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Dáil Éireann díospóireacht -
Wednesday, 16 Sep 2009

Vol. 689 No. 1

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 153, inclusive, resubmitted.

National Statistics.

John Deasy

Ceist:

154 Deputy John Deasy asked the Taoiseach the number of full-time farmers in County Waterford in each of the years from 1998 to date in 2009; and if he will make a statement on the matter. [30099/09]

The exact information requested by the Deputy is not available. The Farm Structure Survey provides regional estimates and the following table shows the latest figures for the South-East region in June 1997, 2000, 2003, 2005 and 2007 (the latest year currently available).

Number of Farms in the South-East Region — June 1997, 2000, 2003, 2005 and 2007.

Year

Farmwork is sole occupation of farm owner

Farmwork is not sole occupation of farm owner

Total

1997

13,400

5,200

18,600

2000*

10,500

6,400

16,900

2003

10,200

6,100

16,300

2005

9,600

6,300

16,000

2007

8,800

6,300

15,100

*June 2000 Census of Agriculture figure.

The South-East region comprises counties Carlow, Kilkenny, South Tipperary, Waterford and Wexford. Figures at county level are only available from the 2000 Census of Agriculture. There were 2,800 farms in County Waterford on 1 June 2000; on 1,700 of these, farmwork was the owner's sole occupation. The next Census of Agriculture is planned to take place in June 2010.

Departmental Bodies.

Caoimhghín Ó Caoláin

Ceist:

155 Deputy Caoimhghín Ó Caoláin asked the Taoiseach the membership, the work plan, the number of meetings held and the recommendations made by the high-level group on the labour market in 2009; and if he will make a statement on the matter. [30524/09]

The High Level Group on Labour Market Issues was established earlier this year and has had one meeting to date. The Group is chaired by my Department and its membership is comprised of officials from the Departments of Enterprise, Trade & Employment; Social & Family Affairs; Education & Science; and Community, Rural & Gaeltacht Affairs; and two nominees each from the Employer, Union, Community & Voluntary and Farming Pillars of Social Partnership. Currently, work in this area is being progressed by a cross-departmental Senior Officials Group under the Cabinet Committee on Economic Renewal. Further meetings of the High Level Group will be convened as necessary.

National Minimum Wage.

Caoimhghín Ó Caoláin

Ceist:

156 Deputy Caoimhghín Ó Caoláin asked the Taoiseach the number of employees on the minimum wage; the number of employees on the minimum wage who are male and female; the number of employees on the minimum wage who are under 25 and over 25 years; and if he will make a statement on the matter. [30526/09]

The information sought by the Deputy is contained in the National Employment Survey (NES), an annual workplace survey published by the Central Statistics Office. The most recent NES was published in July 2009 and uses data collected for October 2007 as its reference point.

The National Minimum Wage rate in operation in October 2007 was €8.65 per hour. An estimated 83,800 employees were paid that amount or less, equivalent to 4.9% of all employees. There were an estimated 33,800 males and 50,000 females paid the National Minimum Wage rate or less. Of the 83,800 estimated employees paid the National Minimum Wage rate or less, 46,300 were under 25 years of age while 37,500 employees were 25 years or older.

More recent information on employees and the National Minimum Wage is available from the quarterly Earnings, Hours and Employment Costs Survey (EHECS) but only for the Industrial and Financial Intermediation sectors. The data for Q1 2009 shows that there were approximately 2,800 employees in the industrial sector (or 1.3% of all employees in Industry) who were in receipt of €8.65 or less, while there were estimated to be less than 50 employees in the financial sector (or 0.1% of all employees in the sector).

Departmental Agencies.

Charles Flanagan

Ceist:

157 Deputy Charles Flanagan asked the Taoiseach the budget of the Office of the Director of Public Prosecutions in 2005, 2006, 2007, 2008 and 2009; and if he will make a statement on the matter. [31410/09]

The budget for the Office of the Director of Public Prosecutions for each year 2005 to 2009 is as follows:

Year

Budget ’000

2005

33,656

2006

33,635

2007

35,795

2008

44,522

2009

41,101

Consultancy Contracts.

Michael D'Arcy

Ceist:

158 Deputy Michael D’Arcy asked the Taoiseach the companies which have been successful in tendering for contracts for his Department in the past 20 years; the other companies which tendered for the same contracts; the tender prices for these contracts; and if he will make a statement on the matter. [30170/09]

Since 2002 my Department has maintained a database which records details of all contracts awarded after a tendering process, including year, name of successful tenderer, and contract value. The following schedule details all companies which have been successful in tendering for contracts for my Department and the contract value since 2002 to date. It is not practicable to provide all of the details sought, however I would be happy to provide details in relation to any specific queries the Deputy may have.

Year

Successful Tenderer

Contract Value (inc VAT)

2009

Ipsos MORI

34,626.49

Qualcom

27,240.00

2008

Ashville Media Group

235,744.02

Club Travel Ltd

*

Goodbody Economic Consultants

33,880.00

Hudson Talent Management

45,552.34

Ipsos MORI

69,817.00

MJ Flood Technology

3,932.50

National Council of the Blind

1,022.00

Raymond Burke Consulting

3,375.90

Sogeti Ltd

2,268.75

The Design Station

1,294.70

The Design Station

5,140.00

The Design Station

15,982.21

The Design Station

6,383.61

The Economist Intelligence Unit

408,375.00

2007

Arnotts Ltd.

10,219.32

Bluewave Technology

*

Europus

*

EW Technologies

2,614.00

Indecon Int. Economic Consultants/Life Strategies Ltd.

133,100.00

Initial Washroom Solutions

2,359.36

Ipsos Mori

19,904.50

Isolde Goggin and Gillian Lauder

108,900.00

Lenovo Ireland

943.80

Neopost

9,374.40

NextiraOne

53,775.61

PA Consulting Services Limited

70,733.35

Pitney Bowes

12,463.00

Prontoprint

3,134.61

Prontoprint

3,329.50

RA Consulting

18,101.00

The Design Station

10,914.20

The Design Station

24,955.52

2006

Applied Signs & Display Ltd

2,099.35

Boyd Freeman

94,000.00

Caroline Erskine, Media Consultant

24,805.00

Code Ltd

8,730.00

Dell

*

Economic and Social Research Institute

103,429.00

Fitzpatrick Associates Economic Consultants

40,656.00

Goodbody Economic Consultants

29,040.00

Lenovo Ireland

3,811.50

Mary Higgins, Management and Social Policy Consultant

44,388.00

MORI Ireland Ltd.

17,847.50

Olivia McEvoy

3,542.00

QTS Ltd

2,541.00

Sureskills

*

The Design Station

10,710.00

2005

Boyd Freeman Design

324,500.00

BT (Formerly Cara)

74,768.00

Colour Books

24,992.00

Dell

49,052.19

Dell

23,930.50

Dell

78,861.75

Ergo

7,786.35

Fitzpatrick Associates

37,207.50

Good Practice Ltd

33,350.30

IQ Content Ltd

38,478.00

IT Force

36,414.00

MORI Ireland

32,972.50

OKI Systems Ireland Limited

82,320.34

Slick Fish Design

21,155.64

Sureskills

156,071.85

System Dynamics

21,900.84

Watson Wyatt

25,925.00

2004

Dell

8,167.50

Dell Computer Corporation Ltd

16,335.00

EuroKom

9,256.50

Goodbody Economic Consultants

29,766.00

HCM Consultants and Actuaries Limited

33,524.56

IT Force

61,407.00

Langley Freeman Design Group Ltd.

140,000.00

McCann FitzGerald Solicitors,

76,894.34

Pan Research Ltd

6,313.81

System Dynamics

*

System Dynamics

18,854.83

Zerflow

5,929.00

2003

Accenture

152,913.75

Alpha CC

6,171.00

Alpha CC

4,065.34

BIC Systems

78,892.00

Cara

78,892.00

Carr Communications

68,100.00

Celare Ltd

18,851.50

Celare Ltd

2,074.55

Ciara Browne Consultant

3,993.00

Club Travel Limited

*

Dell Computer Corporation, Ireland

1,034.55

Dell Computer Corporation, Ireland

4,433.44

Design ID Ltd

50,712.00

Dublin City University

1,331.00

Entrophy Ltd

54,753.99

E.S.R.I

7,260.00

Flesihman-Hillard Saunders

33,383.00

Fujitsu Consulting

15,125.00

Fujitsu Services

21,575.89

Fujitsu Services Ltd

15,730.00

Fujitsu Services Ltd

39,863.45

Fujitsu Services Ltd

16,656.46

Lan Communications

19,651.61

Langley Freeman Design Group Ltd.

35,884.00

Methodica Ltd

11,852.00

NextiraOne

90,669.13

Sonas Innovation

49,610.00

Watson Wyatt

25,410.00

Watson Wyatt

14,520.00

2002

Acrobat Design

*

Decision Support Systems (DSS Ltd)

112,144.00

Decision Support Systems (DSS Ltd)

102,485.79

Dell

32,275.54

FTS Computer Services Ltd

13,697.20

IT Force

55,055.00

KPMG Consulting (Bearing Point)

87,732.56

Lansdowne Market Research Ltd.

42,894.50

Models Research

36,336.00

OKI Systems (Ireland) Ltd

21,193.15

Sord Data Systems Ltd

28,767.75

*These contracts were dependent on the level of usage.

National Partnership Agreement.

Leo Varadkar

Ceist:

159 Deputy Leo Varadkar asked the Taoiseach if he will include representatives of Opposition parties in the social partnership talks on a national recovery plan; and if he will make a statement on the matter. [30172/09]

Leo Varadkar

Ceist:

162 Deputy Leo Varadkar asked the Taoiseach his views on expanding social partnership to establish a new pillar for the Opposition parties; and if he will make a statement on the matter. [30175/09]

I propose to take Questions Nos. 159 and 162 together.

Social partnership is a structured approach to engagement between the Government and the Social Partners, organised in the following five pillars: Employer/Business, Trade Union, Farming, Community and Voluntary and Environmental. This engagement leads to periodic agreements based on a shared analysis of the needs of the economy and society, and a set of shared objectives, such as those contained in Towards 2016.

The engagement between the Government and the Opposition Parties takes place in the context of the framework of democratic accountability, under which the Government is accountable to the Oireachtas. In this context, the Government is accountable for its management of, and interaction with, the Social Partnership process. Implementation of commitments included in Social Partnership agreements which involve legislative or Exchequer commitments are subject to the same democratic process through the Oireachtas as all other Government proposals, while debate on relevant issues takes place regularly in both Houses and in Oireachtas Committees. The Opposition's engagement with Social Partnership can be developed through these established mechanisms. There is no proposal, therefore, to establish a pillar of Social Partnership to represent the Opposition Parties.

Departmental Staff.

Joan Burton

Ceist:

160 Deputy Joan Burton asked the Taoiseach the number of staff in his Department, including all authorities, agencies or other institutions under the aegis of his Department, who have applied for the incentivised early retirement scheme and the incentivised career break scheme; the number who have been made redundant in the past 12 months; and if he will make a statement on the matter. [30173/09]

The information requested by the Deputy in respect of the Incentivised Career Break Scheme and the Incentivised Early Retirement Scheme is set out in the following tables.

Department of the Taoiseach

Title of Scheme

Number who applied under the Scheme

Incentivised Career Break Scheme

5

Incentivised Early Retirement Scheme

3

None of my Department's staff have been made redundant in the past 12 months.

Central Statistics Office (CSO)

Title of Scheme

Number who applied under the Scheme

Incentivised Career Break Scheme

25

Incentivised Early Retirement Scheme

9

No Central Statistics Office staff have been made redundant in the past 12 months.

National Economic and Social Development Office (NESDO)

Title of Scheme

Number who applied under the Scheme

Incentivised Career Break Scheme

Nil

Incentivised Early Retirement Scheme

Nil

In accordance with the terms of the Implementation of Savings Measures on Public Service Numbers, NESDO did not renew the contract of one member of staff whose three year contract expired on 20th June 2009. No other staff contracts come up for renewal before the end of 2010.

Departmental Expenditure.

Richard Bruton

Ceist:

161 Deputy Richard Bruton asked the Taoiseach if he made submissions to the special group on public service numbers and expenditure programmes on potential savings in his Department; the contents of the submissions made; if the McCarthy group has made proposals to him; the contents of these proposals; and if he will make a statement on the matter. [30174/09]

Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary process for 2010. This will include consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes, and the decisions on all of the issues arising will be a matter for the Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Question No. 162 answered with Question No. 159.

Departmental Staff.

Fergus O'Dowd

Ceist:

163 Deputy Fergus O’Dowd asked the Taoiseach the number of staff employed by his Department in County Louth by location; if such staff are permanent, temporary, part-time or on fixed contracts and so on; the accommodation used by such staff; if same is owned, leased or otherwise rented by his Department; the cost of same per annum; if leased, when such lease expires; his proposals to close, amalgamate or expand his Department’s presence in County Louth; and if he will make a statement on the matter. [30176/09]

My Department is based in Government Buildings, Dublin 2. It does not have a physical presence in County Louth, and accordingly, the question of staff on permanent or temporary contract, cost of accommodation, expired leases etc does not apply.

Northern Ireland Issues.

Joe McHugh

Ceist:

164 Deputy Joe McHugh asked the Taoiseach the work carried out by him to progress Strand II of the British-Irish Agreement since he took office as An Taoiseach; his plans to progress Strand II of the British-Irish Agreement in the coming 12 months; and if he will make a statement on the matter. [30177/09]

Strand II of the Good Friday Agreement sets out arrangements for the establishment of the North South Ministerial Council to bring together those with executive responsibilities North and South to develop consultation, cooperation and action within the island of Ireland. The Council meets in different formats, in plenary format twice yearly, in sectoral format on a regular and frequent basis and in institutional format to consider institutional or cross sectoral matters.

There are six implementation bodies:Waterways Ireland, Food Safety Promotion Board, Trade and Business Development Body (Inter TradeIreland), The Language Body/An Foras Teanga/North-South Body (consisting of two agencies i.e. Foras na Gaeilge and Tha Boord o Ulster-Scotch) Foyle, Carlingford and Irish Lights Commission (consisting of two Agencies i.e. The Loughs Agency and Lights Agency). Each of the Bodies operates on an all-island basis. While having a clear operational remit, all operate under the overall policy direction of the North South Ministerial Council, with clear accountability lines back to the Council and to the Oireachtas and the Northern Ireland Assembly. There are six areas of cooperation dealing with aspects of Agriculture, Education, Environment, Health, Tourism, including Tourism Ireland and Transport. In each case, common policies and approaches are agreed in the North South Ministerial Council but implemented separately in each jurisdiction.

The St Andrews Agreement provided for a Review of the North South Implementation Bodies and Areas for Co-operation. The Review is examining the efficiency and value for money of existing Implementation Bodies, the case for additional bodies and areas of co-operation within the NSMC where mutual benefit would be derived, and providing input into the work on the identification of a suitable substitute for the proposed Lights Agency of the Foyle, Carlingford and Irish Lights Commission. Progress under Strand II of the Good Friday Agreement is considered on a regular basis at Plenary meetings of the North South Ministerial Council. I have answered questions in this House on the outcome of the meetings in Derry on 23 January last and the most recent meeting on 6 July in Farmleigh House in Dublin.

At recent Plenary meetings we have had very useful discussions on the economic challenges facing all parts of this island and we have considered progress on North/South Co-operation in areas such as health, education, transport and tourism. In July we noted the following items:

our re-affirmed commitment to the A5 and A8 road projects in the North and agreement to make a contribution of €9m to these before the end of the year.

close co-operation on the Influenza A/H1N1 outbreak;

agreement on a framework for the removal of waste illegally dumped in Northern Ireland;

progress on introducing the mutual recognition of driving disqualifications;

intensified co-operation on Child Protection;

progress on suicide prevention;

continued co-operation in education on the approaches to the integration of newcomer children in schools;

the further development of the www.borderpeople.info website.

The Council also noted that the St Andrew's Review Group is continuing its consideration of the report of the experts/advisers on efficiency and value for money of the existing Implementation Bodies and Tourism Ireland Limited. It confirmed its intention to conclude the St Andrews Review process before the end of 2009 and it instructed the Review Group to accelerate its work on all the elements of the Review and to provide a final report to the next meeting of the Plenary.

The Council also noted the Executive's ongoing review of the Civic Forum. Following the conclusion of the Government's consultations with social partners and other groups from civic society in 2008, the Government forwarded proposals for the establishment of the Forum to the Northern Executive. At the NSMC meeting, it was noted that the Government intends to hold a conference in Autumn 2009 involving social partners and other groups in civil society who have an interest in North/South co-operation. The Conference will take place on 15 October next.

The establishment of a North South Parliamentary Forum is, of course, a matter for the Oireachtas and the Northern Ireland Assembly. At the NSMC plenary meeting we welcomed the establishment of two working groups, by the Oireachtas and the Northern Assembly respectively, to progress discussions on the establishment of a North South Parliamentary Forum. Progress will be reviewed at the next NSMC Plenary. In addition to the Plenary meetings there have been 26 sectoral meetings under the NSMC since May 2008 and one meeting in Institutional format which took place last April. The next NSMC plenary meeting will take place before the end of the year and I look forward to making further progress on the North/South agenda.

Departmental Staff.

Niall Collins

Ceist:

165 Deputy Niall Collins asked the Taoiseach if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31234/09]

There are currently no civil servants from this Department in receipt of a fee, salary or remuneration and expenses for holding a position as a member of a board or agencies including commercial and non-commercial state body.

Departmental Expenditure.

Damien English

Ceist:

166 Deputy Damien English asked the Taoiseach the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31583/09]

The amounts spent by my Department on advertising and promotions from 2004 to date are set out in the following table.

2004

2005

2006

2007

2008

2009

31,071

12,988

377,045

277,365

65,525

10,329

Expenditure was incurred for a variety of purposes including advertisements in the national media in relation to:

commemorative events such as the National Day of Commemoration and the Annual 1916 Easter Rising Commemoration;

the OECD review of the Irish Public Service;

public consultation associated with the Statute Law Revision Programme;

preparation of my Department's new scheme in accordance with Section 15 of the Official Languages Act, 2003;

public consultation process in relation to the Taskforce on Active Citizenship.

Expenditure was also incurred by my Department for Official notifications which were placed in Iris Oifigiúil to publicise the making of Government appointments, Government Orders and related matters. The expenditure incurred on advertising by the agencies under the aegis of my Department from 2004 to date is set out as follows

National Economic and Social Development Office

2004

2005

2006

2007

2008

2009

6,033

13,315

33,647

10,819

10,832

nil

National Economic and Social Council

2004

2005

2006

2007

2008

2009

nil

492

1,119

1,040

563

nil

National Economic and Social Forum

2004

2005

2006

2007

2008

2009

26,127

nil

12,571

678

23,303

8,297

National Centre for Partnership and Performance

2004

2005

2006

2007

2008

2009

1,537

nil

nil

1,087,843

434,831

nil

I would point out that the National Centre for Partnership and Performance (NCPP) undertook a major Public Awareness Campaign during 2007 and 2008 to promote the Government's National Workplace Strategy. The funding was provided under the Workplace Innovation Fund and was spent in accordance with domestic and EU public procurement procedures.

Central Statistics Office (CSO)

2004

2005

2006

2007

2008

2009

86,634

125,756

1,566,475

72,164

42,944

nil

Apart from 2006, when CSO's advertising expenditure included significant Census of Population related advertising (radio/television/national & local press), CSO's expenditure on advertising and publicity comprised:

recruitment campaigns for CSO specific grades (Statistician/field force personnel).

awareness campaigns relating to specific surveys or modules of surveys, for example the Quarterly National Household Survey (QNHS) and the Household Budget Survey (HBS).

Since the Government decision in mid-2008 to cut advertising expenditure, CSO has not undertaken any advertising. The recently completed pilot Census test was not advertised and the recent recruitment campaign for HBS field work positions was undertaken through FÁS.

Departmental Programmes.

David Stanton

Ceist:

167 Deputy David Stanton asked the Taoiseach the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31717/09]

There is no discernible cost to my Department's vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There are minor costs in processing forms and in carrying the up- front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the tax relief inherent in the scheme. The total amount sanctioned to date by way of cycle purchases for staff of my Department is €1,039.47.

Ministerial Expenses.

George Lee

Ceist:

168 Deputy George Lee asked the Taoiseach the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31951/09]

The amount claimed in expenses by each of the Taoisigh and the Ministers of State in my Department from 1997 to 2008, is detailed in the following tables:

Taoiseach John Bruton (January 1997 to June 1997)

Expenses claimed

1997

€1,697.03

Minister of State Donal Carey (January 1997 to June 1997)

Expenses claimed

1997

€15,542.29

Minister of State Avril Doyle (January 1997 to June 1997)

Expenses claimed

1997

€1,736.90

Minister of State Jim Higgins (January 1997 to June 1997)

Expenses claimed

1997

€109.17

Minister of State Gay Mitchell (January 1997 to June 1997)

Expenses claimed

1997

€13,698.10

Taoiseach Bertie Ahern

Expenses claimed

June 1997

322.55

1998

3,466.31

1999

4,508.60

2000

8,723.57

2001

5,012.24

2002

2,155.62

2003

3,747.60

2004

5,587.20

2005

3,597.82

2006

2,843.14

2007

2,258.77

May 2008

1,883.46

Minister of State Seamus Brennan

Expenses claimed

June 1997

1,334.04

1998

680.33

1999

772.79

2000

2372.86

2001

2164.95

2002

0.00

Minister of State Mary Hanafin

Expenses claimed

2002

304.76

2003

8,936.67

2004

3,529.56

Minister of State Dick Roche

Expenses claimed

2002

14,203.61

2003

20,620.42

2004

15,080.31

2007

484.67

2008

0.00

Minister of State Tom Kitt

Expenses claimed

2005

1,304.85

2006

1,272.44

2007

951.47

2008

694.47

Minister of State Noel Treacy

Expenses claimed

2005

650.02

2006

206.47

Taoiseach Brian Cowen

Expenses claimed

2008

€1,609.44

Minister of State Pat Carey

Expenses claimed

2008

€0.00

Departmental Agencies.

Lucinda Creighton

Ceist:

169 Deputy Lucinda Creighton asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason the five-year practice requirement for appointment of lawyers to the Employment Appeals Tribunal has not commenced; and if she will make a statement on the matter. [30123/09]

Section 9 of the Redundancy Payments Act 2003 amended section 39(2)(b) of the Redundancy Payments Act 1967 by providing that Vice-Chairmen of the Employment Appeals Tribunal should, before their appointment, each have had not less than 5 years experience as a practising barrister or practising solicitor. That was meant to be an underpinning, in legislation, of the fact that Vice Chairmen have a legal background. Section 9 has not been commenced because of ongoing consideration of the optimum structure and organisational arrangements for Employment Rights Bodies.

Departmental Programmes.

Richard Bruton

Ceist:

170 Deputy Richard Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will provide details of the €250 million job protection programme; when she expects this scheme to commence; the financial mechanisms being used to fund this scheme; and if she will make a statement on the matter. [30171/09]

Deirdre Clune

Ceist:

191 Deputy Deirdre Clune asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she has taken to implement the employment subsidy scheme for exporting companies that she recently announced; the take-up of this scheme; and if she will make a statement on the matter. [30582/09]

I propose to take Questions Nos. 170 and 191 together.

The Government introduced an Employment Subsidy Scheme (Temporary) in the context of rising unemployment to help employees retain their jobs while at the same time assisting employers in retaining their productive capacity. The purpose of the scheme is to support the maintenance of vulnerable jobs and thereby:

Help the economy retain its productive capacity and employers retain the labour, knowledge and skills of the workforce thereby supporting a faster return to sustainable growth;

Help employees retain their jobs, and

Ensure that economic and fiscal stability is promoted by avoiding the cost of statutory redundancy payments and the longer-term cost of social welfare.

The total potential cost of the Scheme is €250 million of which up to €60 million may be released in 2009. The Scheme provides a subsidy of €9,100 per employee over a 15-month period. The Scheme aims to support up to 27,400 jobs. The scheme applies to vulnerable but viable companies in the manufacturing or internationally traded service sectors. It involves the payment of a subsidy to firms on condition that they retain an agreed number of jobs. The scheme is managed by Enterprise Ireland and the closing date for applications wasthe 4th September 2009. These applications are currently being considered by Enterprise Ireland.

Business Regulation.

George Lee

Ceist:

171 Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employment the duration it takes to register a new business name with the Companies Registration Office; her plans to reduce this waiting period; and if she will make a statement on the matter. [30859/09]

Currently, the average time it takes to process new applications for business names is eight weeks. I can assure the Deputy that every effort is being made within the current resource constraints to reduce the current processing time and to ensure that customers of the Companies Registration Office receive the best possible service.

Departmental Programmes.

Seán Ardagh

Ceist:

172 Deputy Seán Ardagh asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will reconsider the withdrawal of the funding of the return to education scheme in the disadvantaged areas of Fatima, Rialto and Bluebell in County Dublin (details supplied); and if she will make a statement on the matter. [30092/09]

I am advised by FÁS that there has been no withdrawal of funding for the Return to Education Programme and contracts are currently being prepared and issued for the next term.

Industrial Development.

John Deasy

Ceist:

173 Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to bring new industry to Waterford city and Dungarvan, County Waterford, in view of recent announcements of substantial job losses in the area; and if she will make a statement on the matter. [30102/09]

The Industrial Development agencies under the aegis of my Department, IDA Ireland and Enterprise Ireland, together with the Waterford City and County Enterprise Boards, are responsible for enterprise development in County Waterford. In line with the National Spatial Strategy, IDA Ireland is concentrating its efforts in the County on the Gateway City of Waterford and the town of Dungarvan. The County has a long and strong track record as a centre of manufacturing expertise. It has a key strength in engineering both in indigenous and overseas industry. In more recent years however, the focus has been on attracting newer and more advanced manufacturing, particularly in the Life Sciences Sector and in the area of International & Financial Services activities.

At present there are thirty one IDA Ireland supported companies in Waterford City and County employing approximately 5,960 people. In addition to marketing the County for new inward investment, the agency is also actively engaged with its existing clients to encourage their transition to higher value activities and to promote further investment in Ireland. In the area of providing tailored property solutions to meet the needs of existing and prospective clients, the agency has developed the Waterford Business & Technology Park and the Dungarvan Business Park. In addition, it has developed a large scale Greenfield site in Belview, specifically targeted to larger scale utility intensive overseas investments. A further site on the Kilmeaden Road in Waterford City is also available for Greenfield investment.

In parallel with developments on the property side, IDA Ireland continues to work closely with Third Level Educational Institutions in the South East Region so that the skill sets necessary to attract high value added employment to the County are being developed. The agency also works with the Training and Employment agency FÁS to ensure that the requirements of industry, particularly in the area of training and up-skilling, are being met.

Enterprise Ireland provides a rapid incubation programme designed to provide hands-on support and management development for entrepreneurs who wish to start their own business. As part of Enterprise Ireland's South East Regional Strategy, the South-East Enterprise Platform Programme is underway at the Waterford Institute of Technology with sixteen participants to date in the current Programme. As part of the ongoing drive to promote entrepreneurship in the region, Enterprise Ireland has also run a series of Enterprise START workshops to encourage potential entrepreneurs to explore their business ideas. A total of forty nine participants from Waterford have taken part in the workshops held in 2009.

The development of Community Enterprise Centres is a crucial part of EI's drive to create new regional enterprise. The agency approved funding in 2008 of €450,000 towards a new Centre in the Ballybeg area and the Cappoquin Enterprise Centre was approved a grant of €50,000 for a Manager. The annual South East Enterprise Week, which showcases successful entrepreneurs and encourages and assists current and potential entrepreneurs, will take place from 12 to 17 October this year. Throughout the South East, events will take place to promote and encourage entrepreneurship. Local Enterprise Ireland staff are closely involved in the initiative through the Spirit of Enterprise Regional Forum.

Waterford City Enterprise Board held a number of information days for the staff of Waterford Crystal, offering potential entrepreneurs the opportunity to engage and discuss the different facilities available from the CEB. The CEB has since assisted a number of employees to set up their own businesses through the provision of financial assistance and the appointment of a Mentor to assist with the development of those business plans.

The Board has refocused its training programmes to assist businesses to maintain growth and employment through the present economic crisis. Topics covered include Sales Training, Getting Paid / Controlling your Cash Flow and Overhead Cost Savings. A "Fresh Start 2009" Seminar was held on 11 September to showcase what supports are available from local agencies and organizations when exploring the idea of setting up a business. Following on from this seminar, the CEB hopes to provide a Business Idea Generation Programme for those wishing to pursue a career in entrepreneurship but may not have a clear business objective.

The Board also intends to hold a series of Business Information Clinics as well as a number of lunch-time seminars covering such topics as Marketing on a Shoe-string, Basic Book Keeping, Managing your Business Costs and Open Source Software. The Board has joined with the Business Department of Waterford Institute of Technology to hold a number of seminars on looking at self-employment as an option for future graduates. Waterford County Enterprise Board is currently working on a marketing programme with the tourism sector to increase visitor numbers and cultivate the industry in Co. Waterford. The Board is also working with Waterford IT in an attempt to revitalise the glass industry in the Region.

I am satisfied that the policies and initiatives being pursued by the Industrial Development agencies and the CEBs will continue to bring about industrial development and employment opportunities for Waterford City and Dungarvan.

John Deasy

Ceist:

174 Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of factories in Waterford city and county, on which the Industrial Development Authority has long-term lease agreements, which are empty; the cost to the State of long-term lease agreements for such premises; and if she will make a statement on the matter. [30103/09]

Under the Industrial Development Acts, the management of IDA Ireland's industrial property portfolio is a day to day operational matter for the Agency and not one in which I have a function. I am informed by the IDA that there are 6 units in Waterford City and County on which the agency has long term lease agreements, and which are currently available for use. The amount due on the balance of the leases of these 6 properties is €1,545,096. However, it is anticipated that a number of these properties will be occupied or redeveloped during that period, which has the potential to reduce this liability. It is a critical part of IDA Ireland's strategy that a portfolio of buildings be continuously available for its clients and those of Enterprise Ireland.

Redundancy Payments.

Dan Neville

Ceist:

175 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30307/09]

Dan Neville

Ceist:

176 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30308/09]

Dan Neville

Ceist:

177 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30309/09]

Dan Neville

Ceist:

178 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30311/09]

Dan Neville

Ceist:

179 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30312/09]

Dan Neville

Ceist:

180 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30313/09]

Dan Neville

Ceist:

181 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30314/09]

Dan Neville

Ceist:

202 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will ensure that statutory redundancy is awarded in respect of a person (details supplied) in County Limerick. [31034/09]

I propose to takes Questions Nos. 175 to 181, inclusive, and 202 together.

The Redundancy Payments Section of my Department has received a number of statutory Lump Sum applications from the relevant individuals in respect of their former employment with Irish Dresden (In Liquidation). My understanding is that the lump sum applications for the former employees of Irish Dresden are currently being processed, and payment is expected within the next two weeks.

Employment Support Services.

Charlie O'Connor

Ceist:

182 Deputy Charlie O’Connor asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will work with the various State agencies to tackle the unemployment situation in Tallaght; her views on the fact that Tallaght is the third largest population centre here with a very young population; and if she will make a statement on the matter. [30342/09]

The number of persons signing on to the live register in the Tallaght region as at end August 2009, stands at 10,121, an increase of 87% over the last twelve months, the number of people under 25 years of age signing on in Tallaght was 2,563 in August 2009 an 85% increase from August 2008. This reflects the national trend over that period as the economic crisis has taken hold. (Live Register up nationally by 192,672 or 77.9% in the last 12 months).

In response to the increase in unemployment my Department through FÁS, the National Training and Employment Authority, is prioritising on a national basis, the need to assist and up-skill those who have become unemployed. While activation measures will assist individuals in securing employment and enhancing their skills, the key to addressing our unemployment problem is the creation of more jobs. My Department remains strongly focussed on supporting and promoting enterprise development to create new jobs. In this regard the Enterprise Development Agencies of my Department, including IDA Ireland and Enterprise Ireland, are working to ensure that we continue to grow the economy and jobs even in the current more challenging climate.

FÁS Employment Services in Tallaght has recently undertaken one of the biggest direct marketing operations in the history of Tallaght, in conjunction with the Local Employment Service and the FÁS Training Centre. This operation directly targeted people signing on in the Local Department of Social & Family Affairs office in Tallaght by giving them information and an invitation to come into the Training Centre for a briefing on all the available courses. The first of these briefings was completed on 9th September 2009, and will continue each Wednesday in September 2009.

FÁS Employment Services also hosted the first pilot programme in the country to support the many Managers and Executives in Tallaght who have been made redundant. This Executive Networking and Support Programme was very successful with a 45% placement rate. FÁS Employment Services is also promoting the new Work Placement Programme in the area, with many employers beginning to avail of this programme. FÁS Employment Services is also working in collaboration with colleagues in Northern Ireland in placing many of the local youth from Tallaght in the Wider Horizons/ Springboard programme. There are approx 70 participants in these projects from Tallaght annually. The programme covers Media, Child Care, Leisure Industry, Performing Arts, Options etc. As part of the programme, participants gain training and work experience placement abroad in London, South Africa, Montreal and Canada.

FÁS is also enlisting the support of the local people in Tallaght to ascertain why only 60% of Tallaght people turn up for the courses offered to them. This is a major issue with the amount of time and finances wasted by this large attrition rate. By year end, FÁS Employment Services will have placed approximately 5000 clients in Tallaght on training courses despite the large attrition rate. Over the past 5 years, IDA Ireland has promoted Tallaght and South County Dublin as being well equipped to compete with other areas for potential foreign direct investment, with superb infrastructural facilities at Citywest and Grange Castle, and a third level Institute of Technology at Tallaght.

In Grange Castle, planning permission has been approved for an Advance Integrated Circuit Manufacturing and Research facility. In November 2008, Microsoft Corporation announced, that it had selected Grange Castle as the location for its new European data centre. Microsoft plans to invest $500m in the construction of the data centre and will employ up to 75 people. In addition, in July of this year Takeda had the official opening of its pharmaceutical plant in Grange Castle. This facility already employs 40 of the 60 people planned for recruitment. This facility will manufacture Takeda's blockbuster type II diabetes drug Actos. The development and manufacture of Takeda's future pipeline products for clinical trials will also take place at Grange Castle. These developments will be an invaluable tool for the future marketing of Grange Castle as a potential source of high quality and large-scale employment for the population of the environs, including Tallaght.

Enterprise Ireland's activity in Tallaght is focused on the creation of new jobs through supporting entrepreneurs in manufacturing and internationally traded services companies and by supporting entrepreneurs to set up High Potential Start-Up Companies. Enterprise Ireland works closely with the Tallaght Institute of Technology in encouraging the commercialisation of research and has approved financial support of over €2.6m to the Institute for the development and management of a Campus based Incubation Centre. This centre provides entrepreneurs with affordable space in an environment which provides support to them to research their new ideas and to afford them the opportunity to bring about new indigenous businesses. The agency has also approved support of €1.225m for a Centre of Excellence at the Institute of Technology Tallaght, the focus of which is Microsensors for Clinical Analysis.

Employment Rights.

Thomas Byrne

Ceist:

183 Deputy Thomas Byrne asked the Tánaiste and Minister for Enterprise, Trade and Employment the position in regard to a company (details supplied); the agents or agencies investigating this matter; the timetable for these investigations; the date on which her attention was drawn to this case; the agent or agency that brought it to her attention; if legislation, either primary or secondary, is being drafted to prevent this practice from being used by other companies or if such legislation exist; and if she will make a statement on the matter. [30365/09]

I assume that the Deputy is referring to a matter which has been referred to the Labour Court. The Labour Court is an independent statutory body which acts independently in the carrying out of its functions. The Deputy's question would relate to a matter concerning the day-to-day operation of the Court, and is one in which I have no function.

Redundancy Payments.

Dan Neville

Ceist:

184 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will ensure that payment will be awarded in the case of a person (details supplied). [30377/09]

An employer who pays redundancy to a qualified employee is entitled to seek a rebate from the Social Insurance Fund (SIF) in the order of 60% of the statutory amount. The Redundancy Payments Section of my Department has received statutory redundancy rebate applications from the employer concerned in respect of three of his former employees.

In the case of one of the applications the rebate payment has recently issued to the employer. Two outstanding applications received in March and April of this year await processing. Due to the unprecedented increase in the volume of claims on hand, claims received in January are currently receiving priority attention. Claims completed manually, submitted by post and received in January and claims submitted online (to www.entemp.ie) received in February are currently being processed. Claims submitted online because of their nature tend to have a faster processing time. All claims are processed strictly in order of date of receipt in fairness to all claimants.

Caoimhghín Ó Caoláin

Ceist:

185 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the redundancy payment application in respect of a person (details supplied) in Dublin 24. [30448/09]

I am pleased to advise the Deputy that the Redundancy Payments Section of my Department has completed the processing of the redundancy application for the individual concerned and that a statutory redundancy lump sum payment was authorised on the 28th of August 2009. Payment of the amount involved will follow shortly thereafter.

Caoimhghín Ó Caoláin

Ceist:

186 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of outstanding redundancy payment claims from January 2009 to date in 2009. [30449/09]

There are 41, 854 claims currently on hand as of 4th September 2009. This figure includes claims at various stages of processing, including those which were incomplete and/or which require further information to allow processing to be completed.

Unemployment Levels.

Caoimhghín Ó Caoláin

Ceist:

187 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the large increase in youth unemployment and the fact Ireland has the second highest levels of youth unemployment among young men at 26.5% in western Europe; the measures she has initiated and plans to introduce to assist young people back into the labour market; and if she will make a statement on the matter. [30525/09]

Caoimhghín Ó Caoláin

Ceist:

190 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will convene a special meeting of social partners, including youth organisations, to discuss measures to address youth unemployment; and if she will make a statement on the matter. [30529/09]

I propose to take Questions Nos. 187 and 190 together.

At the end of quarter 1, the Quarterly National Household Survey youth unemployment rate stood at 19.3%; the Central Statistics Office will release quarter 2 figures at the end of September. The Government is aware of the difficulty of providing suitable opportunities for young people in the current downturn. A number of measures have been developed to tackle the problem of the rise in youth unemployment. These include the following:

FÁS has more than doubled the number of training and work experience activation courses from 66,000 in 2008 to over 130,000.

Through the National Employment Action Plan preventive strategy, just over 5,600 clients, who crossed the three-month unemployment thresholds and who were aged 18 to 24 years, were interviewed by FÁS between January and June 2009. Either half left the Live Register or were referred to a FÁS programme.

In circumstances where there is not an immediate job available, the client will be referred to the ‘Youth into Workforce' programme.

Through the Local Training OptionsinFÁS almost 1,000 Early School Leavers have started FÁS Training and Employment Programmes in the year to June 2009.

FÁS is developing a Youth Framework outlining the services FÁS can offer to early school-leavers.

To support apprentices to complete their apprenticeship, the Government has introduced The Employer Based Redundant Apprentice Rotation Scheme which provides for the on-the-job training for redundant apprentices with employers who have released their own employed apprentices for off-the-job training.

ESB has agreed to recruit 400 redundant electrical apprentices to allow them to complete their on-the-job training and assessments.

Institutes of Technology are providing 700 places per annum on an 11-week certified training programme for apprentices.

More generally, a number of new training programmes for those who have lost their jobs in the construction sector have been introduced by FÁS.

The Government introduced a Work Placement Programme in June of this year for 2,000 unemployed, with half of the scheme earmarked for graduates who have been unemployed for six months or more, while 25% of the remaining places are earmarked for persons under the age of 25.

As part of its ongoing review of labour market policy, it is intended that officials will engage in a consultation process with key stakeholders on the priorities for unemployment policy in the near future.

FÁS Training Programmes.

Caoimhghín Ó Caoláin

Ceist:

188 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment the breakdown of the progress in filling the 16,525 training places being provided by her, announced in the supplementary budget of 7 April 2009; and if she will make a statement on the matter. [30527/09]

The total number of training and work experience activation places funded by the Department of Enterprise, Trade and Employment through FÁS in 2009 stands at over 130,000. This compares to the 66,000 equivalent places that were delivered in 2008. The breakdown of the 16,525 training and work experience activation places announced in the April 2009 Budget includes the following:

An additional 13,848 training places which have been incorporated into the overall total of 92,000 FÁS training places available for 2009. Currently, FÁS is on target to meet this overall total, including the additional training places.

Three hundred and twelve (312) of the 400 additional places, allocated to Community Employment have been filled to date, with the remaining 88 places being filled in the coming weeks. This will bring the number of places overall on Community Employment to 22,780 when the extra 400 places have been filled.

2,000 places have been created on the new Work Placement Programme, which is providing six-month places to individuals who are unemployed including graduates.

Under the Short-Time Workers Training Programme277 workers who are on a 3-day week and receiving social welfare payments for the 2 days they are not working will receive training for these days.

Caoimhghín Ó Caoláin

Ceist:

189 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of young people aged 18 to 24 years who are in receipt of jobseeker’s benefit and assistance who have been interviewed and directly assessed by FÁS and local employment service personnel with a view to progression to education, training or employment; the breakdown of the assessment; and if she will make a statement on the matter. [30528/09]

Under the National Employment Action Plan Preventive Strategy, persons on the Live Register who reach certain unemployment duration thresholds and who are in receipt of the Jobseeker's Allowance/Benefit are systematically referred by the Department of Social and Family Affairs (DSFA) to FÁS and Local Employment Service personnel for assistance. As part of this process, just over 8,100 clients, who crossed the three month unemployment thresholds and who were aged 18 to 24 years, were referred to FÁS between January and June 2009.

Out of this total, by the end of July 2009:

2,300 had not attended for interview

Over 5,600 had attended for interview by FÁS.

2,366 were placed/signed off the Live Register, of whom:

685 secured employment

614 were placed on a FÁS programme

57 returned to education

46 were in receipt of other DSFA benefits

64 had gone abroad

Just over 934 had signed off for other/unknown reasons.

3,179 were still on the Live Register, of whom:

Approximately 1,100 were still engaged, with support from FÁS, in identifying appropriate training/employment options for employment

Over 700 had been referred to a training programme

85 had been referred to an education option

134 had dropped out of the process

Over 60 were not yet ready to progress onto the labour market

Approximately 1,100 were considered to be job-ready without further intervention, and were continuing to seek employment.

FÁS Employment Services provides a fully integrated nationwide range of services and supports to assist all Jobseekers and Job Changers, who can register at one of the 71 local FÁS offices nationwide, for on-site career guidance and job placement services. In addition, FÁS Employment Services is the "Gateway" to all FÁS training and employment programmes for Jobseekers and Job Changers.

Question No. 190 answered with Question No. 187.
Question No. 191 answered with Question No. 170.

Departmental Agencies.

Pat Breen

Ceist:

192 Deputy Pat Breen asked the Tánaiste and Minister for Enterprise, Trade and Employment if increased funding will be made available to a centre (details supplied) in County Clare; and if she will make a statement on the matter. [30666/09]

The allocation of funding and places for the FÁS Mid West Region is fully committed for 2009 and, unfortunately, it is not possible to facilitate the organisation with additional participants. Funding for the FÁS Mid West Region in 2010 will only become clear when the 2010 Estimates process has been completed.

Redundancy Payments.

Dan Neville

Ceist:

193 Deputy Dan Neville asked the Tánaiste and Minister for Enterprise, Trade and Employment if a company (details supplied) will receive a refund for the payment of statutory redundancy. [30755/09]

The Redundancy Payments Section of my Department has received a number of applications from the employer in question in relation to the individuals concerned. One of these claims has already been paid. The two remaining applications, which were received during March await processing. Fairness to all claimants claims are processed in order of date received. The Department is currently processing claims received in January 2009 which were completed manually and submitted by post and online claims received during February. Claims submitted online (to www.entemp.ie) because of their nature tend to have a faster processing time.

John Perry

Ceist:

194 Deputy John Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will ensure that a person (details supplied) in County Sligo who is awaiting a State redundancy payment is awarded payment; and if she will make a statement on the matter. [30796/09]

Payment of statutory redundancy is, in the first instance, a matter for the employer. Currently the statutory entitlement for eligible employees amounts to two weeks pay per year of service plus a bonus week subject to a ceiling of €600 per week. The primary function my Department has in this area, is to ensure that all eligible employees receive their statutory entitlements either from the employer where solvent or directly in cases of insolvency.

The information available to my Department indicates that a redundancy rebate application was made by the former employer on 26 June of this year. This application was based on the submission of signed documentation from the employer which indicates that payment of statutory redundancy was made to the employee in question by the former employer on 25 June 2009. It is, therefore, unclear as to what further payment is sought in this case. Payment of the rebate to the former employer is being assessed at present.

Departmental Reports.

Joe Carey

Ceist:

195 Deputy Joe Carey asked the Tánaiste and Minister for Enterprise, Trade and Employment the additional resources she has committed to the mid-west region in response to the publication of the mid-west task force interim report of July 2009; and if she will make a statement on the matter. [30833/09]

Joe Carey

Ceist:

196 Deputy Joe Carey asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will implement in full the key recommendations of the mid-west task force report; and if she will make a statement on the matter. [30834/09]

Joe Carey

Ceist:

197 Deputy Joe Carey asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the mid-west task force interim report; and if she will make a statement on the matter. [30835/09]

Pat Breen

Ceist:

198 Deputy Pat Breen asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Parliamentary Question No. 41 of 2 July 2009, the progress on finalising the mid-west jobs task force; when the final report of the mid-west jobs task force will be completed and published; and if she will make a statement on the matter. [30880/09]

Jimmy Deenihan

Ceist:

222 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Enterprise, Trade and Employment the timescale for the implementation of the report of the mid-west task force, which she established following the closure of a company (details supplied); and if she will make a statement on the matter. [31785/09]

I propose to take Questions Nos. 195 to 198, inclusive, and 222 together.

In February, 2009, I established the Mid-West Task Force, chaired by Mr Denis Brosnan. I received the Task Force's interim Report in July, which contained a wide range of recommendations. As many of these come within the remit of fellow Government colleagues, I am currently in the process of seeking their views on the recommendations. In the meantime, of course, the Government has been responding to the economic downturn generally and has taken numerous initiatives, for example in relation to competitiveness, employment activation measures and the EU globalization fund in relation to individual companies, all of which have particularly benefited regions affected by job losses, including the Mid West region. As regards the final report of the Task Force, Mr. Brosnan indicated previously that this would take some 18 months from February, 2009.

Since the job losses announcement by Dell last January, all of the State development agencies, under the auspices of my Department, have come together and intensified their efforts and activities to support Dell and other workers being made redundant in the region. In the case of IDA, its strategy is to re-position the Mid-West as a centre for knowledge based industry, while focusing on marketing the Limerick/Shannon Gateway as a key location for investment, by building on the strengths already evident in the region. IDA also cooperates with the existing base of employers to encourage additional investment, particularly in activities such as R&D, customer support and back office functions. For example, 8 projects with a job potential of 1,073 were announced by multinational companies in the Mid West in 2008 and the beginning of 2009.

Shannon Development has intensified its engagement with its Shannon Free Zone clients and, along with the other State development agencies, is actively promoting a range of support measures announced by Government to assist companies who are experiencing trading difficulties at this time.

EI is working collaboratively with other state agencies in providing information and support to those facing redundancy. Túsnua was set up in late 2008 to alleviate the pending impact of lay-offs announced by a number of major employers in the Shannon region, which would take effect in early 2009. Túsnua has hosted a number of information events in the region with over 1,500 attendees to date. EI and the Limerick County Enterprise Board have run a series of workshops in house in Dell and are in constant contact with the company, so as to respond quickly to requests for programmes/meetings etc., with anyone wishing to start a business.

As at the end of August 2009, FÁS Employment Services has engaged on a one-to-one basis with a total of 900 staff that have exited the Dell facility through redundancy since May 2009. FÁS has provided intensive on site guidance and information service to the affected workers, with the primary aim of securing other employment, training or further education. In order to meet the substantial additional costs of the measures described above and other costs, my Department has submitted an application to the European Commission, under the EU Globalisation Fund, for support in the provision of labour market services to redundant workers from Dell and downstream companies.

Employment Action Plan.

Leo Varadkar

Ceist:

199 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the proposed new action plan for the national supported employment programme with particular reference to the requirements that participants be work ready; and if she will make a statement on the matter. [30917/09]

Discussions with relevant stakeholders are currently taking place between the Department of Enterprise, Trade and Employment and FÁS with a view to reaching agreement on the FÁS action plan. The action plan has been developed by FÁS for implementing recommendations contained in a recent review of the Supported Employment Programme. Overarching stakeholder consultations are being managed under the Department's Consultative Forum on an employment strategy for people with disabilities. It is hoped that agreement of the various stakeholders can be achieved as soon as possible on a number of issues relating to the action plan, including a definition relating to all eligibility criteria for entry to the service, with a view to undertaking a national launch as soon as possible of a re-branded and more efficient supported employment service for people with disabilities.

Employment Rights.

Noel Ahern

Ceist:

200 Deputy Noel Ahern asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress made in the sector since completion of the examination of the brick/block laying sector of the construction industry report in October or November 2006; the recommendations of same; and the progress made on each since. [31023/09]

In late 2003 the National Implementation Body (NIB), which comprises representatives from the Department of the Taoiseach, IBEC/CIF and ICTU, commissioned Mr. Phil Flynn and Mr. Tom Mallon to examine the reasons for the pattern of industrial relations difficulties in the bricklaying sector of the construction industry. The Report was delivered to the NIB in October 2006 and made available to the parties directly involved. The Report contained recommendations that the authors considered, if implemented, to be likely to result in a restoration of ‘normality' to industrial relations in the sector. The authors noted moreover that there seemed to have been a decrease in the frequency of disputes since the Report had been commissioned.

The recommendations in the Report were largely addressed to the parties concerned and were regarded as a package, to be accepted in full by the employers' and workers' representatives. I understand that while the Construction Industry Federation accepted the Report, the Building and Allied Trades' Union could not accept it in full.

Many of the issues identified in the Report were, in parallel, pursued by Government with the social partners as part of a range of employment rights measures that were subsequently agreed within the framework of the Towards 2016 and subsequent Review and Transitional Agreements. These have been reflected in the establishment of the National Employment Rights Authority, and in enhanced liaison between NERA's operations and the Revenue Commissioners and the Department of Social and Family Affairs. The maintenance of employment standards in the construction sector has also been advanced through the revised contractual conditions that apply under the new Forms of Construction Contracts for Public Works. The Towards 2016 Transitional Agreement also provided for a number of legislative commitments in this area to which the Government has responded in particular through the introduction of the Employment Law Compliance Bill 2008 and the Industrial Relations (Amendment) Bill 2009, which are aimed at strengthening protections for employment standards.

Community Employment Schemes.

Noel Ahern

Ceist:

201 Deputy Noel Ahern asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the regulations on eligibility for community employment schemes and, in particular, the reason persons who take up a week’s work during a period of unemployment should be adversely affected; if she will examine such rules; if the negative message that such rules send is appropriate in today’s different circumstances; and if the matter can be examined with a view to changing rules and making them fairer. [31029/09]

Community Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons (including those with a disability) with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps long-term unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills. To facilitate some short-term employment opportunities, breaks off the live register up to 30 days in total are permissible within the 12-month eligibility period, while still maintaining eligibility for CE.

The reason for the 30-day live register break rule is to ensure that the programme responds to its primary target group of long term unemployed clients. Many unemployed people engage in work of a temporary nature. If the programme were open to these individuals, there is a danger that people would leave their employment, albeit of a temporary nature, in order to participate in Community Employment. This would be contrary to the objective of the programme and result in a Labour Market Intervention competing with the open labour market. In circumstances where breaks off the live register exceed 30 days, other interventions may be more appropriate than CE in these instances.

CE still remains as an active labour market programme with the emphasis on progression into employment. The programme is managed within this context, with consideration to the availability of resources and the needs of participants and the community. This Government will continue to support the positive role of CE in meeting the needs of long-term unemployed persons while at the same time providing essential services to communities. I am keeping the operation of the Scheme under constant review in the context of the current difficult unemployment situation.

Question No. 202 answered with Question No. 175.
Questions Nos. 203 to 205, inclusive, lapsed.

Departmental Staff.

Niall Collins

Ceist:

206 Deputy Niall Collins asked the Tánaiste and Minister for Enterprise, Trade and Employment if civil servants from her Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of her Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to her Department as their direct employer; her policy in this regard; and if she will make a statement on the matter. [31227/09]

Civil Servants from my Department who are members of boards of agencies, including commercial and non — commercial State bodies are not in receipt of any fee, salary or remuneration for holding such a position. Travelling and subsistence allowances, at the rate and subject to the regulations appropriate to Civil Servants, are payable in respect of necessary travel undertaken in connection with the board members duties.

The Chief Executive of IAASA, who is a seconded civil servant, is, in accordance with the terms of Companies (Auditing and Accounting) Act, 2003, a member of the Board of directors. The Code of Practice for the Governance of State Bodies provides that, where a State Body's Chief Executive is also a Board member, the post holder may be paid an annual director's fee at the rate approved by the Minister from time to time. Ministerial approval has been granted in this respect. The current rate payable is €8,100 per annum.

Redundancy Payments.

Sean Sherlock

Ceist:

207 Deputy Seán Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Cork will receive their statutory redundancy payment; and if she will make a statement on the matter. [31259/09]

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.

The Redundancy Payments Section of my Department received a statutory lump sum application from the individual concerned on 11 May 2009. When an employer claims inability to pay, the onus is on the employer to provide sufficient proof to substantiate the claim. In this case further information had to be requested from the employer to allow a decision to be reached. This has caused a further delay in paying the applicant, in addition to the delays being experienced arising from the unprecedented high volume of claims on hand. However, the required information has been received and the claim is now being processed, and payment should be made within two weeks.

Employment Support Services.

John Cregan

Ceist:

208 Deputy John Cregan asked the Tánaiste and Minister for Enterprise, Trade and Employment the supports that are available from her Department for a person who was made redundant and wishes to start up their own business. [31330/09]

The County and City Enterprise Boards (CEBs) can provide support to new business start-ups and micro-enterprises (i.e. small businesses with ten employees or fewer). Subject to certain eligibility criteria new and developing enterprises may qualify for financial support from the CEBs in the form of Feasibility, Employment and Capital Grants. All of the CEBs operate to the same criteria in relation to the assistance which they can offer i.e. they can support the establishment and/or the development of micro-enterprises provided that the projects, which should generally be in the manufacturing and internationally traded services sector, have the capacity to achieve commercial viability and which, over time, may develop into strong exporting entities. In addition, the CEBs deliver a range of non-financial supports to improve management capability development within micro-enterprises designed to assist enterprises to develop their growth potential.

Anyone who wishes to start their own business should in the first instance contact their local County Enterprise Board (details of all Boards are available on www.enterpriseboards.ie) to seek appropriate advice.

Job Initiative.

Pat Breen

Ceist:

209 Deputy Pat Breen asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans for the jobs initiative scheme; if funding will continue to be provided for this scheme; and if she will make a statement on the matter. [31421/09]

The Job Initiative Programme (JI) which was launched in July 1996 continues to provide full time employment for people who are 35 years of age or over, unemployed for five years or more, and in receipt of Social Welfare payments over that period. The main purpose of the programme is to assist long-term unemployed people to prepare for work opportunities by providing participants with work experience, training and development opportunities. The programme is sponsored by voluntary organisations and public bodies involved in not-for-profit activities.

Following changes introduced on 10 November 2004 by Minister Micheál Martin no new entrants have been admitted onto the Job Initiative Schemes. However, contracts for existing participants are renewed allowing them the option to continue until they are 65 years of age. The 2009 budget for the Job Initiative is €39 million and there are currently 1,444 participants with this number decreasing annually due to retirement and other reasons.

Job Creation.

Sean Sherlock

Ceist:

210 Deputy Seán Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of site visits made by the Industrial Development Authority to Fermoy, County Cork; the initiatives that are being taken to attract new enterprises to Fermoy; and if she will make a statement on the matter. [31555/09]

The marketing of individual areas for new or expansion foreign direct investment (FDI) and jobs is a day-to-day operational matter for IDA Ireland as part of the statutory responsibilities assigned to it by the Oireachtas and not one in which I have a function. The situation is set out in my reply today to a separate question from Deputy Sherlock.

In line with the National Spatial Strategy, IDA is actively marketing Fermoy as part of the broader North Cork region, which includes the towns of Mallow, Mitchelstown, Fermoy, Kanturk, Charleville, Newmarket and Millstreet. IDA strives to attract companies from across the full range of IDA targeted sectors, such as Pharmaceuticals, Medical Technologies, Information and Communications Technologies (ICT) and Internationally Traded Services via its network of overseas offices and project divisions. In addition the Agency continues to work closely with its existing clients in the area to encourage the expansion of their operations.

However, in the final analysis it is the investor who decides where to visit and where to locate.

Industrial Development.

Sean Sherlock

Ceist:

211 Deputy Seán Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will agree to a meeting with Fermoy Town Council, County Cork, with regard to the Industrial Development Authority site in the town; and if she will make a statement on the matter. [31556/09]

The management of IDA Ireland's industrial property portfolio, including the creation and marketing of business parks, are day-to-day operational matters for the agency as part of the statutory responsibility assigned to it by the Oireachtas and not matters in which I have a function.

I understand from IDA Ireland that it has approximately six hectares available on the Fermoy Business and Technology Park. To date the Agency has undertaken a number of initiatives to develop and market the lands. IDA Ireland has carried out master planning of the park, landscaped the entrance area and submitted and received planning permission for an advanced technology unit. This pre-planning work could potentially encourage a prospective investor to the park. IDA also provides property solutions to Enterprise Ireland Clients, and in this connection the Agency has completed a land sale to an indigenous company. I understand, however, that the company in question has not yet proceeded with their plans to build on the park. IDA continues to promote the park via its overseas offices and in response to queries from prospective investors. I understand that at present IDA is engaged with a prospective investor who has visited the park and has expressed interest in acquiring a site on the park. I hope that this and other proposals can lead to employment gains in Fermoy. A meeting can be arranged at the appropriate time. To date there has been no request from the Council.

Departmental Expenditure.

Damien English

Ceist:

212 Deputy Damien English asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount of money spent on advertising and promotions in her Department and each agency under her aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if she will make a statement on the matter. [31576/09]

The amount spent by my Department and the Offices of my Department on advertising and promotions in years 2004, 2005, 2006, 2007 and to the end of August 2009 is outlined in the following table.

Year

Amount spent on advertising and promotions in the Department of Enterprise, Trade and Employment and its Offices

2004

1,012,238

2005

1,482,489

2006

1,146,229

2007

3,260,194

2009

191,571

The increase in expenditure in 2007 over 2006 can be attributed to a campaign for the promotion of Employment Rights compliance. In respect of the State Agencies under the aegis of my Department, I have asked the State Agencies concerned to respond directly to the Deputy with the information requested.

Foreign Conflicts.

Darragh O'Brien

Ceist:

213 Deputy Darragh O’Brien asked the Tánaiste and Minister for Enterprise, Trade and Employment the measures she takes to ensure that imported goods purporting to be from Israel are not from illegal Israeli settlements and thus do not benefit from the preferential trade agreement the EU has with Israel; and if she will make a statement on the matter. [31603/09]

Darragh O'Brien

Ceist:

214 Deputy Darragh O’Brien asked the Tánaiste and Minister for Enterprise, Trade and Employment the value of the goods originating in illegal Israeli settlements imported into Ireland in 2008. [31604/09]

Darragh O'Brien

Ceist:

215 Deputy Darragh O’Brien asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to an article from an Israeli business magazine (details supplied) which refers to methods that businesses based in illegal settlements use to circumvent paying the correct import taxes for goods they export to EU countries; and if she will make a statement on the matter. [31605/09]

Darragh O'Brien

Ceist:

216 Deputy Darragh O’Brien asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount of money brought into the Exchequer by charging the higher import tax on goods from illegal Israeli settlements. [31606/09]

Darragh O'Brien

Ceist:

218 Deputy Darragh O’Brien asked the Tánaiste and Minister for Enterprise, Trade and Employment the names of the companies and the products originating in illegal Israeli settlements imported into Ireland in 2008; and the breakdown of the value of imports from each company. [31608/09]

I propose to take Questions Nos. 213 to 216, inclusive, and 218 together.

I am not familiar with the article mentioned by the Deputy but I would like to assure him that Ireland, along with EU partners, regards all Israeli settlements in either the West Bank or East Jerusalem as illegal under international law and accordingly any goods produced in those settlements clearly should not benefit from any preferential trade arrangements between the EU and Israel.

Trade relations between the EU and Israel are currently governed by the EU-Israel Association Agreement. This provides preferential customs status for certain goods traded between the EU and Israel. Consequently, some companies operating in Israel may benefit from exemptions from, or reductions of, import tax or duties when exporting to the EU. Goods exported to the EU from illegal Israeli settlements cannot benefit from these preferential arrangements. In order to ensure that products from these settlements do not benefit from preferential treatment and exemptions, exports to the EU from Israel are subject to proof of origin requirements. This requirement enables customs authorities in each EU member state to identify goods from Israeli settlements and to apply the relevant import duties.

As the competent Irish authority, the Revenue Commissioners Customs Service implement rules of origin controls on imports of goods into Ireland from Israel and Israeli settlements and apply the appropriate tariff duties. The official import data that is collated by the Central Statistics Office, lists the value of imports by reference to the country of origin and also the main categories of commodities involved for each country as a whole. Breakdowns by individual exporting companies or by areas/towns within the relevant country, are not compiled. Accordingly it is not possible to provide the detailed information sought by the Deputy in this case.

I am advised by the Revenue Commissioners however, that, in the limited time available and based on an initial examination of their records, they have identified total imports from Israel to the value of €71,658,555 in the period from 1 October 2008 to date but it has not been possible to arrive at a definitive statement of the total duty collected in these cases. Within the aforementioned amount, entitlement to preferential duty was claimed in respect of goods to the value of €31,400,605. It is not possible to state with any certainty the reasons why the remaining goods would not have qualified for preference.

Food Labelling.

Darragh O'Brien

Ceist:

217 Deputy Darragh O’Brien asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on preparing guidelines for retailers here regarding the way to label illegal settlement produce in order that consumers can differentiate between Palestinian produce and illegal settlement produce. [31607/09]

The Consumer Protection Act 2007 includes specific provisions in relation to the provision of information to consumers in the course of commercial transactions. Specifically the Act provides that the provision of false information in relation to the geographical or commercial origin of a product and where that information would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make, that such a practice is a misleading commercial practice. Traders who engage in misleading commercial practices commit an offence and are liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided for under the Act. Evidence of traders engaging in misleading commercial practices should be brought to the attention of the National Consumer Agency, which is the body responsible for the enforcement of the Consumer Protection Act 2007.

Question No. 218 answered with Question No. 213.

Company Closures.

Fergus O'Dowd

Ceist:

219 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will intervene to save more than 100 jobs at a factory (details supplied) in County Louth; and if she will make a statement on the matter. [31625/09]

I am acutely aware of the consequences of the proposal for closure of the IFF facility in Drogheda, County Louth. IDA has had interaction with the company's headquarters in the United States in recent times. Notwithstanding this, IFF is considering the closure of the operation. I have asked IDA to bring local concerns to the attention of IFF Corporate and to use its best endeavours to minimise the impact of the decision.

FÁS Training Programmes.

Jimmy Deenihan

Ceist:

220 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will request FÁS to extend the local training initiative to include the construction of community facilities, including sports halls and community centres, to enable apprentices to complete their apprenticeships and to provide employment opportunities for other unemployed people; and if she will make a statement on the matter. [31690/09]

The FÁS Local Training Initiative (LTI) programme is a project-based training and work experience programme carried out in local communities and run by local community groups. The LTI provides alternative early training interventions for socially excluded clients and is designed to reach out to niche marginalised groups and provide individually based training tailored to meet locally identified needs.

There is a wide range of activation measures both aimed specifically at redundant apprentices such as the Employer Based Redundant Apprentice Rotation Scheme and the provision of 700 places annually at Institutes of Technology for redundant apprentices, and more generally at the unemployed which the Government has implemented or deepened since the April budget.

Activation measures aimed at assisting the unemployed back to work or to retaining vulnerable jobs include over 130,000 training and work experience places funded by my Department through FÁS including 22,700 Community Employment places, a Work Placement programme, a Short-Time Workers training programme and an Employment Subsidy Scheme (Temporary). Moreover, additional activation oriented measures are being funded by the Department of Education and Science to provide significant numbers of part-time third level courses for the unemployed or those on short time working. Full details of all relevant measures have been given to the House previously.

Departmental Programmes.

David Stanton

Ceist:

221 Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the cost of administering the cycle-to-work scheme in her Department in 2009; and if she will make a statement on the matter. [31710/09]

There is no discernible cost to this Department's vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the exemption from income tax, PRSI or levies on that part of an employee's salary foregone in the purchasing of a bicycle and bicycle safety equipment under the scheme.

Question No. 222 answered with Question No. 195.

FÁS Training Programmes.

Willie Penrose

Ceist:

223 Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason, in the current economic circumstances, FÁS charges €120 per course in respect of on-line training courses, which would be available to self-employed people who have lost their jobs, and are looking at retraining as an option, and where in the circumstances a series of such courses in the software area might be necessitated, but because self-employed people are not registered as unemployed, or in receipt of jobseeker’s assistance, they are compelled to pay for same; her views on whether such on-line training would be a cost effective way of offering assistance to people who were self-employed and whose employment is gone; and if she will request that FÁS reconsider same in this context and in view of the economic climate; and if she will make a statement on the matter. [31792/09]

On-line training courses are available free of charge to all persons who are in receipt of unemployment benefit. FÁS may also allow free access to those persons who have evidence that they are unemployed but who are not in receipt of unemployment benefit. Such cases are decided on an individual case-by-case basis.

Ministerial Expenses.

George Lee

Ceist:

224 Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount that has been claimed in expenses by each Minister and Minister of State in her Department from 1997 to 2008; the reasons these expenses were claimed; and if she will make a statement on the matter. [31945/09]

It has not been possible, in the time available, for my officials to collate the information sought by the Deputy. My Department has changed its financial management systems over the period since 1997 and therefore it is not feasible to provide the information requested by the Deputy for the years prior to 2002. However, I will write to the Deputy shortly with the information he has requested for the period 2002 to 2008 inclusive.

Communications Masts.

Mattie McGrath

Ceist:

225 Deputy Mattie McGrath asked the Minister for Finance the reason behind the new antenna structure located at Cahir Garda station, County Tipperary; the number of antennae on this structure and their purpose; the further reason there was no planning permission advertised for same; and if he will make a statement on the matter. [30140/09]

The telecommunications mast at Cahir Garda Station was recently replaced by a structurally stronger tower to facilitate the roll out of the NDRS (National Digital Radio Service) to provide an improved telecommunications system for An Garda Síochána. There are nine antennae located on the new mast, five of which are Garda Síochána antennae, as on the original mast. Four additional antennae have been installed to facilitate the NDRS. The development was carried out in accordance with the exempt development provisions of the Planning and Development Regulations, 2001.

Public Service Contracts.

Michael D'Arcy

Ceist:

226 Deputy Michael D’Arcy asked the Minister for Finance if he contracted a company (details supplied) to build facilities on behalf of the State; if he is satisfied that sub-contractors were paid for works carried out; and if he will make a statement on the matter. [30168/09]

OPW has had a contractual relationship with the company referred to by the Deputy on a number of occasions in the past. The Commissioners of Public Works have no formal knowledge of contractual arrangements , which may exist between a Main Contractor of a project and its sub-contractors. Payment to sub-contractors is the responsibility of a Main Contractor.

Energy Conservation.

Lucinda Creighton

Ceist:

227 Deputy Lucinda Creighton asked the Minister for Finance the number and percentage of light bulbs in his Department which are energy saving light bulbs; and if he will make a statement on the matter. [30169/09]

It has been the practice for many years in the public sector to utilise energy saving lighting. It is not possible to give a precise number or percentage of energy saving light fittings for any particular Department. Fluorescent lighting is used for internal lighting in all Government Department buildings, except in the most unusual circumstances. Such circumstances are due to technical or aesthetic reasons where there is no low energy lighting appropriate to the application. Practically all external lighting is low energy.

Insurance Industry.

Thomas Byrne

Ceist:

228 Deputy Thomas Byrne asked the Minister for Finance the actions he proposes to deal with the huge rise in insurance premia seen here in 2009; the impact this has on our national competitiveness; and if he will make a statement on the matter. [30331/09]

I am aware that there has been an increase in insurance premiums this year. This increase however has to be considered against a backdrop of the continuing stress in the financial markets and the recessionary pressures in the economy which is affecting all financial service providers including the insurance industry. My Department has been advised by the Financial Regulator that while the non-life insurance market performed well up to the end of 2006, market sources indicate that much non-life business was written at a loss in 2007. This trend continued in 2008, but the companies were still willing to write business at a loss in order to maintain their market share. They were able to do this as a result of the reserves they had built up during profitable years. However, the situation could not go on indefinitely and indications are that firms are now taking action on pricing to underpin their financial positions.

This position is supported by a report published earlier this year by Standard & Poor's titled ‘ A Testing 2009 for the Irish Non-Life Insurance Market, Despite Fundamental Strengths’. It provides an insight into the problems facing the industry at the moment. The report envisages a difficult year for the non-life industry as a result of rising claims and continuing intense competition which they say is limiting price increases. They add that this combined with anticipated lower investment returns is expected to hinder profitability.

In the current difficult trading climate, there is a delicate balance to be struck between ensuring the long-term sustainability of the insurance industry and at the same time making sure that the consumer obtains good value for money. I am particularly conscious of the impact of a significant increase in premiums for both the consumer and business and it must be a priority for insurance companies to ensure that insurance cover is provided as competitively as possible consistent with long term commercial sustainability and viability.

In conclusion, the recent upward trend in insurance prices reflects a range of factors outside the control of the industry. It would not, therefore, be appropriate from a policy perspective to seek to intervene in the commercial conduct or decision making of insurance firms in the absence of clear evidence of market failure in respect of which there is scope to address from a national perspective.

Departmental Expenditure.

Pat Breen

Ceist:

229 Deputy Pat Breen asked the Minister for Finance the cost of rental for the agricultural office in Limerick for the past five years; and if he will make a statement on the matter. [30493/09]

The rent paid to date in respect of the Department of Agriculture, Fisheries and Food office at Raheen Business Park, Limerick since the commencement of the lease on 1 May 2005 is €1,556,703.67. Service charges in the amount of €147,319.24 have also been paid in respect of these premises.

Tax Collection.

Pat Breen

Ceist:

230 Deputy Pat Breen asked the Minister for Finance his plans to combat the sale of illicit cigarettes here; his further plans to tackle same on an EU wide basis; and if he will make a statement on the matter. [30564/09]

Pat Breen

Ceist:

231 Deputy Pat Breen asked the Minister for Finance the number of seizures of illegal cigarettes here for the past three years; the value of those seizures; the point of entry where the seizures were made; and if he will make a statement on the matter. [30565/09]

Seán Barrett

Ceist:

240 Deputy Seán Barrett asked the Minister for Finance the steps he will take to address the illegal market in tobacco products that is costing the State €387 million per annum in lost revenue, and retailers €496 million in lost sales turnover, while undermining the efforts of small retail businesses to provide employment and retail services to local communities; and if he will make a statement on the matter. [30160/09]

Thomas Byrne

Ceist:

243 Deputy Thomas Byrne asked the Minister for Finance if his attention has been drawn to a problem regarding the importation of cigarettes; his views on whether this is a significant drain on revenue here; the action he will take in relation to same; and if he will make a statement on the matter. [30319/09]

I propose to take Questions Nos. 230, 231, 240 and 243 together.

I am informed by the Revenue Commissioners, who are responsible for the collection of tobacco products tax and tackling the illicit trade in cigarettes and tobacco products, that the information requested by the Deputies is as follows. Revenue's current strategy for tackling this illicit trade is focussed both on intercepting and seizing illicit consignments at the point of importation and also on carrying out checks at retail outlets, markets and commercial premises etc.

Interception at the point of importation is achieved through a combination of freight intelligence, risk profiling and scanning in the case of smuggling in maritime freight. In the case of passengers arriving by air from high risk source countries where cheap cigarettes are available, targeting smugglers is carried out on the basis of risk profiling by Revenue Officers based at all the main airports. Where feasible, large consignments are placed under surveillance and allowed to proceed to their destination under a controlled delivery with a view to identifying those responsible for the importation. These controlled delivery operations are normally carried out on a multi-agency basis with the assistance of the Garda.

Illicit cigarettes that escape detection at the point of importation are also seized inland in the course of intelligence-based and random checks carried out at retail outlets, markets, commercial premises etc. Follow-up investigations are also conducted with a view to identifying those responsible and instituting criminal proceedings where the necessary evidence has been obtained.

Revenue's strategies in relation to detection of tobacco offences are under continuous review. This includes the adequacy of existing staffing resources and equipment. In this regard, taking cognisance of the interception and seizure of a number of consignments of counterfeit cigarettes bearing counterfeit Irish tax stamps concealed in maritime freight imported from China, it is planned to introduce a new tobacco tax stamp with added security features shortly. In addition, the purchase of a second mobile container scanner has been approved, and this, when deployed, will increase Revenue's detection capability at ports.

The tackling of cigarette smuggling on an EU wide basis is co-ordinated by the European Anti-Fraud Office (OLAF) which has established a special task force (entitled OLAF Task Group Cigarettes) for this purpose. Revenue actively co-operates and shares information with this group and also with Customs Administrations in other Member States. In addition, Ireland, along with the other Member States, has ratified two international agreements concluded by OLAF with global cigarette manufacturers Philip Morris International and Japan Tobacco International, with a view to tackling the illicit trade in counterfeit and contraband cigarettes.

As regards the smuggling of counterfeit cigarettes from the Far East, the extent of the problem is evident from the fact that out of 90m cigarettes seized in maritime freight in 2008, 57m were counterfeit, while over 23m counterfeit cigarettes have been seized to date in 2009 out of a total of 30m detected in maritime freight. China is currently the primary source of counterfeit cigarettes and Revenue has sought the assistance of OLAF's Liaison Officer based in Beijing with a view to tackling this problem at source by requesting the assistance of the Chinese Authorities.

Revenue also works closely with the individual tobacco manufacturers and the Irish Tobacco Manufacturers Advisory Committee (ITMAC) with a view to identifying illicit cigarettes on sale in the State as well as current trends and trading patterns. There is close co-operation and sharing of information between Revenue and the Office of Tobacco Control (OTC). It is not possible to accurately determine the potential tax loss as a result of the illicit tobacco trade. The figure of €387m quoted is equivalent to approximately 20% of the market and Revenue would tentatively accept this is an estimate of the amount of untaxed cigarettes consumed in Ireland. However, it is important to note that such estimate includes legal cross-border shopping purchases for personal consumption and not only smuggled counterfeit and contraband cigarettes.

Statistics in relation to seizures since 2006 are set out in the following table. The majority of maritime seizures are made at Dublin Port while most seizures from passengers arriving by air are made at Dublin Airport. Cigarettes have also been seized at the ports of Rosslare, Waterford and Cork and at Cork, Shannon and Regional Airports. Most postal seizures are made at Portlaoise Mail Depot.

Year

Number of Seizures

Number of Cigarettes

Estimated Retail Value

Revenue at Risk

Break-down of the quantity seized by means of importation

Maritime Freight

Pax by air

Post

(Million)

(€ Million)

(€ Million)

%

%

%

2006

17,276

52.38

17.99

14.40

50.6

37.4

12.0

2007

15,481

74.52

25.60

20.49

39.8

54.0

6.2

2008

10,191

135.24

49.23

39.49

67.6

30.0

2.4

2009 (August)

7,158

60.69

25.56

20.34

58.4

37.0

4.6

Electronic Mail.

Charles Flanagan

Ceist:

232 Deputy Charles Flanagan asked the Minister for Finance in respect of section 31(a) of the Statutory Instruments Act 1947, if he will clarify the inclusion of transmission by electronic mail as being in compliance with the legislation; and if consideration will be given towards using electronic mail transmission rather than ordinary prepaid postage; and if he will make a statement on the matter. [30819/09]

Section 3(1)(a) of the Statutory Instruments Act,1947, as amended by section 1 of the Statutory Instruments (Amendment) Act 1955, provides that a copy of every Statutory Instrument is sent to named bodies listed in the Act, including the National Library of Ireland, the Law Library, Four Courts, etc. I have sought the advice of the Attorney General as to whether electronic mail would satisfy the requirement of the Act or whether further amending legislation would be required. However, I consider that the measure proposed by the Deputy is a sensible one and I intend to ensure that it is examined thoroughly and expeditiously.

Betting Offices.

Jimmy Deenihan

Ceist:

233 Deputy Jimmy Deenihan asked the Minister for Finance the regulations which apply to bookmakers in respect of opening hours; his plans to review these regulations with a view to extending the permissible opening hours; and if he will make a statement on the matter. [30862/09]

Jimmy Deenihan

Ceist:

234 Deputy Jimmy Deenihan asked the Minister for Finance if he has examined either the impact on employment or the impact on taxation revenue due to the Exchequer arising from the regulatory approach to bookmakers opening hours; and if he will make a statement on the matter. [30863/09]

I propose to take Questions Nos. 233 and 234 together.

The permitted opening times of registered betting premises were originally provided for in the Betting Act, 1931. The Act has been amended in particular by the Finance Act 1998 and the Finance Act 2007. The 1998 changes extended the opening hours of betting shops to cater for the growing trend towards evening race meetings and Sunday racing. The 2007 changes extended the opening times of betting shops up to 10.00 p.m. during the ‘winter period' on evenings when a race-meeting is scheduled at an authorised racecourse.

The current legislation covering opening hours of betting shops in summary sets out that:

registered premises cannot be open for business on Christmas Day, Good Friday or Easter Sunday,

from 1 April to 31 August in any year, registered premises cannot open before 7.00 a.m. or after 10.00 p.m., and

from 1 September to 31 March in any year, registered premises cannot open before 7.00 a.m. or after 6.30 p.m., unless a race-meeting at an authorised racecourse is taking place on or after 6.30 p.m. On days on which such a race-meeting is taking place, registered premises can remain open for business until 10.00 p.m.

While a range of issues including revenue yield, employment and social concerns, would be taken into account in considering any changes to the opening hours for betting shops, I have no plans at present to change the current permissible opening hours.

Flood Relief.

Mattie McGrath

Ceist:

235 Deputy Mattie McGrath asked the Minister for Finance the reason two drainage schemes (details supplied) in County Tipperary were discontinued; and if he will make a statement on the matter. [30895/09]

Maintenance of the drainage schemes referred to by the Deputy is the responsibility of the relevant Local Authorities. Laois, Kilkenny and Tipperary County Councils share responsibility for the Goul Scheme, while Kilkenny and Tipperary County Councils are responsible for the Kilbride drainage scheme.

Michael Ring

Ceist:

236 Deputy Michael Ring asked the Minister for Finance if he will provide funding to flood affected areas (details supplied) in County Mayo; if he will visit the areas; and if he will make a statement on the matter. [30959/09]

Michael Ring

Ceist:

276 Deputy Michael Ring asked the Minister for Finance if he will ascertain from the Office of Public Works if it will provide funding to flood affected areas (details supplied) in County Mayo; if he will visit the areas; and if he will make a statement on the matter. [30958/09]

I propose to takes Questions Nos. 236 and 276 together.

The damage caused in the areas referred to mainly affected public roads. The provision of funding in relation to remedial works for such infrastructure would be a matter for the Department of Transport. The role of the OPW is to work with Mayo County Council to reduce the risk of further flooding. In this regard, the OPW recently wrote to local authorities setting out criteria that the OPW will use to judge the merits of requests for funding for small scale flood alleviation works and studies, to be undertaken by local authorities to address localised flood problems, particularly where a mix of homes, businesses and infrastructure is involved.

The local authorities were requested by the OPW to identify and prioritise such works in their administrative areas. It would be open to Mayo County Council to consider submitting an application in respect of the particular areas referred to by the Deputy in his Parliamentary Question, provided the works proposed by the Council meet the specified criteria, and provided the Council is satisfied that they also are of sufficient priority to warrant consideration for funding. Any request received by the OPW from the Local Authorities will be given full consideration, having regard to overall resources availability.

Departmental Correspondence.

James Bannon

Ceist:

237 Deputy James Bannon asked the Minister for Finance the reason that a reply to representations on behalf of persons (details supplied) in County Westmeath took three months; and if he will make a statement on the matter. [30136/09]

The Office of Public Works endeavours to deal with all correspondence as quickly as possible, while ensuring that the matters raised are fully addressed in the response. Due to the pressure of work on the staff involved, it was not possible, in this particular case, to respond to the representations made within the normal target period.

Tax Code.

Terence Flanagan

Ceist:

238 Deputy Terence Flanagan asked the Minister for Finance the implications for lump sums in regard to the levy he introduced in the supplementary budget on 7 April 2009; and if he will make a statement on the matter. [30151/09]

The position is that income levy is charged on an individual's aggregate income for a tax year. Aggregate income includes lump sums, both bonus payments and retirement lump sums. In the case of retirement lump sums only that part of the lump sum which is liable to income tax is subject to the income levy.

The supplementary budget increased the rates of income levy. These increased rates apply to a person's aggregate income for the year 2009 as a whole. However, in recognition of the fact that persons who were in receipt of termination lump sum payments in the period 1 January 2009 to 30 April 2009 had already paid income levy at the rates originally announced in the budget on 14 October 2008, the supplementary budget and subsequent Finance Act 2009 provided that the levy payable on such lump sums would remain unchanged. If, however, the annualised increased rates of income levy give a more favourable result those affected may elect for the annualised rates to apply. This treatment does not apply to bonus payments, or retirement lump sums paid on or after 1 May 2009.

Flood Relief.

Finian McGrath

Ceist:

239 Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [30156/09]

My Officials in the Office of Public Works (OPW) met with their counterparts from Dublin City Council (DCC) on 29 July in relation to the flooding issue in the general Donnycarney areas caused by the extreme rainfall on 2 July. At the meeting, the City Council tabled an Interim Report on the issue, carried out by the council's consultants. The report found that the previously preferred local flood alleviation option, namely the construction of a duplicate Wad culvert , was not a viable option, as it would in fact increase the risk of flooding downstream in a built up area, closer to the Clontarf seafront. The report concluded that a full study of the River Wad Catchment was required to establish the most appropriate measures to alleviate the flooding problem.

I am advised that the City Council has commenced a procurement process to select a consultant to carry out the study. The Consultant is expected to be appointed in the fourth quarter of 2009, with the Study expected to be completed within a further six months. OPW will continue to work with the City Council on this matter and, in conjunction with the Council, will consider how best to implement any recommendations contained in the Study, when completed.

Question No. 240 answered with Question No. 230.

Tax Collection.

Finian McGrath

Ceist:

241 Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [30190/09]

Finian McGrath

Ceist:

242 Deputy Finian McGrath asked the Minister for Finance if he will respond to a query (details supplied). [30204/09]

I propose to take Questions Nos. 241 and 242 together.

Tax collection issues in any individual case are matters for the Revenue Commissioners who, for reasons of taxpayer confidentiality, cannot comment on individual cases. As a result, the Deputy will appreciate that it would be inappropriate for the Commissioners to comment on the tax affairs of any taxpayer at the request of another taxpayer, which appears to be the import of these questions. By way of general remarks, the Revenue Commissioners have advised me that they are fully familiar with the facts surrounding the transactions in question.

