards an air agitator system, with the agitating including the agricultural sector, and is a matter point inside the slatted shed in cases where the for the Minister for the Environment, Heritage slatted shed is more than ten years old in view of and Local Government. the health and safety benefits of such systems; Under the Waste Management (Farm Plastics) and if she will make a statement on the Regulations 2001, manufacturers and importers matter. [30581/06] of farm plastics – that is, silage bale wrap and sheeting – are required to take steps to recover Minister for Agriculture and Food (Mary farm plastics waste which they have placed on the Coughlan): The current Farm Waste Manage- market, or alternatively to contribute to and par- ment Scheme allows for grant-aid of 40% for sim- ticipate in compliance schemes to recover the ple aeration systems in existing buildings includ- waste in question. The Irish Farm Film Producers ing those over ten years old and new buildings. Group, IFFPG, is currently the sole approved These systems agitate the slurry thereby obviat- body in Ireland for the purposes of implementing ing the need for an agitation point and no change a compliance scheme for the recovery of farm in the current scheme is necessary. plastics waste. The Waste Management (Farm Plastics) Regulations are a matter for the Mini- Farm Retirement Scheme. ster for the Environment, Heritage and Local Government, and my Department has no involve- 444. Mr. Kehoe asked the Minister for Agri- ment in the running of the IFFPG scheme. culture and Food the reason for the delay in pro- cessing the early retirement payment for a person Grant Payments. (details supplied) in County Wexford; when pay- ment will be made; and if she will make a state- 447. Mr. Ferris asked the Minister for Agri- ment on the matter. [30582/06] culture and Food the number of farmers here who are currently in receipt of the energy crop Minister for Agriculture and Food (Mary grant; and if she will make a statement on the Coughlan): An application under the Early matter. [30792/06] Retirement Scheme from the person named was received in my Department on 12 May 2006. A Minister for Agriculture and Food (Mary number of queries arose in relation to the appli- Coughlan): My Department issued payments to cation; these were communicated to her on 28 121 applicants in respect of the 2005 Energy July 2006. A reply was received on 6 September Crops Scheme, representing 1,447.19 eligible hec- 2006 and the person named will be notified of the tares. There are currently 248 applicants for the decision very shortly. 2006 Energy Crops Scheme, representing 2,402.68 hectares. Grant Payments. Installation Aid Scheme. 445. Mr. Hayes asked the Minister for Agri- culture and Food the reason for the shortfall in a 448. Mr. N. O’Keeffe asked the Minister for single farm payment to a person (details Agriculture and Food the reason an application supplied) in County Tipperary. [30674/06] by a person (details supplied) in County Cork under the installation aid scheme has been Minister for Agriculture and Food (Mary refused. [30793/06] Coughlan): My Department has already amalga- mated the entitlements of the person named Minister for Agriculture and Food (Mary established under both his Tipperary and Kerry Coughlan): The person concerned is ineligible for herd numbers. The applicant’s 2005 Single Farm aid under the Installation Aid Scheme as he had 1553 Questions— 3 October 2006. Written Answers 1554 not earned the required minimum 20 income ing and received direct payments prior to 31 units from farming owned/leased land within the December 2002. first twelve months of setting up in farming. He If the person named is dissatisfied with my was advised of this on 3 July 2006. Following con- Department’s decision in relation to the National sideration of a subsequent appeal by the appli- Reserve, he now has the opportunity to appeal cant, the original decision was upheld and he was this decision to the Independent Single Payment notified of this outcome on 18 September 2006. Appeals Committee. An appeals application form The person concerned has been advised of his is available from any of my Department’s offices right to appeal the decision to the Agriculture or on the Department website at www.agricul- Appeals Office. ture.gov.ie.

Grant Payments. National Herd. 449. Mr. Deenihan asked the Minister for Agri- 450. Mr. Crawford asked the Minister for Agri- culture and Food when a decision will be made culture and Food the number of animals (details on the appeal by a person (details supplied) in supplied) that were in Ireland on the 1 January County Kerry against the decision rejecting their 2000; the number at the present time or the most application as a force majeure case; and if she will recent figures available; and if she will make a make a statement on the matter. [30995/06] statement on the matter. [31016/06]

Minister for Agriculture and Food (Mary Minister for Agriculture and Food (Mary Coughlan): The person named has been pre- Coughlan): The most recent figures for the viously notified that the circumstances outlined national herd indicate that the live cattle popu- by him did not satisfy the criteria for Force lation in Ireland on July 1st 2006 was 7.089 mil- Majeure/Exceptional Circumstances under lion comprising 2.435 million males and 4.654 mil- Article 40 of Council Regulation (EC) No. lion females. These figures are based on an 1782/2003. He appealed this decision to the Inde- extract from the live cattle population taken from pendent Single Payment Appeals Committee and the Cattle Movement Monitoring System the Appeals Committee upheld the decision of (CMMS) database. The information regarding my Department. The person named was however the number of cows in the country at that time is invited to make an application under the 2005 being compiled at present and will be forwarded National Reserve measure of the Single Pay- to the Deputy when available. ment Scheme. It is not possible to give a corresponding live The person named submitted an application for cattle population figure for 1st January 2000 an allocation of entitlements from the 2005 Single taken from the CMMS database as the system Payment Scheme National Reserve under Categ- was not fully operational at that time. However, ories A, C and D. Category A caters for farmers the CSO Livestock Survey for December 1999 who inherited land or received land free of charge showed that the cattle population at that time was or for a nominal sum from a farmer who had 6.707 million – 2.401 million males and 4.306 mil- retired or died by 16 May 2005 and who had lion females, of which 2.393 million were cows. leased out his/her holding to a third party during the reference period 2000 – 2002. The person Cattle Identification Scheme. named was unsuccessful under this category as he 451. Mr. Crawford asked the Minister for Agri- inherited the land prior to the reference period culture and Food the number of individual cattle 2000 – 2002. tags that had to be replaced in the past 12 month Category C caters for farmers who, between 1 period; the number of double tags that were January 2000 and 19 October 2003, sold their replaced in same period; if she is satisfied that milk quota into the Milk Quota Restructuring they are the best tags available; if she has con- Scheme and converted their enterprise to a farm- sidered using another form of identification; and ing sector for which a direct payment under Live- if she will make a statement on the matter. stock Premia/or Arable Aid Schemes would have [31017/06] been payable during the reference period 2000 to 2002. The person named was unsuccessful as his Minister for Agriculture and Food (Mary existing Single Payment already reflects his con- Coughlan): The number of individual cattle tags version to or expansion in another eligible farm- that had to be replaced in the past 12 month ing sector. period, from the 1st of September 2005 to the 31st Category D caters for farmers who commenced of August 2006, was 311,936. The number of farming after 31 December 2002 or who com- double tags that were replaced in the same period menced farming in 2002 on purchased or was 99,089. inherited land but who received no direct pay- My Department reviews the methods of identi- ments in respect of that scheme year. The person fication available for cattle within the terms of named was unsuccessful as he commenced farm- the EU requirements and keeps in touch with 1555 Questions— 3 October 2006. Written Answers 1556

[Mary Coughlan.] Minister for Education and Science (Ms developments in the marketplace in relation to Hanafin): The Third Level Student Support eartags to ensure that the tag most suited to the Schemes operated on behalf of my Department needs of Irish farming is available. I am satisfied provide a means tested grant to students who are that the current tag in use provides the best sol- pursuing their first undergraduate or postgradu- ution for the identification of cattle in Ireland at ate course and who comply with the terms and present. The suitability of the current tag and that conditions of the Scheme. There is provision in recently selected for use in the Irish bovine the 2006/07 Schemes for an allowance where 2 identification system was determined by refer- or more children (or the candidate’s parent) are ence to a range of criteria designed to select an pursuing a course of study listed below; the effective and secure identification and traceability reckonable income limits may be increased by system so that customers and consumers of Irish \4,525 where there are 2 such children, \9,050 beef can be assured of the traceability of the where there are 3 such children and so on, by product. increments of \4,525. Courses: Third Level Courses. • attending full-time third level education. 452. Mr. Ardagh asked the Minister for Edu- • attending a recognised PLC course, student cation and Science if her attention has been nurse training or student Garda training. drawn to the fact that the BA evening degree in Irish at UCD has been cancelled; and if she will • participating in a Fa´ilte Ireland (formerly use all the resources available to her and to her CERT) course of at least one year’s Department to persuade the governing body of duration. UCD to reverse this decision (details • attending a full time Teagasc course in an supplied). [30434/06] agricultural college.