Question No. 243 answered with Question No. 231.

Flood Relief.

Tom Hayes

Ceist:

244 Deputy Tom Hayes asked the Minister for Finance if he will provide clarification on a number of points concerning the flood works that are in detailed design stage for Clonmel (details supplied), County Tipperary which is due to go to tender. [30334/09]

I am advised by my officials in the Office of Public Works (OPW) that the design of the flood protection scheme around Suir Island does not make provision for penstocks/sluice gates at the entrances and exits of the mill races. Following a detailed investigation by engineering staff it was found that there was no financial or engineering benefit to the flood protection scheme in return for constructing these works. It is considered that the construction of these penstocks/sluice gates would lead to a residual weakness in the flood protection scheme that would require additional maintenance and management on an ongoing basis in order to manage the risk of failure of these elements. OPW engineering staff have reviewed the harbour and channel on the south of the island in order to mitigate the risk of damage to the features in question.

Tax Code.

George Lee

Ceist:

245 Deputy George Lee asked the Minister for Finance his plans to allow pensioners to become eligible for the rent a room relief scheme who are renting a room in their house to their children; and if he will make a statement on the matter. [30352/09]

The rent-a-room scheme was introduced in Finance Act 2001. The scheme allows an exemption from income tax on rent received where a person rents out a room or rooms in his or her principal private residence, and the rent received does not exceed €10,000 per year (€7,620 up to and including the 2007 tax year). In order to qualify for the exemption, it is necessary for the residential premises to be situated in the State and occupied by the individual as his or her sole or main residence during the tax year.

In 2007, the rent-a-room scheme was amended so that the exemption would not be available to parents who rent a room or rooms to one or more of their children. In such cases, the parents will have to declare their rental income on their annual tax return, net of allowable expenses, and pay any income tax arising. The rent-a-room scheme was introduced as an incentive to encourage individuals to let rooms in their principal private residence. It was never envisaged that the scheme would cover the situation of children living with their parents in the family home. The purpose of the 2007 amendment was to ensure that the exemption is only granted for the purpose for which it was originally intended.

Government Bonds.

Olivia Mitchell

Ceist:

246 Deputy Olivia Mitchell asked the Minister for Finance the value of Government bonds issued from August 2008 to August 2009; and if he will make a statement on the matter. [30354/09]

Olivia Mitchell

Ceist:

248 Deputy Olivia Mitchell asked the Minister for Finance the value of Irish Government bonds issued between August 2008 and August 2009 which were purchased by Irish banks covered by the Government deposit guarantee scheme; and if he will make a statement on the matter. [30356/09]

I propose to take Questions Nos. 246 and 248 together.

The National Treasury Management Agency (NTMA) advise that the total amount of Government bonds issued in the period 1 August 2008 to 31 August 2009 was €27 billion. In relation to the geographic distribution of investors, the NTMA advise that such information is only available in relation to bonds sold through syndicated issues. Of the €27 billion raised, some €20 billion was raised through bond syndications. The NTMA advise that syndications since August 2008 have seen approximately 30% distributed to banks covered by the bank guarantee scheme.

As regards bonds sold through auctions, the remaining €7 billion was raised through bond auctions over the relevant period and the only information available relates to the level of participation in the auction by the NTMA's eleven primary dealers, ten of which are international banks. I understand from the NTMA that the level of participation by each Primary Dealer is highly sensitive commercial information and is not disclosed. The NTMA also advise that international investors hold 82% of all outstanding Irish Government bonds. This is a high level by international standards and compares with 22% before the introduction of the euro.

National Asset Management Agency.

Olivia Mitchell

Ceist:

247 Deputy Olivia Mitchell asked the Minister for Finance if, in addition to property developer loans, the National Asset Management Agency will purchase any other distressed assets which might be regarded as European Central Bank eligible assets; and if he will make a statement on the matter. [30355/09]

It is my intention to designate only land and development loans and associated loans as assets eligible for transfer to NAMA. Associated loans will be those loans which are not in the land and development category but which are held by individuals/companies that also have land and development exposures. Associated loans will take account of cross collateralisation and other associated loan exposures of borrowers.

Question No. 248 answered with Question No. 246.

Company Closures.

Thomas Byrne

Ceist:

249 Deputy Thomas Byrne asked the Minister for Finance if his attention has been drawn to the situation in regard to a company (details supplied) where allegations of phoenix syndrome have been made and employees made redundant without redundancy payments being made; if this company has contracts with the Office of Public Works or other State agencies; if a company which goes into liquidation and fails to comply with employment law can subsequently resume State contracts under a new corporate identity and if this has occurred with this company; and if he will make a statement on the matter. [30364/09]

Policy issues relating to redundancy, company law and employment law are a matter for my colleague the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Mary Coughlan in the first instance. I can confirm that this company does not have any contracts with my Department. The position in respect of other Departments or Government agencies is a matter for the relevant Ministers. The company referred to by the Deputy has been utilised by the Office of Public Works on a number of occasions in the past. However, the Commissioners of Public Works have had no contracts with this company in the recent past, and have no knowledge of any contracts that currently exist between this company and the Office of Public Works or other Government Agencies.

Under public procurement regulations contracting authorities are required to ensure that tenderers take account of the obligations relating to employment protection and working conditions that are in force and to disregard any tenderer that fails to comply with this requirement. Standard contract conditions for public sector construction projects empower authorities to monitor compliance by contractors with laws relating to pay and working conditions. In addition, contractors may be excluded from a public tendering process if they have been guilty of professional misconduct or have failed to make tax and social security payments required by law.

Tax Yield.

Olivia Mitchell

Ceist:

250 Deputy Olivia Mitchell asked the Minister for Finance the revenue earned from the departure tax in each month since its introduction; and if he will make a statement on the matter. [30452/09]

I am informed by the Revenue Commissioners that the air travel tax arising from travel undertaken in any month is payable by the 23rd of the following month. The yields from the air travel tax received in the period from May to August 2009, in respect of travel undertaken during the months April to July 2009 are as follows:

Month

€m

May

9.6

June

11.5

July

11.9

August

12.5

Tax Code.

Olivia Mitchell

Ceist:

251 Deputy Olivia Mitchell asked the Minister for Finance if his attention has been drawn to the administrative problems and problems for individual taxpayers resulting from the introduction of the income levy, whereby in many cases persons only discover their income levy obligation at the end of the financial year; and if he will make a statement on the matter. [30453/09]

The position is that the income levy is an annual charge. This means that the levy is applied to an individual's aggregate income from all sources in a year, that is, employment, self-employment, rental, investment and dividends. For those with employment only income, which is paid regularity over the course of the year, the payroll deduction system should ensure that the right amount of levy for the year is deducted and paid over to the Revenue Commissioners without the need for any end of year review or claim by the taxpayer.

To the extent that a person may have variations in the level or regularity of their employment income, or where a person has income from other sources in addition to wages and salaries, it will be necessary for that person to apply to the Revenue Commissioners for an end of year review, unless the person is subject to the self-assessment system in which case they will be required to pay Preliminary Tax by 31 October 2009 and submit a self-assessed tax return for 2009 by 31 October 2010.

Olivia Mitchell

Ceist:

252 Deputy Olivia Mitchell asked the Minister for Finance if it was envisaged that the income levy would apply to all income once the taxpayer reached the qualifying threshold income; his views on whether this could be unfair to persons earning slightly in excess of the threshold; and if he will make a statement on the matter. [30454/09]

The income levy structure provides an exemption threshold of €15,028 below which the income levy is not applied. The income levy is applied at a rate of 2% on all income up to €75,036, at 4% on income above this amount up to €174,980 and at 6% on income above €174,980. While it is acknowledged that the threshold at €15,028 leads to a "step" in the income levy, the overall structure is fair and progressive.

Olivia Mitchell

Ceist:

253 Deputy Olivia Mitchell asked the Minister for Finance if he will ensure that the Revenue Commissioners liaise with the Department of Social and Family Affairs to ensure that artists availing of the artists’ exemption scheme are not presented with a large backlog of unpaid PRSI payments; and if he will make a statement on the matter. [30455/09]

I am advised by the Revenue Commissioners that artists who qualify for exemption from income tax under the provisions of section 195 of the Taxes Consolidation Act 1997 are obliged to pay any PRSI due on such income directly to the Department of Social and Family Affairs.

Arrangements are already in place whereby the Revenue Commissioners notify the Department of Social and Family Affairs, on request, of the names, PPS Numbers and income details of those tax-exempt artists who have submitted a return of income to the Revenue Commissioners, so as to facilitate the determination and payment of the PRSI liability of each such person. Artists are obliged under the provisions of section 195(11) of the Taxes Consolidation Act 1997 to make an annual return of income. I am also informed by the Revenue Commissioners that arrangements are currently being put in place to facilitate the payment of PRSI by tax-exempt artists directly through the self-assessment Pay and File tax system for 2009 and following years.

Public Appointments Service.

Finian McGrath

Ceist:

254 Deputy Finian McGrath asked the Minister for Finance if he will advise on a matter (details supplied). [30488/09]

Vacancies for Temporary Clerical Officers arise in various Government Departments and Offices from time to time throughout the country. Such vacancies are filled by way of recruitment campaigns undertaken by the Public Appointments Service (PAS). I can confirm to the Deputy that the closing date for receipt by the Public Appointments Service of applications for the 2009/10 Temporary Clerical Officer competition was 25 March 2009. Temporary vacancies notified to PAS will continue to be filled from this campaign until a further recruitment campaign is announced. Mr McNamara should be advised to register with www.publicjobs.ie which will notify him of future opportunities.

Oireachtas Expense Allowances.

George Lee

Ceist:

255 Deputy George Lee asked the Minister for Finance his plans to reform the system of payment of expenses to Deputies to prevent abuse of the system; and if he will make a statement on the matter. [30489/09]

It should be recognised that TDs incur legitimate expenses as part of their parliamentary duties both in attending Leinster House and as part of their constituency duties. I have already taken steps in relation to the revision of expenses. I have generally reduced the Oireachtas expense allowances by 10% and by 25% in the case of mileage. The Oireachtas Commission made proposals to me about the system of expense allowances payable to members of the Oireachtas. The proposals were an attempt to provide a more streamlined expenses system involving a single composite allowance in place of the existing separate allowances.

I have introduced enabling legislation which would allow the proposals of the Commission to be implemented. The Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 provides for the introduction of a single composite allowance for Deputies and Senators to be known as the Parliamentary Standard Allowance. However, I am of the view that there is a need for further consideration and discussion of the proposed composite allowance before it is introduced in any regulations.

Job Assist Scheme.

Caoimhghín Ó Caoláin

Ceist:

256 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of employers who have availed of the Revenue job assist scheme in the years 2005 to 2008 and to date in 2009; and if he will make a statement on the matter. [30532/09]

I am informed by the Revenue Commissioners that the number of employers who have availed of the Revenue job assist scheme in the years concerned is as follows:

Year

Number

2005

567

2006

410

2007

286

2008

193

2009 (to 4 September)

133

Financial Regulation.

Caoimhghín Ó Caoláin

Ceist:

257 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance if in view of the €29 million cost to the taxpayer of funding the Financial Regulator in 2009, he will provide a commitment that the full cost of financial regulation is borne by the financial institutions from 2010, which is in line with the practice in most other countries and particularly in view of the spending cutbacks in health, education and social welfare; and if he will make a statement on the matter. [30533/09]

The Financial Regulator is currently funded by two sources. These are direct levies paid by financial entities that are regulated by the Financial Regulator and a subvention from the Central Bank, which is provided from the Bank's own resources generated from its activities in the financial markets. In 2009, it is estimated that the former funding source will raise approximately €34 million and the latter approximately €29 million for the Regulator.

As the Deputy is aware, most of the functions carried out by the Financial Regulator will be integrated with the Central Bank's functions in the new Central Bank of Ireland Commission. Accordingly, the new integrated organisation will be responsible for both the supervision of individual financial institutions and the stability of the financial system generally. The financing by the industry of the regulatory functions of the new organisation will be considered in the context of the transfer of functions to the new Central Bank of Ireland Commission.

Caoimhghín Ó Caoláin

Ceist:

258 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the reason he has not appointed the remaining members of the Financial Regulator’s consultative consumer panel; when he will do so; and if he will make a statement on the matter. [30534/09]

The Central Bank Act 1942 as amended provides that the Consultative Consumer Panel shall consist of not fewer than five and not more than 20 members. In January, I appointed eleven members to the Consumer Panel. Accordingly, all statutory requirements on the level of membership of the Panel have been fully met. The possibility of making further appointments to the Consumer Panel, subject to appropriate consultation, is kept under consideration.

Caoimhghín Ó Caoláin

Ceist:

259 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the budgets of the Financial Regulator’s consultative consumer panel and consultative industry panel in 2009; the remit and conditions for expenditure of such moneys; and if he will make a statement on the matter. [30535/09]

I am informed by the Financial Regulator that the annual budgets for the Consultative Panels are agreed between the respective Chairs of the Panels and the Authority. The 2009 budget for the Consumer Panel is €208,000 and the budget for the Industry Panel is €85,000. These budgets cover the costs arising from external research and consultations, the publication of the respective annual reports and travel and subsistence costs paid to Consumer Panel members. Also, a daily attendance allowance is paid to Consumer Panel members when attending on Panel business. No such attendance allowance is paid to members of the Industry Panel. In addition, an employee of the Financial Regulator serves as Secretary to the Consultative Panels.

George Lee

Ceist:

260 Deputy George Lee asked the Minister for Finance the number of moneylender licences currently issued by the Irish Financial Services Regulatory Authority; the way the number of licences issued has changed since the year 2000; the interest charges, including the annual percentage rate allowable under these licences; if his attention has been drawn to the fact that some companies in possession of these licences are charging low income earners interest rates as high as 152% for loans; and if he will make a statement on the matter. [30540/09]

Licensed moneylenders are covered by a range of provisions under the Consumer Credit Act, 1995 (as amended) including the licensing process administered by the Irish Financial Services Regulatory Authority (Financial Regulator) under which a moneylender's licence is valid for a period of 12 months from the date on the licence.

The number of moneylender licences issued in the year 2009 to date is 51 and the number of licences issued in 2000-2008 is as shown by year in the Table hereunder.

Year

No. of Moneylender Licences

2000

64

2001

60

2002

57

2003

52

2004

52

2005

50

2006

48

2007

51

2008

52

Licence details are maintained by the Financial Regulator (FR) on its Moneylender Register which may be viewed via the following link:

http://registers.financialregulator.ie/DownloadsPage.aspx.The number of licences in issue at a particular time does not vary significantly because the number of new licences is more or less equivalent to those who have ceased trading. Details of the precise annual percentage rate (APR) permitted to be charged under a particular moneylender licence may be obtained by consulting the Moneylender Register .

Loans offered by moneylenders are a relatively expensive form of credit where the moneylending agreement is usually for a small loan borrowed over a short period. Therefore, APRs charged by licensed moneylenders are, generally, much higher than those charged by lenders such as Banks, Building Societies and Credit Unions, who provide much larger loans for much longer periods. A possible higher risk of default is a further consideration for the moneylender.

Moneylenders are obliged to inform the Financial Regulator of the maximum APR they intend to charge to consumers. It is printed on each moneylender licence and an APR above this may not be charged. Inspections of moneylenders are carried out by the Financial Regulator in which moneylending agreements are examined to determine the APRs actually charged. A licence application can be refused on the grounds that the Financial Regulator is of the opinion that the cost of credit charged is excessive. There is no provision in the Consumer Credit Act with regard to the maximum APR that can be charged by moneylenders.

The Deputy may wish to note that the Financial Regulator, in its March 2007A Report on the Licensed Moneylending Industry in Ireland, concluded that the introduction of an interest rate ceiling for moneylenders may not achieve the objectives of lowering the cost of credit for consumers. From late 2007 to late 2008, the Financial Regulator engaged with interested stakeholders (including Credit Union representatives) with a view to increasing transparency in relation to costs associated with loans from moneylenders. This included its March 2008 Consultation Paper CP33.

Chapter 1 of the Consumer Protection Code for Licensed Moneylenders Code, which came into effect on 1 January 2009, sets out ‘General Principles’ with which a moneylender must comply such as that it must act honestly and professionally, with due skill, care and diligence in the best interests of its consumers.

The Code's remaining provisions, including ‘Common Rules for Moneylenders', are due to come into effect on 30 September 2009. These set out requirements in relation to the provision of information to the consumer, preservation of a consumer's rights, knowing the consumer, suitability, unsolicited contact (cold calling), disclosure, errors, handling complaints, consumer records, unsolicited credit facilities, arrears and guarantees; and debt collection. Among these is the requirement for the moneylender to assist a consumer in understanding the product provided, including the method of repayment, all related interest payments, charges and the cost per €100 borrowed.

Ministerial Expenses.

George Lee

Ceist:

261 Deputy George Lee asked the Minister for Finance the rules and regulations of the expenses regime for Ministers; if restrictions are imposed on ministerial expenses; the amount that has been claimed in expenses by each Minister in his Department from 1997 to 2008; the reasons these expenses were claimed; his plans to introduce new rules or reform the system of payment of expenses to Ministers in order to minimise the risk of abuse of the ministerial expenses system; and if he will make a statement on the matter. [30545/09]

Ministers may receive allowances to cover the expenses they incur as members of the Oireachtas and as holders of Ministerial Office. The specific allowances payable in respect of Ministerial Office are described below. Ministers are entitled to subsistence payments when they are absent from their headquarters and home on official business. In general, expense allowances have been reduced by 10%. However, mileage rates have been reduced by 25%. Revised guidelines relating to foreign travel were issued by my Department on 1 July 2009.

Subsistence is payable where a Minister is absent from his or her headquarters and home on official business in Ireland and abroad. In Ireland Ministers may claim the vouched cost of a hotel room, including tax and up to 15% for service charges and a subsistence allowance of €72.66 per night. The latter amount reflects a reduction of 25% from 5 March 2009 and is designed to provide for meals and a small amount for incidentals. Where absent abroad on official business, Ministers may also claim the vouched cost of a hotel room including tax and up to 15% for service charges. The subsistence rate payable varies from location to location.

Ministerial Expense Allowances

Miscellaneous Expense Allowance (MEA)

The MEA is payable to Office holders, TDs and Senators. This allowance is designed to reimburse the individual for additional expenses incurred through being a member of the Houses of the Oireachtas which are not already encompassed by other allowances for specific expenses.

Member

Rate

€ pa

Taoiseach

13,000

Minister

12,000

Minister of State

11,000

Other Office holders

8,200

Office Accommodation Allowance

There is a one-off grant towards the cost of setting up a constituency office, the Constituency Office Grant, of €8,000. Thereafter, there is an annual grant of €8,000 towards the running cost of the office.

Special Secretarial Allowance for Ministers

There are two options available to Ministers; either a fully vouched annual amount of up to €41,902 for employing a temporary staff member or for the purchase of secretarial equipment and services; or a vouched annual amount of €11,591 for work or service done or employment of a temporary person, plus an un-vouched annual amount of €8,888.

Details of travel and subsistence payments

The following tables contain details of the subsistence expenses paid to Ministers for Finance for the period 2003-2008. Hotel accommodation charges are generally paid directly to the hotel by, or on behalf, of the Department. The earliest information readily available from the Department's Accounting system is from 2003 when the system was upgraded.

Details of payments by this Department to Ministers of State at the Office of Public Works are also set out below. It has not been possible in the time available to compile all information in relation to expenses claims paid by the Office of Public Works to the Ministers of State. This information will be forwarded directly to the Deputy shortly.

Travel and Subsistence claims for 2003 for Minister McCreevy

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Jan 2003

Brussels

Eurogroup & ECOFIN

193.34

Feb 2003

Florida

Business

302.96

Feb 2003

Brussels

ECOFIN

193.34

Mar 2003

Brussels

Eurogroup & ECOFIN

133.00

Mar 2003

Brussels

Eurogroup & ECOFIN

154.67

Apr 2003

Athens

Informal ECOFIN

158.00

May 2003

Brussels

Eurogroup & ECOFIN

290.03

Jun 2003

Luxembourg

Eurogroup & ECOFIN

229.10

Jun 2003

Berlin

German Finance Minister

254.67

Jul 2003

Bali, Indonesia

ASEM

524.78

Jul 2003

Brussels

Eurogroup & ECOFIN

308.56

Sep 2003

Italy- Stresa

Informal Ecofin

363.25

Sep 2003

UAE Dubai

IMF/World Bank

650.75

Oct 2003

Luxembourg

ECOFIN

222.89

Oct 2003

Brussels

European Council

150.67

Oct 2003

Italy- Venice

W.Duisenberg Event

447.75

Nov 2003

Brussels

ECOFIN

150.29

Nov 2003

Brussels

ECOFIN

187.96

Nov 2003

Brussels

European Council

150.29

Total

5,066.30

Travel and Subsistence claims for 2004 for Minister McCreevy

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Jan 2004

Frankfurt

European Central Bank

114.32

Jan 2004

Brussels

ECOFIN

187.96

Jan 2004

Brussels

EMAC

75.33

Feb 2004

Florida /Brussels

G7 & ECOFIN

565.85

Mar 2004

Brussels

Eurogroup & ECOFIN

187.96

Mar 2004

Brussels

GAERC

37.67

Mar 2004

Brussels

European Council

150.29

Apr 2004

London

ERBD

126.47

Apr 2004

Washington/NY

IMF/World Bank

1,053.20

May 2007

Brussels

ECOFIN

187.96

May 2004

New York

G7

405.28

May 2004

London

British & Irish Ombudsman

156.12

Jun 2004

Luxembourg

ECOFIN

267.55

Jun 2004

Brussels

Conference

37.67

Jul 2004

Brussels

ECOFIN

150.29

Jul 2004

Lisbon

Commission Seminar

82.46

Aug 2004

Brussels

Commission Seminar

75.33

Aug 2004

Brussels

Commission Seminar

150.29

Sep 2004

Brussels

Commission Seminar

225.62

Sep 2004

Scheveningen

Informal ECOFIN

226.10

Sep 2004

Brussels

Commission Seminar

375.91

Sep 2004

Brussels

Commission Seminar

185.62

Total

5,025.25

Travel and Subsistence claims for 2004 for Minister Brian Cowen

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Oct 2004

Luxembourg

ECOFIN

178.22

Nov 2004

Brussels

ECOFIN

150.29

Dec 2004

Brussels

ECOFIN

150.29

Total

478.80

Travel and Subsistence claims for 2005 for Minister Brian Cowen

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Jan 2005

Brussels

ECOFIN

150.29

Feb 2005

Brussels

ECOFIN

187.96

Mar 2005

Brussels

ECOFIN

150.29

Mar 2005

Atlanta/Georgia

US St. Patrick’s Day Programme

1,346.95

Mar 2005

Brussels

European Council

150.29

Apr 2005

Luxembourg

Eurogroup

89.33

May 2005

Brussels

Meeting With EU Agriculture Commissioner

35.17

May 2005

Luxembourg

Informal ECOFIN

190.00

May 2005

Belgium

Inauguration of restoration works at the Irish College Leuven

50.00

Jun 2005

Luxembourg

ECOFIN

190.00

Jun 2005

China — Peking

ASEM Meeting China

552.96

Jul 2005

Brussels

ECOFIN

140.67

Jul 2005

Germany — Berlin

Meeting with German Finance Minister

133.33

Sep 2005

Washington DC

IMF/World Bank

1,501.53

Oct 2005

Luxembourg

Eurogroup

95.00

Nov 2005

Brussels

ECOFIN

175.84

Total

5,139.61

Travel and Subsistence claims for 2006 for Minister Brian Cowen

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Jan 2006

Brussels

ECOFIN

175.84

Feb 2006

Brussels

ECOFIN

140.67

Mar 2006

Brussels

European Council

140.67

Mar 2006

Australia/Sydney Canberra Brisbane

St. Patrick’s Day Programme

1,893.00

Apr 2006

Luxembourg

Informal ECOFIN and ASEM Finance Ministers Meeting

281.67

May 2006

Brussels

ECOFIN

152.67

Jun 2006

Luxembourg

ECOFIN

237.50

Jul 2006

Brussels

ECOFIN

305.34

Sep 2006

Finland Helsinki

Informal ECOFIN

289.94

Sep 2006

Luxembourg

ECOFIN

237.50

Nov 2006

Brussels

ECOFIN

152.67

Nov 2006

Brussels

Eurogroup

38.17

Total

4,045.64

Travel and Subsistence claims for 2007 for Minister Brian Cowen

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Jan 2007

Slovenia

Euro Ceremony

124.26

Jan 2007

Brussels

ECOFIN

190.84

Feb 2007

Brussels

ECOFIN

190.84

Mar 2007

Brussels

Eurogroup

152.67

Mar 2007

Brussels

ECOFIN

190.84

Mar 2007

USA — Chicago

St. Patrick’s Day Programme

1577.99

Apr 2007

Germany — Berlin

Informal ECOFIN

266.66

Jul 2007

Brussels

ECOFIN

194.16

Sep 2007

Portugal-Oporto

Informal ECOFIN

268.00

Oct 2007

Luxembourg

Eurogroup

47.50

Nov 2007

Brussels

Eurogroup

38.83

Total

3,242.59

Travel and Subsistence claims for 2008 for Tánaiste Brian Cowen

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Jan 2008

Malta — Valletta

Adoption of Euro Currency Malta

165.39

Jan 2008

Cyprus — Nicosia

Adoption of Euro Currency Cyprus

284.77

Jan 2008

Brussels

ECOFIN

194.16

Feb 2008

Brussels

ECOFIN

194.16

Mar 2008

Brussels

ECOFIN

155.33

Mar 2008

Malaysia-Vietnam

St. Patrick’s Day Programme

1,108.44

Total

2,102.25

Travel and Subsistence claims for 2008 for Minister Brian Lenihan

Month of travel

Destination

Type of Meeting attended

Amount Claimed

May 2008

Brussels

ECOFIN

194.16

Jun 2008

Frankfurt — Luxembourg

ECOFIN & European Central Bank Event

336.00

Jul 2008

Brussels

Eurogroup

77.67

Sep 2008

France

Informal ECOFIN

240.00

Oct 2008

Luxembourg

ECOFIN

190.00

Oct 2008

Brussels

European Council

155.33

Nov 2008

Brussels

ECOFIN

155.33

Dec 2008

Brussels

Eurogroup

77.67

Total

1,426.16

Travel and Subsistence claims for 2003 for Minister of State Tom Parlon

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Oct 2003

Italy/Rome

Informal Regional Meeting on Cohesion Policy

223.56

Nov 2003

Brussels

Budget Council

131.45

Total

355.01

Travel and Subsistence claims for 2004 for Minister of State Tom Parlon

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Jan 2004

Brussels

Keynote address at the 2nd Annual European Financial Services Conference

131.45

Apr 2004

Brussels

Bi-lateral meeting re agreement with San Marino On Taxation on Income

37.67

May 2004

Paris-France

OECD meeting

120.34

May 2004

Brussels

Address to Third European Forum

75.33

Jul 2004

Brussels

EU Budget Council

131.45

Jul 2004

Sligo

Showcases in Public Service Excellence

125.99

Nov 2004

Brussels

EU Budget Council

225.24

Nov 2004

The Hague

Ministerial Substantive Troika

52.15

Total

899.62

Travel and Subsistence claims for 2005 for Minister of State Tom Parlon

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Apr 2005

Luxembourg

ECOFIN Meeting

111.21

May 2005

Paris

OECD Ministerial Meeting

97.34

May 2005

Luxembourg

Informal Ministerial Meeting on Regional Policy in Luxembourg

42.15

Jun 2005

Luxembourg

Informal Ministerial Meeting on Public Services

118.75

Oct 2005

Brussels

Ministerial meeting on Structural and Cohesion funds

35.16

Nov 2005

Brussels

EU Budget Council meeting

123.08

Total

527.69

Travel and Subsistence claims for 2006 for Minister of State Tom Parlon

Month of travel

Destination

Type of Meeting attended

Amount Claimed

May 2006

Paris

OECD meeting

122.09

Nov 2006

Brussels

EU Budget Council

76.33

Dec 2006

Paris

Attend Climate Change conference

97.33

Total

295.75

Travel and Subsistence claims for 2008 for Minister of State Noel Ahern

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Apr 2008

Belfast

Peace 3 Conference Belfast

48.32

Total

48.32

Travel and Subsistence claims for 2008 for Minister of State Dr Martin Mansergh

Month of travel

Destination

Type of Meeting attended

Amount Claimed

Jun 2008

Korea South Jeju Island

Asem Meeting

250.93

Jun 2008

Prague

EURO Conference

177.71

Jun 2008

Paris

OECD Meeting

146.00

Jul 2008

Brussels

Ecofin Meeting

135.91

Oct 2008

Paris

Banking and Fraud Conference in Paris

188.33

Nov 2008

Derry

Bankers Association Dinner in Derry

116.95

Total

1,015.83

Architectural Heritage.

Pat Breen

Ceist:

262 Deputy Pat Breen asked the Minister for Finance, further to Parliamentary Question No. 163 of 7 July 2009, if he will arrange to have the Office of Public Works visit and meet with local representatives (details supplied) in County Clare; and if he will make a statement on the matter. [30591/09]

The Office of Public Works is currently making arrangements to visit and meet with local representatives in relation to their concerns about Quin Abbey, Quin, Co. Clare.

Tax Code.

Pat Breen

Ceist:

263 Deputy Pat Breen asked the Minister for Finance, further to Parliamentary Question No. 119 of 11 March 2009, if, in view of the recent losses at Aer Lingus, he will review the imposition of the €10 air travel tax; and if he will make a statement on the matter. [30596/09]

As the Deputy is aware, I announced in Budget 2009 that an air travel tax would come into force in respect of passengers departing from Irish airports on and from 30 March 2009. A general rate of €10 per passenger would apply, with a lower rate of €2 for shorter journeys. The Finance (No.2) Act 2008 confirms the introduction of an air travel tax from 30 March 2009. However, I took account of concerns raised by the regional airports particularly those on the western seaboard. The lower rate of €2 will apply to departures from any Irish airport where the destination is 300kms or less from Dublin airport. This means that all Irish departures to locations such as Manchester, Liverpool and Glasgow will be subject to the €2 rate. Ireland is not unique in regard to applying a tax on air travel. Other countries within the EU apply similar taxes such as the UK and France, as do Australia and New Zealand. The proposed rates for the Irish air travel tax are not unreasonable both for shorter and longer journeys, when compared to rates in other countries.

It should be recognised that tourists will only be subject to the tax on their return journey. The additional €10 or €2 in the context of a much larger purchasing decision involving travel, hotel expenditures etc. shouldn't have much of an effect on tourist numbers. I appreciate the airline industry continues to go through a difficult period. However, this difficult trading period arises primarily from weak world economic activity.

It should be noted that at present the decline in air travel is an international phenomenon and as a result aviation services are contracting on a global basis. Indeed the decline in the number of people travelling is also evident in those countries where there is no air travel tax in place. We currently face significant financial challenges and the air travel tax is an important revenue raising measure. I tried to be as fair as possible in looking at areas for additional tax revenues. It is also worth noting that fuel used by commercial airlines is completely exempt from tax, so it's a sector that already has considerable preferential treatment. I have no plans to review the air travel tax.

Brian Hayes

Ceist:

264 Deputy Brian Hayes asked the Minister for Finance if his attention has been drawn to the decision of bookmakers (details supplied) to announce their intention to relocate their Internet business from the United Kingdom to Gibraltar with a loss to tax revenues and employment within the UK; his plans, in view of the portability of Internet betting operations, to tax Internet betting which could encourage existing Internet bookmakers based here to move their businesses to low tax jurisdictions; and if he will make a statement on the matter. [30646/09]

Chris Andrews

Ceist:

281 Deputy Chris Andrews asked the Minister for Finance the position regarding a study into taxing on-line and phone betting; his views on the introduction of a tax for on-line betting; and if he will make a statement on the matter. [31036/09]

Pat Rabbitte

Ceist:

293 Deputy Pat Rabbitte asked the Minister for Finance if his attention has been drawn to the fact that all bookmakers’ betting duty payments are up to date in 2009; if not, if the provisions of section 29 (6) of the 2009 Finance Act are being fully enforced; if not, his views that the taxpayer subsidise slow-to-pay bookmakers; if further attention has been drawn to the fact that the Internet operations of two companies (details supplied) in August 2009 relocated offshore to Gibraltar with hundreds of smart economy job losses in the UK as a result; and if he will make a statement on the matter. [31509/09]

Pat Rabbitte

Ceist:

294 Deputy Pat Rabbitte asked the Minister for Finance if his attention has been drawn to the fact that of the ten largest bookmakers marketing here, only two companies employ Internet staff here while the other eight companies are located in low tax regimes; and if he will make a statement on the matter. [31510/09]

I propose to answer Questions Nos. 264, 281, 293 and 294 together.

I am aware that certain bookmakers are considering relocating their internet businesses from the UK, including to Gibraltar. It is the prerogative of a company to locate its businesses where it sees fit. In that regard, it should be noted that Ireland's tax regime, for example corporation tax, compares favourably to other countries. In addition, Ireland has a highly skilled and flexible workforce.

As I stated during the Finance Bill process, it has been my intention to widen if possible the tax base on which betting duty would be applied. Bets placed either online or over the phone are generally with out-of-State companies so applying betting duty is therefore problematic. My officials, in conjunction with the Office of the Attorney General, the Office of the Revenue Commissioners and the Department of Justice, Equality and Law Reform, are looking at the scope to overcome legal and operational difficulties in this area and will continue to do so, on an ongoing basis.

In addition, my Department is working closely with the Department of Justice, Equality and Law Reform which has initiated a review in order to provide the Government with options for a new and comprehensive legal and organisational framework governing gambling architecture in the State. The review, amongst other things, will consider:

the recommendations contained in the Report Regulating Gaming in Ireland,

the existing law regulating gaming lotteries and other forms of gambling in the jurisdiction,

international developments, in particular the experience of the UK's Gambling Commission,

developments in relation to remote gambling (e.g. via the internet and mobile phones).

As the Deputies may be aware, due to pressure on the betting sector, I decided to defer the introduction of the increase in the betting duty provided for in Finance (No. 2) Act 2008 pending a review. Accordingly, the Finance Act 2009 contains a provision for continuing the existing betting duty rate of 1% unless and until an order is made bringing the 2% rate into effect, or alternative betting taxation arrangements are enacted. This decision is based on the premise that the betting sector will engage in constructive discussions about putting in place a fair and workable tax base for the sector. Such discussions will, inter alia, touch on issues such as online/phone betting, which is largely untaxed, and look at proposals that could potentially bring this area into the tax net, if possible, while also protecting Irish employment in the sector.

In relation to the matter of the late payment of betting duty by bookmakers, betting duty is payable quarterly, by the 15th day of the month following the end of the quarter. If betting duty is not paid when due, interest is payable on the amount outstanding, in accordance with section 74 of the Finance Act 2002 as amended by section 29(6) of the Finance Act 2009. The current rate of interest, effective from 1 July 2009, is 0.0274 per cent per day. It is a key goal of the Revenue Commissioners to ensure that everybody complies with their tax responsibilities, and that any taxes due are paid in a timely way. If a betting duty payment is not received by the due date, Revenue pursues the matter with the bookmaker concerned to ensure that payment is made as soon as possible.

Public Procurement.

Seán Barrett

Ceist:

265 Deputy Seán Barrett asked the Minister for Finance his plans to direct public procurement authorities to modify the tendering process in respect of smaller public sector construction contracts under the EU procurement directive level of €5.25 million by short-listing ten randomly selected approved local contractors; if he will apply the open tender procedure in the case of all civil engineering projects with a value of less than €15 million; and if he will make a statement on the matter. [30686/09]

I recognise the importance of public contracts as a source of business for SMEs and I am anxious to promote their participation to the greatest extent possible under EU law. It is inevitable, of course, given present conditions in the construction sector, that there will be greater competition than formerly for places on tender lists and in tender contests. My Department is in discussions with the EU Commission on the question of whether the use of random selection as a means of short listing works contractors would be permissible under EU procurement law.

The open tendering procedure is widely used for civil engineering projects and under EU and national procurement rules, this procedure allows firms meeting the minimum suitability standards to tender for public sector work without any further short listing. However, EU rules stipulate that contracting authorities have the right to use other tendering procedures, such as the restricted procedure, where they deem it appropriate to the circumstances of the particular project.

Financial Services Regulation.

Finian McGrath

Ceist:

266 Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [30713/09]

In the context of successful social partnership, the Government has been and continues to be supportive of all interested parties accepting and implementing Labour Court recommendations. In relation to the recapitalised banks however, these operate at an arms' length basis and as such I do not have a role in the wage negotiating process of the banks. I will be responding to the issues raised in the attached letter directly to the individuals concerned later this week.

National Development Plan.

Finian McGrath

Ceist:

267 Deputy Finian McGrath asked the Minister for Finance the amount that has been invested in the children’s programme under the national development programme in 2009; the targets that have been met with this funding; if the funds ring-fenced for the children’s programme will be left intact in the 2010 budget; the level of funding that will be available for the provision of out-of-school services. [30726/09]

The Annual Report on the National Development Plan for 2007 has been published and sets out comprehensive information on expenditure and outputs under each Programme. The document is available on my Department's website at www.ndp.ie/docs/NDP_Annual_Report_2007/2135.htm. Please see pages 135 to 145 of the Report.

A total of €1.611 billion (€1.5 billion current and €110 million capital) was invested during 2007 under the nine sub-programmes within the Children's Programme and responsibility for these sub-programmes rests with the following Departments: Health and Children, specifically the Office of the Minister for Children and Youth Affairs and the Health Service Executive; Education and Science and Justice, Equality and Law Reform. The next progress report on the NDP is due in 2010 and will cover the years 2008 and 2009.

My colleagues, The Ministers for Health, Education and Justice can provide the Deputy with more detailed and up to date information on expenditure and outputs in 2008 and 2009 under the sub-programmes for which they are responsible. All decisions on funding allocations for 2010 will be taken as part of the forthcoming Estimates process.

Departmental Staff.

John O'Mahony

Ceist:

268 Deputy John O’Mahony asked the Minister for Finance if the customs official based at Killybegs in County Donegal has been replaced; if not, when this position will be filled. [30731/09]

I am advised by the Revenue Commissioners that, as part of a review of small offices, Revenue has assessed the need for full-time attendance at Killybegs, taking into account the level of demand for Revenue services at that location and modern service delivery channels. It was found that the level of demand did not warrant full-time attendance. Accordingly, the official who had been based in Killybegs until his recent retirement is not being replaced at that location.

Revenue officials met with Killybegs-based traders to discuss how the work could be re-organised to meet their service requirements. It has been agreed that service will be available to traders from the Revenue office in Donegal Town, which is only 25 kilometres from Killybegs. A much larger pool of staff is available at Donegal Town to ensure continuity and consistency of service and to deliver a broader range of customer services from that location. Full contact details, including contact names, telephone and fax numbers and e-mail addresses, have been given to the traders. Where necessary, an officer from Donegal Town can attend at Killybegs by appointment if physical presence is needed for any particular transaction. The level of service provided, as well as the methods of service delivery, will be kept under review.

The Revenue Anti-Evasion Teams will continue to cover Killybegs Port as part of their ongoing patrols, while the Customs Cutter patrols the coastline. The attendance of these enforcement personnel is selective and targeted and is based on analysis and evaluation of national and international seizure trends, traffic frequency, routes and other risk indicators. Attendance can also be as a result of specific intelligence. Patrols of the ports are kept under constant review to take account of available intelligence and emerging smuggling trends.

Customs Service.

John O'Mahony

Ceist:

269 Deputy John O’Mahony asked the Minister for Finance the number of visits by the customs dog unit to each of the regional airports and ports in the west and north-west region; and if he will make a statement on the matter. [30732/09]

I am advised by the Revenue Commissioners that Revenue has, for a number of years, employed a drug detector dog handler in Sligo who is engaged full time on drugs detection activities, principally at the regional airports and the ports. In line with best practice in Customs administrations worldwide, Customs enforcement activity is selective and targeted and is based on analysis and evaluation of national and international seizure trends, traffic frequency, routes and other risk indicators and can also be as a result of specific intelligence.

It is not the policy of the Revenue Commissioners to publish exact details of enforcement activities as this could prejudice future operations. However, during the period 1st January 2009 to 30th June 2009, over 250 flights into the regional airports in the west and north-west were targeted on a risk analysis basis.

Garda Stations.

Charles Flanagan

Ceist:

270 Deputy Charles Flanagan asked the Minister for Finance the position regarding the proposed purchase of a building site from the Health Service Executive, with a view towards constructing a new Garda station at Portlaoise, County Laois; and if he will make a statement on the matter. [30763/09]

The Commissioners of Public Works are progressing with negotiations to acquire a 2 acre site from the HSE in Portlaoise, for the construction of a new Garda Headquarters on behalf of An Garda Síochána and the Department of Justice, Equality and Law Reform.

Financial Institutions Support Scheme.

Finian McGrath

Ceist:

271 Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [30779/09]

On 20 September 2008, I announced that the Government had decided to increase the compensation limit for the Deposit Guarantee Scheme in Ireland from €20,000 to €100,000 per depositor per institution. The cover applies to 100% of each individual's aggregate deposits up to the prescribed limit per financial institution and also applies to deposits held in credit unions. The Financial Services (Deposit Guarantee Scheme) Act 2009 provided a statutory basis for the making of subsequent regulations (European Communities (Deposit Guarantee Scheme) Regulations 2009) in order to give legal effect to this decision on deposit guarantee arrangements. The Deposit Guarantee Scheme applies to all credit institutions authorised in this State.

In addition there is a further guarantee called the Credit Institutions Financial Support Scheme which applies to the seven covered credit institutions (AIB, Anglo Irish Bank, Bank of Ireland, Irish Life & Permanent, Postbank, Irish Nationwide, and EBS). As you are aware, the Scheme provides a State guarantee for all deposits and certain liabilities of the guaranteed institutions to the extent that these are not covered by existing deposit protection schemes in the State or any other jurisdiction. In short, depositors must first claim from the Deposit Guarantee Scheme and then move on to claim any balance from the Credit Institutions Financial Support Scheme.

The Credit Institutions Financial Support (CIFS) Scheme was put in place for a two year period from 30 September 2008 to 29 September 2010. However, as I announced in my Supplementary Budget Statement on 7 April 2009, it is the Government's intention to put a State guarantee in place for the future issuance of debt securities with a maximum maturity of up to five years. The enactment of the Financial Measures (Miscellaneous Provisions) Act on 26 June 2009 has provided a power to extend the guarantee by order beyond its current expiry date of 29 September 2010. In this regard, work is continuing on the drafting of a Scheme, the introduction of which requires EU State aid and Oireachtas approval. Access to longer-term funding in line with the mainstream approach in the EU is expected to contribute significantly to supporting the funding needs of the banks and to securing their continued stability. The extended scheme must be approved in accordance with EU State aid rules and discussions are continuing in this regard with the European Commission.

Tax Code.

Richard Bruton

Ceist:

272 Deputy Richard Bruton asked the Minister for Finance if his attention has been drawn to the fact that the increase in excise duty for an off-licence which increased by 100% in 2009 makes no distinction between off-licences that have a tiny volume of sales and those that sell bigger quantities; if he will review the licence fee in order that it does not create a burden on outlets that run convenience stores; and if he will make a statement on the matter. [30788/09]

Following an increase of €50, from €250 to €300 per licence announced in Budget 2008, the excise duty for an off-licence was further increased to €500 in Budget 2009 in conjunction with an increase in the excise duty for a range of licences to manufacture or sell alcohol products. The excise duty for such licences was increased to €500 as most of them had not been increased for a significant period, many not since 1992. It is the general practice that excise duty on licences to trade are set at one rate and do not differentiate based on the volume or quantity of activity undertaken by the holder of the licence.

National Asset Management Agency.

Finian McGrath

Ceist:

273 Deputy Finian McGrath asked the Minister for Finance if he will confirm that the National Asset Management Agency complies with EU state-aid law. [30793/09]

On 25 February 2009, the European Commission provided guidance on the treatment of asset relief measures by Member States. The Commission considers that a common European approach is presently needed to deal with the treatment of impaired assets to ensure banks resume their normal function of lending to the economy. Guidelines were also issued by the European Central Bank on bank asset support measures.

The National Asset Management Agency (NAMA) initiative announced on 7 April, the details of which have been published in the National Asset Management Agency Bill 2009 that will be subject to a second stage debate today, has been developed within the common EU framework detailed in the European Commission Guidance and guidelines issued by the European Central Bank. My officials are engaged in ongoing consultations with the European Commission to ensure that the design and the implementation of the NAMA proposal will be consistent with EU State aid requirements.

Customs Service.

John O'Mahony

Ceist:

274 Deputy John O’Mahony asked the Minister for Finance if he will guarantee that the new cutter boat which is about to be brought into service by the Revenue Commissioners will regularly patrol the west coast of Ireland in order to enhance drugs surveillance; and if he will make a statement on the matter. [30878/09]

The new cutter as with the existing cutter will have a national remit, including the west coast of Ireland. Either or both vessels can and will be deployed to patrol and carry out operations along that coastline as and when required. The practice with the existing cutter is that deployments consist of a mixture of routine patrols and specific risk-driven taskings. This practice will continue, enhanced by the increased capability of the Revenue Commissioners with two cutters.

I have been informed by the Revenue Commissioners that sea trials are due to commence next week at the shipyard in Finland, where the second Revenue Cutter was built. Following those trials and any necessary changes to the vessel, shipyard personnel are due to deliver the cutter to Ireland for handover to Revenue Customs in the last week of September. The actual delivery date is dependent on the duration of the sea trials and weather conditions during the voyage from Finland to Ireland. Allowing for a short period of time for crew familiarisation, it is expected that the cutter will come into full service in the second half of October.

Tax Code.

John Cregan

Ceist:

275 Deputy John Cregan asked the Minister for Finance his views on a VAT exemption for a voluntary group (details supplied) in County Limerick; and if he will make a statement on the matter. [30904/09]

The VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. Under the VAT Directive, Member States may retain the zero rates on goods and services which were in place on 1 January 1991, but cannot extend the zero rate to new goods and services. As medical appliances such as the Lokomat machine were not subject to the zero rate on 1 January 1991 it is not possible to apply the zero rate to the supply of such products.

In addition, Member States may only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. Annex III allows the provision of a reduced rate for the supply of medical equipment, aids and other appliances to alleviate or treat disability which is used for the exclusive personal use of a disabled person. However this provision does not extend to the supply of medical equipment for the use of multiple persons, which is the intended use by Cois Ceim Eile of the Lokomat machine. In this case the only rate that can apply to the Lokomat machine is the standard VAT rate of 21.5%. However, there is an option open to Cois Ceim Eile to apply for a VAT Refund for the purchase of the Lokomat machine under the VAT refund scheme for certain donated medical instruments and appliances (SI 58/92).

The main conditions relating to this refund scheme are that:

the appliance or instrument is donated to a hospital;

the appliance costs €25,390 or more in value (exclusive of tax);

the appliance is designed and manufactured for use solely in medical research or in diagnosis, prevention or treatment of illness;

the appliance is purchased through voluntary donations, such that no part of the funds used in the purchase is provided directly or indirectly by the State, a State body or any public or local authority, which includes lottery funding; and,

the appliance is subject to a recommendation by the Minister for Health and Children that, having regard to the requirements of the health services in the State, a refund of tax would be appropriate.

Question No. 276 answered with Question No. 236.

Departmental Reports.

Michael Ring

Ceist:

277 Deputy Michael Ring asked the Minister for Finance when a report from ecologists (details supplied) will be finalised. [30974/09]

The Office of Public Works expects that the ecologist's report will be completed by the end of September.

Tax Code.

Sean Sherlock

Ceist:

278 Deputy Seán Sherlock asked the Minister for Finance the avenues open to a charitable organisation (details supplied) in County Cork with a view to recouping VAT paid at 21% on equipment purchased from charitable funds; and if he will make a statement on the matter. [30999/09]

Charities and non-profit groups engaged in non-commercial activity are exempt from VAT under the EU VAT Directive, with which Irish VAT law must comply. This means they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services that they purchase. However, there is provision for the refund of VAT incurred on the purchase of a new medical instrument or appliance by a person who donates such equipment to a hospital. The main conditions relating to this refund scheme are that:

the appliance or instrument is new and is donated to a hospital;

the appliance costs €25,390 or more in value (exclusive of VAT);

the appliance is designed and manufactured for use solely in medical research or in diagnosis, prevention or treatment of illness;

the appliance is purchased through voluntary donations, such that no part of the funds used in the purchase is provided directly or indirectly by the State, a State body or any public or local authority, which includes lottery funding; and,

the appliance is subject to a recommendation by the Minister for Health and Children that, having regard to the requirements of the health services in the State, a refund of tax would be appropriate.

Individual medical instruments or appliances costing less than €25,390 (exclusive of VAT) therefore do not qualify for a VAT refund under the scheme. Claims for refund in respect of other donated equipment meeting the above conditions must be made within 4 years, and should be submitted to the Revenue Commissioners VAT on Registered Repayments Section, River House, Charlotte Quay, Limerick.

Public Sector Staff.

Noel Ahern

Ceist:

279 Deputy Noel Ahern asked the Minister for Finance the position regarding the recruitment embargo in the wider public sector; the position regarding persons on panels who were waiting to be called into employment; if all panels will stay in existence and if positions will be offered to those on panels whenever recruitment commences again; the position regarding temporary staff who were recruited in cases pending panels being set up; if these are still in employment; if their contracts are being rolled over; the number of temporary or contract staff that exist; his views on a claim from a person on a panel who cannot now be recruited but who feels discriminated against by a temporary staff member who failed to get a sufficiently high panel place; and if he will make a statement on the matter. [31027/09]

The recruitment and promotion moratorium announced on Friday 27th March 2009 applies to the civil service, local authorities, non-commercial state bodies, the Garda Síochána and the Permanent Defence Forces. It is not an embargo. An embargo would imply that no filling of vacancies whatsoever could take place. The Minister for Finance has the authority to allow for the filling of some vacancies in very exceptional circumstances. The Government decision also provides that vacancies may be filled by redeployment of staff from other Departments or public bodies with the sanction of the Department of Finance. In addition, arrangements for the health and education sectors have been modulated to ensure that key services are maintained insofar as possible.

The moratorium decision also applies to temporary appointments on a fixed-term basis and to the renewal of such contracts. Any exceptions to this principle,which will arise in very limited circumstances only, require the prior sanction of the Department of Finance. Such sanction would be given only if the Department of Finance was satisfied that the post is essential to the delivery of a public service or performance of an essential function and that every effort has been made to fill the post by redeployment. With regard to persons on panels, the position is that panels from open competitions generally stay in place until the next competition is held. Interdepartmental promotion panels have a definite life span and this is agreed centrally with the relevant Civil Service union. Departmental promotion panels also have a definite life span and this is agreed locally with the relevant Civil Service union.

In the context of the Moratorium, a decision has been taken that interdepartmental promotion panels will be allowed to lapse as the closure date is reached. Decisions in respect of Departmental promotion panels will be taken at Departmental level. Regarding the position of temporary staff, in general, such staff are recruited for specific business needs and they remain in the relevant posts while the business need continues. As the wider public sector includes a very broad range of organisations and bodies, the Deputy will appreciate that my Department does not have detailed information on the number of temporary or contract staff that exist. However, I have asked my Department to contact other Departments and Offices to seek data for bodies under their aegis and my Department will convey the results to the Deputy.

Regarding the question of a person on a panel feeling discriminated against, the Deputy will be appreciate that I do not have details of the instance in question and moreover that I cannot comment on individual cases. I am satisfied, however, that the moratorium is necessary and appropriate in the current economic circumstances. No decision has yet been taken on future recruitment and promotion.

Departmental Agencies.

Noel Ahern

Ceist:

280 Deputy Noel Ahern asked the Minister for Finance the various legal panels for solicitors and barristers under the control of his Department or agencies under its remit; the process for getting on the various panels; if done annually or occasionally; and if he will make a statement on the matter. [31032/09]

There are no legal panels for solicitors and barristers under the control of my Department. The Department has its own in-house legal adviser in certain functional areas, and in certain cases would avail of the services of the Offices of the Chief State Solicitor and the Attorney General. My Department does, from time to time, require specific legal services on certain matters not available elsewhere; in such instances, save in exceptional cases, normal public procurement processes are followed. With regard to agencies under the remit of my Department, the following is the position:

Office of the Revenue Commissioners

I am informed by the Revenue Commissioners that they have a number of different arrangements for the engagement of solicitors and barristers. They have entered into contracts with six firms of external solicitors to provide legal services associated with debt collection and associated enforcement processes. These firms are engaged following a public procurement process which includes the publication of a request for tender document which invites firms that fulfil certain criteria to submit a tender for the supply of legal and debt collection services. This is followed by an evaluation of the tenders and an invitation to those deemed suitable, to attend for interview. The contract entered into by the successful firms usually extends for a period of six years. Contracts covering the period 1st January 2010 to 31st December 2015 have recently been agreed.

In addition, a number of solicitor firms provide Commissioner for Oaths services to Revenue. Five such firms are engaged at present with contracts valid until 30 June 2012. In this instance, a number of firms were invited to express an interest in providing the service based on the following criteria:

Ability to attend at specified locations at specified times and dates each week.

Ability to comply with urgent requests for attendance outside of the normal days of attendance.

Ability to cover periods of absence of regular Commissioner i.e. holidays, sick leave or other work commitments.

Production of a current tax clearance certificate.

Finally, it is open to practising Barristers to apply at any time for nomination as Counsel by the Revenue Solicitor. A form for this purpose is available on the Revenue website at www.revenue.ie

The Commission for Public Service Appointments

The Commission for Public Service Appointments (CPSA) does not have legal panels for solicitors and barristers. However the CPSA has a contract to provide legal advice on the interpretation of the Public Service Management (Recruitment and Appointments) Act 2004, other statutes, statutory instruments, regulations as applying to Public Service under the Commission's remit. The current contract for these legal services is with Matheson, Ormsby, Prentice (MOP). This Office complies with the Procurement Regulations as appropriate.

Office of Public Works

Legal advice required by the Office of Public Works (OPW) is supplied by the Chief State Solicitor's Office (CSSO). A Service Level Agreement (SLA) was entered into between OPW and CSSO in early 2005, as part of which a number of panels of external solicitors were created. Eight areas of specialised legal expertise were identified and a panel of solicitors created for each. The areas were:

Commercial Contracts

Compensation and Drainage Scheme

Construction Contracts

Copyright and Art Management

Employment Law

Health and Safety

National and EU Procurement

Planning and Development.

The process for getting on the panels involved a series of interviews conducted by the Chief State Solicitor's Office. Firms were judged in eight fields of expertise and awarded marks according to their knowledge and experience of the area, commitment to service, backup personnel, continuous professional development, proactive approach to dealing with CSSO and OPW and approach to minimisation of costs. A review of the SLA is planned and, as part of the process, the panels will be reviewed.

The State Laboratory, Valuation Office, and the Public Appointments Service do not have any such panels.

Question No. 281 answered with Question No. 264.

Departmental Staff.

Niall Collins

Ceist:

282 Deputy Niall Collins asked the Minister for Finance if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31229/09]

There are no civil servants from my Department who receive fees, salary or remuneration for membership of Boards of agencies under the aegis of my Department. In some cases, where meetings would be held away from the normal location of such an officer, travel expenses can be paid in accordance with normal civil service rules. In the case of agencies under the aegis of my Department, I have been advised that in relation to the office of the Revenue Commissioners, Office of Public Works, Valuation Office, State Laboratory, Public Appointments Service and the Commission for Public Service Appointments, there are no civil servants who receive fees, salary or remuneration for membership of Boards of agencies under the aegis of my Department.

The general policy is that public servants should not receive additional remuneration for undertaking other duties in the Public Service, such as acting as directors of state-sponsored bodies or serving on commissions or other such bodies. The principle, usually referred to as the "one person one salary" principle, was first enunciated by the Review Body on Higher Remuneration in the Public Sector in 1972, and it has been a feature of the Public Service since then. The policy was most recently restated in a letter to the secretaries general of all Government departments in 2006.

The Review Body subsequently recommended that payment of fees could be sanctioned in exceptional circumstances. This policy has been implemented on the basis that each of the following conditions must be met:

(1) that the duties involved are neither a part nor an extension of the officer's normal duties, and

(2) that a rigid insistence on the principle of one person-one salary would deny scarce skills to the State, and

(3) that payment is permitted for one additional appointment only, and

(4) that the approval of the Department of Finance for additional payments is required in each case, and

(5) that in no case should payment exceed the normal fee for the activity concerned, and

(6) that the duration of such payment should be limited to one term or 5 years whichever is greater.

One civil servant of my Department receives the normal board fee as a member of the board of a State agency which is under the aegis of another Department as that appointment meets these conditions.

Tax Code.

Dan Neville

Ceist:

283 Deputy Dan Neville asked the Minister for Finance if he will make a statement on the case of a person (details supplied) in County Limerick. [31251/09]

I assume that the Deputy is referring to the income levy in his question. I have been informed by the Revenue Commissioners that persons entitled to hold a full medical card are specifically excluded from the income levy as introduced on 1st May 2009. The individual should supply sufficient evidence to his pension provider that he holds a full medical card. The pension provider will cease deductions of the income levy and can refund immediately any amount of income levy already deducted this year.

It is not necessary for pension providers to wait until the end of year to make any refund due in medical card cases. This matter relates to the case of an individual An Post pensioner and the answer will depend on the specific circumstances involved. The pension related deduction, also known as the pension levy, which was introduced by the Financial Emergency Measures in the Public Interest Act 2009, only applies to payments made to a public servant for his/her services as a public servant. This means that it would not generally apply to pension income.

Financial Services Regulation.

Paul Kehoe

Ceist:

284 Deputy Paul Kehoe asked the Minister for Finance if he is satisfied that the banks at present are functioning as they should be; the instructions he issued to the directors that he placed on the boards of the banks (details supplied); and if he will make a statement on the matter. [31294/09]

The banking system is not functioning as it should be and today I am introducing major new legislation to address this issue. To deal with credit specifically, the Deputy will be aware that a core Government objective is to free up lending on a commercial basis into the economy to support economic growth and a number of actions have been taken to achieve this objective. In the context of the bank guarantee scheme and recapitalisation the banks have made important commitments to support business lending.

As part of the recapitalisation package announced on 11 February, Allied Irish Bank and Bank of Ireland reconfirmed their December commitment to increase lending capacity to small and medium enterprises (SMEs) by 10% and to provide an additional 30% capacity for lending to first time buyers in 2009. If the mortgage lending is not taken up, then the extra capacity will be available to SMEs. AIB and Bank of Ireland have also committed to public campaigns to actively promote small business lending at competitive rates with increased transparency on the criteria to be met. The Financial Regulator have been monitoring compliance with this commitment and no issues have arisen requiring attention. Officials from my Department are also in regular contact with the banks concerned in relation to their progress on implementing these measures.

The Mazars Review of SME lending showed that demand had fallen sharply, with the value of new applications for credit down by 42%. Stock of credit remained static, indicating that new credits matched repayments. I understand that in a normal year, 15% to 20% of outstanding credit might be repaid, so that significant lending must take place, even to keep the figure constant. There has been much comment on cases of refusal of credit by banks. The Review found that refusal rates vary markedly by sector from 6% to 48% according to the SMEs surveyed. This finding clearly contradicts the allegation of a blanket refusal to lend. Mazars also examined a sample of files where credit was refused and found that, in general, "refusal seemed reasonable in the context of normal commercial and business criteria."

Looking to the future, my colleague the Tánaiste and Minister for Enterprise, Trade and Employment has set up a Clearing Group including representatives from the main banks, business interests and state agencies, which is chaired by her Department. The purpose of the group is to identify specific patterns of events or cases where the flow of credit to viable businesses appears to be blocked and to seek to identify credit supply solutions. As part of the ongoing work of the Clearing Group, the Department of Enterprise, Trade and Employment is calling for submissions from viable businesses that have been refused credit by banks. Such businesses, where the flow of credit appears to be blocked, can now send their details to a dedicated e-mail contact point at the Department.

Although the Group cannot act as an appeal mechanism for individual cases of credit refusal, it is charged with seeking to identify credit supply solutions relating to any patterns identified. Information provided by businesses will inform and assist this work. The e-mail contact for submissions to the Credit Supply Clearing Group is creditsupplyclearinggroup@entemp.ie With regard to using my influence through the two public interest directors, the Deputy should be aware that those non-executive Directors appointed in the public interest are treated the same under company law as other directors. Their fiduciary responsibility is to the company and I would stress that these directors do not have a reporting relationship to me or to my Department.

Tax Collection.

Paul Kehoe

Ceist:

285 Deputy Paul Kehoe asked the Minister for Finance his views on whether the black economy will thrive in the current recession; the number of inspections on private one-off house building sites carried out to date in 2009 by the Revenue Commissioners here; the number of inspectors involved in calling to building sites in which one-off houses or extensions are being built; if this is correlated to the commencement notice sent in by home owners for these buildings; and if he will make a statement on the matter. [31295/09]

I am informed by the Revenue Commissioners that statistics are not maintained in a manner which can identify Revenue compliance interventions or activities specific to one-off house building sites or extensions. Revenue maintains statistics on its activities in the construction industry as a whole, and has completed 1,794 audits in the industry to end August 2009, recovering €62m in taxes, interest and penalties. In addition, 83 site visits and 12,155 assurance checks yielding a further €10m have been completed up to the same date. The Commissioners have advised me that as part of their compliance programmes at a local level, projects are undertaken from time to time drawing on information about planning permissions for one-off housing.

The Hidden Economy Monitoring Group operates under the chairmanship of the Revenue Commissioners bringing together the Social Partners and the government departments involved in policing the shadow economy. In this regard, the Revenue's Joint Investigation Unit works closely with the Department of Social and Family Affairs and the National Employment Rights Authority (NERA) in relation to specific shadow economy risks. The Revenue Commissioners keep their audit and tax compliance programmes under constant review to ensure that they are focussed on the areas of greatest risk, including risks from any upsurge in the shadow economy. In total in 2008, Revenue completed 13,414 audits recovering €569.2m in tax, interest and penalties, and over 347,445 assurance checks which brought in €63 million.

Financial Services Regulation.

Paul Kehoe

Ceist:

286 Deputy Paul Kehoe asked the Minister for Finance his views on imposing a ban on all commercial banks getting involved in speculative investment other than deposit accounts (details supplied); and if he will make a statement on the matter. [31296/09]

My role as Minister for Finance with respect to financial regulation is to bring forward legislative proposals to the Oireachtas for the regulation and supervision of the financial services sector. That statutory legislative framework places responsibility for the day-to-day supervision of financial institutions with the Financial Regulator. The Regulator is statutorily independent in the exercise of its supervisory functions.

The Regulator's statutory consumer protection mandate is aimed at helping consumers make informed decisions in a safe and fair marketplace. In this context, the ‘General Principles' of the Regulator's August 2006Consumer Protection Code (Code) stipulates that a regulated entity must ensure that in all its dealings with customers and within the context of its authorisation, it acts honestly, fairly and professionally in the best interests of its customers and the integrity of the market.

In addition, the Code's ‘Common Rules for all Regulated Entities', sets out specific requirements with which a regulated entity must comply in areas such as its terms of business, provision of information to the consumer, preservation of a consumer's rights, knowing the consumer, suitability, unsolicited contact (cold calling), disclosure requirements, handling complaints, conflicts of interest, Chinese walls and compliance with the Code. Chapter 6 of the Code contains specific requirements in relation to investment products including, in relation to tracker bonds, a requirement to warn the customer that the value of an investment may go down as well as up.

Furthermore, the Regulator's July 2006Minimum Competency Requirements set out minimum standards across all financial service providers which are applicable to individuals who, on a professional basis, as, for, or on behalf of, a regulated firm provide advice to consumers on retail financial products, arrange or offer to arrange retail financial products for consumers or undertake certain specified activities. Retail financial products include shares, bonds and other investment instruments and savings, investment and pension products. Regulated entities are required to comply with both the Code and Minimum Competency Requirements as a matter of law and the Regulator will investigate any matter brought to its attention where it appears that these, or any other regulatory requirement, may have been breached by an entity.

Any allegation of mis-selling of financial products is a serious matter and will be treated as such by the relevant authorities and any complaint regarding the conduct of a regulated entity should be brought to the attention of the Regulator for investigation. Where found by the Regulator to have breached its obligations, a regulated entity may be subject to financial or other sanctions, up to and including withdrawal of its authorisation.

The Deputy may wish to note that where a customer has a complaint regarding his / her treatment which has not been resolved through the internal complaints resolution systems of a regulated entity, the customer may also bring the matter to the attention of the Financial Services Ombudsman for investigation. I am satisfied therefore that adequate provisions are in place to regulate the activities to which the Deputy refers. However, if it considered that additional powers are required to address such matters, I am open to considering appropriate suggestions for changes to the statutory framework.

Flood Relief.

Denis Naughten

Ceist:

287 Deputy Denis Naughten asked the Minister for Finance the steps he is taking to address the summer flooding in the Shannon callows; the action he will take to deal with the hardship experienced by farmers in the callows in 2009 as a result of the loss of all fodder crops in the past three years; and if he will make a statement on the matter. [31341/09]

As the Deputy is aware, the Office of Public Works (OPW) carried out some clearance of vegetation in the Callows area to mitigate summer flooding, which has been a particular problem recently, given the wetness of the last two summers. The OPW also undertook to investigate the feasibility of carrying out limited silt removal in the "New Cut" area to establish the impact this would have on water levels. Due to the environmental sensitivity of the area, it has not been possible to date to devise a scheme that would be both acceptable to the National Parks and Wildlife Service (NPWS), and justifiable on cost-benefit grounds.

Arising from recent representations from the IFA, requesting further works to improve channel conveyance capacity, OPW officials met with the NPWS in early September. The OPW is currently seeking to identify works that might be environmentally acceptable, with a view to reverting to the NPWS in the near future. The OPW has also written to Waterways Ireland in relation to the concerns expressed by landowners in the area regarding maintenance of channels and management of water levels. I have personally visited the area on two occasions in the past twelve months in the company of the President of the IFA, Pádraig Walsh, and local residents and farmers, to see the situation for myself and to talk through the issues.

Tax Code.

Denis Naughten

Ceist:

288 Deputy Denis Naughten asked the Minister for Finance his plans to tax child benefit; and if he will make a statement on the matter. [31357/09]

The position in relation to Child Benefit is as set out in my Supplementary Budget on 7 April 2009. My Department, together with the Department of Social and Family Affairs and the Revenue Commissioners are considering the matter.

Customs Service.

Charles Flanagan

Ceist:

289 Deputy Charles Flanagan asked the Minister for Finance if a second Revenue cutter will be delivered in September 2009 as planned; and if he will make a statement on the matter. [31394/09]

I have been informed by the Revenue Commissioners that sea trials are due to commence next week at the shipyard in Finland, where the second Revenue Cutter was built. Following those trials and any necessary changes to the vessel, shipyard personnel are due to deliver the cutter to Ireland for handover to Revenue Customs in the last week of September. The actual delivery date is dependent on the duration of the sea trials and weather conditions during the voyage from Finland to Ireland. Allowing for a short period of time for crew familiarisation, it is expected that the cutter will come into full service in the second half of October.

Charles Flanagan

Ceist:

290 Deputy Charles Flanagan asked the Minister for Finance if a second x-ray container scanner has been delivered to the customs service; if not, the stage the process is at; and if he will make a statement on the matter. [31395/09]

I am informed by the Revenue Commissioners that the container scanner project remains on target for the new scanner to be deployed by the end of this year. The procurement process is at an advanced stage, Revenue having signed the contract and agreed the manufacturing and factory-acceptance testing schedule with the supplier.

Charles Flanagan

Ceist:

291 Deputy Charles Flanagan asked the Minister for Finance the number of customs checks which took place at each airport here in 2007, 2008 and to date in 2009 in tabular form; and if he will make a statement on the matter. [31396/09]

I am advised by the Revenue Commissioners that the table below sets out the number of customs checks at the airports/aerodromes that have flights into and out of the State, on either a scheduled or an on-going basis. The type of customs checks implemented vary significantly, depending on the type and origin of traffic and the level of risk in each case.

Some other aerodromes do have occasional flights into or out of the State, when permission is usually given on a one off basis. These aerodromes, together with all other small aerodromes/airstrips where there is a possibility for flights to arrive from outside the State, are also subject to customs checks, having regard to the level of risk at the aerodrome in question. However, it is not appropriate to publish details of the number of checks in each case, as this could prejudice the control being applied.

2007

2008

2009 (to end August)

Cork

325,500

331,200

207,500

Donegal

44

88

60

Dublin

3,455,831

4,457,208

2,996,864

Galway

176

444

290

Kerry

4,500

4,800

2,500

Knock

606

990

1,275

Shannon

167,182

143,089

67,546

Sligo

72

40

60

Waterford

600

902

165

Weston

18

76

25

Charles Flanagan

Ceist:

292 Deputy Charles Flanagan asked the Minister for Finance the number of sniffer dogs available to customs officers; the locations covered by these sniffer dogs; and if he will make a statement on the matter. [31397/09]

I am advised by the Revenue Commissioners that there are currently 12 detector dog teams in Revenue's Customs Service. The teams are deployed in the Revenue Regions as follows:

Dublin Region — 5 detector dog teams;

South West Region — 3 detector dog teams;

East & South East Region — 3 detector dog teams;

Border Midlands West Region — 1 detector dog team.

A further team is in training and is expected to be operational by the end of the month. This team will be deployed in the Dublin Region.

The teams are primarily deployed across their region of assignment, but are also available to work elsewhere as the exigencies of the Service demand. Their main function is the detection of illicit drugs, but there is also one team trained to detect tobacco/cigarettes and one team trained to detect currency. The Deputy will appreciate that illicit cash movements are the lifeblood of organised crime and drug trafficking. The detector dog teams play an important role in delivering on Revenue's commitments to the Supply Reduction Pillar of the Government's National Drugs Strategy; and the recently published strategy document for the period 2009-2016 recognises this.

Questions Nos. 293 and 294 answered with Question No. 264.

Financial Institutions Support Scheme.

Leo Varadkar

Ceist:

295 Deputy Leo Varadkar asked the Minister for Finance if he has appointed an assessor to determine the value of shares in Anglo Irish Bank; if not, when he will do so; and if he will make a statement on the matter. [31559/09]

Section 22 of the Anglo Irish Bank Corporation Act 2009 provides that I shall appoint an Assessor at an appropriate time having regard to the public interest, to determine the fair and reasonable aggregate value of the transferred shares and extinguished rights and the consequent amount of compensation, if any, that may be payable to persons in respect of Anglo shares transferred and rights extinguished under the Act. Preparatory work on the process to appoint an Assessor is underway in my Department, with a view to making early progress on the appointment. In considering the optimum approach to filling the position of Assessor, I will have regard to best practice internationally on such matters.

Departmental Expenditure.

Damien English

Ceist:

296 Deputy Damien English asked the Minister for Finance the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31578/09]

The following table sets out the amounts spent by my Department and the offices under its aegis on advertising and promotions for each of the years 2004, 2005, 2006, 2007, 2008 and to date in 2009.

2004

2005

2006

2007

2008

Year to date 2009

Office of the Appeals Commissioner

0

0

0

0

0

0

Office of the Commission for Public Service Appointments

29,692

70,436

63,129

45,593

38,404

13,605

Office of the Minister for Finance

309,480

224,637

376,265

312,222

128,062

45,628

Office of the Revenue Commissioners

2,080,000

2,200,000

2,170,000

3,090,000

2,700,000

900,000

Public Appointments Service

1,029,191

1,621,463

1,539,480

1,509,070

1,170,825

108,175

State Laboratory

5,350

0

17,709

5,924

11,032

6,050

Valuation Office

682

8,569

34,973

26,818

26,406

6,691

In the time available for answering the question, the Office of Public Works was unable to compile the information. That Office has advised me that it will forward the information to the Deputy as soon as it is available.

Departmental Programmes.

David Stanton

Ceist:

297 Deputy David Stanton asked the Minister for Finance the cost of administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31712/09]

There is no discernible cost to this Department's vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the tax relief inherent in the scheme. The total amount sanctioned to date by way of cycle purchases for staff of this Department is €10,357.74.

Hospital Staff.

Michael D'Arcy

Ceist:

298 Deputy Michael D’Arcy asked the Minister for Health and Children if she has sanctioned employment as nursing staff of persons who have completed their training under the Health Service Executive’s programme introduced in 2002 to allow hospital administration staff and porters train as nurses; and if she will make a statement on the matter. [30083/09]

In order to implement savings measures on public service numbers, the Government decided that, with effect from 27 March 2009 to end 2010, no post in the public sector, however arising, may be filled by recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade. The decision applies to all grades of permanent and temporary staff, including nursing, notwithstanding a number of specific exemptions, some of which are highlighted below. A HSE circular has issued which gives effect to the Government decision in the public health services and other specific aspects of the employment control framework for the health services.

The Government decision has been modulated to ensure that key services are maintained insofar as possible in the health services, particularly in respect of children at risk, older people and persons with a disability. The HSE will be focussing on the scope that exists within the health services for reorganising and restructuring of work in order to minimise the impact on essential service delivery. The redeployment and reassignment of existing staff will also support the reorientation of care from hospitals to the community to facilitate the development of integrated care. It is seeking a high level of flexibility from staff and unions to achieve this.

In addition, the employment control framework specifically exempts the following front line grades in the health sector from the moratorium: Medical Consultants, Speech and Language Therapists, Occupational Therapists, Physiotherapists, Clinical Psychologists, Behaviour Therapists, Counsellors, Social Workers, and Emergency Medical Technicians. The framework actually allows for a growth in the number of those posts within the overall approved employment ceiling (111,800 wtes) for the health sector. The framework also includes provision for the creation of 225 new development posts this year for cancer and disability services. The focus on these key grades is in line with existing Government policy on the prioritisation of certain development areas, for which significant funding has already been provided. The overall result will be to assist in the reorientation of health employment to services delivered in primary and community care.

The HSE operates a sponsorship scheme for eligible and experienced public service employees who wish to train as nurses/midwives. This scheme was introduced to provide a career development pathway for health care assistants and other support staff who are involved in the delivery of care to patients and clients of the public health service. While these students were undertaking the nursing degree programme they retained their substantive posts and are paid accordingly. There are forty seven students in this cohort who have signed sponsorship contracts which require them to work for their sponsoring employer for a minimum of five years. These student nurses are now due to graduate and register as nurses. The HSE is in discussion with my Department about the implications for this scheme of the moratorium and further information has been sought ahead of making a submission to the Department of Finance on the matter.

Child Care Services.

Brian O'Shea

Ceist:

299 Deputy Brian O’Shea asked the Minister for Health and Children if she will grant the free year pre-school placement to a child (details supplied) in County Waterford; and if she will make a statement on the matter. [30347/09]

As the Deputy will be aware, I have responsibility for the implementation of the new Early Childhood Care and Education (ECCE) scheme which provides a free Pre-School year to eligible children and which will be introduced in January 2010. Children will qualify for the free pre-school year where they are age between 3 years 3 months and 4 years 6 months in September each year. The application of this age range is being interpreted as generously as possible to include children who are aged more than 3 years 2 months and less than 4 years 7 months at 1 September.

This will mean that, in January 2010, children born on or after 2 February 2005 or on or before 30 June 2006 will qualify. In September 2010, children born on or after 2 February 2006 or on or before 30 June 2007 will qualify, and so on in subsequent years. As eligibility is determined by reference to age, the child in question would not be eligible to participate in the scheme in January 2010 being aged 3 years and 1 month old on 1 September 2009, but would be eligible on 1 September 2010 when she will be aged 4 years and 1 month old. Exceptions to the upper age limit will be allowed where children are assessed by the HSE to have special needs or it is necessary to accept children at an older age due to the enrolment policy of the local primary school.

Departmental Properties.

Dan Neville

Ceist:

300 Deputy Dan Neville asked the Minister for Health and Children the amount realised from the sale of St. Mary’s psychiatric hospital, Ennis, County Clare; her plans for the expenditure of same; and the position relating to the implementation of such plan. [30353/09]

Property management is a matter for the Health Service Executive. The question has been referred to the Executive for direct reply.

Homeless Persons.

Caoimhghín Ó Caoláin

Ceist:

301 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the amount of funding that has been allocated to provide for care running costs of homeless services for each year since 2000; the amount that will be allocated to this for the next 12 months; and if she will make a statement on the matter. [30382/09]

As the Deputy's question relates to a service matter it has been referred to the HSE for direct reply.

Caoimhghín Ó Caoláin

Ceist:

302 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she will arrange for the development of guidance on addiction, mental health and other treatment services for people while homeless; and if she will make a statement on the matter. [30393/09]

As the Deputy's question relates to a service matter it has been referred to the HSE for direct reply.

Inter-Country Adoptions.

Pat Breen

Ceist:

303 Deputy Pat Breen asked the Minister for Health and Children, further to Parliamentary Question No. 320 of the 23 June 2009, if she will report on the status of agreeing a bilateral agreement between Ireland and Vietnam. [30469/09]

Dan Neville

Ceist:

304 Deputy Dan Neville asked the Minister for Health and Children the position regarding Irish families who want to adopt children from Vietnam. [30650/09]

John Deasy

Ceist:

308 Deputy John Deasy asked the Minister for Health and Children the status of discussions with the government of Vietnam on the renewal of the bilateral adoption agreement; when she expects the agreement to be concluded; when she expects the resumption of adoptions between Ireland and Vietnam; and if she will make a statement on the matter. [31242/09]

Michael Creed

Ceist:

311 Deputy Michael Creed asked the Minister for Health and Children the position regarding the bilateral adoption agreement with Vietnam; and if she will make a statement on the matter. [31830/09]

Bernard J. Durkan

Ceist:

312 Deputy Bernard J. Durkan asked the Minister for Health and Children the position in relation to the bilateral agreement between Ireland and Vietnam; the progress on same in the past three months; and if she will make a statement on the matter. [31988/09]

Olivia Mitchell

Ceist:

347 Deputy Olivia Mitchell asked the Minister for Health and Children the position regarding the current situation in respect of Vietnamese adoptions; the likelihood of an imminent bilateral agreement; and if she will make a statement on the matter. [30341/09]

Brian O'Shea

Ceist:

348 Deputy Brian O’Shea asked the Minister for Health and Children if a date has been set for the meeting here with officials from Vietnam in regard to the resumption of an adoption agreement between the two states; and if she will make a statement on the matter. [30348/09]

Finian McGrath

Ceist:

378 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30483/09]

Phil Hogan

Ceist:

398 Deputy Phil Hogan asked the Minister for Health and Children the position regarding adoption between Ireland and Vietnam; and if she will make a statement on the matter. [30555/09]

Catherine Byrne

Ceist:

405 Deputy Catherine Byrne asked the Minister for Health and Children the position regarding the bilateral adoption agreement with Vietnam; when a new agreement will be reached and implemented in order to enable adoptions between Ireland and Vietnam to proceed; and if she will make a statement on the matter. [30691/09]

Alan Shatter

Ceist:

412 Deputy Alan Shatter asked the Minister for Health and Children the position regarding the arrangement of a new bilateral adoption agreement with Vietnam; the further steps being taken to progress matters. [30751/09]

Niall Collins

Ceist:

424 Deputy Niall Collins asked the Minister for Health and Children the position regarding the Ireland-Vietnam bilateral adoption agreement; when families here can expect that adoptions will recommence; and if she will make a statement on the matter. [30818/09]

Mary Upton

Ceist:

439 Deputy Mary Upton asked the Minister for Health and Children when she expects progress to be made in relation to the arrangements for adoption, between Ireland and Vietnam; the reason the bilateral arrangements have been allowed to falter; if her attention has been drawn to the impact the protracted delay and shut-down of adoptions from Vietnam is having on couples here who had expected the process to proceed and roll-over after the five year arrangement had lapsed; the action she will take to reactivate the process and ensure that those prospective adoptive parents can be assisted in moving on the process; and if she will make a statement on the matter. [30986/09]

Jim O'Keeffe

Ceist:

447 Deputy Jim O’Keeffe asked the Minister for Health and Children the position in relation to the renewal of the bilateral adoption agreement between Ireland and Vietnam; if arrangements are in place to resolve this issue; and if she will make a statement on the matter. [31062/09]

Jim O'Keeffe

Ceist:

449 Deputy Jim O’Keeffe asked the Minister for Health and Children when further face-to-face discussions will take place with Vietnamese officials to finalise a new bilateral adoption agreement between Ireland and Vietnam; and the timeframe for the resolution of all outstanding issues. [31064/09]

Tom Hayes

Ceist:

461 Deputy Tom Hayes asked the Minister for Health and Children if a draft agreement with Vietnam has been submitted to the Vietnamese authorities to allow adoptions to recommence with Vietnam. [31255/09]

Tom Hayes

Ceist:

462 Deputy Tom Hayes asked the Minister for Health and Children the position regarding both the interim agreement with Vietnam and the draft new agreement with Vietnam to allow adoptions to resume with that country; the number of families awaiting adoptions that have been delayed due to the issues with these agreements; and if she will make a statement on the matter. [31256/09]

Tom Hayes

Ceist:

463 Deputy Tom Hayes asked the Minister for Health and Children the outcome of the Minister of State’s trip to Vietnam to resolve issues arising from the adoption process between both countries; and if she will make a statement on the matter. [31257/09]

Joe Carey

Ceist:

465 Deputy Joe Carey asked the Minister for Health and Children the position regarding the efforts of the Minister of State with responsibility for children over summer 2009 in relation to renewing the bilateral agreement with Vietnam; when she expects a conclusion to the matter; and if she will make a statement on the matter. [31266/09]

I propose to take Questions Nos. 303, 304, 308, 311, 312, 347, 348, 378, 398, 405, 412, 424, 439, 447, 449, 461, 462, 463 and 465 together.

The issue of intercountry adoption and, in particular, the negotiation of a new bilateral agreement with Vietnam has been given considerable priority by my officials over the last year. I have advised the House and parent/prospective adoptive parent representative groups on many occasions regarding the developments in relation to those discussions. I must emphasise, yet again, that the Government's objective is to provide a regime in which the child is at the centre of the adoption process, whether it is an intercountry or domestic adoption, and that adoptions are effected in a manner which is safe and secure.

The most important development in achieving that objective is the development of an appropriate legislative regime which recognises the changed and changing global situation regarding adoption over the last 20 years. The Adoption Bill, which includes the regime of the Hague Convention, provides an assurance for individual children, their families, and the State, that appropriate procedures have been followed and that the adoption was affected in the best interests of the child. A core principle of the Adoption Bill and the Hague Convention is that the child's interests must be paramount. The Hague Convention, which is given the force of law in this Bill, effectively puts in place an agreement between states to regulate the standards that will apply in each jurisdiction. It is to safeguard that acceptable standards are being applied in other countries, over which we have no jurisdiction.

Over the last month two significant Reports have been undertaken regarding child welfare, protection and adoption in Vietnam. Firstly, in August 2009 Ministry of Labour, Invalids and Social Affairs with technical assistance UNICEF in Vietnam published a report entitled "Creating a protective environment for children in Viet Nam : An assessment of child protection laws and policies, especially children in special circumstances in Viet Nam” . Some of the issues raised in this Report had already been under consideration in the context of ongoing deliberations of the drafting of a new bilateral agreement with the Vietnamese. However, this Report has highlighted significant policy and legal implications and warrants further deliberation.