Minister for Education and Science (Ms • attending a recognised full-time further Hanafin): The position is that the universities are education course, of at least one year’s dur- autonomous institutions and my Department ation, in Northern Ireland. does not have any function in their day to day I have no plans at present to depart from the operational affairs. The universities receive a above practice in respect of allowances given. block grant from the Higher Education Authority and it is a matter for each institution to determine Psychological Service. how it is allocated internally. 455. Mr. Healy asked the Minister for Edu- cation and Science if she will reverse the decision Schools Building Projects. to withdraw the on-site National Educational 453. Mr. Deasy asked the Minister for Edu- Psychological Service from a school (details cation and Science if her attention has been supplied) in County Tipperary which has drawn to a proposal to establish an Irish language disadvantaged status. [30437/06] secondary school in Waterford; the status of the proposal to establish a school (details supplied); 456. Mr. Healy asked the Minister for Edu- if funds will be released to allow the school com- cation and Science the schools in South Tipperary mence operating in September 2007; and if she where the on-site National Educational Psycho- will make a statement on the matter. [30435/06] logical Service has been withdrawn; the reason for this withdrawal; and if she will make a state- Minister for Education and Science (Ms ment on the matter. [30438/06] Hanafin): I can confirm to the Deputy that the School Planning Section of the Department is in Minister for Education and Science (Ms receipt of an application to establish the school Hanafin): I propose to take Questions Nos. 455 in question. This is currently being assessed and and 456 together. School Planning Section will be meeting with the All primary and post primary schools have proposers shortly to discuss the matter. access to psychological assessments either directly through the National Educational Psychological Higher Education Grants. Service (NEPS) or through the Scheme for Com- missioning Psychological Assessments (SCPA), 454. Mr. McGuinness asked the Minister for full details of which are available on my Depart- Education and Science if she will amend the ment’s website. Schools that do not currently higher education grant scheme to allow consider- have NEPS psychologists assigned to them may ation of an allowance towards a family member avail of the SCPA, whereby the school can have who is a trainee or apprentice when an appli- an assessment carried out by a member of the cation is being made for a third level grant by panel of private psychologists approved by NEPS, another family member. [30436/06] and NEPS will pay the psychologist the fees for 1557 Questions— 3 October 2006. Written Answers 1558 this assessment directly. Details of this process The make up of further school bundles in my and the conditions that apply to the scheme are Department’s PPP school building programme available on my Department’s Website. The will be determined on such issues as the band rat- prioritisation of urgent cases for assessment is a ing allocated to each school in accordance with matter for the school principal in the first the published prioritisation criteria, site avail- instance. ability for each school, outline planning per- NEPS provides assistance to all schools and mission having being secured and the estimated school communities that experience critical inci- total cost of the proposed school bundle. Officials dents, regardless of whether or not they have a in the Property Management Section of my NEPS psychologist assigned to them. Also, in Department are actively pursuing the acquisition relation to all schools, NEPS processes appli- of a site for St Paul’s Secondary School, Monas- cations for Reasonable Accommodation in Cer- terevin, Co Kildare. The suitability of the site has tificate Examinations and responds to queries in been determined and it is hoped to shortly enter relation to individual children from other sections negotiations with the vendor for the acquisition of my Department and from the specialist agen- of this site. I will be announcing further PPP pro- cies. NEPS also provides a service to children ject bundles during the year and St Paul’s Sec- with visual impairment irrespective of the schools ondary School, Monasterevin and Kildare Town which they attend. Community School will be considered in this con- All schools in South Tipperary identified as text and in accordance with the published prior- disadvantaged under the DEIS policy of my itisation criteria. Department are in direct receipt of service from NEPS. The principal of the school to which the Weight of Schoolbags. Deputy refers may contact NEPS and advice will 459. Mr. O’Connor asked the Minister for Edu- be given in regard to the prioritisation of students cation and Science if she plans initiatives to for assessment under the Scheme for Com- respond to the much publicised problem of the missioning Psychological Assessments. heavy weight of schoolbags; and if she will make a statement on the matter. [30441/06] Schools Building Projects. 457. Mr. O´ Fearghaı´l asked the Minister for Minister for Education and Science (Ms Education and Science the progress that has been Hanafin): The Report of a working group to achieved to date by her Department, in acquiring examine potential problems caused by the weight a site for a new post primary school in Monaster- of schoolbags, which was presented in July, 1998, evin; if substantial progress has been achieved in acknowledged that many of the solutions belong the matter; when construction work might begin at local school level. One of the main recom- on the new school project; and if she will make a mendations of the report related to the need to statement on the matter. [30439/06] heighten the awareness of the potential health hazards posed by excessively heavy schoolbags. 458. Mr. O´ Fearghaı´l asked the Minister for In this regard, my Department initiated an Education and Science the progress that has been awareness-raising campaign by disseminating the achieved with regard to those school building report, with an accompanying circular, to all projects in County Kildare that have been primary and post-primary schools. included by her Department in the new public A further circular was issued in 2005, again private partnership programme; the next stages in highlighting the potential health hazard of heavy the process; when the schools will move on to schoolbags and outlining a range of local details design and construction stage; and if she measures that could be adopted in order to allevi- will make a statement on the matter. [30440/06] ate the problem. It is a matter for each individual school to choose those measures that would be Minister for Education and Science (Ms most suited to its individual needs. Hanafin): I propose to take Questions Nos. 457 My Department is aware that positive action and 458 together. has been taken by many schools. Actions taken I announced the first PPP project bundle con- by some schools consist of a range of measures, sisting of St. Mary’s CBS and Scoil Chrı´ost Rı´, including the provision of lockers, the arrange- Portlaoise, St. Rynagh’s Community College, ment of the timetable into double class periods, Banagher and Gallen Community School, Fer- active liaison with parents and the co-ordination bane on the 22nd November 2005. Pre-procure- of homework by subject teachers. ment work on this project bundle was recently Apart from a small number of prescribed texts completed in my Department and the bundle was at second level, mainly in the case of language offered to the market on the 27th September 2006 subjects, school textbooks are not approved or by the National Development Finance Agency prescribed by my Department at first or second (NDFA) who have responsibility for the procure- level. Decisions on which books to use are taken ment process. at school level. 1559 Questions— 3 October 2006. Written Answers 1560

[Ms Hanafin.] Higher Education Grants. The report of the Working Group was dissemi- 462. Cecilia Keaveney asked the Minister for nated by the Department to the Irish Educational Education and Science if a course not approved Publishers Association, and they were asked to by her Department can be funded in another include consideration of the weight of school jurisdiction where it can be provided; and if she texts in their deliberations and liaise with will make a statement on the matter. [30497/06] teachers on finding solutions to the problem. It should be pointed out that the Report did high- Minister for Education and Science (Ms light that both teachers and pupils favoured the Hanafin): The Third Level Student Support use of multi-level textbook production for ease of Schemes were extended to provide maintenance convenience and ease of access and cited a high grants to eligible students pursuing approved full- demand for them. time undergraduate courses of at least two years duration (pursued in a university or a third level Schools Building Projects. institution which is maintained or assisted by recurrent grants from public funds) in other EU 460. Mr. O’Connor asked the Minister for Edu- Member States with effect from the 1996/97 cation and Science if she will confirm that pro- academic year. The extension of the Schemes at gress is being made in respect of the need for that time did not include courses at postgraduate building works at a school (details supplied) in level and, accordingly, there is no grant aid avail- Dublin 6W; and if she will make a statement on able under the schemes for students pursuing the matter. [30442/06] postgraduate studies outside of Ireland. Any extension of the current arrangements to Minister for Education and Science (Ms provide for students pursuing postgraduate Hanafin): The building project for the school courses outside of Ireland could only be con- referred to by the Deputy is at an early stage of sidered in the light of available resources and architectural planning. My Department has other competing demands within the education recently received a Stage 2 submission from the sector. At present, there are no plans to expand School’s Design Team (Outline Sketch Scheme). the provisions in the grant schemes in relation to My Department will shortly arrange a meeting postgraduate study abroad. with the School Authorities and the Design Team However, Section 21 of the Finance Act 2000, in order to evaluate the submission. It is envis- as amended by Section 29 of the Finance Act aged that unless there are very exceptional cir- 2001, provides for the introduction of tax relief cumstances involved, the meeting will be for postgraduate tuition fees paid in colleges out- sufficient to authorise the project to progress to side of Ireland. This relief, which is available from the next stage of architectural planning. the tax year 2000/01 onwards, applies at the stan- dard rate of tax. Further details and conditions in A decision on which school building projects relation to this tax relief are available from Local will advance to tender and construction will be Tax Offices. considered in the context of the School Building and Modernisation Programme 2006-2010. 463. Mr. G. Murphy asked the Minister for Education and Science if there is grant aid or fin- School Transport. ancial assistance available to a person (details 461. Mr. Howlin asked the Minister for Edu- supplied); and if she will make a statement on the cation and Science if she will accept the recom- matter. [30514/06] mendation of the Transport Liaison Officer for Minister for Education and Science (Ms County Wexford and County Wexford Members Hanafin): If the Deputy provides more detailed on a cross-party basis to appoint a senior inspec- information in relation to the case the matter can tor to review and certify the catchment boundary be examined further. In general my Department areas in County Wexford which are acknow- does not provide funding towards the purchase of ledged to be inadequate and in need of clarifica- equipment for course work. tion; and if she will make a statement on the matter. [30469/06] Schools Building Projects. Minister of State at the Department of Edu- 464. Mr. Hayes asked the Minister for Edu- cation and Science (Miss de Valera): My Depart- cation and Science the situation regarding the ment has no plans to carry out a review of the provision of a new school building for a school catchment boundary areas in County Wexford. If (details supplied). [30515/06] the Deputy requires clarification on any specific transport issue, my Department will be pleased Minister for Education and Science (Ms Hanafin): The Property Management Section of to have the matter investigated. the Office of Public Works, which acts on behalf 1561 Questions— 3 October 2006. Written Answers 1562 of the Department in relation to site acquisitions 469. Ms Enright asked the Minister for Edu- generally, was requested to explore the possibility cation and Science the number of building pro- of acquiring a site for the school in question. Fol- jects awaiting progression which are assessed by lowing an advertisement seeking proposals in her Department as being of band four status; and relation to possible sites a number of responses if she will make a statement on the matter. were received. Six sites have been visited and [30554/06] their technical suitability as a location for the school was considered. 470. Ms Enright asked the Minister for Edu- Following this process, a site on the existing cation and Science the number of building pro- Tipperary Rural and Business Institute (TRBDI) jects awaiting progression which are assessed by campus emerged as the preferred option. This site her Department as being of band three status; is in the ownership of the Institute. and if she will make a statement on the The TRBDI, however, has proposed to the matter. [30555/06] Department that its campus be relocated to a large-scale technology park. Expressions of 471. Ms Enright asked the Minister for Edu- Interest were sought by TRBDI from the private cation and Science the number of building pro- sector to determine what exactly could be pro- jects awaiting progression which are assessed by vided at the technology park in exchange for the her Department as being of band two status; and Institute’s current property in Clonmel. The if she will make a statement on the matter. Expressions of Interest sought required the incor- [30556/06] poration of a suitable site for the school on the current campus or on an alternative site approved 472. Ms Enright asked the Minister for Edu- by the Department and the Office of Public cation and Science the number of building pro- Works. The Expressions of Interest received by jects awaiting progression which are assessed by TRBDI are currently being evaluated. her Department as being of band one status; and I want to assure the Deputy again that the per- if she will make a statement on the matter. manent accommodation needs of this school are [30557/06] being addressed and the provision of a permanent building for the school will be progressed in the Minister for Education and Science (Ms context of the School Buildings and Modernis- Hanafin): I propose to take Questions Nos. 465 ation Programme when a suitable site has been to 472, inclusive, together. acquired. As I indicated when publishing the various strands of the Departments Capital Programme 465. Ms Enright asked the Minister for Edu- for 2006, I intend to move through the School cation and Science the number of band four Building and Modernisation Programme in a building projects which will be given clearance to planned way over the next five years. This is pos- proceed further before the end of 2006; the sible with the availability of a \3.9bn multi-annual schools in question which will be prioritised; and capital funding envelope (primary, post-primary if she will make a statement on the matter. and third level) over that period to underpin a [30550/06] continuous programme of modernising school buildings. 466. Ms Enright asked the Minister for Edu- The Deputy will appreciate that this invest- cation and Science the number of band three ment must continue to be targeted using the pub- building projects which will be given clearance to lished prioritisation criteria. Details of projects to proceed further before the end of 2006; the move forward under the programme will be pub- schools in question which will be prioritised; and lished as and when they are ready to be advanced if she will make a statement on the matter. in the context of capital expenditure [30551/06] requirements. 467. Ms Enright asked the Minister for Edu- Special Educational Needs. cation and Science the number of band two build- ing projects which will be given clearance to pro- 473. Ms O’Sullivan asked the Minister for ceed further before the end of 2006; the schools Education and Science the reason for the long in question which will be prioritised; and if she delays being experienced by children in need and will make a statement on the matter. [30552/06] waiting for speech and language facilities; and the further reason there has not been extra personnel 468. Ms Enright asked the Minister for Edu- recruited to deal with the caseload. [30600/06] cation and Science the number of band one build- ing projects which will be given clearance to pro- Minister for Education and Science (Ms ceed further before the end of 2006; the schools Hanafin): I can confirm that there are currently in question which will be prioritised; and if she 58 special classes for children with specific speech will make a statement on the matter. [30553/06] and language disorder operating in primary 1563 Questions— 3 October 2006. Written Answers 1564

[Ms Hanafin.] international data on expenditure. Department of schools nationwide. These classes generally have Education and Science expenditure on education a pupil teacher ratio of 7:1. in Ireland in 2003, the reference year used in the The Deputy will be aware that the National latest ’Education at a Glance’ report, represented Council for Special Education (NCSE), through 4.9% of Gross National Income. This increased the local special educational needs organisers to 5.2% in 2005. (SENOs), is responsible for processing appli- The Deputies should also note that spending cations from primary and post primary schools by my Department on second level education for special needs supports, including applications increased by 17% between 2003 and 2005. In 2005 for the establishment of special classes. Responsi- \2.7 billion was spent on second-level education bility for enrolment to these classes rests with the — up from \2.3 billion in 2003 and \1.25 billion individual school authority. My Department will in 1997. These increases have allowed for major be in contact with the NCSE advising of the need progress to be made both in the staffing and in to ensure that there are sufficient specific speech the day-to-day funding of our schools. and language classes established to cater for the With regard to staffing, it should be noted that needs of all eligible children. there is now one teacher for every 13 students at The Deputy will also be aware that the pro- second level. vision of therapy services and the recruitment of Day to day funding for our schools has also therapists is a matter for the Health Services increased significantly in recent years. Since the Executive (HSE) and funding is provided to the financial year referred to in the OECD report — HSE for such purposes. The extent of service pro- 2003 — second-level schools have benefited from vided to these classes is a matter for the HSE. substantial increases in funding. The standard capitation grant of \266 per pupil in 2003 now Departmental Expenditure. stands at \298 per pupil from 1 January last. In 474. Ms O’Sullivan asked the Minister for addition, the support services grant for secondary Education and Science if she will ensure that the schools has been increased from \127 per pupil resourcing of second level schools here is in 2003 to \159 per pupil from January last. This increased on the forthcoming Estimates to at per capita grant is in addition to a range of equal- least the average OECD levels. [30601/06] isation grants of up to some \15,500 per school per annum that were also approved for voluntary 483. Mr. Connolly asked the Minister for Edu- secondary schools. cation and Science her views on the OECD This Government has dramatically increased Report Education at a Glance which placed investment in education in recent years. Ireland 29th out of 31 countries in terms of the However, it is simplistic to just say that increasing GDP proportion spent on education; the way in spending will result in better outcomes as evi- which she proposes to reverse the clear pattern denced by the relatively poor educational out- of educational under-spending inherent in the comes of some high spending countries. What we report; and if she will make a statement on the all wish to see is the resources targeted towards matter. [30800/06] education being used to best advantage at all levels. Minister for Education and Science (Ms Hanafin): I propose to take Questions Nos. 474 Schools Building Projects. and 483 together. I assume the Deputies are referring to Ireland’s 475. Mr. Haughey asked the Minister for Edu- expenditure on education as a proportion of cation and Science if she will sanction the exten- GDP. Deputies will be aware, given the distinc- sions of classrooms in schools (details supplied) tive structure of the Irish economy and specifi- in Dublin 3 in addition to the provision of new cally, the comparatively high proportion of our classrooms already agreed; and if she will make a GDP that is expatriated as profits of foreign statement on the matter. [30602/06] direct investment enterprises, Gross Domestic Product (GDP) is not a good indicator of the Minister for Education and Science (Ms relative resources available in the case of Ireland. Hanafin): A large scale extension project to For example, the difference in magnitude extend both of the schools in question to 12 between Ireland’s GDP and Gross National classrooms each is currently in architectural plan- Income (GNI) was 18% in 2003. This means that ning. School Planning Section has received no standardised expenditure data for Ireland would indication from the authorities of the schools that be higher if GNI (or GNP) were used instead of this will be insufficient to meet their long term GDP. For most OECD countries, however, the needs. If this is the case, they should make difference between GDP and GNI is negligible immediate contact with School Planning Section and the vast majority of other countries are quite so that their original applications for capital fund- happy to continue using GDP to standardise ing can be re-assessed. 1565 Questions— 3 October 2006. Written Answers 1566

476. Mr. Kehoe asked the Minister for Edu- 478. Mr. Wall asked the Minister for Edu- cation and Science if an application has been cation and Science her plans to overcome the received by her Department for a devolved grant serious problems being experienced by a school for a school (details supplied) in County Carlow; (details supplied) in County Kildare; and if she and when she expects to make a decision on will make a statement on the matter. [30747/06] same. [30603/06] Minister for Education and Science (Ms 484. Mr. Aylward asked the Minister for Edu- Hanafin): To meet increased demand for primary cation and Science when she will provide the school places in the area referred to by the required funding to carry out the outlined works Deputy, a Notice of Intention to apply for the at a school (details supplied) in County Carlow; recognition of a new primary school to commence and if she will make a statement on the operation next September has been submitted to matter. [30851/06] the New Schools Advisory Committee (NSAC). As with all such applications, a full application Minister for Education and Science (Ms must be submitted to the NSAC no later than Hanafin): I propose to take Questions Nos. 476 31st of January 2007 and, following the NSAC’s and 484 together. report to me in the matter, I expect to announce I am pleased to inform the Deputies that fund- my decision in mid-April of 2007. ing for the installation of a sewerage supply system and site boundary works for the school in Higher Education Grants. question was sanctioned by my Department on 13th of July 2006. 479. Mr. O’Dowd asked the Minister for Edu- An application for the provision of additional cation and Science if a person (details supplied) accommodation has been assessed in accordance in County Louth will be assisted in any way; and with the published prioritisation criteria for large if she will make a statement on the matter. scale building projects and progress on the pro- [30715/06] posed works is being considered in the context of the School Building and Modernisation Prog- Minister for Education and Science (Ms ramme from 2006 onwards. In the meantime Hanafin): The decision on eligibility for third funding has been approved for the school for the level grants and the issue of grant awards is a rental of temporary accommodation to meet its matter for the relevant local authority or VEC. immediate needs. These bodies do not refer individual applications to my Department except, in exceptional cases, 477. Mr. Stanton asked the Minister for Edu- where, for example, advice or instruction regard- cation and Science if her attention has been ing a particular clause in the relevant scheme is drawn to the increasing numbers in a primary desired. It appears that no such advice or instruc- school (details supplied) in east Cork; the con- tion has, to date, been sought in the case of the sideration she has given to construct a permanent student, referred to by the Deputy. extension to the school to accommodate the growth in pupil numbers; and if she will make a Schools Amalgamation. statement on the matter. [30689/06] 480. Mr. Healy-Rae asked the Minister for Minister for Education and Science (Ms Education and Science if, in relation to a school Hanafin): In order to address the short term (details supplied) in County Kerry, she will meet accommodation needs of the school referred to a small deputation with a view to keeping the by the Deputy, my Department gave approval to school open; and if she will make a statement on the school authority to rent a portakabin for use the matter. [30716/06] as a mainstream classroom earlier this year. My Department is in receipt of an application for Minister for Education and Science (Ms capital funding towards the provision of a perma- Hanafin): Agreement was reached some years nent extension at the school. An assessment of ago, between the authority of the school referred projected enrolments, demographic trends and to by the Deputy and the authorities of two other housing developments in the area is underway in schools in the area to amalgamate. A new school order to inform the determination of the long to provide accommodation for the amalgamated term projected staffing on which the school’s long school is currently under construction to cater for term accommodation needs will be based. When a mainstream staffing of P+8. As the final this assessment is completed a decision will then decision on amalgamation of schools rests with be taken on how best to provide the required the Patron of those schools, subject only to my accommodation. The project will be then con- approval, it would be more appropriate for the sidered in the context of the School Building and Board to take the matter up with the Patron in Modernisation Programme 2006-2010. this instance. 1567 Questions— 3 October 2006. Written Answers 1568

Special Educational Needs. school and parents, where appropriate, and will at the end of the process outline the basis on 481. Mr. Hayes asked the Minister for Edu- which the decision was made. cation and Science when all facilities will be in In addition, my Department’s Teacher Edu- place for a first year student (details supplied) in cation Section has developed a strategy designed County Tipperary who is visually impaired. to meet the continuing professional development [30798/06] needs of personnel working with children with special educational needs. This involves a major Minister for Education and Science (Ms expansion of the range of post-graduate pro- Hanafin): My Department provides a range of fessional training programmes available to supports to second level school management to teachers in the special needs area and the ongoing enable schools to cater for pupils with special development of the Special Education Support educational needs including children with visual Service (SESS) to support schools staff locally. impairment. The supports in question include My Department also provides a Visiting Teacher remedial and additional teaching support, special service to support the needs of blind and visually needs assistant support and funding for the pur- impaired students in primary and post-primary chase of specialised equipment. schools. The precise model of provision made available Visiting Teachers provide assistance in the edu- at second level will depend on the assessed needs cational planning and monitoring of educational of the pupils involved. Some pupils are capable progress of pupils. They provide a link between of attending ordinary classes on an integrated home and school and play a part in the successful basis with additional teacher and/or special needs transition from primary through to secondary assistant support. In other cases, placement in level schooling. special dedicated classes or units attached to the The NCSE has confirmed that the pupil to school may be the more appropriate response. whom the Deputy refers has been granted 3 hours Such special classes operate at significantly additional teaching support per week and has reduced pupil teacher ratios. Pupils attached to shared access to a full time Special Needs Assist- these special classes may be facilitated in ant for the 2006/07 school year. The NCSE has attending ordinary subject classes on an inte- also advised that an application for assistive tech- grated basis wherever possible. nology in the form of a laptop with specialised With effect from 1 January 2005, the National software has also been approved for this pupil. Council for Special Education (NCSE) has taken My Department will continue to ensure that over key functions from my Department in the necessary resources are made available for relation to special educational provision. The the education of children with special needs. I am NCSE was formally established as an indepen- confident that the advent of the NCSE will prove dent statutory body on the 1st October 2005 of major benefit in ensuring that all children with under the Education for Persons with Special special educational needs receive the support Educational Needs Act 2005. The Council acts they require. under the broad policy direction of my Depart- ment but has the resources and the remit to play 482. Mr. Noonan asked the Minister for Edu- the leading role in the delivery of education cation and Science if the number of hours of services to children with disabilities/special needs. resource teaching allocated to a person (details The NCSE co-ordinates with the health supplied) in County Limerick will be increased services, schools and other relevant bodies from three and a half hours per week to five regarding the provision of education and related hours per week, in view of the fact that they have support services to children with a severe disability; and if she will make a state- disabilities/special needs. The responsibilities of ment on the matter. [30799/06] the NCSE include the following: deciding on applications for additional teaching support in Minister for Education and Science (Ms respect of children with disabilities with special Hanafin): The Deputy will be aware that the educational needs at second level; deciding on National Council for Special Education (NCSE), applications for special needs assistant (SNA) through the local special educational needs hours; processing applications for school place- organisers (SENOs), is responsible for processing ment in respect of children with disabilities with applications for special educational needs (SEN) special education needs. supports from primary and post primary schools. Under the new arrangements, the Council, The teaching and special needs assistant (SNA) through the local Special Educational Needs support allocated are intended to enable schools Organiser (SENO) will process the relevant to meet the needs of pupils as outlined in psycho- application for resources and inform the school logical and other professional reports. In allocat- of the outcome. It is important to note that in the ing SEN supports for individual pupils, the case of decisions on additional teaching and SNA SENOs examine the teaching and other resources support, the SENO will outline the process to the available within the individual schools. The 1569 Questions— 3 October 2006. Written Answers 1570