Furthermore, I have received in draft form a report of an examination of intercountry adoption in Vietnam carried out by the International Social Services (ISS). The Report was commissioned by UNICEF in coordination with the Ministry of Justice of Vietnam. It aims, inter alia, to "identify and address problems in both domestic and Intercountry Adoption processes with a view to assisting Vietnam in its preparations to ratify the Hague Convention”. This report is likely to give rise to further issues that will need to be considered.

I must stress that these two reports, both prepared in co-operation with the Vietnamese Government, and UNICEF, go to the heart of the matter in relation to concerns in relation to intercountry adoption in Vietnam. I would be failing in my duty to protect children if I did not acknowledge and consider the content of these reports extremely carefully before deciding on next steps. In saying that, these Reports also serve to highlight the commitment of the Vietnamese Government to ensuring that the adoption process in Vietnam is in line with the best international standards and their willingness to address issues at the core of that commitment. I am currently awaiting finalisation of the ISS Report. While work is continuing on the draft of the Agreement under discussion, I am of the view that the next round of talks at official level in Ireland should await the outcome of our consideration of these two reports.

This is an extremely sensitive matter and I am aware of the likely concerns of the many Irish families that have already adopted children from Vietnam. I have consulted with the Adoption Board and they have advised that all adoptions from Vietnam, which have been registered on the Register of Foreign Adoptions, are safe and secure. I am also acutely conscious of the concerns of prospective adoptive parents. Over the past number of months I have met regularly with both individual prospective adoptive parents and representative groups. I am deeply aware of the angst, frustration and emotion that prospective adoptive parents continue to experience at this time. I have communicated at every opportunity updates on these matters and I have committed to continuing with this process. I can only reiterate that my personal commitment and the Government's commitment is to seeking the necessary assurances to allow us to proceed to conclude an intercountry adoption agreement with Vietnam.

Health Services.

Leo Varadkar

Ceist:

305 Deputy Leo Varadkar asked the Minister for Health and Children if she will reverse her decision to cap the hours for a special needs assistant in respect of a child (details supplied) in Dublin 15; and if she will make a statement on the matter. [30897/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Child Care Services.

Leo Varadkar

Ceist:

306 Deputy Leo Varadkar asked the Minister for Health and Children if a child (details supplied) in Dublin 15 is excluded from the early childhood and education scheme; the reason for same; the options available to the child to ensure that they receive appropriate education; and if she will make a statement on the matter. [30898/09]

As the Deputy will be aware, I have responsibility for the implementation of the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme which is being introduced in January 2010. Services participating in the scheme in January 2010 will accept enrolments over the coming months. The ECCE scheme is a general one and services participating will be required to make reasonable accommodation for children with special needs in accordance with the Equal Status Acts 2000 to 2004. However, the scheme takes account of a number of issues to accommodate children with special needs.

While the age range in which children will qualify for the scheme is, generally, between 3 years 3 months and 4 years 6 months on 1 September each year, exceptions are allowed where a child has been assessed by the HSE as having a special need which will delay his or her entry to primary school. In such cases, the pre-school year relevant to such children will be taken as their qualifying year. Additionally, the general requirement that a child would be expected to attend 4 or 5 days each week will not apply to children with special needs where a shorter week would be more appropriate to their needs.

Many specialist pre-school services arrange for children attending their services to also attend a mainstream service for 1, 2, or 3 days a week. In such cases, a single place in a mainstream service may cater for 2 or more children over the course of the week. While pro-rata arrangements will not generally be allowed to continue beyond September 2010, they will be allowed to continue for children with special needs. Where appropriate, children with special needs and attending a pre-school service on a pro-rata basis, may be permitted to avail of a second free pre-school year e.g. attending 2 days per week in the first year and 3 days per week in the second. Should additional flexibility in the arrangements for the scheme be required by specialist pre-school services for children with special needs, these will also be considered.

Health Services.

Pat Breen

Ceist:

307 Deputy Pat Breen asked the Minister for Health and Children if extra hours will be allocated in the case of a person (details supplied) in County Clare; and if she will make a statement on the matter. [30918/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Question No. 308 answered with Question No. 303.

Health Service Allowances.

James Bannon

Ceist:

309 Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Westmeath has lost their domiciliary allowance; and if she will make a statement on the matter. [31389/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Bernard J. Durkan

Ceist:

310 Deputy Bernard J. Durkan asked the Minister for Health and Children when mobility allowance will be reinstated in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31808/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Questions Nos. 311 and 312 answered with Question No. 303.

Health Services.

Frank Feighan

Ceist:

313 Deputy Frank Feighan asked the Minister for Health and Children if she will ensure increased home help hours are made available to a person (details supplied) in County Leitrim. [30079/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Services.

James Reilly

Ceist:

314 Deputy James Reilly asked the Minister for Health and Children if there is adequate cover for emergency operations for persons who have detached retinas and need surgery as soon as possible to restore their sight; if her attention has been drawn to the fact that no hospital here could accommodate a person (details supplied) with the necessary emergency surgery to restore their sight and that this person was told that they would have to have the operation in a private clinic as there was no service available here in a timely manner for this surgery; and if she will make a statement on the matter. [30081/09]

As this is a service matter, it has been referred to the HSE for direct reply.

John Deasy

Ceist:

315 Deputy John Deasy asked the Minister for Health and Children the level of funding that will be allocated to the Health Service Executive south for the development of Waterford Regional Hospital over the next ten years; and if she will make a statement on the matter. [30114/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards.

John Deasy

Ceist:

316 Deputy John Deasy asked the Minister for Health and Children the number of people in Waterford city and county possessing medical cards in each of the years from 2002 to date in 2009; the breakdown of the number between full medical cards, general practitioner only cards and over 70s cards; and if she will make a statement on the matter. [30115/09]

The Health Service Executive (HSE) has the operational and funding responsibility for the medical card and GP visit card benefits. It collates medical card and GP visit card data by county, age and gender. Therefore, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Health Services.

John Deasy

Ceist:

317 Deputy John Deasy asked the Minister for Health and Children the number of home help hours allocated in County Waterford for each year since 2004 to date in 2009; the number of persons benefiting in each year; the budget allocated in each year in County Waterford; if the allocation was used in each year; and if she will make a statement on the matter. [30116/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards.

Seán Barrett

Ceist:

318 Deputy Seán Barrett asked the Minister for Health and Children the reason the matter of the over 70s medical cards was removed from the responsibilities of the Health Service Executive community services and centralised in the HSE primary care reimbursement services in Finglas, Dublin 11; if her attention has been drawn to the fact that over 70s medical card applications have been lost and that delays have ensued as a result; if she will direct the HSE chief executive to restore this service to the local HSE offices where elderly persons have more personal contact and familiarity; and if she will make a statement on the matter. [30120/09]

Up to the start of this year, medical card and GP visit card applications were processed in the Health Service Executive's (HSE's) 32 local health areas. However, under the HSE's 2009 Service Plan, the processing of all medical card and GP visit card applications will transfer to the Executive's Primary Care Reimbursement Service (PCRS) in Dublin. The change is being implemented on a phased basis and has commenced with the PCRS processing all medical card applications for persons aged 70 or over. The phased implementation will allow the situation to be continuously monitored and, if required, modified to address any issues arising. The HSE has also given an assurance that specific queries in relation to any medical card application will be followed through to completion, as quickly as possible.

The HSE has advised my Department that there are no plans to close any of the local health offices and these offices will continue to deal with queries of a general nature about the medical card scheme and will provide any assistance needed with the application process. However, the process will involve a reassignment of existing human resources within the HSE to other critical frontline services and the Executive is working through the formal process with the trade union involved. This flexibility by public service workers is essential in the context of the current economic environment.

Under the new arrangements, the HSE will be aiming for a turnaround time of 15 days or less for all medical card applications. Emergency applications will be dealt with immediately with a card issuing within 24 hours. Applications from people whose income exceeds the income guidelines but have a case to be considered on medical or hardship grounds will also be processed by the PCRS.

I fully support the HSE's decision to centralise the medical card and GP visit card application and review process to one location. The HSE has advised that when fully implemented, this measure will ensure:

Improved turnaround time for the processing of applications;

Equitable application of eligibility across the country;

Consistency of service provision to customers;

Clearer lines of governance and accountability; and

Improved unified data.

The HSE has also indicated that this project, while realising health sector efficiencies and savings, will not have an adverse affect on patient care or the quality of service provided. This project is an example of the type of innovation signalled in the Transforming Public Services Programme announced by the Taoiseach last November. It demonstrates how improved services can be delivered within the more limited resources available in a way which meets the needs of citizens in a modern society.

Teaching Qualifications.

Pat Breen

Ceist:

319 Deputy Pat Breen asked the Minister for Health and Children, further to Parliamentary Question No. 125 of 19 April 2009, if she will clarify a situation (details supplied); and if she will make a statement on the matter. [30121/09]

As the Deputy will be aware, I have responsibility for the implementation of the new Early Childhood Care and Education (ECCE) scheme which provides a free Pre-School year to eligible children and which will be introduced in January 2010. It is a requirement of the ECCE scheme that pre-school leaders in services participating in the scheme hold a qualification in childcare which is equivalent to FETAC Level 5 on the National Framework of Qualifications of Ireland (NFQ). However, in the first two full years of the scheme, the requirement will be met where a person holds a childcare qualification that includes the four core modules of Early Education, Child Development, Caring for Children and Work Experience and has at least 2 years experience of working in a position of responsibility with children in the 0 -6 age range.

Quite a number of workers in the ECCE sector lack formal qualifications but have many years of experience. The challenge now is to recognise the non-formal learning of workers in this position and to ensure that there are flexible ways for people to obtain qualifications and to build on these qualifications. Ireland has been participating in an OECD study on the recognition of non-formal and informal learning. A national report was drafted in 2006/2007 by the National Qualifications Authority of Ireland with the assistance of an Advisory Group and, in particular, with HETAC and FETAC. The aim of the report was to document and review the current situation in Ireland regarding the recognition of prior non-formal and informal learning. The OECD's review team report was published in December 2008 and a national action plan for the Recognition of Prior Learning is now being developed.

Service providers with pre-school year leaders who do not hold the required qualification in all four modules in time to enter the scheme in respect of January/August 2010, will have a further opportunity to enter the scheme in respect of the pre-school year commencing in September 2010.

Proposed Legislation.

Finian McGrath

Ceist:

320 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30134/09]

A Road Traffic Bill which, inter alia, provides for a reduction in the Blood Alcohol Concentration (BAC) levels for drivers, is being prepared by the Minister for Transport. The Bill takes account of the proposed BAC levels made by the Road Safety Authority last year. I am confident that the provisions in the Road Traffic Bill will contribute to significant further improvements in road safety.

Medical Cards.

James Bannon

Ceist:

321 Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Longford has had his or her medical card withdrawn; and if she will make a statement on the matter. [30135/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services.

James Bannon

Ceist:

322 Deputy James Bannon asked the Minister for Health and Children when a child (details supplied) in County Longford will receive orthodontic treatment which was approved in January 2009, with a stated four month call up schedule; and if she will make a statement on the matter. [30137/09]

As this is a service matter it has been referred to the HSE for direct reply.

Finian McGrath

Ceist:

323 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30147/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Jimmy Devins

Ceist:

324 Deputy Jimmy Devins asked the Minister for Health and Children if she will expedite a surgical procedure for a person (details supplied) in County Sligo. [30167/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Finian McGrath

Ceist:

325 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Waterford. [30189/09]

The Health Service Executive has recently reached agreement with the three Dublin paediatric and Cappagh hospitals on proposals to specifically address the needs of a number of patients who are awaiting spinal surgery procedures for the treatment of scoliosis between now and year end. Some procedures under this agreement have commenced. My Department has referred this particular case to the Executive for examination and direct reply.

Finian McGrath

Ceist:

326 Deputy Finian McGrath asked the Minister for Health and Children if she will respond to a query from a person (details supplied). [30205/09]

The Health Service Executive has recently reached agreement with the three Dublin paediatric and Cappagh hospitals on proposals to specifically address the needs of a number of patients who are awaiting spinal surgery procedures for the treatment of scoliosis between now and year end. Some procedures under this agreement have commenced. My Department has referred this particular case to the Executive for examination and direct reply.

Parliamentary Questions.

Fergus O'Dowd

Ceist:

327 Deputy Fergus O’Dowd asked the Minister for Health and Children when this Deputy will receive a reply from the Health Service Executive to Parliamentary Question No. 212 of 28 April 2009; and if she will make a statement on the matter. [30214/09]

Fergus O'Dowd

Ceist:

339 Deputy Fergus O’Dowd asked the Minister for Health and Children if she will respond to Parliamentary Question No. 248 of 30 June 2009. [30300/09]

I propose to take Questions Nos. 327 and 339 together.

I understand from the Health Service Executive that a reply to the PQs referred to above issued to the Deputy on the 6th of August 2009.

Accident and Emergency Services.

Fergus O'Dowd

Ceist:

328 Deputy Fergus O’Dowd asked the Minister for Health and Children when the new accident and emergency department at Our Lady of Lourdes Hospital, Drogheda, County Louth will be opened; and if she will make a statement on the matter. [30252/09]

Fergus O'Dowd

Ceist:

346 Deputy Fergus O’Dowd asked the Minister for Health and Children when the new accident and emergency unit at Our Lady of Lourdes Hospital in County Louth will open; and if she will make a statement on the matter. [30337/09]

I propose to take Questions Nos. 328 and 346 together.

As this is a service matter, it has been referred to the HSE for direct reply.

Child Abuse.

Ruairí Quinn

Ceist:

329 Deputy Ruairí Quinn asked the Minister for Health and Children if she has seen a copy of correspondence (details supplied); her views on whether this is a flaw in the board’s remit in view of the fact that the Catholic Church, through its role as patron of many schools, acts in loco parentis for many children on a daily basis; her further views on whether the hierarchy of the Catholic Church should be obliged to report all allegations of abuse within Catholic schools to her, the Health Service Executive, the Department of Education and Science and the National Board for Safeguarding Children in the Catholic Church; the measures she will take to rectify the situation; and if she will make a statement on the matter. [30263/09]

I have seen a copy of the correspondence to which the Deputy has referred.

Guidance on the reporting to the HSE of an allegation of abuse in a school or elsewhere is set out under the Children First National Guidelines for the Protection and Welfare of Children. In 2001 and 2004 the Department of Education and Science issued Child Protection Guidelines and Procedures to all primary and post-primary schools, based on Children First. These guidelines outline the reporting procedures to be followed by schools when an allegation of abuse comes to light, including the reporting of same to the HSE and other agencies, such as An Garda Síochána. The guidelines for schools require each Board of Management to designate a senior member of staff as the Designated Liaison Person (DLP) for the school. The DLP acts as a liaison person with the health authorities and other agencies on child protection issues and as a resource for any staff member who has concerns in this regard. I have no direct function in relation to the work of the National Board for Safeguarding Children in the Catholic Church.

Health Services.

Finian McGrath

Ceist:

330 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [30274/09]

The Deputy will be aware that I arranged for a similar question raised by him on 19 May 2009 to be referred to the Health Service Executive for direct reply. I understand from the Executive that Gheel Autism Services will offer support to the individual concerned. As the Deputy's current question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Long-Term Illness Scheme.

Seán Barrett

Ceist:

331 Deputy Seán Barrett asked the Minister for Health and Children the reason Crohn’s disease does not qualify under the long-term illness scheme; if her attention has been drawn to the fact that Crohn’s disease requires lengthy follow-up maintenance treatment extending over the patient’s lifetime; and if she will make a statement on the matter. [30275/09]

There are currently no plans to extend the list of eligible conditions covered by the Long Term Illness Scheme, which was introduced on a statutory basis in 1971. Under the Drugs Payment Scheme, which was introduced in 1999, no individual or family unit pays more than €100 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines.

In addition, people who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.

Health Services.

Caoimhghín Ó Caoláin

Ceist:

332 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if it is the case that preconditions for registration previously imposed on individual nursing homes by the Health Service Executive will remain in place until they have been inspected by the Health Information and Quality Authority; and if she will make a statement on the matter. [30280/09]

Yes, Section 104 of the Health Act, 2007 provides that certificates given under the Health (Nursing Homes) Act, 1990 continue to have effect as if given under the Health Act, 2007. The Deputy will be aware that the process of the registration and inspection of nursing homes under the Health Act, 2007 (Registration of Designated Centres for Older People) Regulations commenced on July 1st. A transitional provision in the 2007 Act allows existing designated centres carry on their business for a period not exceeding 3 years, or such shorter period as the Chief Inspector for Social Services may determine.

Child Care Services.

Alan Shatter

Ceist:

333 Deputy Alan Shatter asked the Minister for Health and Children the amount of funding she proposes to make available to 30 child care services for capital funding from the national child care investment programme; the funding available for such purposes from the NCIP; the origin of the funding, in the context of the county and city child care committees being informed that no further capital allocations would be made under the NCIP; the applications which will be progressed; the basis upon which such funding was decided; and the purpose for which it is to be utilised. [30282/09]

As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme (NCIP) 2006-2010 under which capital grant funding is made available to community and commercial childcare providers for the development of childcare facilities. Applications for capital grant funding under the NCIP were processed, in the first instance, by the City and County Childcare Committees (CCCs). To assist them in this process, each CCC was advised of the indicative capital budget against which they should prioritise applications during 2008. The total indicative capital budgets advised to the CCCs for 2008 amounted to €125 million. Having assessed and prioritised capital grant applications against their 2008 indicative capital budgets, the CCCs forwarded the applications received by them to Pobal, who manage the day to day implementation of the NCIP on behalf of my Office, in June 2008.

A further assessment of the applications was carried out by Pobal and resulted in applications with a total value of €85 million being forwarded for consideration and approval by this Office in Autumn 2008, coinciding with the economic downturn and the review of Government expenditure which took place at that time, particularly in relation to the undertaking of additional capital commitments. It was necessary to defer any decision in respect of new capital commitments pending the outcome of the expenditure review. In April 2009, this Office was advised that no further capital commitments could be undertaken at that point and the closure of the NCIP capital programme to new applicants was announced.

In discussions with the Department of Finance, this Office pressed to secure some additional funding to enable projects which were considered to be high priority to proceed. Key criteria in determining priority applications were severe disadvantage and where an existing community service was in danger of closure if necessary repairs required by the HSE Inspectorate could not be carried out. As a result, it was agreed that additional funding amounting to €10.6 million, to assist 29 applicants, would be allocated to the programme in 2010.

Hospital Waiting Lists.

Thomas P. Broughan

Ceist:

334 Deputy Thomas P. Broughan asked the Minister for Health and Children the number of persons on the waiting list to see a consultant urologist at Beaumont Hospital; the average waiting time to see a consultant urologist; the steps being taken to reduce waiting times; and if she will make a statement on the matter. [30286/09]

The management of waiting lists generally is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy's question to the Executive for direct reply.

Health Services.

James Bannon

Ceist:

335 Deputy James Bannon asked the Minister for Health and Children the reason persons (details supplied) are allegedly barred from a public hospital in Mullingar, County Westmeath; the further reason there are rat traps all over the hospital; the reason a patient has burns on their arm; and if she will make a statement on the matter. [30291/09]

While this is a service matter and has been referred to the Health Service Executive for direct reply the Deputy will be aware that from 1 July, 2009 the Health Information and Quality Authority is responsible for the registration and inspection of all residential care services for older people. This means that for the first time, all HSE operated centres and private nursing homes will be subject to independent registration and inspection. This is a significant step forward in the protection of the rights of older people living in residential care settings across the country.

National Treatment Purchase Fund.

Michael Noonan

Ceist:

336 Deputy Michael Noonan asked the Minister for Health and Children the reason a person (details supplied) in County Limerick is not included on the National Treatment Purchase Fund list for surgery; and if she will make a statement on the matter. [30293/09]

I understand the National Treatment Purchase Fund (NTPF) has been in contact with the person in question and that he is due to be referred by the NTPF for an initial consultation at a private hospital in October. It is anticipated that he will be scheduled for surgery within six to eight weeks of this consultation.

Medical Cards.

Thomas Byrne

Ceist:

337 Deputy Thomas Byrne asked the Minister for Health and Children the number of medical card renewal applications processed by the Health Service Executive in County Meath to date in 2009; the number of these renewal applications which were approved; and the number which were refused. [30294/09]

The information sought by the Deputy is not provided by the Health Service Executive to my Department as a matter of routine. Therefore, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Health Services.

Leo Varadkar

Ceist:

338 Deputy Leo Varadkar asked the Minister for Health and Children if the Health Information and Quality Authority has carried out an assessment of the efficacy and cost effectiveness of the Buteyko method of treating asthma or will do so; and if she will make a statement on the matter. [30297/09]

The Health Information and Quality Authority has not carried out an assessment of the efficacy and cost effectiveness of the Buteyko method of treating asthma and has no immediate plans to do so. The Buteyko method of treating asthma is based on the use of breathing techniques. The use of any treatment modality in any area of medical practice is a matter for individual practitioners based on best practice as reflected in the peer-reviewed research literature, standards and guidance provided by professional bodies and practitioners' own individual experience.

Question No. 339 answered with Question No. 327.

Finian McGrath

Ceist:

340 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Louth. [30304/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Tobacco-Related Diseases.

Thomas Byrne

Ceist:

341 Deputy Thomas Byrne asked the Minister for Health and Children if her attention has been drawn to a problem regarding the importation of cigarettes; her views on whether such products represent a threat to public health; the action she will take regarding same; and if she will make a statement on the matter. [30318/09]

I am aware of this issue. As all consumption of tobacco products is harmful to health, it is clear that the smoking of counterfeit cigarettes which look like cigarettes on which Irish taxes have been paid as they incorporate a forged Revenue stamp is also harmful. Responding to this issue is a matter for the Revenue Commissioners and An Garda Síochána.

Child Care Services.

Dan Neville

Ceist:

342 Deputy Dan Neville asked the Minister for Health and Children, further to Parliamentary Question No. 229 of 7 July 2009, if she will make a statement on a matter (details supplied) in County Limerick. [30321/09]

As the Deputy is aware I have responsibility for the National Childcare Investment Programme (NCIP) 2006-2010 under which the Community Childcare Subvention Scheme (CCSS) is implemented. I understand that an application for CCSS funding for the service in question has been approved, subject to sufficient funding being available to the Scheme in 2010. A letter issued to the group on the 10th August 2009 advising them of this decision.

Health Services.

Finian McGrath

Ceist:

343 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30328/09]

As this is a service issue, it has been referred to the HSE for direct reply.

Finian McGrath

Ceist:

344 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30329/09]

As this is a service issue, it has been referred to the HSE for direct reply.

Finian McGrath

Ceist:

345 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30336/09]

As this is a service issue, it has been referred to the HSE for direct reply.

Question No. 346 answered with Question No. 328.
Questions Nos. 347 and 348 answered with Question No. 303.

Finian McGrath

Ceist:

349 Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) in Dublin 17 will be supported. [30374/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Child Abuse.

Caoimhghín Ó Caoláin

Ceist:

350 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 82 of 25 June 2009, the number of reported cases of child abuse excluding child welfare concerns during each of the years 2004, 2005, 2006, 2007, and 2008. [30380/09]

As this is a service matter it has been referred to the HSE for direct reply.

Health Service Staff.

Caoimhghín Ó Caoláin

Ceist:

351 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of staff and their location in each local health office area that cater for the specific needs of individuals experiencing severe psychiatric problems that have difficulties living in an independent environment; and if she will make a statement on the matter. [30386/09]

As this is a service matter the question has been referred to the HSE for direct reply.

Homeless Persons.

Caoimhghín Ó Caoláin

Ceist:

352 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the steps that she has taken to ensure that discharge policies for homeless people are adequate and will be implemented effectively in mental health facilities and hospitals; and if she will make a statement on the matter. [30387/09]

As this is a service matter the question has been referred to the HSE for direct reply.

Health Service Staff.

Caoimhghín Ó Caoláin

Ceist:

353 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of members of child and adolescent mental health teams who have had specific training or the clinical experience necessary to deal with the specific needs of transgender children and young people; and if she will make a statement on the matter. [30394/09]

As this is a service matter the question has been referred to the HSE for direct reply.

Caoimhghín Ó Caoláin

Ceist:

354 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the details of the gender awareness training that social workers undergo at practitioner level; the person who provides this training; the extent to which is a part of continuing professional development social worker training; and if she will make a statement on the matter. [30395/09]

My Department has no direct role in the recruitment and employment of health service grades, including social workers, as that function is carried out by the Health Service Executive. I have been informed by the HSE that all new social work appointees are invited to attend the Corporate Induction programme; the module on Equality & Diversity addresses, among other issues, discrimination on gender grounds. As part of their training student social workers cover issues on gender awareness in a module on Discriminatory Practice and this issue is further reinforced during their clinical placements.

The Professional Education Department, HR Directorate of the HSE facilitates the continuing professional development (CPD) of social workers as far as is possible. It is a matter for the individual in consultation with their manager to determine the CPD activity which will enable them to develop professionally and in line with their professional development goals. In 2008 funding was provided to support the development of an electronic CPD recording system for social workers across the Health Services. Personal Development Planning and Team Based Performance Management are just some of the mechanisms which are in place for social workers and all staff to assist them in determining their development needs.

Health Services.

Caoimhghín Ó Caoláin

Ceist:

355 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the level of funding and the types of support her Department and the Health Service Executive has allocated to an organisation (details supplied); and if she will make a statement on the matter. [30396/09]

Caoimhghín Ó Caoláin

Ceist:

356 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the engagement she has had with transgender people or relevant organisations on developing a treatment path for appropriate transgender health care. [30398/09]

Caoimhghín Ó Caoláin

Ceist:

404 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of persons who have been referred by social workers or mental health professionals for sexual orientation conversion therapy or reparative therapy in each of the past three years; the agencies that persons have been referred to; and if she will make a statement on the matter. [30670/09]

I propose to take Questions Nos. 355, 356 and 404 together.

As this is a service matter the question has been referred to the HSE for direct reply.

Departmental Reports.

Caoimhghín Ó Caoláin

Ceist:

357 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the reason the recommendations of the 2004 Equality Authority Access to Health Services for Transsexual People have not yet been implemented; when same will be implemented; and if she will make a statement on the matter. [30399/09]

This report was published prior to the establishment of the Health Service Executive and many of the issues raised in this report are now more appropriate to the HSE. Officials of my Department will be meeting the HSE shortly and this issue will be discussed at that meeting. I will write to the Deputy regarding the outcome of the meeting.

Caoimhghín Ó Caoláin

Ceist:

358 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the recommendations of the National Review of Sexual Assault Treatment Services which have not yet been implemented; the reason these recommendations have not yet been implemented; her plans to implement outstanding recommendations; and if she will make a statement on the matter. [30400/09]

This Report made a range of recommendations relevant to a wide number of Departments and Agencies including the Garda Síochána and the HSE. A detailed reply to the Deputy's question is being assembled and I will write to him as soon as possible.

Sexual Offences.

Caoimhghín Ó Caoláin

Ceist:

359 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the examination that her Department has undertaken of the documentation on the Management of Sex Offenders published by the Minister for Justice, Equality and Law Reform; her plans to implement policy relating to this document; and if she will make a statement on the matter. [30401/09]

This issue has been brought to the attention of the Health Service Executive by my Department. Implementation of policy relevant to the health service on foot of this report falls to the HSE and the HSE has been asked to reply directly to the Deputy in regard to its remit.

Caoimhghín Ó Caoláin

Ceist:

360 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of forensic medical examiners employed in hospitals here who work with victims of sexual assaults; the hospitals where same are employed; and if she will make a statement on the matter. [30415/09]

Caoimhghín Ó Caoláin

Ceist:

361 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the average length of time it takes for a victim of sexual assault to get to a sexual assault treatment unit; and if she will make a statement on the matter. [30416/09]

Caoimhghín Ó Caoláin

Ceist:

362 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the rate of cases of sexual assault treated in sexual assault treatment units per 100,000 in each Health Service Executive area; the national average of sexual assaults per 100,000 of the population; and if she will make a statement on the matter. [30417/09]

Caoimhghín Ó Caoláin

Ceist:

363 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the position regarding increasing the standardisation of existing services for sexual assault treatments in management procedures, personnel issues, support workers, scope of services offered, monitoring guidelines, national guidelines, inter-referral pathways; and if she will make a statement on the matter. [30418/09]

Caoimhghín Ó Caoláin

Ceist:

365 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if medico-legal reports in sexual assault treatment units are automatically taped following forensic medical examination; and if she will make a statement on the matter. [30421/09]

Caoimhghín Ó Caoláin

Ceist:

366 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if progress has been made in the collation, analysis, and publication of annual statistics on sexual assaults; and if she will make a statement on the matter. [30422/09]

Caoimhghín Ó Caoláin

Ceist:

369 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if professional accredited training programmes for doctors on the treatment of victims of rape or sexual assault, medico-legal documentation, court-room appearance, and psychological consequences of rape or sexual assault have been established; the level of uptake on these programmes; and if she will make a statement on the matter. [30425/09]

I propose to take Questions Nos. 360 to 363, inclusive, 365, 366 and 369 together.

As the Deputy's questions relate to a service matter they have been referred to the HSE for direct reply.

Hospital Staff.

Caoimhghín Ó Caoláin

Ceist:

364 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of people who have qualified as clinical nurse specialists in forensic nursing in the pilot programme since its inception; the number of qualified clinical nurse specialists in forensic nursing that are employed in public hospitals; and if she will make a statement on the matter. [30419/09]

As this is a service matter it has been referred to the HSE for direct reply.

Questions Nos. 365 and 366 answered with Question No. 360.

Sexual Offences.

Caoimhghín Ó Caoláin

Ceist:

367 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the areas of research needs that have been identified by the national steering committee on violence against women in the area of rape or sexual assault; and if she will make a statement on the matter. [30423/09]

The National Steering Committee on Violence Against Women operates under the aegis of Cosc — The National Office for the Prevention of Domestic, Sexual and Gender-based Violence. The Deputy's query has been referred to Cosc for attention and direct reply.

Caoimhghín Ó Caoláin

Ceist:

368 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she has examined the provision of services to children who are victims of sexual assault; the services available to them here; the services which are availed of abroad; and if she will make a statement on the matter. [30424/09]

As this is a service matter it has been referred to the HSE for direct reply.

Question No. 369 answered with Question No. 360.

Caoimhghín Ó Caoláin

Ceist:

370 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the level of training that is available for sexual assault treatment unit nurse managers to facilitate sexually transmitted infections follow-up on site; and if she will make a statement on the matter. [30426/09]

As this is a service matter it has been referred to the HSE for direct reply.

Departmental Reports.

Caoimhghín Ó Caoláin

Ceist:

371 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when she will publish the Hynes report; the reason same has been delayed; and if she will make a statement on the matter. [30428/09]

The John Hynes Review of the Circumstances Surrounding the Elapse of Time in Bringing to Completion the Western Health Board Inquiry into Allegations of Abuse in the Brothers of Charity Services, Co. Galway was published on the Department's website on 9th of April 2009. A copy of the report is available on the Department's website at:

http://www.dohc.ie/publications/hynes_review.html.

Health Services.

Fergus O'Dowd

Ceist:

372 Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding the request from a support group (details supplied) for an inquiry; and if she will make a statement on the matter. [30435/09]

James Reilly

Ceist:

433 Deputy James Reilly asked the Minister for Health and Children the position regarding a request by an organisation (details supplied) for an inquiry into the alleged activities of a doctor; if she will respond to the request; and if she will make a statement on the matter. [30921/09]

I propose to take Questions Nos. 372 and 433 together.

I met with the support group referred to by the Deputy at the end of June last and undertook to consider their submission which included a request for an independent inquiry. I have arranged to discuss the issues involved this week with my colleague the Minister for Justice Equality and Law Reform and the Attorney General before consulting with the Cabinet about any actions that could reasonably be taken in this regard.

Nursing Homes Support Scheme.

Deirdre Clune

Ceist:

373 Deputy Deirdre Clune asked the Minister for Health and Children when the fair deal nursing home support scheme will open for application; when it will begin to operate; and if she will make a statement on the matter. [30436/09]

Deirdre Clune

Ceist:

374 Deputy Deirdre Clune asked the Minister for Health and Children the way the fair deal nursing home scheme will operate when introduced; and if she will make a statement on the matter. [30437/09]

Olivia Mitchell

Ceist:

376 Deputy Olivia Mitchell asked the Minister for Health and Children when she will introduce the fair deal scheme for nursing homes; and if she will make a statement on the matter. [30459/09]

Michael McGrath

Ceist:

429 Deputy Michael McGrath asked the Minister for Health and Children when the new nursing home support scheme, A Fair Deal, will be implemented. [30872/09]

I propose to take Questions Nos. 373, 374, 376 and 429 together.

The Nursing Homes Support Scheme Act 2009 was signed into law by the President on the 1st July. Certain sections of the Act were commenced on the 3rd July to enable the National Treatment Purchase Fund to immediately begin price negotiations with private nursing homes. The Minister intends to implement the scheme once these negotiations are concluded and no later than the final quarter of this year. Applicants to the scheme must undergo a care needs assessment to determine whether they need nursing home care and a financial assessment to determine their ability to contribute towards their own care. Based on the outcome of both these assessments, the HSE will decide on the payment of financial support.

Under the new scheme, individuals will contribute 80% of their assessable income and 5% of the value of any assets in excess of the asset disregard per annum. The asset disregard is the amount of a person's assets that is totally excluded from the financial assessment. The asset disregard is €36,000 for an individual or €72,000 for a couple. Where a person's assets include land and property, the 5% contribution based on such assets may be deferred and can be collected from their estate. This is an optional element of the scheme called "Ancillary State support".

A person's principal residence will only be included in the financial assessment for the first 3 years of their time in care. This is known as the 15% or ‘three year' cap. It means that individuals will pay a 5% contribution based on their principal residence for a maximum of three years regardless of the time they spend in nursing home care. After 3 years, even if they are still getting long-term nursing home care, they will not pay any further contribution based on the principal residence. This ‘three year' cap applies regardless of whether individuals choose to opt for Ancillary State support or not. In the case of a couple, the contribution based on the principal residence will be capped at 7.5% where one partner remains in the home while the other enters long-term residential care.

The ‘three year' cap will also extend to farms and business in certain circumstances. If there is a partner or certain dependants living in the principal residence, the repayment of contributions may be further deferred for their lifetime. Finally, there are important safeguards built in to the Financial Assessment which are worth noting: nobody will pay more than the actual cost of care; individuals will keep a personal allowance of 20% of their income or 20% of the maximum rate of the State Pension (non-Contributory), whichever is the greater; if there is a spouse/partner remaining at home, he/she will be left with 50% of the couple's income or the maximum rate of the State Pension (non-Contributory), whichever is the greater.

When the Care Needs and Financial Assessments have been completed, the HSE will provide a list of nursing homes to choose from. The list will include public, voluntary and approved private nursing homes. Approved private nursing homes are homes which have agreed the price charged for care with the National Treatment Purchase Fund and are approved for the purposes of the scheme. Individuals can choose care in any nursing home on the list, subject to the following conditions: the facility must be able to cater for their particular needs; and the facility must have a place for them. A person's choice of facility is not connected in any way to the level of their contribution to care.

If a public or voluntary nursing home is selected, the person will pay their contribution to the HSE or voluntary nursing home, as appropriate, each week and the State will pay the balance. If an approved private nursing home is selected, the person will pay their contribution to the nursing home provider each week and the State will pay the balance.

Child Care.

Olivia Mitchell

Ceist:

375 Deputy Olivia Mitchell asked the Minister for Health and Children the steps she will take to ensure standards within the new pre-school scheme and the service provided is an appropriate educational one and not merely child minding; and if she will make a statement on the matter. [30456/09]

As the Deputy will be aware, I have responsibility for the implementation of the new Early Childhood Care and Education scheme (ECCE) which provides a free Pre-School year to eligible children and which will be introduced in January 2010. It is also a condition of the pre-school year that services who wish to participate will be required to provide an appropriate educational programme for children which adheres to the principles of Síolta, the National Quality Framework for Early Childhood Education. Síolta is a quality assurance process which addresses all aspects of practice in early childhood care and education services. It is designed to support practitioners to develop high quality services for children aged birth to six years. Services participating in the scheme will be supported by a national team of Siolta Co-Ordinators and the City and County Childcare Committees.

In addition, the Curricular Framework for Early Learning Aistear, has been developed in consultation with the sector by the National Council for Curriculum and Assessment (NCCA). Aistear will support practitioners in planning for and providing enriching, challenging and enjoyable learning opportunities for children from birth to six years. The NCCA will be developing exemplars for use by services which will be available on-line.

It is a requirement of the ECCE scheme that pre-school leaders in services participating in the scheme hold a qualification in childcare which is equivalent to FETAC Level 5. However, in the first two full years of the scheme, the requirement will be met where a person holds a childcare qualification that includes the four core modules of Early Education, Child Development, Caring for Children and Work Experience and has at least 2 years experience of working in a position of responsibility with children in the 0-6 age range.

National and international research has established that there is a close relationship between the capacity and qualifications of the workforce in early childhood care and education settings and the quality of young children's early experiences. There is a commitment to the upskilling of the workforce in the Early Childhood Care and Education (ECCE) sector and a Workforce Development Plan for the sector will be published in 2010. A consultative process is currently underway and will conclude at the end of this month. As part of the development of the Workforce Development Plan for the ECCE sector, an analysis of the educational attainment of people employed in childcare sector was carried out. This analysis draws on data from the National Skills database and shows a major shift towards higher qualification levels since 1999. The condition that services participating in the ECCE must have appropriately qualified staff to deliver the pre-school year, is expected to support this upward trend.

Question No. 376 answered with Question No. 373.

Hospital Services.

Charles Flanagan

Ceist:

377 Deputy Charles Flanagan asked the Minister for Health and Children when funding will be available in order for the renal service at the Midlands Regional Hospital, Tullamore, County Offaly to be fully commissioned and staffed; and if she will make a statement on the matter. [30466/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Question No. 378 answered with Question No. 303.

Bobby Aylward

Ceist:

379 Deputy Bobby Aylward asked the Minister for Health and Children if she will investigate the cancellation of an MRI scan for a child (details supplied) in County Kilkenny to May 2010; and if she will arrange to have this procedure carried out on the original date offered of 19 October 2009. [30485/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Health Services.

John McGuinness

Ceist:

380 Deputy John McGuinness asked the Minister for Health and Children the reason for the delay in arranging an assessment by an occupational therapist in the case of a person in County Kilkenny; and if she will have the matter expedited. [30501/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Vaccination Programme.

Pat Breen

Ceist:

381 Deputy Pat Breen asked the Minister for Health and Children when the swine flu vaccine will be rolled out; the plan for the roll out; the category or groups to which priority will be given; if the vaccine will be rolled out to the entire population including persons over 65 years of age; and if she will make a statement on the matter. [30503/09]

Ireland has, through putting in place advance purchase agreements with two vaccine manufacturers prior to the declaration of the pandemic, secured a total of 7.7m doses of pandemic vaccine. This quantity of vaccine is sufficient to allow the pandemic vaccine to be offered to the whole population and the agreements have ensured that we will get priority delivery of the vaccine as it becomes available. The first doses of the vaccine have arrived in Ireland.

The Health Service Executive is finalising the details of the Pandemic Vaccination Programme. This is an enormous and logistically complex undertaking. The launch of the programme will depend on when the vaccines will be licensed and the availability of sufficient stock of the vaccine. The vaccine will not be administered pre-licence. It will take up to 12 months for all of the vaccine to be delivered and any delays in delivery schedules will affect the vaccination programme. It is hoped that we will be able to commence vaccination in mid October. The launch of the plan needs to be carefully managed in order to gain maximum publicity in the interest of attaining a high level of uptake. Health care workers will be vaccinated in hospitals and other healthcare facilities while the rest of the population will be vaccinated primarily in specially established mass vaccination centres. Each individual will, on the basis of current WHO guidelines, receive two doses of vaccine. The licence will specify the timing of the second dose but it is anticipated that it will be given three weeks after the first.

Initially this vaccine will be offered to Health Care Workers and after that to those people with increased medical risk. The rest of the population will then be offered the vaccine on a staged basis.

Hospital Waiting Lists.

Charles Flanagan

Ceist:

382 Deputy Charles Flanagan asked the Minister for Health and Children when a person (details supplied) in County Kildare can expect to be called for a hip replacement operation in Tallaght Hospital. [30504/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Staff.

Caoimhghín Ó Caoláin

Ceist:

383 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of temporary or locum consultants employed here for whom the Health Service Executive has not received references; the number who have not received Garda clearance; the specialties they are working in; the hospitals they are working in; if an agency was used in the recruitment process; and, if so, the details of the agency. [30506/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Accommodation.

Caoimhghín Ó Caoláin

Ceist:

384 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the occupancy rates of designated beds by patients with private medical insurance in each of the co-location hospitals since 2006 and to date in 2009; and if she will make a statement on the matter. [30507/09]

The Deputy's question, which concerns the occupancy rates of designated private beds by private patients in public hospitals at each of the co-location sites, is a service matter and has been referred to the HSE for direct reply.

Proposed Legislation.

Caoimhghín Ó Caoláin

Ceist:

385 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her views on the findings of the 2008 report of the alcohol marketing communications monitoring body which indicates that the number of breaches of the alcohol marketing, communications and sponsorship code have trebled since 2007; her further views on whether this indicates that the voluntary code has failed; if she will introduce legislation to protect children and young people from aggressive and pervasive advertising; and if she will make a statement on the matter. [30508/09]

Caoimhghín Ó Caoláin

Ceist:

386 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if the review of the operation of and adherence to the alcohol marketing, communications and sponsorship code had been completed by the end of June 2009 as per the commitment in the revised codes in 2008; if she will provide a copy of the review; and if she will make a statement on the matter. [30509/09]

Caoimhghín Ó Caoláin

Ceist:

388 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she has received the report of the National Youth Council of Ireland, Get Em Young, mapping young people’s exposure to alcohol marketing here; her views on the findings of the report which indicate that the drinks industry is utilising 16 different channels to market and advertise to young people under 18 years of age; her further views on whether this indicates that the voluntary code has failed; if she will introduce legislation to protect children and young people from this marketing and advertising; and if she will make a statement on the matter. [30511/09]

Caoimhghín Ó Caoláin

Ceist:

389 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of outdoor media locations where alcohol advertising cannot be placed because they are within 100 metres of the entrance of a primary or secondary school, designated youth clubs, scouting and girl guide premises; the locations which have been so designated which she was required to draw up as part of the revised alcohol marketing, communications and sponsorship code; and if she will make a statement on the matter. [30512/09]

I propose to take Questions Nos. 385, 386, 388 and 389 together.

The overall conclusion reached by the Alcohol Marketing Communications Monitoring Body (AMCMB) in their annual reports for 2007 and 2008 was that there continues to be overall compliance with the Codes to limit the exposure of young people to alcohol advertising. The AMCMB is satisfied that the media partners and the Irish alcohol industry are committed to ensuring that the Codes are adhered to by the organisations they represent.

The partners to the Codes have not completed a formal review of the operation of the Codes since the publication of the AMCMB 2008 Report on 10th July 2009. However, the code partners are committed to such a review taking place as soon as practicable. The locations where restrictions currently apply to the display of outdoor alcohol advertising are identified by the Outdoor Media companies who own the display areas in question. The Department does not have the number or the location of the places where restrictions apply. However, these companies have undertaken to adhere to the Code on alcohol advertising and take the necessary steps to replace alcohol advertising displays where new locations are identified or brought to their attention.

I am aware of the concerns expressed in the findings of the National Youth Council of Ireland's Report entitled "Get Em Young". The Codes on alcohol advertising and sponsorship seek to reduce exposure of young people to alcohol advertising but there are huge challenges being posed by the range of multimedia formats, both national and international, which are accessible to young people.

Departmental Reports.

Caoimhghín Ó Caoláin

Ceist:

387 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the work and progress of the working group on sports sponsorship by the alcohol industry; when she expects to receive a report and recommendations from the group on the phasing out of alcohol sponsorship of sporting events; and if she will make a statement on the matter. [30510/09]

Denis Naughten

Ceist:

485 Deputy Denis Naughten asked the Minister for Health and Children when she expects to receive the report of the working group on sport sponsorship by the alcohol industry; and if she will make a statement on the matter. [31378/09]

I propose to take Questions Nos. 387 and 485 together.

A Working Group on Sport Sponsorship by the Alcohol Industry has been established and is broadly representative of the organisations relevant to the issues being discussed. The Working Group met in May and in July and each of the representative organisations has made a written submission to the Group. The deadline set for the completion of the Group's Report is the end of September and the Group is working towards that deadline.

Questions Nos. 388 and 389 answered with Question No. 385.

Suicide Incidence.

Caoimhghín Ó Caoláin

Ceist:

390 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if her attention has been drawn to the report of the National Suicide Research Foundation which indicated increased levels of deliberate self harm here between 2007 and 2008; her views on the large increases in deliberate self harm among young boys and girls aged ten to 14 years of 35% and among young men aged 15 to 19 years of 18%; and if she will make a statement on the matter. [30513/09]

The number of deliberate self-harm presentations reported in 2008 was 11,700 which represented a 6% increase on 2007 figures. There was a significant increase in deliberate self-harm rates in the age groups 10-14 and 15-19. In the age category 10-14 there were a total of 260 deliberate self-harm presentations of which 63 were boys and 197 were girls. This figure represents an overall increase of 39% on 2007 figures. In the age category 15-19 there were a total of 1,704 presentations of which 648 were boys and 1,056 were girls. This figure represents an overall increase of 9% on 2007 figures — 16.3% among boys and 5% among girls.

The increase in the number and rate of deliberate self-harm presentations is a concern. However, a number of initiatives have been developed by the HSE's National Office for Suicide Prevention to address the issue, including the development of an awareness campaign aimed at young people. Consultations with young people were arranged under the auspices of the Office of the Minister for Children and Youth Affairs to inform the campaign and a report on the outcomes of this process —‘Teenage Mental Health: What helps? and What hurts? was launched on 15th June 2009. The campaign, which will take account of the high rate of deliberate self-harm among young people, is expected to be launched on 12th October 2009.

There is progression in the availability of deliberate self-harm services through Hospital Emergency departments and development of a standardised approach to deliberate self harm presentations at Hospital Emergency departments. In this regard, the National Office and the National Suicide Research Foundation will jointly host a meeting in October aimed at standardising the approach to deliberate self-harm presentations. There is development of technology-based initiatives such as a Samaritans texting service, an on-line counselling directory website and on-line treatments for depression.

Mental Health Services.

Caoimhghín Ó Caoláin

Ceist:

391 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she will provide funding in 2010 for the continuation of the Your Mental Health campaign; and if she will make a statement on the matter. [30514/09]

The continuation of the ‘ Your Mental Health’ campaign in 2010 is a matter for the HSE. The question of providing any additional funding will be considered as part of the Estimates process in the context of competing priorities.

Rights of the Child.

Caoimhghín Ó Caoláin

Ceist:

392 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her views on the proposal of the special group on public service numbers and expenditure programmes to merge the office of the Ombudsman for Children with the office of the Ombudsman; her further views on whether this proposal would diminish the rights of children and would send out the wrong signals in view of the Ryan report; and if she will make a statement on the matter. [30515/09]

Alan Shatter

Ceist:

413 Deputy Alan Shatter asked the Minister for Health and Children the decisions made by her regarding the recommendation contained in special group on public service numbers and expenditure programmes concerning the Office of the Ombudsman for Children; and if she will make a statement on the matter. [30754/09]

I propose to answer Questions Nos. 392 and 413 together.

Planned expenditure levels for my Department will be considered as part of the Estimates and Budgetary process for 2010. This will include consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes, and the decisions on all of the issues arising will be a matter for the Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Hospital Services.

Aengus Ó Snodaigh

Ceist:

393 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of operations cancelled or postponed in Our Lady’s Hospital for Sick Children, Crumlin, since the temporary closure of an operating theatre in May 2009; and when the theatre will reopen. [30536/09]

Aengus Ó Snodaigh

Ceist:

394 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of outpatient appointments which were rescheduled due to the closure of the main outpatients department in Our Lady Hospital for Sick Children, Crumlin, in Dublin on 25 and 26 August 2009; and the closure of its medical tower outpatients department for the week commencing 24 August 2009. [30537/09]

I propose to take Questions Nos. 393 and 394 together.

As these are service matters they have been referred to the Health Service Executive for direct reply.

National Treatment Purchase Fund.

Aengus Ó Snodaigh

Ceist:

395 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of paediatric operations carried out during the months of May to August 2009 in private medical facilities under the National Treatment Purchase Fund. [30538/09]

As the Deputy's question relates to the operation of the National Treatment Purchase Fund, my Department has asked the Chief Executive of the Fund to reply directly to the Deputy in relation to the information requested.

Health Service Staff.

George Lee

Ceist:

396 Deputy George Lee asked the Minister for Health and Children the average salary for all public sector workers, hospital consultants, management grades and junior doctors paid for by her Department and management grades paid for by the Health Service Executive for each year from 1997 to 2008; and if she will make a statement on the matter. [30539/09]

There are approximately 550 grades in the public health service and they cover a wide variety of roles and functions. For example, these grades include drivers, nurses, consultants, CEO, health care assistants, management grades, and porters. Therefore, an average salary would not take into account the varying roles and salary levels for each grade. However, the Exchequer Pay and Pensions Bill for health for 1997 to 2007 is outlined below.

Exchequer Pay & Pensions Bill for Health 1997 to 2007

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

€m

€m

€m

€m

€m

€m

€m

€m

€m

€m

€m

2,216

2,462

2,834

3,265

4,025

4,643

5,217

5,603

6,249

6,746

7,226

Excludes the Department of Health & Children.

I wish to advise that a list of all the grades in the public health service with the numbers employed in each (for the years 1997 to 2008) will be forwarded to the Deputy, along with a copy of the salary scales for each of the aforementioned years.

Mental Health Services.

Finian McGrath

Ceist:

397 Deputy Finian McGrath asked the Minister for Health and Children if she will transfer the 308 people with intellectual disabilities in psychiatric hospitals to specialised residential centres and community group home places as a matter of priority. [30549/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Question No. 398 answered with Question No. 303.

Health Services.

Ned O'Keeffe

Ceist:

399 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Cork in order that they are called for treatment. [30562/09]

As this is a service matter it has been referred to the HSE for direct reply.

Medical Cards.

Bobby Aylward

Ceist:

400 Deputy Bobby Aylward asked the Minister for Health and Children the position regarding an application for a medical card by a person (details supplied) in County Kilkenny. [30586/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Bobby Aylward

Ceist:

401 Deputy Bobby Aylward asked the Minister for Health and Children the position regarding an application for a medical card by a person (details supplied) in County Kilkenny. [30588/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Accommodation.

Damien English

Ceist:

402 Deputy Damien English asked the Minister for Health and Children the number of persons residing in the Health Service Executive sponsored temporary bed and breakfast accommodation through social services; and the breakdown by gender, age and on a local health office basis in tabular form. [30651/09]

As the Deputy's question relates to a service matter it has been referred to the HSE for direct reply.

Health Services.

George Lee

Ceist:

403 Deputy George Lee asked the Minister for Health and Children if she will reconsider her decision to withdraw funding for certain fertility drugs after three cycles of treatment for IVF patients, in view of the fact that the cost of this treatment is approximately €6,000 and the withdrawing of this funding will mean a further €4,000 to the cost for the couples; if her attention has been drawn to the fact that couples were already struggling financially with the costs involved; and if she will make a statement on the matter. [30665/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Question No. 404 answered with Question No. 355.
Question No. 405 answered with Question No. 303.

Ambulance Service.

Pat Breen

Ceist:

406 Deputy Pat Breen asked the Minister for Health and Children, further to Parliamentary Question No. 133 of 7 April 2009, the number of additional staff that have been made available to the ambulance service in the mid-west region; the position regarding the recruitment of two consultants in emergency medicine; and if she will make a statement on the matter. [30694/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards.

Pat Breen

Ceist:

407 Deputy Pat Breen asked the Minister for Health and Children the number of cards issued to a group (details supplied) in County Clare; and if she will make a statement on the matter. [30695/09]

The Health Service Executive (HSE) has the operational and funding responsibility for the medical card benefit. It collates medical card data by county, age and gender. Therefore, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Health Services.

Finian McGrath

Ceist:

408 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied) in Dublin 5. [30711/09]

The Deputy's question relates to the management and delivery of health and personal social services which are the responsibility of the Health Service Executive under the Health Act, 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to have the matter investigated and to reply directly to the Deputy.

Drugs Payment Scheme.

John O'Mahony

Ceist:

409 Deputy John O’Mahony asked the Minister for Health and Children the rules and guidelines of the drugs payment scheme in view of a matter (details supplied); and if she will make a statement on the matter. [30734/09]

The position in relation to the Drug Payment Scheme (DPS) is that no more than 12 payments should be made by a family or individual in a full year on medication for use in any calendar month. The Health Service Executive Primary Care Reimbursement Service, formerly the GMS (Payments) Board, which is responsible for reimbursing community pharmacists under the DPS, advised all community pharmacists in 1999 on the establishment of the DPS that no more than 12 payments should be made in a year. However, once in a 12 month period or periodically, more than a 28 day supply may be provided, depending on the drugs and medicines, to ensure that no more than 12 payments are made in a year by an individual or a family.

Health Service Staff.

John O'Mahony

Ceist:

410 Deputy John O’Mahony asked the Minister for Health and Children the cost for agency nursing staff for 2007, 2008 and to date in 2009 in tabular form; and if she will make a statement on the matter. [30742/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

John O'Mahony

Ceist:

411 Deputy John O’Mahony asked the Minister for Health and Children when the embargo will be lifted for the recruitment of nursing personnel; and if she will make a statement on the matter. [30743/09]

In order to implement savings measures on public service numbers, the Government introduced a moratorium on recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade with effect from 27 March 2009 to end 2010. A HSE circular has issued which gives effect to the Government decision in the public health services and other specific aspects of the employment control framework for the health services.

The HSE will be focussing on the scope that exists within the health services for reorganising and restructuring of work in order to minimise the impact on essential service delivery. The redeployment and reassignment of existing staff will also support the reorientation of care from hospitals to the community and to facilitate the development of integrated care. It is seeking a high level of flexibility from staff and unions to achieve this. The Government decision has been modulated to ensure that key services are maintained insofar as possible in the health services, particularly in respect of children at risk, older people and persons with a disability.

In addition, the employment control framework specifically exempts the following front line grades in the health sector from the moratorium: Medical Consultants, Speech and Language Therapists, Occupational Therapists, Physiotherapists, Clinical Psychologists, Behaviour Therapists, Counsellors, Social Workers, and Emergency Medical Technicians. The framework actually allows for a growth in the number of those posts within the overall approved employment ceiling (111,800 wtes) for the health sector. The framework also includes provision for the creation of 225 new development posts this year for cancer and disability services. In addition, special provisions apply in relation to Clinical Engineering Technicians, Dosimetrists, Physicists, and Radiation Therapists, which are specialist grades under the National Cancer Control Programme.

The focus on these key grades is in line with existing Government policy on the prioritisation of certain development areas, for which significant funding has already been provided. The overall result will be to assist in the reorientation of health employment to services delivered in primary and community care.

I wish to advise that as part of the Employment Control Framework for the health sector, the Joint Employment Control Monitoring Committee, comprising officials from my Department, the Department of Finance and the HSE, meets regularly to monitor health employment levels and to review the implementation of the moratorium and any issues arising.

Question No. 412 answered with Question No. 303.
Question No. 413 answered with Question No. 392.

Dan Neville

Ceist:

414 Deputy Dan Neville asked the Minister for Health and Children if she will appoint two trainees to the orthodontic department in County Limerick to replace a specialist orthodontist. [30756/09]

As this is a service matter it has been referred to the HSE for direct reply.

Health Services.

Finian McGrath

Ceist:

415 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [30777/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospitals Building Programme.

Dan Neville

Ceist:

416 Deputy Dan Neville asked the Minister for Health and Children if the high observation area of 5B Mid-Western Regional Hospital has been constructed. [30780/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Nursing Homes Repayment Scheme.

John Deasy

Ceist:

417 Deputy John Deasy asked the Minister for Health and Children the reason, in view of the reply to Parliamentary Question No. 106 of 18 June 2009 stating that the outstanding 1,000 claims under the national repayments scheme would be processed within a few weeks, that no offer has been made in respect of a claim for a person (details supplied) in County Waterford; the further reason for the delay; when an offer will be made; and if she will make a statement on the matter. [30782/09]

As this is a service matter it has been referred to the HSE for direct reply.

National Treatment Purchase Fund.

James Bannon

Ceist:

418 Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Longford, who has been waiting since 2007 for a knee replacement, has not been prioritised under the National Treatment Purchase Fund, despite qualifying in relation to the six months cut off point; and if she will make a statement on the matter. [30790/09]

As this is a service matter it has been referred to the HSE for direct reply. The National Treatment Purchase Fund arranges treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Hospital Services.

Dan Neville

Ceist:

419 Deputy Dan Neville asked the Minister for Health and Children the amount of funding allocated to Mallow General Hospital in County Cork in 2009; the budgetary allocation in respect of 2010; if she will confirm that no downgrading of this hospital will take place; and if she will make a statement on the matter. [30791/09]

Sean Sherlock

Ceist:

440 Deputy Seán Sherlock asked the Minister for Health and Children the status of the reconfiguration of hospitals in the Health Service Executive south region, particularly with regard to Mallow General Hospital, County Cork; and if she will make a statement on the matter. [30988/09]

I propose to take Questions Nos. 419 and 440 together.

The Government is committed to ensuring the delivery of the best quality health services possible, in an effective and efficient way. Ensuring patient safety is of paramount importance, so that people can have confidence in the services and that the best possible patient outcomes can be achieved. The HSE commissioned Horwath Consulting Ireland, in association with Teamwork Management Services to carry out a review of acute hospital services in the HSE South, based on the principle of securing clinically safe and sustainable acute hospital services. The report was launched publicly on the 9 June 2009. Professor John Higgins has been appointed as Director of Reconfiguration of Acute Services, Cork & Kerry Region.

The Teamwork report proposes a single health care system for Cork and Kerry with the development of a new governance structure for the hospitals and community to encompass the relationship between the health care system and the third level educational sector (UCC, CIT, ITT). The principles that apply are that complex clinical care should be concentrated on the Cork University Hospital campus and that the other hospitals should where possible provide an expanded range of day surgery, diagnostic and out patient services. The reconfiguration process involves both enhancing primary care services and moving hospital services as close as practicable to people's homes.

It is clear that in this context hospitals will have to change significantly the type of services they provide and the way these are delivered. Reorganisation of services must of course occur in consultation with the key stakeholders and on an incremental basis. I believe that it is important to work with health professionals and other interested parties to secure an increasing set of improvements over time. As the detailed questions raised are service matters, they have been referred to the HSE for direct reply.

Health Service Allowances.

Michael Creed

Ceist:

420 Deputy Michael Creed asked the Minister for Health and Children the reason for the delay in processing an application by a person (details supplied) in County Cork in respect of the back to school clothing and footwear allowance scheme; when payment will issue; and if she will make a statement on the matter. [30804/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Medical Cards.

Michael Creed

Ceist:

421 Deputy Michael Creed asked the Minister for Health and Children when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for a medical card; and if she will make a statement on the matter. [30806/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Allowances.

Michael Creed

Ceist:

422 Deputy Michael Creed asked the Minister for Health and Children the reason for the delay in processing an application by a person (details supplied) in County Cork in respect of their application for back to school clothing and footwear allowance; when payment will issue; and if she will make a statement on the matter. [30807/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Michael Creed

Ceist:

423 Deputy Michael Creed asked the Minister for Health and Children the reason for the delay in processing an application by a person (details supplied) in County Cork in respect of the back to school clothing and footwear allowance; when payment will issue; and if she will make a statement on the matter. [30808/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Question No. 424 answered with Question No. 303.

Medical Cards.

Dan Neville

Ceist:

425 Deputy Dan Neville asked the Minister for Health and Children when an application for an over 70 years medical card in respect of a person (details supplied) in County Limerick will be processed; and if she will make a statement on the matter. [30820/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Pat Breen

Ceist:

426 Deputy Pat Breen asked the Minister for Health and Children, further to Parliamentary Question No. 178 of 24 February 2009, the position regarding the plans of the Health Service Executive to centralise the medical card section from Ennis, County Clare; and if she will make a statement on the matter. [30861/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Services.

John McGuinness

Ceist:

427 Deputy John McGuinness asked the Minister for Health and Children the reason the appropriate level of care and support is not being provided by the Health Service Executive in the case of a person (details supplied) in County Kilkenny; and if she will expedite a full investigation of this case. [30864/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Health Service Allowances.

John Cregan

Ceist:

428 Deputy John Cregan asked the Minister for Health and Children the reason the domiciliary care allowance has been withdrawn from a person (details supplied) in County Limerick; and if she will make a statement on the matter. [30868/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Question No. 429 answered with Question No. 373.

Medical Cards.

Fergus O'Dowd

Ceist:

430 Deputy Fergus O’Dowd asked the Minister for Health and Children if assistance will be granted in the purchase of an item for a person (details supplied) in County Louth; and if she will make a statement on the matter. [30876/09]

A medical card as issued by the Health Service Executive (HSE), confirms that the holder is entitled, free of charge, to a range of health services, which includes:

General medical and surgical services including all in-patient services and outpatient services in a public ward in a public hospital (including consultant services)

Medical and midwifery care for mothers and infants

A choice of general medical practitioner from those doctors who have a contract with the HSE

Supply of prescribed approved medicines and appliances

Dental, Ophthalmic and Aural services

A maternity cash grant for each child born.

The HSE has informed my Department that it is not in a position to provide funding for Identification Bracelets and that such products can be acquired in most high street pharmacies for prices as low as €11.

Nursing Homes Support Scheme.

Finian McGrath

Ceist:

431 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [30890/09]

The Nursing Homes Support Scheme Act 2009 was signed into law by the President on the 1st July. Certain sections of the Act were commenced on the 3rd July to enable the National Treatment Purchase Fund to immediately begin price negotiations with private nursing homes. The Minister intends to implement the scheme once these negotiations are concluded and no later than the final quarter of this year. Once the scheme is operational, individuals may apply through their local Nursing Home Support Office. The person referred to by the Deputy will not have to undergo a Care Needs Assessment as they are already in a nursing home. Instead they can proceed directly to the Financial Assessment.

The HSE will undertake the financial assessment in order to work out each person's contribution to care based on their ability to pay. Under the new scheme, individuals will contribute 80% of their assessable income and 5% of the value of any assets in excess of the asset disregard per annum. The asset disregard is the amount of a person's assets that is totally excluded from the financial assessment. The asset disregard is €36,000 for an individual or €72,000 for a couple. Where a person's assets include land and property, the 5% contribution based on such assets may be deferred and can be collected from their estate. This is an optional element of the scheme called "Ancillary State support".

A person's principal residence will only be included in the financial assessment for the first 3 years of their time in care. This is known as the 15% or ‘three year' cap. It means that individuals will pay a 5% contribution based on their principal residence for a maximum of three years regardless of the time they spend in nursing home care. After 3 years, even if they are still getting long-term nursing home care, they will not pay any further contribution based on the principal residence. This ‘three year' cap applies regardless of whether individuals choose to opt for Ancillary State support or not. In the case of a couple, the contribution based on the principal residence will be capped at 7.5% where one partner remains in the home while the other enters long-term residential care.

The ‘three year' cap will also extend to farms and business in certain circumstances. If there is a partner or certain dependants living in the principal residence, the repayment of contributions may be further deferred for their lifetime.

Finally, there are important safeguards built in to the Financial Assessment which are worth noting.

Nobody will pay more than the actual cost of care.

Individuals will keep a personal allowance of 20% of their income or 20% of the maximum rate of the State Pension (non-Contributory), whichever is the greater.

If there is a spouse/partner remaining at home, he/she will be left with 50% of the couple's income or the maximum rate of the State Pension (non-Contributory), whichever is the greater.

When the Care Needs and Financial Assessments have been completed, the HSE will provide a list of nursing homes to choose from. The list will include public, voluntary and approved private nursing homes. Approved private nursing homes are homes which have agreed the price charged for care with the National Treatment Purchase Fund and are approved for the purposes of the scheme.

Individuals can choose care in any nursing home on the list, subject to the following conditions:

The facility must be able to cater for their particular needs, and

The facility must have a place for them.

A person's choice of facility is not connected in any way to the level of their contribution to care. If a public or voluntary nursing home is selected, the person will pay their contribution to the HSE or voluntary nursing home, as appropriate, each week and the State will pay the balance. If an approved private nursing home is selected, the person will pay their contribution to the nursing home provider each week and the State will pay the balance. Finally, I have arranged for an Information Leaflet, FAQ's and Examples of Co-payment under the scheme to be posted to the Deputy for the benefit of the individuals referred to in the question.

Pension Provisions.

Leo Varadkar

Ceist:

432 Deputy Leo Varadkar asked the Minister for Health and Children if doctors employed in public hospitals (details supplied) on temporary contracts in the 1970s and 1980s are entitled to a public service pension; the procedures involved to the public to ascertain such information; and if she will make a statement on the matter. [30910/09]

Before 1st October, 1979 junior hospital doctors, being temporary post holders, did not have access to employee superannuation schemes in the public health sector. On 1st August, 1979 the Department of the Environment issued Circular Letter S. 6/79 which provided access to superannuation schemes for junior hospital doctors. I am arranging for a copy of the relevant circular to be forwarded to you directly. It also sets out the procedure for reckoning service by junior hospital doctors in voluntary hospitals from 1969, when the relevant scheme was introduced, and also for reckoning pre-scheme service.

Junior hospital doctors employed in a public hospital from 1st October, 1979 had their names entered in the register of pensionable officers and they paid employee pension contributions to the relevant superannuation scheme. Where such employees preserved benefits (this was mandatory once 5 years service was accumulated), a preserved pension benefit accrued. Where the employee took up future public sector pensionable employment, the junior hospital doctor service transferred on a knock-for-knock basis between public schemes. If the employee left the public service without preserving benefits, s/he would be entitled to re-instate such service at a future date if s/he re-entered public sector employment.

Question No. 433 answered with Question No. 372.

Health Services.

Ciaran Lynch

Ceist:

434 Deputy Ciarán Lynch asked the Minister for Health and Children the options available to a person (details supplied) in County Cork; and if she will make a statement on the matter. [30926/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards.

Ciaran Lynch

Ceist:

435 Deputy Ciarán Lynch asked the Minister for Health and Children the reason a medical card has been denied to a person (details supplied) in County Cork; and if she will make a statement on the matter. [30928/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Allowances.

Paul Connaughton

Ceist:

436 Deputy Paul Connaughton asked the Minister for Health and Children when a decision will be made on an application for domiciliary care allowance in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [30938/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Health Services.

Ned O'Keeffe

Ceist:

437 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will investigate an application in respect of a person (details supplied). [30941/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Michael Ring

Ceist:

438 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be given an appointment. [30973/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Question No. 439 answered with Question No. 303.
Question No. 440 answered with Question No. 419.

Nursing Homes Repayment Scheme.

Michael Ring

Ceist:

441 Deputy Michael Ring asked the Minister for Health and Children the position regarding a claim under the health repayment scheme in respect of a person (details supplied) in County Mayo. [30996/09]

As this is a service matter it has been referred to the HSE for direct reply.

Medical Cards.

Alan Shatter

Ceist:

442 Deputy Alan Shatter asked the Minister for Health and Children her views on the proposal of the Health Service Executive to centralise the processing of all applications for medical cards; if her attention has been drawn to the fact that there is a concern that such centralisation depersonalises the process and removes flexibility and safeguards and the benefit from local knowledge and assistance provided by health staff and others; her further views on whether such centralisation will unnecessarily prolong determination of applications for medical cards; and if she will make a statement on the matter. [31004/09]

Caoimhghín Ó Caoláin

Ceist:

501 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her role in the decision to centralise the processing of applications for medical cards; the discussions with the Health Service Executive she has had on this matter; if she will reverse this decision in view of the disruptive consequences of such centralisation for medical card applicants and HSE staff; and if she will make a statement on the matter. [31600/09]

I propose to take Questions Nos. 442 and 501 together.

Up to the start of this year, medical card and GP visit card applications were processed in the Health Service Executive's (HSE's) 32 local health areas. However, under the HSE's 2009 Service Plan, the processing of all medical card and GP visit card applications will transfer to the Executive's Primary Care Reimbursement Service (PCRS) in Dublin. The change is being implemented on a phased basis and has commenced with the PCRS processing all medical card applications for persons aged 70 or over. The phased implementation will allow the situation to be continuously monitored and, if required, modified to address any issues arising.

The HSE has advised my Department that there are no plans to close any of the local health offices and these offices will continue to deal with queries of a general nature about the medical card scheme and will provide any assistance needed with the application process. However, the process will involve a reassignment of existing human resources within the HSE to other critical frontline services and the Executive is working through the formal process with the trade union involved. This flexibility by public service workers is essential in the context of the current economic environment.

Under the new arrangements, the HSE will be aiming for a turnaround time of 15 days or less for all medical card applications. Emergency applications will be dealt with immediately with a card issuing within 24 hours. Applications from people whose income exceeds the income guidelines but have a case to be considered on medical or hardship grounds will also be processed by the PCRS.

I fully support the HSE's decision to centralise the medical card and GP visit card application and review process to one location. The HSE has advised that when fully implemented, this measure will ensure:

Improved turnaround time for the processing of applications;

Equitable application of eligibility across the country;

Consistency of service provision to customers;

Clearer lines of governance and accountability; and

Improved unified data.

The HSE has also indicated that this project, while realising health sector efficiencies and savings, will not have an adverse affect on patient care or the quality of service provided. This project is an example of the type of innovation signalled in the Transforming Public Services Programme announced by the Taoiseach last November. It demonstrates how improved services can be delivered within the more limited resources available in a way which meets the needs of citizens in a modern society.

Hospital Procedures.

Alan Shatter

Ceist:

443 Deputy Alan Shatter asked the Minister for Health and Children the arrangements made to ensure that children whose urgent spinal surgery has been delayed at Our Lady’s Hospital for Sick Children, Crumlin, undergo essential spinal surgery without unnecessary delay; the number of children whose surgery will take place before the 31 December 2009; the number awaiting such surgery; and the position regarding the 25 bed ward and theatre in Crumlin closed as a consequence of a funding shortfall. [31011/09]

The Health Service Executive has recently reached agreement with the three Dublin paediatric and Cappagh hospitals on proposals to specifically address the needs of a number of patients who are awaiting spinal surgery procedures for the treatment of scoliosis between now and year end. Some procedures under this agreement have commenced. The Deputy's question has been referred to the HSE for direct reply in relation to the other issues raised.

Health Services.

Michael Ring

Ceist:

444 Deputy Michael Ring asked the Minister for Health and Children the breakdown of funding received by WestDoc, in tabular form, from 1 January 2008 to 31 December 2008. [31046/09]

Michael Ring

Ceist:

445 Deputy Michael Ring asked the Minister for Health and Children the number of staff employed by WestDoc and their sections in tabular form. [31047/09]

Michael Ring

Ceist:

446 Deputy Michael Ring asked the Minister for Health and Children the number of vehicles which have been bought by WestDoc from 1 January 2008 to 31 December 2008. [31048/09]

I propose to take Questions Nos. 444 to 446, inclusive, together.

As these are service matters they have been referred to the Health Service Executive for direct reply to the Deputy.

Question No. 447 answered with Question No. 303.

Inter-Country Adoptions.

Jim O'Keeffe

Ceist:

448 Deputy Jim O’Keeffe asked the Minister for Health and Children the number of people who received formal declarations of eligibility to adopt from the Adoption Board but are unable to adopt a child due to the indefinite postponement of adoptions from Vietnam. [31063/09]

Declarations of eligibility and suitability are issued on an ongoing basis by the Adoption Board. Such declarations are not country specific although applicants will have indicated which country they intend adopting from as part of the assessment process. My understanding, at this stage is that over 350 applicants who have received declarations have indicated a preference for adopting from Vietnam.

Question No. 449 answered with Question No. 303.

Health Service Allowances.

Bernard J. Durkan

Ceist:

450 Deputy Bernard J. Durkan asked the Minister for Health and Children if a review will be undertaken regarding a mobility allowance application in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31133/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Hospital Services.

Bernard J. Durkan

Ceist:

451 Deputy Bernard J. Durkan asked the Minister for Health and Children the position of a diabetic high risk clinic in a hospital (details supplied); whether same is due for closure; the reason for same; if she will put in place the necessary funding to enable this clinic to continue; and if she will make a statement on the matter. [31134/09]

As these are service issues they have been referred to the Health Service Executive for direct reply.

Bernard J. Durkan

Ceist:

452 Deputy Bernard J. Durkan asked the Minister for Health and Children when paediatric and occupational therapist assessment can be undertaken at Tallaght Hospital in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31135/09]

As this is a service issue, it has been referred to the HSE for direct reply.

Medical Cards.

Bernard J. Durkan

Ceist:

453 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in Dublin 8; and if she will make a statement on the matter. [31136/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Homes Support Scheme.

Jan O'Sullivan

Ceist:

454 Deputy Jan O’Sullivan asked the Minister for Health and Children if the fair deal scheme will be introduced as planned in autumn 2009; the date when it will be introduced; if the funding provided for the scheme is secure for 2009; and if she will make a statement on the matter. [31192/09]

The Nursing Homes Support Scheme Act 2009 was signed into law by the President on the 1st July. Certain sections of the Act were commenced on the 3rd July to enable the National Treatment Purchase Fund to immediately begin price negotiations with private nursing homes. The Minister intends to implement the scheme once these negotiations are concluded and no later than the final quarter of this year. Funding of €55 million has been allocated specifically for the introduction of the scheme this year.

Health Services.

Caoimhghín Ó Caoláin

Ceist:

455 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when the Health Service Executive north east taxi contract was last put to tender; the details of the arrangements currently in place; when it will be put to tender again; and if she will make a statement on the matter. [31199/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Sean Sherlock

Ceist:

456 Deputy Seán Sherlock asked the Minister for Health and Children the number of people who availed of optical benefit schemes between 2007 and to date in 2009; and if she will make a statement on the matter. [31203/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Sean Sherlock

Ceist:

457 Deputy Seán Sherlock asked the Minister for Health and Children the number of people who availed of dental benefit schemes between 2007 and to date in 2009; and if she will make a statement on the matter. [31204/09]

The Health Service Executive provides a scheme of dental services for adult medical card holders under the Dental Treatment Services Scheme (DTSS). As the DTSS is the responsibility of the Executive, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and have a reply issued directly to the Deputy.

The Department of Social and Family Affairs provides a scheme of dental services under the Dental Treatment Benefit Scheme (DTBS). I am advised that the Department of Social and Family Affairs does not record the number of individuals who avail of its scheme. However, the numbers of claims paid for the periods in question are as follows:

Year

Number

2007

634,077

2008

675,578

2009 (incl Sept.)

539,791

Preschool Services.

Sean Sherlock

Ceist:

458 Deputy Seán Sherlock asked the Minister for Health and Children her views on changes to the scheme to provide a free preschool year of early childhood care and education in order to allow for situations in rural areas where parents are not available to participate in the scheme five days a week; and if she will make a statement on the matter. [31208/09]

As the Deputy will be aware I have responsibility for the implementation of the new scheme to provide a free Preschool year of Early Care and Education (ECCE) to eligible children and which will be introduced in January 2010. Services can choose to deliver the preschool year from a range of options. A full or part-time day-care service will normally provide the place for 2 hours 15 minutes a day, five days a week over 50 weeks, in return for a weekly capitation fee of €48.50. A playschool sessional service will normally be required to provide a pre-school service for 3 hours a day, five days a week over 38 weeks, in return for a weekly capitation fee of €64.50. However, where for good reason a sessional service is unable to operate over 5 days, it may participate in the scheme by providing a place for 3 hours 30 minutes, 4 days a week over 41 weeks (157 days).

Further flexibility is provided for in that, a full or part-time service may choose to provide a sessional service over 38 weeks of a year (or two sessional services each day) while a sessional service may choose to provide 2 hours 15 minutes per day over 50 weeks. Also in cases where children attend a full or part-time day-care service for 3 days a week only, consideration will be given to allowing the service to participate in the scheme on the basis of providing the pre-school year to those children for 3 hours 45 minutes a day for 3 days a week. In such cases, a service will be required to provide the preschool year over 50 weeks.

Hospital Services.

Sean Sherlock

Ceist:

459 Deputy Seán Sherlock asked the Minister for Health and Children when the proposed closure of Heatherside Hospital, County Cork, is due to take place; and if she will make a statement on the matter. [31213/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Departmental Staff.

Niall Collins

Ceist:

460 Deputy Niall Collins asked the Minister for Health and Children if civil servants from her Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of her Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to her Department as their direct employer; her policy in this regard; and if she will make a statement on the matter. [31231/09]

A number of civil servants of my Department sit on the Boards of some of the Non-Commercial State Sponsored Bodies established under the aegis of my Department. No fee, salary or remuneration is payable in respect of their Board membership. If travel and subsistence expenses are incurred by a civil servant in undertaking Board duties, these expenses are normally payable by the Board in question.

Question Nos. 461 to 463, inclusive, answered with Question No. 303.

Hospital Services.

Sean Sherlock

Ceist:

464 Deputy Seán Sherlock asked the Minister for Health and Children if she will expedite an appointment for a procedure in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [31260/09]

As this is a service matter it has been referred to the HSE for direct reply. The National Treatment Purchase Fund arranges treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Question No. 465 answered with Question No. 303.

Health Service Allowances.

Dan Neville

Ceist:

466 Deputy Dan Neville asked the Minister for Health and Children if she will ensure that an allowance will continue to be awarded to a person (details supplied) in County Limerick. [31267/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Hospital Services.

Sean Sherlock

Ceist:

467 Deputy Seán Sherlock asked the Minister for Health and Children the amount paid to the Bon Secours Hospital in Cork in respect of each patient transferred and transported from Mallow General Hospital as an inpatient for a CT scan for the years 2007 to date in 2009; and if she will make a statement on the matter. [31276/09]

Sean Sherlock

Ceist:

468 Deputy Seán Sherlock asked the Minister for Health and Children if there are plans to employ a full-time radiologist to cover CT and general duties at Mallow General Hospital; if so, when this appointment will take place; if an appointment has taken place, the terms of the contract with regard to hours and specific duties; and if she will make a statement on the matter. [31277/09]

Sean Sherlock

Ceist:

469 Deputy Seán Sherlock asked the Minister for Health and Children the status with regard to the operation of the CT scanner at Mallow General Hospital; and if she will make a statement on the matter. [31278/09]

I propose to take Questions Nos. 467 to 469, inclusive, together.

As these are service matters, they have been referred to the HSE for direct reply.

Health Service Allowances.

Sean Sherlock

Ceist:

470 Deputy Seán Sherlock asked the Minister for Health and Children the status of an application under the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31279/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Sean Sherlock

Ceist:

471 Deputy Seán Sherlock asked the Minister for Health and Children the status of an application under the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31283/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Sean Sherlock

Ceist:

472 Deputy Seán Sherlock asked the Minister for Health and Children the status of an application for the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31284/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Sean Sherlock

Ceist:

473 Deputy Seán Sherlock asked the Minister for Health and Children the status of an application under the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31285/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Sean Sherlock

Ceist:

474 Deputy Seán Sherlock asked the Minister for Health and Children the status of an application under the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31286/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Sean Sherlock

Ceist:

475 Deputy Seán Sherlock asked the Minister for Health and Children the status of an application by a person (details supplied) in County Cork under the back-to-school clothing scheme; and if she will make a statement on the matter. [31287/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Service Staff.

Paul Kehoe

Ceist:

476 Deputy Paul Kehoe asked the Minister for Health and Children if a person (details supplied) is eligible to be considered for the incentivised scheme for early retirement; and if she will make a statement on the matter. [31289/09]

Members of all eligible grades in the health sector who meet the criteria set down in my Department's Circular 8/2009 have access to the ISER provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of the ISER while still protecting services. Because staff who retire under the scheme will not be replaced (save in very exceptional cases), employers must pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard is essential.

My Department understands that the directive issued by the majority of health service trade unions instructing their members not to cooperate with redeployment and reassignment requests from management is still in place. This instruction severely restricts the ability of management to organise/restructure work practice and contravenes the qualification criteria for the scheme. However, applications can still be made to the relevant employer in anticipation of a resolution of the industrial relations issues and a further Circular (17/2009) has issued extending the closing date of the incentivised scheme for early retirement to 16 October, 2009. Talks will continue on the issue and it is hoped that a satisfactory resolution will be found.

Paul Kehoe

Ceist:

477 Deputy Paul Kehoe asked the Minister for Health and Children her views on the problems being experienced by the Health Service Executive and the unions with regards to the introduction of the incentivised scheme for early retirement; and if she will make a statement on the matter. [31290/09]

The problems being experienced by the Health Service Executive and the unions with the regard to the introduction of the incentivised scheme for early retirement have not yet been resolved.

As the Deputy may be aware, members of all eligible grades who meet the criteria set down in Circular 8/2009 have access to the ISER provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of the ISER while still protecting services. Because staff who retire under the scheme will not be replaced (save in very exceptional cases), employers must pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard is essential.

My Department understands that the directive issued by the majority of health service trade unions instructing their members not to cooperate with redeployment and reassignment requests from management is still in place. This instruction severely restricts the ability of management to organise/restructure work practice and contravenes the qualification criteria for the scheme. However, applications can still be made to the relevant employer in anticipation of a resolution of the industrial relations issues and a further Circular (17/2009) has issued extending the closing date of the incentivised scheme for early retirement to 16 October, 2009. Talks will continue on the issue and it is hoped that a satisfactory resolution will be found.

Hospital Accommodation.

Paul Kehoe

Ceist:

478 Deputy Paul Kehoe asked the Minister for Health and Children the proposals in place in respect of an old hospital (details supplied) when the new hospital is opened; if she will provide an undertaking that the hospital will not be allowed go into disrepair, similar to another old hospital; and if she will make a statement on the matter. [31292/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Legal Fees.

John O'Mahony

Ceist:

479 Deputy John O’Mahony asked the Minister for Health and Children the cost of legal fees for the Health Service Executive west in 2006, 2007 and 2008 as a result of legal cases taken against it; and if she will make a statement on the matter. [31305/09]

John O'Mahony

Ceist:

480 Deputy John O’Mahony asked the Minister for Health and Children the amount of compensation paid out by the Health Service Executive west in 2006, 2007 and 2008 as a result of legal cases taken against it; and if she will make a statement on the matter. [31306/09]

I propose to take Questions Nos. 479 and 480 together.

As the Deputy's questions concern matters pertaining to the Health Service Executive, I have forwarded them to the Parliamentary Affairs Division of the Executive for attention and direct reply to the Deputy.

Health Services.

John McGuinness

Ceist:

481 Deputy John McGuinness asked the Minister for Health and Children the action being taken by Waterford Regional Hospital to resolve the care required by a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [31337/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Hospitals Building Programme.