SENO also operates within the parameters of my the grants to any particular pay scale and is flex- Department’s criteria for the allocation of such ible by nature, giving Boards of management resources. discretion as to the manner in which secretarial I can confirm that the school in question has and caretaking services are provided. The amount been allocated 3.5 hours resource teaching per of grant paid to an individual school is deter- week together with full time SNA support for this mined by the enrolment in the school. The stan- pupil. My officials have been advised that the dard rate of grant was increased from \133 per SENO received an application for an increase in pupil in 2005 to \139 per pupil in 2006. The level resource teaching hours to 5 hours per week in and extent of services provided is a matter for respect of the pupil. I understand that the appli- the school authorities who, through the discretion cation was refused in May 2006 because relevant afforded by the scheme, apply diverse arrange- documentation including professional reports ments for secretarial and caretaking services as were not received. resources permit. It is a matter for each individual The NCSE will review decisions previously school, to decide how best to apply the funding taken in relation to such cases on foot of a to suit a school’s particular needs. request from the school or parents/guardians, I do not propose to change the basis on which when accompanied by relevant additional infor- the Ancillary Services Grant is paid. However, mation that may not have been available at the the question of increasing the rate of grant in the time of the decision. The NCSE has outlined this future will be considered in the context of avail- process in its Circular 01/05, which has issued to able resources and priorities within the edu- all primary schools. I am informed that the local cation sector. SENO has been in contact with the school princi- pal recently regarding the matter and will review the position on receipt of relevant docu- Special Educational Needs. mentation. 486. Mr. Ring asked the Minister for Education and Science if there is help or assistance available Question No. 483 answered with Question to parents whose children are availing of extra No. 474. tuition in view of the fact that this tuition should be provided by her Department; if there is grant Question No. 484 answered with Question aid available for them; and the help which is No. 476. available for parents whose children have dys- lexia. [30854/06] School Services Staff. 485. Mr. Bruton asked the Minister for Edu- Minister for Education and Science (Ms cation and Science her views on altering the fund- Hanafin): The Deputy will be aware of the signifi- ing arrangements of the employment of part-tine cant initiative for allocating resource teachers secretaries in schools, in order that the drop in that I introduced in primary schools in September enrolment numbers would not result in a 2005 to ensure that schools have the teaching reduction in the money available to a school to resources in place to provide support teaching for employ their secretary, bearing in mind that it is all pupils with high-incidence special educational Government policy to reduce class size and with needs, including dyslexia, who may enrol in their it the maximum number of pupils in a school of school. My Department also provides funding to a given number of classrooms; and if she will the Dyslexia Association to facilitate the oper- make a statement on the matter. [30853/06] ation of dyslexia workshops. This funding helps the organisation operate an information service Minister for Education and Science (Ms for members and the public. In addition, part of Hanafin): My Department provides funding towards the cost of secretarial and caretaking the funding assists in meeting the costs associated services in primary schools under two separate with the attendance of some children from schemes. One scheme is the 1978/79 scheme for disadvantaged backgrounds at workshops and the employment of full-time secretaries and care- programmes organised by the association. takers in primary schools, under which my The Deputy may be aware that my Department Department meets the full cost of salary. This has developed an information resource pack on scheme is being phased out as posts become vac- dyslexia in CD-Rom, DVD and video format, in ant and no new posts are being created. This association with the Department of Education in scheme has been superseded by a more extensive Northern Ireland. This product has been made grant scheme now referred to as the Ancillary available to all primary and post-primary schools. Services grant. The DVD and video provides support for parents The Ancillary Services grant provides of pupils with dyslexia while the CD-Rom assists additional funding for primary schools towards teachers who are teaching children with dyslexia the cost of secretarial and caretaking services. in the mainstream classroom. My Department The scheme does not provide for the linking of will continue to prioritise educational provision 1571 Questions— 3 October 2006. Written Answers 1572

[Ms Hanafin.] regularly. Bus E´ ireann are responsible for the for children with special educational needs, day-to-day operation of the School Transport including children with dyslexia. scheme, including route planning. Routes are planned so that, as far as possible, no eligible Higher Education Grants. child will have more than 2.4 kilometres to travel to a pick-up-point. Home pick-ups were never 487. Mr. Crawford asked the Minister for Edu- envisaged as part of the Primary School Trans- cation and Science if she is satisfied that a person port Scheme. (details supplied) who had to leave college with- The pupils from the area referred to in the out finishing the first year in 1999, having details supplied reside between 0.5 and 2.1 kilo- received no grant aid, should now be refused grant aid for a PLC course; if the situation will be metres from the pick-up point. This is considered re-examined; her views on whether this is a long to be a reasonable level of service in the context term loss to the person and the State. [30879/06] of the general operation of the scheme. As the families are eligible for school transport to the Minister for Education and Science (Ms school referred to in the details supplied, they ´ Hanafin): I understand that the student referred should make enquiries at their local Bus Eireann to by the Deputy pursued a secretarial course in Office regarding the cost of an extension of the 1999, but did not complete the course, and now service and the conditions attached to the pro- hopes to return to a Beauty Therapy course at vision of a pick-up-point nearer to their homes. the same level. Clause 6.3.6 of the 2006 PLC Scheme states: School Staffing. Grants may not be paid in respect of a 489. Mr. Gilmore asked the Minister for Edu- second period of attendance at the same level cation and Science if it is intended to sanction the for a course approved for the purposes of this appointment of an additional teacher to a school scheme, irrespective of whether or not a grant (details supplied) in County Donegal. [30993/06] was paid previously. The Vocational Education Committee will have discretion to waive this Minister for Education and Science (Ms provision in exceptional circumstances such as Hanafin): The staffing of a primary school for a certified serious illness. particular school year is determined by reference to the enrolment of the school on the 30th Therefore as the student referred to by the September of the previous school year and by ref- Deputy hopes to pursue a course in 2006 of the erence to a staffing schedule. This staffing sched- same level she pursued in 1999 she is not eligible ule for the 2006/07 school year is outlined in to be assessed under the terms of the PLC Primary Circular 0023/2006 which was issued to Scheme in respect of her intended course. Gener- all primary schools. Based on an enrolment of 5 ally speaking students are eligible to be con- pupils on the 30th September 2005, as submitted sidered for grant assistance in respect of only one by the Board of Management, the staffing for the PLC Course. Clause 3.2 of the PLC Scheme sets 2006/2007 school year will be a Principal. out the circumstances under which grant assist- ance may be awarded in respect of subsequent To ensure openness and transparency in the study at PLC Level — i.e where a candidate system an independent Appeal Board is now in already holds a qualification no higher than Fetac place to decide on any staffing appeals. The Level 5 and are now pursuing a course that offers criteria under which an appeal can be made are progression he or she may be deemed eligible for set out in Department Primary Circular grant aid. It is not open to me, or to my Depart- 0024/2006. The staffing of the school for the ment, to depart from the terms of the schemes in 2006/2007 school year was considered by the individual cases. Appeal Board on 25th May, 2006. The Board, having considered the appeal with regard to the School Transport. criteria outlined in Circular 0024/2006, was satis- fied that a departure from the staffing schedule is 488. Mr. Gilmore asked the Minister for Edu- not warranted in this case. The Board of Manage- cation and Science the position in relation to the ment of the school was notified in writing of the provision of school transport to a number of chil- decision of the Appeal Board on 26th May, 2006. dren who are pupils at a school (details supplied) in County Donegal. [30992/06] Educational Services. Minister of State at the Department of Edu- 490. Ms O’Sullivan asked the Minister for Edu- cation and Science (Miss de Valera): One of the cation and Science her views on allowing asylum main objects of the School Transport Scheme is seekers to enrol for PLC courses where there a to provide a basic level of service for children places available and where they are appropriately who live long distances from school and who qualified; and if she will make a statement on the might otherwise experience difficulty in attending matter. [30996/06] 1573 Questions— 3 October 2006. Written Answers 1574

Minister of State at the Department of Edu- since 2000; and if she will make a statement on cation and Science (Miss de Valera): Non Irish the matter. [31029/06] nationals in the following categories are entitled to free access to PLC courses: EU nationals; per- Minister for Education and Science (Ms sons who have refugee status in Ireland; persons Hanafin): I propose to take Questions Nos. 493 in the State as the spouse of an EU national, and 494 together. where the EU national has moved from one My Department’s policy is that children who country to another within the EU to work; per- meet the eligibility criteria for special sons (including their spouse and children) who class/special school placement should be provided have been granted leave to remain in the State with transport under the school transport scheme. on humanitarian grounds; persons who have per- My Department does not retain the specific infor- mission to remain in the State as the parents of a mation requested by the Deputy concerning the child born in Ireland; and applicants for asylum number of children attending specialist language who have been granted permission to work under classes who were in receipt of travel or other the terms of a government decision of 26 July assistance for each school year since 2000. 1999. The above categories must be treated on the Psychological Service. same basis as Irish nationals. Asylum seekers who do not have an entitlement to work are entitled 495. Mr. Connolly asked the Minister for Edu- to free access to adult literacy, English language cation and Science the plans she has to address and mother culture supports only. I have no plans the shortfall of approximately 33% in the number to change the eligibility requirements at this time. of psychologists in the National Psychological Service; her views on the disadvantage at which children are placed by this shortfall in certain Special Educational Needs. regions, such as the midwest, south and east of 491. Ms Enright asked the Minister for Edu- the country; and if she will make a statement on cation and Science the number of children with a the matter. [31030/06] speech or language disorder attending specialist language classes, itemised on a county basis; and Minister for Education and Science (Ms if she will make a statement on the matter. Hanafin): Since the establishment of my Depart- [31026/06] ment’s National Educational Psychological Service (NEPS) in 1999, the number of psychol- 492. Ms Enright asked the Minister for Edu- ogists in the NEPS has increased from 43 to 123 cation and Science the number of specialist langu- at present. The Public Appointments Service age classes which are currently in place at both completed a recruitment competition for the primary and secondary school level, itemised on appointment of Educational Psychologists to a county basis; and if she will make a statement NEPS last year. Regional panels have been estab- on the matter. [31027/06] lished to allow my Department give greater priority in filling vacancies to areas with the Minister for Education and Science (Ms greatest need. To date, my Department has Hanafin): I propose to take Questions Nos. 491 appointed seven (7) new psychologists, 4 of whom and 492 together. have been appointed to the Mid West region, two I can confirm to the Deputy that there are cur- (2) to the Eastern region (south west area) and rently 58 special classes for children with specific one (1) to the South East region. Four (4) psy- speech and language disorder in primary schools chologists have been assigned to the newly estab- nationwide catering for approximately 400 chil- lished National Behaviour Support Service and dren. There are currently no such classes at post these four psychologists will be replaced by four primary level. The classes generally operate at a additional appointments from the panel of the pupil teacher ratio of 7:1. I will arrange to send a last competition. It is expected that additional list of these classes directly to the Deputy. psychologists will be appointed in the coming months. 493. Ms Enright asked the Minister for Edu- All primary and post primary schools have cation and Science the regulations which govern access to psychological assessments either directly the allocation of travel or other assistance to chil- through the National Educational Psychological dren or young people attending specialist langu- Service (NEPS) or through the Scheme for Com- age classes; and if she will make a statement on missioning Psychological Assessments (SCPA) the matter. [31028/06] that is administered by NEPS and full details of which are available on my Department’s website. 494. Ms Enright asked the Minister for Edu- In addition, NEPS provides a service to every cation and Science the number of those attending school in the event of a critical incident regardless specialist language classes who were in receipt of of whether the school already has a dedicated travel or other assistance for each school year service from a NEPS psychologist. Also in 1575 Questions— 3 October 2006. Written Answers 1576

[Ms Hanafin.] Minister for Education and Science (Ms relation to all schools, NEPS processes appli- Hanafin): The information requested by the cations for Reasonable Accommodations in Cer- Deputy is as follows: tificate Examinations and responds to queries Number of pupils in Primary Schools in and requests for assessments in relation to indi- Kildare: 22,458. vidual children from other sections of my Depart- ment and from the specialist agencies. Number of teachers employed in Primary Schools in Kildare: 1,223. Special Educational Needs. Number of Special Needs Assistants in 496. Mr. Wall asked the Minister for Edu- Primary Schools in Kildare: 251 full-time and 42 part-time. cation and Science the reasons a person (details supplied) in County Kildare has not received The above figures are in respect of the 2005/2006 recommended teaching and resource training; school year, the most recent year for which fig- and if she will make a statement on the ures are available. Part-time teachers are matter. [31031/06] excluded.

498. Mr. Wall asked the Minister for Education Questions Nos. 498 and 499 answered with and Science the position regarding the provision Question No. 496. of proper classroom facilities to meet the demands of children with unilateral hearing loss School Transport. (details supplied); and if she will make a state- 500. Mr. P. Breen asked the Minister for Edu- ment on the matter. [31033/06] cation and Science the reason school transport has not been provided to a student (details 499. Mr. Wall asked the Minister for Education supplied) in County Clare; and if she will make a and Science the arrangements made to address statement on the matter. [31035/06] the problems of a person (details supplied) in County Kildare; when will the necessary arrange- Minister of State at the Department of Edu- ments be put in place; and if she will make a cation and Science (Miss de Valera): My Depart- statement on the matter. [31034/06] ment has requested a report from the Transport Liasion Officer for County Clare who is respon- Minister for Education and Science (Ms sible for the day to day administration of the Post Hanafin): I propose to take Questions Nos. 496, Primary School Transport Scheme at local level. 498 and 499 together. When the report is received and considered, my The Deputy will be aware that the National Department will advise the family of the position. Council for Special Education (NCSE), through the local special educational needs organisers 501. Mr. P. Breen asked the Minister for Edu- (SENOs), is responsible for processing appli- cation and Science the reason school transport has not been provided to a student (details cations for special educational needs (SEN) sup- supplied) in County Clare; and if she will make a ports from primary and post-primary schools. statement on the matter. [31036/06] I am informed by the NCSE that a parent of the pupil referred to by the Deputy has been in Minister of State at the Department of Edu- contact with the local SENO regarding SEN sup- cation and Science (Miss de Valera): My Depart- ports. In order to process the application, it is ment has requested a report from the Transport necessary for the school to apply for these sup- Liasion Officer for County Clare who is respon- ports. I understand that such an application has sible for the day to day administration of the Post yet to be received. On receipt of a request from Primary School Transport Scheme at local level. the school, the SENO will consider the appli- When the report is received and considered, my cation and will inform the school authorities Department will advise the family of the position. directly of the outcome. 502. Mr. P. Breen asked the Minister for Edu- School Staffing. cation and Science the reason school transport has not been provided to a student (details 497. Ms C. Murphy asked the Minister for Edu- supplied) in County Clare; and if she will make a cation and Science the number of children cur- statement on the matter. [31037/06] rently enrolled in Kildare primary schools; the number of teachers employed in Kildare primary Minister of State at the Department of Edu- schools; the number of special needs assistants cation and Science (Miss de Valera): My Depart- currently employed in Kildare primary schools; ment has requested a report from the Transport and if she will make a statement on the Liasion Officer for County Clare who is respon- matter. [31032/06] sible for the day to day administration of the Post 1577 Questions— 3 October 2006. Written Answers 1578

Primary School Transport Scheme at local level. the report’s recommendations and to work in When the report is received and considered, my close co-operation with the Department of Department will advise the family of the position. Health and Children and the Health Services Executive in implementing the remaining pro- Site Acquisitions. visions of the two Acts. 503. Mr. P. Breen asked the Minister for Edu- Overseas Missions. cation and Science further to Parliamentary Question No. 490 of 27 June 2006, if progress has 505. Mr. Connolly asked the Minister for been made with a suitable site for a school Defence the circumstances in which Irish UN (details supplied) in County Limerick; if the peacekeepers would be sent to the Lebanon; and Office of Public Works have received the map of if he will make a statement on the matter. the specific area within the suitable parcel that is [30810/06] offered for sale; and if she will make a statement on the matter. [31038/06] Minister for Defence (Mr. O’Dea): The con- ditions, under which the Defence Forces may par- Minister for Education and Science (Ms ticipate on overseas peace support operations Hanafin): The Property Management Section of have been made very clear by the Government. the Office of Public Works which acts on behalf In this regard, the conditions, which have been of my Department in relation to site acquisitions referred to as the “triple lock”, must be satis- generally has been requested to source a site for fied, i.e., the school in question. The OPW has liaised with • the operation must be the Planning Department of Limerick County authorized/mandated by the United Council in connection with one potential site Nations; option. I understand from OPW that the feed- back from the Planning Department on that site • it must be approved by the Government; has been negative. Simultaneously, the OPW is in • and it must be approved by way of a resol- active negotiations on an alternative potential site ution of Da´il E´ ireann. option. On completion of the site acquisition, the project will be considered in the context of the Requests from the UN for Irish participation in School Building and Modernisation Programme new missions are dealt with under the United 2006 -2010. Nations Stand-by Arrangement System (UNSAS) on a case-by-case basis. The factors which inform Special Educational Needs. the Government’s consideration of each such request include the following: 504. Mr. Stanton asked the Minister for Edu- cation and Science with regard to the provisions • An assessment of whether a peacekeeping in Part 2 of the Disability Act 2005 dealing with operation is the most appropriate response assessment of need and statement of services, if • Consideration of how the mission relates to the plan being drawn up by the National Council the priorities of Irish foreign policy. for Special Education regarding implementation of Part 2 in tandem with the implementation of • The degree of risk involved. the Education for Persons with Special Edu- • The extent to which the required skills or cational Needs Act 2004 has been completed; and characteristics relate to Irish capabilities. if she will make a statement on the matter. • The existence of realistic objectives and a [31096/06] clear mandate, which has the potential to Minister for Education and Science (Ms contribute to a political solution. Hanafin): Section 23 of the Education for Persons • Whether the operation is adequately with Special Educational Needs Act 2004 pro- resourced. vides that the National Council for Special Edu- • The level of existing commitments to cation must make a report to the Minister out- peacekeeping operations and security lining the steps that must be taken in order that requirements at home. the provisions of the 2004 Act will be fully implemented within the period specified in the While there are risks attaching to any peace- report. While there is a high degree of consist- keeping operation, a key aspect and the primary ency and complementarity between the Special concern in relation to participation in any mission Needs Act and Part 2 of the Disability Act, and is the safety and security of Defence Forces per- the Council is conferred with functions under sonnel. For this reason, a detailed reconnaissance both Acts, the report is required only to refer to and risk assessment is undertaken prior to the the implementation of the 2004 Act. deployment of a contingent and the results are The National Council has completed its delib- considered and evaluated prior to a final decision erations and I have asked my officials to examine to deploy. 1579 Questions— 3 October 2006. Written Answers 1580