Denis Naughten

Ceist:

482 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 63 of 2 July 2009, the position regarding the construction of this project. [31356/09]

The next phase in the development of St. Vincent's Hospital will involve the building of a new ward block to replace existing accommodation. The new facility will provide accommodation for cystic fibrosis patients with appropriate isolation facilities for the treatment of their condition. It will also include a dedicated day unit for people with cystic fibrosis. The HSE will shortly be awarding a contract to begin the site preparation works. In the interim tender documents are being completed for the development of the ward block in order to ensure earliest possible commencement of construction in 2010. It is intended that the development will become operational as early as possible in 2011.

Vaccination Programme.

Denis Naughten

Ceist:

483 Deputy Denis Naughten asked the Minister for Health and Children if she will publish the report of the vaccine damage steering group; the reason for the delay in its publication; and if she will make a statement on the matter. [31375/09]

Damien English

Ceist:

492 Deputy Damien English asked the Minister for Health and Children when she expects that a person (details supplied) in County Meath will be responded to by the vaccine damage steering group with the view to closure on the issue. [31541/09]

I propose to answer Questions Nos. 483 and 492 together.

I am currently considering the recommendations in the report of the Vaccine Damage Steering Group and it is my intention to publish the report when I have completed my deliberations. I expect to be in a position to do so shortly.

Departmental Reports.

Denis Naughten

Ceist:

484 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 142 of 16 June 2009, if the report has been finalised; if a decision has been made on the publication date; and if she will make a statement on the matter. [31376/09]

The Review in question was commissioned by the Health Service Executive in order to inform plans for the organisation and delivery of adult critical care services within the acute hospital system. I understand that the report is being finalised at present. A decision on publication will be made when the report is completed.

Question No. 485 answered with Question No. 387.

Data Protection.

Denis Naughten

Ceist:

486 Deputy Denis Naughten asked the Minister for Health and Children if she will provide a full report on the content of the action taken to date, on the theft of laptops from the Health Service Executive offices in Roscommon town; and if she will make a statement on the matter. [31381/09]

The question has been referred for direct reply to the Health Service Executive which has responsibility for the formulation and implementation of measures relating to ICT security and the necessary follow up on events such as the theft of laptops that occurred last June in Roscommon.

Patient Private Property Fund.

Denis Naughten

Ceist:

487 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 85 of 18 June 2009, the position regarding the issues raised; the value of payments made to date; the number of clients or their representatives who have received payment; and if she will make a statement on the matter. [31383/09]

The first payments of interest previously retained on invested PPP funds by the HSE have now been made to clients in the South East area in respect of funds invested during 2005. To date interest of €60,900 in total was distributed to 1,120 clients.

Clients who have received payments directly to their PPP accounts to date have been provided with individual statements outlining the amount of interest received. The HSE is now seeking to identify the rightful recipients of the remainder of these funds. In many cases clients are either discharged or are deceased. There is a significant administrative task in establishing the present whereabouts of the persons entitled to receive this payment.

The HSE has also commenced a project to facilitate the electronic receipt of Department of Social and Family Affairs allowances on behalf of HSE clients. Such payments will commence later this month. This project is drawing on the same staff resources as those involved in the processing of retained interest payments and was not anticipated earlier in the year. The calculation and processing of returned interest payments will re-commence once the project is complete.

Health Centres.

Bernard J. Durkan

Ceist:

488 Deputy Bernard J. Durkan asked the Minister for Health and Children if she has received documentation appertaining to extension, improvement, refurbishment works at Johnstownbridge health centre in County Kildare; the full extent of the works required; when her attention was drawn to this requirement; when it is expected to respond positively to such requests in view of the situation prevailing at present; if she will enter into dialogue with local general practitioner and health centre staff with a view to expediting the process having particular regard to the population increase in the area and that the current facilities were provided to meet the existing population demands 40 years ago; and if she will make a statement on the matter. [31428/09]

Bernard J. Durkan

Ceist:

489 Deputy Bernard J. Durkan asked the Minister for Health and Children the number and location of health centres in County Kildare currently deemed to be in need of upgrading, extension, renovation, or replacement in accordance with population or other requirements; the extent to which documentation has been submitted to her in respect of such proposals; the degree to which it is intended to respond to those longest on such waiting lists; the estimated cost of the required improvements; the time scale within which provision is expected to materialise; and if she will make a statement on the matter. [31429/09]

I propose to answer Questions Nos. 488 and 489 together.

As the Deputy's questions refer to service matters they have been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Staff.

Jack Wall

Ceist:

490 Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare, who was employed by the Health Service Executive, will receive their P45; and if she will make a statement on the matter. [31511/09]

As the Deputy's question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply.

Health Service Allowances.

Dan Neville

Ceist:

491 Deputy Dan Neville asked the Minister for Health and Children if the back-to-school allowance will be processed without further delay in respect of persons (details supplied). [31533/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Question No. 492 answered with Question No. 483.

Pre-school Services.

Terence Flanagan

Ceist:

493 Deputy Terence Flanagan asked the Minister for Health and Children the action she will take to deal with a matter (details supplied); and if she will make a statement on the matter. [31545/09]

As the Deputy will be aware, I have responsibility for the implementation of the new Early Childhood Care and Education scheme which provides a free Pre-School year to eligible children and which will be introduced in January 2010.

As part of the preparations for introducing the new scheme, the Childcare Directorate of my Office wrote to almost 5,000 private and voluntary pre-school service providers in the State, inviting them to participate and outlining the requirements governing the scheme. The application process is expected to be completed next month following which a list of local services contracted to participate in the scheme, will be available to parents from each City and County Childcare Committee. In practice, many parents will already have children attending pre-school services which have applied to participate in the scheme and expect to do so, from January 2010. As indicated above, applicants were made aware of the requirements governing the scheme in June of this year.

A key requirement of the scheme is that pre-school leaders must hold a certification for a major award in childcare/early education at a minimum of Level 5 on the National Framework of Qualifications of Ireland (NFQ) or an equivalent recognised qualification in the childcare/early education field. In the first two full years of the scheme, the qualification requirement will be met where a person holds an award in ECCE that includes the four core modules of Early Education, Child Development, Caring for Children and Work Experience and has at least 2 years experience of working in a position of responsibility with children in the 0-6 range.

As a scheme to provide appropriate programme based educational activities for children in their pre-school year, qualifications in other fields, such as Business Studies, cannot be taken into account. Services which are unable to demonstrate that they have pre-school year leaders who hold the minimum required level of qualification will not be able to participate in the scheme. Services can re-apply for entry to the scheme in September 2010.

The annual capitation fee of over €2,400 amounts, in the case of a sessional playschool, to €64.50 pew week over 38 weeks. For full- and part-time services providing a pre-school year of 2 hours 15 minutes per day, 5 days a week for 50 weeks, the annual capitation fee amounts to €48.50 per week. The capitation fee and its application on a weekly basis are considered reasonable.

Health Services.

Ned O'Keeffe

Ceist:

494 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will assist in having an application for home help in respect of a person (details supplied) in County Cork reconsidered. [31569/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Departmental Expenditure.

Damien English

Ceist:

495 Deputy Damien English asked the Minister for Health and Children the amount of money spent on advertising and promotions in her Department and each agency under her aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if she will make a statement on the matter. [31580/09]

The information requested by the Deputy in relation to my Department is set out in the following table.

Advertising by the Department from 2004 to 2009

Year

2004

6,103,000

2005

5,389,000

2006

1,375,000

2007

48,400

2008

62,315

2009

115,003

Responsibility for advertising and promotional campaigns transferred to the Health Service Executive in early 2006. This includes media campaigns in relation to alcohol, smoking, illegal drugs, obesity etc. Resulting from this transfer of responsibility, the Department's costs for advertising etc. reduced substantially in 2006. The expenditure in 2007 relates exclusively to a public information campaign on the Nursing Homes Support Scheme — "A Fair Deal". Expenditure in 2008 and 2009 relates to a number of public consultation and information campaigns.

With regard to agencies under the aegis of my Department, information is only available in respect of the period from January 2009 to date. Information prior to this date is not routinely collected by my Department.

Advertising by agencies under the aegis of the Department — 2009

An Bord Altranais

56,898

Crisis Pregnancy Agency

742,807

Health Insurance Authority

11,674

Irish Blood Transfusion Service

428,292

Medical Council

27,449

Mental Health Commission

4,435

National Cancer Screening Service

616,965

Office of Tobacco Control

35,654

Office of the Disability Appeals Officer

412

Safefood

203,848

With regard to the Health Service Executive, my Department has requested the Parliamentary Affairs Division of the Executive to reply directly to the Deputy in respect of related expenditure by the Executive.

Hospital Services.

Seán Power

Ceist:

496 Deputy Seán Power asked the Minister for Health and Children the reason there are bed closures in St. Vincent’s Hospital, Athy, County Kildare; the action she will take to ensure that the beds are reopened as soon as is possible in view of the hardship and difficulties being experienced by staff, patients and their families. [31586/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Nursing Homes Repayment Scheme.

John Browne

Ceist:

497 Deputy John Browne asked the Minister for Health and Children the reason for the delay in awarding funding, due under the health repayment scheme, to a person (details supplied) in County Wexford. [31588/09]

As this is a service matter it has been referred to the HSE for direct reply.

Departmental Correspondence.

Brian Hayes

Ceist:

498 Deputy Brian Hayes asked the Minister for Health and Children the reason this Deputy has yet to receive a substantial reply to correspondence sent to her on 31 July 2009 concerning an issue (details supplied) which is yet to be clarified; and if she will make a statement on the matter. [31595/09]

A substantial reply to the correspondence sent by the Deputy (details supplied) on 31 July, 2009 has not issued because there is no record of the letter having been received by the Department on or after this date. This information has been communicated to the Deputy and arrangements are being made to have the letter resent and the query answered.

Health Services.

Caoimhghín Ó Caoláin

Ceist:

499 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if eight home support hours weekly will be restored by the Health Service Executive to a person (details supplied) in County Kilkenny. [31597/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Services.

Caoimhghín Ó Caoláin

Ceist:

500 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of public hospital beds closed since 1 July 2009 and their locations; the number of wards so closed and their locations; the number of each which have been reopened since 1 September and their locations; and if she will make a statement on the matter. [31599/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Question No. 501 answered with Question No. 442.

Pharmacy Services.

Caoimhghín Ó Caoláin

Ceist:

502 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number and location of special pharmacies put in place by the Health Service Executive as part of its contingency plan during the recent pharmacy dispute; the reason the HSE entered into contracts for such pharmacies in such a way that they remained in place after the dispute was over; the cost of these contracts, including the cost of security; and if she will make a statement on the matter. [31601/09]

Michael Ring

Ceist:

507 Deputy Michael Ring asked the Minister for Health and Children the costs to the Health Service Executive and her Department of putting in place the community pharmacy centres during the pharmacy dispute; the number of staff deployed or employed for the running of these centres; the amount they were paid; the total costs involved; and if she will make a statement on the matter. [31617/09]

I propose to take Questions Nos. 502 and 507 together.

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Departmental Expenditure.

Caoimhghín Ó Caoláin

Ceist:

503 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the discussions she has had with the special group on public service numbers and expenditure programmes; the basis on which she called upon the Health Service Executive to identify some €800 million in cuts; the reply received by her from the HSE; and if she will make a statement on the matter. [31602/09]

Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary process for 2010. This will include consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes, and the decisions on all of the issues arising will be a matter for the Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Health Services.

Ned O'Keeffe

Ceist:

504 Deputy Edward O’Keeffe asked the Minister for Health and Children the position regarding an application to the Health Service Executive south by a person (details supplied) in County Cork. [31612/09]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Nursing Homes Regulation.

Tom Hayes

Ceist:

505 Deputy Tom Hayes asked the Minister for Health and Children if a nursing home resident is liable for the Health Information and Quality Authority licensing fee of €190 per designated place; if a person on nursing home subvention or discretionary payment from the Health Service Executive is liable for the fee; and if she will make a statement on the matter. [31613/09]

Under the Health Act, 2007, statutory responsibility is given to the Chief Inspector of Social Services, part of the Health Information and Quality Authority (HIQA) for inspecting and registering categories of centres, including nursing homes. HIQA commenced the new system of registration and inspection on July 1st, 2009. This has for the first time, introduced an independent system of inspection of both public and private nursing homes. It is important that this new inspection regime is effective, robust, independent and properly resourced. In this regard the 2007 Act provides for the following fees:

Applications for registration or renewal of registration under Section 48. This section states that the applicant shall include with the application the prescribed application fee.

An annual fee payable by the registered provider under Section 99

A fee for variation or removal of any conditions of the registration under Section 52. A registered provider making an application under this section must include the fee with their application.

Following analysis of the types of centres, numbers of places, etc. it was decided to set a registration fee of €500, payable every 3 years by each nursing home together with an annual fee of €190 per place in each registered centre. It is estimated that the fee will represent an average weekly cost of€3.73 per registered place. The fees are payable by the registered provider (or in the case of applications for registration by the applicant, who for existing designated centres would normally be the registered provider). These fees are not due or payable by the resident or their family.

Article 8 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 states that:

"(1) The registered provider shall agree a contract with the resident within one month of the admission of that resident to the designated centre.

(2) Such contract shall deal with the care and welfare of the resident in the designated centre and shall include details of the services to be provided for that resident and the fees to be charged."

Therefore, only those fees, including any agreed increases, set out in the contract should be charged by the registered provider to the resident.

Pharmacy Services.

Michael Ring

Ceist:

506 Deputy Michael Ring asked the Minister for Health and Children if, in view of the pharmacy dispute in August 2009, she had meetings with the pharmacy group since this dispute; if so, the number of meetings which have been held; if not, when she will have a meeting with it to discuss the ongoing issues; and if she will make a statement on the matter. [31616/09]

The Irish Pharmacy Union wrote to me on 12 August 2009 seeking engagement on a range of issues. I intend to arrange such a meeting shortly.

Question No. 507 answered with Question No. 502.

Health Services.

Michael Ring

Ceist:

508 Deputy Michael Ring asked the Minister for Health and Children, further to Parliamentary Question No. 211 of 30 June 2009, the reason a response has not issued from the Health Service Executive. [31620/09]

I have referred the matter to the HSE for direct reply.

Michael Ring

Ceist:

509 Deputy Michael Ring asked the Minister for Health and Children the care which has been proposed and provided for a person (details supplied) in County Mayo. [31621/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Finian McGrath

Ceist:

510 Deputy Finian McGrath asked the Minister for Health and Children if the case of a person (details supplied) in Dublin 5 will be supported. [31633/09]

As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Jimmy Deenihan

Ceist:

511 Deputy Jimmy Deenihan asked the Minister for Health and Children when a decision will be made on an application by a person (details supplied) in County Kerry for the treatment abroad scheme; and if she will make a statement on the matter. [31635/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards.

Frank Feighan

Ceist:

512 Deputy Frank Feighan asked the Minister for Health and Children when a decision will be made on an application for a general medical service card in respect of a person (details supplied) in County Roscommon. [31666/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Paul Connaughton

Ceist:

513 Deputy Paul Connaughton asked the Minister for Health and Children when a decision will be made on an over 70s medical card review in the case of persons (details supplied) in County Galway; and if she will make a statement on the matter. [31672/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Services for People with Disabilities.

David Stanton

Ceist:

514 Deputy David Stanton asked the Minister for Health and Children, further to Parliamentary Questions Nos. 313 and 314 of 31 January 2006, the number of court actions regarding the provision of resources, such as speech and language therapy, occupational therapy and psychological services relating to primary and post-primary school students with special needs, in which her Department has been involved each year from 2006 to date in 2009; the number of same which progressed to hearing stage; the number of cases that resulted in the provision by her of the resources sought by the plaintiffs; the costs which were incurred by her in responding to these courts actions; and if she will make a statement on the matter. [31697/09]

Details relating to 142 special education needs cases involving my Department from 2000 to the end of 2005 were included in response to Parliamentary Question Nos. 313 and 314 of 31 January 2006. Since 2006, 14 further cases (11 Judicial Review cases and 3 Plenary cases) relating to special education needs were commenced against the Minister for Health and Children. These cases are broken down as follows:

2006: 9 cases (8 Judicial Review, 1 Plenary)

2007: 4 cases (3 Judicial Review, 1 Plenary)

2008: 1 case (Plenary)

2009: 0.

In the period from 2006 to date, one special education needs case, which commenced in 2004, was the subject of a High Court adjudication (in 2007). In that case, the claims against my Department and the Department of Education and Science were dismissed.

Such cases are, in the main, taken against the Department of Education and Science and allege a failure on behalf of the State to provide for an appropriate education as provided for in the Constitution. Education and health-related educational supports are provided by the education sector and by the Health Service Executive, respectively. My Department is involved due to its role in the formulation and development of policy in respect of the provision of healthcare and support services.

Since 2006, my Department has also contributed towards the settlement of a total of 41 special education needs cases (22 Judicial Review, 19 Plenary) which were initiated prior to 2006. The cost to my Department, excluding the costs of the State defence which is borne by the Office of the Chief State Solicitor, in each of the years since 2006 was as follows:

2006

2007

2008

2009 (to date)

JR Settlements

228,518.75

195,002.74

171,621.74

26,736.74

JR Legal Costs

81,157.77

27,198.26

231,802.33

45,318.10

Plenary Settlements

47,219.99

32,187.50

16,013.03

1,203.09

Plenary Costs

351,815.75

335,662.27

422,700.70

68,787.10

Total

708,712.26

590,050.77

842,137.80

142,045.03

In addition, a reimbursement of €597,461.36 was paid in 2006 to the Department of Education and Science in respect of special education needs cases in which they had (prior to 2006) paid the full costs on behalf of the State. It should be noted that these figures do not include the costs of staff involved in responding to these cases.

Departmental Programmes.

David Stanton

Ceist:

515 Deputy David Stanton asked the Minister for Health and Children the cost in administering the cycle-to-work scheme in her Department in 2009; and if she will make a statement on the matter. [31714/09]

There is no discernible cost to this Department's vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the tax relief inherent in the scheme The total amount sanctioned to date by way of cycle purchases for staff of this Department is €10,603.21.

Mental Health Services.

Denis Naughten

Ceist:

516 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 209 of 28 April 2009, the number of such facilities inspected to date; the number to be inspected in the remaining part of 2009; and if she will make a statement on the matter. [31794/09]

Under Section 51 of the Mental Health Act, 2001, the Inspector of Mental Health Services must visit and inspect every approved centre at least once in each year and may visit and inspect any other premises where mental health services are provided. There are currently sixty-four approved centres. The Inspectorate of Mental Health Services Business Plan for 2009 includes the inspection of 20 community facilities. To date in 2009, in addition to approved centres, the Inspectorate has inspected nine day hospitals within the mental health services and nine 24-hour community residences.

Departmental Reports.

Denis Naughten

Ceist:

517 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 174 of 9 June 2009, if she has received a copy of the final report of the Health Service Executive funded adult day services review; if she will publish the report; the recommendations in this report, the steps that are to be taken to implement these recommendations as they apply to her Department; and if she will make a statement on the matter. [31795/09]

I have not received the final copy of the National Review of HSE Funded Adult Day Services. I understand that the National Review of HSE Funded Adult Day Services has now been completed and the report from the National Working Group — New Directions, Personal Support Services for Adults with Disabilities, is being considered internally by the relevant HSE functions. As I have not received a copy of the final report, it is not possible for me to comment, at this time, on the recommendations or their implementation.

Health Service Staff.

Sean Sherlock

Ceist:

518 Deputy Seán Sherlock asked the Minister for Health and Children when additional whole time equivalent consultants will be appointed to Cork University Maternity Hospital, which is currently operating with 11.5 consultants in view of the fact that the facility is understaffed; and if she will make a statement on the matter. [31809/09]

Sean Sherlock

Ceist:

519 Deputy Seán Sherlock asked the Minister for Health and Children if there are plans to appoint additional midwifery staff to Cork University Maternity Hospital in view of the fact that the number of births is expected to reach 9,000 by the end of 2009; and if she will make a statement on the matter. [31810/09]

Sean Sherlock

Ceist:

521 Deputy Seán Sherlock asked the Minister for Health and Children the level of administrative staffing at Cork University Maternity Hospital compared to when the new maternity wing first opened in 2007; and if she will make a statement on the matter. [31812/09]

I propose to take Questions Nos. 518, 519 and 521 together.

As these are service matters, they have been referred to the HSE for direct reply.

Hospital Waiting Lists.

Sean Sherlock

Ceist:

520 Deputy Seán Sherlock asked the Minister for Health and Children the waiting period for the first prenatal appointment for expectant mothers at Cork University Hospital; and if she will make a statement on the matter. [31811/09]

As this is a service matter, it has been referred to the HSE for direct reply.

Question No. 521 answered with Question No. 518.

Health Services.

Finian McGrath

Ceist:

522 Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) in Dublin 3 will be supported. [31814/09]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Homes Support Scheme.

Finian McGrath

Ceist:

523 Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) will be supported. [31815/09]

The Nursing Homes Support Scheme Act 2009 was signed into law by the President on the 1st July. Certain sections of the Act were commenced on the 3rd July to enable the National Treatment Purchase Fund to immediately begin price negotiations with private nursing homes. The Minister intends to implement the scheme once these negotiations are concluded and no later than the final quarter of this year. Once the scheme is operational, individuals may apply through their local Nursing Home Support Office. Applicants to the scheme must undergo a care needs assessment to determine whether they need nursing home care and a financial assessment to determine their ability to contribute towards their own care. Applicants who are already in a nursing home prior to the commencement of the scheme do not need to undergo the care needs assessment, instead they can proceed directly to the financial assessment.

Under the new scheme, individuals will contribute 80% of their assessable income and 5% of the value of any assets in excess of the asset disregard per annum. The asset disregard is the amount of a person's assets that is totally excluded from the financial assessment. The asset disregard is €36,000 for an individual or €72,000 for a couple. Where a person's assets include land and property, the 5% contribution based on such assets may be deferred and can be collected from their estate. This is an optional element of the scheme called "Ancillary State support".

A person's principal residence will only be included in the financial assessment for the first 3 years of their time in care. This is known as the 15% or ‘three year' cap. It means that individuals will pay a 5% contribution based on the value of their principal residence for a maximum of three years regardless of the time they spend in nursing home care. After 3 years, even if they are still getting long-term nursing home care, they will not pay any further contribution based on the principal residence. This ‘three year' cap applies regardless of whether individuals choose to opt for Ancillary State support or not. In the case of a couple, the contribution based on the principal residence will be capped at 7.5% where one partner remains in the home while the other enters long-term residential care. The ‘three year' cap will also extend to farms and business in certain circumstances.

If there is a partner or certain dependants living in the principal residence, the repayment of contributions may be further deferred for their lifetime. Finally, there are important safeguards built in to the Financial Assessment which are worth noting.

Nobody will pay more than the actual cost of care.

Individuals will keep a personal allowance of 20% of their income or 20% of the maximum rate of the State Pension (non-Contributory), whichever is the greater.

If there is a spouse/partner remaining at home, he/she will be left with 50% of the couple's income or the maximum rate of the State Pension (non-Contributory), whichever is the greater.

When the Care Needs and Financial Assessments have been completed, the HSE will provide a list of nursing homes to choose from. The list will include public, voluntary and approved private nursing homes. Approved private nursing homes are homes which have agreed the price charged for care with the National Treatment Purchase Fund and are approved for the purposes of the scheme. Individuals can choose care in any nursing home on the list, subject to the following conditions:

The facility must be able to cater for their particular needs, and

The facility must have a place for them.

A person's choice of facility is not connected in any way to the level of their contribution to care.

If a public or voluntary nursing home is selected, the person will pay their contribution to the HSE or voluntary nursing home, as appropriate, each week and the State will pay the balance. If an approved private nursing home is selected, the person will pay their contribution to the nursing home provider each week and the State will pay the balance. Finally, I have arranged for an Information Leaflet, FAQ's and Examples of Co-payment under the scheme to be posted to the Deputy for the benefit of the individual referred to in the question.

Health Services.

Finian McGrath

Ceist:

524 Deputy Finian McGrath asked the Minister for Health and Children if a matter (details supplied) will be supported. [31816/09]

As this is a service matter it has been referred to the HSE for direct reply.

Ministerial Expenses.

George Lee

Ceist:

525 Deputy George Lee asked the Minister for Health and Children the amount that has been claimed in expenses by each Minister and Minister of State in her Department from 1997 to 2008; the reasons these expenses were claimed; and if she will make a statement on the matter. [31948/09]

The amount claimed in expenses by each Minister and Minister of State at the Department of Health and Children during the period 1997 to 2008 is set out in the following table.

Period Covered

Amount

Mary Harney T.D.

2004-2008

18,921

Micheál Martin T.D.

2000-2004

4,883

Brian Cowen T.D.

1997-2000

3,538

Michael Noonan T.D.

1997-1998

133

Barry Andrews T.D.

2008

413

Brendan Smith T.D.

2007-2008

986

Brian Lenihan T.D.

2002-2007

111,021

Mary Hanafin T.D.

2000-2003

52,113

Austin Currie T.D.

1997-1998

19,268

John Moloney T.D.

2008

17,655

Pat ‘The Cope’ Gallagher T.D.

2007-2008

62,114

Dr Jimmy Devins T.D.

2007-2008

37,120

Máire Hoctor T.D.

2007-2008

15,945

Seán Power T.D.

2004-2007

124,761

Tim O’Malley T.D.

2002-2007

167,223

Ivor Callely T.D.

2002-2004

89,792

Dr Tom Moffatt T.D.

1997-2003

169,889

Frank Fahey T.D.

1997-2001

102,687

Brian O’Shea T.D.

1997-1998

12,872

Road Traffic Regulations.

John Deasy

Ceist:

526 Deputy John Deasy asked the Minister for Transport the steps he will take to deal with noise pollution emanating from private vehicles with modified engines and exhaust systems; and if he will make a statement on the matter. [30106/09]

It is already a requirement for the registration and entry into service of new motor vehicles in the European Union that they have type-approval in accordance with Directive 70/157/EEC, as amended, which sets down the permissible sound levels and exhaust systems for motor vehicles.

In-service vehicle standards are specified in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, which require vehicles to be fitted with a silencer or other device to reduce to a reasonable level the noise caused by the escape of exhaust gases from the engine. Article 85 of these regulations prohibits the use in a public place of a vehicle which causes excessive noise. I have recently accepted proposals from the Road Safety to make changes to the NCT, to include a test of vehicle exhaust noise, and expect to make the necessary Regulations later this year.

Regional Road Network.

James Bannon

Ceist:

527 Deputy James Bannon asked the Minister for Transport if he has made provision for the full cost of the realignment work on Garrycastle Bridge in Athlone, County Westmeath which is due to commence in 2010. [30227/09]

The improvement and maintenance of regional and local roads, including bridges, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. Earlier this year, a specific improvement grant of €600,000 was allocated to Westmeath County Council for works at Garrycastle Bridge. Last month my Department sought applications for funding under the Specific Improvement Grants scheme in 2010. It is now a matter for Westmeath County Council to continue to prioritise this project for funding.

Rural Transport Services.

Paul Connaughton

Ceist:

528 Deputy Paul Connaughton asked the Minister for Transport the reason the rural transport programme is being abolished; if his attention has been drawn to the valuable service it provides to many elderly people living in rural areas; and if he will make a statement on the matter. [31671/09]

Sean Sherlock

Ceist:

564 Deputy Seán Sherlock asked the Minister for Transport if there are plans to enhance the rural transport scheme as administered through development agencies; and if he will make a statement on the matter. [31205/09]

Denis Naughten

Ceist:

567 Deputy Denis Naughten asked the Minister for Transport the steps he will take to protect rural transport services in view of the recent publication by the Central Statistics Office; and if he will make a statement on the matter. [31380/09]

I propose to take Questions Nos. 528, 564 and 567 together.

As you are aware, the Minister for Finance, Mr Brian Lenihan T.D., established a Special Group on Public Service Numbers and Expenditure Programmes, under the chairmanship of Mr. Colm McCarthy, to examine the current expenditure programmes in each Government Department and to make recommendations for reducing public service numbers so as to ensure a return to sustainable public finances. In July 2009, the Minister for Finance received the Special Group's report and brought it to Government, and the Report was published in full. Among other things, the report recommends the abolition of the Rural Transport Programme.

The Government will be reflecting on the Report's recommendations over the months ahead. Decisions on implementation will rest with the Government and Dáil Éireann, including in the context of preparing the Budget for 2010 and later years. The Government has referred the Report for analysis and comment by the Oireachtas Committee on Finance and General Affairs prior to the Budget in December.

EU Surveys.

John O'Mahony

Ceist:

529 Deputy John O’Mahony asked the Minister for Transport if he has received a cost-benefit analysis from the European Commission proving the benefits of the eCall system if applied here; if he will clarify if this study is at odds with an internal study carried out previously by him; and if he will make a statement on the matter. [30128/09]

John O'Mahony

Ceist:

549 Deputy John O’Mahony asked the Minister for Transport if he has received a cost-benefit analysis from the European Commission proving the benefits of the eCall system if applied here; if this study is at variance with an internal study carried out previously by him; and if he will make a statement on the matter. [30786/09]

I propose to take Questions Nos. 529 and 549 together.

I have not received a cost benefit analysis from the European Commission in regard to eCall. I understand that an impact assessment on eCall, being undertaken under the auspices of the Commission, is not completed yet.

Public Transport.

Fergus O'Dowd

Ceist:

530 Deputy Fergus O’Dowd asked the Minister for Transport if his attention has been drawn to the proposal by Bus Éireann to abolish, or reduce frequency of, approximately 50 of its routes as part of its cost recovery programme; if these routes are subvented by the State; if such funding will be returned to the Exchequer; the amount of such funding; and if he will make a statement on the matter. [30265/09]

I have been briefed on Bus Eireann's plan. The Company is currently pursuing a cost recovery plan to deal with the company's growing operating deficit arising from cost pressures and changes in passenger demand. This is after account is taken of a subvention grant of €45m in 2009 towards loss making services. The plan is the subject of discussion between Bus Éireann and its unions. I understand that some of the routes affected are PSO routes which are loss making.

Departmental Reports.

Fergus O'Dowd

Ceist:

531 Deputy Fergus O’Dowd asked the Minister for Transport his views on the report on his Department by an bord snip nua; and if he will make a statement on the matter. [30266/09]

As the Deputy is aware, the mandate of the Special Group on Public Service Numbers and Expenditure Programmes was to examine all current expenditure programmes across all Government Departments and agencies to see where expenditure and staff savings might be made, as necessary, in the current difficult economic climate so as to ensure a return to sustainable public finances. The Special Group's report highlights some difficult policy options facing us in the period ahead. The report will be considered as part of the Estimates and budgetary process for 2010 and decisions on its recommendations and the issues arising will be a matter for the Government. It would not be appropriate for me to comment further at this stage on the individual recommendations pending the outcome of these deliberative processes.

Public Transport.

Fergus O'Dowd

Ceist:

532 Deputy Fergus O’Dowd asked the Minister for Transport if he has had discussion with Bus Éireann regarding the recent proposal from an bord snip nua in relation to the sale of the Expressway arm of Bus Éireann; and if he will make a statement on the matter. [30267/09]

In recent days Bus Éireann has provided my Department with its comments on the recommendation in the Special Group's Report on the sale of Bus Éireann. As I indicated in a separate reply today, the Special Group's recommendation will be considered as part of the budgetary process for 2010 and it would not be appropriate, for me to comment on any particular recommendation at this stage.

Driving Licences.

Catherine Byrne

Ceist:

533 Deputy Catherine Byrne asked the Minister for Transport the rules governing foreign driving licences here; if a person holding a foreign licence can exchange it for an Irish driver’s licence; and if he will make a statement on the matter. [30327/09]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) this is a matter for the Road Safety Authority.

Public Transport.

Charlie O'Connor

Ceist:

534 Deputy Charlie O’Connor asked the Minister for Transport his plans to ensure the introduction of an integrated ticketing system for Luas and bus services in the Dublin region; and if he will make a statement on the matter. [30343/09]

The integrated ticketing system in the Greater Dublin Area (GDA) is being introduced on a phased basis, based on smartcard technology. A progressive approach is being adopted to allow customers to familiarise themselves with using the new system and to permit transport operators to undertake the necessary testing with the integration of the technologies involved. The project is now firmly in the implementation phase.

A smartcard for Luas services has been available on all Luas services for some time. Smartcards have also been introduced by Dublin Bus in respect of a number of ticket products such as annual and monthly tickets and 5-day rambler tickets. There are also annual and monthly integrated bus and rail, and bus and Luas smartcard tickets. The smartcard is now being used by some 30% of Dublin Bus customers.

Subject to successful in-house testing, the single smartcard will be rolled out initially to a small number of Dublin Bus testers for live consumer testing of the Dublin Bus/Luas integrated annual ticket, and then to a small number of customers, in early 2010. The smartcards will have electronic purse "pay-as-you-go" capability which will be switched on later in 2010. The single smartcard will continue to be rolled out on Dublin Bus and Luas throughout 2010, so that by end 2010 the pay-as-you-go option will be available to all Dublin Bus and Luas passengers in the GDA. Further Dublin Bus and Luas ticket products will be released on the smartcard in early 2011.

Iarnród Eireann is currently progressing with its plans to introduce an interim smartcard scheme. Stations have been fitted with smartcard readers and the system is currently being tested in advance of launch to the public. Bus Éireann will commence testing in 2010 with roll-out of its pilot phase planned for early 2011 on a number of its services. The company will then evaluate the feasibility of extending the scheme to include its whole network in the GDA. Private bus operators are also participating in the development of the scheme and it is anticipated that a number of these operators, along with Irish Rail Dart and Commuter services, will join the scheme over this timeframe.

Charlie O'Connor

Ceist:

535 Deputy Charlie O’Connor asked the Minister for Transport the position regarding the extension of the Luas line from Tallaght; the schedule of same; and if he will make a statement on the matter. [30344/09]

I understand from the RPA that construction work on the new Luas spur from Belgard to Citywest and Saggart (4.2km) commenced earlier this year and is expected to be completed by end 2010 with services operating on the line in early 2011.

National Cycle Manual.

Ciarán Cuffe

Ceist:

536 Deputy Ciarán Cuffe asked the Minister for Transport when he will publish the draft national guidelines for a cycle design manual; if a consultation process will be undertaken; if so, the form it will take; when it will take place; when the final manual will be published; and if he will make a statement on the matter. [30371/09]

Work is at an advanced stage on the drafting, by the Dublin Transportation Office, of the National Cycle Manual 2009. While an initial draft has been circulated to city and county councils, a number of Departments (including my own) and other agencies, I understand from the Dublin Transportation Office, that a wider consultation to include the cycling community will commence in late October. The intention is finalise and publish the manual before the end of this year.

Air Services.

Olivia Mitchell

Ceist:

537 Deputy Olivia Mitchell asked the Minister for Transport the average subsidy per passenger in 2008 on all Irish air routes subject to a subsidised public service obligation in view of an bord snip nua recommendations; and if he will make a statement on the matter. [30458/09]

Under EU Council Regulation 2408/92, my Department provides compensation to contracted regional air carriers for the operation of air services under the Public Service Obligation (PSO) regime between Dublin and Galway, Kerry, Knock, Sligo, Donegal and City of Derry regional airports. The services for Sligo/Donegal and Knock/Derry are provided under combined contracts.

The contracts are fixed price contracts for each route or route combination and are not based on the number of passengers travelling. However, I can advise the Deputy that just over 284,000 passengers were carried on the PSO routes in 2008 and the average cost per passenger was 50 Euro. This figure is based on the contracted costs for year 1 of the 2008-2011 contracts (i.e. 22nd July 2008 to 21st July 2009) and the total passenger numbers for the 2008 calendar year.

Public Transport.

Olivia Mitchell

Ceist:

538 Deputy Olivia Mitchell asked the Minister for Transport the requirement for accessibility on CIÉ tour buses, private Irish tour buses and non-Irish licensed buses; and if he will make a statement on the matter. [30472/09]

As set out in my Department's Sectoral Plan under the Disability Act 2005, the Department of Transport's Guidelines for the Consideration of Passenger Road Licence Applications under the Road Transport Act 1932 encourage all licence holders to use accessible vehicles. In addition, section 48 of the Dublin Transport Authority Act 2008 sets out how bus services are to be procured under the Act from Bus Éireann, Dublin Bus and private operators and the main provisions that are to be included in related contracts. These include a requirement to provide for accessibility standards for the services in question. Furthermore, under section 13 of the recently published Public Transport Regulation Bill 2009, the National Transport Authority authority will be empowered to impose accessibility conditions on the grant of bus route licences. However, while this regulatory regime will empower the Authority to impose accessibility standards, the coach manufacturing industry in Europe has only in the last two years begun to produce accessible coaches drawing on research commissioned by the European Commission in this area.

There is no EU obligation which requires the use of accessible coaches and the number manufactured to date is still quite small relative to the total number of coaches in use. On the enactment of the Public Transport Regulation Bill, this matter will fall to be considered by the Authority, while ensuring that there is no barrier to the free movement of vehicles.

Air Services.

Pat Breen

Ceist:

539 Deputy Pat Breen asked the Minister for Transport, further to Parliamentary Question No. 267 of 8 July 2009, his views on the failure of Aer Lingus to sign up to new US pre-clearance facilities at Shannon; if he has held discussions with the airline in relation to this matter; if he will report on these discussions; and if he will make a statement on the matter. [30497/09]

Joe Carey

Ceist:

551 Deputy Joe Carey asked the Minister for Transport his views regarding the non-usage of the new full US customs and border protection facility at Shannon Airport by Aer Lingus; the actions he has taken to address this situation; and if he will make a statement on the matter. [30830/09]

Joe Carey

Ceist:

552 Deputy Joe Carey asked the Minister for Transport the additional resources that have been given to Shannon Airport authorities in order to market the new full US customs and border protection facility at Shannon Airport; and if he will make a statement on the matter. [30831/09]

I propose to take Questions Nos. 539, 551 and 552 together.

Given the very significant investment involved in the construction of the preclearance facility at Shannon, I would hope that as many flights as possible would use the preclearance services there. However, I understand that Aer Lingus would face severe logistical difficulties in U.S. airports in a situation where their ex-Shannon flights would be precleared and their ex-Dublin flights would not. Preclearance will not be available at Dublin Airport until Terminal Two is operational in 2010. Accordingly I understand that the airline has taken a decision to postpone using preclearance for their U.S.-bound flights until the service is available both in Dublin and Shannon. Responsibility for marketing preclearance facilities at Shannon Airport is a matter for the Shannon Airport Authority.

State Airports.

Pat Breen

Ceist:

540 Deputy Pat Breen asked the Minister for Transport his proposals for the restructuring of the airport boards at Cork and Shannon Airports; his plans to abolish these boards; and if he will make a statement on the matter. [30498/09]

In December last, following the recommendations of the boards of the three State Airport Authorities, I announced the deferral until 2011 of a decision on the separation of the Airports under the State Airports Act, 2004 given the current very difficult circumstances in the aviation sector. I took the view at the time that it would be best to provide a reasonable period of time to enable the boards and management of these airports to address the very significant challenges facing the aviation market. New governance arrangements, which have now been agreed by the three Airport Authorities, will provide an opportunity for Cork and Shannon Airport to realise the potential provided by the very substantial investment in the airports in recent years. Given the agreement to defer a decision on final separation until 2011 the boards will stay in place until that decision is finalised.

Road Safety.

Caoimhghín Ó Caoláin

Ceist:

541 Deputy Caoimhghín Ó Caoláin asked the Minister for Transport his views on the proposal by the Road Safety Authority to introduce night time curfews for young learner drivers; his further views on whether it would be constitutional to introduce same for young learner drivers under 25 years and not learner drivers over 25 years; and if he will make a statement on the matter. [30530/09]

Caoimhghín Ó Caoláin

Ceist:

542 Deputy Caoimhghín Ó Caoláin asked the Minister for Transport his views on the proposal by the Road Safety Authority to introduce night time curfews for young learner drivers; his further views on whether such a proposal could only be considered in the context of exemptions for work, education and other purposeful, non-recreational driving as recommended by the OECD; and if he will make a statement on the matter. [30531/09]

I propose to take Questions Nos. 541 and 542 together.

The Road Safety Authority recently conducted a consultation process on a Graduated Driver Licensing System which could include a night time curfew for learner drivers. I will give careful consideration to whatever proposals are submitted to me in due course, on foot of this consultation process. As no proposals have as yet been submitted, it would be inappropriate for me to comment further.

Rail Safety.

Michael Kennedy

Ceist:

543 Deputy Michael Kennedy asked the Minister for Transport his plans for a full investigation of the collapse of the railway bridge at Broadmeadows in Malahide; the arrangements to expedite repairs of the bridge on a 24 hours a day, seven days per week basis; the arrangements for future safety inspections by the Railway Safety Commission on all railway bridges; and if arrangements will be made to have the bridge heightened at Skerries to facilitate large trucks accessing the road way at this location instead of the current detour necessary via Rush. [30571/09]

Thomas P. Broughan

Ceist:

546 Deputy Thomas P. Broughan asked the Minister for Transport if he has ordered a full audit of all railway tracks and infrastructure particularly in coastal areas following the recent collapse of the Broadmeadow railway viaduct in north Dublin; and if he will make a statement on the matter. [30682/09]

I propose to take Questions Nos. 543 and 546 together.

In accordance with section 58 of the Railway Safety Act 2005, the Railway Accident Investigation Unit (RAIU) is now investigating all aspects of the cause of the collapse of the Malahide viaduct. The RAIU is obliged, other than in exceptional circumstances, to issue a report no later than 12 months after the date of occurrence of the incident but will, I expect, do so as expeditiously as possible.

In addition, as provided for under Section 53 of the Railway Safety Act 2005, Irish Rail is undertaking an investigation of the collapse. In this context, I understand that the Chairman of CIE & Irish Rail has set up a Board Sub-Committee, chaired by a member of the Board, to oversee this internal Irish Rail investigation, which will be supported by independent advisers. The report of the Irish Rail investigation including all records and data will be made available to the Railway Accident Investigation Unit and the Railway Safety Commission (RSC).

In the meantime, I understand that design work for the reconstruction of the viaduct has already commenced. When completed the designs will be subject to a thorough and independent review by Irish Rail's advisors and by the Railway Safety Commission. I am informed that Irish Rail is aiming to have the viaduct reopened for rail services by late November 2009.

As regards other bridge infrastructure, I understand that a team of Irish Rail engineers has already commenced a programme of inspections of all other Irish Rail bridges. The team is being supported by structural engineering consultants. Priority is being given to the inspection of other rail bridges over estuaries, lakes, rivers and canals which are susceptible to water scouring. Irish Rail has in place a safety regime of management systems, inspections regimes and audits, which has been accepted by the Railway Safety Commission. Alteration to the bridge at Skerries is a matter for Irish Rail.

Dublin Port Study.

Finian McGrath

Ceist:

544 Deputy Finian McGrath asked the Minister for Transport if he will support a matter (details supplied). [30653/09]

The references in the attached information to the Dublin Port Study published in August, and available on my Department's website, are accurate. In relation to Dublin Port Company's planning application the Minister for Transport is a "prescribed body" for such an application and I was duly consulted on the application by An Bord Pleanála. I have brought the recently published study to the attention of the Board.

State Airports.

Finian McGrath

Ceist:

545 Deputy Finian McGrath asked the Minister for Transport if he will support a matter (details supplied). [30654/09]

I have noted the matters raised in the letter referred to by the Deputy. The position with regard to Terminal Two in Dublin Airport is that its construction is in accordance with Government policy on the strengthening of airport capacity. However, airport operational issues, such as the opening of the terminal, are the responsibility of the Dublin Airport Authority.

In 2008, on the recommendation of the boards of the three State airport authorities I decided to postpone a decision on the separation of Cork and Shannon Airports, until 2011. I took the view at the time that it would be best to provide a reasonable period of time to enable the boards and management of these airports to address the very significant challenges facing the aviation market. Accordingly, my conclusion was that the continuation of these boards would be in the best interests of all three State airports until I am in a position to decide on the issue of airport separation under the State Airports Act 2004.

Question No. 546 answered with Question No. 543.

Parking Regulations.

Charles Flanagan

Ceist:

547 Deputy Charles Flanagan asked the Minister for Transport the legal position in respect of preventing a motorist from removing their car from private property until after the payment of money to the clamping company in view of the clamping of wheels on motor vehicles stationary in a public place; and if he will make a statement on the matter. [30764/09]

I can only comment on the provisions of the Road Traffic Acts, which relate to vehicles illegally parked on public roads or in local authority car parks. Section 101(b) of the Road Traffic Act 1961, as amended, allows an authorised person to fix an immobilisation device (clamp) to a vehicle while it remains in the place where he finds it or to move it from that place to another place and fix an immobilisation device to it there, if the vehicle is parked in contravention of any prohibition or restriction under Sections 35, 36 and 36A of the Road Traffic Act 1994. Section 101(b) also sets out the conditions for removal of an immobilization device, generally following payment of the prescribed charge.

The Road Traffic (Traffic and Parking) Regulations, 1997 to 2006 set out parking controls for the purposes of section 35. Parking controls for the purposes of sections 36 and 36A are set out in any bye-laws made by a local authority under those provisions. These regulations and bye-laws only apply in respect of vehicles illegally parked on public roads or in local authority car parks.

Planning Issues.

Joanna Tuffy

Ceist:

548 Deputy Joanna Tuffy asked the Minister for Transport the reason the plans for the deep water port are only available to view in Drogheda Garda station and in the presence of gardaí and cameras; the further reason it is not possible to copy information from the plans; the reason the plans were not made available to view for one week during the consultation period; the public consultation procedures in relation to these plans; and if he will make a statement on the matter. [30781/09]

Thomas P. Broughan

Ceist:

550 Deputy Thomas P. Broughan asked the Minister for Transport the reason proposals for the alterations of the harbour limits of Drogheda Port Company, in relation to the proposed new deep water port of Bremore, are on display at the superintendent’s office at Drogheda Garda station; the arrangements that are in place for the general public to view and assess these proposals including the copying of relevant sections at Drogheda Garda station; and if he will make a statement on the matter. [30815/09]

Eamon Gilmore

Ceist:

561 Deputy Eamon Gilmore asked the Minister for Transport if his attention has been drawn to the fact that plans by Drogheda Port Authority for a new deep water port at Bremore have been made available for inspection only in the superintendent’s office at Drogheda Garda station, that plans can only be inspected in the presence of members of the Garda and that no copying or photocopying of these plans is permitted; his views on whether this meets the need of the public consultation process; and if he will make a statement on the matter. [30936/09]

Willie Penrose

Ceist:

571 Deputy Willie Penrose asked the Minister for Transport the reason that interested parties who wish to view the plans for the new deep water port prepared by the Drogheda Port Authority must do so at Drogheda Garda station, which only allows for a limited time, and whereby they are not allowed to make photocopies of any of the documents; the way same can constitute a legal public consultation; and if he will make a statement on the matter. [31791/09]

I propose to take Question Nos. 548, 550, 561 and 571 together.

In July this year Drogheda Port Company made an application to me for a Ministerial Order to alter the company's harbour limits, as provided for by section 9 of the Harbours Act 1996, as amended by section 3 of the Harbours (Amendment) Act 2009. A public consultation with respect of such orders is not a statutory requirement. However, such a public consultation was carried out prior to a previous alteration of the company's harbour limits in 2004 and the company has conducted a similar consultation in this instance.

The procedure by which the consultation document was made available for public viewing for 21 days at the local Garda Station is the same as that followed with regard to the previous proposed alteration of the harbour limits in 2004. The consultation period concluded on 9 September and the documentation has now been returned to me with a confirmation from the Gardaí that it was on public display from 19 August for a period of 21 days. I have received a number of submissions in response to the consultation and will give due consideration to these before making my decision.

The proposed alteration of the harbour limits would extend them to the area around the proposed location for a new port at Bremore. However, a planning application for the new port has not been made as yet. Any such application would follow all the usual planning consultations.

Question No. 549 answered with Question No. 529.
Question No. 550 answered with Question No. 548.
Questions Nos. 551 and 552 answered with Question No. 539.

Regional Road Network.

Fergus O'Dowd

Ceist:

553 Deputy Fergus O’Dowd asked the Minister for Transport the implications for his Department, local authorities and the National Roads Authority of his decision to transfer funding allocation responsibility for local and regional roads into the National Roads Authority; the steps he is putting in place to ensure transparency for future funding allocations; the assurances he will give local road authorities that their responsibility for the local road network will remain intact; and if he will make a statement on the matter. [30840/09]

Sean Sherlock

Ceist:

568 Deputy Seán Sherlock asked the Minister for Transport his policy with regard to the transferring of responsibility for the administration of non-national road grants from individual local authorities to the National Roads Authority; and if he will make a statement on the matter. [31424/09]

I propose to take Questions Nos. 553 and 568 together.

The improvement and maintenance of regional and local roads, including bridges, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority.

New arrangements for the management and administration of regional and local road grants were introduced on 1st September 2009. These arrangements were put in place on foot of the existing statutory framework which places responsibility for the improvement and maintenance of regional and local roads with local authorities. From 1st September, last, the National Roads Authority was tasked to undertake the management of the Regional and Local Roads Investment Programme on behalf of my Department. The National Roads Authority will recommend grant allocations for regional and local roads for 2010 and subsequent years, which will be subject to final approval by the Minister for Transport. The 2010 grant allocations will be announced early in the New Year.

Public Transport.

Fergus O'Dowd

Ceist:

554 Deputy Fergus O’Dowd asked the Minister for Transport his views on the recommendation in the Deloitte report on Dublin Bus that Dublin Bus has sufficient buses to meet demand in view of the decision of Dublin Bus to reduce fleet size by 120 buses since the publication of the report; and if he will make a statement on the matter. [30841/09]

Fergus O'Dowd

Ceist:

555 Deputy Fergus O’Dowd asked the Minister for Transport the way the increase in the PSO payment from €16 million in 1999 to €80.6 million is accounted for in terms of annual inflation, increasing wage costs, increasing running costs and so on in view of the fact that by year end 2009 the number of buses in the Dublin Bus fleet will be nearly the same, after cutbacks, as the level in 2000; and if he will make a statement on the matter. [30842/09]

Fergus O'Dowd

Ceist:

556 Deputy Fergus O’Dowd asked the Minister for Transport the amount of subvention that will be given to Dublin Bus in 2009; and if he will make a statement on the matter. [30843/09]

Fergus O'Dowd

Ceist:

559 Deputy Fergus O’Dowd asked the Minister for Transport if PSO payments to State bus companies have been increased to compensate for the cancellation of the fuel rebate scheme; and if he will make a statement on the matter. [30846/09]

I propose to take Questions Nos. 554 to 556, inclusive, and 559 together.

Dublin Bus have been allocated €82.4m in 2009 towards the cost of loss making economically and socially necessary services. The 2009 subvention to both Dublin Bus and Bus Éireann has not been increased to compensate for the withdrawal of the fuel duty rebate. The growth in the subvention paid to Dublin Bus over the period since 1999 reflects the growth in the number of services, particularly peak hour services provided, increased labour and fuel costs in particular and fare increases over that period.

The decision by Dublin Bus as part of its cost recovery plan, to reorganise its network to reflect changes in demand, based on 120 fewer buses is consistent with the conclusions in the Deloitte Report. The Deloitte report concluded that the Dublin Bus fleet is adequate to meet current demand, and that fleet expansion was not an immediate issue. Instead the Deloitte report concluded that the focus should be on optimising the existing network and extracting full value from the existing fleet. I understand that Dublin Bus are taking account of the Deloitte findings in the redesign of the network.

Dublin Transport Authority.

Fergus O'Dowd

Ceist:

557 Deputy Fergus O’Dowd asked the Minister for Transport if he has nominated an establishment date for the Dublin Transport Authority; and if he will make a statement on the matter. [30844/09]

Fergus O'Dowd

Ceist:

558 Deputy Fergus O’Dowd asked the Minister for Transport the reason for the delay in establishing the Dublin Transport Authority; and if he will make a statement on the matter. [30845/09]

I propose to take Questions Nos. 557 and 558 together.

As I have indicated previously the Dublin Transport Authority will be established before the end of this year. I recently announced the appointment of Mr. John Fitzgerald as chairperson and Mr. Gerry Murphy as chief executive designate of the Authority. I will appoint the remaining members of the Authority in the near future.

Question No. 559 answered with Question No. 554.

Planning Issues.

Ruairí Quinn

Ceist:

560 Deputy Ruairí Quinn asked the Minister for Transport his views on whether Aer Rianta acted in full compliance with all planning laws with regard to lands (details supplied) in County Dublin during the 1990s; and if he will make a statement on the matter. [30858/09]

I have no function in relation to the enforcement of planning laws. The Deputy will be aware that there is an ongoing legal action relating to lands at Harristown.

Question No. 561 answered with Question No. 548.

Road Network.

Sean Sherlock

Ceist:

562 Deputy Seán Sherlock asked the Minister for Transport his policy regarding the Atlantic corridor; and if he will make a statement on the matter. [30982/09]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority under the Roads Act 1993 in conjunction with the local authorities concerned. The priority for the roads investment programme after the completion of the major interurban network will be the road schemes on the Atlantic Road Corridor as well as the improvement of other key national primary routes and the targeted improvement of certain national secondary routes. Progress on these and other road schemes must be viewed in the context of the challenging financial times ahead.

Sean Sherlock

Ceist:

563 Deputy Seán Sherlock asked the Minister for Transport the communication he has had with the National Roads Authority with regard to the construction of the Atlantic corridor; if the plans for the route will be expedited within the current timeframe; and if he will make a statement on the matter. [30987/09]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads projects, including the Atlantic Road Corridor, is a matter for the National Roads Authority (NRA) under the Roads Act, 1993, as amended by the Roads Act 2007, in conjunction with the local authorities concerned. I have had no specific communication with the NRA in relation to the development of the Atlantic Road Corridor.

The priority for the roads investment programme after the completion of the major interurban network will be the road schemes on the Atlantic Road Corridor as well as the improvement of other key national primary routes and the targeted improvement of certain national secondary routes. Progress on these and other road schemes must be viewed in the context of the challenging financial times ahead.

Question No. 564 answered with Question No. 528.

Departmental Staff.

Niall Collins

Ceist:

565 Deputy Niall Collins asked the Minister for Transport if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31235/09]

Civil servants from my Department who are members of boards of agencies, under the aegis of my Department, do not receive a fee, salary or remuneration in respect of such membership. Civil Servants who may be seconded to or employed by Agencies are remunerated in the normal way by reference to their grade.

Consumer Protection.

Olivia Mitchell

Ceist:

566 Deputy Olivia Mitchell asked the Minister for Transport if there has been consultation between himself and the European Commission in relation to the planned stakeholder consultation to be held in October 2009 with regard to the overhaul of consumer rights for holiday makers; his views on the planned overhaul; and if he will make a statement on the matter. [31244/09]

The European Commissioner for Consumer Affairs recently announced that the European Commission is to seek to overhaul existing consumer protection legislation with a view to providing additional safeguards for people who book flights and accommodation over the Internet.

Statutory responsibility for consumer protection in the travel industry in Ireland rests with the Commission for Aviation Regulation (CAR). A recent review of the travel trade regulations by CAR highlighted the need for reform of EU legislation in this area, as the existing regime no longer reflects the realities of the market place where an increasing number of holidaymakers are booking through online service providers who are not currently subject to the licensing and bonding requirements imposed on Travel Agents and Tour Operators. In that context, my Department and CAR will engage in the stakeholder consultation process when it is launched. My colleague, the Minister for Enterprise, Trade & Employment would also have an interest in terms of consumer protection policies generally.

Question No. 567 answered with Question No. 528.
Question No. 568 answered with Question No. 553.

Departmental Expenditure.

Damien English

Ceist:

569 Deputy Damien English asked the Minister for Transport the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31584/09]

The information requested by the Deputy is contained in the following table in respect of my Department.

2004

2005

2006

2007

To date in 2009

€2,351.56

€53

€284,682.62

€159,545.10

€109,615.05

Advertising or promotional programmes undertaken by agencies or bodies under the aegis of my Department are undertaken by them in the exercise of their statutory functions. This is a day to day matter for those bodies.

Departmental Programmes.

David Stanton

Ceist:

570 Deputy David Stanton asked the Minister for Transport the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31718/09]

The total cost of administering the cycle to work scheme in my Department has been estimated at €3,000 for 2009.

Question No. 571 answered with Question No. 548.

Departmental Reports.

Denis Naughten

Ceist:

572 Deputy Denis Naughten asked the Minister for Transport, further to Parliamentary Question No. 341 of 9 June 2009, the position regarding the review taking place in his Department; and if he will make a statement on the matter. [31798/09]

The review referred to previously is nearing completion within my Department, and I expect that both a report and recommendations for amendments to the scheme will be submitted for my approval shortly.

Ministerial Expenses.

George Lee

Ceist:

573 Deputy George Lee asked the Minister for Transport the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31952/09]

The Department of Transport was newly created in 2002. The amount claimed in expenses by each senior and junior Minister in the Department is set out in the table.

Senior Minister

Year

Expenses claimed

Ms. Mary O’Rourke, T.D.

2002

11,284

Mr. Seamus Brennan, T.D.

2003

22,552

Mr. Seamus Brennan, T.D.

2004

30,563

Mr. Martin Cullen, T.D.

2005

28,699

Mr. Martin Cullen, T.D.

2006

36,871

Mr. Martin Cullen, T.D.

2007

56,206

Mr. Noel Dempsey, T.D.

2007

6,695*

Mr. Noel Dempsey, T.D.

2008

40,375

* Expenses paid in 2008 relating to 2007.

Junior Minister

Year

Expenses claimed

Mr. James McDaid, T.D.

2002

30,678

Mr. Joseph Jacob, T.D.

2002

1,524

Mr. James McDaid, T.D.

2003

21,411

Mr. James McDaid, T.D.

2004

24,259

Mr. Ivor Callely, T.D.

2004

596

Mr. Ivor Callely, T.D.

2005

31,316

Mr. Pat Gallagher, T.D.

2006

22,860

Mr. Pat Gallagher, T.D.

2007

26,959

Mr. Noel Ahern, T.D.

2008

11,444

The reasons for the expenses claimed were: monthly Ministerial expenses (provided for in legislation); and travel and subsistence incurred while working on official Government business.

Tax Collection.

Michael Ring

Ceist:

574 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if it is possible to review and reduce the standard fees charged by Revenue sheriffs for the issuing of warrants and so on in view of the difficulties faced by many small businesses. [30967/09]

Sheriff's fees and expenses are set out in Sheriff's Fees and Expenses Order 2005 (S. I. No 644 of 2005). In setting the fees, consideration is given to the changes in the Consumer Price Index since the previous fees were set, along with the general costs of operating the service. The fees and expenses as they stand only apply where there has been a failure to make the necessary tax returns to the Revenue Commissioners. However, my Department is keeping the level of fees under active review.

Official Transport.

Michael Ring

Ceist:

575 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the number of office holders, former and present, who have State cars with details of their names and so on. [30972/09]

Office holder cars are provided, pursuant to a long standing arrangement, for the President, Taoiseach, Ministers, Chief Whip, Ceann Comhairle, Minister of State for Children and Youth Affairs, Attorney General, Chief Justice, D.P.P.and former Taoisigh & Presidents. There are currently 26 office holders provided with official vehicles.

European Arrest Warrants.

Charles Flanagan

Ceist:

576 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the reason suspects subject to European arrest warrants were released in 2008 due to processing delays; and if he will make a statement on the matter. [31688/09]

Three subjects of European Arrest Warrants were released in 2008 by order of the High Court because the issuing authority failed, in each case, to collect the subjects within the statutory time limit. There were no processing delays on the part of the Irish authorities in relation to the cases and, in each instance, the High Court had ordered surrender.

Under the provisions of the European Arrest Warrant Act 2003, as amended, a person, whose surrender has been ordered by the High Court, must be surrendered to the requesting state within 10 days from the date the Order takes effect. The Act provides for an extension of the time limit in certain circumstances. The courts in this jurisdiction have ruled that applications for such extensions must be made to the courts and that the issuing authorities must show good reason why it was not possible to collect the subject within the time limit. In each of the three cases in question, the Irish Central Authority for the European Arrest Warrant notified the issuing authorities of the Order for surrender and the time limit in accordance with standard procedures. In each case, the issuing authority was unable to collect the subject within the statutory time limit. Following legal proceedings in each case, the courts ordered release of the subjects on the grounds that the reasons advanced by the issuing authorities for failure to collect within the time-limit were not sufficient. As the Deputy will appreciate, the courts are, subject to the law and the Constitution, independent in the exercise of their functions and it is not open to me to make any comment in relation to these proceedings.

However, I can say that the Central Authority has raised the issue of non-collection with the authorities of a particular Member State. In response, the authorities in the state concerned have assured the Irish authorities that subjects will be collected on time. The Central Authority will continue to monitor the situation and take action as appropriate.

Deportation Orders.

Denis Naughten

Ceist:

577 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform his plans to review deportation procedures; and if he will make a statement on the matter. [31689/09]

Where an asylum application is made by a non-Irish national it is considered by the Office of the Refugee Applications Commissioner and, in the event of an appeal, by the Refugee Appeals Tribunal. In the event of negative recommendations from both agencies, or in the case of any third country national found to be illegally present in the State, a notice of intent to deport under section 3(3)(a) of the Immigration Act, 1999 is served on the person concerned which affords him/her an opportunity to avail of any one of three specified options. These three options are a) to leave the State voluntarily, b) to consent to the making of a Deportation Order, c) to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary Leave to Remain in the State be granted instead. In the case of refused asylum applicants a fourth option is available d) to apply for Subsidiary Protection.

In determining whether to make a deportation order or grant temporary leave to remain in the State, I must have regard to the eleven factors set out in Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 (prohibition of refoulement) of the Refugee Act, 1996, as amended. Temporary leave to remain is considered in every case regardless of whether representations are made by, or on behalf of, the persons concerned.

The Deputy might wish to note that, in addition to the eleven factors contained in Section 3(6) of the Immigration Act, 1999 (as amended), I must, as stated earlier, also have regard to Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement before making a Deportation Order. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

Each asylum application received is considered on the basis of the facts, individual circumstances and merits of the case presented and a final decision is reached following a comprehensive examination and investigation of these facts, merits and circumstances taking full account of the political and human rights conditions prevailing in the person's country of return and the latest reports of the United Nations High Commission for Refugees.

In the event that temporary leave to remain in the State is refused by me, and I sign a Deportation Order, notice of such an order is then served either by registered post, or by hand, requiring the person concerned to present himself/herself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for his/her deportation from the State. The enforcement of each deportation order is an operational matter for GNIB.

Finally, the Deputy will be aware that the enactment of the Immigration, Residence and Protection Bill 2008 will be a key measure for achieving efficiencies in the asylum applications processing system itself and in establishing a more effective and streamlined removal process, as set out in Part 6 of the Bill.

Asylum Applications.

Mary O'Rourke

Ceist:

578 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath. [30088/09]

There is currently no application pending in my Department for leave to remain in the case of the persons whose details were supplied. If an application for asylum has been made by the persons concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

Bernard Allen

Ceist:

579 Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency on humanitarian grounds in the case of a person (details supplied) in County Cork. [30119/09]

The person concerned applied for asylum on 23 November 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned was advised of his entitlement to appeal this determination to the Refugee Appeals Tribunal but he did not do so.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 24 June 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

The Deputy might also wish to note that, on 15 July 2008, the person concerned, through his legal representative, sought to be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act 1996 (as amended). This application was refused and the person concerned was notified of the refusal decision by letter dated 29 August 2008.

Citizenship Applications.

Pat Breen

Ceist:

580 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the status of an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [30132/09]

Pat Breen

Ceist:

628 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the position regarding an application for a person (details supplied) in County Clare; and if he will make a statement on the matter. [30757/09]

I propose to take Questions Nos. 580 and 628 together.

There is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

Pat Breen

Ceist:

581 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the status of an application in respect of persons (details supplied); and if he will make a statement on the matter. [30138/09]

Applications for certificates of naturalisation from the persons referred to in the Deputy's Question were received in the Citizenship Division of my Department in February 2007. Both files were recently submitted to me for a decision and I have decided to defer making any final decision on both applications for a period of 18 months until January 2011. The persons concerned were notified of this and the reasons for it in letters issued on 2 September, 2009.

Immigration and Asylum Issues.

Aengus Ó Snodaigh

Ceist:

582 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the increase in numbers of migrants registered with the Garda National Immigration Bureau in the past ten years; the number of deportations broken down according to failed asylum seekers or Dublin II and undocumented migrants; the revenue generated from the introduction of registration fees at GNIB and the increase in citizenship fees; the number of persons refused leave to land at Dublin Airport in the past five years; and the protocols or modus operandi followed by the immigration officers. [30193/09]

The number of persons recorded on the register of non-nationals maintained by An Garda Síochána, in accordance with the provisions of Section 9 of Immigration Act, 2004, at end of each of the past ten years and the number of persons refused leave to land at Dublin Airport in each of the past five years is as follows:

Year

Registered

Refused Leave to land

1999

17,064

n/a

2000

26,644

n/a

2001

56,510

n/a

2002

93,546

n/a

2003

127,956

n/a

2004

133,957

3,183

2005

135,258

2,644

2006

144,090

3,437

2007

155,253

4,515

2008

164,344

3,777

2009

n/a

1,692 (31 July)

Provision is made at section 4, Immigration Act, 2004 for an Immigration Officer to authorise a non-national to land in the State. However circumstances are provided, at section 4(3)(a) to (k) under which an Immigration Officer may, on behalf of the Minister, refuse to give a person a permission to land in the State. In performing his or her functions in this regard, an immigration officer is obliged, pursuant to the provisions of the Act, to have regard to all the circumstances of the non-national concerned known to the officer or represented to the officer by him or her.

Every person landing in the State is obliged, pursuant to the provisions of section 11(2) of Immigration Act, 2004, to furnish to an immigration officer such information, in such manner as an immigration officer may reasonably require, for the purposes of the performance of his or her functions.

The number of deportations, broken down according to failed asylum seekers, non asylum seekers and Dublin II Transfers, is as follows:

Year

Failed Asylum

Non Asylum

Total

1999

6

0

6

2000

172

16

188

2001

310

55

365

2002

417

101

518

2003

431

160

591

2004

494

104

598

2005

335

60

395

2006

241

60

301

2007

103

36

139

2008

129

32

161

Year

DII Transfers

2004

64

2005

209

2006

294

2007

225

2008

271

In May 2006, a fee of €100 was introduced for the issue of registration cards to non-nationals. That fee was revised to €150 in August 2008. A total of €37,574,700 has been received up to 31 August 2009. On 1 August 2008, the fees for certificates of naturalisation were revised to €200 for minors and widows/widowers of Irish citizens and €950 in respect of all other applicants. A total of €1,077,010.22 in additional revenue has been received to date as a result of the introduction of the revised fees.

Michael Creed

Ceist:

583 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the number of applications received for subsidiary protection here in accordance with the European Communities (Eligibility for Protection) Regulations 2006 — Statutory Instrument No. 518 of 2006; the number of applications that have been successful in this regard; the consequences for the applicant if such an application is refused; the timeframe for considering such applications; and if he will make a statement on the matter. [30219/09]

The Deputy might wish to note that the European Communities (Eligibility for Protection) Regulations 2006 (Statutory Instrument No. 518 of 2006), in force since 10 October 2006, are directly applicable to persons who have been formally refused a declaration of refugee status by the Minister for Justice, Equality and Law Reform. Such persons are advised, in writing, of their entitlement to make an application for Subsidiary Protection in the State at the same time as they are being advised of the formal refusal of their asylum application. Any Subsidiary Protection application made is considered in strict accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

In the event that an application for Subsidiary Protection in the State is refused, the position in the State of the unsuccessful applicant is then determined by reference to the provisions of Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. At this point a decision is made as to whether that person should become the subject of a Deportation Order or if, instead, they should be granted leave to remain in the State.

It is not possible to provide a specific indication for the timeframe within which applications for Subsidiary Protection are determined. This is primarily because no two applications will be the same in terms of their complexity. However, the average processing time (Subsidiary Protection application date to Subsidiary Protection decision date) for Subsidiary Protection decisions made in 2009, to 31 August 2009, is just under eight months.

The various statistics requested by the Deputy are set out hereunder.

Year

No. of Subsidiary Protection applications received

2006 (10 Oct. to 31 Dec. 2006)

185

2007

1,341

2008

1,498

2009 (to 31 Aug. 2009)

1,381

Total

4,405

Year

Subsidiary Protection applications ‘granted’

2007

2

2008

7

2009 (to 31 Aug. 2009)

17

Total

26

Year

Subsidiary Protection ‘refused’

2007

97

2008

472

2009 (to 31 Aug. 2009)

466

Total

1,035

Court Procedures.

Finian McGrath

Ceist:

584 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [30223/09]

The Courts are, subject to the Constitution and the law, independent in the exercise of their judicial functions. Accordingly, I cannot comment or intervene in any way in relation to a particular case.

Visa Applications.

Finian McGrath

Ceist:

585 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if the case of a person (details supplied) will be supported. [30226/09]

I am pleased to inform the Deputy that the visa application referred to was approved following appeal and the visa issued on 6 August 2009.

Garda Operations.

Finian McGrath

Ceist:

586 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [30242/09]

I am informed by the Garda authorities that the area referred to is in the Clontarf Garda Sub-District. The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing and Garda Mountain Bike Units. A member of the local Community Policing Unit is allocated specifically to this area.

I am informed that the community Garda has been in contact with the residents of the area regarding their concerns relating to anti-social behaviour. They have been advised to contact An Garda Síochána if they have any further such concerns, and additional policing measures will be put in place, as appropriate, by local Garda management to reduce the incidence of such behaviour.

Current policing policy in the area is designed to address issues of crime and public order offences, including the prevention of crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of the quality of life of residents. This strategy is central to the delivery of a policing service to the area in question.

Residency Permits.

Bernard Allen

Ceist:

587 Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency in the case of a person (details supplied) in County Cork. [30246/09]

The person concerned applied for asylum on 19 December 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 20 November 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Finian McGrath

Ceist:

588 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [30261/09]

Finian McGrath

Ceist:

634 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [30906/09]

I propose to take Questions Nos. 588 and 634 together.

I am pleased to inform the Deputy that the person in question was recently registered by the Garda National Immigration Bureau and granted permission to remain in the State up to 7th July 2014 on the basis of her marriage to an Irish national. The permission granted allows the person in question to work in the State without the requirement of a work permit and to operate a business in the State without seeking further permission.

Deportation Orders.

Phil Hogan

Ceist:

589 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an appeal for a person (details supplied) in County Carlow; and if he will make a statement on the matter. [30279/09]

A Deportation Order was signed on 3rd August 2004 in respect of the person referred to by the Deputy. The person concerned was informed of this fact by letter dated 1st September 2004. Legal representatives for the person concerned submitted an application, received on 15th September 2008, to revoke the Deportation Order under section 3(11) of the Immigration Act 1999, as amended. Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned was notified of this decision. She was also advised to comply with her presentation requirements at the Garda National Immigration Bureau (G.N.I.B.). The person concerned is currently meeting the presentation requirements of the Garda National Immigration Bureau and is due to present again on 24/09/2009.

Garda Deployment.

Thomas P. Broughan

Ceist:

590 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of gardaí stationed at Coolock, Raheny, Howth, Swords, Ballymun and Clontarf Garda stations; and if he will make a statement on the matter. [30287/09]

I am informed by the Garda Commissioner that, as of the latest date for which figures are readily available, the personnel strength of the stations referred to by the Deputy was as set out in the table:

Coolock

Raheny

Swords

Ballymun

Clontarf

Howth

115

73

86

124

81

42

Caoimhghín Ó Caoláin

Ceist:

591 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of garda personnel who are qualified to carry out assessments of sex offenders. [30389/09]

Risk assessment of sex offenders is carried out in conjunction with the Probation and Welfare Service. At present there are fifty-six (56) members of An Garda Síochána, nationwide, trained in the risk assessment of sex offenders.

Civil Registration Legislation.

Caoimhghín Ó Caoláin

Ceist:

592 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the extent to which State recognises the self-identified gender of transgender children; the gender of post-operative transgender adults; and if he will make a statement on the matter. [30397/09]

I assume the Deputy is referring to the system of registration as operated under the Civil Registration Act 2004. Policy in the Act is a matter for the Department of Social and Family Affairs.

Sexual Offences.

Caoimhghín Ó Caoláin

Ceist:

593 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of sex offenders who entered the State from abroad in each of the past five years and notified the Garda under the Sex Offenders Act 2001, within the specified seven days; the number who breached this notification procedure; the action that was taken when the procedure was breached; and if he will make a statement on the matter. [30402/09]

Caoimhghín Ó Caoláin

Ceist:

600 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of sex offenders there are currently registered with the Garda. [30409/09]

I propose to take Questions Nos. 593 and 600 together.

The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. The Act makes persons convicted of a range of sexual offences subject to notification requirements under Part 2 of the Act. The provisions of the Act also extend to any offenders convicted abroad of the same range of sexual offences who enter the State.

I am informed by the Garda authorities that the table shows the number of such convicted sex offenders who have entered the State each year since 2004. Of the seven persons who failed to comply with the requirements under Part 2 of the Act, six are believed to have left the State, and one has been convicted of failing to comply with the reporting requirements. I am further informed that 1,093 persons were subject to the notification requirements of Part 2 of the Sex Offenders Act 2001, as of 8 September, 2009.

An Garda Síochána has a system in place for the monitoring of persons subject to these requirements. Its Domestic Violence and Sexual Assault Investigation Unit monitors and manages the notification provisions, and maintains all information relating to persons who have obligations under the Act. There is a nominated Garda Inspector in each Garda Division who has responsibility for the monitoring in their Division of persons subject to the requirements of the Act.

The number of sex offenders from abroad subject to Part 2 of the Sex Offenders Act 2001 who notified or failed to notify An Garda Síochána of their presence in the State for the years 2004-2008 and in 2009 up to 3 September

Year

Notified

Failed to Notify

2009*

7

1

2008

8

0

2007

17

2

2006

18

2

2005

13

1

2004

6

1

*Statistics provided are provisional operational and liable to change.

Victims Commission.

Caoimhghín Ó Caoláin

Ceist:

594 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the recommendations of the Future Structures and Services for Victims of Crime report which have not yet been implemented; the reason these recommendations have not yet been implemented; his plans to implement outstanding recommendations; and if he will make a statement on the matter. [30403/09]

The Commission for the Support of Victims of Crime submitted its Framework Document — Recommendations for Future Structures and Services for Victims of Crime to me in April, 2008. I accepted and implemented in full the recommendations made by the Commission in their Framework Document.

These included:

The establishment of the Victims of Crime Office, in September, 2008. This is an Executive Office of the Department of Justice, Equality and Law Reform which works to improve the continuity and quality of services to victims of crime, by state agencies and non-governmental organisations throughout the country. It supports the development of competent, caring and efficient services to victims of crime. It has a Director and its own staff;

The reconstitution of the Commission for the Support of Victims of Crime — with a role to distribute funding to groups working with crime victims, as well as providing general oversight of services and promoting awareness;

The setting up by the Commission of a Victims of Crime Consultative Forum, representing victims' interests. The second meeting of the Consultative forum will take place next week.

Work is ongoing in the Commission and in the Victims of Crime Office to ensure that services for victims of crime are available regionally.

Crime Prevention.

Caoimhghín Ó Caoláin

Ceist:

595 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the State and non-governmental organisations which are assisting the national office for the prevention of domestic, sexual and gender based violence in developing a strategy on violence concerning that office; and if he will make a statement on the matter. [30404/09]

Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, an executive office of my Department, is well advanced in the preparation of a National Strategy on Domestic, Sexual and Gender-based Violence. A wide range of State and non-governmental organisations dealing with such violence is assisting with the development of the national strategy. Those organisations responded to the call for submissions on the strategy and participated in subsequent rounds of consultations. The organisations include Government Departments, State offices and agencies as well as non-governmental organisations at national and local level which deal with victims of domestic and sexual violence.

The organisations which responded to the call for submissions are listed in the appendix to the report on the Summary of Submissions to Cosc, a link to which is in the National Strategy section of Cosc's website (www.cosc.ie). Progress on the preparation of the strategy is also outlined on the website. It is expected that work on the preparation of the national strategy will be completed as planned by the end of this year with a view to publication in early 2010.

Sex Offender Treatment Programme.

Caoimhghín Ó Caoláin

Ceist:

596 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of the 324 prisoners currently in custody under sentence for crimes of a sexual nature who have requested treatment for their offending behaviour but have not been able to access such treatments; and if he will make a statement on the matter. [30405/09]

Caoimhghín Ó Caoláin

Ceist:

598 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the amount of funding allocated to the treatment of sex offenders for each of the past six years; if this funding has been cut recently; the amount it has been cut by; and if he will make a statement on the matter. [30407/09]

Caoimhghín Ó Caoláin

Ceist:

599 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of female sex offenders currently in custody here; the treatment programmes available to them; and if he will make a statement on the matter. [30408/09]

I propose to take Questions Nos. 596, 598 and 599 together.

As the Deputy will be aware, on 22 April 2009 I announced a new policy on the management of sex offenders in prison. The policy document is available on the website of the Irish Prison Service (www.irishprisons.ie). The policy is aimed at bringing about changes in offenders’ lives that reduce risk of re-offending and enhance public protection. It forms an integral part of the wider range of interventions by criminal justice and community-based agencies.

In addition, a new programme of group interventions for sex offenders was introduced in January 2009. The programme, "Building Better Lives", allows more responsive and flexible delivery to a greater number of offenders than heretofore. The new treatment programme will ensure that all sex offenders serving sentences of one year or more will have access to appropriate treatment. This new programme replaced the Sex Offender Programme which ran from 1994 to 2008. Under that programme some 136 sex offenders completed what was an intensive eleven month programme. When fully operational the new programme will allow for interventions to take place with up to 60 offenders. Whilst it is too early to evaluate take-up of the new programme I am confident that we will achieve a significant level of voluntary take-up of the interventions offered.

Therapeutic interventions with sex offenders are delivered primarily through the Psychology Service of the Irish Prison Service. It is not possible to disaggregate the number of posts or funding specifically dedicated to sexual offending interventions. However, the resources allocated to the Psychology Service have been increased substantially in recent years. Between 2002 and 2008, the staffing complement increased from 8 to the current level of 21.

There is a comprehensive range of services available to sex offenders and any willing participant can be facilitated within the range of therapeutic interventions. These comprise notably one-to-one interventions, group interventions, community-based services and interventions available to prisoners generally. Interventions by community-based services in 2009 include motivational enhancement groups provided by the Granada Institute in the Midlands and Wheatfield prisons and interventions with young sex offenders provided by the Northside Inter-Agency Project (NIAP) in St Patrick's Institution. Sex offenders continue to benefit from other group programmes not specifically designed for sex offenders but addressing their needs. These include stress management, anger management and cognitive skills training. They also have access to visiting psychiatrists.

With regard to female sex offenders, there is currently one in custody. The small number at any one time does not allow delivery of group programmes such as the Exploring Better Lives programme but female offenders have access to the range of other interventions. The new Irish Prison Service sex offender policy, the increase in resources to the Psychology Service and the new group programme highlight the commitment of my Department and the Irish Prison Service to working with sex offenders. There are no plans to reduce this level of commitment.

The Probation Service, in partnership with the Granada Institute, runs the Lighthouse treatment programmes for sex offenders under Probation Service supervision. Currently there are three group programmes in operation. Two are based in Dublin and one in Cork. The programmes deal with offenders from all parts of the country. The Cork programme currently has attendees from Cork, Waterford, Louth, Tipperary and Kerry. The two Dublin programmes currently have attendees from Dublin, Monaghan, Mayo, Wexford, and Cavan. Each group programme has the capacity for eight offenders, giving a total of twenty four places.

In addition to the group work programmes and in response to specific needs, the Lighthouse programme offers a limited number of individual places for sex offender treatment. Currently there are seven sex offenders receiving individual sex offender treatment. There are therefore 30 sex offenders currently attending Lighthouse sex offender treatment programmes.

Funding to the Granada Institute for the Lighthouse Programme

Year

2004

300,000

2005

300,000 + 95,000*

2006

300,000

2007

300,000

2008

320,000

2009

395,000

*This was a once off payment to meet 2003 and 2004 deficit.

In 2005, at a cost of €10,000, the Probation Service commissioned Dr Sean Hammond and Dr Ethel Quoyle, Psychology Department U.C.C. to produce a practice manual and related training for Probation Officers supervising sex offenders in the community.

Sexual Offences.

Caoimhghín Ó Caoláin

Ceist:

597 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of convicted sex offenders who have breached the conditions of their post-release supervision orders for each of the past five years; and if he will make a statement on the matter. [30406/09]

Whilst the granting of post release supervision orders is entirely a matter for the Courts the supervision of those orders is the responsibility of the Probation Service of my Department. In that regard I can advise the Deputy that:

Section 28 of the Sex Offender Act, 2001 requires a Court to consider the inclusion of a period of post release supervision when sentencing an offender on conviction of a scheduled sexual offence under the Act.

Section 29(1) allows the Court to impose a sentence comprising of a sentence of imprisonment followed by a period after release during which the offender will be under the supervision of a probation officer. Section 29 also requires the offender to comply with any conditions of supervision specified in the sentence. The Probation Service records all Court orders made requiring the supervision of offenders sentenced under the Sex Offenders Act, 2001.

The following is the breakdown of the number of sex offenders who, over the last 5 years, were subject to post release supervision by the Probation Service.

Year

Number of Sex Offenders released onto supervision

2004

1

2005

8

2006

12

2007

20

2008

26

Total

67

To date 17 offenders have been released from custody onto supervision this year with a further 11 expected to be released onto supervision prior to the end of 2009.

Section 33 of the 2001 Act deals with non-compliance of the conditions of supervision as a summary offence prosecutable in the District Court. Section 33 was amended by Section 13(c)(4) of the Criminal Law (Human Trafficking) Act 2008, to allow for the prosecution of such a summary offence by a probation officer. To date, no offender has been convicted under Section 33 of the Sex Offenders Act, 2001 as amended.

I would add that in managing these cases Probation officers work closely with the Gardaí and other partner agencies to ensure the cooperation and compliance by the offender with supervision, in the interests of community safety. In conjunction with the Gardaí and others, Probation officers, by and large, successfully engage with the offenders concerned and ensure their compliance with supervision through ongoing motivation and monitoring.

Questions Nos. 598 and 599 answered with Question No. 596.
Question No. 600 answered with Question No. 593.

Caoimhghín Ó Caoláin

Ceist:

601 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the costs of the proposed electronic tagging of sex offenders; and if he will make a statement on the matter. [30410/09]

I published a detailed Discussion Document on the management of convicted sex offenders last January which, inter alia, puts forward the possibility of using GPS electronic monitoring technology to monitor higher risk convicted sex offenders for the first 6 months following the completion of their prison sentences and their release back to the community. There was a consultative process following the publication of that document and I am now considering the views expressed as part of that consultative process.

At the same time I announced the establishment of a Project Board, led by the Probation Service, to examine specific possibilities as well as the implementation of electronic monitoring (EM) more generally in this jurisdiction. I received an interim report from the Project Board in June which recommended that a pilot project be initiated in order to test EM technology in this jurisdiction and assess its value for money in the management of offenders. I await the final report from the Board — which is due shortly — and which will inform the decision(s) on using EM technology here for a pilot period.

With regard to the cost, detailed costings will only become known once a tender process has been completed and evaluated for best value for the taxpayer. The Deputy can rest assured that I will balance the cost to the public purse against the added value for offender management generally and ultimately the benefits for public safety.

Garda Deployment.