[Mr. O’Dea.] tain public or commercial buildings. These On 30 August, 2006, the Government approved exemptions specifically exclude attaching the despatch of members of the Defence Forces antennae to existing structures such as edu- on a fact-finding and reconnaissance missions in cational facilities, childcare facilities and connection with the Defence Forces possible par- hospitals. These Regulations were the subject of ticipation in the United Nations Interim Force in extensive debate in the Joint Oireachtas Commit- Lebanon (UNIFIL), which was originally estab- tee on the Environment and Local Government, lished in March 1978. Following the July/August and were subsequently approved by both Houses 2006 crisis, the UN Security Council extended the of the Oireachtas. It is a matter for each local mandate of UNIFIL to the end of August 2007 authority to ensure that developments permitted under UN Security Council Resolution 1701 in their area conform to these standards. (2006) of 11 August, 2006. Following the Oireachtas Joint Committee on There have been in-depth discussions between Communications, Marine and Natural Resources the Defence Forces and their Finnish counter- Report on Non-ionising radiation from mobile parts, including a joint reconnaissance to phone handsets and masts of June 2005, an inter- Lebanon, concerning the possible deployment to departmental advisory committee and an expert UNIFIL of Irish personnel as part of a joint Finn- group, working to the committee, has been estab- ish-Irish unit, the details of which unit are still lished to provide advice on the appropriate action being worked out. to be taken on foot of the recommendations con- tained in the Oireachtas Committee report. The Communications Masts. work of the committee and expert group is in train and I expect it to be finalised by the end 506. Mr. Connolly asked the Minister for the of 2006, following which appropriate action will Environment, Heritage and Local Government be addressed. the criteria for the erection of mobile communi- cations masts in the vicinity of schools; and if he will make a statement on the matter. [30797/06] Water and Sewerage Schemes. 507. Mr. O´ Fearghaı´l asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): In general, plan- the present situation with regard to the new ning permission must be sought for the erection sewerage treatment system for Kildare Town; if of an antenna support structure or mast. In July his Department has approved all stages of the 1996 my Department issued Guidelines for Plan- proposed development; the expected timescale ning Authorities on Telecommunications for the completion of the project; and if he will Antennae and Support Structures. Their purpose make a statement on the matter. [30443/06] was to assist planning authorities, An Bord Pleana´la, operators of mobile telecommunica- Minister for the Environment, Heritage and tions services and the general public by providing Local Government (Mr. Roche): The Kildare guidance on dealing with telecommunications Town Sewerage has been approved for funding masts and base stations within the planning under my Department’s Water Services Invest- system. ment Programme 2005-2007. My Department is The Guidelines advise that “in the vicinity of currently examining Kildare County Council’s larger towns and city suburbs operators should Preliminary, Public Private Partnership Applica- endeavour to locate in industrial areas or in bility and Water Services Pricing Policy Reports industrially zoned land”. They advise that “only for the scheme and a decision will be conveyed as a last resort should free-standing masts be to the Council as quickly as possible. While the located within or in the immediate surrounds of Council has already submitted contract docu- smaller towns or villages” and also that “only as ments for the upgrading of the sewerage collec- a last resort should free standing masts be located tion network, my Department must complete its in a residential area or beside schools”. Planning appraisal of the scheme as a whole before author- authorities must have regard to the Guidelines in ising the invitation of tenders Council for all or considering applications for permission for new part of the scheme. masts in their areas. The Planning and Development Regulations Social and Affordable Housing. 2001 set out certain limited exemptions for tele- communications infrastructure and equipment. 508. Mr. O´ Fearghaı´l asked the Minister for the These include subject to certain conditions, the Environment, Heritage and Local Government if attachment of additional antennae to an existing his Department has received proposals from antenna support structures, the replacement of an Kildare County Council, for a social housing existing antenna support structure and the attach- development at Coolaghknock Glebe, Kildare ment of antennae to certain existing structures, town; if he will approve the necessary funding to such as telegraph poles, electricity pylons and cer- allow the project to commence as soon as pos- 1581 Questions— 3 October 2006. Written Answers 1582 sible; and if he will make a statement on the The EU Civil Protection Mechanism provides matter. [30444/06] for interventions both inside and outside the European Union following a request for assist- Minister of State at the Department of the ance (personnel, equipment and/or supplies) Environment, Heritage and Local Government from a country where the domestic emergency (Mr. N. Ahern): My Department gave approval services are unable to cope in the aftermath of a to Kildare County Council to accept a tender for major natural or man-made disaster. Under the the construction of social housing at Coolagh- Mechanism, when a request for assistance is knock Glebe in Kildare town in December, 2005. received at the EU Monitoring and Information There were some outstanding issues to be Centre (MIC), this request is transmitted to all of resolved relating to the overall budget cost for the participating states and offers of assistance the scheme. However, the Department con- are co-ordinated by the MIC and relayed to the sidered that these should not be critical to the requesting country. The requesting country then Council commencing work on site. Following decides which offers (or elements of offers) to further discussions and correspondence with the accept. Council the Department approved an amended Ireland participates fully in the EU Civil Pro- budget cost for the scheme in August 2006. It is tection Mechanism. When a request for assistance now understood from the Council that a contract is received by my Department from the MIC, it is will be signed for the work in the next two weeks. examined in consultation with other Government Departments and relevant agencies and a Local Authority Housing. decision is made on whether an offer of assistance can be made. Participation in the Mechanism fol- 509. Mr. O’Connor asked the Minister for the Environment, Heritage and Local Government if lowing a request for assistance is voluntary and he will confirm that he is considering a new does not involve any prior commitment, financial scheme of letting priorities submitted to him by or otherwise. South Dublin County Council which would Ireland is committed to relevant training prog- include an initiative in respect of older persons; rammes, exercises and expert exchanges in the and if he will make a statement on the matter. field of Civil Protection. Eight Irish nominees [30445/06] have undertaken civil protection training courses to date. The courses in question are the Com- Minister of State at the Department of the munity Mechanism Induction Course, the Oper- Environment, Heritage and Local Government ational Management Course and the High Level (Mr. N. Ahern): South Dublin County Council Co-ordination Course. These training courses are has submitted a revised scheme of letting priori- essentially directed at team leaders and incident ties for approval to my Department. Following assessors. discussions and correspondence between the The Leonardo da Vinci II programme is the Department and the Council on the contents of EU’s Vocational Training Programme; it has no the revised scheme, it is expected that a decision direct relevance to the operation of the Civil Pro- will be conveyed to the Council shortly. tection Mechanism. My Department has not applied for funding under this programme. Civil Protection Mechanism. Property Inspection System. 510. Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Govern- 512. Ms O. Mitchell asked the Minister for the ment if funding has been made available to Environment, Heritage and Local Government ensure meeting Ireland’s commitment to the EU the process which is being put in place for the civil protection mechanism; what the mechanism inspection of properties to establish their entails; and if he will report on the matter. efficiency rating; and the way in which it is envis- [30490/06] aged that the inspection system will be moni- tored. [30492/06] 511. Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Govern- Minister for the Environment, Heritage and ment if EU funding has been applied for, includ- Local Government (Mr. Roche): In accordance ing from the Leonardo Da Vinci fund, to ensure with the EU Energy Performance of Buildings that Irish emergency personnel are adequately Directive-EPBD (2002/91/EC of 16 December trained to fulfil Ireland’s commitment to the EU’s 2002), Building Energy Rating (BER) will be civil protection mechanism; and if he will report required for newly constructed buildings and for on the matter. [30491/06] existing buildings when sold or let. BER will become mandatory, on a phased basis, over the Minister for the Environment, Heritage and period 2007-2009. Local Government (Mr. Roche): I propose to BER will be required for new dwellings com- take Questions Nos. 510 and 511 together. mencing on or after 1 January 2007. To avoid dis- 1583 Questions— 3 October 2006. Written Answers 1584

[Mr. Roche.] are intended to assist with works, which provide ruption of the house-building programme, there additional or adapted accommodation in private will a transitional exemption from BER of new houses. dwellings for which planning permission was The Disabled Persons Grant, which is adminis- applied for on or before 30 June 2006, provided tered by the local authorities, is available for the the new dwellings involved are substantially com- provision of additional accommodation or the pleted by 30 June 2008. carrying out of works of adaptation, which are BER will be issued by registered assessors who necessary to make a house more suitable for a have successfully completed a training prog- disabled member of the household. The scheme ramme that: is increasingly used to address the age related mobility issues of older persons. The types of (a) meet the requirements of a Training work allowable under the scheme are the pro- Specification to be published this week and as vision of access ramps, downstairs toilet facilities, proposed in the EPBD Action Plan; and stairlifts, accessible showers, adaptations to facili- (b) has been validated by a national tate wheelchair access, extensions etc. accreditation body e.g. Further Education and The essential repairs grant, which is adminis- Training Awards Council (FETAC), Higher tered by the local authorities, enables people in Education and Training Awards Council houses, which cannot be made habitable in all (HETAC). respects at a reasonable cost, to have basic repairs carried out to them. The scheme is directed pri- A comprehensive Quality Assurance (QA) marily at older persons and is intended to facili- system is being put in place, which will involve tate having those conditions improved sufficiently quality control of calculation procedures, to allow them to remain in their homes for their software validation, error detection, auditing of lifetime and to avoid having to move to a differ- assessors and ratings etc. ent area or to be rehoused by the local authority. The Special Housing Aid for the Elderly Local Authority Housing. Scheme operates under the aegis of my Depart- 513. Mr. Durkan asked the Minister for the ment and is administered by Health Service Environment, Heritage and Local Government if Executives. Aid is available under the scheme for instructions were issued to local authorities to the necessary repairs to make a dwelling habitable effect that the allocation of existing local auth- for the lifetime of the occupant. Works generally ority houses which already have solid fuel cook- extend to the repair or replacement of external ers but no central heating are required to retain doors and windows, gutters, replacement of miss- such coolers in their present location within the ing or loose roof tiles, dry lining/damp proofing house in the event of the new tenant wishing to of rooms, such as a bedroom or living room per- avail of gas central heating; and if he will make a sistently in use, replacement of defective electri- statement on the matter. [30517/06] cal wiring, repair of fireplaces and, where required, the provision of presses or shelves for Minister of State at the Department of the the storing of food or clothing. A suitable form of Environment, Heritage and Local Government heating may also be installed e.g. storage heating. (Mr. N. Ahern): The installation of central heat- The Improvement Works in Lieu Scheme ing is a matter for the local authority concerned. enables local authorities to improve or extend a No instructions have been issued by my Depart- privately owned house, which is or will be occu- ment relating to the retention or otherwise of pied by persons in need of local authority hous- solid fuel cookers. Under the Central Heating ing. The types of works allowable are the elimin- Programme local authorities have been asked to ation of defects and the provision of additional satisfy themselves that any heating system accommodation to eliminate overcrowding or to installed is safe, efficient and appropriate to the accommodate a person not residing in the house needs of the tenants. who is approved for local authority housing.