Caoimhghín Ó Caoláin

Ceist:

602 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of members of the Garda who are tasked to the domestic violence and sexual assault unit; the annual budget allocated to this unit; and if he will make a statement on the matter. [30411/09]

I am informed by the Garda authorities that the Domestic Violence and Sexual Assault Investigation Unit is a section under the remit of D/Chief Superintendent, National Bureau of Criminal Investigations within National Support Services. At present thirteen members of An Garda Síochána, with three civilian support personnel, are allocated to the DVSAIU to offer expert guidance and support to Divisional and District Garda personnel tasked with the investigation of sexually-related investigations. There is no separate budget allocated for duty associated with the work of personnel allocated to this specialist unit.

Juvenile Offenders.

Caoimhghín Ó Caoláin

Ceist:

603 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of children under 18 years who are accommodated in a section (details supplied) in St. Patrick’s Institution; and if he will make a statement on the matter. [30412/09]

I wish to advise the Deputy that, on 14 September 2009, there were 9 young offenders under 18 years accommodated on the D Division in St. Patrick's Institution. St Patrick's Institution is the designated detention centre for young male offenders aged between 16 and 21 years of age. In the long term the Irish Youth Justice Service will take responsibility for the detention facilities for all boys under 18 years.

In the interim the separation of children and young adults in St. Patrick's Institution has taken place in so far as is possible given the physical limitations of the St. Patrick's site. The Special School (B Division) was opened in April 2007 specifically for this purpose. It has a bed capacity of 44 and is self contained. Inmates aged 16 and 17 now have a residential area, communal dining area, and education, work training and recreational areas that are separate from young adults. This has created a separate and enhanced regime for them.

When the number of such prisoners exceeds 44, priority is given to the 16-year-olds. Those 17-year-olds who cannot be accommodated in the Special School are accommodated in the drug-free D Division of the main institution. A small number of 17-year-olds are kept in the young adult part of the institution because of their specific individual needs. These include sex offenders and vulnerable inmates who for their own protection are accommodated separately.

In March 2008, the Government approved the development of new national children detention facilities on the Oberstown campus near Lusk, Co. Dublin. This facility will accommodate all under 18 year olds who have been ordered to be detained by the Courts. The project is currently at the design stage and it is expected that the tendering process for construction should take place in 2010. Construction is expected to be undertaken in phases with the first phase scheduled to be completed by 2012. On completion of the first phase it is anticipated that any 16 or 17 year old male ordered to be detained by the Courts will no longer be detained in facilities under the aegis of the Irish Prison Service. The Deputy will be aware, however, that tendering for the construction of the new facilities will be subject to Government approval and to the necessary funding being made available.

Sexual Offences.

Caoimhghín Ó Caoláin

Ceist:

604 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his Department keeps records of recidivism rates of persons convicted of sex offences; and if he will make a statement on the matter. [30413/09]

My Department does not keep records of recidivism rates of persons convicted of offences. Recidivism rates are typically established through one-off studies of samples of offenders based on individual records of imprisonment, conviction or offending. The Irish Prison Service keeps records of periods in custody for every prisoner which allow calculation of re-imprisonment rates by type of offence, including sex offences. However, these do not allow calculation of a comprehensive rate of re-offending that includes non-custodial sentences.

Recently, my Department funded an independent study by UCD of the sex offender programme run by the Irish Prison Service between 1994 and 2008. This examined re-offending rates of a sample of 248 sex offenders based on prison and Garda records. It found a re-offending rate of 8.1 percent for sexual offending over an average of 6.2 years.

Caoimhghín Ó Caoláin

Ceist:

605 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of sex offenders who have been released for each of the past five years who have not been assessed before their release in order to identify the level of supervision and regulation needed; and if he will make a statement on the matter. [30414/09]

I can inform the Deputy that the Probation Service Protocols for the management of sex offenders on supervision in the community (2004) set out procedures for effective supervision of sex offenders following their release from custody. Assessment is an aspect of that practice. The procedures include a notification of release to the relevant Child Care Manager within the HSE. Contained in the following table is the breakdown of the number of sex offenders who, over the last 5 years, were subject to post release supervision by the Probation Service:

Year

Number of Sex Offenders released onto supervision

2004

1

2005

8

2006

12

2007

20

2008

26

Total

67

To date seventeen offenders have been released from custody onto supervision this year with a further eleven expected to be released onto supervision prior to the end of 2009.

The widescale use of a static risk assessment instrument, Risk Matrix 2000 (RM 2000) in assessments has commenced this year. However, since March 2008, the combination of RM 2000 and SA 2007 assessments (a dynamic risk assessment, Stable and Acute 2007) has been used with a limited number of offenders. These offenders were identified as posing particular concerns about risk and the majority were identified prior to release from custody onto probation supervision. To date approximately 60 such assessments have been completed.

Of the first 44 assessments completed by June 2009, 22 (50%) had been completed on offenders either prior to or immediately following release from custody onto supervision. The remaining 22 had been completed on offenders at the pre-sentence report stage or were already on supervision in the community. Once implemented nationally in 2010 the RM 2000 will guide the level of intervention and regulation required and the SA 2007 will guide the nature of that intervention.

Caoimhghín Ó Caoláin

Ceist:

606 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he has established a dedicated interview room in a Garda station in each Health Service Executive region exclusively for victims of sexual crime; the locations of interview rooms allocated for this purpose; and if he will make a statement on the matter. [30420/09]

Charles Flanagan

Ceist:

755 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the status of the report of a working group on the admissibility of video evidence in court; and if he will make a statement on the matter. [31409/09]

I propose to take Questions Nos. 606 and 755 together.

I am informed by the Garda authorities that, given the need for sensitivity and confidentiality surrounding sexual crimes, there is a clear advantage from an investigative perspective both for An Garda Síochána and victims of such crimes in conducting interviews away from Garda stations. Dedicated victim interview suites have been established in a number of locations throughout the country and are used by An Garda Síochána to take video recordings of statements from victims of sexual crime. The suites are not attached to Garda Stations, and it would not be appropriate for reasons of confidentiality to give precise details of their locations.

Sex Offender Treatment Programme.

Caoimhghín Ó Caoláin

Ceist:

607 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of centres that provide treatment services to sex offenders in the community; their geographic locations; the number of offenders attending each centre; and if he will make a statement on the matter. [30427/09]

I can inform the Deputy that the Probation Service deals with sex offenders referred by the Court following a guilty finding or plea to a specific sex offence or offences. To assist in its supervision of sex offenders the Probation Service, in partnership with the Granada Institute, runs the Lighthouse treatment programmes for sex offenders under its supervision. Currently there are three group programmes in operation. Two are based in Dublin and one in Cork. The programmes deal with offenders from all parts of the country. The Cork programme currently has attendees from Cork, Waterford, Louth, Tipperary and Kerry. The two Dublin programmes currently have attendees from Dublin, Monaghan, Mayo, Wexford, and Cavan.

Each group programme has the capacity for eight offenders, giving a total of twenty four places. Currently there are seven offenders attending the Cork programme and eight attending each of the two Dublin based programmes, giving a current total of twenty three offenders nationally attending Lighthouse group treatment programmes. For reasons of efficiency and responsivity the programmes run on a rolling group basis, taking in new participants following assessment of suitability and as vacancies arise when others complete treatment. An eighth offender is expected to join the Cork programmes in the next week or two.

In addition to the group work programmes and in response to specific needs, the Lighthouse programme offers a limited number of individual places for sex offender treatment. Currently there are seven sex offenders receiving individual sex offender treatment. There are therefore 30 sex offenders currently attending Lighthouse sex offender treatment programmes.

In addition to the Lighthouse treatment programmes, individual offenders on supervision may attend for sex offender treatment with individual therapists or at privately run centres such as the Granada Institute or centres such as Cosc in the North West run by the Health Service Executive.

Sexual Offences.

Caoimhghín Ó Caoláin

Ceist:

608 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform his plans for an all-Ireland strategy which would protect the public, adults and children from sexual harm by providing funding for evidence based services for those who have perpetrated either convicted or unconvicted sexual abuse; and if he will make a statement on the matter. [30429/09]

I can inform the Deputy that under the Intergovernmental Agreement on North South Co-operation on Criminal Justice Matters of 2005, a cross border justice committee, the Public Protection Advisory Group, has been established to promote public safety on an all island basis. The committee is jointly chaired by the Directors of the Probation Services of the two jurisdictions. One of the priority targets of this group for 2009 is the introduction of all island system for the assessment of sex offenders. Best practice indicates that different jurisdictions as well as different agencies within jurisdictions should use the same risk assessment instruments so as to support effective communication. This initiative is led within this jurisdiction by the Probation Service and An Garda Síochána. To ensure close collaboration, there is a cross jurisdictional representation on the appropriate lead committees.

Furthermore, in 2006, Ireland and the UK, including Northern Ireland, signed a Memorandum of Understanding to share information on persons travelling between this jurisdiction, Northern Ireland and the UK and who are subject to sex offender notification requirements in their own jurisdiction. This is for the purposes of the protection of the public from the risks presented by sex offenders and the investigation of serious sexual offences and covers any information necessary to achieve these purposes.

Subsequently, in 2008 An Garda Síochána and the PSNI signed an agreement on the sharing of personal data in relation to the investigation of sexual offences and the monitoring of sex offenders, which formalised the exchanges of information which had always taken place.

The Probation Service is working closely with An Garda Síochána and has completed initial training in a static risk assessment instrument, Risk Matrix 2000 (RM 2000). This will be coupled with a dynamic risk assessment, Stable and Acute 2007 (SA 2007). The combination of RM2000 and SA 2007 is the sex offender risk assessment system currently used by Probation and Police services in Northern Ireland, Scotland and in various parts of England and Wales.

The RM 2000 is a static risk assessment instrument designed to estimate the likelihood of sexual or non-sexual violent re-offending amongst convicted sex offenders over the following five, ten and fifteen year periods. The instrument has been extensively used across the United Kingdom since 2000 and was validated in 2008 by the Scottish Executive, based on a population of 1000 convicted sex offenders. The Probation Service and An Garda Síochána have in 2008/9 undertaken a programme of staff training in the RM 2000 instrument. The instrument is currently being applied to sex offenders under the supervision of the Probation Service and subject to the Garda notification requirements.

SA 2007 is a dynamic sex offender risk assessment instrument. This dynamic instrument is responsive to the current risks posed by individual sex offenders. Further, it identifies key risk factors relevant to the particular individual so that risk management strategies can be more individually targeted. It also provides a warning system for imminent relapse. Training for an appropriate number of Probation staff in the application of this instrument is scheduled later this year.

In addition to the evidence based sex offender risk assessment instruments, Probation Officers supervising offenders in the community are encouraged to use evidence based approaches to their interventions. In 2005 the Probation Service commissioned Dr Sean Hammond and Dr Ethel Quoyle, Psychology Department U.C.C. to produce a practice manual and related training for Probation Officers supervising sex offenders in the community.

I should also advise that the Lighthouse sex offender treatment programme funded by my Department through the Probation Service which is currently dealing with thirty sex offenders under Probation supervision uses the Good Lives Model (Tony Ward) as the key component in its therapeutic interventions with offenders.

Caoimhghín Ó Caoláin

Ceist:

609 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform when he will introduce specific legislation covering date rape as per the commitment in the Programme for Government 2007 to 2012; and if he will make a statement on the matter. [30430/09]

In light of the commitments in the Programme for Government, 2007 — 2012, to introduce legislation in relation to various aspects of the criminal law, the question of introducing a specific legislative provision covering the issue of ‘date rape' continues to be examined.

It should be pointed out that the administering of substances which have certain effects, by one person to another against their will or without their knowledge, is a matter which is already the subject of legislative provision. The Deputy's attention is drawn to the provisions of section 12 of the Non-Fatal Offences Against the Person Act 1997 which provides that it is an offence for a person, intentionally or recklessly, to administer or cause another to take, a substance which he or she knows is capable of interfering substantially with that other person's bodily functions, where he or she knows that the person does not consent to that action taking place. The section also provides that a substance capable of inducing unconsciousness or sleep is deemed capable of interfering substantially with bodily functions.

Judicial Appointments.

Enda Kenny

Ceist:

610 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the number of representations he has received in relation to judicial appointments to the District, Circuit, High and Supreme Court each year since 1995 to date in 2009; the number of persons about whom a representation was made or received who was subsequently appointed to the Judiciary; the court to which they were appointed; and the year of their appointment. [30481/09]

Since 1995, Governments have been advised on the suitability of candidates for judicial office by the Judicial Appointments Advisory Board (JAAB) which was established for that purpose under the provisions of the Court and Court Officers Act 1995. The Board consists of the Chief Justice, the President of the High Court, the President of the Circuit Court, the President of the District Court, the Attorney General, a practising barrister nominated by the Bar Council, a practising solicitor nominated by the Law Society and not more than 3 persons nominated by the Minister.

Section 17 of the 1995 Act specifies that serving judges are not subject to the JAAB procedure. Except in the case of serving judges, all candidates are considered by the Board. It should be noted that the Board publishes an annual report on the number of vacancies considered and lists the names of the persons who have been appointed to judicial office following recommendations by the Board.

Since 1995 a total of 151 persons have been nominated by Government for appointment by the President. Records of representations received are only readily available since 1997. Since then, a total of 42 representations have been received by the Minister of the day on behalf of persons who wish to be nominated to the judiciary. In total since 1997, 4 persons on behalf of whom representations were made were nominated for appointment following recommendation by the Board. Details are set out in the following tables.

Judicial Appointments 1995-2009

Supreme Court

Apptmts. Made

Reps. received

No. of Reps received on behalf of successful candidates

1995

0

*

*

1996

4

*

*

1997

1

0

0

1998

0

0

0

1999

1

0

0

2000

4

0

0

2001

0

0

0

2002

1

0

0

2003

0

0

0

2004

1

0

0

2005

1

0

0

2006

1

0

0

2007

0

0

0

2008

0

0

0

2009

0

0

0

Total

14

0

0

High Court

Apptmts. Made

Reps.received

No. of Reps. received on behalf of successful candidates

1995

2

*

*

1996

6

*

*

1997

3

0

0

1998

3

0

0

1999

3

0

0

2000

4

0

0

2001

0

1

0

2002

5

0

0

2003

3

0

0

2004

5

0

0

2005

1

0

0

2006

4

0

0

2007

7

0

0

2008

2

0

0

2009

0

0

0

Total

48

1

0

Circuit Court

Apptmts. Made

Reps. received

No. of reps. received on behalf of successful candidates

1995

1

*

*

1996

9

*

*

1997

4

0

0

1998

3

2

0

1999

1

0

0

2000

1

1

1

2001

4

6

1

2002

6

1

0

2003

0

0

0

2004

5

4

0

2005

0

2

0

2006

1

1

0

2007

6

3

0

2008

0

0

0

2009

0

0

0

Total

41

20

2

District Court

Apptmts. Made

Reps. received

No. of reps. received on behalf of successful candidates

1995

3

*

*

1996

3

*

*

1997

2

0

0

1998

5

0

0

1999

4

7

0

2000

2

2

0

2001

3

5

0

2002

5

1

1

2003

1

0

0

2004

2

4

0

2005

4

3

0

2006

3

1

0

2007

6

2

1

2008

4

5

0

2009

1

0

0

Total

48

30

2

*The information requested for 1995 and 1996 by the Deputy is not readily available and could only be obtained by the expenditure of a disproportionate amount of staff time and resources.

Asylum Support Services.

Pat Breen

Ceist:

611 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform his views regarding the closure of the Clare Lodge in Ennis, County Clare; and if he will make a statement on the matter. [30494/09]

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. At the end of August 2009, RIA was accommodating 6,815 in 55 centres across 21 counties, including the accommodation centre at Clare Lodge, Ennis, Co. Clare.

RIA's current contract with Clare Lodge ends on 29 September, 2009 and RIA has chosen not to renew it. The non-renewal does not come about because of any concerns of RIA about performance of the contract. Rather, the closure comes about following a necessary review by RIA as to how it can reconcile its anticipated accommodation demands with the limited financial resources it has. As part of the logistical operation of effecting the closure of the accommodation centre, residents are being transferred to other centres within the RIA accommodation portfolio. This has had to be phased over several weeks and it was not always feasible to give residents as much advance notice of their new centres as would normally be possible were a closure not involved.

Pat Breen

Ceist:

612 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the cost of renting the 49 privately owned and operated centres by the Reception and Integration Agency for the past three years; and if he will make a statement on the matter. [30495/09]

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. At the end of August 2009, RIA was accommodating 6,815 in 55 centres across 21 counties. Since April 2000, the RIA has provided accommodation for over 53,000 asylum seekers.

The 55 centres in the RIA portfolio consist of 49 direct provision centres, 4 self-catering centres and 2 reception centres the day to day management of all 55 centres is carried out by private companies under contract to RIA. Seven of the centres are state owned, i.e. the land and buildings are owned by the State, while the remaining 48 centres are commercially owned. 85% of all bed capacity is located within the commercially owned centres.

In fulfilling its general accommodation responsibilities, the RIA does not lease or rent premises from commercial contractors. Rather it ‘contracts-in' a comprehensive range of services, which include accommodation, catering, management, housekeeping, laundry, etc., for a fixed period of time. RIA regularly places newspaper advertisements seeking expressions of interest from those who are capable of providing this range of services. The last such advertisement was in February, 2009. No newcomers are prevented from coming into the market. The RIA endeavours to achieve the best value for money in relation to such contracts, in respect of which negotiations can take place with a number of commercial entities.

The financial outturn of RIA for the last three years is outlined in the following table:

Year

No. of Centres

No. of asylum seekers

Total expenditure

€m

2006

54

5,489

78.728

2007

63 (includes Programme Refugee Centre)

6,625

83.262

2008

60 (includes Programme Refugee Centre)

7,002

91.472

The total expenditure above includes additional transport costs, utility (gas, electricity, water etc.) costs in respect of the seven State owned centres, recoupment of accommodation costs to the HSE in respect of unaccompanied minors, and other miscellaneous costs. Specifically in respect of the privately owned and operated centres, an estimate of the total costs paid for each of the last three years is: 2006 — €66.92m; 2007 — €70.77m; 2008 — €77.71m.

In this regard, the Deputy should note that on 21 October, 2008 the Government agreed to a new round of Value For Money (VFM) reviews for the period 2009-2011. One of the expenditure programmes on the Vote of the Office of the Minister for Justice to be the subject of such a review is the spending by RIA on asylum seeker accommodation. As with all such VFM reviews, it has a steering committee, comprising officials from my Department and the Department of Finance and an independent Chairperson. The review is currently under way and is nearing completion. The result of this VFM review will be presented to the Oireachtas upon completion.

Liquor Licensing Laws.

Caoimhghín Ó Caoláin

Ceist:

613 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he has received a response to his letter to the Minister for Social Development in Northern Ireland, as per Parliamentary Question No. 289 of 28 April 2009, suggesting the possibility of a joint North-South initiative to tackle alcohol promotions; the views of that Minister to such a proposal; and if he will make a statement on the matter. [30516/09]

The Minister for Social Development in Northern Ireland has responded positively to my request for a meeting to discuss a possible joint North-South initiative to tackle alcohol promotions and arrangements for such a meeting are being made at present.

Caoimhghín Ó Caoláin

Ceist:

614 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he has received and will publish the first report on the implementation of the new voluntary Code of Practice On The Display And Sale Of Alcohol Products In Mixed Trading Premises; and if he will make a statement on the matter. [30517/09]

Caoimhghín Ó Caoláin

Ceist:

615 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the National Off-Licence Association and its evidence that a number of supermarkets were openly flouting the new voluntary Code of Practice On The Display And Sale Of Alcohol Products In Mixed Trading Premises; if he has investigated these claims; and if he will make a statement on the matter. [30518/09]

I propose to answer Questions Nos. 614 and 615 together.

The position is that a new body — Responsible Retailing of Alcohol in Ireland (RRAI) — has been established by the mixed trading sector to oversee implementation and verification of compliance with the Code of Practice on the sale and display of alcohol products in mixed trading outlets. The sector has appointed Mr Padraig White as Chairperson of RRAI and I expect to receive the first implementation and verification report from him later this month. I understand that this report will contain details of the progress made in implementing the Code across the mixed trading sector as well as action taken in response to specific complaints, including those made by the National Off-Licence Association (NOffLA). I intend to publish the report on my Department's web site in due course.

Asylum Applications.

Tom Hayes

Ceist:

616 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in County Tipperary who has applied for family reunification in respect of their five children. [30577/09]

I refer the Deputy to my answer to his previous Parliamentary Question. I am informed by the Irish Naturalisation and Immigration Service (INIS) that a letter has recently issued to the person in question requesting him to provide additional documentation. The application of the person in question will be considered further on receipt of the requested documentation.

Visa Applications.

Finian McGrath

Ceist:

617 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied) in Dublin 9. [30579/09]

I am pleased to inform the Deputy that the visa application referred to was approved following appeal on the 3 September 2009.

Proposed Legislation.

Joe Costello

Ceist:

618 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform when he will introduce legislation to amend section 13 of the Criminal Law (Insanity) Act 2006 to ensure that patients in the Central Mental Hospital are discharged when they are fit to be discharged and that their rights to liberty are not being denied; and if he will make a statement on the matter. [30667/09]

A bill to amend section 13 of the Criminal Law (Insanity) Act 2006 is currently being drafted in the Office of the Parliamentary Counsel. The Bill will provide that enforceable conditions can be applied where a person detained in the Central Mental Hospital in accordance with the Criminal Law (Insanity) Act 2006 is granted conditional release by the Mental Health (Criminal Law) Review Board. It is expected that drafting will be completed this Autumn with a view to publication and progress through the Houses of the Oireachtas shortly thereafter.

Road Traffic Offences.

Thomas P. Broughan

Ceist:

619 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he will report on the inclusion of the offence of a learner driver driving without a qualified accompanying driver and L plates on the Garda PULSE system; the number of offences of this nature that have been recorded by An Garda Síochána since its inclusion on the PULSE system; the further number of Garda stations which do not have the PULSE system in place; the percentage of the total number of Garda stations this represents; the reason there is an ongoing delay with the full roll-out of PULSE to all Garda stations; the amount that has been paid to consultants over the past ten years for the establishment and introduction of the PULSE system; and if he will make a statement on the matter. [30681/09]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and that office has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Regarding the PULSE system I am informed by the Garda authorities that the number of Garda stations on the PULSE network has been increased to 347 locations including all Divisional, District Headquarters and Garda stations operating on a 24 hour basis. This equates to approximately half (49.4%) of the total number of 703 Garda locations nationwide, and over 85% of all incidents are captured at these locations.

There is no ongoing delay with the rollout of PULSE to all Garda Stations. Indeed, it was never envisaged by Garda Authorities that PULSE would be available at every location. The extension of the PULSE system to additional locations is reviewed on an ongoing basis by Garda management and additional stations are added to the network on a case by case basis as and when business requirements dictate. The Deputy will also be aware that the Garda Information Services Centre (GISC), which is based in Castlebar, allows Gardaí from both networked and non-networked stations to log the information over the telephone with the GISC without the need to return to their station, thus releasing Garda resources for visible, frontline policing across our communities.

The total development cost of the PULSE project was €61.3 million and covers the period up to the final release of the system which was rolled out in 2001. In addition, the annual maintenance and upgrade costs for PULSE from 2001 to the end of 2006 totalled €64.39 million. By way of background, the figure of €64.39m above includes replacement of the Pulse hardware and major upgrades to the PULSE software as part of the Garda Pulse stabilisation programme which was completed in 2006. In addition, a range of upgrades and modifications have been carried out to the system to support changes arising from new legislation, additional functionality etc. It also includes costs associated with the extension of the PULSE system to new locations and to the set-up of the Garda Information Services Centre (GISC) in Castlebar and the Vetting Unit in Thurles. Contractor costs totalled approximately €40m while €10m was spent on hardware along with €14m for various software licences.

Following the completion of PULSE stabilisation and a programme of maintenance and hardware upgrades in 2006, PULSE was integrated with the Garda National Immigration Bureau Information System (GNIB-IS) and the Fixed Charge Processing System (FCPS) and other niche systems to form a new combined IT system to be referred to as the Garda Information System (GIS). For this reason, from 2007 onwards it is not possible to identify any expenditure specific to PULSE as all maintenance and upgrade work is carried out on the GIS as opposed to individual IT systems.

Proposed Legislation.

Richard Bruton

Ceist:

620 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform his plans to ratify the UN protocol to prevent human trafficking; if there is a need to update Irish law in this respect; and if he will make a statement on the matter. [30708/09]

The Deputy's Question is understood to refer to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention Against Transnational Organised Crime.

The enactment of the Criminal Law (Human Trafficking) Act 2008 which came into effect on 7 June 2008 brought Ireland into compliance with the criminal law/law enforcement elements of the Protocol. Other aspects of the Protocol are being implemented administratively in the context of the National Action Plan to Prevent and Combat Trafficking of Human Beings in Ireland — which was published on 10 June this year — and through engagement with the Governmental and non-governmental organisations in this area.

However, it will be necessary to ratify the United Nations Convention against Transnational Organised Crime prior to ratification of the Protocol. The necessary legislation is contained in the Criminal Justice Act 2006 as recently amended by the Criminal Justice (Amendment) Act 2009. However one further aspect of the Convention requires legislation i.e. establishing jurisdiction over money laundering offences. The necessary provision is included in the Criminal Justice (Money Laundering) Bill which was published on 28 July 2009.

Garda Training.

Dan Neville

Ceist:

621 Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform the training of probationary and full-time members of An Garda Síochána on suicide prevention and postvention. [30722/09]

I have been informed by the Garda Commissioner that training in relation to suicide is incorporated into Student Garda training during both Phase I and Phase III of the Student Garda training programme and has been provided to full-time members in certain modules of the Continuous Professional Development Core Programme. The lectures and classes undertaken by Student Gardaí provide an overview of suicide and allow students to take part in role play situations that will prepare them for dealing with such occurrences. Numerous lectures and classes are dedicated to this topic and trainees are taught how to respond to specific situations and engage with those who are or may be suicidal.

Departmental Programmes.

John O'Mahony

Ceist:

622 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform if he will make funding available for community alert schemes; and if he will make a statement on the matter. [30736/09]

The Community Alert Programme is a community-based initiative in rural communities, set up in 1985 by Muintir na Tíre in association with the Garda authorities. The Programme is dedicated in particular to improving the quality of life of vulnerable people in rural communities, especially the elderly, by:

crime prevention

neighbourliness and self-reliance

general community safety and well-being

accident prevention

promotion of personal safety, and

awareness of social inclusion.

I regard the work of Community Alert as very important. In recent years my Department has provided funding to Muintir na Tíre for the Community Alert Programme of €150,000 in 2004, €120,000 in 2005, €175,000 in 2006, €200,000 in 2007, €200,000 in 2008 and €100,000 to date in 2009. Funding is also provided by the Health Service Executive. The funding covered the costs associated with running the Programme, including salaries, travel and subsistence, staff training and administration. Funding is not provided directly by my Department to schemes, but resource material, including booklets, stickers and survey and related material, is provided by An Garda Síochána, in addition to advice.

Departmental Expenditure.

John O'Mahony

Ceist:

623 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the amount of legal aid paid to solicitors in each court area here for 2006, 2007, 2008 and to date in 2009 in tabular from; and if he will make a statement on the matter. [30737/09]

As the Deputy will be aware, separate arrangements exist in respect of Criminal and Civil Legal Aid. I can inform the Deputy that the amount of Criminal Legal Aid paid to solicitors in each court area for 2006, 2007, 2008 and to date in 2009 is set out in tabular form.

Criminal Legal Aid Fees Paid to Solicitors

2006

2007

2008

Jan-Aug 2009

Central Criminal Court

1,649,961

1,536,005

1,507,810

1,246,137

Children’s Court

0

0

0

0

Circuit Monaghan

35,980

69,917

61,852

36,748

Circuit-Carlow

35,519

113,513

57,272

84,462

Circuit-Cavan

43,110

44,435

91,811

50,022

Circuit-Clare

115,718

112,618

235,683

122,992

Circuit-Cork

646,356

875,854

1,109,781

655,803

Circuit-Donegal

92,580

171,122

197,484

206,392

Circuit-Dublin

3,457,276

3,931,610

4,071,767

3,277,228

Circuit-Galway

91,920

132,039

123,230

97,934

Circuit-Kerry

167,212

196,647

167,990

130,639

Circuit-Kildare

169,470

213,533

290,244

204,012

Circuit-Kilkenny

89,027

62,819

148,950

63,812

Circuit-Laois

63,432

85,339

71,343

67,738

Circuit-Leitrim

12,891

13,096

34,766

24,984

Circuit-Limerick

312,330

321,132

483,291

311,392

Circuit-Longford

14,889

33,021

41,516

36,427

Circuit-Louth

73,379

95,212

142,333

125,255

Circuit-Mayo

75,661

75,734

103,493

103,064

Circuit-Meath

95,202

144,841

163,166

113,716

Circuit-Offaly

22,327

12,579

45,919

26,805

Circuit-Roscommon

37,639

76,320

112,436

68,884

Circuit-Sligo

102,270

109,087

79,625

63,033

Circuit-Tipperary

149,809

188,222

223,317

170,719

Circuit-Waterford

173,101

184,332

292,906

239,220

Circuit-Westmeath

40,899

139,011

99,988

92,159

Circuit-Wexford

68,057

88,492

177,273

113,449

Circuit-Wicklow

152,801

161,418

144,756

147,836

Court of Criminal Appeal

549,392

427,853

412,337

384,606

District-Carlow

138,328

82,006

101,332

87,444

District-Cavan

190,369

247,882

454,851

444,039

District-Clare

177,689

215,530

384,358

259,019

District-Cork

1,491,067

1,677,197

2,246,341

1,301,762

District-Donegal

193,030

151,813

336,138

331,650

District-Dublin

8,876,531

9,778,087

10,597,864

8,493,974

District-Galway

369,274

431,873

578,413

443,460

District-Kerry

187,180

196,486

264,575

228,097

District-Kildare

195,854

118,124

297,173

210,820

District-Kilkenny

82,590

117,700

139,863

90,615

District-Laois

106,055

138,256

182,193

136,245

District-Leitrim

9,822

33,795

37,340

30,659

District-Limerick

1,044,867

1,123,769

1,397,040

829,227

District-Longford

124,416

164,873

234,321

155,237

District-Louth

140,971

325,132

308,230

269,208

District-Mayo

97,199

73,842

123,502

107,470

District-Meath

164,182

156,927

266,572

230,213

District-Monaghan

166,684

170,534

243,748

154,894

District-Offaly

225,444

221,267

263,640

174,761

District-Roscommon

58,157

69,518

121,870

68,795

District-Sligo

140,879

130,694

175,707

132,518

District-Tipperary

300,074

258,272

456,247

277,998

District-Waterford

190,768

256,462

425,209

466,039

District-Westmeath

284,701

262,863

421,402

307,628

District-Wexford

174,673

177,245

289,803

273,761

District-Wicklow

278,903

265,858

419,478

303,743

High Court — Dublin

0

0

0

2,491

L/Aid Detainees in Gda Stns — Connaught

25,926

33,401

41,027

39,258

L/Aid Detainees in Gda Stns — Dublin Only

243,022

307,589

324,842

289,201

L/Aid Detainees in Gda Stns — Leinster ex Dub.

37,398

44,960

60,346

49,969

L/Aid Detainees in Gda Stns — Munster

77,337

103,361

118,040

94,816

L/Aid Detainees in Gda Stns — Ulster

18,840

15,218

22,507

13,243

Special Criminal Court

184,139

63,961

93,478

109,353

Supreme Court

20,073

25,018

173,224

9,413

Grand Total

24,554,651

27,055,313

32,293,018

24,682,488

The State, through the Legal Aid Board, also provides a comprehensive scheme of Civil Legal Aid for persons of modest means. In the time available it has not been possible to compile the detailed statistical information in the format requested by the Deputy in respect of Civil Legal Aid. I will communicate further with him when the information sought is to hand.

Drug Treatment Programme.

John O'Mahony

Ceist:

624 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Questions Nos. 181 of 25 February 2009 and 190 of 1 July 2009, if he has received the proposal; the decision he has reached; and if he will make a statement on the matter. [30738/09]

Denis Naughten

Ceist:

635 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will report on a proposal regarding a facility (details supplied) in County Roscommon; the steps being taken to re-open the facility; and if he will make a statement on the matter. [30909/09]

Frank Feighan

Ceist:

721 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform the position in relation to the progress on Harristown House, Castlerea, County Roscommon; and when it is envisaged it will re-open. [31245/09]

I propose to take Questions Nos. 624, 635 and 721 together.

I have already set out the background to the closure of the Harristown House facility on numerous occasions in this House but perhaps it is worth repeating that the overall conclusion of the independent review into this facility was that the centre was in crisis. There were serious indications (e.g. HR, financial and quality of service) that the organisation had become dysfunctional the results of this review indicated that the organisation as it currently stood was no longer viable. In addition there were concerns expressed over the quality of care and rehabilitation. When the details of the report were brought to the attention of the Board of Management of the limited company which ran the facility they too shared the concerns raised in the report and they took the unanimous view that the preferred course of action was to close down the facility, take time to reflect on the learning and develop a vision and plan for a new way forward.

The Probation Service of my Department works daily with communities across the country supporting and mentoring its core client group to stay away from crime but it is not a primary drug treatment service provider. That said, in the 1970s, at a time when State and voluntary addiction services were limited and particularly difficult to access for offenders, the Probation Service initiated the provision of funding to support or develop services for offenders to fill an identified gap in services for this distinct client grouping.

Deputies will, I am sure, acknowledge that there has been significant development in HSE addiction services as well as other services over the past twenty years. This includes the development of harm reduction policies and practices and a range of enhanced options and provision, with improved access generally. The HSE is now established as the principal provider and funding body of medical and non-medical addiction services for both illicit drug and alcohol use delivered through its Social Inclusion Services.

Of course, the Probation Service does recognise that addiction is a contributory factor in re-offending and that investment in addiction services to meet specific criminal justice needs may be necessary in certain specific circumstances. For that reason, the Probation Service currently provides funding to 19 addiction centres nationally to address specific addiction treatment needs. The funding commitment in 2009 to this group of addiction centres is €1,978,000. This funding allows for the provision of 384 programme places, as well as some counselling on demand in both prisons and the community as well as support and aftercare programmes. Probation Service management information indicates that this level of provision is sufficient in meeting requirements over and above HSE and other addiction services provision.

I should add that the Probation Service is currently reviewing its arrangements for the funding of drug treatment places. To that end the Service, in the interests of better coordination and integrated provision, is working closely with the HSE. The primary intention of this collaboration with the HSE is to bring about greater co-operation, co-ordination and to clarify appropriate tasks and roles with the aim of delivering effective, efficient client centred services that best protect the public purse.

Turning to the proposals received from the Probation Service in relation to the setting up of a new residential addiction treatment facility at Harristown House. As part of the consideration of the proposal my Department sought and received an evaluation from the Probation Service of anticipated Service needs for the core client group of the Service in the surrounding counties for addiction treatment facilities. The considered view of Probation Service management is that the provision of an additional residential treatment facility would not assist the Service further at this time in dealing with the addiction issues in the West, North West and Westmeath Probation Service region. Based on that needs assessment it is not proposed to open a new addiction treatment facility at Harristown House.

Finally let me say that my first priority is to ensure that my Department, through the Probation Service, continues to fund projects in the community that add value to the core criminal justice focussed work of the Service and which allow for the strengthening of community based partnerships. It is my intention to continue to fund a range of addiction and other projects into 2010 having regard to overall budgetary constraints. This will be done against the background of some €18.001 m. having been allocated in 2009 to providing funding to community based projects which has benefited over 50 such projects. Within that overall allocation 11% (almost €2m) will be distributed to the aforementioned 19 addiction treatment projects around the country.

Proposed Legislation.

John O'Mahony

Ceist:

625 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform his plans to introduce an amnesty for the removal of knives here; and if he will make a statement on the matter. [30745/09]

As the Deputy will be aware, legislation on the use of knives and similar weapons is extremely robust and heavy penalties are already in place. The maximum penalty for possessing a knife in a public place was recently increased from one to five years and the Garda Síochána were also given extended power of search without warrant in relation to knives and offensive weapons. These measures were introduced in the Criminal Justice (Miscellaneous Provisions) Act 2009.

In tandem with those measures, the importation and sale of samurai swords was also prohibited, though exceptions have been made for collectors and genuine enthusiasts. These measures only came into force last month and it will take time to see the results. While there are no plans at present to introduce an amnesty for knives, the whole area of knives and knife crime is kept under constant review.

Garda Stations.

John O'Mahony

Ceist:

626 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform his plans to increase the opening hours at a Garda station (details supplied) in County Mayo; and if he will make a statement on the matter. [30746/09]

I am informed by the Garda authorities that, subject to the availability of personnel, Ballinrobe Garda Station is open during the following hours:

Opening Hours

Monday – Friday

11.00am – 1.00pm

8.00pm – 9.00pm

Saturday

11.00am – 1.00pm

Sunday

12.00noon – 1.00pm

There are no current plans to increase the opening hours of Ballinrobe Garda Station. Ballinrobe Garda Station is located in the Claremorris Garda District in Co. Mayo. The personnel strength of Ballinrobe Garda Station, on the latest date for which figures are readily available, was 10. The increase of opening hours at Ballinrobe Garda Station would necessitate the employment of additional Garda personnel on indoor administrative duties who in the view of the Garda authorities may be more effectively employed on outdoor policing duties.

Crime Prevention.

John O'Mahony

Ceist:

627 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the action he has taken in view of the recent knife attacks in County Mayo; and if he will make a statement on the matter. [30747/09]

I am informed by the Garda authorities that, following a number of recent incidents of crimes committed using knives in the Mayo Garda Division, a number of arrests were made. The persons arrested were subsequently charged and are currently before the courts. While local Garda Management is concerned at recent developments, it is of the view that knife crime is not especially prevalent in this Division. In monitoring crime trends, the Divisional Officer and his senior management team have tailored the policing arrangements in the Division to take account of particular issues which arise on an ongoing basis.

Policing measures are in place to identify areas where disorderly conduct is likely to occur, and resources are deployed accordingly. Any person suspected of carrying an offensive weapon, especially a knife, is liable to be searched. Areas where groups of young people tend to congregate are subject to regular patrols and increased Garda attention.

Areas identified as public order hot-spots within the Division are the subject of targeted policing, including strict enforcement of the relevant legislative provisions. Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and are dealt with appropriately, including by juvenile or adult caution, fixed charge notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law. The Divisional Drugs Unit has been especially pro-active in carrying out searches of suspects entering and leaving night clubs.

Legislation on the use of knives and similar weapons is extremely robust and heavy penalties are in place. The Garda Commissioner last year made recommendations in relation to knives and sharply pointed or bladed weapons, and subsequently the Criminal Justice (Miscellaneous Provisions) Act 2009 was enacted. The maximum penalty for possessing a knife in a public place has been increased from one to five years, and An Garda Síochána have been given an extended power of search without warrant in relation to knives and offensive weapons.

In tandem with the new legislation, samurai swords have been banned from importation and sale, though exceptions have been made for collectors and martial artists. Last February, the Garda Commissioner and I launched a Knife Awareness Campaign by An Garda Síochána to inform and educate young people on the dangers of carrying knives and with the aim of reducing the number of incidents of knife crime.

Question No. 628 answered with Question No. 580.

Departmental Expenditure.

Thomas Byrne

Ceist:

629 Deputy Thomas Byrne asked the Minister for Justice, Equality and Law Reform the cost of providing State services to asylum seekers by his Department in 2008. [30762/09]

The costs to my Department in relation to delivering asylum services in 2008 are included in the following table under the following subheads of the Justice vote: D1 (Irish Naturalisation and Immigration Service); D2 (Refugee Legal Service); and D4 (Accommodation Asylum Seekers).

Expenditure on Asylum and Immigration Services 2008

Subhead

Cost €M

Subhead D1

65.9

Subhead D2

8.9

Subhead D4

91.5

Total

166.3

The above figures for 2008 are provisional and may be subject to change prior to publication of the 2008 Appropriation Accounts.

The Deputy should note that the costs incurred under subhead D1 include the total cost of running the Irish Naturalisation and Immigration Service (INIS) which includes the delivery of services across Asylum, Immigration, Naturalisation and Visa areas. The cost of accommodating asylum applicants accounts for the bulk of the expenditure on asylum by my Department, as can be seen from the table above. In this regard, the direct provision system is an efficient means of accommodating asylum seekers. If this system was not in place the cost to the State of accommodating asylum seekers would be higher.

Various efficiency and cost reduction measures continue to be implemented across INIS with a view to reducing the costs associated with asylum applications. On the application processing side, the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) keep processing times and scheduling arrangements under ongoing review with a view to limiting the amount of time applicants have to wait for a recommendation or decision, all of which impact on direct provision costs.

Other efficiency and cost reduction measures being pursued to reduce asylum costs include:

implementation of strategies aimed at reducing asylum application numbers and tackling the various abuses of the asylum process;

maximising the number of asylum cases transferred to other European States for processing under the Dublin II Regulation;

an increased focus on the return of failed applicants to their countries of origin through deportations and voluntary return;

implementation of the Government decision dated the 3 February, 2009 in relation to achieving an 8% reduction in spending on professional fees;

engagement with contractors for asylum seeker accommodation to achieve an 8% reduction in Reception and Integration (RIA) expenditure. The RIA anticipates that these savings will be reflected in RIA's 2009 outturn;

completion of a Government agreed Value for Money (VFM) Review of spending by RIA on asylum seeker accommodation. The result of this VFM review will be presented to the Oireachtas when it is completed;

consolidating shared services related activities across INIS and redeploying resources to processing areas;

strategies aimed at reducing the delays and costs associated with Judicial Review proceedings, such as greater use of in-house training, expertise and precedents, resulting in less use of counsel; ongoing review of practices and procedures and quality-proofing of decisions.

Finally, the Deputy will be aware that the enactment of the Immigration, Residence and Protection Bill 2008 will be a key measure for achieving efficiencies in the asylum applications processing system itself; for establishing a more effective and streamlined removal process; and for tackling abuses which the asylum and immigration system have to contend with, including apparent abuses of the judicial review system. The Bill comprehensively reforms and simplifies the current asylum system through the introduction of a single procedure for the investigation of all grounds put forward by applicants for protection. It is envisaged that there will be significant reductions in processing times upon enactment of the Bill, which will significantly reduce the costs involved in the asylum process.

Residency Permits.

Finian McGrath

Ceist:

630 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied) in Dublin 5. [30778/09]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that they have not received an application from the persons mentioned by the Deputy. The persons concerned should write to the General Immigration Division, INIS, which is located at 13-14 Burgh Quay, Dublin 2, providing full details and documentation of their current circumstances and of their future intentions with regard to remaining in Ireland in order for the matter to be considered further.

Citizenship Applications.

John O'Mahony

Ceist:

631 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the reason for the delay in granting citizenship to a person (details supplied) in County Mayo who applied in 2005; and if he will make a statement on the matter. [30795/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in November 2005. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application is at an advanced stage and the file will be submitted to me for a decision in due course.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Garda Communications.

Joanna Tuffy

Ceist:

632 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform if the reforms recommended have been implemented in respect of PULSE by An Garda Síochána following the steps it took to review PULSE on foot of the Garda Ombudsman Commission report in 2008; and if he will make a statement on the matter. [30828/09]

The recommendations referred to relate to the alleged leaking of official material from Garda sources to the media relating to a deceased person. The full text of the Garda Síochána Ombudsman Commission's report in relation to this matter is available on its website. The report recommends to the Garda Commissioner that supervisory ranks of An Garda Síochána should regularly monitor the use of PULSE to ensure that members adhere to their legal and disciplinary obligations with regard to its proper use. The Ombudsman Commission also recommends that suitable measures be put in place by the Garda authorities to ensure audit trails of the usage of PULSE and any other official information systems can always be accurate and verifiable.

With regard to Pulse, An Garda Síochána have detailed procedures and instructions in place on the operation of the Pulse system. The Pulse system incorporates an accurate audit system which records all record creations and updates made on the system. The audit record includes the date and time when the update on the system took place and contains details of the user signed onto the system at that time. Audit-trails also record all inquires made on the core items of interest on the PULSE system including Person and Vehicle. Audit records are written at the time the associated transaction took place. These audit records can only be accessed centrally and are not available or visible to the users.

In response to the report, a review to consider the matters raised and identify options for enhanced usage of the PULSE Audit data in respect of the monitoring of data access has been conducted by the Gardaí. Specific proposals in this regard have been formulated and are presently under consideration by senior Garda management. Under these proposals an ‘Exceptional activity level report' and related business process has been advanced which will highlight to Garda Management specific PULSE records which are subject to a high level of data access activity occurring within a defined period. This new functionality will be included in the next major release of PULSE.

Public Order Offences.

Finian McGrath

Ceist:

633 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied) in Dublin 5. [30891/09]

I am informed by the Garda authorities that the area referred to is in the Clontarf Garda Sub-District. The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing and Garda Mountain Bike Units. A member of the local Community Policing Unit is specifically allocated to this area. Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and are dealt with appropriately, including by juvenile or adult caution, fixed charge notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law.

I am informed that local Garda management has arranged for the local community Garda to contact the persons referred to by the Deputy regarding their concerns and to ensure that any future incidents of anti-social behaviour are reported to local Gardaí for action. Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and crimes against property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

Question No. 634 answered with Question No. 588.
Question No. 635 answered with Question No. 624.

Deportation Orders.

Ciaran Lynch

Ceist:

636 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform when a decision will be made in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [30924/09]

The person concerned applied for asylum on 25 June 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 27 July 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Asylum Applications.

Ciaran Lynch

Ceist:

637 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform if a hearing has been listed in the case of a person (details supplied) in County Cork who has been resident here since May 2004; and if he will make a statement on the matter. [30927/09]

The person referred to by the Deputy submitted an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No 518 of 2006 ('the Regulations'). This application was subsequently considered and refused. The applicant instituted Judicial Review proceedings on 13 May, 2008 challenging his Subsidiary Protection refusal and accordingly, as the matter is sub judice, I do not propose to comment further.

Citizenship Applications.

Michael Ring

Ceist:

638 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when an application for naturalisation will be finalised in respect of a person (details supplied) in County Mayo. [30976/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in August 2007. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that further processing of the application is ongoing and the file will be submitted to me for a decision in due course.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Michael Ring

Ceist:

639 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Mayo will be approved for citizenship. [30980/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in August 2007. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application is at an advanced stage and the file will be submitted to me for a decision in due course.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Public Order Offences.

Finian McGrath

Ceist:

640 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied) in Dublin 5. [30981/09]

I am informed by the Garda authorities that the area referred to is in the Coolock Garda Sub-District. The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing and Garda Mountain Bike Units. Two members of the local Community Policing Unit are specifically allocated to this area.

Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and are dealt with appropriately, including by juvenile or adult caution, fixed charge notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law. Local Garda management has no record of any complaints received in respect of specific incidents at the location referred to by the Deputy. However, any such complaints received will be investigated and acted upon.

Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and crimes against property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

Residency Permits.

Mary Upton

Ceist:

641 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform if he will investigate the case of a person (details supplied) in Dublin 12 for family reunification; and if he will make a statement on the matter. [30985/09]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that a letter issued from Family Reunification Section to the person in question on 10th September 2009 requesting further documentation. The application of the person in question will be considered further on receipt of the requested documentation.

Legal Aid Service.

John Cregan

Ceist:

642 Deputy John Cregan asked the Minister for Justice, Equality and Law Reform the number of repeat offenders who have availed of free legal aid; the number of times each person has re-offended; the cost to the Exchequer of this free legal aid; and if he will make a statement on the matter. [31009/09]

The Criminal Justice (Legal Aid) Act, 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. An applicant for criminal legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal aid and the court must also be satisfied that by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. However, where the charge is one of murder or where an appeal is one from the Court of Criminal Appeal to the Supreme Court, free legal aid is granted merely on the grounds of insufficient means.

The courts, through the judiciary, are responsible for the granting of legal aid. The Deputy will appreciate that eligibility for legal aid in criminal cases is determined by the Judge hearing the case and that I have no function in this regard. The information requested by the Deputy is not readily available and a disproportionate amount of staff resources would be required to compile it. Expenditure on the Criminal Legal Aid Scheme has totalled €41.7m up to 31 August 2009. My Department is currently considering a number of measures to strengthen the provisions for the granting of criminal legal aid and I will be bringing proposals to Government in this regard as soon as possible.

Visa Applications.

Phil Hogan

Ceist:

643 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform the reason that medical insurance is a requirement for visa applicants from a non-EU state; and if he will make a statement on the matter. [31015/09]

At the outset, it should be borne in mind that not all non-EU citizens are required to be in possession of a valid Irish visa prior to arriving at a port of entry to the State. In cases where an individual is visa required, it is the general policy of the Irish Naturalisation and Immigration Service to advise persons proposing to enter the State on a short stay ‘visit' visa to have secured the appropriate medical/travel insurance for the duration of the proposed stay. This is an advisory and not a mandatory requirement in order to be considered for such a visa. In such cases, the risk that the applicant presents of becoming a burden on public funds or public resources will be assessed as part of the determination process of the visa application.

The position as regards a long term stay, that is a duration exceeding 90 days differs somewhat, in that such applicants are required to have the appropriate medical insurance in place. The reason for such a requirement is that there is an onus on the applicant to satisfy the Visa Officer that they will not become a burden on public funds or public resources in the event that a long term visa is granted.

Departmental Bodies.

Noel Ahern

Ceist:

644 Deputy Noel Ahern asked the Minister for Justice, Equality and Law Reform the various legal panels for solicitors and barristers under the control of his Department or agencies under its remit; the process for getting on the various panels; if done annually or occasionally. [31033/09]

The information requested by the Deputy is set out below.

The Appeal Tribunal (under the Prisons Act 2007)

Section 15 of the Prisons Act, 2007 provides prisoners with a right of appeal in relation to a sanction involving a loss of remission imposed by a governor arising from a breach of prison discipline. Appeals are heard by an Appeal Tribunal. The Tribunal is paid on a case by case basis. Appointment is made by the Minister for Justice, Equality and Law Reform subject to terms conditions and remuneration as he/she may determine with the consent of the Minister for Finance. The term of the Tribunal is at the discretion of the Minister for Justice, Equality and Law Reform. Appointments were made following advertisements placed in the papers by the Irish Prison Service. Members must be barristers or solicitors of at least seven years standing.

The Mental Health Review Board (under the Criminal Law (Insanity) Act 2006)

This statutory independent body reviews the detention of patients at "designated centres" (of which the Central Mental Hospital (CMH) is currently the only one) who have been referred there arising from a decision by the Courts that they are unfit to stand trial or found to be not guilty of an offence by reason of insanity.

The Review Board has established and maintains a panel of solicitors and law firms who satisfy the necessary criteria to provide legal services in accordance with the provisions of the Criminal Law (Insanity) Act 2006. To be considered for placement on the panel, a solicitor or law firm must submit a completed application form for evaluation. The principal conditions an applicant must satisfy are the following:

1. hold a current practising certificate from the Law Society of Ireland;

2. be a practising solicitor who has had not less than three years' experience as a practising solicitor ending immediately before application;

3. have professional indemnity insurance to cover an individual claim of up to €2.2million; and

4. comply with Tax Clearance procedures.

Further information concerning the criteria for applying to join the legal representatives panel of the Mental Health (Criminal Law) Review Board is outlined on the website of Mental Health (Criminal Law) Review Board — www.mhclrb.ie — Legal Aid Scheme.

There are currently twenty-nine solicitors appointed to the legal representatives panel. The Review Board monitors the position on an ongoing basis. The Panel will be reviewed formally by the Review Board every three years or as considered necessary by the Review Board.

Garda Discipline Panel

Regulations 25 and 34 of the Garda Síochána (Discipline) Regulations 2007 (S.I. No. 214 of 2007) provide for the appointment by the Garda Commissioner of Presiding Officers of boards of inquiry and Chairpersons of Appeal Boards respectively. Appointees must be drawn from a panel of judges of the District Court, or practising barristers or solicitors of not less than ten years' standing nominated by the Minister for Justice, Equality and Law Reform. In June 2007 the then Minister made the first nominations to the panel. After consultation with the President of the District Court, 10 judges were nominated to the panel. All practising barristers and solicitors of ten years standing were invited via the Bar Council and the Incorporated Law Society to apply for nomination. Following confirmation of their status by the Bar Council or Law Society respectively, the Minister nominated 250 lawyers to the panel. In June 2008 applications for nomination were sought in the same way, and I made further nominations in November 2008. There are now 351 persons on the panel, including 10 judges. Further nominations to the panel will be made as the need arises.

Private Security Authority

The Private Security Authority awarded a contract to Holmes O'Malley Sexton, Solicitors, Limerick following a tendering process in December 2008. The term of the contract is for a period of three years. They provide legal advice and assistance to the Board and CEO in the exercise of their statutory functions and responsibilities.

The Legal Aid Board

To assist it in fulfilling its functions under the Civil Legal Aid Act, 1995, the Legal Aid Board maintains two panels of solicitors under its Private Practitioner Scheme and also a panel of barristers under the terms of an agreement with the Bar Council.

Under its Private Practitioner Scheme, the Board operates two separate panels to deal with Circuit Court and District Court cases. The existing Circuit Court Panel is in operation for three years after commencing on 1 October, 2006. The term of this panel has been extended to run to the end of this year and, pending its finalisation, new solicitors are not being considered for inclusion on the current panel. Solicitors interested in being included on a future panel should apply in writing to the Board and interviews will be conducted with the applicants with those found to be suitable being added to the panel as appropriate.

The existing District Court Panel is in operation for three years after commencing on 1 May, 2008. A solicitor can now apply in writing to be added to this panel. Their application will be considered and subject to the decision of the Board, will be added to the panel if they fulfil the Board's standard requirements, including the requirement that they hold a practising certificate, appropriate indemnity insurance and possess a current tax clearance certificate.

The Legal Aid Board maintains a panel of barristers under the terms of the Bar Council Agreement with this panel in continuous operation facilitating a barrister to apply at any time to be considered for inclusion. An interested barrister should apply in the first instance by submitting an application to the Bar Council. Subject to consideration and the barrister satisfying the Board's requirements, the Bar Council notify the Legal Aid Board and the barrister will be added to the panel as appropriate.

Any solicitors or barristers interested in being included in any of the above panels may enquire further on the matter through the Board's Legal Services Section based in its Headquarters in Cahirciveen.

Criminal Legal Aid

Solicitors and barristers who wish to operate under the Criminal Legal Aid Scheme must be on a criminal legal aid panel as provided for in the Criminal Justice (Legal Aid) Act, 1962 and Regulations, 1965 to 2003. The barristers' panel is maintained by my officials and each County Registrar maintains a solicitors' panel for his/her county.

Each panel lasts for one year from 1 December in any year to 30 November the following year. The procedure for barristers is that they must inform the Bar Council that they are willing to accept instruction in cases where the defendant has been granted a certificate for free legal aid by the courts. The Bar Council then informs my officials who request the Tax Clearance Certificate from the counsel before adding his/her name to the panel. Similar requirements apply to solicitors, where solicitors who hold Fitness to Practice Certificates from the Law Society apply to County Registrars to have their name included on the Solicitors' Panel for the relevant County. They must also provide a tax clearance certificate.

Refugee Legal Service

The Refugee Legal Service maintains a panel of solicitors and a panel of barristers in private practice to submit appeals, in certain cases, on behalf of legally aided asylum applicants to the Refugee Appeals Tribunal and to represent them before the Tribunal.

Applications to the solicitors' panel are made to the Legal Services Unit of the Refugee Legal Service, and applications to the barristers' panel are made through the Bar Council to the Legal Services Unit. The Board's website includes information for interested persons on who to contact. In both cases, applications are considered as they are received and are assessed in relation to suitable training and experience.

Data Protection Commissioner

A competition is currently being conducted with a view to establishing a panel of at least three up to a maximum of five service providers with proven capacity to provide the full scope of legal services required by the Office of the Data Protection Commissioner. Full details concerning this competition can found in the notice that was published on www.etenders.gov.ie on 2 September, 2009.

The Equality Tribunal

The Equality Tribunal has an in-house Solicitor who provides the Director with specialist legal advices. Barristers are engaged on an occasional, specialist and case-by-case basis. There is no formal panel in place for such engagements as the work is highly specialised. Practitioners are briefed by the Legal Advisor on the basis of their specialist knowledge and availability.

The Irish Human Rights Commission

The Irish Human Rights Commission has no legal panel for solicitors. It has a legal panel for barristers which was established in 2004 at which time it placed notices in the Law Library asking counsel with human rights expertise to forward CVs to the Commission and address certain criteria. A panel was then established which has been updated over time. The process for getting onto this panel involves a barrister sending a CV to the Commission and setting out why they wish to be placed on the Commission's panel.

Office of the Refugee Applications Commissioner

A Presenting Panel of legally qualified persons was established by the Office of the Refugee Applications Commissioner in early 2009 to represent the Commissioner at appeals hearings before the Refugee Appeals Tribunal. A competition was conducted in 2008 to select suitable candidates for placement on the Panel. The competition was advertised in national daily newspapers in October 2008. In addition, details of the competition were supplied to the Bar Council and Law Society of Ireland. Furthermore, detailed information and the relevant application form were uploaded to the website of the Office of the Refugee Applications Commissioner (www.orac.ie) on 2 October, 2008. Following a short-listing process and interviews the Panel was established. It is not proposed at the present time to form another Presenting Panel as the work of the present Panel is not completed.

Garda Strength.

Charles Flanagan

Ceist:

645 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of gardaí who have departed the force (details supplied) on a monthly basis to date in 2009; the same figures in respect of 2008; and if he will make a statement on the matter. [31037/09]

I am informed by the Garda Authorities that the number of departures from the Force in 2008 and January-July 2009 was as set out in the following tables:

2008 Departures from the Force

Category

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sept

Oct

Nov

Dec

Totals

Compulsory Retirements

1

1

1

3

2

3

0

1

0

2

1

1

16

Voluntary Retirements

12

6

33

17

14

20

8

2

54

26

19

29

240

Resignations

6

3

7

1

1

5

2

1

3

2

2

2

35

Medical Discharges

3

1

0

2

1

0

4

2

1

7

1

1

23

Deaths

2

2

1

1

0

2

1

1

0

0

0

0

10

Dismissals

0

1

0

0

1

1

0

2

2

3

0

1

11

Resignations in Lieu of Dismissals

0

0

0

0

0

0

0

0

0

0

0

0

0

Totals

24

14

42

24

19

31

15

9

60

40

23

34

335

2009 Departures from the Force

Category

Jan

Feb

Mar

Apr

May

Jun

Jul

Totals

Compulsory Retirements

0

1

0

0

1

0

0

2

Voluntary Retirements

17

14

83

64

46

66

59

349

Resignations

1

3

0

2

2

1

5

14

Medical Discharges

1

0

0

2

2

0

0

5

Deaths

2

1

2

2

1

3

0

11

Dismissals

0

1

1

2

0

0

0

4

Resignations in Lieu of Dismissals

0

0

0

2

0

1

0

3

Totals

21

20

86

74

52

71

64

388

Prison Accommodation.

Charles Flanagan

Ceist:

646 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of prisoners, broken down by prison, who are being accommodated in cells exceeding their limit; and if he will make a statement on the matter. [31038/09]

On 15 September, 2009 there were 3,895 prisoners in custody compared to a bed capacity of 3,947. This represented a 99% occupancy rate. The following table provides a breakdown of the population of each prison/place of detention on 15 September, 2009:

Prison/Place of Detention

Bed Capacity

No. of prisoners held in custody

Arbour Hill Prison

148

156

Castlerea Prison

351

368

Cloverhill Prison

431

431

Cork Prison

272

298

Dóchas Centre

85

104

Limerick Prison (male)

290

295

Limerick Prison (female)

20

29

Loughan House

150

128

Midlands Prison

516

521

Mountjoy Prison (male)

590

591

Portlaoise Prison

240

121

Shelton Abbey

100

93

St. Patrick’s Institution

217

222

Training Unit

107

108

Wheatfield Prison

430

430

Total

3,947

3,895

As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody. Consequently it is not operationally practical to set limits for the number of prisoners held within the prison system. There are contingency plans in place in all of our prisons to deal with peak population numbers. This Government has been engaged in a major prisons capital programme which has seen 1400 additional spaces introduced over the last 12 years, including Castlerea, Cloverhill, Limerick, the Midlands and the Dóchas Centre. A new 100 space accommodation block recently opened in Castlerea. Furthermore, current projects will also provide the potential for an additional 450 prison spaces during 2009 by means of:

a new block in Portlaoise Prison which will have the potential to accommodate approximately 200 prisoners;

a new block in Wheatfield which will also have the potential to accommodate approximately 200 prisoners;

opening the separation unit in Mountjoy Prison which will have the potential to accommodate 50 prisoners.

Charles Flanagan

Ceist:

647 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the revised projections received by him from the Irish Prison Service of prisoner numbers and capacity for 2009, 2010, 2011 and 2012; and if he will make a statement on the matter. [31039/09]

As the Deputy will recall in my answer to him on this subject on the 12th of May this year, the Irish Prison Service has engaged the University of Limerick to compile a projection of prisoner numbers. This study will serve to inform both my Department and the Irish Prison Service on matters relevant to the prisons estate in the future. The project is continuing and its findings are awaited.

Small Claims Procedure.

Michael Ring

Ceist:

648 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform his views on an issue (details supplied) regarding the small claims court; and if he will make a statement on the matter. [31041/09]

The Small Claims procedure is an alternative method of commencing and dealing with a civil proceeding in respect of a small claim (under €2000). The procedure is laid out in the District Court (Small Claims Procedure) Rules, 1997 & 1999.

The service is provided by District Court offices and is designed to handle consumer claims cheaply without the need to engage legal representation. It provides a useful cost effective service for consumers. The types of claims dealt with under the procedure are:

a claim for goods or services bought for private use from someone selling them in course of a business;

a claim for minor damage to property (but excluding personal injuries);

a claim for the non-return of a rent deposit for certain kinds of rented properties.

However, the administrative manner in which claims are handled means not every type of case is suitable for inclusion. Excluded from the procedure are claims arising from:

a hire-purchase agreement;

a breach of a leasing agreement;

debts.

I am currently considering proposals to extend the small claims procedure to businesses in certain circumstances which I hope to be in a position to finalise as soon as possible.

Firearms Licences.

Pat Rabbitte

Ceist:

649 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if the provisions of the Criminal Justice (Miscellaneous Provisions) Act 2009 have been implemented; if his attention has been drawn to employment implications that have arisen since the Bill was enacted; when new gun licences will be issued to law abiding citizens; and if he will make a statement on the matter. [31044/09]

All of the sections on firearms contained in Part 4 of the Criminal Justice (Miscellaneous Provisions) Act 2009 have been commenced with the exception of the prohibition on the personal importation of firearms. This measure will be addressed in the coming months in tandem with the transposition of the new EU Weapons Directive. In addition, the outstanding firearms related sections of the Criminal Justice Act 2006 have also been commenced.

As the Deputy will appreciate, in my role as Minister for Justice, Equality and Law Reform, my main priorities in relation to firearms are public safety and the control of firearms. The two Acts already mentioned, which were debated extensively by the Oireachtas, introduce a range of measures in relation to firearms licensing such as the requirement that applicants have provided secure accommodation for their firearms, that they prove their identity, provide the names of two referees and give consent to medical enquiries though such enquiries will only be made where necessary.

A major aspect of these reforms is the introduction of a new three year licence to replace the old one year licence, where all firearms certificates expired each year, on 31 July. To manage the transition phase, the Criminal Justice (Miscellaneous Provisions) Act contained a provision to extend the certificates which would have normally expired on 31 July 2009. These licence extensions range from three to eleven months and the Garda Commissioner wrote to each licence holder to inform the holder of the extension he had been granted. The shortest of these extensions will expire on 31 October 2009.

Because of the new arrangements, the ‘one year licence' no longer exists and consequently could not be issued during the months of August or September. Prospective applicants, however, can apply for the new three year licenses and the first of these will issue in the coming weeks. The Garda Commissioner recently published on the Garda website ‘Guidelines as to the Practical Application and Operation of the Firearms Acts, 1925-2009' and I believe these guidelines will prove invaluable in assisting members of the Garda Síochána and the public alike by bringing clarity and transparency to firearms licensing.

Residency Permits.

Bernard J. Durkan

Ceist:

650 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31065/09]

The two visa applications referred to by the Deputy were received in the Visa Office, Dublin on the 29 April 2009. Both were refused by the Visa Officer on 25 May 2009 for the following reasons:

1. The evidence of finances submitted was deemed insufficient, further no details as regards the account holder were evident on the documentation submitted;

2. There was insufficient documentation submitted in support of the application in that there was no birth certificates for the applicants submitted. There was no documentation submitted verifying that the father has been granted full custody of the applicants. Further there was no written consent from the mother or a copy of her passport for verification of signature.

The applicants lodged appeals which were received in the Visa Office, Dublin on the 17 August 2009. Both decisions of the Visa Officer were upheld by the Appeals Officer on 14 September 2009. Only one appeal per application is allowed. The only option now available to the applicants is to make a fresh visa application.

Bernard J. Durkan

Ceist:

651 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31066/09]

My Department has no record of an application for Family Reunification having been made by or on behalf of the person concerned.

Bernard J. Durkan

Ceist:

652 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31067/09]

I wish to inform the Deputy that the person to whom he refers was granted permission to remain in the State under the IBC/05 Scheme and that this permission is currently valid until 25 October, 2010. Permission to remain under the IBC/05 Scheme is subject to the condition that the granting of such permission does not confer any entitlement or legitimate expectation on any other person, whether related to the applicant or not, to enter or remain in the State.

It is open to all non-Irish nationals, who are resident outside the State, and who are visa-required to enter the State, to apply to their nearest Irish Embassy or Consulate for an entry visa. Comprehensive guidelines on making a visa application can be found on www.inis.gov.ie.

Bernard J. Durkan

Ceist:

653 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31068/09]

My Department has no record of an application for Family Reunification having been made by or on behalf of the person concerned.

Bernard J. Durkan

Ceist:

654 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [31069/09]

An application for long term residency from the person concerned was received in my Department on 3 August 2007. Officials in the Long Term Residency Section inform me that a letter issued to the applicant's solicitor on 10 September 2009 requesting further documents. Once this documentation has been received, processing of the application will continue.

Bernard J. Durkan

Ceist:

655 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [31070/09]

I wish to inform the Deputy that the person in question was granted permission to remain in the State in September 2000 under the arrangements then in place for the non-EEA parents of Irish citizen children. The person concerned currently has permission to remain until September 13, 2010. The person concerned is not entitled to make an application for family reunification. If a family member of the person concerned resident outside the State and who is visa-required to enter the State wishes to enter the State, a visa application may be made to the nearest Irish Embassy or Consulate. Comprehensive guidelines on making a visa application can be found on www.inis.gov.ie.

Asylum Support Services.

Bernard J. Durkan

Ceist:

656 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Cork can transfer to self-catering accommodation; and if he will make a statement on the matter. [31071/09]

I am informed by the Reception and Integration Agency (RIA) of my Department that the family referred to in the details supplied are currently availing of direct provision accommodation at Millstreet accommodation centre, Millstreet, County Cork. The RIA is satisfied that the accommodation provided satisfies the requirements of the family.

Residency Permits.

Bernard J. Durkan

Ceist:

657 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31072/09]

I refer the Deputy to Parliamentary Question No. 128 of Thursday, 26 February 2009 and the written Reply to that Question. The person concerned applied for asylum on 2 February 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 September 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned and these representations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Bernard J. Durkan

Ceist:

658 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31073/09]

I wish to inform the Deputy that the person to whom he refers was granted permission to remain in the State, as an exceptional measure, until 19 May, 2012. The person concerned was informed of this decision by letter on 19 May, 2009.

Bernard J. Durkan

Ceist:

659 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31074/09]

The person concerned claimed asylum in the State on 11/04/2001 and had his claim examined by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, following which it was recommended that he should be recognised as a refugee. Based on this recommendation, the person concerned was advised of my decision to issue him with a formal declaration of refugee status by letter dated 07/05/2003. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State. The person concerned continues to hold the status of refugee in the State.

Bernard J. Durkan

Ceist:

660 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31075/09]

I refer the Deputy to Parliamentary Question No. 395 of Tuesday, 9 June 2009, and the written Reply to that Question. The person concerned applied for asylum on 14 July 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16 May 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations were received from the person concerned at that time.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Bernard J. Durkan

Ceist:

661 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [31076/09]

The person concerned applied for asylum on 31 August 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 11 February 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Visa Applications.

Bernard J. Durkan

Ceist:

662 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31077/09]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that a decision was made in relation to the case referred to by the Deputy and the person concerned was informed of this in writing on 11 September 2009.

Asylum Applications.

Bernard J. Durkan

Ceist:

663 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [31078/09]

The person concerned applied for asylum on 24 May 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7 May 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Visa Applications.

Bernard J. Durkan

Ceist:

664 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31079/09]

The person concerned has been granted temporary Leave to Remain in the State for a one year period to 26 August 2010. This decision was conveyed to the person concerned by letter dated 26 August 2009.

Asylum Applications.

Bernard J. Durkan

Ceist:

665 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [31080/09]

The person concerned applied for asylum on 16 December 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9 January 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits.

Bernard J. Durkan

Ceist:

666 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31081/09]

An application for long term residency was received in my Department from the person in question on 2 September 2008. I am pleased to inform the Deputy that the person concerned has been granted long term residency. A letter informing him of this issued on 4 September 2009.

Bernard J. Durkan

Ceist:

667 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [31082/09]

An application for long term residency was received in my Department from the person in question on 27 November 2007. Officials in the Long Term Residency Section inform me that processing of this application has commenced and a decision is expected in the coming months.

Bernard J. Durkan

Ceist:

668 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [31083/09]

An application for long term residency from the person concerned was received in my Department on 2 September 2008. Officials in the long term residency section of my Department inform me that files received in February 2008 are currently being processed. It is likely, therefore, that further processing of the application will commence in the coming months. The person in question will be contacted as soon as a decision is reached on the application.

Bernard J. Durkan

Ceist:

669 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31084/09]

Bernard J. Durkan

Ceist:

670 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31085/09]

I propose to take Questions Nos. 669 and 670 together.

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the married couple referred to by the Deputy are both students in the State and are both stamped in accordance with their current activity in the State. I have also been informed that INIS have not received any application for leave to remain in the State from the persons concerned. They should be advised to write to the General Immigration Division of INIS, which is located at 13-14 Burgh Quay, Dublin 2 providing full details and documentation of their future plans to stay in Ireland in order for the matters to be considered further.

Visa Applications.

Bernard J. Durkan

Ceist:

671 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for family reunification in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31086/09]

I refer the Deputy to my detailed Reply to his previous Parliamentary Question, No. 274 of Tuesday, 31 March, 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Citizenship Applications.

Bernard J. Durkan

Ceist:

672 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for naturalisation in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31087/09]

My Department has no record of an application for naturalisation having been made by the person concerned.

Residency Permits.

Bernard J. Durkan

Ceist:

673 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31088/09]

I wish to inform the Deputy that the person to whom he refers was invited, in September 2008, to submit representations under section 3 of the Immigration Act, 1999, outlining the reasons as to why a Deportation Order should not be made in respect of him. Representations in this regard have been received by my Department and are being assessed by the relevant officials. The person concerned will be contacted directly and notified of any decision made regarding his status in the State in due course.

Bernard J. Durkan

Ceist:

674 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 389 of 22 April 2009, whether a copy of information sought by Irish Naturalisation and Immigration Service can be forwarded to a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [31089/09]

Bernard J. Durkan

Ceist:

702 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [31117/09]

I propose to take Questions Nos. 674 and 702 together.

There is currently no application pending in my Department in the case of the person whose details were supplied. No details were supplied by the Deputy with Parliamentary Question No. 389 of 22 April 2009. This was the information sought by INIS from the Deputy at the time.

Asylum Support Services.

Bernard J. Durkan

Ceist:

675 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will consider a further transfer to accommodation in Dublin in the case of a person (details supplied) in County Laois having particular regard to humanitarian and medical grounds and their need to be in Dublin for ongoing hospital appointments; and if he will make a statement on the matter. [31090/09]

I am informed by the Reception and Integration Agency (RIA) of my Department that the person referred to in the details supplied requested, in June 2009, a transfer from St. Patrick's Accommodation Centre in Monaghan to a centre nearer Dublin, on medical grounds. A transfer to The Montague Accommodation Centre in Laois was offered and accepted and the person transferred there in early July. No further transfer is envisaged.

Residency Permits.

Bernard J. Durkan

Ceist:

676 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31091/09]

The person concerned applied for asylum on 5 March 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 30 November 2005, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. Representations were submitted on behalf of the person concerned at that time.

The person concerned was later notified, by letter dated 19 February 2008, of her entitlement to make an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). She was also invited to update her earlier representations to the Minister. Updated representations have been received on behalf of the person concerned as has an application for Subsidiary Protection in the State. The application for Subsidiary Protection is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Bernard J. Durkan

Ceist:

677 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31092/09]

There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

Bernard J. Durkan

Ceist:

678 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [31093/09]

There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

Refugee Status.

Bernard J. Durkan

Ceist:

679 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for refugee status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31094/09]

The person concerned applied for asylum on 2 February 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31 August 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The 15 working day period referred to in my Department's letter of 31 August 2009 expires on 21 September 2009. It is open to the person concerned to make representations and/or apply for Subsidiary Protection within that period. In any event, a final decision on this case will not be made prior to the expiry date referred to.

Citizenship Applications.

Bernard J. Durkan

Ceist:

680 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for citizenship in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [31095/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in May 2007. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application is in the final stages and the file will be submitted to me for a decision in due course.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Visa Applications.

Bernard J. Durkan

Ceist:

681 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for family reunification in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [31096/09]

My Department has no record of an application for Family Reunification having been made by or on behalf of the person concerned.

Residency Permits.

Bernard J. Durkan

Ceist:

682 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31097/09]

The person concerned applied for asylum on 9 May 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31 August 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Visa Applications.

Bernard J. Durkan

Ceist:

683 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for family reunification in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [31098/09]

My Department has no record of an application for Family Reunification having been made by or on behalf of the person concerned.

Bernard J. Durkan

Ceist:

684 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31099/09]

My Department has no record of an application for Family Reunification having been made by or on behalf of the persons concerned.

Residency Permits.

Bernard J. Durkan

Ceist:

685 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31100/09]

An application for long term residency was received in my Department from the person in question on 16 May 2008. Officials in the Long Term Residency Section inform me that processing of this application has commenced and a decision is expected in the coming months.

Bernard J. Durkan

Ceist:

686 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [31101/09]

The person concerned applied for asylum on 7 July 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7 July 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations were submitted by the person concerned at that time.

The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Asylum Applications.

Bernard J. Durkan

Ceist:

687 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for asylum in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31102/09]

The person concerned applied for asylum on 6 September 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 24 June 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Bernard J. Durkan

Ceist:

688 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for asylum in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31103/09]

The person concerned applied for asylum on 26 July 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 5 March 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits.

Bernard J. Durkan

Ceist:

689 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31104/09]

The person concerned applied for asylum on 1 February 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31 August 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Bernard J. Durkan

Ceist:

690 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding an application for residency in the case of aperson (details supplied) in County Meath; and if he will make a statement on the matter. [31105/09]

The person concerned applied for asylum on 3 January 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 29 June 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Bernard J. Durkan

Ceist:

691 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31106/09]

An application for long term residency was received in my Department from the person in question on 24 May 2007. Officials in the Long Term Residency Section inform me that processing of this application has commenced and a decision is expected in the coming months.

Deportation Orders.

Bernard J. Durkan

Ceist:

692 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the decision to deport in the case of a person (details supplied) in Dublin 22 in view of the fact that the circumstances have changed since the original decision; and if he will make a statement on the matter. [31107/09]

I refer the Deputy to the Reply to Parliamentary Question No. 222 of Thursday, 3 April 2008. The status of the person concerned remains as set out in that Reply. The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. He is due to present again on 17 September 2009.

I am satisfied that the applications made by the person concerned for asylum and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is, and remains, an operational matter for the GNIB.

Citizenship Applications.

Bernard J. Durkan

Ceist:

693 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding citizenship status in the case of a person (details supplied) in Dublin 7 who is resident here since 1995; and if he will make a statement on the matter. [31108/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was last received in the Citizenship Division of my Department in June 2009. On examination of the application submitted it was determined that the application in its entirety be returned to the person concerned for further attention on 23 June, 2009. In order to be fair to all applicants, only valid applications can be considered. It is open to the person in question to re-submit the application to the Citizenship Division of my Department at anytime.

Residency Permits.

Bernard J. Durkan

Ceist:

694 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31109/09]

There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

Citizenship Applications.

Bernard J. Durkan

Ceist:

695 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31110/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in December 2007. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. However, I understand that the person concerned is a refugee. In accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Bernard J. Durkan

Ceist:

696 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31111/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in December 2007. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. However, I understand that the person concerned is a refugee. In accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Residency Permits.

Bernard J. Durkan

Ceist:

697 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [31112/09]

I refer the Deputy to Parliamentary Question No. 667 of Tuesday, 27 January 2009, and the written Reply to that Question. The person concerned applied for asylum on 1 December 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 January 2006, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her.

Representations have been submitted on behalf of the person concerned and these representations will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Citizenship Applications.

Bernard J. Durkan

Ceist:

698 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31113/09]

Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question.

Residency Permits.

Bernard J. Durkan

Ceist:

699 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [31114/09]

I wish to inform the Deputy that the person concerned was granted permission to remain in the State in July 1999 under the arrangements then in place for the non-EEA parents of Irish citizen children. The permission granted was for an initial period of twelve months. The most recent renewal of the permission to remain granted to the person in question expired on 1 September, 2008 and the renewal of same is a matter for the Garda National Immigration Bureau, 13/14 Burgh Quay, Dublin 2.

Bernard J. Durkan

Ceist:

700 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31115/09]

The person concerned applied for asylum on 3 August 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 March 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Bernard J. Durkan

Ceist:

701 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31116/09]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned made an application for residency in October 2008. The General Immigration Division of INIS wrote to the person in question on 7 July 2009 and 29 July 2009 requesting further information and documentation. To date this information and documentation has not been received.

Question No. 702 answered with Question No. 674.

Bernard J. Durkan

Ceist:

703 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31118/09]

The person concerned, accompanied by her then infant son, applied for asylum on 19 September 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 24 June 2005, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her child should not have Deportation Orders made against them. Representations were received from the person concerned at that time.

Following consideration of the cases of the person concerned and her child, under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, Deportation Orders were signed by the Minister on 25 January 2006 in respect of the person concerned and her child. These Orders were formally served by registered post dated 7 February 2006.

Further representations were subsequently received on behalf of the person concerned and these were duly considered following which the Minister decided to affirm the Deportation Orders in respect of the person concerned and her son. This position was communicated to the person concerned by letter dated 4 April 2007. The person concerned also sought to be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act 1996 (as amended). Following consideration of this application, the application was refused and this refusal decision was conveyed in writing to the person concerned by letter dated 12 March 2007.

The person concerned subsequently sought to be enabled to submit an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). Following consideration of this request, a decision was taken to permit the person concerned to lodge such an application, a position conveyed to the person concerned by letter dated 18 October 2007. The person concerned has submitted an application for Subsidiary Protection in the State, on behalf of herself and her child, and this application is under consideration at present. When consideration of this application has been completed the person concerned will be notified in writing of the outcome.

The person concerned, and her child, remain the subject of Deportation Orders. However, the Deputy can be assured that no steps will be taken to enforce these Orders pending the determination of the application for Subsidiary Protection in the State. In the meantime, however, the person concerned must comply with any reporting requirements placed on her by the Garda National Immigration Bureau (GNIB).

Bernard J. Durkan

Ceist:

704 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31119/09]

I wish to inform the Deputy that permission to remain in the State was granted to the person concerned under the IBC/05 Scheme during 2005. This permission was renewed in May 2007 and is currently valid until 23 May, 2010.

Bernard J. Durkan

Ceist:

705 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31120/09]

I wish to inform the Deputy that the mother of the person in question has permission to remain in the State, under the IBC/05 Scheme, until 21 January, 2010. Following an application received from the person concerned, she was granted permission to remain in the State in line with that granted to her mother, and was informed of that decision in April 2008.

Bernard J. Durkan

Ceist:

706 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31121/09]

The person concerned has been granted temporary Leave to Remain in the State for a one year period to 23 July 2010. This decision was conveyed to the person concerned by letter dated 23 July 2009.

Bernard J. Durkan

Ceist:

707 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31122/09]

The person concerned has been granted temporary Leave to Remain in the State for a one year period to 16 June 2010. This decision was conveyed to the person concerned by letter dated 17 June 2009.

Bernard J. Durkan

Ceist:

708 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for leave to remain in the State in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [31123/09]

The Immigration Services Section of the Irish Naturalisation and Immigration Service (INIS) informs me that a letter issued on 31 August 2009 to the person in question granting her permission to remain in the State on the basis of her marriage to an Irish national for an initial period of twelve months. This permission becomes operative when the applicant registers with the Garda National Immigration Bureau.

Bernard J. Durkan

Ceist:

709 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31124/09]

The person concerned applied for asylum on 4 September 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 14 October 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Refugee Status.

Bernard J. Durkan

Ceist:

710 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a travel document will issue in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31126/09]

The Irish Naturalisation and Immigration Service (INIS) informs me that the person in question was refused Refugee Status in 2004 and is therefore not entitled to be issued with an Irish Travel Document. The person concerned was granted temporary permission to remain in the State on 7 February 2008, for 3 years until 11 January 2011. As the person in question is a national of the Democratic Republic of Congo it is advisable for him to seek consular assistance from his own national authorities in relation to the procurement of a passport or temporary travel document to facilitate travel in order to obtain same. In exceptional cases an application for Irish temporary travel document may be considered. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue.

An application for an Irish temporary travel document will only be considered by the Immigration Services Section in INIS on receipt of a fully completed application form. Supporting documentation accompanying any such application should include original correspondence from the relevant consular authority outlining the steps necessary to be followed by the person to facilitate the procurement of a DRC national passport if their presence is required outside the State.

I am informed by the Immigration Services Section of INIS that an application for a temporary travel document was refused on 31 March 2009 in respect of the person in question as the application received was not accompanied with the requisite original correspondence from his own consular authorities. It remains open to the person in question to submit a new application for a temporary travel document accompanied with the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2

Residency Permits.

Bernard J. Durkan

Ceist:

711 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31127/09]

There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

Bernard J. Durkan

Ceist:

712 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31128/09]

The person concerned applied for asylum on 31 October 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned was advised of her entitlement to appeal this determination to the Refugee Appeals Tribunal but she did not do so.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 13 May 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Refugee Status.

Bernard J. Durkan

Ceist:

713 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a green card or travel document will issue to a person (details supplied) in County Dublin who has been granted leave to remain here; and if he will make a statement on the matter. [31129/09]

The Irish Naturalisation and Immigration Service (INIS) advises me that while the person in question was refused refugee status following appeal, he was recently, as an exceptional measure granted temporary permission to remain in the State for one year until 25 June 2010. He is now required to register with the Garda National Immigration Bureau. One of the requirements for registration is the production of a valid national passport. As the person in question is a national of the Democratic Republic of Congo it is advisable for him to seek consular assistance from his own national authorities in relation to the procurement of a passport in the event that he is not in possession of one or a temporary travel document to facilitate travel in order to obtain same. In exceptional cases an application for Irish temporary travel document may be considered. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue.

An application for an Irish temporary travel document will only be considered by the Immigration Services Section in INIS on receipt of a fully completed application form. Supporting documentation accompanying any such application should include original correspondence from the relevant consular authority outlining the steps necessary to be followed by the person to facilitate the procurement of a DRC national passport if their presence is required outside the State. It remains open to the person in question to submit an application for a temporary travel document accompanied with the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2.

Residency Permits.

Bernard J. Durkan

Ceist:

714 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [31130/09]

Bernard J. Durkan

Ceist:

715 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Roscommon. [31131/09]

I propose to take Questions Nos. 714 and 715 together.

The person concerned applied for asylum on 4 July 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16 November 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Refugee Status.

Bernard J. Durkan

Ceist:

716 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an appeal in the case of a person (details supplied) in County Meath who has been refused refugee status; if his attention has been drawn to the fact of the political situation in their country of origin; if his further attention has been drawn to the threat to their well-being in the event of deportation; if full regard has been had for same entitlements under international law in such situations; and if he will make a statement on the matter. [31132/09]

I refer the Deputy to his previous Parliamentary Question, No. 286 of Tuesday, 28 April 2009, in this matter. The person concerned applied for asylum on 15 March 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 17 October 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned.

By letter dated 20 February 2008, the person concerned was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. The Deputy might wish to note that the refoulement consideration will include a detailed assessment of the prevailing political and human rights conditions in the country of origin of the person concerned. When this overall consideration has been completed, the case file of the person concerned is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Prison Staff.

Tom Hayes

Ceist:

717 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform if he will confirm if there is to be an exemption on the embargo on recruitment to the Prison Service in the near future; and if he will make a statement on the matter. [31207/09]

I wish to advise the Deputy that the Irish Prison Service is not exempt from the operation of Government Decision S180/20/10/0964C of 3 February and 24 March 2009 on the implementation of savings measures on public service numbers, more generally referred to as the moratorium on public sector recruitment. However, the terms of the moratorium provide that in exceptional circumstances recruitment may take place with the approval of the Minister for Finance. I am pleased to inform the Deputy that the Minister for Finance on 31 July 2009 approved the recruitment of 40 Recruit Prison Officers. These Recruit Officers reported for duty to the Prison Service Training & Development Centre on 24 August 2009.

Garda Retirement.

Paul Connaughton

Ceist:

718 Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform the level of retirements notified to An Garda Síochána for the period 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [31209/09]

I am informed by the Garda authorities that the number of Gardaí who have retired from the Force, both voluntarily and on age grounds, as at 31 December 2007 and 2008 and to date in 2009 was as follows:

Year

Number

2007

184

2008

259

2009

351

Garda Deployment.

Finian McGrath

Ceist:

719 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will respond to a query (details supplied). [31218/09]

I am informed by the Garda authorities that the areas referred to by the Deputy are covered by Clontarf and Whitehall Garda Stations. The personnel strength of these stations, as at the latest date for which figures are readily available, was as set out in the following table:

Station

Strength

Community Gardaí

Clontarf

81

7

Whitehall

52

5

Departmental Staff.

Niall Collins

Ceist:

720 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31232/09]

I can inform the Deputy that in accordance with Department of Finance guidelines, Civil Servants, as a general rule, should not receive additional remuneration for undertaking other duties in the public service such as serving as members of boards of agencies. However, the guidelines also stipulate that additional payments may be permitted for undertaking other work, subject to Department of Finance sanction in each case, if each of the following conditions is met:

(1) that the duties involved are neither a part nor an extension of the officer's normal duties, and

(2) that a rigid insistence on the principle of one person-one salary would deny scarce skills to the State, and

(3) that payment is permitted for one additional appointment only, and

(4) that in no case should payment exceed the normal fee for the activity concerned, and

(5) that the duration of such payment should be limited to one term or 5 years whichever is greater.

Officials of my Department are members of the following boards for which they receive remuneration:

The Parole Board (1 member)

The Legal Aid Board (1 member)

Courts Service Board (1 member)

All fees and expenses are paid in accordance with regulations. The Deputy should also note that there are other officials who are members of boards/agencies and not in receipt of remuneration.

Question No. 721 answered with Question No. 624.

Garda Stations.

Paul Kehoe

Ceist:

722 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the position with regard to unmanned Garda stations; if the Garda authorities will put fixed times for opening in order that the public in an area would know exactly when they could visit to get documents signed or talk to their local garda; and if he will make a statement on the matter. [31293/09]

I have requested the information sought by the Deputy from the Garda Commissioner. I will write to the Deputy directly when this information is to hand.

Garda Strength.

John O'Mahony

Ceist:

723 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the number of vacancies for sergeants in the western region Garda division; when these vacancies are to be filled, in tabular form; and if he will make a statement on the matter. [31307/09]

John O'Mahony

Ceist:

724 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the number of vacancies for superintendents in the western region Garda division; when these vacancies are to be filled, in tabular form; and if he will make a statement on the matter. [31309/09]

I propose to take Questions Nos. 723 and 724 together.

The personnel strength for the Western Region Garda Division, as at the latest date for which figures are readily available, included 23 at Superintendent rank and 213 at Sergeant rank. This compares with 23 at Superintendent rank and 218 at Sergeant rank at the end of January of this year. A vacancy has recently arisen at superintendent rank in the Western Region. The Commissioner will now be considering how best to address this and other vacancies elsewhere in the Force in the context both of the existing resources available to him and of the need to make an exceptional case for the lifting of the general moratorium on promotions in any particular cases.

Citizenship Applications.

Bernard J. Durkan

Ceist:

725 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of qualified stateless persons who applied for and obtained naturalisation or citizenship in each of the past five years to date in 2009; and if he will make a statement on the matter. [31312/09]

Bernard J. Durkan

Ceist:

735 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the criteria applied by his Department in the determination of the category known as stateless person with particular reference to the eligibility of this category of applicant for citizenship; and if he will make a statement on the matter. [31322/09]

Bernard J. Durkan

Ceist:

736 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of applicants for naturalisation who presented as stateless persons in each of the past five years to date in 2009; the number who qualify for and were approved for citizenship under this heading; the degree to which established criteria determining the category of statelessness was established; and if he will make a statement on the matter. [31323/09]

I propose to takes Questions Nos. 725, 735 and 736 together.

The number of qualified Stateless persons who applied for and obtained naturalisation in the past five years is one. The Irish Nationality and Citizenship Acts 1956 to 2004 define a Stateless person as being ‘within the meaning of the United Nations Convention relating to the Status of Stateless Persons of the 28th day of September, 1954'. The definition of a ‘Stateless Person' as outlined under this Convention is ‘a person who is not considered as a national by any State under the operation of it’s law’. Every application for a certificate of naturalisation is dealt with on an individual basis, if the applicant claims to be stateless then the citizenship laws of the country of origin, country of birth and any other country that may be involved are examined to determine whether the applicant is entitled to citizenship. It is only after these checks are completed will a determination on the nationality of the applicant be made. This assessment does not take place in cases where the application is ineligible or refused.

The Irish Nationality and Citizenship Act, 1956, as amended, applies to all applicants for a certificate of naturalisation and provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must:

be of full age;

be of good character;

have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years;

intend in good faith to continue to reside in the State after naturalisation;

have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

In the context of naturalisation, certain periods of residence in the State are excluded. These include:

periods of residence in respect of which an applicant does not have permission to remain in the State;

periods granted for the purposes of study;

periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

The number of applicants who presented as Stateless persons in the last 5 years is 23. Of these, 5 applications were approved, with 2 of the applicants determined to have a nationality other than Stateless, while 11 applications are pending a decision.

Public Order Offences.

Bernard J. Durkan

Ceist:

726 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of reported incidents of anti-social behaviour reported to each of the Garda stations throughout County Kildare in the past 12 months; the extent to which proceedings were initiated thereafter; and if he will make a statement on the matter. [31313/09]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Garda Operations.

Bernard J. Durkan

Ceist:

727 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of cases in respect of which the Criminal Assets Bureau has seized the assets of those involved in criminal activity; the number of cases pending; the number that have been resolved by agreement; the number currently contested; and if he will make a statement on the matter. [31314/09]

As is required by Section 21 of the Criminal Assets Bureau Act 1996, the Chief Bureau Officer is required to present me with an Annual Report of the activities of the Criminal Assets Bureau. Since the establishment of the Bureau twelve such reports have been published.

The specific statistics sought by the Deputy are not readily to hand and would require the expenditure of an inordinate amount of time and resources to collate. However, each Annual Report of the Criminal Assets Bureau provides other detailed statistics, including the number of applications made by the Bureau under the various provisions of the Proceeds of Crime Act, the Tax Code, the Social Welfare Code and the Criminal Code. The Annual Report is a publicly available document and is published on the Department's website at www.justice.ie. The Annual Reports are also laid before the Houses of the Oireachtas.

Crime Levels.

Bernard J. Durkan

Ceist:

728 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the statistics on crimes committed by persons while on bail with particular reference to members of known criminal gangs in each of the past four years to date in 2009; and if he will make a statement on the matter. [31315/09]

Bernard J. Durkan

Ceist:

730 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of persons known to the gardaí as being involved in criminal gangland activities who are currently on bail; the number of such persons who have been charged with homicides or grievous bodily harm; and if he will make a statement on the matter. [31317/09]

I propose to take Questions Nos. 728 and 730 together.

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Garda Equipment.

Bernard J. Durkan

Ceist:

729 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which the most modern communications technology is now available to gardaí at all Garda stations; and if he will make a statement on the matter. [31316/09]

Charles Flanagan

Ceist:

753 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if digital radio is available to An Garda Síochána on a national basis; and if not available on a national basis, the number of gardaí who have access to digital radio. [31407/09]

I propose to take Questions Nos. 729 and 753 together.

The rollout of the National Digital Radio System to the Garda Síochána commenced on a phased basis on 16th June, 2009. I am informed by Garda authorities that all Divisions within the Dublin Metropolitan Region were successfully migrated to the new system during July of this year. The next phase of rollout in the Eastern Region is now under way and is expected to be completed by the end of the year. I am further advised that a total of 5,904 Gardaí have access to the new digital radio service at this stage of the rollout. Nationwide rollout of the radio system is on schedule for completion by the second Quarter of 2011. In the meantime Garda authorities will continue to maintain the existing radio infrastructure as required in areas not yet covered by the new system.

Question No. 730 answered with Question No. 728.

Organised Crime.

Bernard J. Durkan

Ceist:

731 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of criminal gang leaders or principals that have so far been detained or charged on foot of 2009 legislation; and if he will make a statement on the matter. [31318/09]

The Criminal Justice (Amendment) Act 2009 sends out a clear message to those involved in criminal gangs that the Government will tackle them head on. Among the key provisions included in this Act are:

1. That all organised crime offences are scheduled offences for the purpose of the Offences Against the State Act so that they will be tried in the Special Criminal Court unless the Director of Public Prosecutions directs otherwise;

2. The creation of a new offence of directing or controlling a criminal organisation which carries a maximum sentence of life imprisonment;

3. The maximum penalty for the offence of participation or involvement in organised crime has been increased from 5 years to 15 years imprisonment;

4. With regard to all organised crime offences the Court will be enabled to draw inferences from failure to answer questions, failure to account for movements, actions, activities or associations;

5. The penalty for intimidation of a witness or juror has been increased from 10 years to 15 years' imprisonment.

The Government is committed to ensuring that the criminal law is effectively implemented and that the administration of justice is not interfered with through the intimidation of juries and witnesses. This new legislation provides the State with the measures to put these criminals in prison for long periods and help rid society of the scourge of organised crime gangs.

The Criminal Justice (Surveillance) Act 2009 provides a legal framework to allow covert surveillance material to be used in criminal trials. This Act provides a statutory framework for the operation of secret electronic surveillance to combat serious crime, as well as subversive and terrorist threats against the security of the State and builds in safeguards into its authorisation, duration and operation. The provisions of the Act include the admissibility as evidence of information obtained as a result of surveillance in criminal proceedings.

Multi-agency approaches have been and continue to be used where all of the National Units from National Support Services i.e. National Bureau of Criminal Investigation, Criminal Assets Bureau, Garda Bureau of Fraud Investigation (Money Laundering) and the Garda Technical Bureau, are used to combat serious crime. These Units are also supported by the Security and Intelligence Section who assist with intelligence briefings and timely information.

This integrated approach adopts best practice in implementing a coordinated use of Garda resources using available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness. The situation is being closely monitored and kept under constant review by senior Garda management in conjunction with Regional Assistant Commissioners and Heads of Units.

Garda Deployment.

Bernard J. Durkan

Ceist:

732 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of Garda stations throughout County Kildare operating with the full requirement of Garda personnel; the proposals to increase these numbers; and if he will make a statement on the matter. [31319/09]

Bernard J. Durkan

Ceist:

733 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of gardaí deployed and serving at each of the Garda stations throughout County Kildare; the way this corresponds with the number deployed in each of the past two years to date in 2009; the degree to which it is intended to restore such numbers to original or increased strength; and if he will make a statement on the matter. [31320/09]

I propose to take Questions Nos. 732 and 733 together.

I am informed by the Garda authorities, that the personnel strength of each Garda station throughout the Kildare Garda Division as at 31 December 2007 and 2008 and 31 July 2009, the latest date for which figures are readily available, was as set out in the following table. Resource levels are monitored on an ongoing basis by Garda Management in each District and Division, in conjunction with crime trends and other demands made on An Garda Síochána. The situation will be kept under review and the needs of the areas referred to by the Deputy will be fully considered within the overall context of the needs of policing requirements throughout the country.

Station

2007

2008

2009 to-date

Athy

18

25

28

Ballytore

1

2

2

Castledermot

2

2

3

Kildare

30

32

32

Monasterevin

5

6

5

Newbridge

33

35

35

Rathangan

4

4

4

Carbury

4

4

5

Celbridge

21

20

19

Kilcock

5

8

8

Leixlip

24

30

34

Maynooth

16

16

14

Ballymore Eustace

1

1

1

Clane

7

8

9

Kilcullen

4

4

4

Kill

3

3

3

Naas

98

107

108

Robertstown

5

2

4

Total

281

309

318

Criminal Offences.

Bernard J. Durkan

Ceist:

734 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of instances of witness or juror intimidation recorded in the past two years to date in 2009; the prosecutions taken; the number pending; and if he will make a statement on the matter. [31321/09]

There is a specific statutory offence of intimidation of members of a jury. Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten or in any other way intimidate or put in fear another person who is assisting in the investigation by An Garda Síochána of an offence, or is a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family, with the intention thereby of causing the investigation or the course of justice to be obstructed, perverted or interfered with.

I am informed by the Garda authorities that separate records are not maintained of offences under section 41 as between those directed against witnesses and those directed against jurors. Accordingly, the information available from the Gardaí covers both categories of individuals. The Deputy will appreciate that, of their nature, instances of intimidation of jurors are less likely to come to notice than instances of witness intimidation.

The following table shows the position with regard to the number of proceedings that have been commenced for offences under Section 41 of the 1999 Act for the period from 2007 to 10 September 2009.

Year

Proceedings

2009 (to 10 Sept.)*

14

2008

16

2007

16

*Figures for 2009 are provisional.

The statutory provisions available to counteract jury intimidation reflect the gravity of the offence. The Gardaí rigorously enforce these provisions and, of course, will continue to do so. Further legislative action has being taken, including a significant increase in the penalty following conviction for jury intimidation, in the context of the recent Criminal Justice (Amendment) Act 2009.

Questions Nos. 735 and 736 answered with Question No. 725.

Road Traffic Offences.

Bernard J. Durkan

Ceist:

737 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the revenue accruing to the local or National Exchequer through the imposition of penalty points in each of the past five years to date in 2009; and if he will make a statement on the matter. [31324/09]

Separate information on revenue accruing on foot of payments from fixed charge notices and court fines in connection with which penalty points were imposed in the past five years to date in 2009 is not readily available and could only be obtained by the expenditure of a disproportionate amount of staff time and resources. All moneys accruing from penalties for traffic offences are surrendered to the Exchequer as extra exchequer receipts and are accounted for in the Appropriation Accounts.

Proposed Legislation.

Denis Naughten

Ceist:

738 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 324 of 6 May 2009, the progress made on the drafting of the legal costs Bill and the family law Bill; and if he will make a statement on the matter. [31354/09]

The general schemes of a Legal Costs Bill and a Family Law Bill are being developed in my Department.

Sexual Offences.

Denis Naughten

Ceist:

739 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 48 of 27 May 2009, if he has received a report from the anti-human trafficking unit on the Immigrant Council of Ireland study; and if he will make a statement on the matter. [31355/09]

The position remains as set out in my reply to Parliamentary Question No. 381 of 7 July 2009. My Department is examining the Report commissioned by the Immigrant Council of Ireland in conjunction with relevant Departments/agencies and I expect to receive a report in relation to this matter later this year.

Departmental Expenditure.

Denis Naughten

Ceist:

740 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the projected annual cost, including security costs, for accommodating persons (details supplied); and if he will make a statement on the matter. [31382/09]

The Government has agreed with the US, as part of that administration's arrangements for the closure of the Guantanamo Bay detention facility, to accept the persons concerned for long term resettlement in Ireland. No decisions have been taken as yet as about their accommodation. It is also unclear how much support they will need in order to be resettled and to integrate successfully into life in this country. In these circumstances, it is not possible to give the projected annual cost sought by the Deputy. While there may be additional security costs, these are difficult to quantify at this juncture and, in any event, I do not believe that they will be in the order of magnitude as speculated when in the media recently.

Equality Policy.

Tom Hayes

Ceist:

741 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform if the review of the equality for women measure has been completed; if funding will soon be made available; and if he will make a statement on the matter. [31390/09]

The review of the Equality for Women Measure, necessitated by the extremely grave Exchequer position, has been completed. As a result, more limited funding was offered to the 38 community groups which had previously been recommended for funding under the "Access to Employment" strand of the Measure. To date, 35 of those groups have accepted this offer and are expected to receive a total of over €1 million in 2009 to enable them to work with disadvantaged women. This will enable the women clients to upskill with a view to their entering into formal training, education and employment. Discussions are ongoing with a further two groups while one group did not respond to the offer.

Garda Strength.

Charles Flanagan

Ceist:

742 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the personnel strength of the drugs unit in each Garda division in tabular form; and if he will make a statement on the matter. [31392/09]

I have been informed by the Garda Commissioner that the personnel strength of the Garda National Drugs Unit, on the latest date for which figures are readily available, was 59. The GNDU is based in Dublin Castle and deployed nationally to support Divisional Drugs Units as and when required. The personnel strength of the Drugs Unit in each Division, on the latest date for which figures are readily available, was as set out in the following table.

Division

Strength

D.M.R.S.C.

19

D.M.R.N.C.

14

D.M.R.N.

32

D.M.R.E.

10

D.M.R.S.

26

D.M.R.W.

37

Waterford

10

Wexford

13

Kilkenny/Carlow

9

Tipperary

10

Cork City

25

Cork North

8

Cork West

6

Kerry

11

Limerick

12

Donegal

12

Cavan/Monaghan

11

Sligo/Leitrim

8

Louth

6

Clare

6

Mayo

6

Galway

13

Roscommon/Longford

8

Westmeath

7

Meath

10

Kildare

6

Laois/Offaly

10

Wicklow

11

Total

356

Prison Education Service.

Charles Flanagan

Ceist:

743 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if prisoners’ literacy and numeracy skills are assessed; if State sponsored studies have been conducted in respect of prisoner literacy; the results shown of statistics studies in this area; the projects in place to deal with this issue; and if he will make a statement on the matter. [31393/09]

Educational services are available at all institutions and are provided in partnership with the VECs and a range of other educational agencies in the community. Broad programmes of education are made available which generally follow an adult education approach. The Department of Education and Science provide an allocation of whole-time teacher equivalents to the prisons through the VECs (220 in the academic year 2009/10). This allocation allows an extensive educational programme to be run in each institution and participation in education runs at around 50% of the prisoner population.

Literacy work has been a strong element of the prison education curriculum since the early 1980s. The literacy curriculum concentrates on the needs of the individual and respects the adult status of the student and his/her prior knowledge, skills and life experience. It is also concerned with improving self-esteem and building confidence.

The Irish Prison Service publication entitled "The Prison Adult Literacy Survey — Results and Implications" published in September 2003 is the most recent information available to my Department. The major results of the survey showed that a significant number of prisoners have virtually no literacy skills — 52% of them were at Level 1 or Pre-Level 1 literacy levels. More than twice as many prisoners are at the lowest level compared with the general population. An Adult Basic Education Development Worker has specific responsibility in the Prison Service for implementing and supporting initiatives in the area of literacy, numeracy and basic education.

A literacy action plan is prepared by the prison education centre of each prison. Literacy classes form an important part of the curriculum. Every effort is made to publicise the classes and encourage as many prisoners as possible to avail of them. Literacy work forms an element of more than just the timetabled literacy classes. All teachers are aware of literacy needs and these are accommodated by use of a themed literacy approach across the whole curriculum as well as vocational work and training activities. This is a very effective method of linking literacy to areas prisoners can engage with and is widely used in adult education.

The Irish Prison Service is implementing the new assessment framework devised by the National Adult Literacy Agency, "Mapping the Learning Journey". This assessment framework identifies learner progress, provides tangible feedback and indicates areas on which to focus. It is a useful tool for both learning and teaching.

Crime Levels.

Charles Flanagan

Ceist:

744 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2004; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31398/09]

Charles Flanagan

Ceist:

745 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2005; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31399/09]

Charles Flanagan

Ceist:

746 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2006; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31400/09]

Charles Flanagan

Ceist:

747 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2007; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31401/09]

Charles Flanagan

Ceist:

748 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2008; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31402/09]

Charles Flanagan

Ceist:

749 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded to date in 2009; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31403/09]

I propose to take Questions Nos. 744 to 749, inclusive, together.

I am informed by the Garda authorities that the following table sets out the number of murders recorded, proceedings commenced and convictions from 2004 to 2008 and in 2009 up to 14 September. Figures provided are provisional, operational and liable to change. The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that over time the number of convictions obtained will increase as Garda investigations are concluded and proceedings commenced are finalised by the courts, as there are inevitably time lapses between the commencement of a criminal investigation, proceedings being commenced and convictions secured. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.

Number of cases of murder recorded, proceedings commenced and convictions from 2004 to 2008 and in 2009 up to 14 September

Recorded

Proceedings Commenced

Convictions

313

183

91

Charles Flanagan

Ceist:

750 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of knife or similar bladed weapon murders recorded in each of the years from 2004 to date in 2009 in tabular form; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31404/09]

I am informed by the Garda authorities that the following table contains the number of cases of murder which involved the use of a knife, proceedings commenced and the number of convictions secured from 2004 to 2008 and in 2009 up to 14 September.

As the Deputy will be aware, these statistics come with a ‘Health Warning' and are easily misinterpreted for the following reasons: The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that in respect of each year the number of convictions obtained will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.

Legislation on the use of knives and similar weapons is extremely robust and heavy penalties are in place. The Garda Commissioner last year made recommendations in relation to knives and sharply pointed or bladed weapons, and subsequently the Criminal Justice (Miscellaneous Provisions) Act 2009 was enacted. The maximum penalty for possessing a knife in a public place has been increased from one to five years, and An Garda Síochána have been given an extended power of search without warrant in relation to knives and offensive weapons.

In tandem with the new legislation, samurai swords have been banned from importation and sale, though exceptions have been made for collectors and martial artists. Last February, the Garda Commissioner and I launched a Knife Awareness Campaign by An Garda Síochána to inform and educate young people on the dangers of carrying knives and with the aim of reducing the number of incidents of knife crime.

The number of murders recorded where a knife was involved, proceedings commenced and convictions from 2004 to 2008 and in 2009 up to 10 September

Recorded

Proceeding commenced

Convictions

105

86

44

Charles Flanagan

Ceist:

751 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of firearms murders recorded in each of the years from 2004 to date in 2009 in tabular form; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31405/09]

I am informed by the Garda authorities that the following table contains the number of cases of murder in which a firearm was used, proceedings commenced and the number of convictions secured from 2004 to 2008 and in 2009 up to 10 September.

As the Deputy is aware, these statistics by their nature, carry a significant health warning. The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that in respect of each year the number of convictions obtained will increase as Garda investigations are concluded and proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder, for example firearms offences. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.

Number of murders recorded in which a firearm was used, proceedings commenced and convictions from 2004 to 2008 and in 2009 up to 10 September

Recorded

Proceedings Commenced

Convictions

114

25

8

Garda Deployment.

Charles Flanagan

Ceist:

752 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of court presenters who have been appointed within the Garda Síochána; the way this scheme operates; the regularity with which it is used; and if he will make a statement on the matter. [31406/09]

Currently Garda court presenters operate in District Courts in the Dublin Metropolitan Region (except Balbriggan). The number of court presenters is outlined in the following table.

Court

Court Presenters / Staff

Bridewell (District Court 44, 45, 46)

9

Tallaght

2

Blanchardstown

2

Cloverhill

2

Swords

2

Dun Laoghaire

3

Total

20

On a defendant's first appearance in court, a sergeant who is assigned the role of court presenter tenders evidence of arrest, charge and caution, and subsequently deals with each appearance in the case up to, but not including, the final hearing date. An exception is made for probationer Gardaí, who are required to attend court to deal with their own first ten cases in order to obtain court experience.

Gardaí are of course required to attend court when requested, but where possible every case is dealt with by the court presenter up to the final hearing. In the event of the defendant pleading guilty the court presenter can deal with this case by giving a précis of evidence to the Court and apprising the Court of any previous convictions. If the defendant pleads not guilty then the member in charge of the case will appear in Court on the assigned date for hearing to prosecute the case.

Outside of the Dublin Metropolitan Region all criminal cases, whether by summons or charge sheet, are currently presented in the District Court by the local Superintendent or an Inspector acting on his or her behalf.

Question No. 753 answered with Question No. 729.

Garda Equipment.

Charles Flanagan

Ceist:

754 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of Garda stations which have access to audio equipment for recording interviews with suspects; and if he will make a statement on the matter. [31408/09]

I am advised by the Garda authorities that there are 251 interview rooms fitted with audio/video interview recording facilities in 146 Garda stations. Where a Garda station is not equipped with an audio/video system, a person to be interviewed in accordance with the Regulations will be taken to the nearest Garda station with such equipment.

In this regard it should be noted that it was never the intention that all Garda stations would be equipped to carry out audio/video recording of interviews. Rather the intention was that a sufficient number of interview rooms in Garda stations across the country be equipped to provide a broad nationwide coverage. In this context, the Garda authorities have advised me that a Garda survey indicates that at 31st May 2009 some 99.1% of interviews as specified in the Regulations were being recorded. Interviews are not recorded for a number of reasons including the arrested person declining to have the interview recorded or the equipment already being in use or otherwise unavailable.

Question No. 755 answered with Question No. 606.

Garda Strength.

Charles Flanagan

Ceist:

756 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the Garda strength and the number in training; the number of student and probationer gardaí as a percentage of the total Garda numbers; the number in each phase of training at Templemore College, County Tipperary; and if he will make a statement on the matter. [31411/09]

I am informed by the Garda Commissioner that the attested personnel strength of An Garda Síochána, for the latest date for which figures are readily available, was 14,564, including 831 probationer Gardaí who are in Phase IV of training.

In addition, the number of students in training was as follows:

Phase I — 104

Phase II — 223

Phase III — 274

This makes a total strength of 15,165 of which 5.48% are probationer Gardaí and 3.96% are student Gardaí.

Garda Deployment.

Charles Flanagan

Ceist:

757 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of civilians employed by the Garda Síochána; and if he will make a statement on the matter. [31412/09]

I am informed by the Gardaí Authorities that on the latest date for which figures are readily available, there were 2,131 whole time equivalent civilian staff in An Garda Síochána.

Charles Flanagan

Ceist:

758 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of community gardaí assigned in each county; and if he will make a statement on the matter. [31413/09]

I am informed by the Garda Commissioner that, as of the latest date for which figures are readily available, the total number of Community Gardaí was 874. While all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise, the total number of dedicated Community Gardaí in each Division was as set out in the table hereunder:

Division

Community Gardaí

D.M.R.S.C.

74

D.M.R.N.C.

173

D.M.R.N.

75

D.M.R.E.

40

D.M.R.S.

57

D.M.R.W.

87

Waterford

15

Wexford

9

Kilkenny/Carlow

30

Tipperary

22

Cork City

31

Cork North

2

Cork West

5

Kerry

8

Limerick

94

Donegal

19

Cavan/Monaghan

8

Sligo/Leitrim

6

Louth

12

Clare

8

Mayo

8

Galway

16

Roscommon/Longford

6

Westmeath

15

Meath

7

Kildare

17

Laois/Offaly

10

Wicklow

20

Total

874

Garda Reserve.

Charles Flanagan

Ceist:

759 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Reserve who have been recruited; the number currently in training; and if he will make a statement on the matter. [31414/09]

The number of attested members of the Garda Reserve as at 31st July 2009 was 405. The number of Garda Reserves in training on that date was 151. The Government is strongly committed to the development of the Reserve. Recruitment to the Reserve is continuing and regular promotional campaigns to attract Reserve members are being undertaken. The moratorium on recruitment and appointments in the public service does not apply to the Garda Reserve.

Prisoner Deaths.

Charles Flanagan

Ceist:

760 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of prisoners who have died in custody each year for the past four years and to date in 2009 in tabular form; the prison or Garda station that each of the deceased was held in immediately before or at the time of their death; and if he will make a statement on the matter. [31415/09]

The following table shows the number and breakdown by institution of deaths in prison custody each year for the past four years and to date in 2009.

Year

Deaths in Custody

Prison / Location

2009 to date

8

Arbour Hill (1)

Castlerea (1)

Cloverhill (1)

Limerick (1)

Midlands (1)

Mountjoy (3)

2008

11

Arbour Hill (2)

Cloverhill (1)

Cork (1)

Limerick (2)

Loughan House (2)

Mountjoy (3)

2007

7

Limerick (1)

Midlands (1)

Mountjoy (3)

Portlaoise (1)

Training Unit (1)

2006

12

Arbour Hill (1)

Castlerea (1)

Cloverhill (2)

Limerick (1)

Midlands (2)

Mountjoy (4)

St. Patrick’s (1)

2005

9

Cloverhill (2)

Cork (1)

Loughan House (1)

Midlands (2)

Mountjoy (2)

Portlaoise (1)

All deaths in prison custody are the subject of a Garda investigation and an inquest held in a Coroner's Court. The cause of death is determined by a jury on the basis of the information presented to the Court. Of the total number of deaths in custody since 2005, the cause of death has been determined formally in twenty eight cases. Nine deaths were attributed to natural causes, nine were classified as deaths by misadventure, three were classified as open verdicts, three were classified as suicide, two were classified as accidental and a narrative verdict was recorded in two cases.

There are strategies and plans in place in all institutions for the prevention of suicides. The circumstances of each death in prison custody are also examined by a multi-disciplinary group in each institution. Their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future. In addition, the Irish Prison Service Steering Group for the Prevention of Self-Harm and Death in the Prison Population provides a forum for collating the reports of the local groups and disseminating significant findings throughout the prison system.

Deaths in Garda Custody refer to a death which takes place after a person comes into the custody and control of a Garda and before leaving the custody and control of a Garda. Thus it includes, for example, a death at any time from the time of arrest, including the handing of a person into the care of a hospital for treatment, or prison while under the control of a Garda.

Prior to the establishment of the Garda Síochána Ombudsman Commission, investigations into deaths occurring in Garda custody were carried out by a Superintendent from outside the Garda Division, appointed by the Divisional Officer. The Garda Síochána Ombudsman Commission commenced operations on 9 May 2007. Section 102(1) of the Garda Síochána Act 2005 states that the Garda Commissioner shall refer to the Ombudsman Commission any matter that appears to the Garda Commissioner to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person.

The following table shows the number of deaths of person in Garda custody recorded by An Garda Síochána for 2005-2009 (10th September 2009):

Year

Deaths In Garda Custody

Garda Station/Location

2009

1

Navan Garda Station

2008

0

Nil

2007

6

(1) Store Street Garda Station

(2) Tralee Garda Station

(3) Togher Garda Station

(4) Naas Garda Station

(5) Terenure Garda Station.

(6) 8 MacSweeny Villas, Gurranabraher, Cork — the person died as a Search Warrant was being executed at this address

2006

2

Waterford Garda StationCoolock Garda Station

2005

2

Monaghan Garda StationStore Street Garda Station

Proposed Legislation.

Charles Flanagan

Ceist:

761 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he will progress legislation in respect of spent convictions; and if he will make a statement on the matter. [31416/09]

The Spent Convictions Bill 2007 is now awaiting Committee Stage in the Dáil, having completed Second Stage on 18 December 2008.

Restorative Justice Programme.

Charles Flanagan

Ceist:

762 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the locations at which the restorative justice programme is used; if he will roll out the programme further; and if he will make a statement on the matter. [31417/09]

There are two adult schemes currently operating in Nenagh, Co. Tipperary and in Tallaght, Dublin 24 which are funded by my Department, through the Probation Service and which operate on the principles of restorative justice (RJ) with the twin aim of attempting to heal the harm done to victims and at the same time holding the offender accountable for his or her actions.

In the case of juveniles, restorative justice was introduced on a statutory basis for the first time in the Children Act 2001. There are two restorative justice initiatives provided for in the Act: A restorative conference or restorative caution included in the Garda Diversion Programme and a court-ordered restorative justice family conference delivered through the Probation Service.

The Garda Diversion Programme operates in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The aim of the Diversion Programme is to deal with young people who offend, by way of administering a formal or informal caution, thus diverting the offender away from the courts and minimising the likelihood of further offending. The programme embraces, whenever possible, the principles of restorative justice and, at all times, it pays the highest regard to the needs of the victims. The programme has proven to be successful in diverting young persons away from crime by offering guidance and support to the young people and their families. This programme operates nationwide.

Family conferencing administered by the Probation Service at the request of the Courts under Sections 78-87 of the Children Act, 2001 is another restorative practice and is available on a national basis. A family conference is based on the principles of restorative justice. The aim of the family conference is to divert the young person, who has accepted responsibility for his or her behaviour, from Court, from conviction and custody and from committing further offences.

As the Deputy will be aware a National Commission on Restorative Justice chaired by Judge Mary Martin was asked to look at this whole area. I am glad to tell the Deputy that I recently received the final report of this Group. The report and its recommendations are currently being examined by my Department having regard to resource and funding implications and against the background of the range of other non-custodial measures available to the courts. I will be bringing my proposals to Government in due course.

Liquor Licensing Laws.

Charles Flanagan

Ceist:

763 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of prosecutions and convictions which have been secured in respect of the offence of selling alcohol to minors each year for the past four years and to date in 2009 in tabular form; and if he will make a statement on the matter. [31418/09]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Departmental Staff.

Charles Flanagan

Ceist:

764 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of additional posts which have been created in the State forensic laboratory since the publication of the Kopp report; and if he will make a statement on the matter. [31419/09]

Professor Ingvar Kopp (former head of the Swedish Forensic Science Laboratory) was engaged by my Department to review the resource needs of the Forensic Science Laboratory (FSL). Professor Kopp's report was published in January 2008. On foot of its recommendations a wide-ranging and comprehensive recruitment campaign for the FSL was undertaken in 2008 and resulted in 12 new Forensic Scientists and 14 new Laboratory Analysts being recruited. In addition an Assistant Principal IT Manager was assigned to the FSL in December 2008. This represents a step-change in the capacity of the Laboratory.

Prison Building Programme.

Sean Sherlock

Ceist:

765 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the status of the proposed prison to be built at Kilworth, County Cork; and if he will make a statement on the matter. [31536/09]

This project is to replace Cork Prison with a modern prison complex at Kilworth, County Cork. Agreement has been reached with the Department of Defence to acquire about 160 acres at Kilworth, County Cork for a new prison development. Government approval for the transfer of the land has also been obtained.

The Prison Service commissioned a preliminary site suitability report. This involved a range of surveys such as archaeology, flora and fauna, road/infrastructure, topography etc. This preliminary site suitability report has confirmed that there are no significant constraints to the development of this site. While the project has not advanced to detailed design stage, the Irish Prison Service estimate that the capacity of the new prison will be in the region of 450 spaces, 400 male and 50 female. These figures will be reviewed as the project progresses to detailed design stage and in light of prisoner population surveys.

In accordance with Department of Finance Capital Appraisal Guidelines a preliminary outline case has been completed and approved by the Prisons Authority Interim Board. The next step in the appraisal process is the preparation of a detailed business case for the project which will examine the various procurement options including the Public Private Partnership option. The advice of the NDFA will be sought in relation to these issues in due course.

Commencement of Legislation.

Ciaran Lynch

Ceist:

766 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform when section 132 of the Land and Conveyancing Law Reform Act 2009 in respect of the removal of the upward-only restriction on rent reviews will be implemented; and if he will make a statement on the matter. [31553/09]

When Section 132 of the Land and Conveyancing Law Reform Act 2009 was brought forward in July, I made it clear that an appropriate period of time would be needed to allow the market to factor in the very significant changes which were being introduced. That remains the position. While I have taken no final decision on a commencement date, I would note that the section will not be commenced before 1 December at the earliest as that is the date which has been chosen for other sections in the Act.

Departmental Programmes.

Michael Ring

Ceist:

767 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the number of people who applied for a programme (details supplied); and if he will make a statement on the matter. [31561/09]

Michael Ring

Ceist:

768 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the number of people who were returned to their country of origin under a programme (details supplied) for the period 1 January to 31 December 2008 and from 1 January to date in 2009; and if he will make a statement on the matter. [31562/09]

Michael Ring

Ceist:

769 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the cost involved in a programme (details supplied) for the period 1 January to 31 December 2008 and from 1 January to date in 2009, isolating the costs for the individuals returned and associated costs of them being accompanied and so on; and if he will make a statement on the matter. [31563/09]

Michael Ring

Ceist:

770 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the countries of origin from which applicants for a programme (details supplied) were returned during the period 1 January to 31 December 2008 and from 1 January to date in 2009; and if he will make a statement on the matter. [31564/09]

I propose to answer Questions Nos. 767 to 770, inclusive, together.

One of the options open to persons faced with the prospect of having a Deportation Order issued in respect of them is that they can seek to return voluntarily to their country of origin. Asylum seekers and irregular migrants from non-EU countries who agree to return voluntarily to their countries of origin but do not have the financial means or in some instances the necessary documentation to do so, can obtain assistance through the Voluntary Assisted Return and Re-integration Programme (VARRP). This Programme is funded by my Department and managed by the International Organisation for Migration (IOM).

In 2008, a total of 566 applications were received under the VARRP, representing 809 individuals. Between 1st January and 31st August, 2009 a total of 391 applications were received, representing 624 individuals. In 2008, 436 people were assisted through the VARRP to return to their home countries, while in the period January-August 2009 a total of 295 have returned under the Programme.

The full cost of the VARRP in 2008 was €1,239,065 of which €483,063 was expended on operational costs with the balance being attributed, in the main, to staff and office costs. It is anticipated that a similar breakdown between operational costs and staff and office costs will be the outcome of the 2009 programme when the full year figures become available. People returning under the VARRP are provided with assistance by IOM staff during their departure through the airport, and in their country of return by locally based staff, if required. However, IOM staff do not accompany those returning except in very exceptional circumstances, e.g. unaccompanied minors or medical cases. Cases of this nature would generally arise on no more than two or three occasions in any one year.

The countries to which people voluntarily returned under the VARRP in 2008 were: Albania, Algeria, Botswana, Brazil, China, Croatia, Egypt, Ethiopia, Georgia, Ghana, Hong Kong, Indonesia, Iraq, Israel, Kenya, Kosovo, Libya, Malawi, Malaysia, Mali, Mauritius, Moldova, Mongolia, Nigeria, Pakistan, Philippines, Russia, Serbia, South Africa, Sri Lanka, Syria, Uganda, Ukraine.

To date in 2009 the countries of return under the Programme include:- Brazil, Moldova, Georgia, Nigeria, Ukraine, Russia, Iran, Iraq, South Africa, China, Congo, Croatia, Benin, Malaysia, Columbia, Mongolia, Argentina, Armenia, Afghanistan, Australia, Bolivia, Guinea, Israel, Kazakhstan, Kosovo, Mauritius, New Zealand, Serbia, Sri Lanka, Sudan, Swaziland, United Emirates, Pakistan, Philippines.

Departmental Expenditure.

Damien English

Ceist:

771 Deputy Damien English asked the Minister for Justice, Equality and Law Reform the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31581/09]

I wish to direct the Deputy to the replies to Parliamentary Question Nos. 382 of 22 April 2008, 194 to 196 of 5 June 2008 and 305 and 306 of 23 June 2009. I can also inform the Deputy that in October 2008 my Department ran two awareness raising campaigns concerning (a) Fireworks, at a total cost of €150,320 and (b) Anti-Human Trafficking, at a cost of €129,566, exclusive of VAT. In addition to these campaigns my Department made funding of €45,980 available to Ruhama in 2008 in order to develop a television advertising campaign to promote awareness of Human Trafficking. Awareness raising initiatives such as this were recommended in the National Women's Strategy 2007-2016.

In the time available it has not been possible for An Garda Síochána and the Garda Síochána Ombudsman Commission to compile the information requested by the Deputy. When this information comes to hand I will forward it to him.

Departmental Programmes.

David Stanton

Ceist:

772 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform the cost of administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31715/09]

The administration of the Cycle-to-Work scheme has been carried out within existing resources and no additional costs have arisen.

Citizenship Applications.

Willie Penrose

Ceist:

773 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the reason for the delay in the case of a person (details supplied) in County Offaly who applied for naturalisation; if steps will be taken to ensure that same is dealt with without further delay; and if he will make a statement on the matter. [31788/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in February 2006. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application has been finalised and the file will be submitted to me for a decision shortly.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks and the time taken waiting for resources to become available to perform those checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Garda Deployment.

Finian McGrath

Ceist:

774 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the position regarding a matter (details supplied). [31819/09]

I am informed by the Garda Commissioner that the area referred to by the Deputy is covered by Coolock Garda District. The personnel strength of that District, as of the latest date for which figures are readily available, was 249. The area is subject of regular patrols by uniform and plain-clothes personnel, including the local Community Policing and Garda Mountain Bike Units, the District Detective and Drug Units, supplemented by the Divisional Task Force and Traffic Corps personnel. Two (2) members of the Community Policing Unit are allocated specifically to the area referred to. Complaints received by An Garda Síochána relating to public disorder and other anti-social type behaviours, are subject of investigation and offenders are dealt with by way of behaviour warnings (adult or child), public order fixed charge notices, civil orders and criminal prosecutions.

Current policing policy in the Coolock area is predicated on the prevention of public order offences, the prevention of crime, including crimes of violence against persons and property, and the maintenance of an environment conducive to the improvement of quality of life of the residents of the area.

Ministerial Expenses.

George Lee

Ceist:

775 Deputy George Lee asked the Minister for Justice, Equality and Law Reform the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31949/09]

The information sought by the Deputy is only available from 1998 onwards. The expenditure in question relates for the most part to travel and subsistence expenses incurred by the office holders, while away from home, during the periods in question.

Year

Expenses paid

Ms. Mary Wallace T.D , Minister of State

1998

28,731

1999

23,268

2000

43,672

2001

1,023

2002

69,404

Mr. Willie O’Dea T.D., Minister of State

2002

15,576

2003

24,678

2004

28,832

Mr. Frank Fahey T.D., Minister of State

2005

33,462

2006

36,294

2007

21,043

Mr. Conor Lenihan T.D., Minister of State

2007

7,195

2008

22,264

Mr. Sean Power T.D., Minister of State

2007

15,547

2008

25,451

Mr. John O’Donoghue, T.D.,

1998

4,147

1999

1,103

2000

8,213

2001

6,008

2002

3,577

Mr. Michael McDowell, T.D.,

2004

3,633

2005

2,510

2006

3,166

2007

3,401

Mr. Brian Lenihan, T.D.,

2008

3,341

Visa Applications.

Mary O'Rourke

Ceist:

776 Deputy Mary O’Rourke asked the Minister for Foreign Affairs if he will review the case of a person (details supplied). [30087/09]

I am informed that the visa referred to was issued on 20 July 2009 through the Irish Honorary Consul in Manila.

International Agreements.

Aengus Ó Snodaigh

Ceist:

777 Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will seek the negotiation and conclusion of an international mechanism to deal with depleted uranium similar to recent initiatives in relation to cluster munitions; and if he will make a statement on the matter. [30150/09]

Ireland does not possess — and never has possessed — any weapons, armaments or ammunition containing depleted uranium. Ireland shares concerns which have been raised at the UN General Assembly about the potential risks related to the use of depleted uranium in armaments and munitions. We voted in favour of UN resolutions on depleted uranium in 2007 and in 2008.

In 2008, Resolution 63/26 called on the Secretary-General of the UN to request “relevant international organizations to update and complete, as appropriate, their studies and research on the effects of the use of armaments and ammunitions containing depleted uranium on human health and the environment.”

The resolution also called on Member States to “facilitate such studies and research, and to communicate to the Secretary- General their views on the effects of the use of armaments and ammunitions containing depleted uranium.”

In follow-up to that resolution, Ireland recently submitted a report to the UN Secretary-General setting out our views. The report mentioned our concerns about the potential harmful effects of the use of armaments and ammunition containing depleted uranium and the impact they could have on human health and the environment.

Ireland will continue to monitor this issue closely, especially in relation to the studies and research by relevant international organisations and any developments in the analysis of risks associated with the use of depleted uranium. The work of civil society in this area is also important. We maintain contact with NGOs such as the International Campaign to Ban Uranium Weapons (ICBUW). Officials from my Department met a delegation from ICBUW in Dublin in June 2009.

Finian McGrath

Ceist:

778 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will respond to queries (details supplied). [30243/09]

On Friday, 2 October, the Irish people will be asked to endorse a package on the Lisbon Treaty that is fundamentally different from that of June 2008. One key change in the new package is the indefinite retention of Ireland's EU Commissioner. A series of binding legal guarantees ensures further protection in other areas of national sensitivity.

During last year's referendum, the retention of an Irish Commissioner was a central issue. The Conclusions of last June's European Council provide that, if the Treaty of Lisbon enters into force, the European Council will take a decision to ensure that the Commission will continue to include one national of each Member State. This requires that the Lisbon Treaty be ratified, as the existing Treaties will necessitate a reduced Commission from November 2009 onwards. Any future change to this decision would require a unanimous decision, which means that this could be blocked by Ireland or any other Member State. The other element of the new package is the set of binding legal guarantees on the right to life, education and the family, taxation and Ireland's traditional policy of military neutrality.

The legal guarantees make explicit that "[t]he Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality." The Treaty envisages that Member States will provide aid and assistance to another EU Member State which is the victim of armed aggression. However, it states that the obligation of aid and assistance shall not prejudice the specific character of the security and defence policy of each Member State. Our legal guarantee further states that "it will be for Member States—including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality—to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory".

There is no obligation, therefore, to provide military support. Any action taken by Ireland must respect the relevant provisions of the Constitution and the relevant legislation, including provisions of the Defence Acts relating to UN authorisation and Dáil approval. These will be unchanged by the Lisbon Treaty. The guarantee on security and defence is reinforced by the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009, which would carry forward the existing constitutional ban on participation in a common European defence.

In relation to the Deputy's query about Permanent Structured Cooperation, I would note that Permanent Structured Cooperation only permits a group of Member States to develop higher-end military capabilities for ESDP missions and more extensive co-operation in such areas as training, equipment, and logistics. It has the potential to provide significant benefits in the form of enhanced capabilities for UN-mandated, EU crisis management missions as well as for peacekeeping missions under direct UN command. Permanent Structured Cooperation would be established by qualified majority vote.

The following point is critical, however: under the Lisbon Treaty no mission, including one utilising Permanent Structured Cooperation, may be launched without the unanimous approval of the Council. Ireland will always have a veto over any operation which might be launched by the Union.

Ireland is not obliged to participate in Permanent Structured Cooperation. This is confirmed in our legal guarantee, which states "[i]t is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation".

The provisions of the Treaty, reinforced by the legal guarantees, make clear that our traditional policy of military neutrality would not be prejudiced by the entry into force of the Treaty. At the same time, the Treaty would ensure that the Defence Forces continue to occupy the position they have occupied for more than 50 years, at the forefront of peace support missions on behalf of the UN around the globe.

The legally binding nature of the guarantees obtained by Ireland at the European Council last June is beyond question. The guarantees, which take the form of a Decision of the Heads of State or Government, meeting within the European Council, constitute an international agreement, binding in international law. This was stated explicitly by the Heads of State or Government when they reached agreement in June 2009. The international agreement will take effect on the date of entry into force of the Lisbon Treaty, should next month's referendum be passed.

At the time of the conclusion of the next accession Treaty, the legal guarantees will be set out in a Protocol to the Treaty on European Union and the Treaty on the Functioning of the European Union. As a Protocol, the legal guarantees will enjoy the same status in EU law as the Treaties. They will form part of the fundamental law of the Union. I am satisfied that the new package we have obtained from the other Member States of the EU will give many who voted No last year the reassurance they require on sensitive issues to do with the right to life, education and the family; taxation; and defence and security. The legal guarantees on security and defence is given below, for the sake of completeness.

Security and Defence

The Union's action on the international scene is guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.

The Union's common security and defence policy is an integral part of the common foreign and security policy and provides the Union with an operational capacity to undertake missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter.

It does not prejudice the security and defence policy of each Member State, including Ireland, or the obligations of any Member State.

The Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality.

It will be for Member States — including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality — to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory.

Any decision to move to a common defence will require a unanimous decision of the European Council. It would be a matter for the Member States, including Ireland, to decide, in accordance with the provisions of the Treaty of Lisbon and with their respective constitutional requirements, whether or not to adopt a common defence.

Nothing in this Section affects or prejudices the position or policy of any other Member State on security and defence.

It is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation or the European Defence Agency.

The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation.

It does not affect the right of Ireland or any other Member State to determine the nature and volume of its defence and security expenditure and the nature of its defence capabilities.

It will be a matter for Ireland or any other Member State, to decide, in accordance with any domestic legal requirements, whether or not to participate in any military operation.

Overseas Development Aid.

Finian McGrath

Ceist:

779 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied). [30268/09]

Pat Breen

Ceist:

780 Deputy Pat Breen asked the Minister for Foreign Affairs if he will report on the position regarding overseas aid; if he will reach the target of spending 0.7% of GNI on overseas aid by 2012; and if he will make a statement on the matter. [30468/09]

Finian McGrath

Ceist:

782 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied). [30718/09]

I propose to answer Questions Nos. 779, 780 and 782 together.

Ireland spent €920 million on Official Development Assistance (ODA) in 2008. This represents approximately 0.59% of our Gross National Product (GNP) and makes Ireland one of the most generous donors in the world on a per capita basis. This is an enormous achievement of which we should all be justifiably proud. For 2009 the total budget for ODA is expected to reach €696 million which, on current projections, will represent at least 0.48% of Ireland's GNP.

The Government very much regrets it has been necessary to reduce the ODA budget for 2009. As with all budget cuts across Government Departments, our sole objective is to ensure the stabilisation of the Public Finances. This is a requirement for the resumption of economic growth, which is the only sustainable way Ireland can meet its future ODA commitments.

The ODA budget for this year of €696 million will likely leave Ireland as the sixth largest aid donor internationally, in per capita terms. It will now be more difficult to achieve the Government's target of spending 0.7% of GNP on ODA by 2012. However, the Government continues to work towards the target and will make a full assessment of our capacity to achieve it in the context of the preparation of the 2010 Budget. It is important to note that Ireland is still significantly ahead of all but a few EU Member States in making progress towards achieving the broad EU 0.7% target in 2015.

The decisions which have been taken to adjust the programme have been framed in the context of Ireland's firm commitment to the world's poorest and our determination that, once the Irish economy has returned to a pattern of sustainable growth, we will resume the expansion of our aid programme. Ireland's programme of development assistance is renowned internationally for its quality and clear focus on the reduction of poverty and hunger, and on the least developed countries, especially in sub-Saharan Africa. The Government is determined, now more than ever, that the programme will maintain this focus and will continue to make a positive and lasting difference to millions of poor people, especially in Africa.

Human Rights Issues.

Finian McGrath

Ceist:

781 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support trade unionists (details supplied) in Colombia. [30655/09]

Ireland attaches importance to the work of trade unionists in Colombia, and condemns all acts or threats of violence against trade union organisations and individuals there. We raised the issue of human rights in Colombia during the Human Rights Council's Universal Periodic Review on Colombia in December 2008. Specifically, we recommended that the Colombian Government implement its existing legislation in full, sanction unsubstantiated allegations against individual activists, strengthen the protection provided to individuals and investigate and punish crimes against them.

Ireland, along with its EU partners, monitors the human rights situation in Colombia and raises issues including human rights abuses impacting on trade unionists with the Colombian authorities through the ongoing EU-Colombia dialogue on human rights and in regular contacts at political level. The Government will continue to monitor the situation in Colombia through our Embassy in Mexico City, which is accredited to Colombia, as well as in cooperation with our EU partners with resident diplomatic missions in that country.

Question No. 782 answered with Question No. 779.

Consular Services.

Finian McGrath

Ceist:

783 Deputy Finian McGrath asked the Minister for Foreign Affairs the position regarding the case of a person (details supplied) in Dublin 3. [30727/09]

My Department first became aware of the arrest of the person mentioned by the Deputy by the Cambodian authorities, in June 2009. As we have no resident Embassy in Cambodia, our Embassy in Vietnam, which is also accredited to Cambodia, sought assistance from the British Embassy, to visit the person concerned and to provide all possible consular assistance on our behalf. My Department has since been involved in efforts to assist the person concerned and I will communicate directly with the Deputy on the matter.

Middle East Peace Process.

Chris Andrews

Ceist:

784 Deputy Chris Andrews asked the Minister for Foreign Affairs his views on the decision by the Israeli Government to formally approve the construction of more than 450 new homes in the occupied West Bank in view of the fact that this move is in direct conflict with the road map for peace and nullifies any future settlement freezes. [31035/09]

Intensive US-led efforts have been continuing in recent months to put in place the conditions that would allow for the resumption of direct Israeli-Palestinian negotiations. The US envoy to the Middle East, Senator George Mitchell, has been working closely with both parties in order to generate a sense of momentum and to restore Israeli and Palestinian confidence in the merits of peaceful engagement. This has been a delicate and difficult process and has involved significant diplomatic work on the ground in Israel and the Occupied Palestinian Territories. EU Foreign Ministers, at their recent informal meeting in Stockholm which I attended, made clear the EU's full support for these efforts. There is still some hope that the recent diplomatic efforts will culminate in a tripartite meeting between President Obama, President Abbas and Prime Minister Netanyahu at the UN General Assembly later this month which might re-launch the peace process and direct Israeli-Palestinian negotiations which have been suspended since last December.

The primary obstacle to the resumption of negotiations so far has been continued illegal Israeli settlement expansion in the West Bank. Palestinian leader Mahmoud Abbas has made it clear that he is not prepared to meet with his Israeli counterparts until there has been a genuine and complete freeze on settlement building. Senator Mitchell has expended considerable effort on trying to strike a deal with the Israeli Government on such a settlement freeze. Promisingly, there have been indications in recent weeks that Israeli Prime Minister Binyamin Netanyahu may be prepared to agree to a freeze in some form so that peace talks could resume.

The current efforts to re-launch peace negotiations have, however, been undermined to some extent by the decision of the Israeli Defence Ministry last week to give approval for the construction of 450 new homes in the occupied West Bank. This decision is difficult to reconcile with the current US-led efforts and threatens to erode the goodwill that has been carefully cultivated in recent weeks. It also undermines the position of moderate Palestinian leaders seeking to justify peaceful engagement with Israel.

Both the EU, in a Declaration issued on 8 September, and the US have clearly expressed their disappointment over this particular settlement expansion plan. UN Secretary General Ban Ki Moon has also made his displeasure about the move known. Ireland's position is very clear. Israeli settlement building, whether in East Jerusalem or in the West Bank, is illegal under international law and represents a primary obstacle to the two-State solution. Continued expansion of these settlements undermines the viability of a Palestinian State and makes the realisation of that goal harder to achieve.

Moreover, the daily and cumulative injustices and humiliations which the whole settlement process entails for the Palestinian population serve to increase the risk of another large scale descent into violence. Within the context of the EU, Ireland has long been among the most active Member States in ensuring that these concerns about settlement expansion are made known to the Israeli Government at every opportunity. I have also personally raised my deep concerns about the issue directly with Israeli leaders and officials.

Prime Minister Netanyahu, in a significant move for a leader of the Likud Party, indicated earlier this year his conditional acceptance of the objective of a two-State solution. The international community is now awaiting evidence of deeds to match those words. Settlement expansion cannot be reconciled with the goal of a viable two-State solution. I would now call on Prime Minister Netanyahu and his Government to provide further clear evidence of their determination to take the difficult decisions that are needed for peace.

Human Rights Issues.

Pat Breen

Ceist:

785 Deputy Pat Breen asked the Minister for Foreign Affairs the position regarding Zimbabwe; if discussions have taken place at EU level regarding the lifting of international sanctions against Zimbabwe; and if he will make a statement on the matter. [31193/09]

The situation in Zimbabwe continues to be of great concern to the Government and to the European Union as a whole. The formation of a unity government in Zimbabwe in February though it fell well short of the solution required for Zimbabwe's problems, was nonetheless a sign of some modest political progress. However, seven months on, and despite some improvements in the economic sphere, the situation in Zimbabwe remains very fragile. I am gravely concerned by reports of continuing human rights violations, arbitrary arrests, torture of prisoners and abuse of the rule of law. The lack of real progress on many issues vital to Zimbabwe's recovery and the failure to reform media laws to allow for meaningful press freedom are causes of ongoing concern.

A particular concern is the continued failure of President Mugabe to address the issue of senior government appointments in a manner consistent with the September 2008 power-sharing agreement. The retention of Gideon Gono as Governor of the Reserve Bank of Zimbabwe and Johannes Tomana as Attorney General is detrimental to the interests of the country; their removal is vital to the building of confidence among international donors and investors.

Ireland has worked closely with our EU partners in developing a consistent approach to Zimbabwe. In keeping with other international donors, we do not provide funding to the Zimbabwean Government, but respond to the humanitarian needs of the Zimbabwean people through support for the work of multilateral and non-governmental organisations. Thus far in 2009, Ireland has committed funding of over €5 million to a range of humanitarian programmes in Zimbabwe, focussed on food security, tackling HIV and AIDS and supporting civil society organisations who provide essential services for the population.

The EU has repeatedly stated its willingness to re-engage with the Zimbabwean Government. Re-engagement, however, remains conditional on the agreed goals set out in the power-sharing agreement being met. These include full access to humanitarian assistance, restoration of the rule of law, commitment to the democratic process, respect for human rights and commitment to macroeconomic stabilisation.

Following the visit to Brussels last June by Zimbabwe's Prime Minister Morgan Tsvangirai, a high-level European delegation travelled to Zimbabwe last weekend, the first such visit in seven years. The EU delegation said relations with the country were entering a "new phase" but full cooperation hinged on the implementation of a power-sharing deal. The delegation noted that the Global Political Agreement (GPA) was an important step forward, but that much still needs to be done. The delegation also said that the EU will not consider lifting targeted sanctions against Zimbabwe until sufficient progress is made on the implementation of the GPA, in particular until human rights abuses are ended.

Zimbabwe's neighbours have a critical role to play in encouraging reform, and can bring the greatest influence to bear in achieving progress in implementing the power sharing agreement. It is disappointing therefore that the discussions on the implementation of the GPA that were scheduled to take place at the recent Summit of the Southern African Development Community (SADC) in Kinshasa, which President Mugabe attended, were deferred.

Ireland and the EU will continue to monitor the situation, and maintain contacts with key African partners, including the African Union and the Southern African Development Community. It is vital for the future of Zimbabwe that the unity government delivers on the promise of reform, and secures for Zimbabwe's people real political freedoms, a return to the rule of law and economic development. Ireland will continue to work with our partners in the international community to encourage progress in these areas.

Official Engagements.

Pat Breen

Ceist:

786 Deputy Pat Breen asked the Minister for Foreign Affairs if he will report on his recent visit to Sudan; and if he will make a statement on the matter. [31194/09]

I can assure the Deputy that the Irish Government has been making every possible effort to secure the release of Ms Sharon Commins and her fellow Goal development worker, Ms Hilda Kawuki, since their original abduction on Friday 3 July. I visited Sudan on the 6th and 7th of September to discuss with the Sudanese authorities the efforts that are being made to ensure safe return of Sharon and that of her colleague to their families.

During my recent visit I met with the Minister for Humanitarian Affairs, who is coordinating the Sudanese efforts, the UN Deputy Special Representative, the Minister for Foreign Affairs, and the Presidential advisor on Darfur. The discussions were useful and I impressed on them the importance of bringing about a peaceful and successful resolution of this appalling kidnapping, which targeted development workers whose only objective was to assist the ordinary people of Darfur, who have suffered so much in the conflict there. I was briefed on the ongoing efforts to release the hostages. I believe that every effort is being made at the moment to obtain the release of both women. I also met with the Goal representatives on the ground and with the Ambassador of Uganda.

As the Deputy will appreciate there is a need for discretion during a kidnap episode. I cannot go into detail about the operation in Sudan but I can assure him that I will continue to keep in close touch with our team on the ground and with the Sudanese authorities until we secure the release of the two women.

Departmental Staff.

Niall Collins

Ceist:

787 Deputy Niall Collins asked the Minister for Foreign Affairs if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31230/09]

There are no state agencies operating under the responsibility of my Department. However, there are two Advisory Committees and one Educational Commission, which operate under the aegis of my Department. There are no civil servants serving on these bodies who are in receipt of any specific remuneration for their representation.

The Development Education Advisory Committee was established in 2003 following the recommendations of the Ireland Aid Review Committee. Its purpose is to advise the Minister, Minister of State and Irish Aid on policy regarding development education. All members serve in a voluntary capacity and there are no civil servants serving on this Committee.

The Government Emigrant Services Advisory Committee (previously known as Díon) was set up in 1984 to advise the Government on the welfare of the Irish community in Britain. The Committee's primary role is to advise on the distribution of Government support to voluntary agencies providing front line services and community care to Irish people in Britain. There are two civil servants, officers of the Embassy in London, who serve as the Chair and Secretary of this Committee. They receive no additional remuneration or allowances for their work with the Committee. All other Committee members serve in a voluntary capacity.

The Fulbright Commission (The Board of the Ireland — United States Commission for Educational Exchange) finances study, research, teaching and other educational activities between Ireland and the United States of America. As Minister for Foreign Affairs, I have some statutory obligations in regard to this organisation, including the appointment of four members of the eight-member Commission, who serve in a voluntary capacity. There are no civil servants serving on the Board of this Commission.

Foreign Conflicts.

Denis Naughten

Ceist:

788 Deputy Denis Naughten asked the Minister for Foreign Affairs the role which he is taking at international level to support a resolution of a dispute between Kenya, Sudan and Ethiopia over the Ilemi Triangle; and if he will make a statement on the matter. [31388/09]

The question of the demarcation of borders of the Ilemi Triangle between Kenya, Sudan and Ethiopia has been ongoing for over one hundred years. The problem has its origin in the ambiguity in the wording of colonial-era treaties. The treaties sought to allow for free movements of Turkana nomadic herders within the region. Despite several attempts over the years to negotiate a resolution, there has been no universal agreement on demarcation of the borders.

The dispute has been prolonged because jurisdiction is all the more difficult to resolve where nomadic and pastoral lifestyles dominate. The general instability in the Horn of Africa region as a whole has tended to obscure this issue; the loss of life and large-scale displacement of millions of people in more high profile conflicts in the region have deflected attention from it. Currently Kenya has de facto control over part of the region but much of it is not administered by any state. There are at present no initiatives from any of the countries directly involved or from any international organisation to negotiate a resolution in relation to the dispute. In all the circumstances it would not be appropriate for Ireland to raise the matter at this time.

Human Rights Issues.

Bernard J. Durkan

Ceist:

789 Deputy Bernard J. Durkan asked the Minister for Foreign Affairs if his attention has been drawn to the imprisonment in Iran of a person (details supplied); if he will enlist the aid of the international community with a view to ensuring that they are accorded family and legal visitations in line with international human rights criteria; and if he will make a statement on the matter. [31427/09]

I am aware of the case of Dr. Tajbakhsh who was arrested at his home on 9 July in Iran and whose conditions of detention remain unclear. Our Embassy in Tehran has been closely following his case. As the Deputy will be aware, many hundreds remain in detention in Iran following the disputed Presidential elections of 12 June and it is still not clear when, and by what process, these will be released. There appears to be some degree of disarray in the judicial system, with trial dates being set and then re-scheduled and diverging views internally within the regime as to how the protestors should be dealt with.

There are some positive signals that there may be a release of prisoners during the forthcoming Eid el Fitr holiday, which marks the end of Ramadan. However, if there is such a release, it seems unlikely that many key political associates of opposition leaders or high profile detainees will be included. I am aware that Dr. Tajbakhsh, who is a US dual citizen and a noted and respected academic, has been accused of being a spy for a western intelligence agency, has been arrested before on similar charges, and has already had to participate in one of the televised "show trials". The prospects for securing his early release may not be assisted by the prevailing tendency on the part of the authorities in Iran to assert incorrectly that the post-election protests represented an attempted revolution, orchestrated by international actors.

Diplomatic efforts, spear-headed by the Swiss Embassy in Tehran which handles US interests, are continuing in an effort to secure Dr. Tajbakhsh's release. The EU has also been vocal in its reaction to the deterioration in human rights generally in Iran since the disputed Presidential elections, with a particular focus on the maltreatment of those in detention and the need for due legal process to prevail.

Ireland strongly associates itself with the serious concerns expressed by the EU regarding the current human rights situation in Iran in the aftermath of the June presidential elections. Senior officials of my Department have met with the Iranian Ambassador to Ireland on several occasions throughout the summer, to convey my strong concerns on these matters to him. We will continue to bring these matters and the case of detainees such as Dr. Tajbakhsh to the attention of the Iranian authorities and will also avail of the opportunity to express our concerns, both nationally and in an EU context, at the Human Rights Council in Geneva later this month.

Departmental Expenditure.

Damien English

Ceist:

790 Deputy Damien English asked the Minister for Foreign Affairs the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31579/09]

Advertising undertaken by my Department typically includes advisory notices on public opening hours over holiday periods, changes in passport application procedures and fees, and public information notices relating to significant developments in the European Union or in regard to Ireland's Official Development Aid Programme. Much of this material is now placed on the Department's Website but advertising continues to be necessary in order to reach all of our customers, particularly in relation to important passport and consular services.

The following table give the details of such advertising under Vote 28 (Foreign Affairs) for each year from 2004 to 2008 and to date in 2009.

Year

Total Cost

2004

171,732.90

2005

144,835.09

2006

105,973.90

2007

75,288.84

2008

103,890.00

2009 to date

34,999.00

The advertising costs for Irish Aid are charged under Vote 29 and include public information campaigns for Africa Day, World AIDS Day, recruitment and volunteer position announcements, the placement of tender notices and information relating to grant application procedures. Advertising costs increased in 2006 and 2007 as a result of significant campaigns for recruitment to the Rapid Response Corps, World AIDS Day and the opening of the Irish Aid Volunteering and Information Centre.

Promotions includes materials, signage, event management and design costs for Africa Day events hosted by Irish Aid in 2007, 2008 and 2009 and for Irish Aid's recent participation in the Electric Picnic Festival, the Ploughing Championships and the Irish Congress of Trades Unions conferences. It also includes promotional signage for the Irish Aid Centre.Promotions includes materials, signage, event management and design costs for Africa Day events hosted by Irish Aid in 2007, 2008 and 2009 and for Irish Aid's recent participation in the Electric Picnic Festival, the Ploughing Championships and the Irish Congress of Trades Unions conferences. It also includes promotional signage for the Irish Aid Centre. Promotional costs increased significantly in 2008 and 2009 as a result of major Africa Day public events organised by Irish Aid in Dublin and Limerick which attracted approximately 33,000 people.

The following table give the details of such advertising under Vote 29 (International Cooperation) for each year from 2004 to 2008 and to date in 2009.

Year

Advertising

Promotion

2004

44,546.00

1,830.00

2005

123,530.00

5,230.00

2006

271,491.00

40,031.00

2007

417,130.00

91,603.81

2008

401,140.90

301,876.46

2009 to date

44,040.00

285,154.00

In addition to the costs outlined above, the Advisory Board for Irish Aid, whose term expired on the 31st of October 2008, incurred the following annual advertising expenses in connection to the Board's extensive research programme which required calls for tender on individual research projects to be widely advertised.

Year

2004

6,231

2005

4,536

2006

8,112

2007

5,796

Caoimhghín Ó Caoláin

Ceist:

791 Deputy Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if he provides funding to the European Movement Ireland; and if so, the annual breakdown of that funding since 2005. [31622/09]

The Department of Foreign Affairs has provided an annual grant-in-aid to the European Movement Ireland over many years. This funding arises out of the Department's overall coordinating role in relation to Ireland's membership of the European Union. Deepening public understanding of the EU and maximising public awareness of Ireland's role in the Union is an ongoing strategic priority for my Department. The annual breakdown of that funding since 2005 is set out below. This funding is specifically provided under Subhead E of the Department's Estimates — Contributions to Bodies in Ireland for the Furtherance of International Relations (Grants-In-Aid).

Year

2005

127,000

2006

250,000

2007

250,000

2008

260,000

2009

250,000

Public Relations Contracts.

Caoimhghín Ó Caoláin

Ceist:

792 Deputy Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs the details and costs of a tender recently awarded to a public relations company to provide information about the workings of the European Union in advance of the Lisbon treaty referendum. [31623/09]

A request for tenders was published on 17 April for the provision of project management and consultancy services to advise and assist the Department of Foreign Affairs in the planning and execution of a public information campaign to inform and promote awareness of the European Union and Ireland's membership of the European Union. Deepening public understanding of the EU and maximising public awareness of Ireland's role in the Union is an ongoing strategic priority for my Department.

The deadline for submission of tenders was 11 May 2009. Fourteen tenders were received and detailed consideration was given to these tenders in accordance with the normal public procurement rules and with a view to ensuring value for money. It was decided on 22 May to award the contract to Language Communications Ltd. The contract value was €564,922.00, inclusive of VAT. The bulk of that amount was allocated to cover the cost of advertising in a range of local and national media. The contract was signed on 19 June 2009.

International Agreements.

Finian McGrath

Ceist:

793 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will clarify an issue (details supplied). [31631/09]

The issue on which the Deputy seeks clarification relates to the wording of the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009, which was passed by both House of the Oireachtas on 9 July. The Bill is necessary to enable the State to ratify the Treaty of Lisbon.

The Government and opposition parties have taken great care to ensure that the proposition put to the people on Friday, 2 October, is as clear and as comprehensible as possible. The explanatory memorandum which was prepared to accompany the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009's passage through the Houses of the Oireachtas explains in detail the reasoning underlying the language of the amendment.

The new subsection 6°, which is referred to in the material supplied by the Deputy, is modelled on the current Article 29.4.10°. This provision has essentially been in place since Ireland's accession to the European Communities in 1973, and does not represent a legal innovation of any kind. It ensures legal compatibility between EU law and the Irish Constitution, and would carry forward constitutional cover for laws, acts and measures "necessitated by the obligations" of EU membership, before and after the Treaty of Lisbon enters into force. I should add that this applies only to those policy areas where the EU has been given powers by the Member States. The Lisbon Treaty makes it clear that competences not specifically conferred on the EU remain with the Member States.

In advance of the referendum, each voter in Ireland will receive a Statement for the Information of Voters, approved by the Houses of the Oireachtas. The Statement will give the wording of the proposed amendment, along with an explanation of what it entails. The wording of the amendment, together with the accompanying explanation, will also be available in polling stations on the day of the referendum.

In addition to the explanatory material on the legislation, the Government has prepared a comprehensive information package, covering the Treaty of Lisbon, the new package, and, separately, issues related to the broader issue of Ireland's membership of the European Union. The Government's Lisbon Treaty website, www.lisbontreaty.ie , is a reliable source of current, factual information on the Treaty.

Similarly, the Referendum Commission's website, Similarly, the Referendum Commission's website, www.lisbontreaty2009.ie will be of value to voters seeking to inform themselves about the Treaty and the additional legal guarantees obtained by Ireland in June, in the run-up to the referendum.

Ciarán Cuffe

Ceist:

794 Deputy Ciarán Cuffe asked the Minister for Foreign Affairs if a delegation from Ireland will attend the signing ceremony for the new optional protocol to the International Covenant on Economic, Social and Cultural Rights at the UN in New York on 24 September 2009; and if he will make a statement on the matter. [31676/09]

Ciarán Cuffe

Ceist:

795 Deputy Ciarán Cuffe asked the Minister for Foreign Affairs if he will report to Dáil Éireann on Ireland’s timetable for signature and ratification of the new optional protocol to the International Covenant on Economic, Social and Cultural Rights, which opens for signature and ratification in New York on 24 September 2009; the steps necessary for ratification; his plans to overcome existing obstacles; and if he will make a statement on the matter. [31677/09]

Ciarán Cuffe

Ceist:

796 Deputy Ciarán Cuffe asked the Minister for Foreign Affairs his views on whether Ireland’s signing and ratifying the new optional protocol to the International Covenant on Economic, Social and Cultural Rights would be a positive step for the people of Ireland; and if he will make a statement on the matter. [31678/09]

I propose to answer Questions Nos. 794 to 796, inclusive, together.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was ratified by Ireland on 8 December 1989. The Optional Protocol to this International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) will set up a mechanism that will make it possible for individuals or groups of individuals to submit a complaint to the UN Committee on Economic, Social and Cultural Rights in regard to violations of their economic, social and cultural rights by a State Party to that Protocol. It does not create any new substantive rights.

Discussions on the Optional Protocol to the ICESCR took place in a Working Group which held its first session in 2004. In June 2006, the UN Human Rights Council mandated the Working Group to negotiate the text of an Optional Protocol, and requested the Chairperson-Rapporteur of the Working Group to prepare a draft to serve as the basis for negotiations.

Following consideration by the UN Human Rights Council, the text of the Optional Protocol was presented to the UN General Assembly last year which adopted the text by consensus on 10 December 2008, the sixtieth anniversary of the Universal Declaration of Human Rights. Officials of this Department were actively engaged at all stages of negotiation on the Optional Protocol, in consultation with other relevant Government Departments, our EU partners and other UN member states.

Inter-departmental consultations on consideration of Ireland's signature and ratification of the Optional Protocol are continuing, with this Department playing a co-ordination role. Accordingly we do not expect to be in a position to sign the Optional Protocol at the signing ceremony in New York on 24 September 2009.

Departmental Programmes.

David Stanton

Ceist:

797 Deputy David Stanton asked the Minister for Foreign Affairs the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31713/09]

The Finance (No. 2) Act 2008 provided for the introduction of an exemption from income tax in respect of a benefit-in-kind arising from a bicycle or associated safety equipment being supplied by an employer to an employee for the purposes of commuting to work. Thus far, fourteen officers in my Department have applied to participate in the Scheme. There are no costs to my Department associated with the administration of the Cycle to Work Scheme. The cost of any equipment purchased by the Department for its employees is met in full by means of deductions at source, made over the course of one year, from the salaries of the individual officers who are availing of the scheme.

Human Rights Issues.

Ulick Burke

Ceist:

798 Deputy Ulick Burke asked the Minister for Foreign Affairs the position regarding the efforts at Irish and EU level to have a person (details supplied) released; and if he will make a statement on the matter. [31719/09]

As Deputies will be aware, and as stated previously in this House on many occasions, the Government is deeply concerned about the situation in Burma and plays an active role in international efforts to bring about positive change there. As indicated in the statement I issued on 11 August, the arrest, trial and conviction of Daw Aung San Suu Kyi, on the most spurious of charges, further compounds the already bleak situation in that country, where repression against members of the opposition, the ethnic groups and the population at large continues unabated and human rights and fundamental freedoms are systematically denied.

The sentence provides clear evidence of the regime's intent to silence Aung San Suu Kyi in the lead-up to the elections they plan to hold next year on the basis of a discredited new Constitution, which excludes her from running in them. It also serves to confirm the Burmese junta's determination to continue its illegal rule without regard for the will of the Burmese people, in blatant disregard of the demands of the international community, including the UN Secretary-General, Ban Ki-moon and in breach of international law and its own laws.

More than 2,100 political prisoners are serving sentences in deplorable conditions, many on questionable charges. The elections which the Burmese authorities are planning to hold next year will have no credibility or legitimacy if they are not opened up fully to the opposition and to all ethnic groups. Efforts by the international community, including those by the UN Secretary-General himself during his visit to Burma in July, and by his Good Offices Mission, to secure the release of political prisoners, including Aung San Suu Kyi, and the launching of a process of national dialogue and reconciliation have, unfortunately, been rejected by the regime to date.

In the circumstances, Ireland has long been in favour of strong international action against the Burmese regime, including sanctions and an arms embargo. Together with EU partners, Ireland had been proposing a strengthening of EU sanctions in response to the action taken by the regime against Aung San Suu Kyi and I am pleased that, following the conviction, the EU has taken immediate action to extend its sanctions against the regime and the judges involved in her trial and sentencing. These additional restrictive measures came into force on 13 August.

I will continue to work in the EU and UN frameworks and with the countries of the region to do all possible to advance our objectives in relation to Burma and to press for the release of Aung San Suu Kyi and all political prisoners there. The up-coming twelfth session of the Human Rights Council in Geneva from 14 September to 2 October next will offer another such opportunity.

Foreign Conflicts.

Denis Naughten

Ceist:

799 Deputy Denis Naughten asked the Minister for Foreign Affairs his views on the recent election in Afghanistan; and if he will make a statement on the matter. [31720/09]

At the present moment, the results of the elections in Afghanistan are still awaited. Though the outcome is not entirely certain, I am happy to set out my views on the electoral process to date.

I welcome the fact that it was possible to hold both Presidential and Provincial Elections in most parts of Afghanistan on 20 August, despite the very difficult security situation prevailing there and threats from the Taliban that they would be targeting polling stations and voters. I also welcome the fact that, despite the threats, around 17 million Afghans registered to vote in the months before the elections, that candidates in both elections were largely able to carry out successful election campaigning and that around 6,500 polling stations were set up and functioned on election day.

However, the high number of Taliban attacks which took place in many parts of the country before and during the elections was a cause of great concern, with over 200 incidents in total recorded on election day. Although other factors were also involved, security threats were a major factor in a very low voter turn-out, estimated at under 30%. I am deeply concerned also by reports and evidence of large-scale fraud having taken place in the Presidential elections in particular, with over 2,000 complaints received by the ECC, about one third of those classified as ‘Category A' claims, which could, if substantiated, affect the outcome of the election.

It is vital that the election process and outcome are seen to be credible. The low turn-out and the widespread allegations of fraud certainly raise questions about credibility, but it is too early at this stage to pronounce definitively on this issue. Ultimately, it will be up to the Afghan people to determine if the elections, and their outcome, are credible and acceptable in their eyes. How the ECC and the IEC handle the allegations of fraud — and are perceived to handle them — will be crucial in this regard. This process is currently underway, with some results annulled and some recounting and auditing taking place.

The UN has been playing a major role in supporting the elections process. The EU has also assisted, most notably by agreeing to mount a full EU Electoral Observation Mission with around 200 professional monitors, who monitored both the preparations for the elections and the process on election day and who have also been providing independent assessments of the process to date. Two long-term Irish observers participated in the EU Mission. In addition, Irish Aid provided some funding through the UN system for the preparation of the elections.

In a statement issued on 10 September by the EU Presidency, the EU expressed concern at the allegations of fraud at a number of polling stations, noting that the ECC has been required to investigate these claims. In the statement, the EU acclaimed the important work of the ECC to safeguard the credibility of the elections and underlined the need for its independence to be fully secured and given sufficient time to fulfil its mandate, in co-operation with the IEC. The EU statement also expressed the hope that all authorities will refrain from prejudging the result until it has been properly certified. I fully endorse this statement.

Human Rights Issues.

Frank Feighan

Ceist:

800 Deputy Frank Feighan asked the Minister for Foreign Affairs his views on the expulsion of UNICEF’s communications chief (details supplied) from Sri Lanka recently. [31721/09]

I am dismayed by the decision of the Government of Sri Lanka to order the expulsion of Mr James Elder, the respected UNICEF Communication Chief in Sri Lanka, from the country, by 21 September. The expulsion appears to relate to remarks made to the media by Mr Elder in the course of his official duties as UNICEF spokesperson, in relation to the suffering of children during the military campaign prior to the cessation of hostilities in May and also to conditions in the camps for Internally Displaced Persons (IDPs) which have been established by the Government since that time.

I have noted that on 8 September the UN Secretary General, Ban Ki-moon, has also strongly regretted the Government's decision and has indicated his intention to take up the issue with President Mahinda Rajapaksa at the earliest opportunity. Mr Elder's expulsion follows the sentencing on 31 August of the journalist, J.S. Tissainayagam, to 20 years hard labour by the Colombo High Court on charges of violating anti-terrorism laws. Both the decision to expel Mr Elder and the verdict and disproportionate sentence handed down on Mr Tissainayagam give rise to serious concern in relation to freedom of expression and the freedom of the press in Sri Lanka.

For my part, I have taken a consistently strong line, both bilaterally and within the EU, in pressing the Government of Sri Lanka to respond to international demands to fulfil its responsibilities to the Tamil community in Sri Lanka, including the 280,000 IDPs who are currently held in camps in the north of the country. In a discussion earlier this year at my instigation, I made clear to the Ambassador of Sri Lanka my deep concerns and expectations. My concerns were also conveyed last week by senior officials of my Department to a representative of the Government of Sri Lanka. These concerns relate to conditions within the IDP camps at the moment, to the need for independent monitoring of the situation and to the requirements of the Tamil community in the longer term, if a successful peace process is to be launched and sustained.

At EU level, Ministers will discuss the situation in Sri Lanka at the GAERC meeting in October. We will discuss how best to engage the Government of Sri Lanka in a meaningful dialogue which will enable us to assist IDPs in the camps and which will also facilitate the genuinely inclusive process of political reconciliation with the Tamil minority which is urgently needed. This must be based on the principles of parity of esteem, consent, equality, the rule of law and respect for human rights .

In view of the serious humanitarian crisis in the affected areas, Irish Aid has provided funding of €308,000 for emergency response in Sri Lanka through NGO partners, including emergency medical and nutrition support, the provision of shelter, and distribution of food and non-food items. In addition, a member of Irish Aid's Rapid Response Corps was deployed to Sri Lanka to assist in the emergency response effort of the UN Refugee Agency (UNHCR).

Ministerial Expenses.

George Lee

Ceist:

801 Deputy George Lee asked the Minister for Foreign Affairs the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31947/09]

I have detailed below in tabular form the expenses incurred relating to motor travel allowance (mileage) and travel subsistence expenses incurred by all Ministers and Ministers of State who have served at my Department since January 2004. As our current electronic accounting system has only been in operation since January 2004, it has not been possible, in the time available, to retrieve comprehensive information for the earlier years. In addition to these expenses, Ministers and Ministers of State are also entitled to claim a set allowance for miscellaneous expenses, the maximum rates and conditions of which are set by the Department of Finance.