Housing Grants. Private Rented Accommodation. 514. Mr. Kehoe asked the Minister for the 515. Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government there are grants available for a person to build a the steps he will take to update regulations on “granny” flat onto the family home to house an conditions and standards in landlord owned elderly family member; and if he will make a properties and on the general up keep and main- statement on the matter. [30573/06] tenance of such properties; and if he will make a statement on the matter. [30576/06] Minister of State at the Department of the Environment, Heritage and Local Government Minister of State at the Department of the (Mr. N. Ahern): There are no specific grants Environment, Heritage and Local Government available from my Department for the building of (Mr. N. Ahern): The action programme on granny flats onto family homes. There are, private rented standards, which I announced last however, a number of schemes available, which month, includes a commitment that a general 1585 Questions— 3 October 2006. Written Answers 1586 review of the existing standards regulations will collection and recovery of farm plastics waste. In commence later this year. This will be carried out spite of the successful operation of the scheme in in consultation with the Private Residential Ten- recent years, it became apparent this year that the ancies Board (PRTB), local authorities and other Scheme lacked sufficient resources to satisfy the relevant interests. demand that existed for collections of farm plas- tics. Therefore, following discussions with the Farm Waste Management. IFFPG, farming organisations and local auth- orities, last May I announced amendments to the 516. Mr. G. Murphy asked the Minister for the scheme to support improved services to farmers. Environment, Heritage and Local Government Under the new arrangements, the scheme is being the reason no system is in place to collect plastic funded by a combination of the existing levies from farms, in view of the fact that farmers pay paid by the producer members of IFFPG who run for the disposals of plastic when they purchase the scheme and funding from weight based collec- these products. [30720/06] tion charges to be paid by farmers availing of the service. This will improve the operational Minister for the Environment, Heritage and efficiency of the scheme by incentivising the pres- Local Government (Mr. Roche): To address the entation of clean, dry plastic by farmers. IFFPG issue of accumulated backlogs of farm plastic, estimate that a typical farmer will incur a cost of designated facilities are being provided on a tem- \50 every second year arising from the introduc- porary, once-off basis by local authorities where tion of this charge. The effect of the introduction farmers may deposit stockpiled farm film plastic of a charge will be to ensure that supply of collec- and silage wrap. This arrangement operated on a tions of farm plastics to farmers can match the pilot basis in the first instance in counties Galway, demand on an ongoing basis. Collections of film Clare, Mayo, Offaly and Waterford during June plastic and silage wrap are currently being pro- and July of this year. This service is free to the vided nationwide by the (IFFPG) on this basis. farmer and funding to assist the local authorities is being made available from my Department Local Authority Housing. through the Environment Fund. The collections were well supported by farmers 517. Mr. Gregory asked the Minister for the in the counties participating in the pilot phase Environment, Heritage and Local Government leading to large quantities of plastic being when a sale scheme for tenants of local authority deposited at designated sites. A significant find- flats will be put in place; and if he will make a ing from the pilot scheme is that it is not possible statement on the matter. [30722/06] to operate collections in a large number of coun- ties at the same time due to capacity constraints Minister of State at the Department of the on the part of recovery operators. Accordingly, it Environment, Heritage and Local Government is necessary to roll out the scheme to other areas (Mr. N. Ahern): My Department is currently pre- on a staggered basis. Arising from a comprehen- paring proposals for the legislation required to sive examination of the information available, I give effect to the commitment in the Housing have recently announced that collections of waste Policy Framework: Building Sustainable Com- silage-bale wrap will now be put in place by munities to introduce a new tenant purchase Leitrim, Roscommon, Carlow, Longford, North scheme that will allow for the sale of local auth- Tipperary and Wicklow County Councils. ority apartments to tenants under certain con- Announcements regarding further extensions of ditions. Draft legislation will be brought before collections to other areas, including Kerry, will the Oireachtas as soon as possible. follow completion of collections in those counties taking part in the second phase of the scheme. 518. Mr. Bruton asked the Minister for the The local authority collections are being put in Environment, Heritage and Local Government if place on a once off basis to remove accumulated he is working on proposals in co-operation with silage bale wrap and sheeting from farms. Under Dublin City Council to replace senior citizen bed- the Waste Management (Farm Plastics) Regu- sit accommodation by one-bedroom accom- lations 2001, producers — i.e. manufacturers and modation; and when he expects to introduce a importers — of farm plastics (silage bale wrap programme of building and reconstruction to and sheeting) are required to take steps to achieve same. [30723/06] recover farm plastics waste which they have placed on the market or alternatively to contrib- Minister of State at the Department of the ute to, and participate in, compliance schemes to Environment, Heritage and Local Government recover the waste in question. The Irish Farm (Mr. N. Ahern): It is understood that Dublin City Film Producers Group (IFFPG) is currently the Council are finalising a strategy to be completed sole approved body in Ireland for the purposes of early in 2007 to replace their senior citizen bed- implementing a compliance scheme for the recov- sit accommodation with separate bedroom(s) and ery of farm plastics waste. living areas. Following the completion of this Under the IFFPG scheme, producers apply a report it is the intention of the City Council to levy on the sale of farm plastics that in turn is make a submission to my Department requesting transferred to the IFFPG for use in funding the capital funding to undertake this programme. My 1587 Questions— 3 October 2006. Written Answers 1588

[Mr. N. Ahern.] Council to be funded from its own resources sup- Department’s current Social Housing Design plemented by State grants provided by my Guidelines indicate that local authorities should Department. In 2005, my Department sought provide dwellings with separate bedroom(s) and applications from road authorities for funding living areas in all instances. under the 2006 EU Co-Financed Specific Improvement Grants scheme. The initial selec- 519. Mr. Ferris asked the Minister for the tion of projects to be submitted for consideration Environment, Heritage and Local Government if for funding under this scheme is a matter for road he has received a refurbishment scheme proposal authorities. Mayo County Council’s submission for an avenue (details supplied) in County Kerry did not include an application for funding for the from Tralee Town Council and if a decision has R325 past Kilmovee. In July this year my Depart- been taken on same. [30724/06] ment sought applications for consideration for funding in 2007 under the EU Co-Financed Spec- Minister of State at the Department of the ific Improvement Grants scheme. It is open to Environment, Heritage and Local Government Mayo County Council to submit an application (Mr. N. Ahern): Tralee Town Council submitted for consideration under this scheme. proposals to my Department in mid 2005 to carry out refurbishment works, extensions and site Social and Affordable Housing. development works to the scheme in question. It was considered that a more efficient use could be 522. Mr. Perry asked the Minister for the made of the available site and following dis- Environment, Heritage and Local Government if cussions with my Department the Council have his attention has been drawn to the fact that cor- been requested to review their submission. My porations are buying houses within private estates Department will further consider the scheme on for tenants as social housing; the number of receipt of the Council’s revised proposals. houses which have been provided within estates in this way; the number of homes which have Planning Issues. been provided in this way in County Sligo; and if he will make a statement on the matter. 520. Mr. Connaughton asked the Minister for [30855/06] the Environment, Heritage and Local Govern- ment when a decision will be made on an appli- Minister of State at the Department of the cation by a person (details supplied) in Co. Environment, Heritage and Local Government Galway; and if he will make a statement on the (Mr. N. Ahern): Local authorities have been matter. [30725/06] encouraged to accelerate progress on the imple- mentation of their housing programmes in order Minister for the Environment, Heritage and to provide as many social housing units as pos- Local Government (Mr. Roche): The application sible to meet housing need. This includes the referred to in the Question to have lands acquisition of dwellings to meet their housing tar- excluded from a Special Area of Conservation gets as set out in their Housing Action Plans. was received by my Department in July. The first Typically, local authorities purchase such units in step in such an appeal is to have the case reviewed internally. Regional staff in my Depart- areas where they do not have the necessary land ment have recently assessed the lands in question for development or to address the specific hous- and a recommendation will be made shortly. A ing needs of persons on the waiting lists. decision will be communicated to the applicant as A total of 918 dwellings were acquired by local soon as possible thereafter. Should the applicant authorities in 2005. In this period, Sligo County be dissatisfied with the outcome, there is an and Borough Councils acquired 8 and 20 dwell- option available to have the case referred to the ings respectively. Information on the number of independently chaired External Appeals Advis- local authority housing units acquired in previous ory Board. years is published in my Department’s Annual Bulletin of Housing Statistics and is available on Road Network. my Department’s website at www.environ.ie.

521. Mr. Ring asked the Minister for the Envir- Water and Sewerage Schemes. onment, Heritage and Local Government if he will sanction a grant for the improvement of a 523. Mr. Gilmore asked the Minister for the road (details supplied) in County Mayo; and if he Environment, Heritage and Local Government will make a statement on the matter. [30726/06] the progress which has been made to date on the proposed sewerage scheme for the Gweedore Minister for the Environment, Heritage and area of County Donegal. [30994/06] Local Government (Mr. Roche): The provision and improvement of non-national roads in Minister for the Environment, Heritage and County Mayo is a matter for Mayo County Local Government (Mr. Roche): The Gweedore 1589 Questions— 3 October 2006. Written Answers 1590