Ministerial Travel Subsistence and Motor Travel Allowance Expenses.

2004

2005

2007

2008

2009 (to date)

Subs*

Mileage**

Subs

Mileage

Subs

Mileage

Subs

Mileage

Subs

Mileage

Ministers

Brian Cowen T.D.

3,126

1,340

Dermot Ahern T.D.

1,119

11,041

5,619

4,975

2,034

Micheál Martin T.D.

3,917

Ministers of State

Tom Kitt T.D.

6,790

15,878

Conor Lenihan T.D.

237

6,371

16,097

5,117

16,846

903

8,177

Michael Kitt T.D.

1,077

13,322

880

17,697

Peter Power T.D.

3,714

15,175

Dick Roche T.D.

2,849

1,499

13,311

6,145

28,467

Noel Treacy T.D.

859

10,146

4,164

18,101

3,319

43,174

1,598

36,462

*‘Subs' relate to travel subsistence payments made for meals and incidental expenses incurred when engaged on official travel. The conditions and rates of these subsistence payments are set centrally by the Department of Finance.

**The conditions and rates of Mileage payments are also set centrally by the Department of Finance. Ministers of State are not provided an official State car but rather claim mileage for official travel made using their own vehicle.

Sports Funding.

Mary Upton

Ceist:

802 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism his plans for the future of the sports inclusion disability officer programme; and if he will make a statement on the matter. [30434/09]

Kathleen Lynch

Ceist:

803 Deputy Kathleen Lynch asked the Minister for Arts, Sport and Tourism his views on the fact that the sports inclusion disability officer programme has been a success in enabling those with a disability the opportunity to participate in sport; if he will confirm that continuing funding beyond 2009 will be made available to continue this project; if, in view of the success of this programme he will consider extending the scheme to all 33 local sports partnerships here; and if he will make a statement on the matter. [30769/09]

I propose to answer Questions Nos. 802 and 803 together.

Special funding of €2.3 million was allocated from the dormant accounts fund, through my Department, for the appointment of 20 Sports Inclusion Development Officers (SIDOs) in Local Sports Partnerships (LSPs) in 2008. The SIDOs were appointed on two-year contracts to provide opportunities for persons with a disability to participate in sport and physical activity. The Department of Community, Rural and Gaeltacht Affairs has overall responsibility for dormant accounts spending. The funding through my Department is an element of a larger set of economic and social disadvantage funding measures including funding for persons with a disability.

A network of 33 LSPs have been set up throughout the country by the Irish Sports Council (ISC) to coordinate and promote sport at local level especially amongst specific target groups such as older people, girls & women, people with disabilities, unemployed people, and those who live in identified disadvantaged communities. The special dormant accounts funding was in addition to the annual funding provided to the LSPs by the ISC for programmes and initiatives aimed at increasing participation in recreational sport. The ISC has allocated €6 million to the LSPs in 2009. The continuation of the SIDO scheme from 2010 will be dependent on negotiations on the 2010 Estimates.

Film Industry Development.

Finian McGrath

Ceist:

804 Deputy Finian McGrath asked the Minister for Arts, Sport and Tourism if he will support a matter (details supplied). [30262/09]

Charlie O'Connor

Ceist:

806 Deputy Charlie O’Connor asked the Minister for Arts, Sport and Tourism the measures he will take to ensure that foreign investors will continue to look on Ireland as a viable, attractive location for the production of feature films; the efforts being made in that regard; and if he will make a statement on the matter. [30712/09]

I propose taking Questions Nos. 804 and 806 together.

The proposals in the Report of Special Group on Public Sector Numbers and Expenditure Programmes (McCarthy Report) have not been adopted by the Government as policy but will be considered in the context of the 2010 estimates debate. I would like to assure the Deputy that in the ensuing debate I will be articulating the benefits to Ireland of having a vibrant film industry.

As you are aware, the Section 481 film tax relief scheme was extended until the end of 2012 with significant enhancements in the two Finance Acts in 2008. Approval from the European Commission to the extension and the enhancements was obtained in March of this year and the Minister for Finance subsequently signed the commencement orders on 16 March. Clearly, this shows a long term commitment by the Government to the Irish audiovisual industry. Furthermore, the recently published Report of the Commission on Taxation recommended that the Section 481 scheme should be continued. I want to reiterate that I remain fully committed to the Section 481 scheme, the Irish Film Board and the Irish audiovisual industry.

Olivia Mitchell

Ceist:

805 Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the number of persons employed by the Irish Film Board; and if he will make a statement on the matter. [30451/09]

The number of persons currently employed by the Irish Film Board is sixteen. The Chief Executive is supported by staff in the following areas — Business Affairs, Production & Development, Marketing, Irish Film Commission and Administration.

Question No. 806 answered with Question No. 804.

Licensing of Firearms.

Dan Neville

Ceist:

807 Deputy Dan Neville asked the Minister for Arts, Sport and Tourism, further to Parliamentary Question No. 214 of 1 July 2009, the position regarding this matter. [30767/09]

As the Deputy will be aware the Criminal Justice (Miscellaneous Provisions) Bill 2009, which contains restrictions on handguns, was enacted during the summer. The Department of Justice informed me that they had liaised closely with the sports shooting groups, through the Firearms Consultative Panel (FCP) over the previous 18 months and that there had been considerable discussion on many aspects of shooting sports.

My colleague, the Minister for Justice, Equality and Law Reform has written to me in relation to some issues which have arisen in relation to target shooting arising from his meeting with the FCP. My Department has liaised with the Department of Justice, Equality and Law Reform on these issues and I have asked the Irish Sports Council to conduct a review regarding the impact of the legislation and consult with the relevant National Governing Bodies and shooting representative organisations to see if any changes are needed.

Departmental Staff.

Niall Collins

Ceist:

808 Deputy Niall Collins asked the Minister for Arts, Sport and Tourism if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31222/09]

One civil servant in my Department is in receipt of a fee for membership of a board of a state body under the aegis of the Department. The civil servant in question, who is not an ex-officio member of either board, is a member of two boards but is paid in respect of one membership. The payment of such a fee is a matter for the board. There is no requirement for the fee to be surrendered to the Department. The Department complies with Department of Finance guidelines on payment of fees to board members.

Sports Capital Programme.

Denis Naughten

Ceist:

809 Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism when the sports capital grant programme will be reinstated; and if he will make a statement on the matter. [31358/09]

No decision has been taken on the timing of the next round of the Programme.

Departmental Expenditure.

Damien English

Ceist:

810 Deputy Damien English asked the Minister for Arts, Sport and Tourism the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31571/09]

The expenditure on advertising and promotions by the Department, including the National Archives, in the years 2004 to 2008, inclusive, and to date in 2009 is as set out in tabular form below.

Year

Expenditure

2004

392,178

2005

200,824

2006

243,430

2007

119,422

2008

83,900

2009 (to date)

14,257

Expenditures by the National Museum of Ireland and the National Library of Ireland are included in the figures for 2004 and 2005, as both organisations formed part of the Department until they were established as separate corporate entities in May 2005. Moreover, some of the above figures do not include the very minor expenses payable to the Office of Public Works for placing notices in Iris Oifigiúil. The commissioning of advertising and promotions by the agencies under the aegis of the Department is a matter for the agencies themselves.

Departmental Programmes.

David Stanton

Ceist:

811 Deputy David Stanton asked the Minister for Arts, Sport and Tourism the cost of administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31705/09]

There is no discernible cost to this Department's vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the upfront costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost to the State is the tax relief inherent in the scheme. The total amount sanctioned to date by way of cycle purchases for staff of this Department is €3,046.

Ministerial Expenses.

George Lee

Ceist:

812 Deputy George Lee asked the Minister for Arts, Sport and Tourism the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31940/09]

The amounts that have been claimed in expenses by each Senior and Junior Minister from 2002, the date of establishment of the Department, to date is as follows:

John O'Donoghue T.D. (2002 to 2007) — €16,296.09;

The late Seamus Brennan T.D. (2007 to 2008) — €246.36;

Martin Mansergh T.D. (2008 to 2009) — €1,202.12;

Martin Cullen T.D. (2008 to 2009) — €7,586.04 (which includes €2,845 for nineteen days at the Beijing Olympics which would not be an annual recurring cost).

These amounts relate to expenses incurred by the Ministers in the course of their official duties.

Community Development.

Pat Breen

Ceist:

813 Deputy Pat Breen asked the Minister for Community, Rural and Gaeltacht Affairs if he will clarify the position regarding the future of a company (details supplied) in County Clare; if funding will be provided after December 2009; and if he will make a statement on the matter. [30373/09]

The majority of CSP contracts are due to expire at the end of 2009. Renewal of these contracts will fall for consideration in the context of the annual Estimates process for my Department for 2010. Contracts will be renewed subject to the availability of sufficient funding and the satisfactory performance of projects in contract. My Department will be contacting projects in the coming months in this regard.

Finian McGrath

Ceist:

814 Deputy Finian McGrath asked the Minister for Community, Rural and Gaeltacht Affairs if he will support groups (details supplied) in County Dublin in 2009 and 2010. [30678/09]

As the Deputy will be aware, funding from my Department for drug specific projects is overseen by the Local and Regional Drugs Task Forces. I have been advised by Dublin North East Local Drugs Task Force — the Task Force which oversees funding to the projects referred to by the Deputy — that they have already been approved funding to meet their requirements in 2009. Subject to funding available, the Task Force has advised me that it will endeavour to support drugs projects in its area in 2010.

Decentralisation Programme.

John O'Mahony

Ceist:

815 Deputy John O’Mahony asked the Minister for Community, Rural and Gaeltacht Affairs when will a decision be made in respect of the decentralisation of his offices to Charlestown, County Mayo; and if he will make a statement on the matter. [30733/09]

As the Deputy will be aware, under the Decentralisation Programme my Department's headquarters are scheduled to relocate to Charlestown, Co Mayo, and the Office of Public Works (OPW) has been engaged in the process of selecting and purchasing a permanent site for my Department's headquarters at that location. I understand that negotiations are still ongoing between the OPW, the Department of Finance and relevant authorities in relation to a particular site in Charlestown, which it has identified as being suitable.

The Deputy will also be aware that the Department of Finance was recently approached by a community development organisation in relation to a property in Kiltimagh, Co Mayo, with turn-key potential as a headquarters building. On foot of this approach, OPW is currently examining the property in question to ascertain its suitability. I should emphasise that this is a sensible and prudent response to the approach that has been made and implies no decision.

Rail Network.

Joe Carey

Ceist:

816 Deputy Joe Carey asked the Minister for Community, Rural and Gaeltacht Affairs his views regarding the development of the western rail corridor; and if he will make a statement on the matter. [30832/09]

As the Deputy will be aware, in 2005 my colleague, the Minister of Transport, announced the proposed re-opening of the Western Rail Corridor (WRC) on a phased basis as part of Transport 21. I understand that work is continuing on the first phase of the Corridor, from Ennis to Athenry and it is on target to be completed by the end of the year. The Government is committed to progressing planning on the Corridor and the immediate next step, following completion of phase 1, will be for Iarnród Éireann to undertake a detailed evaluation of phases 2 (Athenry-Tuam) and 3 (Tuam-Claremorris) with a view to arriving at precise costs to undertake these works.

The current funding environment is difficult and it will not be possible to progress all the projects in Transport 21 in accordance with the ambitious timescale envisioned at its launch. However, the Minister for Transport is seeking to progress planning of projects, such as phases 2 and 3 of the WRC, to ensure that we are in a position to move speedily to construction when financial circumstances permit. As part of the support for this project, my own Department has provided funding of €3.5m towards line clearance work.

Security of the Elderly.

Michael Ring

Ceist:

817 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding a scheme (details supplied); if a review has taken place; if so, the outcome of the review; and if he will make a statement on the matter. [30956/09]

Pádraic McCormack

Ceist:

819 Deputy Pádraic McCormack asked the Minister for Community, Rural and Gaeltacht Affairs if the community support for older people grant scheme will be restored; and if he will make a statement on the matter. [31206/09]

Ned O'Keeffe

Ceist:

821 Deputy Edward O’Keeffe asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding a grant scheme (details supplied) in County Cork. [31243/09]

Sean Sherlock

Ceist:

822 Deputy Seán Sherlock asked the Minister for Community, Rural and Gaeltacht Affairs when funding to the scheme of community support for older people will be made available to finance the purchase of personal safety alarms; and if he will make a statement on the matter. [31280/09]

I propose to take Questions Nos. 817, 819, 821 and 822 together.

The Scheme of Community Support for Older People was suspended on 7th April. This was done with a view to affording my Department the opportunity to review the Scheme's operation and to consult with interested parties. This review is currently ongoing and to date in excess of 100 written submissions have been received. In addition, some 100 community groups have contributed to the review through a telephone survey conducted by my Department.

My officials are also meeting with representatives of An Garda Síochána at national and local level, the Fire Services, officials of other Government Departments and the Health Service Executive and other parties dealing with issues surrounding the welfare and security of older people to establish what other measures might be implemented to improve the administration and operation of the Scheme. While it is too early to be categoric regarding the completion date I understand that the report is likely to be finalised over the coming weeks.

Road Network.

Michael Ring

Ceist:

818 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the circumstances regarding the processing of a Gaeltacht road grant application for persons (details supplied) in County Mayo; and if he will make a statement on the matter. [30994/09]

I am advised that the application under Scéim na mBóithre Áise referred to by the Deputy was received on 23 February 2009 and subsequently examined by an official of my Department on 31 July 2009 during a visit to the area in question. The condition of the road did not warrant it being afforded priority under the scheme. On foot of further representations received, the road was inspected again by another official on 7 August 2009 and the initial assessment was confirmed. In line with good practice, road inspections such as this are carried out periodically when my officials have a range of duties to perform in particular areas, e.g., visits associated with Irish Summer Colleges, Gaeltacht Summer Camps, etc. This policy ensures that the work, and the costs associated with it, is being carried out in an efficient and cost-effective manner.

Question No. 819 answered with Question No. 817.

Departmental Staff.

Niall Collins

Ceist:

820 Deputy Niall Collins asked the Minister for Community, Rural and Gaeltacht Affairs if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31224/09]

No such cases arise in relation to civil servants in my Department.

Questions Nos. 821 and 822 answered with Question No. 817.

Departmental Expenditure.

Damien English

Ceist:

823 Deputy Damien English asked the Minister for Community, Rural and Gaeltacht Affairs the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31573/09]

I refer the Deputy to my reply to Parliamentary Question number 259 on the 21st November 2007, for information regarding the years 2004, 2005 and 2006. The information in respect of my Department for 2007 and 2009 to date is below:

2007

2009 to date

Advertising and Promotions

184,932

32,389

It is not feasible within the timeframe provided to compile the data sought by the Deputy regarding the amount of money spent on advertising and promotions by each Agency under the aegis of my Department. Accordingly, I am arranging for the material to be compiled by my Department and provided directly to the Deputy.

Departmental Programmes.

David Stanton

Ceist:

824 Deputy David Stanton asked the Minister for Community, Rural and Gaeltacht Affairs the cost of administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31707/09]

There is no discernible cost to my Department's Vote in administering the cycle to work scheme, as those participating pay for the bicycles and equipment by way of salary sacrifice. The total amount sanctioned to date by way of cycle purchases for 4 staff in my Department is €2,181. There are minor costs arising in the context of processing applications received and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable.

Ministerial Expenses.

George Lee

Ceist:

825 Deputy George Lee asked the Minister for Community, Rural and Gaeltacht Affairs the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31942/09]

I assume the Deputy is referring to travel & subsistence expenses. Travel and subsistence expenses paid to me as Minister since the establishment of my Department in June 2002 to end-2008 are set out in Table 1 below.

Table 1: Travel and subsistence expenses paid to Éamon Ó Cuív, T.D., Minister for Community, Rural andGaeltacht Affairs, June 2002 to end-2008

Period

Amount

2008

8,472

2007

2,550

2006

4,127

2005

5,296

2004

1,386

2003

3,796

June-December 2002

1,569

Total

27,196

Travel and subsistence expenses paid to Ministers of State at my Department — Ministers of State John Curran, T.D., Pat Carey, T.D., and Noel Ahern, T.D. — over the same period are set out in Table 2 below.

Table 2: Travel and subsistence expenses paid to Ministers of State at the Department of Community, Rural and Gaeltacht Affairs, June 2002 to end-2008

Period

Minister Ahern

Minister Carey

Minister Curran

2008

13,088

10,639

2007

12

9,012

2006

1,489

2005

361

2004

2003

1,268

June-Dec 2002

Total

3,130

22,100*

10,639*

*Includes mileage in relation to use of car on official business.

In all cases, travel and subsistence was paid in respect of absences on official business and in accordance with Department of Finance guidelines. The cost of all official travel is paid out of monies provided by the Oireachtas and approved in the Estimates process. Details of proposed expenditure under my Department's administration subheads are given at the relevant Estimates meetings of the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs.

Social Welfare Benefits.

James Bannon

Ceist:

826 Deputy James Bannon asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Longford has been refused a supplementary welfare allowance; and if she will make a statement on the matter. [30247/09]

The supplementary welfare allowance scheme, which includes mortgage interest supplement, is administered on behalf of the Department by the Community Welfare Service of the Health Service Executive (HSE). The purpose of mortgage interest supplement is to provide short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence.

The supplement is normally calculated to ensure that a person, after the payment of mortgage interest, has an income equal to the rate of supplementary welfare allowance, appropriate to their family circumstances, less a minimum contribution of €24 per week, which recipients are required to pay from their own resources. When assessing entitlement to mortgage interest supplement, only the portion of mortgage interest that relates to the purchase, essential repair or improvement of a person's sole or main residence is taken into account.

The Health Service Executive has advised that it refused payment of a mortgage interest supplement to the person concerned, on the grounds that his income is sufficient to meet the interest repayments on the element of his loan which relates to his main residence. His mortgage contains other elements not linked to the purchase, repair or improvement of his residence. The Executive has further advised that a HSE Appeals Officer has upheld the decision of a Community Welfare Officer not to pay mortgage interest supplement to the person concerned. It is open to him to appeal this decision further to the Social Welfare Appeals Office.

Family Support Services.

Pat Breen

Ceist:

827 Deputy Pat Breen asked the Minister for Social and Family Affairs her views on family resource centres and the contribution same make to our communities; if funding will continue to be provided to these centres; and if she will make a statement on the matter. [30566/09]

The Family and Community Services Resource Centre Programme is operated by the Family Support Agency which is under the auspices of my Department. There are currently 107 Family Resource Centres (FRCs) nationwide. The total budget for the Family and Community Services Resource Centre Programme in 2009 is over €18m.

The aim of this Programme is to combat disadvantage and improve the functioning of the family unit. The emphasis in Family Resource Centres (FRC) is on the involvement of the local community in developing approaches to tackle the problems they face and on creating successful partnerships between the voluntary and statutory agencies in the area concerned. FRCs assess the needs of their local communities and ensure that there are services and supports in place to address these needs. They involve people from marginalised groups and areas of disadvantage at all levels in the project.

The Report of the Special Group on Public Service Numbers and Expenditure Programmes made a range of recommendations relating to the Department of Social and Family Affairs including recommendations relating to the Family Support Agency and its programmes. The Department will consider, as part of the Estimates and budgetary process for 2010, the Report’s recommendations and decisions on all of the issues arising will be a matter for Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Social Welfare Code.

Ruairí Quinn

Ceist:

828 Deputy Ruairí Quinn asked the Minister for Social and Family Affairs her views on expanding the back to education allowance in order that it will cover postgraduate courses aside from teaching courses; the estimated cost for same; and if she will make a statement on the matter. [30930/09]

Michael Ring

Ceist:

915 Deputy Michael Ring asked the Minister for Social and Family Affairs her views on reviewing the criteria for the back to education allowance in view of the number of graduates currently unemployed (details supplied). [31249/09]

I propose to take Question Nos. 828 and 915 together.

The objective of the back to education allowance scheme is to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. The scheme covers courses of education from second level to Higher Diploma level in any discipline [the National Framework of Qualifications {NFQ} and to a Graduate Diploma in Education (Primary and Secondary Teaching)] which add significantly to a person's employability. Other postgraduate qualifications (level 9 or level 10) are not included. The number of people on the scheme at the end of the 2008/2009 academic year was 11,646 representing an increase of 31% on the previous academic year and the scheme was modified in the April supplementary budget to reduce the qualifying period.

The focus of the back to education allowance is on providing assistance to the highest possible number of those in greatest need in terms of meeting the requirements of a modern labour market. People in possession of a third level qualification have already achieved a high level of academic attainment which should impact positively on their employment prospects. The possession of qualifications such as Postgraduate Diplomas, Professional Diplomas and MA courses or specialised post-graduate courses in Science/IT/Engineering at level 9 or above on the NFQ are not regarded as a prerequisite to re-entering the workforce and at present there are no plans to extend the scheme to cover courses at this level.

This approach is considered appropriate in the context of targeting scarce resources at the greatest need. The scheme will continue to be monitored in the light of the changed economic circumstance in order to ensure that it continues to meet its objectives.

Social Welfare Appeals.

Bernard J. Durkan

Ceist:

829 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when a review will be undertaken following rent support appeal in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [31137/09]

The purpose of the rent supplement scheme is to provide short-term income support to eligible persons living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from another source.

The Health Service Executive has advised that rent supplement was refused on the basis that the person concerned has vacated accommodation provided by a local authority, without good cause. Social welfare legislation provides that it is a condition of entitlement to rent supplement that a person has not vacated accommodation provided by a housing authority or if s/he has vacated such accommodation the Executive is satisfied that s/he had good cause for so doing. This decision was appealed to a Health Service Executive Appeals Officer and the decision to refuse rent supplement was upheld. The person concerned has appealed the decision to refuse rent supplement to the Social Welfare Appeals Office. This Office has advised that no decision has been made on the appeal to date.

Mary O'Rourke

Ceist:

830 Deputy Mary O’Rourke asked the Minister for Social and Family Affairs if she will review the case of a person (details supplied) in County Westmeath. [30089/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare

Jack Wall

Ceist:

831 Deputy Jack Wall asked the Minister for Social and Family Affairs when the office of the chief appeals officer will decide on an appeal by a person (details supplied) in County Kildare against the decision to refuse their application for guardian’s contributory payment; and if she will make a statement on the matter. [30090/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jack Wall

Ceist:

832 Deputy Jack Wall asked the Minister for Social and Family Affairs the position of an appeal by a person (details supplied) in County Kildare against the decision to refuse their application for domiciliary care allowance; and if she will make a statement on the matter. [30095/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Insurance.

Michael McGrath

Ceist:

833 Deputy Michael McGrath asked the Minister for Social and Family Affairs the number of self-employed persons paying class S PRSI contributions for each of the past three years; and the number of persons currently paying such contributions. [30096/09]

The latest figures available for the numbers of people paying class S contributions are as follows:

Year

Number

2007*

335,824

2006

356,548

2005

356,640

*Provisional.

Social Welfare Appeals.

Phil Hogan

Ceist:

834 Deputy Phil Hogan asked the Minister for Social and Family Affairs when a decision will be made on an appeal for illness benefit in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [30111/09]

I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned, the relevant Departmental papers and comments of the Department have been sought. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Parliamentary Questions.

John McGuinness

Ceist:

835 Deputy John McGuinness asked the Minister for Social and Family Affairs if she will address the issue raised in a previous parliamentary question regarding a person (details supplied) in County Kilkenny due to the fact that the reply issued does not relate to the question asked; and if she will make a statement on the matter. [30145/09]

John McGuinness

Ceist:

855 Deputy John McGuinness asked the Minister for Social and Family Affairs if an agreement will be reached between herself and a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [30502/09]

I propose taking Questions Nos. 835 and 855 together.

The issues raised by the Deputy have been considered in the Department and sanction has been received from the Department of Finance to progress the matter. The Department will be contacting the Chief State Solicitor's Office so that the necessary legal arrangements can be put in place so that the matter can be finalised.

Social Welfare Appeals.

John Cregan

Ceist:

836 Deputy John Cregan asked the Minister for Social and Family Affairs when a decision will be made in respect of an appeal by a person (details supplied) in relation to an illness benefit claim; and if she will make a statement on the matter. [30146/09]

I am advised by the Social Welfare Appeals Office that the person concerned furnished her grounds of appeal and, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department were sought. These are now to hand and will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Staff.

Paul Connaughton

Ceist:

837 Deputy Paul Connaughton asked the Minister for Social and Family Affairs the reason that there are not more social welfare inspectors employed in the Tuam area of County Galway in view of the backlog of files that are waiting to be looked at; the further reason it is not possible to increase the social welfare inspectorate in places such as Tuam and many other areas around the country in view of the number of people out of work; and if she will make a statement on the matter. [30164/09]

Social Welfare Inspectors appointed under Section 250 of the Social Welfare Consolidation Act 2005, investigate claims to all means tested Social Welfare Schemes, excluding Supplementary Welfare Allowance. Reviews of means tested payments are also carried out by Inspectors to ensure the conditions regarding entitlement continue to be satisfied. The Inspectors' remit also includes the combating of fraud and abuse of all the Department's schemes.

The increase in the Live Register over the last year or so has resulted in considerable extra demands being made on the resources of the Department's Inspectorate. As a result of this approval was received for 40 additional assignments to the grade of Social Welfare Inspector. Of these 40 posts, 15 Inspectors have already been assigned and a further 12 posts are categorised as ‘offer accepted' where individuals have been appointed to the posts and the process of assigning them is underway. Work is continuing to fill the remaining 13 posts and it is hoped to have this process completed shortly.

There are two Social Welfare Inspector posts in Tuam. One of these posts has been vacant for some time although every effort has been made to fill this vacancy through staff re-deployment from other Government Departments. Unfortunately, it has not been possible to fill this position to date partly because it is in competition for resources with vacancies arising elsewhere in the East Galway area. As an interim measure a full-time Inspector from Galway was assigned recently to the Tuam post on a temporary basis and in addition, some part-time support is also provided.

Social Welfare Benefits.

Jimmy Devins

Ceist:

838 Deputy Jimmy Devins asked the Minister for Social and Family Affairs the procedures in place to ensure that EU Regulation 1408/71 is enacted; if she will clarify that child benefit is payable to EU persons who are employed here or in receipt of unemployment benefit but is not payable to those who are in receipt of jobseeker’s allowance or unemployment assistance; and the procedures in place to prevent potential abuse or fraud of these payments. [30166/09]

Child Benefit is payable in respect of children who are ordinarily resident in the state or who reside with a qualified person outside the state, while that person is a member of the Defence Forces, a civil servant posted abroad, a volunteer development worker or who remain insurable under Irish social insurance while working abroad. EU migrant workers may have an entitlement to Child Benefit and other "Family Benefits" under EU Regulation 1408/ 71. Where a national of an EU state is working in Ireland, or in receipt of a social welfare benefit or pension, she/he is entitled to payment of these benefits, even if his/her children are resident in the worker's home country. Questions are included on the Child Benefit application form, the answers to which indicate whether this regulation should apply.

Mattie McGrath

Ceist:

839 Deputy Mattie McGrath asked the Minister for Social and Family Affairs the third level colleges or institutions in the United Kingdom which are recognised for the back to education allowance scheme; and if she will make a statement on the matter. [30183/09]

Under the back to education scheme an applicant can pursue a second or third level course up to and including a Higher Diploma in any discipline and a Post Graduate Diploma in Education. The scheme is not operated on the basis of a prescribed list of courses or of course providers. Under the third level option the course being pursued must be a full-time day course of study which is approved by the Department of Education and Science for the Higher Education Grant Scheme, for the Vocational Education Committees' Scholarship Scheme or for the Third Level Maintenance Grant Scheme for Trainees or has Higher Education and Training Awards Council (HETAC) recognition.

Full-time day undergraduate courses in the United Kingdom which are recognised by the Department of Education and Science for Higher Education Grant purposes are included in the Back to Education Allowance.

Social Welfare Appeals.

Paul Connaughton

Ceist:

840 Deputy Paul Connaughton asked the Minister for Social and Family Affairs when a decision will be made on a jobseeker’s benefit appeal in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [30192/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Offices.

Paul Nicholas Gogarty

Ceist:

841 Deputy Paul Gogarty asked the Minister for Social and Family Affairs if she will review the staffing rosters and opening hours of social welfare offices here in view of the increase in the number of people seeking social welfare; if she will clarify that such adaptability exists within her Department and is not hampered by public service freezes; and if she will make a statement on the matter. [30196/09]

The majority of the Departments local offices are open to the public from 9.30 a.m. to 4.00 p.m. including lunchtime. Branch Offices, which are operated by private individuals on behalf of the Department, are open from 9.30 a.m. to 12 noon and from 2.00 p.m. to 4.00 p.m. The Deputy will be aware that over the past year or so I have advised the House of a range of initiatives that have been introduced in local offices to help us deal with the influx of claims. One of these initiatives involves dealing with customers by appointment and deciding claims were possible when the customer attends for their appointment. This initiative has greatly reduced processing times for a significant number of customers and will be in operation in 20 local offices by the end of the month. It is intended to extend this system to other offices over the coming months.

Since May 2008, some 350 extra staff have been assigned to local offices, new Central Support Units and the Departments Inspectorate. Of these, some 190 have been assigned since January 2009 as follows:

16 Social Welfare Inspectors were assigned in March 2009 to various locations around the country to undertake means testing and other work associated with processing claims for the jobseekers allowance.

68 posts have also been assigned to date for Local Office Central Support Units in 6 locations.

Some 110 posts have been assigned to Local Offices around the country, some of which have been filled by temporary staff, pending the assignment of permanent staff. The Department is continuing to monitor staffing levels and to assign staff as required. In addition, processes and procedures surrounding the taking of claims and claims decisions are being reviewed constantly and where efficiencies can be achieved new, streamlined procedures are being introduced.

Social Welfare Code.

Mattie McGrath

Ceist:

842 Deputy Mattie McGrath asked the Minister for Social and Family Affairs her views on whether the social welfare system and schemes are discriminatory towards families and stay at home parents who have not been in receipt of social welfare as they chose to stay at home to raise their children and who are excluded from schemes such as the back to education allowance and vocational training opportunities scheme as a result; and if she will make a statement on the matter. [30218/09]

The Department of Social and Family Affairs, through the wide range of schemes and interventions it provides, impacts on the lives of almost every person in the State at some stage. Supports for families include child benefit, maternity/adoptive benefits, one-parent family payment and family income supplement. Where appropriate, schemes provide for an increase in respect of the qualified adult or children of a claimant.

The Department's employment support schemes, including the back to education allowance, are specifically designed to support people from welfare to work and for that reason are only available to welfare recipients or their qualified adults. I am satisfied that this does not constitute discrimination against families or individuals who are not in receipt of social welfare. It complies with the principles of horizontal equity which require that people in similar circumstances should be treated similarly.

The objective of the back to education allowance (BTEA) scheme is primarily to equip people in receipt of certain social welfare payments with the qualifications and skills that will enable them to obtain employment and meet the requirements of the modern labour market.

In order to qualify for the scheme it is necessary for a person to be in receipt of a prescribed social welfare payment for a specified period. The qualified adult of a person on a relevant social welfare payment can also participate in their own right on the scheme providing the conditions are fulfilled. The requirement to be in receipt of a social welfare payment for a minimum period has always been a feature of the scheme and is considered essential to confer entitlement to income support for an indefinite period in the context of targeting scarce resources at those who need it most.

The vocational training opportunities scheme (VTOS) is administered by the Department of Education and Science and operated through the VECs. It is aimed at people on social welfare but the qualified adult of a person on a relevant social welfare payment can also participate in their own right scheme on this scheme.

The Department is currently carrying out a technical review of the entire social welfare code to examine its compatibility with the Equal Status Acts. The review is examining the schemes and services provided for both in social welfare legislation and the administrative schemes operated by the Department. The findings of this review will contribute to informed planning and policy making to ensure that the social welfare system reflects the needs and expectations of all citizens and is equitable in meeting those needs.

Pension Provisions.

Thomas Byrne

Ceist:

843 Deputy Thomas Byrne asked the Minister for Social and Family Affairs the reason the blind pension is not payable in addition to the contributory State pension. [30224/09]

Blind Person's Pension has always been regarded as a scheme providing income maintenance for persons of working age i.e. up to 66 years. The qualifying criteria for entitlement to Blind Person's Pension are that a person must be over 18 years of age, satisfy a means test and be so blind that he or she cannot perform any work for which eyesight is essential or cannot continue his or her ordinary occupation.

The Blind Person's Pension was reviewed as part of the 2003 Review of the Illness and Disability Payment Schemes, which concluded that these schemes are successful in meeting their objective of providing income support to people with disabilities. As the objective of the Blind Persons Pension is a payment to provide income maintenance for persons of a working age is not considered appropriate to continue payment in addition to the State Pension (Contributory).

Social Welfare Appeals.

Finian McGrath

Ceist:

844 Deputy Finian McGrath asked the Minister for Social and Family Affairs if she will support the case of a person (details supplied) in Dublin 3. [30269/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Programmes.

Thomas P. Broughan

Ceist:

845 Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs the programmes and schemes which continue to be either fully or partly funded by the EU; the amount of funding that is allocated in each case; and if she will make a statement on the matter. [30289/09]

The details of the programmes and schemes that are currently funded by the EU are set out in the following table:

Name of Programme

Funding Details

EU Community Action Programme for Employment and Social Solidarity (PROGRESS) 2007-2013

There is a global budget of €743.25 million for this programme which is the EU’s employment and social solidarity programme covering actions against discrimination, promoting equality between men and women, employment measures and the fight against social exclusion. PROGRESS is open to the 27 E U member states, EU candidate and EFTA/EEA countries. The Department pays up to 20% of the costs involved in the Irish projects which are selected by the European Commission, with the EU providing a maximum of 80% with some exceptions. There is a provision of €90,000 for PROGRESS under Subhead T.2 in the Department’s Estimates for 2009. No expenditure has been incurred to date.

European Social Fund, Human Capital Investment Operational Programme 2007-2013 (The Disability Activation Project)

€10 million is being provided to the pilot project from 2007 to 2013. The Department is funding €5 million of this amount and the EU is funding the other €5 million. There is a provision of €1.5 million for the Disability Activation Project included under Subhead G in the Department’s Estimates for 2009.

Social Welfare Appeals.

Dan Neville

Ceist:

846 Deputy Dan Neville asked the Minister for Social and Family Affairs when an oral hearing will be granted in the case of a person (details supplied) in County Limerick regarding their jobseeker’s allowance claim. [30326/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pat Breen

Ceist:

847 Deputy Pat Breen asked the Minister for Social and Family Affairs the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [30358/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pat Breen

Ceist:

848 Deputy Pat Breen asked the Minister for Social and Family Affairs when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [30362/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code.

Olivia Mitchell

Ceist:

849 Deputy Olivia Mitchell asked the Minister for Social and Family Affairs if in view of the large number of self-employed persons becoming unemployed, it is envisaged that the criteria for qualification for the jobseeker’s allowance will be changed; and if she will make a statement on the matter. [30457/09]

The range of benefits and pensions to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work. This in turn reflects the rate of contribution payable. Self-employed people are liable for PRSI at the Class S rate of 3% and are consequently eligible for a narrower range of benefits than general employees who, together with their employers, pay a total social insurance contribution of 14.05%, excluding levies, under the full-rate PRSI Class A. A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems.

Self-employed workers who do not qualify for an insurance-based benefit may apply for the means-tested Jobseeker's Allowance if their business ceases or if they are on low income as a result of a downturn in the demand for their services. Generally, in assessing the means of a self-employed person, a Social Welfare Inspector will take into account the level of earnings in the preceding 12 months to determine their expected income in the following year. However, with the general downturn in the economy at present, it is accepted that earnings in the previous 12 months may not be representative of expected earnings in the coming year. The Social Welfare Inspector will take account of this fact in projecting future earnings. There are no immediate plans to review the criteria for Jobseekers Allowance. Any such measure would have to be considered within a budgetary context.

Social Welfare Appeals.

Michael Creed

Ceist:

850 Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for domiciliary care allowance; and if she will make a statement on the matter. [30461/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Creed

Ceist:

851 Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for illness benefit; and if she will make a statement on the matter. [30462/09]

I am advised by the Social Welfare Appeals Office that, following an oral hearing of his appeal on 4 June 2009 the person concerned forwarded additional medical evidence in support of his appeal. The medical evidence was forwarded to the Chief Medical Assessor for his opinion and the case has now been referred back to an Appeals Officer for further consideration. The Chief Appeals Officer will write to the Deputy when the appeal has been determined. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Creed

Ceist:

852 Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for carer’s allowance;. [30463/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Creed

Ceist:

853 Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for carer’s benefit; and if she will make a statement on the matter. [30464/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pension Provisions.

James Bannon

Ceist:

854 Deputy James Bannon asked the Minister for Social and Family Affairs the reason a considerable sum of money is being sought from the estate of a person (details supplied); and if she will make a statement on the matter. [30484/09]

The person concerned made an application for Old Age Non-Contributory Pension in November 1999. Based on the information provided at the time of making her claim, she was awarded a pension at a reduced rate.

Following the death of the pensioner, a Schedule of Assets was submitted to the department in line with legislative requirements. On examination, it was found that certain accounts held in financial institutions had not been disclosed by the pensioner when she applied for the Old Age Non-Contributory Pension. Further information supplied by the Solicitor for the Estate confirmed that monies amounting to €87,570.98 had not been disclosed. Accordingly, the deceased pensioner's entitlement to Old Age Non-Contributory Pension was reviewed and it was determined that she had been overpaid to the sum of €14,448.41. The personal representative has been notified that this amount is due to be repaid to the department from the Estate of the deceased pensioner.

This decision has been appealed to the Social Welfare Appeals Office. The personal representative of the Estate will be notified of the outcome of the appeal as soon as a decision is made.

Question No. 855 answered with Question No. 835.

Social Welfare Benefits.

Caoimhghín Ó Caoláin

Ceist:

856 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the number of young people aged 18 and 19 years who are in receipt of the reduced rate of jobseeker’s allowance and basic supplementary allowance of €100 per week which was introduced in May 2009; and if she will make a statement on the matter. [30519/09]

Caoimhghín Ó Caoláin

Ceist:

857 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the number of young people aged 18 and 19 years who have qualified for the €204 rate of jobseeker’s allowance and basic supplementary allowance since 1 May 2009 because they qualify under the exemptions announced in the 7 April 2009 budget; and if she will make a statement on the matter. [30520/09]

I propose to take Questions Nos. 856 and 857 together.

At Week ending 5th September 2009 there were 11,715 Jobseeker Allowance claimants under age 20 in receipt of payment. Of these 9,912 were in receipt of the full personal rate of €204.30 and 1,803 were in receipt of €100.00. In the same week a further 1,820 claimants received Supplementary Welfare Allowance for jobseeker payments in this age category. Of these 549 were in receipt of the full personal rate of €204.30 and 1,271 in receipt of €100.00.

Detailed statistics of the number who have qualified for the €204.30 payment since May are not readily available. In the intervening period some customers would have moved to the higher rate of payment for a variety of reasons to include having reached age 20; being married or co-habiting with a child dependant. Others will have signed off having found work or commenced a course of training.

Caoimhghín Ó Caoláin

Ceist:

858 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the savings to the Exchequer in 2009 arising from the reduced rate of jobseeker’s allowance being paid to 18 and 19 year olds based on the number who have been paid this reduced rate for the past four months; and if she will make a statement on the matter. [30521/09]

On Friday last, September 11, there were 1,969 recipients of jobseeker's allowance whose personal maximum weekly rate of payment was €100 per week. Based on the numbers in receipt of this rate since its introduction in late May and assuming that the number of persons affected continues to increase at a similar rate, the estimated savings in 2009 will be circa €6.7 million.

Caoimhghín Ó Caoláin

Ceist:

859 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if she carried out a poverty impact assessment in line with the requirement of the Cabinet Handbook 2006 on the decision to reduce the jobseeker’s allowance to €100 for 18 and 19 year olds; if so, if she will provide a copy of same; if not, the reason no assessment was carried out on a proposal which reduced the weekly payment to young people by 50%; and if she will make a statement on the matter. [30522/09]

Caoimhghín Ó Caoláin

Ceist:

860 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs her views on the proposal in the McCarthy report to reduce payments to young people aged 20 to 24 years on jobseeker’s allowance to €150 per week; and if she will make a statement on the matter. [30523/09]

Caoimhghín Ó Caoláin

Ceist:

862 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if she will conduct and publish a poverty impact assessment regarding proposals to reduce the weekly social welfare payment to young unemployed people aged 20 to 24 years; and if she will make a statement on the matter. [30548/09]

I propose to take Questions Nos. 859, 860 and 862 together.

The April Supplementary Budget introduced a limited number of social welfare measures, including a 100 per week rate of jobseeker's allowance for certain new claimants aged 18 and 19. The new rate of payment was introduced in order to incentivise 18 and 19 year old jobseekers to avail of education and training opportunities and to avoid them becoming welfare dependent from a young age. The full rate of the relevant allowance is paid without regard to their age to 18 and 19 year olds who:

Participate in a full-time Youthreach course for young early school leavers or a full-time course in a Senior Traveller Training Centre;

Qualify for the Back to Education Allowance (BTEA) for pursuing a full-time second level course or Post Leaving Cert course, or

Participate in a full-time F-S training course.

They can also participate on a PLC course or third level course on the same basis as any other young person and may qualify for a third level grant.

The potential impact of this measure on poverty was considered and as a result it was decided that the new rate of payment would not impact on claimants with children or those who were formerly in the care of the HSE. It also does not apply to those who have exhausted their entitlement to jobseeker's benefit.

The proposals contained in the report of the Special Group on Public Service Numbers and Expenditure Programmes including the proposal therein in relation to the rate of weekly payment to persons on jobseeker's allowance aged between 20 and 24 years of age will be considered in the context of the forthcoming Estimates and Budget processes and in the light of available resources. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes. However, I can assure the Deputy that potential poverty impacts of any proposed changes to social welfare schemes will be considered.

Social Welfare Code.

Catherine Byrne

Ceist:

861 Deputy Catherine Byrne asked the Minister for Social and Family Affairs her views on proposals to tax or means test child benefit payments; her further views on the effects such measures would have on families here; and if she will make a statement on the matter. [30544/09]

As you will be aware, the rates of child benefit have increased significantly since 2001 having trebled for the first two children and increased by over 185% for the third and subsequent children. Overall expenditure on child benefit grew from just under €965 million in 2001 to nearly €2.5 billion in 2008 as a result of these increases and growth in the number of eligible children. The Government was able to direct such substantial increases in financial support to all Irish families in recent years. However, given the scale of the current economic crisis, it is necessary to address all aspects of the public finances so as to avoid excessive borrowing and to ensure that fairness exists in the allocation of resources.

It was in this context that the Minister for Finance announced in the Supplementary Budget the Government's intention to either subject CB to income tax or means-testing from 2010. To this end, he requested the Commission on Taxation to examine and report on these options. The Commission on Taxation and the report of the Special Group on Public Service Numbers and Expenditure Programmes have put forward proposals for changes to child benefit. Any changes to Child Benefit would be for the Government to consider in a budgetary context. I assure the Deputy that the Government will be mindful of the needs of families, particularly those on lower incomes.

Question No. 862 answered with Question No. 860.

Social Welfare Appeals.

Pat Breen

Ceist:

863 Deputy Pat Breen asked the Minister for Social and Family Affairs when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [30554/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Family Support Services.

Pat Breen

Ceist:

864 Deputy Pat Breen asked the Minister for Social and Family Affairs her views on the role of family resource centres in our communities; if funding will continue to be provided for these centres; and if she will make a statement on the matter. [30567/09]

Joe Costello

Ceist:

868 Deputy Joe Costello asked the Minister for Social and Family Affairs if she will ensure that a centre (details supplied) in Dublin 3 which provides a service to the local community in the north inner city is retained and properly resourced. [30669/09]

I propose to take Questions Nos. 864 and 868 together.

The Family and Community Services Resource Centre Programme is operated by the Family Support Agency which is under the auspices of my Department. There are currently 107 Family Resource Centres (FRCs) nationwide. The total budget for the Family and Community Services Resource Centre Programme in 2009 is over €18m.

The aim of this Programme is to combat disadvantage and improve the function of the family unit. The emphasis in Family Resource Centres (FRC) is on the involvement of the local community in developing approaches to tackle the problems they face and on creating successful partnerships between the voluntary and statutory agencies in the area concerned. FRCs assess the needs of their local communities and ensure that there are services and supports in place to address these needs. They involve people from marginalised groups and areas of disadvantage at all levels in the project.

The Report of the Special Group on Public Service Numbers and Expenditure Programmes, published on 16th July made a range of recommendations relating to the Department of Social and Family Affairs including that the Family Support Agency and most of its programmes be discontinued. The Report’s recommendations are currently under consideration and a decision on these will be made in due course by Government.

Social Welfare Appeals.

Tom Hayes

Ceist:

865 Deputy Tom Hayes asked the Minister for Social and Family Affairs when a decision on a disability allowance appeal will be made on behalf of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [30574/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the relevant documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out on 22 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

Róisín Shortall

Ceist:

866 Deputy Róisín Shortall asked the Minister for Social and Family Affairs if she has sought advice from the Attorney General or any other legal source on whether her decision to abolish the Christmas bonus in 2009 conforms with the principle of legitimate expectation for welfare and pension claimants; and if so, will she place a copy of that advice in the library of Dáil Éireann. [30595/09]

Denis Naughten

Ceist:

924 Deputy Denis Naughten asked the Minister for Social and Family Affairs the facilities she plans to put in place if the Christmas bonus is not paid to social welfare recipients in 2009 in view of the hardships this will place on such people; and if she will make a statement on the matter. [31535/09]

Kathleen Lynch

Ceist:

926 Deputy Kathleen Lynch asked the Minister for Social and Family Affairs her plans in relation to the restoration of the Christmas bonus for social welfare recipients; and if she will make a statement on the matter. [31552/09]

I propose to take Questions Nos. 866, 924 and 926 together.

The Christmas Bonus payment was introduced in December, 1980, for social welfare pensioners and people who are in receipt of long term social welfare payments. There have been a number of developments in this scheme since its inception, including changes in the level of the bonus payment, the introduction of a minimum payment and the extension of the categories of eligible claimants.

Each year the Government makes a decision on the payment of the Christmas bonus having regard to the prevailing economic circumstances. This year it has been necessary for the Government to take steps to reduce overall public expenditure so as to restore order and stability to the public finances. In this context, the decision was made that the Christmas bonus would not be paid in 2009. The decision was announced in the April 2009 Supplementary Budget to give people advance notice so that they could adjust their finances accordingly.

The money advice and budgeting service (MABS) which provides assistance for people with debt difficulties, operates from 65 locations throughout the country, and can be contacted either through a National Telephone Helpline or a website. The Government is providing almost €18 million this year to the MABS to enable them to assist people with managing their finances and coping with debt problems.

Social Welfare Appeals.

Tom Hayes

Ceist:

867 Deputy Tom Hayes asked the Minister for Social and Family Affairs the position regarding an appeal by a person (details supplied) in County Tipperary in relation their claim for a disability allowance. [30656/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Question No. 868 answered with Question No. 864.

Michael Creed

Ceist:

869 Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for illness benefit; and if she will make a statement on the matter. [30671/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Question No. 870 withdrawn.

Pat Breen

Ceist:

871 Deputy Pat Breen asked the Minister for Social and Family Affairs when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [30692/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out on 24 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

James Bannon

Ceist:

872 Deputy James Bannon asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Longford has been refused a jobseeker’s allowance on the grounds that requested documentation was not submitted, as all documentation was sent to her Department and evidence has since been supplied. [30724/09]

The person concerned submitted an application for Jobseekers Allowance on 22 June 2009. One of the conditions for receipt of Jobseekers Allowance is that the person must be habitually resident in the State. The habitual residence condition requires the applicant to satisfy that they meet certain conditions, including that their centre of interest is in Ireland and that their future intentions, as demonstrated, are to remain in Ireland. The person concerned was found not to be habitually resident in the State. Accordingly, his application was disallowed and he was notified of this decision on 2 September 2009 and of his right of Appeal.

A notice of appeal has been forwarded to the Social Welfare Appeals Office. The Social Welfare Appeals Office is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code.

Richard Bruton

Ceist:

873 Deputy Richard Bruton asked the Minister for Social and Family Affairs her views on developing proposals which would permit persons who have been self-employed, whose business is no longer viable, to make a career change under the back to education scheme without the requirement to entirely abandon their self-employed activities; and if she will make a statement on the matter. [30766/09]

Since its introduction, the underlying objective of the back to education allowance (BTEA) scheme has been to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. In order to qualify for participation an applicant must be in receipt of a relevant social welfare payment for 3 months if pursuing a second level course or for 12 months if pursuing a third level course. The qualifying period for access to third level courses is reduced to 9 months for those who participate in the National Employment Action Plan process or engage with the Department's facilitator programme. People who are awarded statutory redundancy may access the scheme immediately, provided entitlement to a relevant social welfare payment is established prior to commencing an approved course of study.

A self-employed person who finds that their business is no longer viable may qualify for job seeker's allowance subject to a means test. The means test involves an assessment of the person's savings and investments, any property they may own excluding the family home, and income from other sources including self-employment. A self-employed person who qualifies for jobseeker's allowance can access the back to education allowance provided they satisfy the qualifying conditions of the scheme. In such cases payment is made at the equivalent of the maximum personal rate of jobseeker's allowance and there is no requirement to abandon the self-employment activity.

Social Welfare Appeals.

Pat Breen

Ceist:

874 Deputy Pat Breen asked the Minister for Social and Family Affairs when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [30768/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out on 23 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pension Provisions.

Willie Penrose

Ceist:

875 Deputy Willie Penrose asked the Minister for Social and Family Affairs the number of persons in receipt of contributory and non-contributory State pensions in each of the years 1965, 1975, 1985, 1995 and 2005; and the maximum rate of payment in respect of each pension for each year. [30797/09]

The number of people in receipt of contributory* and non-contributory pensions and the rates of payment for the years in question are as follows:

Year

Contributory pensions

Max. rate

Non-contributory pensions

Max. rate

1965

39,575

3.17

112,155**

3.02

1975

76,635

13.33

131,478**

11.81

1985

108,892

65.26

126,058

55.87

1995

134,940

90.15

102,984

77.45

2005

215,658

179.30

84,454

166.00

*Includes Retirement Pension — now State Pension (Transition).

**Includes recipients of Blind Pension.

Social Welfare Appeals.

Dan Neville

Ceist:

876 Deputy Dan Neville asked the Minister for Social and Family Affairs when a jobseeker’s claim, which is on appeal, will be resolved in respect of a person (details supplied) in County Limerick. [30821/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Dan Neville

Ceist:

877 Deputy Dan Neville asked the Minister for Social and Family Affairs when an oral hearing will be given to a person (details supplied) in County Limerick; and if she will make a statement on the matter. [30822/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Paul Connaughton

Ceist:

878 Deputy Paul Connaughton asked the Minister for Social and Family Affairs when a decision will be made on an appeal for disability benefit in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [30836/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Olwyn Enright

Ceist:

879 Deputy Olwyn Enright asked the Minister for Social and Family Affairs if she will confirm receipt of an appeal by a person (details supplied) in County Offaly; when a decision will be made on same; and if she will make a statement on the matter. [30857/09]

Payment of illness benefit to the person concerned was discontinued following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work.

I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. On receipt of her response the relevant departmental papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration. The person concerned has also submitted an Invalidity Pension appeal which is being similarly processed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pension Provisions.

Denis Naughten

Ceist:

880 Deputy Denis Naughten asked the Minister for Social and Family Affairs if a person (details supplied) is approved for an invalidity pension, will that person keep their stamps at class A up to date in order that they will be entitled to a full State contributory pension at the age of 65; if they will need to make voluntary contributions; and if she will make a statement on the matter. [30875/09]

In general, individuals in receipt of an Invalidity Pension are awarded credited PRSI contributions which may keep their PRSI record up to date. Credits are awarded to help protect the social insurance entitlements of insured people during periods when they may not be in a position to pay contributions. In order to qualify for credits an individual must have at least 1 PRSI paid contribution at PRSI Class A, B, C, D, E or H. It is also necessary to have paid or credited contributions in either of the last two complete income tax years, prior to claiming. Credits awarded in respect of the Invalidity Pension are reckonable towards the State Pension (Contributory), subject, of course, to other criteria being satisfied. If an individual is not eligible for credits it is possible to pay voluntary contributions in order to keep a PRSI record up to date.

Social Welfare Appeals.

Tom Hayes

Ceist:

881 Deputy Tom Hayes asked the Minister for Social and Family Affairs the position regarding an appeal by a person (details supplied) in County Tipperary in respect of their claim for an invalidity pension. [30882/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

Damien English

Ceist:

882 Deputy Damien English asked the Minister for Social and Family Affairs the average waiting times for a decision from deciding officers for carer’s allowance, disability allowance, invalidity pensions, jobseeker’s allowance, child benefit, family income supplement, non-contributory State pensions, non-contributory widow’s pension and supplementary welfare allowance in tabular form. [30886/09]

Damien English

Ceist:

883 Deputy Damien English asked the Minister for Social and Family Affairs the average waiting times from date of application to decision date for carer’s allowance, disability allowance, invalidity pensions, jobseeker’s allowance, child benefit, family income supplement, non-contributory State pensions, non-contributory widow’s pension and supplementary welfare allowance in tabular form. [30888/09]

I propose to take Questions Nos. 882 and 883 together.

The average processing times for the schemes referred to by the Deputy are as follows:

Scheme

Carers Allowance

9.95 weeks

Disability Allowance

17 weeks

Invalidity Pension

13 weeks

Jobseekers Allowance

7.76 weeks

Family Income Supplement

7 weeks

State Pension Non-Contributory

8 weeks

Widows Pension Non-Contributory

12 weeks

Child Benefit

4 weeks*

*Where all the family reside in Ireland the average processing time from receipt of claim to decision date is 4 weeks. Where the family reside in another EU Country and either parent is working or in receipt of a SW benefit in Ireland, the average processing time is 8 months.

Greater than 95% of Basic SWA applications are decided on and paid within the week.

In compiling statistics to determine average processing times for the various schemes in the Department, the parameter dates are the date the claim was made by the customer (i.e. the registration date) and the date the decision was given by the deciding officer.

Pension Provisions.

Leo Varadkar

Ceist:

884 Deputy Leo Varadkar asked the Minister for Social and Family Affairs if she will amend the Protection of Employees (Employers Insolvency) Act 1984 and the pension insolvency protection scheme; the reason she has not amended same to date; and if she will make a statement on the matter. [30896/09]

The Social Welfare and Pensions Act 2009 enabled the Minister for Finance to establish a Pensions Insolvency Payments Scheme (PIPS) on a pilot basis for a three year period. This scheme is intended as an option of last resort and a social protection measure to assist pension schemes where the employer is insolvent and the pension scheme is in deficit and is being wound up. The PIPS is intended to make it cheaper to pay for the pensions of retired pension scheme members, so that more money is available for the pension benefits of those who have not yet retired.

This scheme uses the definition of insolvency as set out in the insolvency payments scheme administered by the Department of Enterprise Trade and Employment and as set out in the Protection of Employees (Employers Insolvency) Act 1984. It is considered appropriate in the context of the PIPS scheme to use the definition of insolvency as set out in the 1984 Act. It is not intended to propose any change to this definition.

Social Welfare Benefits.

Leo Varadkar

Ceist:

885 Deputy Leo Varadkar asked the Minister for Social and Family Affairs the cost of mortgage interest supplement per month or quarter for each of the past five years; and if she will make a statement on the matter. [30908/09]

Expenditure on mortgage interest supplement on a quarterly basis for the past 5 years is shown in the tabular statement below.

Expenditure on Mortgage Interest Supplement on a Quarterly Basis, 2004 to 2009

Year

Quarter 1

Quarter 2

Quarter 3

Quarter 4

Total

€000

€000

€000

€000

€000

2004

1,687

1,609

1,521

1,516

6,333

2005

1,544

1,562

1,590

1,644

6,340

2006

1,748

1,839

2,004

2,281

7,872

2007

2,474

2,678

3,189

3,857

12,198

2008

4,480

5,511

7,437

10,247

27,675

20091

13,347

15,650

10,546

39,543

1 To End August 2009

Social Welfare Code.

Leo Varadkar

Ceist:

886 Deputy Leo Varadkar asked the Minister for Social and Family Affairs if the spouse of a sole trader who worked in the business of the sole trader but was not formally employed and did not make PRSI contributions will be entitled to a contributory pension on the basis of PRSI contributions made by their spouse; and if she will make a statement on the matter. [30911/09]

Social insurance contributions provide entitlement only in respect of the employed or self-employed contributor who makes the contribution. Spouses working for self-employed contributors are specifically excepted from social insurance contributions. The exceptions apply to both men and women in family employment and recognise the practical difficulties in establishing the nature of a genuine employment relationship in such circumstances. However, the legislation provides the scope necessary to allow spouses or assisting relatives to enter into formal arrangements for a contract of employment or self-employment whereby PRSI contributions will be payable.

On foot of a Programme for Government commitment an information leaflet, ‘Working with your spouse: how it affects your social welfare contributions and entitlements', was developed to set out the social welfare and tax implications of families co-working in a shared business. It was published in 2008. The leaflet clarifies that spouses who operate in a commercial partnership may be brought into the social insurance system, subject to certain criteria.

In this way, both spouses incur a liability to pay self-employed PRSI and build up entitlement towards a contributory state pension and other Social Welfare benefits. Application for benefits would take place in the usual way, following any approval of an application for commercial partnership status and the payment of any resulting PRSI liabilities. The leaflet may be of interest to self-employed workers and their spouses generally. Persons interested in applying for partnership status should firstly study a copy of the leaflet, available from the Information Section of the Department or at www.welfare.ie, which sets out the application procedure in detail.

Social Welfare Appeals.

Paul Connaughton

Ceist:

887 Deputy Paul Connaughton asked the Minister for Social and Family Affairs when a decision will be made on an illness benefit appeal in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [30934/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code.

Brian O'Shea

Ceist:

888 Deputy Brian O’Shea asked the Minister for Social and Family Affairs if she will revise the guidelines in regard to the back to work enterprise scheme in order that all participants on the scheme whose claims were in payment when the new guidelines were introduced, will benefit under the new arrangements; and if she will make a statement on the matter. [30935/09]

One of the goals of the social welfare system is to be responsive to the needs of people of working age and to facilitate them taking up relevant employment opportunities. In order to respond effectively to the growing numbers on the Live Register and the continuing contraction in employment, it was decided to refocus resources on the enterprise strand of the back to work allowance which supports people into self employment. The short term enterprise allowance (STEA), introduced from 1 May 2009, provides immediate access to support where people who have lost their jobs and qualify for Jobseekers' Benefit wish to set up a business. Payment under the scheme is at the same rate and for the same duration as their entitlement to Jobseeker's Benefit.

The qualifying period required for jobseekers on the live register to access to the back to work enterprise allowance scheme has been reduced from 2 years to 12 months provided the person has an entitlement to jobseeker's allowance. Those who do not have an underlying entitlement to jobseeker's allowance can access the scheme, as before, subject to the 2 year qualifying period. The period for which the allowance is payable is 2 years at 100% of existing social welfare entitlement in the first year and 75% in the second year. People who were in receipt of the allowance before 1 May 2009 will continue to be eligible for the scheme for the full four year period and will continue to be paid their entitlements. Furthermore, people who previously participated in the back to work enterprise allowance scheme may apply a second time after a period of at least 5 years has elapsed.

These changes significantly strengthen the supports for jobseekers wishing to move to self employment. The qualifying conditions will continue to be monitored in the context of the objectives of the scheme and changing economic circumstances.

Social Welfare Appeals.

Michael McGrath

Ceist:

889 Deputy Michael McGrath asked the Minister for Social and Family Affairs the position regarding an illness benefit appeal in respect of a person (details supplied) in County Cork. [30939/09]

I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned, the relevant Departmental papers and comments of the Department have been sought. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

890 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for disability allowance will be finalised for a person (details supplied) in County Mayo. [30947/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

891 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for carer’s allowance in respect of a person (details supplied) in County Mayo will be finalised. [30948/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

892 Deputy Michael Ring asked the Minister for Social and Family Affairs when an oral hearing will be held for a person (details supplied) in County Mayo. [30955/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

893 Deputy Michael Ring asked the Minister for Social and Family Affairs the outcome of a carer’s allowance appeal for a person (details supplied) in County Mayo. [30957/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

894 Deputy Michael Ring asked the Minister for Social and Family Affairs when a carer’s allowance appeal will be finalised for a person (details supplied) in County Mayo. [30961/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

Michael Ring

Ceist:

895 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded disability allowance. [30962/09]

Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test. The person concerned applied for Disability Allowance on 21 July 2009. His claim was assessed by a Medical Assessor and he was deemed medically suitable for Disability Allowance.

Following a means investigation by a Social Welfare Inspector he was assessed with weekly means of €49.09 from self employment from farming. Based on this means assessment the person concerned is entitled to Disability Allowance at a reduced weekly rate of €156.80, plus a Living Alone Allowance of €7.70 which gives a weekly total of €164.50. He would also qualify for Free Fuel Allowance of €20.00 per week during the Free Fuel season from September to May. The person concerned is currently in receipt of Farm Assist at a weekly rate of €184.30. As it would not be to his financial advantage to be transferred to Disability Allowance a letter issued to him on 10 September 2009 giving him the option to transfer to Disability Allowance or remain on Farm Assist. This letter also informed him that if he opted to transfer to Disability Allowance he would automatically be entitled to a Free Travel Pass and if he satisfies the conditions he may also qualify for certain Free Schemes i.e. Electricity Allowance, Television Licence and Telephone allowance.

The person concerned was asked to reply within twenty one days and was informed that if no reply was received it would be taken that he wished to withdraw his application for Disability Allowance and remain on Farm Assist. If he wishes to proceed with his Disability Allowance application he will be awarded it from the 21 July 2009 and his Farm Assist payment will be stopped. To date no reply has been received from the person concerned.

Social Welfare Appeals.

Michael Ring

Ceist:

896 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for child benefit will be finalised for a person (details supplied) in County Mayo. [30965/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

897 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for illness benefit will be finalised for a person (details supplied) in County Mayo. [30966/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor was arranged for 14 September 2009. The Appeals Office will be in contact with the person concerned when the outcome of the examination is to hand. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

Michael Ring

Ceist:

898 Deputy Michael Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo will be approved and awarded disability allowance. [30968/09]

Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

The person concerned applied for Disability Allowance on 5 August 2009. Her claim was assessed by a Medical Assessor and she was deemed medically suitable for Disability Allowance. Following a means investigation by a Social Welfare Inspector she was assessed with weekly means of €52.50 from employment. Based on this means assessment the person concerned is entitled to Disability Allowance at a reduced weekly rate of €151.80, plus a weekly Living Alone Allowance of €7.70 which gives a weekly total of €159.50. She would also qualify for a Free Fuel Allowance of €20.00 per week during the Free Fuel season from September to May.

The person concerned is currently in receipt of Invalidity Pension at a weekly rate of €209.80 plus a Living Alone Allowance of €7.70 which gives a weekly total of €217.50. As it would not be to her financial advantage to be transferred to Disability Allowance a letter issued to the person concerned on 10 September 2009 giving her the option to transfer to Disability Allowance or remain on Invalidity Pension. This letter also informed her that if she opted to transfer to Disability Allowance she would automatically be entitled to a Free Travel Pass and if she satisfies the qualification conditions she may also qualify for certain Free Schemes i.e. Electricity Allowance, Television licence and Telephone allowance. The person concerned was asked to reply within twenty one days and was informed that if no reply was received it would be taken that she wished to withdraw her application for Disability Allowance and remain on Invalidity Pension. If she wishes to proceed with her Disability Allowance application she will be awarded it from the 5 August 2009 and her Invalidity pension will be stopped. To date no reply has been received from the person concerned.

Social Welfare Appeals.

Michael Ring

Ceist:

899 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for disability allowance for a person (details supplied) in County Mayo will be finalised. [30969/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

900 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for carer’s allowance in respect of a person (details supplied) in County Mayo will be finalised. [30977/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

901 Deputy Michael Ring asked the Minister for Social and Family Affairs when a disability allowance appeal will be finalised in respect of a person (details supplied) in County Mayo. [30978/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

902 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for farm assist will be finalised in respect of a person (details supplied) in County Mayo. [30979/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

903 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for carer’s allowance will be finalised in respect of a person (details supplied) in County Mayo. [30993/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Fergus O'Dowd

Ceist:

904 Deputy Fergus O’Dowd asked the Minister for Social and Family Affairs the position regarding a carer’s allowance application in respect of a person (details supplied) in County Meath; and if she will make a statement on the matter. [31003/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code.

Alan Shatter

Ceist:

905 Deputy Alan Shatter asked the Minister for Social and Family Affairs if she acknowledges the essential assistance provided to parents of all children and in particular of twins and other multiple births by child benefit; her views on the recommendations relating to child benefit made in the McCarthy report and in the report of the Commission on Taxation; and the steps she proposes to take in the context of the proposals made. [31014/09]

Child benefit is a monthly payment made in respect of qualified children to assist in the costs associated with child rearing and in the alleviation of poverty in larger families. Currently the standard monthly rates of child benefit in respect of single births are €166.00 in respect of each of the first and second child and € 203.00 for the third and subsequent children. In addition, with regard to multiple births, parents of twins are paid child benefit at one and a half times the standard monthly rate for each qualified child. Child benefit is paid in respect of multiple births of triplets or greater at double the normal monthly rate for each qualified child. Furthermore a special grant of €635.00 is paid in respect of multiple births at the birth and further grants of €635.00 when the children reach age 4 and 12 years.

As you will be aware, the rates of child benefit have increased significantly since 2001 having trebled for the first two children and increased by over 185% for the third and subsequent children. Overall expenditure on child benefit has grown from just under €965 million in 2001 to nearly €2.5 billion in 2008 as a result of these increases and growth in the number of eligible children. The Government was able to direct such substantial increases in financial support to all Irish families in recent years. However, given the scale of the current economic crisis, it is necessary to address all aspects of the public expenditure programmes, including social welfare programmes, so as to avoid excessive borrowing and to ensure that fairness exists in the allocation of resources.

It was in this context that the Minister for Finance announced in the Supplementary Budget the Government's intention to subject CB to either income tax or means-testing from 2010. To this end, he requested the Commission on Taxation to examine and report on this option. I am informed by the Minister for Finance that he will consider recommendations in relation to child benefit recently presented by the Commission on Taxation and proposals contained in The Report of Special Group on Public Service Numbers and Expenditure Programmes, in the context of overall taxation policy and the prevailing social and economic environment.

Social Welfare Appeals.

Michael Ring

Ceist:

906 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal will be heard in relation to jobseeker’s allowance in respect of a person (details supplied) in County Mayo. [31045/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

Michael Ring

Ceist:

907 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded farm assist. [31050/09]

The farm assist claim from the person concerned was awarded on 18 August, 2009. His current weekly rate of payment is €111.90. This payment includes increases in respect of a qualified adult and children, less weekly means of €280.00. His first payment, which included all arrears due, issued to him on 21 August, 2009. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Social Welfare Appeals.

Michael Ring

Ceist:

908 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal will be heard in relation to domiciliary care allowance in respect of a person (details supplied) in County Mayo. [31051/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

909 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be called for an oral hearing. [31052/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made.

As regards waiting times, I am advised that the average time taken in 2008 to process all appeals (i.e. those decided summarily and by way of oral hearing) was 22 weeks. However, if allowance is made for the 25% most protracted cases, the average time fell to just over 14 weeks. Those average processing times replicate those for 2007 notwithstanding the fact there was an increase of 27% in the number of appeals received during 2008. There has been an increase of 32% in the number of appeals received so far this year compared to last year and, having regard to the current volume of appeals awaiting determination, two additional Appeals Officers were appointed to the Social Welfare Appeals Office earlier this year. Furthermore, I am advised that the Chief Appeals Officer is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals having regard to due process in terms of the rights of appellants and adherence to the requirements of natural justice.

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

910 Deputy Michael Ring asked the Minister for Social and Family Affairs the position in relation to a carer’s allowance appeal in respect of a person (details supplied) in County Mayo. [31053/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

Olwyn Enright

Ceist:

911 Deputy Olwyn Enright asked the Minister for Social and Family Affairs if she will reconsider continuing a payment to a person (details supplied) in County Offaly; if her attention has been drawn to the fact that they will not be able to complete their course unless this payment is restored; and if she will make a statement on the matter. [31057/09]

Under the back to education allowance (BTEA) scheme, a person in receipt of a social welfare payment may receive support to pursue a full time course of education. The person referred to by the Deputy is in receipt of one parent family payment from this Department. It is understood that the person is pursuing a part time BA in Social Care. A contribution was provided previously towards the initial cost of the course. Funding of this nature is on a once off basis. The Department of Social and Family Affairs does not have a system of support to cover the payment of fees for part time education courses.

Social Welfare Code.

Niall Collins

Ceist:

912 Deputy Niall Collins asked the Minister for Social and Family Affairs if application forms for rent allowance will be amended to provide a mandatory field in which the applicant submits the landlord’s PPS number and the Private Residential Tenancies Board registration number; and if she will make a statement on the matter. [31059/09]

The Finance Act 2007 introduced a provision to enable the Department of Social and Family Affairs to collect the PPS or other tax reference number of a landlord of a rent supplemented tenancy and supply these to the Revenue. Since October 2008, landlord's PPS numbers have been collected in respect of rent supplement claims and this data will be transmitted to the Revenue by the end of this year.

Under the Residential Tenancies Act 2004, landlords are legally obliged to register tenancies with the Private Residential Tenancies Board (PRTB). The Department is working with the PRTB to ensure that all tenancies where rent supplement is in payment are registered with the PRTB. To that end, the Department provides details of rent supplement payments to the PRTB to enable them identify tenancies that are not registered and to take any follow-up action necessary.

Social Welfare Appeals.

Michael Noonan

Ceist:

913 Deputy Michael Noonan asked the Minister for Social and Family Affairs when a decision will be made on an appeal in respect of an application for carer’s allowance by a person (details supplied) in County Limerick; and if she will make a statement on the matter. [31188/09]

I am advised by the Social Welfare Appeals Office that the appeal has been allowed in this case. The person concerned was notified of the Appeals Officers decision on 11 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Staff.

Niall Collins

Ceist:

914 Deputy Niall Collins asked the Minister for Social and Family Affairs if civil servants from her Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of her Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to her Department as their direct employer; her policy in this regard; and if she will make a statement on the matter. [31233/09]

The four statutory agencies operating under the aegis of the Department are the Pensions Board, the Citizens Information Board, the Family Support Agency and the Social Welfare Tribunal. In addition the Pensions Ombudsman comes under the remit of the Department. Civil Servants from the Department who are members of boards or who hold other positions in these agencies do not receive a fee, salary or remuneration. However, Civil Servants who incur travel or subsistence expenses in relation to their role on the boards or other positions are entitled to be reimbursed at the appropriate civil service rates.

Question No. 915 answered with Question No. 828.

Social Welfare Benefits.

Dan Neville

Ceist:

916 Deputy Dan Neville asked the Minister for Social and Family Affairs if she will ensure that a person (details supplied) in County Limerick has their domiciliary allowance reinstated. [31268/09]

The transfer of the Domiciliary Care Allowance scheme from the Health Service Executive to this Department arises from a Government decision on 28 February 2006 to reallocate certain functions between Departments and Agencies as part of the health service reform programme. The transfer is taking place in two stages:

Since 1 April 2009 all new claims for Domiciliary Care Allowance are being decided by the Department.

From September 2009 the Department will take over responsibility for the payment of all Domiciliary Care Allowance claims from the Health Service Executive.

Over the last number of months the details of all Domiciliary Care Allowance recipients, including the details of the person in question, were transferred from the HSE to the Department in order to facilitate the Department in making its first payment to these individuals on 15 September 2009. However on 3 September 2009 the HSE advised the Department that the person in question was no longer entitled to Domiciliary Care Allowance with effect from August 2009. If this person is not satisfied with the decision of the Executive they should raise this matter directly with the HSE.

Sean Sherlock

Ceist:

917 Deputy Seán Sherlock asked the Minister for Social and Family Affairs the status of an application for carer’s allowance by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31272/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael McGrath

Ceist:

918 Deputy Michael McGrath asked the Minister for Social and Family Affairs the position regarding the payment of illness benefit to a person (details supplied) in County Cork. [31288/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Appeals.

Paul Kehoe

Ceist:

919 Deputy Paul Kehoe asked the Minister for Social and Family Affairs when the appeal for jobseeker’s allowance for a person (details supplied) will be dealt with; the effort she is making to reduce the waiting times for appeals; and if she will make a statement on the matter. [31298/09]

In relation to the person concerned, I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department's deciding officer on the grounds of the appeal have been received and that the case has been referred to an Appeals Officer for consideration. Every effort will be made to have the appeal determined as quickly as possible.

As regards waiting times, I am advised that the average time taken in 2008 to process all appeals (i.e. those decided summarily and by way of oral hearing) was 22 weeks. However, if allowance is made for the 25% most protracted cases, the average time fell to just over 14 weeks. Those average processing times replicate those for 2007 notwithstanding the fact there was an increase of 27% in the number of appeals received during 2008. There has been an increase of 32% in the number of appeals received so far this year compared to last year and, having regard to the current volume of appeals awaiting determination, two additional Appeals Officers were appointed to the Social Welfare Appeals Office earlier this year.

Furthermore, I am advised that the Chief Appeals Officer is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals having regard to due process in terms of the rights of appellants and adherence to the requirements of natural justice. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code.

Paul Kehoe

Ceist:

920 Deputy Paul Kehoe asked the Minister for Social and Family Affairs her view, in view of the economic situation and the effects on self-employed people, on altering the contribution system to enable those in self-employment to be able to claim jobseeker’s benefit or an equivalent payment; and if she will make a statement on the matter. [31301/09]

The range of benefits and pensions to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work. This in turn reflects the rate of contribution payable. Self-employed people are liable for PRSI at the Class S rate of 3% and are consequently eligible for a narrower range of benefits than general employees who, together with their employers, pay a total social insurance contribution of 14.05%, excluding levies, under the full-rate PRSI Class A.

Self-employed workers are not insured against short-term benefits such as illness and jobseeker's payments — these are only available to persons covered by PRSI Classes A, E, H and P. This reflects the need for coverage for various contingencies, the rate of contributions that self-employed persons pay, the practicalities of administering and controlling access to short-term payments and the annualised system of contributions that these same persons enjoy. A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems.

There are no immediate plans to extend cover for short-term benefits to this group of insured workers. Any such measure would have significant financial implications and would have to be considered within a budgetary context. Consideration would also have to be given to an appropriate increase in the rate of the PRSI Class S contribution.

Self-employed workers who do not qualify for an insurance-based benefit may establish entitlement to assistance-based payments such as Jobseekers Allowance. They can apply for the means-tested Jobseekers Allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. In general their means will take account of the level of earnings in the last twelve months in determining their expected income for the following year. In the current climate account is taken of the downward trend in the economy. It is accepted that future earnings may be lower than those of previous years and this is factored in projecting future earnings, with account being taken of the potential for significant upward or downward variations in income from one year to the next.

John Cregan

Ceist:

921 Deputy John Cregan asked the Minister for Social and Family Affairs the supports that are available from her Department for a person who was made redundant and wishes to start up their own business. [31331/09]

The Department operates a number of schemes to assist unemployed people who wish to become self-employed, namely the Short Term Enterprise Allowance (STEA) and the Back to Work Enterprise Allowance (BTWEA). The short term enterprise allowance (STEA), introduced from 1 May 2009, provides immediate access to support where people who have lost their jobs and qualify for Jobseekers' Benefit wish to set up a business. Payment under the scheme is at the same rate and for the same duration as their entitlement to Jobseeker's Benefit.

The back to work enterprise allowance (BTWEA) is designed to provide a monetary incentive for people who are dependant on social welfare payments to develop a business while allowing them to retain a reducing proportion of their qualifying social welfare payment, plus secondary benefits, over two years; 100% in year 1 and 75% in year 2. The qualifying period required for access to back to work enterprise allowance (BTWEA) is 12 months provided a person has an underlying entitlement to Jobseeker's Allowance.

Under both schemes, those taking up self-employment must first have their self-employment project approved as viable and sustainable. In partnership areas this will be done by the partnership company. In non-partnership areas this will be done by the department's local facilitator. Approval normally involves an interview with the applicant to assess the viability of the proposed project, to provide advice on funding or on "Start Your Own Business" courses and other relevant aspects.

In the context of the STEA and BTWEA schemes, the Department operates a technical assistance and training scheme (TATS) under which a participant may qualify for a grant up to a maximum of €1,000 towards certain business start-up expenses. This fund is designed to enhance the person's prospects of succeeding in becoming independent of the social welfare system through support for training in the areas of starting a business, book-keeping/accounts, preparation of business plans, marketing, literacy and computer training or assistance with the purchase of small items of equipment. It is administered through the department's facilitator network based in social welfare local offices. In addition local County Enterprise Boards offer support and advice to persons setting up their own business.

Social Welfare Benefits.

John McGuinness

Ceist:

922 Deputy John McGuinness asked the Minister for Social and Family Affairs if increased rent supplement will be awarded in the case of a person (details supplied) in County Laois. [31338/09]

The purpose of the rent supplement scheme is to provide short-term support to eligible persons living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from another source. The person concerned was in receipt of rent supplement of €52 a week. The Supplementary Budget earlier this year provided that the weekly minimum contribution which a rent supplement recipient must pay towards his/her rent be increased from €18 to €24, with effect from 1 June 2009.

Payments currently being made to existing rent supplement tenants were also reduced by 8% from the same date. These measures account for the reduction in the rent supplement payment of the person concerned to €42 a week. Existing recipients of rent supplement were advised by letter in advance of the change being made to their rent supplement payment from 1 June 2009. The Health Service Executive has advised that the person concerned is in receipt of his full entitlement to rent supplement, based on his personal circumstances.

Paul Kehoe

Ceist:

923 Deputy Paul Kehoe asked the Minister for Social and Family Affairs the reason the illness benefit claim in respect of a person (details supplied) was refused; the options available to them; and if she will make a statement on the matter. [31422/09]

Payment of illness benefit, to the person concerned, was discontinued following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was opened and in the context of that appeal an examination by another Medical Assessor will be carried out on 30 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Question No. 924 answered with Question No. 866.

Dan Neville

Ceist:

925 Deputy Dan Neville asked the Minister for Social and Family Affairs if a jobseeker’s allowance application will be processed in respect of a person (details supplied) in County Limerick without further delay. [31543/09]

The person concerned was in receipt of Jobseeker's Benefit from 6 November 2008 to 5 August 2009 when her entitlement to this payment expired. She has now applied for Jobseeker's Allowance. Since 1 May 2004 applicants for a range of social assistance payments must satisfy the condition of being habitually resident in Ireland. The person concerned has completed the habitual residency condition form and her application is currently under consideration. She will be advised of the outcome immediately after a decision is made.

Question No. 926 answered with Question No. 866.

Social Welfare Appeals.

Tom Hayes

Ceist:

927 Deputy Tom Hayes asked the Minister for Social and Family Affairs when a decision will be made on an invalidity pension appeal on behalf of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [31566/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Expenditure.

Damien English

Ceist:

928 Deputy Damien English asked the Minister for Social and Family Affairs the amount of money spent on advertising and promotions in her Department and each agency under her aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if she will make a statement on the matter. [31582/09]

The total amount spent on advertising and promotions in the period 2004 to 2009 by the Department and each of the agencies under its aegis is outlined in the attached table. The amount spent on advertising and promotions in any one year is determined by the number of advertising and promotion campaigns undertaken.

Advertising Expenditure 2004-2009

Organisation

2004

2005

2006

2007

2008

2009

Department of Social & Family Affairs

475,000

300,000

997,000

1,413,000

1,147,000

170,000

Pensions Board

463,276

449,031

819,632

797,796

873,798

3,000

Citizens Information Board (CIB)

239,000

404,000

492,000

577,000

188,000

43,000

Family Support Agency

47,994

44,908

160,000*

142,223**

58,029

29,100

Office of the Pensions Ombudsman

27,806

17,755

21,149

33,940

38,127

5,301

Combat Poverty Agency (The Combat Poverty Agency integrated with the Department of Social and Family Affairs on 1 July 2009)

0

0

0

3,066

0

0

Social Welfare Tribunal

0

0

0

0

0

0

*Amount includes €90,000 given to Treoir, towards Raising Awareness Campaign on the needs of children to both parents.

**Amount includes €55,000 given to Treoir, towards Radio Advertising Campaign re Rights of Unmarried Fathers.

Question No. 929 withdrawn.

Social Welfare Appeals.

Jack Wall

Ceist:

930 Deputy Jack Wall asked the Minister for Social and Family Affairs the position of an appeal by a person (details supplied) in County Kildare against the decision to refuse their application for jobseeker’s allowance; and if she will make a statement on the matter. [31615/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jack Wall

Ceist:

931 Deputy Jack Wall asked the Minister for Social and Family Affairs the position in relation to a social welfare appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31619/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

932 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for the one parent family allowance; and if she will make a statement on the matter. [31636/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

933 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s allowance; and if she will make a statement on the matter. [31637/09]

I am advised by the Social Welfare Appeals Office that the appeal has been partially allowed in this case. The person concerned was notified of the Appeals Officers decision on 14 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

934 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s allowance; and if she will make a statement on the matter. [31639/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

935 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s allowance; and if she will make a statement on the matter. [31641/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

936 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Limerick for jobseeker’s allowance; and if she will make a statement on the matter. [31647/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

937 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for disability allowance; and if she will make a statement on the matter. [31648/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

938 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for carer’s allowance; and if she will make a statement on the matter. [31651/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

939 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for disablement benefit; and if she will make a statement on the matter. [31652/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

940 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for child benefit; and if she will make a statement on the matter. [31653/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

941 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for carer’s allowance; and if she will make a statement on the matter. [31655/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

942 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s allowance; and if she will make a statement on the matter. [31656/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jimmy Deenihan

Ceist:

943 Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s benefit; and if she will make a statement on the matter. [31657/09]

I am advised by the Social Welfare Appeals Office that, an oral hearing of this case took place on 2 September 2009 and the Appeals Officer is now considering the appeal in the light of all the evidence submitted, including that adduced at the oral hearing. The Chief Appeals Officer will write to the Deputy when the appeal has been determined. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Ulick Burke

Ceist:

944 Deputy Ulick Burke asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Galway is waiting since April 2009 to be assessed by the chief appeals officer regarding their application for illness benefit; and if she will make a statement on the matter. [31663/09]

Payment of illness benefit to the person concerned was discontinued following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work. I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. She did this and the relevant departmental papers have been requested from the Department. On receipt of the relevant papers the appeal will be referred to an Appeals Officer for consideration.