Sewerage Scheme is approved for funding under In addition, my Department worked with a my Department’s Water Services Investment group of local authority managers and senior Programme 2005-2007, at an estimated cost of officials to put in place an enhanced programme \25.2 million. Donegal County Council’s Prelimi- for improving the next Register. Detailed pro- nary Report for the scheme is under examination cedures for the carrying out of registration field- in my Department and is being dealt with as work were finalised and issued to local authorities quickly as possible. Following approval of the in early July. The procedures include provision Preliminary Report the Council will be in a posi- for ensuring that each household is visited and tion to prepare Contract Documents. provided with forms and information at least twice, if necessary. In the event that this process Register of Electors. does not satisfactorily register the household, written notification would then be given cau- 524. Ms C. Murphy asked the Minister for the tioning of the danger of being omitted from the Environment, Heritage and Local Government Register. A person not on the draft register when the amount which has been provided to each local published on 1 November may apply (before 25 authority for the purposes of updating the elec- November) for inclusion on the final register to toral register; the strategy for determining the be published on 1 February 2007 or may apply needs of each authority which was deployed; for inclusion on the supplement to the register when he expects the work will be complete; if which closes on the fifteenth day before the next there is an ongoing review of progress; if further polling day. funding requests will be considered; the mechan- New supplies of the electoral registration ism which will be deployed to ensure the register (RFA) forms were distributed to all local auth- is kept up to date; and if he will make a statement orities in June (significantly earlier than in pre- on the matter. [30997/06] vious years). I also committed to providing additional ring-fenced financial resources to sup- 530. Mr. Gilmore asked the Minister for the port local authorities’ own spending in respect of Environment, Heritage and Local Government the register campaign and have advised auth- the progress that has been made to date to update \ the electoral register; when it is envisaged that orities that a contribution of some 6 million can be made available in this regard. An initial allo- this process will be complete; the measures in \ place to ensure that there are no erroneous cation of some 3 million, based on the number deletions made which would result in a voter of households in each local authority area, was being disenfranchised in particular cases, for made available in July to local authorities for example, if a voter was in long-term hospital care registration work; details of allocations are set out or if a voter had literacy issues; and if he will in the table below. make a statement on the matter. [31044/06] As regards publicity and awareness, a two- stage approach has been developed, involving Minister for the Environment, Heritage and information notices followed by an intensive Local Government (Mr. Roche): I propose to media campaign. Information notices were pub- take Questions Nos. 524 and 530 together. lished in the national press on 19-21 August, urg- In law, the preparation of the Register of Elec- ing co-operation with local register campaigns. In tors is a matter for each local registration auth- addition, a national publicity and awareness cam- ority. It is their duty to ensure, as far as possible paign involving TV, radio, press and outdoor and with the co-operation of the public, the accu- advertising commenced on 11 September and will racy and comprehensiveness of the Register and run until 25 November (the closing date for sub- to review progress in this regard as appropriate. mitting corrections to the Draft Register). An on- Local authorities must publish the draft Register line register search facility is now available on or before 1 November each year and they through local authority websites. A link from my must publish the final Register on 1 February. Department’s website (www.environ.ie)tothe In April 2006, I announced a package of relevant search facility has also been provided. measures to assist local authorities in their work New arrangements for the deletion of names of on preparing the 2007/8 Register, which included deceased persons from the Register are now in the use of Census enumerators or other tempor- place: the new system allows for the efficient and ary personnel to support local authorities in pre- timely deletion of the names of deceased persons paring the next Register. The CSO contacted cen- from the Register using the Death Event Publi- sus enumerators seeking expressions of interest cation Service which has been developed by in the work; lists of enumerators expressing such Reach in association with the General Register an interest in each city and county council area Office. were made available to local authorities. This New guidance for local authorities on Prepar- cleared the way for recruitment and deployment, ing and Maintaining the Register of Electors was as appropriate, by local authorities of additional made available to authorities in electronic format temporary staff for the registration campaign. on 31 May. Printed copies of the guidance were 1591 Questions— 3 October 2006. Written Answers 1592

[Mr. Roche.] he will establish from the National Driver File the subsequently sent to all local authorities, number of drivers that currently stand disquali- returning officers and relevant Government fied; the procedures in place for relaying this Departments. In the final version of the guidance, information to the Gardaı´; the manner in which the importance of local authorities cross-checking this is done; and the frequency of same. the Register with other databases available to [31039/06] them is stressed. The measures I announced in April are important supports for action by local Minister for the Environment, Heritage and authorities to improve the accuracy and compre- Local Government (Mr. Roche): The records on hensiveness of the Register in their areas. the National Vehicle and Driver File (NVDF) indicate that the number of drivers that currently Local Authority Grant for Electoral stand disqualified is 17,253 some 28 of these dis- Register Purposes qualifications are penalty point related. The Garda Sı´ocha´na are supplied by my Department, County Councils \000 on a weekly basis, with an electronic extract from Carlow 35 the National Driver File which provides details in Cavan 43 relation to each driving licence including disquali- fication data where relevant. In addition, for each Clare 79 disqualification arising from penalty points, my Cork 245 Department notifies the Garda Sı´ocha´na by email Donegal 104 at the same time as the disqualification notifi- Du´ n Laoghaire-Rathdown 149 cations issue to the drivers concerned. Fingal 142 Galway 105 Water and Sewerage Schemes. Kerry 101 526. Mr. Deenihan asked the Minister for the Kildare 118 Environment, Heritage and Local Government Kilkenny 60 the position regarding the provision of a sewerage Laoighis 43 scheme (details supplied) in County Kerry; and if Leitrim 21 he will make a statement on the matter. Limerick 89 [31040/06] Longford 24 Minister for the Environment, Heritage and Louth 78 Local Government (Mr. Roche): Finuge Village Mayo 92 is part of Phase 1 of the Kerry Villages Waste Meath 97 Water which is included in my Department’s Monaghan 39 Water Services Investment Programme 2005-2007 North Tipperary 47 as a scheme to commence construction in 2007. Offaly 47 My Department is currently awaiting submission by Kerry County Council of a Preliminary Report Roscommon 42 for the scheme. However, I understand that the Sligo 46 Council is also developing a countywide strategy South Dublin 171 to optimise the delivery of wastewater services to South Tipperary 62 up to 28 villages, including Finuge. Any proposals Waterford 43 emerging from the strategy will be considered as Westmeath 54 quickly as possible by my Department. Wexford 89 527. Mr. Deenihan asked the Minister for the Wicklow 85 Environment, Heritage and Local Government City Councils the position regarding the provision of a sewerage scheme (details supplied) in County Kerry; and if Cork 100 he will make a statement on the matter. Dublin 421 [31041/06] Galway 49 Limerick 44 Minister for the Environment, Heritage and Waterford 36 Local Government (Mr. Roche): Milltown is part of Phase 1 of Kerry County Council’s proposal to Total 3,000 refurbish a number of village sewerage schemes which has been included in my Department’s Water Services Investment Programme 2005- Road Traffic Offences. 2007. I understand that the Council is currently assessing tenders for the sewage collection system 525. Ms Shortall asked the Minister for the for Milltown and has advertised for expressions Environment, Heritage and Local Government if 1593 Questions— 3 October 2006. Written Answers 1594 of interest from prospective tenderers for the mented procedures and otherwise enhance the treatment plant. system, the fundamental operability, accuracy and functionality of the system, and its effective Election Management System. operation, are not in doubt. In response to the report, the Government has 528. Mr. Gilmore asked the Minister for the established a Cabinet Committee, which I chair Environment, Heritage and Local Government and which includes the Ta´naiste and the Minister the reason the election management software for for Communications, Marine and Natural electronic voting was not developed in accord- Resources, to consider the report and other ance to any standard process and is not developed assessment work in detail; report to the Govern- as a mission critical system; and if he will make a ment on the full implications of the Commission statement on the matter. [31042/06] recommendations; consider the composition of a peer review group (drawn from international 529. Mr. Gilmore asked the Minister for the electoral reform bodies and the IT industry) to Environment, Heritage and Local Government if supervise any software redesign work; report to his attention has been drawn to the fact that the the Government on confidence building second report of the Commission on Electronic measures; and identify any other improvements Voting found that the electronic voting system that might be built into the system. The work of may, with many adjustments, reach the high stan- the Cabinet Committee is underway. dard of secrecy provided by the paper system, but that it is unlikely to ever exceed that high stan- Question No. 530 answered with Question dard; if in view of this he will scrap the electronic No. 524. voting proposal. [31043/06] Question No. 531 answered with Question 531. Mr. Gilmore asked the Minister for the No. 528. Environment, Heritage and Local Government if he will carry out all the recommendations made Planning Issues. by the Commission on Electronic Voting; his estimates of the resources required, in terms of 532. Mr. Stanton asked the Minister for the time, money and personnel to carry out the Environment, Heritage and Local Government recommendations. [31045/06] the plans he has to introduce national guidelines regarding the implementation of Part V of the Minister for the Environment, Heritage and Planning and Development Act by local auth- Local Government (Mr. Roche): I propose to orities; and if he will make a statement on the take Questions Nos. 528, 529 and 531 together. matter. [31098/06] The Commission on Electronic Voting con- Minister of State at the Department of the cluded in its Second Report on the Secrecy, Environment, Heritage and Local Government Accuracy and Testing of the Chosen Electronic (Mr. N. Ahern): Comprehensive guidelines to Voting System, which was published on 4 July assist local authorities in the implementation of 2006, that it can recommend the voting and coun- Part V of the Planning and Development Act, ting equipment for use at elections in Ireland, 2000 have issued on a number of occasions by my subject to further work it has recommended. The Department since December, 2000. These Guide- Commission made it clear that many of its recom- lines are currently available on my Department’s mendations involve only relatively minor modifi- website at www.environ.ie and may be purchased cations or additions to the system. While the from the Government Publications Sales Office. software of the voting machine was considered by The most recent advice in this matter involved the Commission to be of adequate quality requir- five regional seminars which offered local auth- ing only minor modifications and further analysis ority officials an opportunity to discuss their to confirm its reliability, it was unable to recom- experiences to date of the implementation of Part mend the election management software. In the V. The seminars were structured around a Part V context of its comparison of the electronic and Resource Pack prepared by the Affordable manual voting systems, the Commission con- Homes Partnership in collaboration with the cluded that, subject to its recommendations being Department. My Department constantly moni- implemented, the chosen system has the potential tors the operation of Part V and will continue to to deliver greater accuracy than the paper system advise local authorities on issues affecting imple- and can provide similarly high levels of secrecy. mentation. I am satisfied that local authorities are My Department’s priority in the preparations implementing Part V as it was intended. for the national roll-out of the system for the June 2004 polls was to confirm that the system Local Authority Schemes. functioned effectively and that staff were trained in their duties and responsibilities. While it is 533. Mr. Stanton asked the Minister for the acknowledged that additional measures can be Environment, Heritage and Local Government if taken to strengthen further the security protocols work has begun on the reform of the disabled surrounding the system, provide more fully docu- persons grant scheme; his Department’s progress 1595 Questions— 3 October 2006. Written Answers 1596

[Mr. Stanton.] concerned, and I expect to be in a position to to date; the way he will improve the scheme; and announce these shortly. if he will make a statement on the matter. • A key objective of the Department’s Sec- [31099/06] toral Plan is to encourage and facilitate access to appropriate housing and accom- Minister of State at the Department of the modation for persons with disabilities. The Environment, Heritage and Local Government commitment given in relation to the Dis- (Mr. N. Ahern): The review of the Disabled Per- abled Person’s Grant scheme is that the sons Grant scheme, which incorporates the con- reform of the scheme will be completed in ditions governing the Essential Repairs Grant 2006; scheme and the Special Housing Aid for the Eld- • The review has been completed within the erly Scheme was recently finalised within my Department and proposals for the future Department. The aim of the review has been to operation of the schemes are currently ensure that the available resources are targeted under consideration. A working group to those in most need of such assistance, to comprising representatives of the Depart- streamline as far as possible the procedures gov- ment of Health & Children, the HSE, and erning the operation of the grant scheme, and to local authorities has been convened and introduce a level of consistency in operation will focus on finalising the relevant aspects across local authorities. of the amended schemes in a short space of Proposals for the future operation of the time. It is expected that the proposals for schemes are now being prepared by my Depart- the future operation of the schemes will be ment, in consultation with other public agencies ready to be announced shortly.