There has been an increase of 32% in the number of appeals received so far this year compared to last year and, having regard to the current volume of appeals awaiting determination, two additional Appeals Officers were appointed to the Social Welfare Appeals Office earlier this year. Furthermore, I am advised that the Chief Appeals Officer is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals having regard to due process in terms of the rights of appellants and adherence to the requirements of natural justice. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Paul Connaughton

Ceist:

945 Deputy Paul Connaughton asked the Minister for Social and Family Affairs when an oral hearing will be held in the case of a person (details supplied) in County Galway who has appealed a decision not to grant their application for illness benefit; and if she will make a statement on the matter. [31669/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Paul Connaughton

Ceist:

946 Deputy Paul Connaughton asked the Minister for Social and Family Affairs when a decision will be made on a carer’s allowance appeal in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [31670/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

David Stanton

Ceist:

947 Deputy David Stanton asked the Minister for Social and Family Affairs the number of persons currently in receipt of fish assist; and if she will make a statement on the matter. [31699/09]

David Stanton

Ceist:

948 Deputy David Stanton asked the Minister for Social and Family Affairs if one of the features of the fish assist scheme, which includes relaxation of signing on arrangements, is operated by her officials in her Department; if not, the reason for same; and if she will make a statement on the matter. [31700/09]

David Stanton

Ceist:

949 Deputy David Stanton asked the Minister for Social and Family Affairs if the Christmas bonus was payable to persons in receipt of farm assist and fish assist in 2008; the number who received such a bonus in that year in each of these schemes; and if she will make a statement on the matter. [31701/09]

I propose to take Questions Nos. 947 to 949, inclusive, together.

The focus of the bonus has always been on people who rely on the social welfare system for financial support over the long term. These include recipients of State pension (transition), State pension (contributory and non-contributory), blind pension, widow's, widower's and invalidity pensions, guardian's payment (contributory and non-contributory), one-parent family payment, carer's benefit and allowance, disability allowance, long-term jobseeker's allowance, pre-retirement allowance, farm assist and people in receipt of employment support payments. The bonus is also payable to participants in the Rural Social Scheme, which was introduced in 2004, and operates under the aegis of the Minister for Community, Rural and Gaeltacht Affairs.

Approximately 7,500 recipients of farm assist were paid the bonus in 2008. Some customers whose claims were awarded retrospectively after the beginning of December would also have received the bonus but it is not possible to ascertain the number of such claims at this time. Fish assist is not a scheme in its own right. It is jobseeker's allowance with a more favourable means test applied.

Willie Penrose

Ceist:

950 Deputy Willie Penrose asked the Minister for Social and Family Affairs if she will confirm that it is not her intention to abolish the dental treatment scheme; if her attention has been drawn to the recommendations of the McCarthy report; and if she will make a statement on the matter. [31789/09]

The proposals contained in the report of the Special Group on Public Service Numbers and Expenditure Programmes, including the proposal relating to the treatment benefit schemes, will be considered in the context of the forthcoming Estimates and budget processes and in the light of available resources. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Social Welfare Code.

Denis Naughten

Ceist:

951 Deputy Denis Naughten asked the Minister for Social and Family Affairs the conditions which are used to assess a person for habitual residency; the process such a social welfare application goes through in order to be assessed for habitual residency; and if she will make a statement on the matter. [31796/09]

Denis Naughten

Ceist:

952 Deputy Denis Naughten asked the Minister for Social and Family Affairs if an EEA national has been living here for the past two years, the amount of that time which must have been spent in employment in order to be assessed as being habitually resident in order to access social welfare payments that are non-PRSI related; if there is discretion on this element of the assessment if the person fulfils all other criteria of the habitual residency test; and if she will make a statement on the matter. [31797/09]

I propose to take Questions Nos. 951 and 952 together.

The determination of a person's habitual residence is made in accordance with section 30 of the Social Welfare and Pensions Act 2007, which directs the deciding officer to consider all the circumstances of the case, including five specified factors which have been derived from European Court of Justice case law — the length and continuity of residence in the State or in any other country; the length and purpose of any absence from the State; the nature and pattern of the person's employment; the person's main centre of interest; and the future intentions of the person concerned as they appear from all the circumstances. With regard to the five factors, the Department's guidelines state:

No single factor is conclusive. The evidential weight to be attributed to each factor will depend on the circumstances of each case. It is necessary to weigh up all the information and balance the evidence for and against an applicant satisfying the habitual residence condition.

In commenting on the employment factor, emphasis is put on the nature and pattern of employment and, although the duration of employment is taken into consideration, no concept of a minimum period is suggested. The EU regulations provide that an EEA national who has been in genuine and effective employment since arrival here shall enjoy the same social advantages as Irish nationals. In this context, supplementary welfare allowance may be granted under certain circumstances without application of the habitual residence condition to EEA nationals whose employment here has ceased. The duration of their employment here — whether it was less or more than one year — will determine whether such entitlement will be limited to six months.

If the person had less than one year's employment, entitlement at the end of the six-month period will be subject to the habitual residence condition in the normal way. Decisions in relation to all such claims are made by statutorily appointed deciding officers in the Department of Social and Family Affairs or, in relation to supplementary welfare allowance, including rent supplement, by HSE community welfare officers. Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent social welfare appeals office. Each claim for a payment which is subject to the habitual residence condition is checked initially to see if sufficient information has been given on the claim form to determine whether the condition is satisfied. If necessary, the claimant is asked to supply further details so a deciding officer can make a decision based on all the relevant facts.

In the case of jobseeker's allowance and certain other payments, decisions are made in the majority of cases at claim acceptance stage by deciding officers in those offices at local office level. Complex cases that require detailed consideration may be sent to a central section for determination. Decisions in relation to other schemes are decided in headquarter scheme sections.

Social Welfare Benefits.

Róisín Shortall

Ceist:

953 Deputy Róisín Shortall asked the Minister for Social and Family Affairs her views on correspondence to her office requesting that a person (details supplied) in Dublin 9 and others who fall within this criteria be allowed qualify for the back to education allowance in view of the fact that the timing of the start of the academic year meant they could not fulfil the criteria of the scheme vis-à-vis the length of their unemployment claim and qualify in 2009 and in effect will have to spend a further 12 months in receipt of unemployment before they can take up the course. [31813/09]

Since its introduction, the underlying objective of the back to education allowance scheme has been to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. It is a second chance educational opportunities scheme for people on welfare payments who wish to participate in full-time education and would not otherwise be able to do so. The requirement to be in receipt of a social welfare payment for a minimum period has always been a feature of the scheme.

A waiting period is considered essential to confer entitlement to income support for an indefinite period and is considered necessary in the context of targeting scarce resources at those who need it most. Changes to provide for earlier access to the scheme were announced in the recent supplementary budget. To qualify for participation, an applicant must be in receipt of a relevant social welfare payment for three months if pursuing a second level course, or 12 months if pursuing a third level course. The qualifying period for access to third level courses is reduced to nine months for those who are participating in the National Employment Action Plan process or engaging with the Department's facilitator programme.

People who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. In general, an applicant must be at least 21 years of age prior to commencing an approved course of study. However, lone parents and recipients of jobseekers' payments who are out of formal education for at least two years can qualify at 18 years of age. The back to education allowance has an important role to play in enhancing the employability skills of jobseekers. The conditionality of the scheme will continue to be monitored in the context of the objectives of the scheme and changes in the economic climate. The person concerned applied for a back to education allowance — third level option. Her application was disallowed on the grounds that she was not in receipt of a relevant social welfare payment for the required period.

Ministerial Expenses.

George Lee

Ceist:

954 Deputy George Lee asked the Minister for Social and Family Affairs the amount that has been claimed in expenses by each Minister and Minister of State in her Department from 1997 to 2008; the reasons these expenses were claimed; and if she will make a statement on the matter. [31950/09]

Details of travel and subsistence expenses claimed by my predecessors are as follows:

Year

Travel

Subsistence

Total

1997

0

0

0

1998

20.74

3,108.74

3,129.48

1999

470.49

3,847.52

4,318.01

2000

0

4,543.90

4,543.90

2001

396

4,451.83

4,847.83

2002

0

3,995.37

3,995.37

2003

90.82

6,225.27

6,316.09

2004

336.53

4,704.41

5,040.94

2005

0

5,957.33

5,957.33

2006

0

3,352.88

3,352.88

2007

0

0

0

2008

0

253.42

253.42

Total

1,314.58

40,440.67

41,755.25

The expenses claimed are in respect of travel and subsistence costs incurred by the Ministers and me in carrying out official duties in Ireland and abroad. The table does not include the travel costs which were paid for directly by the Department such as air fares or the expenses which are incurred by our embassies and reimbursed to them by the Department.

Defence Forces Recruitment.

Terence Flanagan

Ceist:

955 Deputy Terence Flanagan asked the Minister for Defence the addition to the Air Corps and Naval Service scheduled for the second half of 2009; and if he will make a statement on the matter. [30161/09]

Arising from the Government decision on Public Service numbers, which took effect from 27 March 2009, recruitment to the Permanent Defence Force remains suspended. However, I am pleased to say that following detailed discussions with my colleague, the Minister for Finance, I have secured Government approval for the holding of a Cadetship Competition for both the Army and Naval Service in 2009. Thirty Army and 12 Naval cadetships will be awarded.

The competition has been advertised in the national media, the closing date for receipt of applications has passed and the selection process is under way. It is planned that successful applicants will commence their cadet training before the end of the year. The military authorities have advised that in relation to the Air Corps there is no requirement to recruit Cadets in 2009. This position is a function of the number of serving pilots, the number in training, the number of retirements and other anticipated departures.

Defence Forces Property.

Deirdre Clune

Ceist:

956 Deputy Deirdre Clune asked the Minister for Defence if he has carried out health screening for staff of his Department, members of the Irish Navy and members of the Irish Naval reserve who worked on Haulbowline Island and their families to confirm that their health has not been damaged by working, or close family members working, in close proximity to dangerous waste materials; if this screening will be carried out again in the future; and if he will make a statement on the matter. [30702/09]

I wish to refer to the environmental health and safety site assessment of the Naval Base and Naval Dockyard at Haulbowline, County Cork, which was carried out in 2008 by RPS Consultants. The executive summary of the assessment states:

In summary, a comprehensive shallow soil and air quality investigation and risk assessment was undertaken at the Naval Base and Naval Dockyard at Haulbowline Island. The results have concluded that based on the monitoring carried out to date, there is no unacceptable risk to human health from airborne dust, vapours or emissions from the former Irish Steel site and East Tip sites. Likewise, there are no unacceptable risks posed by dry deposition of dusts on shallow soils on the Naval Base or Naval Dockyard from the East Tip or main former Irish steel site.

There are no recommendations in the assessment concerning the provision of health screening for personnel based on Haulbowline Island and their families. Arising from the assessment, no health screening of the personnel based on Haulbowline Island has taken place. The full text of the assessment carried out by RPS Consultants is available on my Department's website.

Defence Forces Discipline.

Finian McGrath

Ceist:

957 Deputy Finian McGrath asked the Minister for Defence the reason the Permanent Defence Force is refusing to act in relation to a matter (details supplied); and if he will make a statement on the matter. [30792/09]

The Defence Forces have promulgated policies on equality and dignity in the workplace. These policies are covered in training and have been clearly communicated throughout the Defence Forces. The Defences Forces promulgated a Defence Forces imagery policy in April 2007. This policy prohibits personnel from posting inappropriate images or material in public on-line fora. It advises that all such imagery will be investigated and appropriate disciplinary action will be initiated if necessary.

I am advised that the matter of the article contained in the Sunday Mirror on 16 August last continues to be under review by the Military Authorities. The images referred to in the article have been removed from the BEBO site. The Reserve Defence Forces members concerned have been paraded by their unit commanders and informed that their actions were contrary to the policy in question. While no disciplinary action was initially recommended at unit level, a final determination on whether disciplinary action will be taken has yet to be made.

Defence Forces Property.

Michael Ring

Ceist:

958 Deputy Michael Ring asked the Minister for Defence the breakdown of uses for a building (details supplied) in County Mayo; and the groups by whom it is used. [31190/09]

The property in question is owned by my Department and is used solely for military purposes. The Reserve Defence Forces use it on a part-time basis for training and administration purposes. The building is also available for use by the Permanent Defence Forces when training in the locality.

Defence Forces Reserve.

Paul Connaughton

Ceist:

959 Deputy Paul Connaughton asked the Minister for Defence if there are plans to close down the FCA training unit in Tuam, County Galway; and if he will make a statement on the matter. [31210/09]

The operational and property requirements of the Defence Forces are kept under ongoing review. However, there are no current plans to close the training centre in Tuam. The training unit comprises three members of the Permanent Defence Forces and 52 members of the Reserve Defence Forces.

Defence Forces Property.

Sean Sherlock

Ceist:

960 Deputy Seán Sherlock asked the Minister for Defence his plans with regard to the showgrounds in Fermoy, County Cork; and if he will make a statement on the matter. [31220/09]

The property in question is surplus to military requirements. Arrangements are being made to dispose of my Department's interest in it. The stakeholders on site have been given an opportunity to purchase their holding at an open market valuation. The matter is currently being progressed in my Department.

Departmental Staff.

Niall Collins

Ceist:

961 Deputy Niall Collins asked the Minister for Defence if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31225/09]

There are no civil servants from my Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of my Department, who receive a fee, salary or remuneration for holding such a position or positions. Any expenses incurred by such personnel are recouped at Civil Service rates, subject to the usual conditions.

Departmental Expenditure.

Damien English

Ceist:

962 Deputy Damien English asked the Minister for Defence the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31574/09]

The following table sets out the amount of money spent on advertising and promotions in my Department and in the agencies under the aegis of my Department for the years 2004, 2005, 2006, 2007, 2008 and to date in 2009:

Year

Departmental Expenditure

Civil Defence

Coiste an Asgard

Defence Forces Expenditure

2004

58,106.37

4,139.06

23,807

454,246.53

2005

123,491.07

3,344.44

20,661

483,322.46

2006

169,713.55

42

10,192

441,472.57

2007

136,110.09

363

16,788

543,074.44

2008

568,227.31

7,537.83

21,336

501,255.67

2009 to date

52,510.66

Nil

Nil

52,853

National Emergency Plan.

David Stanton

Ceist:

963 Deputy David Stanton asked the Minister for Defence his plans to introduce a legal structure to ensure that emergency planning is being implemented effectively here similar to the Civil Contingency Act in the United Kingdom; and if he will make a statement on the matter. [31703/09]

Emergency planning in this country is based on the lead Department principle. This means that every Government Department takes responsibility for managing those emergencies that fall with its remit, including any legislative requirements. The Government Task Force on Emergency Planning, which I chair, meets on a regular basis. There have been 60 meetings since it was established in 2001. The Task Force provides a forum for sharing information and keeping emergency planning high on the agenda of all Departments. In my role as chair of the Task Force, I submit an annual report on emergency planning to the Government. The report outlines the progress made and sets out the challenges faced across the emergency planning spectrum. I am satisfied that the existing arrangements are working well and that the lead Department structure is an effective one. I have no plans, therefore, to introduce new legislative arrangements in this area.

Departmental Programmes.

David Stanton

Ceist:

964 Deputy David Stanton asked the Minister for Defence the cost of administering the cycle to work scheme in his Department in 2009; and if he will make a statement on the matter. [31708/09]

There is no discernible cost to this Department's vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable.

Ministerial Expenses.

George Lee

Ceist:

965 Deputy George Lee asked the Minister for Defence the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31943/09]

I regret that it has not been possible for my officials to provide the information requested within the time provided. The records, particularly those for earlier years, are being examined and disaggregated. The information requested will be compiled and forwarded to the Deputy as soon as possible.

National Spatial Strategy.

Sean Sherlock

Ceist:

966 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government his policy with regard to the funding of hub towns under the national spatial strategy; and if he will make a statement on the matter. [31423/09]

The 2002 National Spatial Strategy aims to achieve a better balance of social, economic and physical development across Ireland, supported by more effective planning. It has designated nine gateways and nine hubs which have the capacity to grow sustainably and to act as drivers of growth for their hinterlands and wider regions. Investment priorities identified under the National Development Plan 2007-2013 and Transport 21 have been aligned with the national spatial strategy. As a result, the gateways and hubs are benefiting substantially from significant infrastructure and enabling investment.

The implementation of the strategy is also facilitated by the 2004 regional planning guidelines, which are under review. City and county councils have regard to the strategy and to regional priorities in their development plan and local area planning processes. My Department has undertaken extensive research into the development issues and challenges of the nine hub towns. This work culminated in the publication in June 2007 of the report, NSS Hubs — Development Issues and Challenges, which is available on the Department's website, www.environ.ie. The study provides a detailed description of the current status of the hubs, identifies the many development issues and challenges associated with the hubs and makes recommendations to support and advance future hub growth and development. Key among the recommendations is the need for the establishment of implementation and co-ordination arrangements at the hub level and this is being encouraged and facilitated by my Department. The 2008 Framework for Sustainable Economic Renewal, Building Ireland’s Smart Economy, indicated that an analysis of the implementation of the strategy was to be undertaken. This work will be completed shortly by my Department.

Dublin Docklands Development.

Joe Costello

Ceist:

967 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government if he will conduct an assessment and review of the operation of the Dublin Docklands Development Authority; and if he will make a statement on the matter. [31534/09]

Phil Hogan

Ceist:

1018 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to an application (details supplied) to rescind the terms of the IPPC licence in respect of the site involved; his plans to use his powers to ensure that there is no risk to public health and safety; and if he will make a statement on the matter. [30850/09]

Phil Hogan

Ceist:

1019 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he has received the full and finalised annual report and accounts from the Dublin Docklands Development Authority as required under section 44 of the Dublin Docklands Development Authority Act 1997; and if he will make a statement on the matter. [30853/09]

Phil Hogan

Ceist:

1020 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government his plans to make the Comptroller and Auditor General responsible for auditing the accounts of the Dublin Docklands Development Authority; and if he will make a statement on the matter. [30854/09]

I propose to take Questions Nos. 967 and 1018 to 1020, inclusive, together.

The licensing, monitoring and enforcement of Integrated Pollution Prevention and Control licences is the responsibility of the Environmental Protection Agency. Under the Environmental Protection Agency Acts 1992 to 2007, I am precluded from exercising any power or control in relation to the performance by the EPA of any of its statutory functions. Prior to any redevelopment of the Irish Glass Bottle site, the former IPPC-licensed activities at the site must be decommissioned and any contamination resulting from IPPC activities must be fully remediated. In addition, the IPPC licence holder must apply to the EPA to surrender the IPPC licence when the decommissioning and closure requirements have been met.

I understand that Becbay Limited's remediation strategy to deal with the IPPC licensed activities that took place at the IGB site was based on a Closure, Restoration and Aftercare Management Plan that was generated in full consultation and agreement with the EPA. The Annual Report of the Dublin Docklands Development Authority for 2008 has been submitted to me by the Authority. I understand that the annual accounts for 2008 are being finalised and will be submitted to me in the coming weeks, following which I will arrange for the annual report and accounts to be laid before both Houses. The authority's annual accounts are audited by independent external auditors.

I wrote to the chairperson of the Dublin Docklands Development Authority on 17 August requesting that a comprehensive review of corporate governance be undertaken within the authority and that a report be submitted to me in October. The Dublin Docklands Development Authority is specifically excluded from the audit remit of the Comptroller and Auditor General under the Second Schedule of the Comptroller and Auditor General (Amendment) Act 1993. I am considering a request from the Chairman of the Public Accounts Committee to have the authority included in the audit remit of the Comptroller and Auditor General. This would require primary legislation.

Departmental Correspondence.

Caoimhghín Ó Caoláin

Ceist:

968 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if he has received correspondence from an organisation (details supplied) expressing concern at the effects of the implementation of Part 3 of the Building Control Act 2007; the action he will take in relation to these concerns; his plans for further amending legislation; and if he will make a statement on the matter. [31898/09]

Joanna Tuffy

Ceist:

998 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding the implementation of section 3 of the Building Control Act 2007; if his attention has been drawn to the concerns that have been expressed that this section will exclude people that previously had the right to practise as architects from practising; and if he will make a statement on the matter. [30583/09]

Brendan Howlin

Ceist:

1024 Deputy Brendan Howlin asked the Minister for the Environment, Heritage and Local Government if he has received correspondence requesting him to meet an organisation (details supplied) which is seeking an amendment of section 3 of the Building Control Act 2007; his views on the request that long-established architects should not be obliged to incur the fee of €4,000 for registration with a group. [30881/09]

Olivia Mitchell

Ceist:

1057 Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government if, in view of the economic climate and the absence of employment for architects, he will postpone the planned new system of registration of architects and particularly the imposition of a €4,000 interview fee, which would be beyond the means of an architect and would deprive them of a livelihood, in effect; and if he will make a statement on the matter. [31611/09]

I propose to take Questions Nos. 968, 998, 1024 and 1057 together.

I have received the correspondence referred to in the question. My colleague, the Minister of State with responsibility for Housing and Local Services, Deputy Finneran, recently held a meeting with representatives of the correspondent organisation in question in regard to Part 3 of the Building Control Act 2007, in particular the technical assessment process. Part 3 of the Act provides for registration of the title of "architect". The Royal Institute of the Architects of Ireland, as the relevant registration body, has established an admissions board and a technical assessment board so that the registration process may commence in the near future. The RIAI has appointed architects to the boards. I have appointed the chairpersons and non-architect majority to both boards. The fees for technical assessment and registration are subject to my approval, prior to introduction. Details of proposed fees were recently forwarded to me by the registration body. I will give those proposals full and careful consideration before making a decision.

Section 14 of the Act sets out the eligibility criteria for registration in the statutory register of architects. Section 21 provides for the establishment of the technical assessment board which will set out the criteria for assessment and consider applications for registration from people who have been practising architecture in the State for a minimum period of ten years. Section 22 sets out the procedures for the operation of the technical assessment board. The Act provides for an appeal against a decision of the technical assessment board to an appeals board which will be appointed shortly. The appeals board will also have an independent chairperson and a majority of lay members. There is ultimately an appeal to the High Court against a decision of the appeals board or any other board or committee. Once statutory registration has formally commenced, it will be an offence under sections 18(1)(a) and 18(1)(d) of the Act to use the title of “architect” unless registered on the statutory register. Architects may still continue to practice but will be unable to use the title. However, section 18(5) of the Act provides that paragraphs (a) and (d) of subsection 1 will not apply:

(i) where a person has applied for registration to either the Admissions Board or the Technical Assessment Board and where a decision has not been made on the application;

(ii) where a decision is awaited on an appeal to the Appeals Board against a decision of either Board referred to, or;

(iii) where a decision is awaited on an appeal to the High Court against a decision of the Appeals Board, subject to the requirement that the application for registration to the Admissions Board or the Technical Assessment Board, or the appeal to either the Appeals Board or the High Court, has not been withdrawn.

Water and Sewerage Schemes.

John Deasy

Ceist:

969 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the status of the Waterford grouped towns and villages sewerage scheme; when the sewerage scheme in each of the towns and villages concerned will be operational; and if he will make a statement on the matter. [30104/09]

The Waterford grouped towns and villages sewerage scheme has been approved for funding under my Department's Water Services Investment Programme 2007-2009 at an estimated cost of over €48 million. In so far as the collection networks at the various locations are concerned, the Tallow and Kilmacthomas waste water collection systems have been completed. I recently approved funding to allow the Cappoquin collection system contract go to construction.

In relation to the Stradbally collection system, I understand that the council has completed its assessment of the tenders received and will shortly submit its tender recommendation to my Department for approval of the necessary funding. The council is preparing the contract documents for the collection systems at the remaining three locations. The waste water treatment plants for the seven locations are being procured under a single contract, the contract documents for which were recently received and are under examination in my Department. Additional information has been requested from the council to enable my Department to do a full assessment of these documents. As a short-term measure, I also recently approved funding for the provision of interim treatment facilities at Ardmore pending the construction of the treatment plant there.

Local Authority Housing.

John Deasy

Ceist:

970 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of persons on housing waiting lists in each local authority area in each of the years from 2000 to date in 2009; and if he will make a statement on the matter. [30105/09]

John Deasy

Ceist:

971 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of people on housing waiting lists in Waterford city and county shown in the statutory assessments of housing needs carried out since 1999 to date in 2009; and if he will make a statement on the matter. [30107/09]

I propose to take Questions Nos. 970 and 971 together.

The number of households on a local authority's waiting list continuously fluctuates as households on the list are allocated housing and new households apply for housing support. My Department does not hold information in relation to the numbers currently on waiting lists in local authorities. A statutory assessment of housing need is carried out every three years by all housing authorities in accordance with the terms of the Housing Act 1988. The last assessment took place in 2008 and indicated that there were 56,249 households in need of social housing support. Further information regarding the assessments, including a breakdown of the net need figure by housing authority, is available on my Department's website, www.environ.ie.

Housing Grants.

John Deasy

Ceist:

972 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of essential repair grants supplied to persons in Waterford city and county for each year since 2003 to date in 2009; and if he will make a statement on the matter. [30108/09]

John Deasy

Ceist:

973 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of disabled persons grants supplied to persons in Waterford city and county for each year since 2003 to date in 2009; and if he will make a statement on the matter. [30109/09]

I propose to take Questions Nos. 972 and 973 together.

Information on local authority activity for the period 2003 to March 2009 under the Disabled Persons and Essential Repairs grants schemes, which have been replaced since November 2007, with a suite of Housing Adaptation Grants for Older People and People with a Disability, is published in my Department's Housing Statistics Bulletins, copies of which are available in the Oireachtas Library and on my Department's website, www.environ.ie. In the period 1 April 2009 to 14 September 2009, a further 29 grants under the Disabled Persons Grant Scheme were recouped to Waterford County Council.

Rental Accommodation Scheme.

John Deasy

Ceist:

974 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of persons who have been housed in Waterford city and county under the rental accommodation scheme in the past five years to 2008 and to date in 2009; and if he will make a statement on the matter. [30110/09]

The number of households that have transferred from rent supplement since the commencement of the Rental Accommodation Scheme in 2005 to the present is set out in the table below.

No. of Rent supplement households accommodated 2005-2009

Local authority

2005-2008

2009 (Jan-July)

Total

RAS

Standard Social Housing

RAS

Standard Social Housing

Aggregate Total

Waterford City

278

206

80

27

591

Waterford County

63

124

52

31

270

Tax Code.

Tom Sheahan

Ceist:

975 Deputy Tom Sheahan asked the Minister for the Environment, Heritage and Local Government his views on exempting Fáilte Ireland approved self-catering accommodation from the €200 tax that is being levied on all in the self-catering industry. [30127/09]

The Government decided to broaden the revenue base of local authorities by introducing a charge on all non-principal private residences. The charge, set at €200 per dwelling and due by 30 September 2009, is payable by the owners of private rented accommodation, holiday homes and other non-principal residences. While there is no specific exemption from the charge for Fáilte Ireland approved self-catering accommodation, the Local Government (Charges) Act makes it clear that a property will be exempt from the charge if it is liable for commercial rates.

River Basin Management Plans.

Michael Creed

Ceist:

976 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government the position regarding the introduction of river basin management plans; when these plans are expected to be finalised; if he will clarify the way these river basin management plans will interact with the nitrates directive and impinge on farming practices; and if he will make a statement on the matter. [30221/09]

Draft River Basin Management Plans were published by local authorities on 22 December 2008. The plans were subject to public consultation for six months up to 22 June 2009. The plans, which are scheduled to be adopted by the end of the year, will specify the environmental objectives to be achieved in respect of our water bodies and the measures to be implemented to achieve these objectives. The programmes of measures must be operational by the end of 2012. The nitrates directive, which is one of 11 key EU directives on water protection, is classed as one of the basic measures for implementation of the water framework directive.

The implementation of the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2009 and the current nitrates action programme are, therefore, key elements of the river basin management plans. It is expected that full compliance with the good agricultural practice regulations will contribute significantly to reducing the impact of agriculture on water quality. In certain circumstances, however, additional measures may be required to meet all of the environmental objectives set out in the river basin management plans. The need for any such additional measures will be considered in the course of the review of the current nitrates action programme, which is due to take place before the end of this year. The next nitrates action programme is to be published by 30 June 2010.

Environmental Policy.

Shane McEntee

Ceist:

977 Deputy Shane McEntee asked the Minister for the Environment, Heritage and Local Government the amount of funding paid into the environment fund over the past five years; the way this funding has been paid back into local communities; and if he will make a statement on the matter. [30251/09]

Details of monies received into the Environment Fund and also expenditure from the Fund are available in the published Environment Fund Annual Accounts. Copies up to and including 2007 are available from the Oireachtas library and are also available at the following link on the Department's website: http://www.environ.ie/en/Environment/Waste/EnvironmentFund/

The 2008 Annual Accounts will be published in due course after they have been audited by the Comptroller and Auditor General. Under the Waste Management (Amendment) Act 2001, the proceeds of the Environment Fund are ring fenced and can only be used for activities that support the environment. Activities of benefit to local communities which have been supported by the Fund include: expanding the network of waste recycling infrastructure through the provision of local recycling facilities such as civic amenity sites and bring banks; subventions to support the on-going operational costs of running local bring banks and civic amenity sites; waste awareness campaigns; and the very successful "Green Schools" initiative.

Register of Electors.

Joe Costello

Ceist:

978 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government when he proposes to establish the independent electoral commission to oversee the compilation of the register of electors; and if he will make a statement on the matter. [30278/09]

The Programme for Government contains a commitment to the establishment of an independent Electoral Commission which will take responsibility for electoral administration and oversight, implement modern and efficient electoral practices, revise constituency boundaries, take charge of compiling a new national rolling Electoral Register, take over the functions of the Standards in Public Office Commission relating to election spending and examine the issue of financing the political system.

To assist in consideration of the issues involved, I commissioned a report by an expert group from University College Dublin. I published the report, entitled A Preliminary Study on the Establishment of an Electoral Commission in Ireland, for consultation in February 2009. The report is available on my Department's website, www.environ.ie. Written submissions received to date as part of the consultation process are currently being considered. While the formal closing date for written submissions has passed, I will still welcome and consider any views and observations that are put forward by interested individuals and organisations.

In developing and bringing forward proposals for the establishment of an Electoral Commission, I will take into account the report prepared by the UCD group and views put forward as part of the consultation process.

Local Authority Housing.

George Lee

Ceist:

979 Deputy George Lee asked the Minister for the Environment, Heritage and Local Government when he will allocate funds for a redevelopment project (details supplied) in Dublin 16; and if he will make a statement on the matter. [30315/09]

Olivia Mitchell

Ceist:

1012 Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government the funding allocated for the upgrade of a housing development (details supplied) in Dublin 16; and if he will make a statement on the matter. [30758/09]

I propose to take Questions Nos. 979 and 1012 together.

I appreciate the need for upgrading the development in question, and my Department has been actively engaged with Dún Laoghaire-Rathdown County Council in relation to determining the most appropriate sustainable solution for the regeneration of the area. Further details of the comparative assessment of options initially put forward are currently awaited from the Council. On receipt of these details, my Department will be in a position to finalise its overall response on the redevelopment proposal.

Dún Laoghaire-Rathdown County Council was allocated €51.477m for its various 2009 social housing programmes, the composition, management and delivery of which are undertaken by the Council, in accordance with its particular social housing needs, existing commitments and identified priority projects. The Council's priorities under its Social Housing Investment Programme for 2010 to 2012 will be considered as part of the forthcoming October Housing Action Plan review meeting between my Department and the Council.

Homelessness Strategy.

Caoimhghín Ó Caoláin

Ceist:

980 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the timeline for delivery and implementation of The Way Home homelessness strategy; and if he will make a statement on the matter. [30381/09]

The core objective of the Government's Strategy on adult homelessness The Way Home is to eliminate, by end 2010, long-term (i.e greater than 6 months) occupation of emergency accommodation and the need to sleep rough. The National Implementation Plan for the Homeless Strategy was launched on 21 April 2009 and is available on my Department's web site at www.environ.ie. It provides a robust framework to guide the action required at national level to promote and support effective implementation locally. The Plan sets out a sequence of strategic aims, key approaches, priority actions and constituent/supporting measures necessary for implementation of the overall Homeless Strategy and includes timelines for delivery.

Caoimhghín Ó Caoláin

Ceist:

981 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the amount of funding that has been allocated to provide for day-to-day accommodation of homeless services for each year since 2000; the amount that will be allocated to this for the next 12 months; and if he will make a statement on the matter. [30382/09]

As the Deputy's question relates to a service matter it has been referred to the HSE for direct reply.

Caoimhghín Ó Caoláin

Ceist:

982 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the steps he has taken to develop a case management approach to address the needs of homeless people as outlined in the The Way Home report; and if he will make a statement on the matter. [30384/09]

A progress report on the implementation of the Care and Case Management approach in Dublin has recently been completed. This report outlines a series of measures that are being undertaken to promote a case management approach in Dublin homeless services. These measures include holistic needs assessment, interagency protocols, training and a case management guidebook.

My Department is currently assessing the progress being made in Dublin regarding the case management approach, and this will also be considered by the Cross Departmental Team on Homelessness in the context of assessing the feasibility of its wider application for the purposes of addressing the needs of homeless persons.

Caoimhghín Ó Caoláin

Ceist:

983 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the steps he has taken to develop preventative strategies focused on groups at increased risk of becoming homeless including individuals leaving prisons, acute hospitals and psychiatric hospitals; and if he will make a statement on the matter. [30385/09]

Caoimhghín Ó Caoláin

Ceist:

984 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the steps he has taken to ensure that closer links have been developed between youth homeless fora and adult homeless fora in each area; and if he will make a statement on the matter. [30388/09]

Caoimhghín Ó Caoláin

Ceist:

987 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government when he will arrange for the development of national guidance on delivery of education, training and work opportunities for people who are homeless; and if he will make a statement on the matter. [30392/09]

I propose to take Questions Nos. 983, 984 and 987 together.

The Government's Homeless Strategy, The Way Home, published in August 2008 sets out a comprehensive framework within which the complex range of issues involved in meeting the Government's objectives in relation to homelessness can be addressed. The strategy was developed under the aegis of a Cross Departmental Team, which provides a forum for addressing cross-cutting issues, particularly in terms of preventing homelessness.

The National Implementation Plan for the new strategy, published in April 2009, sets out priority actions with constituent supporting measures and identifies the agencies/bodies with the lead role in individual areas. The issues raised are all matters for which lead responsibility, under the Implementation Plan, has been assigned to Departments and Agencies other than my Department. Specifically, the Implementation Plan indicates that lead responsibility for issues in relation to discharge planning from health services and prisons are the responsibility of the HSE and the Irish Prison Service, respectively. In relation to the development of national guidance on delivery of education, training and work opportunities for people who are homeless, this has been identified as a priority action for the Department of Education and Science and FÁS.

The Implementation Plan also identifies as a key action, under its Preventative chapter, the necessity to examine issues relating to youth homelessness as a route to adult homelessness. This examination will also consider the issue of interaction between youth homeless fora and the adult homeless consultative fora.

Caoimhghín Ó Caoláin

Ceist:

985 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the way he has worked with the national office of prevention of domestic, sexual and gender-based violence to bring forward research on domestic violence related homelessness; and if he will make a statement on the matter. [30390/09]

Through a range of interdepartmental structures and arrangements, my Department is working with Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, to support that Office's work to develop a national strategy on the issues within its remit. Issues in relation to domestic violence-related homelessness, including the carrying out of further research, will be considered in the context of this engagement with Cosc.

Caoimhghín Ó Caoláin

Ceist:

986 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the number of homeless households settled successfully out of homelessness for each of the past five years; and if he will make a statement on the matter. [30391/09]

Local authorities are responsible for meeting the accommodation needs of households assessed as having a housing need, including homeless persons. As a detailed breakdown of the categories of households whose needs are met each year is not held in my Department, definitive details of all successful settlements of homeless persons in the period in question are not available. Information regarding the number of homeless households that have been housed may be obtained from the responsible local authorities.

Question No. 987 answered with Question No. 983.

Private Rented Accommodation.

Deirdre Clune

Ceist:

988 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the number of private rental accommodations inspected by each local authority each year over the past five years in a tabular form; and if he will make a statement on the matter. [30438/09]

Deirdre Clune

Ceist:

989 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the amount the Private Residential Tenancies Board has paid out to each local authority for the past five years for inspections out of the fund it holds for same in a tabular form; and if he will make a statement on the matter. [30439/09]

Deirdre Clune

Ceist:

990 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the amount each local authority has claimed for carrying out inspections of private rented accommodation each year for the past five years; and if he will make a statement on the matter. [30440/09]

Deirdre Clune

Ceist:

992 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if the number of private rented accommodations being inspected by local authorities each year has reached the targets projected by him when the system was introduced; if not, the actual number of targets reached; if the system is working; and if he will make a statement on the matter. [30442/09]

Deirdre Clune

Ceist:

993 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government his views on whether the Private Residential Tenancies Board or an other independent body should have a role in carrying out inspections of private rented accommodation; the reason for same; and if he will make a statement on the matter. [30443/09]

Deirdre Clune

Ceist:

994 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government his views on whether the fund currently held by the Private Residential Tenancies Board to pay local authorities for carrying out inspections of private rented accommodation should be paid in advance to local authorities to increase the number of premises inspected; and if he will make a statement on the matter. [30444/09]

I propose to take Questions Nos. 988 to 990, inclusive, and 992 to 994, inclusive, together.

Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department. This funding increased significantly between 2005 and 2008, rising from €1.5m to €4m. The latter figure is being maintained in 2009, bringing total funding allocations since 2004 to €15m. Details of the amounts paid to each local authority in respect of the years 2004 — 08 and of the first funding tranche for 2009 are available on my Department's website at www.environ.ie and in the Oireachtas Library. The funding is allocated to local authorities on the basis of a formula which takes into account inspection targets for the particular year and actual inspections carried out. The methodology for the payment of funding for 2010 is kept under review by my Department.

In general, local authorities have significantly expanded their inspection activity in recent years with the number of inspections more than doubling — from 6,815 to 17,202 — in the period 2005 to 2008. More detailed information on the number of inspections carried out each year up to and including 2008 is included in my Department's Annual Housing Statistics Bulletins, copies of which are also available on my Department's website. The 2008 data, published in August 2009, indicate a further year on year increase in activity of approximately 23%, with over 17,200 inspections completed in 2008. This further significant increase reflects the positive impact of the overall Action Programme on Standards, including increased funding, introduced on foot of a commitment in the Towards 2016 social partnership agreement, and the ongoing progress with the implementation of the Rental Accommodation Scheme.

It is a matter for each individual local authority to decide on the specific details of its inspection arrangements. However, in discharging their responsibilities in relation to the private rented sector, my Department encourages authorities to have regard to the report — Good Practice Guidelines for Local Authorities on Standards in the Private Rented Sector: Strategic Planning, Effective Enforcement — published by the Centre for Housing Research in November 2007, which makes a range of recommendations on matters relevant to inspection procedures such as identifying and targeting inspection requirements.

The Private Residential Tenancies Board (PRTB) was established as an independent statutory body in September 2004 and has its principal functions in the areas of: The registration of private rental tenancies; The resolution of disputes between tenants and landlords; The provision of information, assistance and advice to the Minister on the private rental sector.

While the PRTB deals with disputes between landlords and tenants, including issues relating to standards, unlike local authorities it does not have local inspection staff. Local authorities, with local inspection staff who carry out a wide range of functions in relation to housing generally, are best placed to undertake the enforcement of the minimum standards regulations for rented houses. It would be neither practical nor economical to centralise this role in the PRTB or another independent body.

Deirdre Clune

Ceist:

991 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the number of landlords, tenants and tenancies registered and recorded by the Private Residential Tenancies Board for each of the past five years; and if he will make a statement on the matter. [30441/09]

The Private Residential Tenancies Board (PRTB) was established as an independent statutory body in September 2004 and its principal functions are in the areas of: The registration of private rental tenancies; The resolution of disputes between tenants and landlords; The provision of information, assistance and advice to the Minister on the private rental sector.

The Residential Tenancies Act 2004 (RTA) requires the registration of most residential tenancies and more than 200,000 active tenancies are currently registered with the PRTB. This compares favourably with the situation prior to the establishment of the PRTB when no more than 30,000 tenancies were registered with the local authorities.

The PRTB compiles its tenancy data on a rolling, aggregate basis as valid tenancy registration forms are submitted to it. It should be noted in this regard that more than one tenancy may be registered in respect of a rented accommodation unit in any year. Furthermore the Act provides for a four year tenancy cycle and the re-registration of the tenancy at the end of each cycle.

I understand that at 30 June 2009 the PRTB had 219,453 active tenancies on its register, representing 376,631 tenants and 108,319 landlords. End of year figures for the preceding four years, as per the PRTB's Annual Reports, are set out hereunder in tabular form. The 2008 Annual Report is due to be published shortly.

Year

2005

2006

2007

2008

Number of landlords

53,070

83,102

92,311

100,819

Number of tenancy registrations

83,983

137,961

202,078

206,054

Number of tenants registered

150,518

246,587

340,223

354,065

* includes registrations from the Board's establishment in late 2004.

Questions Nos. 992 to 994, inclusive, answered with Question No. 988.

Deirdre Clune

Ceist:

995 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the reason he changed the breakdown of the registration fee the Private Residential Tenancies Board receives from the landlord so the amount for the PRTB’s running costs has been increased and the amount set aside for inspections has been reduced; if his allocation of funds to the PRTB reduced as a result of this change; the amount of same; if this reduction was part of his attempts to rebalance his budget; and if he will make a statement on the matter. [30445/09]

Section 176 of the Residential Tenancies Act 2004 (RTA) provides that the fees received by the Private Residential Tenancies Board (PRTB) under section 137 of the Act are paid into or disposed of for the benefit of the Exchequer in such manner as the Minister may direct. Section 138 of the Act allows the Board to vary such fees in line with changes in the value of money; to date, no such variations have been made.

By Ministerial Direction of 24 February 2005, two-sevenths of fees received by the PRTB under section 137 of the Act were retained by the PRTB to defray administration costs, and the balance was to be transferred to local authorities for the purpose of the performance of their functions under the Housing Acts in relation to private rented accommodation e.g. rental standards inspections and rent book regulations.

The fee income received by the PRTB over the past 4 years has remained relatively constant and it is currently in the order of €7.8m per annum. The payment to the local authorities of the monies allocated to them from the fee income stream is dependent on the levels of inspection performance by the authorities. Those levels have increased significantly in recent years and funding for inspections more than doubled between 2005 and 2008, rising from €1.5m to €4m. This level of funding will be maintained in 2009, bringing funding allocations for this purpose since 2004 to €15m.

While local authorities' inspections performance has improved year on year, and the monies allocated to that end have also increased, a reserve of unused funds held by the PRTB in a fiduciary capacity for the local authorities has accumulated since 2004 and now stands at approximately €10m. In line with a policy of moving the PRTB towards self-sufficiency, the annual grant from my Department to the PRTB has been reduced over a number of years from €5.7 million in 2007 to €3.8 million in 2008 and to €1 million in 2009.

In light of the above-mentioned accumulated fund, and to facilitate increased financial self-sufficiency, I made a Ministerial Direction on 26 March 2009 providing that, four-sevenths of fees received by the PRTB under section 137 of the Act be retained to defray the administrative expenses of the Board. I directed that three-sevenths be transferred to local authorities for the purpose of the performance of their functions under the Housing Acts.

This restructured arrangement, taking account of the accumulated fund, provides a strong platform from which to fund more onerous inspection activities in light of the new Rented Accommodation Standards Regulations which I introduced on 1 February 2009, and also increases the PRTB's financial self-sufficiency. My Department will continue to monitor this funding situation closely.

Local Authority Funding.

Catherine Byrne

Ceist:

996 Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government the operating budget for Dublin City Council for 2008 and 2009; and if he will make a statement on the matter. [30541/09]

A local authority is under a statutory obligation to adopt an annual budget providing for the expenditure estimated to be necessary for it to carry out its functions and the income estimated to accrue to it. The overall budgeted amounts adopted by Dublin City Council for the years in question are set out in the following table:

2008

2009

Revenue Budget

€914,516,609

€928,731,361

Catherine Byrne

Ceist:

997 Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government the operating budget for South Dublin County Council for 2008 and 2009; and if he will make a statement on the matter. [30542/09]

A local authority is under a statutory obligation to adopt an annual budget providing for the expenditure estimated to be necessary for it to carry out its functions and the income estimated to accrue to it. The overall budgeted amounts adopted by South Dublin County Council for the years in question are set out in the following table:

2008

2009

Revenue Budget

€284,279,400

€284,254,700

Question No. 998 answered with Question No. 968.

Local Authority Housing.

Mattie McGrath

Ceist:

999 Deputy Mattie McGrath asked the Minister for the Environment, Heritage and Local Government the support he will give to county council housing sections to relieve the large waiting lists for the housing assessment officers to visit new housing applicants; and if he will make a statement on the matter. [30584/09]

Mattie McGrath

Ceist:

1000 Deputy Mattie McGrath asked the Minister for the Environment, Heritage and Local Government the average waiting time for a new housing applicants to be visited by a housing assessment officer; the waiting time in south Tipperary; his views on this waiting time; and if he will make a statement on the matter. [30585/09]

I propose to take Questions Nos. 999 and 1000 together.

It is a matter for each housing authority under the Housing Acts, 1966-2009, to carry out assessments of need for the purpose of allocating social housing, and to assign appropriate resources to undertake this function. The Department does not collect details on the average waiting time for a housing applicant to be visited by a housing assessment officer.

Environmental Policy.

Denis Naughten

Ceist:

1001 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government when the interdepartmental working group on the implementation of the ban on turf cutting will report; and if he will make a statement on the matter. [30659/09]

Denis Naughten

Ceist:

1002 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the number of submissions received by the interdepartmental working group on the implementation of the ban on turf cutting; and if he will make a statement on the matter. [30660/09]

I propose to take Questions Nos. 1001 and 1002 together.

The Inter-Departmental Working Group on the Cessation of Turf Cutting in Designated Areas is considering the measures that may be required to implement the cessation, at the end of the year, on 32 raised bog Special Areas of Conservation. The Group has received 194 submissions from interested parties, as well as an estimated 300 expressions of interest, including short e-mails and petition signatures. The matters raised in the submissions are being considered currently. The Group is expected to report to me by end October 2009.

Tax Yield.

Catherine Byrne

Ceist:

1003 Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government the amount which has been received from the new tax on non-principal private residences to date in 2009; and if he will make a statement on the matter. [30690/09]

The due date for payment of the €200 charge for non-principal private residences is 30 September 2009. The charge is payable by the owners of private rented accommodation, holiday homes and other non-principal residences. The charge will be levied and collected by local authorities, and will be used to support the provision of local services. Measures to promote awareness of the charge on owners of non-principal private residences are being undertaken at national and local level, through print and other media and comprehensive information is also available on the website, which is www.nppr.ie. As at 14 September, the amount collected from the charge is €5,574,000.

Hazardous Waste.

Deirdre Clune

Ceist:

1004 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps he has taken to remove the hazardous waste on Haulbowline Island and clean up the island once this waste is removed; the cost of same; the budget provisions that have been provided by him for the future clean up work; and if he will make a statement on the matter. [30697/09]

Deirdre Clune

Ceist:

1005 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps he has taken since hazardous waste was identified on Haulbowline Island to assess the extent of the problem to protect the health of those living in the area and those working on the island; the cost of these reports; and if he will make a statement on the matter. [30698/09]

Deirdre Clune

Ceist:

1006 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps he will take to deal with the hazardous waste on Haulbowline Island; the budget provisions that have been provided by him for this work in the future; and if he will make a statement on the matter. [30699/09]

Deirdre Clune

Ceist:

1007 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government his plans to establish a working group to develop proposals for the Haulbowline site; when this working group will be established; the reason for a delay in establishing same; and if he will make a statement on the matter. [30700/09]

Deirdre Clune

Ceist:

1008 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if his Department requires a licence to hold hazardous waste on Haulbowline Island; if his Department holds such a licence; if such a licence has been applied for; if his Department has been in breach of any law or regulations by not having such a licence; if his Department faces any penalties for such a breach; and if he will make a statement on the matter. [30701/09]

Deirdre Clune

Ceist:

1009 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if he has carried out health screening for staff of his Department and contract staff who worked on Haulbowline Island and their families to confirm that their health has not been damaged by working, or close family members working, in close proximity to dangerous waste materials; if this screening will be carried out again in the future. [30703/09]

I propose to take Questions Nos. 1004 to 1009, inclusive, together.

As previously advised, the Government has considered the position in relation to the former Irish Steel/Ispat site at Haulbowline noting the outcome of the site investigations, the requirement for various works and further monitoring recommended by the environmental consultants and the development issues, particularly technical constraints, site boundary issues, zoning issues and regulatory requirements, meriting early address.

The Government has decided that the Office of Public Works (OPW) will chair a working group to develop a structured and coherent approach to the further management and development of the site. The establishment of this group is a matter for the OPW, and I understand that arrangements to establish the group are underway. Future funding requirements are contingent on the determination as to the future use of the site.

From 2004 to 2009 my Department, had an interim role in the management of this legacy site in a manner which is consistent with good practice and minimisation of risk to human health and the environment. Accordingly, the Department arranged for the decontamination and demolition of the buildings on site and, post-demolition, arranged for the procurement of a contractor for site surface clearance, back filling of voids and the disposal of the remaining surface wastes to be undertaken.

Examples of waste types removed since 2004 include: licensed radioactive sources and low-level radioactive waste; over 10,000 tonnes of scrap metal; over 1,100 tonnes of hazardous dust vacuumed from the steelworks buildings before demolition; contaminated filter bags from the steelworks dust extraction system; various forms of asbestos removed from the steelworks buildings before demolition; refractory waste; transformer oil; electrical capacitors — PCB and non-PCB; sulphur hexafluoride gas from circuit breakers; assorted gas cylinders; battery acid; millscale; disturbed hazardous soils/sludges; hazardous liquid waste.

To date the State has expended c.€50 million on investigations, site works, disposal of waste material, testing and sampling, analysis, topographical and foreshore ecological surveys, project management, professional fees and security.

Following the uncovering by sub-contractors of Hammond Lane Metal Co. Ltd of a sub-surface hazardous sludge pit in summer 2008 my Department engaged consultants White Young Green to carry out an independent and rigorous assessment of site conditions, comprising three distinct modules:

1. assessing the quality of surface water, marine sediment and mussel bivalves in the vicinity;

2. assessment of any health or environmental risks posed by current site conditions; and

3. ambient air monitoring.

The consultants had available the advice of the Environmental Protection Agency, the Marine Institute and the Health and Safety Authority.

Ambient air monitoring was undertaken in accordance with relevant national and international occupational exposure limit values, finding that air quality complied with all relevant standards and guidelines, including in Cobh which was the main population centre that was monitored, and that there is no occupational risk to human health from airborne substances. Similarly, the assessment of water, sediment and mussel samples employed the relevant applicable screening criteria and found no identifiable risk to the residents of Cork Harbour.

In the case of assessing the health and environmental risks posed by potential contaminants in the waste material on the East Tip itself the screening was undertaken using human health generic assessment criteria which are derived from guidance issued in the UK. These criteria were considered most appropriate for the site, are conservative for on-site exposures for current land use, and did not suggest a risk to health of people on site undertaking normal activities or to those in the Cork Harbour area including the Naval Base.

The total amount spent on the site assessment was €394,948.61. This comprised all costs associated with environmental testing, analysis, monitoring and reporting in respect of assessing quality of surface water, marine sediment and mussel bivalves in the vicinity; assessment of any health or environmental risks posed by the site conditions and ambient air monitoring.

Under the Safety, Health and Welfare at Work Regulations it is the duty of each employer to ensure that health surveillance is made available for every employee, appropriate to the health and safety risks that may be incurred at the workplace. Significant hazards must be reported in this context to the Health and Safety Manager. Department staff wear the appropriate personal protection equipment (PPE) when out on site. Where particular concerns arise in relation to possible exposure to health risks in the workplace, provision is made by the Department for appropriate screening to be carried out. The advice of the Chief Medical Officer would also be sought in this context.

In relation to the site at Haulbowline the comprehensive site investigations which were conducted in 2005 and 2008 by White Young Green concluded that while there is significant contamination of the site it posed no immediate threat to human health or the environment in the area.

In the context of the introduction of the licensing system provided for in the Environmental Protection Agency Act, 1992 the facility in question applied for, and was granted by the EPA, an Integrated Pollution Control (IPC) Licence. Such licences encompass the full range of environmental impacts of an activity, including in respect of the management of wastes arising as a result of the activity. However, the company went into liquidation before the conditions in the licence could be met and the liquidator applied to the High Court seeking to disclaim the IPC licence. The judgement, on 29 July 2004, found as a matter of fact that the IPC licence was granted after the company had ceased production of steel and that the conditions of the licence could not be applied retrospectively. A lacuna thus arose as regards the regulatory status of the facility.

Necessarily, the resolution of this must involve a determination as to the future use of the site and thus the appropriate regulatory arrangements which should apply to it. The regulatory status of the site is currently the subject of a complaint to the EU and it would not be appropriate to comment further at this time.

Housing Grants.

John O'Mahony

Ceist:

1010 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the number of applications for the mobility aids housing grant, the housing adaptation grant for people with a disability and the scheme of housing aid for older people awaiting approval from Mayo County Council; and if he will make a statement on the matter. [30739/09]

John O'Mahony

Ceist:

1011 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government if he will provide additional funding to Mayo County Council for housing aid grants; and if he will make a statement on the matter. [30740/09]

Michael Ring

Ceist:

1030 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the funding awarded to a local authority for grant schemes (details supplied) in the years 2007 and 2008 and to date in 2009; the amount for each scheme; and if he will make a statement on the matter. [30975/09]

Michael Ring

Ceist:

1031 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the date on which new grant schemes (details supplied) were announced by him; the amount of funding put in place to administer the schemes from the day they were announced; and if he will make a statement on the matter. [30983/09]

Michael Ring

Ceist:

1032 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the number of applications received, on a yearly basis since their introduction, by a local authority for grant schemes (details supplied); and the number of applications pending a decision. [30984/09]

Michael Ring

Ceist:

1033 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when he will allocate additional funding to a local authority (details supplied) for the administration of grant schemes. [30995/09]

I propose to take Questions Nos. 1010, 1011 and 1030 to 1033, inclusive, together.

My Department's involvement with the Housing Adaptation Grant Schemes for Older People and People with a Disability relates primarily to the recoupment of a proportion of local authority expenditure on the payment of individual grants. These schemes, introduced on 1 November 2007, are funded by 80% recoupment available from my Department, together with a 20% contribution from the resources of the local authority. The older Disabled Persons and Essential Repairs grant schemes are funded by 67% recoupment, together with a 33% contribution from the resources of the local authority. The detailed administration of these schemes, including the assessment and approval of individual applications, is the responsibility of the relevant local authority.

The annual allocations to local authorities under the schemes are calculated on foot of detailed discussion between my Department and the local authorities and on the basis of a number of criteria, including the level of applications on hand that have been assessed as eligible, applications yet to be assessed and projections for new applications to be received during the year. It is a matter for each local authority to decide on the specific level of funding to be directed towards each of the individual schemes, from within the combined allocation notified to them by my Department, and to manage the operation of the schemes in their areas from within their allocation.

Details of Exchequer funding provided to Mayo County Council for these schemes for the years 2007 and 2008 and total allocations for 2009 from Exchequer and local authority sources are set out in the following table:

2007

2008

2009

€1,630,838

€2,011,125

€2,775,834

In order to facilitate the continued independent occupancy of their own homes by older people and people with a disability, and following a review of the old Disabled Persons, Essential Repairs Grant Schemes and Special Housing aid for the Elderly, which was administered by the HSE, a revised suite of Housing Adaptation Grant Schemes was implemented on 1 November 2007. The revised schemes target the available resources to those in most need, streamline operational and administrative procedures and ensure equity and consistency of operation across all local authority areas.

The number of applications on hand in Mayo County Council at the end of December 2008, representing the most recent data notified to my Department , is set out in the following table:

Mayo County Council

Applications on hand at 31 Dec. 2008

Housing Adaptation Grant for People with a Disability

119

Mobility Aids Grant

249

Housing Aid for Older People

570

Details regarding the current status of individual applications and the number of applications received by Mayo County Council on an annual basis under each of the various grant measures are not available in my Department. I will review the funding position in the light of any under-spend by local authorities of their allocations for the grant schemes or other allocations under the wider social housing investment programme.

Question No. 1012 answered with Question No. 979.

Affordable Housing.

Róisín Shortall

Ceist:

1013 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government his plans to abolish the claw-back arrangements on resale for owners and prospective buyers of affordable housing. [30765/09]

Houses sold to first time buyers under the various affordable housing schemes at a significant discount from market value contain a clawback provision, in order to prevent short-term profit taking on the resale of the house, to the detriment of the objectives of the schemes. There are no plans to abolish the claw-back arrangements under the existing affordable housing schemes.

Provision has been made in the Housing (Miscellaneous Provisions) Act 2009 for the introduction of new Affordable Dwelling purchase arrangements to replace existing affordable housing schemes. Under these, the purchase transaction will be largely unchanged from the affordable purchaser's perspective. However, instead of units being sold at a discounted price, with the value of the discount being subject to a reducing clawback, the State will take an equity stake in affordable units sold. The purchaser will have the option of either buying out the remaining equity in steps or at the end of a fixed period. Until the new arrangements are formally commenced, the existing clawback arrangements will continue to apply in relation to the purchase of affordable housing.

Tax Code.

Joan Burton

Ceist:

1014 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government his views on whether it is fair that individuals are being asked to pay the €200 non-principal private residence charge even when they own only a single property, particularly where an individual has to move home to a rented property in order to take up employment; his further views on whether charging such individuals could be a limit to labour mobility; if he will modify this charge in order that such individuals receive a dispensation from paying the charge; and if he will make a statement on the matter. [30794/09]

The €200 charge on non-principal private residences is payable by the owners of private rented accommodation, holiday homes and other non-principal residences. The most important exemption under the Local Government (Charges) Act 2009 is for a person's sole or main residence. However, any one individual can have only one such residence. The Act, which imposes a modest charge on non-principal private residences to support the provision of local services where the properties concerned are located, does not seek to differentiate between such residences left vacant by the owner or made available for rent as the case may be.

Election Management System.

Joanna Tuffy

Ceist:

1015 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding the storage of electronic voting machines; the cost of storage; with whom the contracts for storage have been made in tabular form; and if he will make a statement on the matter. [30829/09]

On 23 April 2009, I announced that the Government have decided not to proceed with the implementation of electronic voting in Ireland. A process is now being put in place to address the disposal of the electronic voting and counting equipment and termination of storage arrangements. Based on information provided to my Department by Returning Officers, the total annual costs for storage of the electronic voting equipment for the various locations are set out in the following table, which also includes ownership details provided in respect of each premises.

In 2007, over 60% of the machines (4,762 in total) were moved from 12 local storage locations to a central storage facility located at Gormanston Army Camp. Costs incurred to date in respect of the movement and storage of this equipment are some €328,000. These were largely one-off expenses, and there are no ongoing rental costs.

Storage of Electronic Voting Machines — Owners of Premises and Storage Costs

County/City

Owner of Premises

Annual Storage Costs (incl. VAT)

Annual Storage Costs (incl. VAT)

Annual Storage Costs (incl. VAT)

Annual Storage Costs (incl. VAT)

Annual Storage Costs (incl. VAT)

2004

2005

2006

2007

2008

Carlow-Kilkenny*

Matthew and Teresa Cleary

28,506.00

29,595.00

30,166.00

24,653.65

Cavan-Monaghan

Martin Duffy

25,828.00

25,828.00

27,075.32

21,608.32

21,685.79

Clare

Voting machines stored in courthouse. Premises for ancillary equipment owned by Tony Mulqueen.

10,800.00

3,600.00

3,600.00

3,600.00

3,600

Cork City*

Mr. and Mrs. Martin Harvey

27,207.50

42,499.50

53,942.33

48,561.85

Cork County*

Michael O’Driscoll

37,609.30

37,609.30

35,124.00

35,913.29

Donegal

Niall McIvors, Secure Storage

9,293.00

15,714.00

16,685.80

13,987.80

14,026.20

Dublin City*

Brendan and Cara Walsh

65,000.00

72,350.00

71,265.00

6,954.00

Dublin County*

John Fitzpatrick and Kevin McGarry

62,938.66

62,938.66

49,034.86

Galway

Voting machines stored in Galway courthouse until March 2009

5,253.00

5,253.00

5,000

Kerry

John Dillane

26,125.00

26,125.00

22,624.96

28,003.00

31,875.32

Kildare*

J & D O’Brien

27,125.86

27,125.86

31,984.21

29,364.82

20,748.97

Laois-Offaly

KG Warehousing Ltd.

28,178.00

28,178.00

27,647.60

27,647.60

27,682.60

Limerick*

Ashling Microsystems

57,675.86

57,675.86

64,465.30

28,423.10

Longford

Returning Officer has requested that this information not be released publicly for security reasons

2,995.16

15,095.16

18,439.88

20,003.28

16,859.98

Roscommon

Gerry Kelly

10,374.98

10,374.98

9,816.00

10,664.82

10,026.82

Louth

Dundalk Town Council

298.00

298.00

593.47

595.06

566.11

Mayo*

Joseph Togher

34,930.00

34,930.00

37,426.00

38,608.00

Meath

Paul McDonnell

20,366

20,366.00

21,976.51

26,354.72

26,395.72

Sligo

Voting machines stored in courthouse

2,500

Leitrim

Voting machines stored in courthouse. Premises for ancillary equipment owned by Drumshanbo Enterprise Centre

3,000.00

3,150.00

3,200.00

3,200

Tipperary (N&S)*

Nicholas Delehanty

42,700.00

42,700.00

31,200.00

39,196.00

Waterford*

Johnstown Properties Ltd.

52,888.48

52,888.48

57,699.17

35,989.67

Westmeath*

Peadar Conlon

22,805.34

22,805.34

21,772.62

21,440.30

Wexford

McGuinness Enterprises Ltd.

16,875.00

16,876.00

19,064.76

18,934.46

25,057.70

Wicklow*

Telhurst Ltd.

42,455.80

42,455.80

54,241.29

Total

658,228.94

696,281.94

705,995.08

488,703.74

204,225.21

*Machines moved to Gormanston in 2007.

Water Services.

Phil Hogan

Ceist:

1016 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the expenditure by local government in providing water in 2008; the amount recouped through charges; and if he will make a statement on the matter. [30847/09]

Capital expenditure on the provision of water services infrastructure in 2008 amounted to some €594 million, of which my Department funded €496 million. The balance was met by local authorities from non-Exchequer sources and through water charges in respect of services provided to the non-domestic sector. Figures are not yet available for expenditure relating to the delivery of water services for 2008. However, the local authorities' Annual Financial Statements indicated that the operational cost of delivering water services amounted to €680 million in 2007. Local authorities collected €169 million from water charges levied on non domestic users during 2007.

Phil Hogan

Ceist:

1017 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the average daily domestic consumption of water per person; the way in which this compares with the EU average and with the UK; and if he will make a statement on the matter. [30848/09]

In the absence of the metering of domestic customers, the amount of water used by households is difficult to quantify accurately. The National Water Study, undertaken by my Department in 2000, estimated that average daily water consumption in Ireland was 145 litres per person per day and more recent estimates by the EPA have put average daily water consumption at 148 litres per person per day.

The UK's Department of the Environment, Food and Rural Affairs has indicated that between 2001 and 2006, average consumption in metered households was 134 litres per person per day, and in un-metered households was 152 litres per person per day. Up-to-date information regarding water consumption across the EU is not available. However, the European Environment Agency has indicated that average consumption for all household purposes in the European Economic Area in 2001 was approximately 150 litres per person per day. A more recent report, published by Eurostat in November 2007, showed per capita consumption in southern Member States, such as Spain and Portugal, as well as some Nordic countries in excess of 160 litres per person per day. Consumption in more centrally located States and the Baltic Member States was stated to be well below this level.

Questions Nos. 1018 to 1020, inclusive, answered with Question No. 967.

Hazardous Substances.

Richard Bruton

Ceist:

1021 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if asbestos has been dumped in a lane running behind private houses, which is not in public ownership, if there is any authority which can undertake the removal of the material with appropriate care; the person who is liable for the cost; and if he will confirm if the position is different where the lane in question is a public right of way. [30867/09]

The primary responsibility for the management of any waste, including costs for removal or disposal, lies with the holder of the waste, i.e. the natural or legal person in possession of the waste, or the producer of the waste. The Waste Management Acts 1996-2008 impose a general duty of care on holders of waste. A person may not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. In addition, in the case of hazardous waste, a holder of waste is required, without delay, to inform both the local authority concerned and the EPA of any loss, spillage, accident or other development concerning that waste which causes or is likely to cause environmental pollution.

It is the responsibility of the relevant local authority to deal with any instances of illegal disposal of waste in their functional area and take the appropriate enforcement action. Any incidents of illegal waste activity should be reported to the local authority who have significant powers available to them under the Waste Management Acts to deal with the waste. Asbestos is a hazardous waste and its management requires care, including relevant health and safety requirements. Further general information on asbestos, including disposal, can be obtained from the Environmental Protection Agency's website:

http://www.epa.ie/whatwedo/advice/asbestos/

Phil Hogan

Ceist:

1022 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the problems associated with the storage of material at a location (details supplied) in County Carlow; the action he will take arising from various health and safety matters that have been raised in correspondence with him; and if he will make a statement on the matter. [30870/09]

I have been in receipt of correspondence in relation to the facility concerned and my Department is giving detailed consideration to the issues which have been raised. I expect to be in a position to issue a response shortly. Under the Urban Waste Water Directive, Member States are required to reuse, where possible, the sludge arising from the treatment of waste water. The use of sewage sludge in agriculture is the primary area for reuse in Ireland, and is governed by the Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998 -2001. A code of practice for the use of sewage sludge in agriculture has also been prepared.

Last month, the Environmental Protection Agency established a Working Group to consider issues surrounding the management of sewage sludge. My Department is participating in this group, which also includes representatives from the Department of Agriculture, Fisheries and Food, Teagasc and the local authorities. The Working Group will be considering, inter alia, the arrangements for both the transportation and storage of sewage sludge.

Local Authority Funding.

John O'Mahony

Ceist:

1023 Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the amount of funding made available to Donegal County Council and Letterkenny Town Council for the development of the green area and park in Ballyboe, Letterkenny; the amount of funding from the European Union which was made available to the aforementioned local authorities in respect of same; and if he will make a statement on the matter. [30873/09]

I have received no application from Donegal County Council and/or Letterkenny Town Council for specific funding for the above mentioned project. No funding has been made available by my Department, nor am I aware of any funding being provided by the European Union for the project.

Question No. 1024 answered with Question No. 968.

Animal Breeding Regulations.

Niall Collins

Ceist:

1025 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government if keepers of hunting dogs used for non-commercial activities including fox hounds and beagles will be exempted from regulations concerning commercial dog breeding establishments; if the proposed regulation is to apply to greyhounds; and if he will make a statement on the matter. [30894/09]

Dan Neville

Ceist:

1029 Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government if he will establish secondary legislation in the form of a statutory instrument or regulation to ensure all hunt kennels are registered in the same categories as commercial puppy farms; his views on whether hunt clubs are commercial dog breeders and on whether they should be exempt from this legislation; his further views on the fact that previous Ministers for his Department who initiated the draft legislation gave an organisation (details supplied) this exemption; and if he will make a statement on the matter. [30951/09]

Sean Sherlock

Ceist:

1038 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the status of the proposed legislation for commercial dog breeding establishments; if hunt kennels are to be subject to this proposed legislation; and if he will make a statement on the matter. [31200/09]

Phil Hogan

Ceist:

1042 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when he will sign the necessary puppy regulations confirming the exemptions of various organisations (details supplied) as outlined in correspondence of February 2008; and if he will make a statement on the matter. [31247/09]

I propose to take Questions Nos. 1025, 1029, 1038 and 1042 together.

Work has been ongoing for some time in my Department in drafting measures to provide for statutory regulation of dog breeding establishments within the dog control legislative regime. This process has included discussions with a number of organisations, bodies, public agencies and interests active in this area. The issues involved are complex and required detailed consideration following the recommendations of the Working Group which examined the regulation of dog breeding establishments. The recommendations included a definition of a dog breeding establishment as ‘a premises containing more than 5 female dogs, aged over 4 months, with breeding potential.

Following advice, it is my intention to introduce amending legislation in this area at the earliest opportunity. My proposals in this regard are at an advanced stage and will be published as soon as possible. The proposed legislation will apply to all dogs including hunting dogs and greyhounds. The proposals will provide for registration, inspection and regulation of all dog breeding establishments together with payment of registration fees, minimum standards, maintenance of records and related provisions.

With regard to groups affiliated to the Hunting Association of Ireland (HAI), I propose to exempt such groups from the requirement to pay registration fees as they have indicated that they operate on a not for profit basis. However, in order to ensure that proper standards apply to all dog breeding establishments, commercial and otherwise, it is my intention that such premises operated by the HAI will be subject to regulation, registration and inspection, with a requirement to adhere to proper veterinary and welfare standards and other conditions as may be specified. As the HAI informs me that it operates a comprehensive standards regime at present, it is not expected that the new regulatory regime will place a significant additional burden on their affiliated groups.

Tax Code.

Ciaran Lynch

Ceist:

1026 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the reason the levy payable on a non-primary residence is payable on a house which has a tenant on rent allowance but not where the tenant is on the rental accommodation scheme; and if he will make a statement on the matter. [30923/09]

The charge on all non-principal private residences, designed to broaden the revenue base of local authorities, is payable by the owners of private rented accommodation, holiday homes and other non-principal private residences. Landlords of property rented under the Rental Accommodation Scheme are paid directly by the local authority, for the provision of accommodation to those in need of long term accommodation. Specific exemptions are contained in the Act for the provision of long term accommodation by the State, Local Authority and Voluntary and Co-operative providers. These exemptions do not include landlords who provide rental accommodation to tenants who may be in receipt of rent allowance.

Departmental Correspondence.

Phil Hogan

Ceist:

1027 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he made a submission to the Special Group on Public Service Numbers and Expenditure Programmes; if so, if he will supply a copy of same; and if he will make a statement on the matter. [30932/09]

My Department's submission to the Special Group on Public Service Numbers and Expenditure Programmes in February 2009 is available on the Department of Finance website www.finance.gov.ie under Policy Areas and Publications/Reports/Special Group on Public Service Numbers and Expenditure Programmes/Background Documents.

Special Areas of Conservation.

Paul Connaughton

Ceist:

1028 Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government when payment will issue to a person (details supplied) in County Galway in respect of the sale of a bog to his Department; and if he will make a statement on the matter. [30937/09]

Having regard to available budgetary resources, priority is being given under the scheme this year to those wishing to sell their interest in the 32 raised bog sites which were nominated for designation as Special Areas of Conservation in 1999. For these sites, the derogation given by the Government, which allowed the continuation of turf cutting for personal domestic use, expires in 2009. The person in question in this case owns land within Crit Island West, a Natural Heritage Area designated in 2004, and the 10 year derogation period will not expire until 2014. Land transactions within this area, accordingly, will not qualify for priority attention this year.

Question No. 1029 answered with Question No. 1025.
Questions Nos. 1030 to 1033, inclusive, answered with Question No. 1010.

Waste Management.

Sean Sherlock

Ceist:

1034 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the amount of Irish food waste deposited in landfill sites between 2007 and to date in 2009; and if he will make a statement on the matter. [31008/09]

National waste statistics for all waste streams are independently produced and published by the EPA. National Waste Reports have been published in respect of the years 1995, 1998, 2001, 2004 and 2006 with interim reports published for 2002, 2003, 2005 and 2007 respectively. No report has yet been published in respect of 2008. These reports are available on the Agency's website: www.epa.ie. While there is no specific information available to my Department on the volumes of food waste consigned to landfill, the National Waste Reports provide data in relation to the organic fraction of the municipal waste stream. Organic waste, in broad terms, is taken to mean food and garden waste arising in the domestic and commercial sectors.

The recent National Waste Report 2007, published in January 2009, estimated that a total of 839,806 tonnes, or 91.4%, of organic waste was landfilled in 2007. Improving our recovery rates for organic waste represents a considerable challenge and one that must be addressed as a matter of urgency if Ireland is to achieve its prescribed diversion targets for biodegradable municipal waste under Directive 99/31/EC on the landfill of waste (the Landfill Directive). Meeting these targets will entail doubling the existing levels of diversion of biodegradable municipal waste, which includes organic waste, from landfill by 2010 with exponential increases in diversion in the subsequent target years of 2013 and 2016 respectively.

Following extensive consultations, a National Strategy on Biodegradable Waste was published in April 2006 and sets out measures aimed at the separate collection, recovery and recycling of biodegradable municipal waste with a view to achieving the progressive diversion of biodegradable municipal waste from landfill in accordance with our international obligations. The Strategy envisages that 80% of biodegradable municipal waste will be diverted from landfill by 2016, with the separate collection and subsequent biological treatment of organic waste to generate compost having a critical role to play in minimising the use of landfill into the future. The Programme for Government contains a commitment to implementation of the National Strategy.

In 2008, a circular issued to all local authorities to drive forward the roll out of brown bins for domestic householders and to promote the use of home composting. I have also signalled my intention to introduce primary legislation to allow for significant increases in the landfill levy to act as a further deterrent to landfill. In addition, my Department is working with industry towards the development of a statutory instrument to require the source segregation and appropriate treatment of food waste arising in the commercial sector. This, I believe, has the potential to divert significant amounts of food waste from landfill towards more sustainable and environmentally beneficial practices.

I am confident that all of the above measures will contribute significantly to the achievement of the targets for the diversion of biodegradable municipal waste from landfill and in an overall reduction in our use of landfill.

Tax Code.

Noel Ahern

Ceist:

1035 Deputy Noel Ahern asked the Minister for the Environment, Heritage and Local Government the situation in relation to the second home €200 property tax, whether it is for services received last year, this year or next year; if it must be paid if the house is occupied by family members on a rent-free basis; the position if the house was empty and undergoing major refurbishment for several months or even full years; and if the house was gifted to a son or relative already the owner of the house, but continues to be occupied rent free for the original owner. [31022/09]

The charge on all non-principal private residences, designed to broaden the revenue base of local authorities, is an annual charge and it will be used to support the provision of local services. The most important exemption under the Local Government (Charges) Act 2009 is for principal private residences. The charge is a point in time charge assessed on the liability date, which in 2009 is 31 July. A property that is not suitable for use as a dwelling on the liability date should not be regarded as a dwelling within the meaning of the Act. My Department has issued guidelines to local authorities for use when considering whether a house is habitable or not.

If a person owns a property other than one that they reside in as their principal private residence, then it may be liable for the charge. There is, however, a further specific exemption in the Act in the case of a property owned by an individual which is less than two kilometres from the principal private residence of that individual, and is occupied rent free by a relative. Where a house is willed or gifted to an individual and a right of residence is retained by the original owner or occupier then the liability to pay the charge depends on whether the right of residence is exclusive. If the right of residence is exclusive, the owner does not have an entitlement to seek or receive rent, and is, therefore, not an "owner" within the meaning of the Act until that right ceases to affect the property.

Local Authority Staff.

Niall Collins

Ceist:

1036 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government the salary scale and other allowances, either vouched or unvouched, payable to local authority managers and directors of services; and if he will make a statement on the matter. [31060/09]

Salaries of County and City Managers and Directors of Service are set out in the City and County Managers (Remuneration) (No.2) Order 2008. The salary scale for Assistant Managers and Directors of Service, from 1 September 2008, is €93,231 increasing by annual increments to €110,183.

The salaries for County and City Managers are set out in the following table:

Local Authority Manager

Salary

Dublin City Council

202,461

Cork County Council

171,313

Fingal County Council

South Dublin County Council

Cork City Council

157,967

Dun Laoghaire-Rathdown County Council

Kildare County Council

Meath County Council

Limerick City Council

146,845

Clare County Council

Donegal County Council

Galway County Council

Kerry County Council

Kilkenny County Council

Limerick County Council

Louth County Council

Mayo County Council

South Tipperary County Council

Westmeath County Council

Wexford County Council

Wicklow County Council

Galway City Council

136,581

Waterford City Council

Carlow County Council

Cavan County Council

Laois County Council

Leitrim County Council

Longford County Council

Monaghan County Council

Offaly County Council

Roscommon County Council

Sligo County Council

North Tipperary County Council

Waterford County Council

Dublin City — Assistant Manager

Dublin City — Assistant Manager

Dublin City — Finance Officer

Dublin City — Treasurer

There are a number of allowances available to County and City Managers and Directors of Service. County and City Managers and Directors of Service may submit claims in respect of travel and subsistence expenses incurred as part of their official duties in accordance with the relevant travel and subsistence circulars. All local authorities are obliged to ensure that only essential travel is undertaken and that the number of employees going on any official journey is kept to an absolute minimum. Local authorities are also obliged to ensure that related expenditure is critically appraised and monitored.

A Manager or Assistant Manager may claim up to 7.5% of their salary in substitution of motor mileage rates contained in the travel and subsistence circulars, where a local authority considers that those allowances do not adequately recompense the Manager or Assistant Manager for the extent to which their car is used for official business. A Manager or Assistant Manager may claim an allowance in respect of individual or casual entertainment expenses incurred by them in relation to development functions and public relations associated therewith. The level of allowance corresponds to the number of Assistant Managers and is contained in the following table:

Allowance

County or City Manager

Up to €2,095

Manager and one Assistant Manager

Up to €3,683

Manager and two or more Assistant Managers

Up to €5,270

Manager and three or more Assistant Managers

Up to €6,858

County and City Managers with designated responsibility for a Regional Authority may claim an allowance of € 6,155 per annum in respect of these responsibilities.

Urban Renewal Schemes.

Jan O'Sullivan

Ceist:

1037 Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government if a decision has been made to provide a funding package in order to accelerate the implementation of the Limerick regeneration master plan in 2010; the funding which will be made available; and if he will make a statement on the matter. [31191/09]

Jan O'Sullivan

Ceist:

1044 Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will confirm the level of funding that will be allocated to the Limerick Regeneration Agency for 2010; if supplementary funding will be allocated for the remainder of 2009; and if he will make a statement on the matter. [31291/09]

I propose to take Questions Nos. 1037 and 1044 together.

My Department continues to provide strong support for the regeneration project across Limerick City, through ongoing liaison with the Limerick Northside and Southside Regeneration Agencies and with the local authorities in the area.

Since their establishment in June 2007 the Regeneration Agencies have delivered two regeneration vision plans, developed a strong framework for inter-agency working, and provided a flexible regeneration programme that proposes a road map for a new Limerick over the next decade. This programme will require significant investment of time and resources from public and private stakeholders in delivering the mixed use, mixed tenure sustainable communities envisaged over the period of implementation for the project.

My Department is now finalising its consideration of the draft Masterplan with a view to its formal presentation to Government this Autumn with associated implementation plans.

In regard to investment, over the period 2007-2008, my Department provided some €30 million for the support and development of the regeneration programme in the Moyross, Southill, Ballinacurra Weston, and St. Mary's Park areas of Limerick City, with a further €24.65 million provision for 2009. The 2007-2008 funding was provided to both the Limerick Regeneration Agencies and Limerick City Council and has supported the establishment and operation of the Limerick Regeneration Agencies; the demolition of some 350 void properties; extensive estate clean-ups and environmental works; support for local educational and social initiatives; and the development of the vision plans and draft Masterplans.

An agreed joint programme of physical, social and environmental regeneration activities is being funded from the 2009 allocation and implemented by Limerick Regeneration Agencies, Limerick City and Limerick County Councils and Clare County Council, including a specific budget allocation of €8.25m to cover the Limerick Regeneration Agency's costs and projects. The programme facilitates the temporary relocation of households from the areas, both in terms of community stability and to facilitate construction works, as well as proceeding with the extensive planned demolitions. Funding has been provided for the continuation of estate improvement works including wide-scale clean ups in the areas and specific community safety initiatives and social intervention projects. A project team has been established to deliver detailed plans for two new sheltered housing construction projects in the regeneration areas of Moyross and Ballinacurra Weston. Some €1.5m has been provided in 2009 towards meeting these design costs.

The broader economic and employment situation in Limerick and the Mid-West region is under consideration in light of the Interim Report of the Mid-West Task Force. My colleague, the Tánaiste and Minister for Enterprise Trade and Employment published the Interim Reporton 28 July 2009 and the Government is committed to a cross-Departmental consultation process to evaluate and consider the implementation of the report's recommendations. The report recommends inter alia the fast-tracking of the Limerick regeneration programme.

Significant funding for the regeneration programme will continue to be provided in 2010, and the priorities involved will be reviewed as part of the respective October Housing Action Plan meetings between my Department, Limerick City and Limerick County Councils, Clare County Council and the Limerick Regeneration Agencies. The specific funding allocations will be determined in light of the forthcoming meetings, wider Government decisions, the estimates process and the level of support available from key public and private stakeholders.

Question No. 1038 answered with Question No. 1025.

Waste Management.

Sean Sherlock

Ceist:

1039 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the targets which have been set to be achieved here by 2011 in reducing food packaging waste output; the progress being made towards this target; and if he will make a statement on the matter. [31201/09]

Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (the Packaging Directive) is based on the concept of producer responsibility, which effectively requires producers to contribute to the end-of-life waste management costs of products which they have placed on the market. Practical implementation of the Directive in Ireland is achieved mainly through a collective industry-based compliance scheme operated by Repak Limited.

Under the original Directive, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005 and both of these targets were achieved. The National Waste Report 2007 states that the rate of packaging waste recovery reached 63.6% in that year, exceeding the target of 60% to be achieved by 2011 which was set by Directive 2004/12/EC of the European Parliament and of the Council amending the Packaging Directive.

In 2007, in accordance with Government policy to prevent and minimise waste, I asked Irish Industry to develop a model similar to the Courtauld agreement on packaging waste in the U.K. This agreement aims to reduce significantly the amount of packaging waste generated in the retail sector, with the principal focus being placed on the food retail multiples. Discussions are continuing between Retail Ireland, Repak and my Department with a view to building on the successful management of packaging waste in Ireland and minimising the generation of such waste in the future.

Departmental Staff.

Niall Collins

Ceist:

1040 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31228/09]

In accordance with Department of Finance guidelines, Civil Servants appointed as non-executive members of State Bodies under the aegis of my Department do not receive fees or remuneration for such membership. In the case of An Bord Pleanála, Section 106(1)(g) of the Planning and Development Act 2000, provides that one member of the Board must be appointed in a whole time capacity by the Minister for the Environment, Heritage and Local Government.

The salary of board members of An Bord Pleanála was determined by the Review Body on Higher Remuneration in the Public Sector, at the minimum point of the Assistant Secretary salary scale. The current appointee of the Department is at Principal Officer level and the difference in salary is paid by the Board. Civil service appointees to State Bodies may avail of normal travel and subsistence expenses where appropriate.

Hare Coursing.

Phil Hogan

Ceist:

1041 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when he will sign the necessary regulations to allow coursing meetings to proceed; and if he will make a statement on the matter. [31246/09]

John McGuinness

Ceist:

1046 Deputy John McGuinness asked the Minister for the Environment, Heritage and Local Government his views on the hare coursing licence application; the timeframe for a decision on an application; and if he will make a statement on the matter. [31336/09]

John Deasy

Ceist:

1054 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government when he will make a decision on issuing licences to coursing clubs to net hares; the reason for the delay in issuing such licences; and if he will make a statement on the matter. [31567/09]

I propose to take Questions Nos. 1041, 1046 and 1054 together.

My Department has granted licences under the Wildlife Acts to the Irish Coursing Club on behalf of their affiliated clubs to facilitate the tagging and the capture of hares in relation to the holding of coursing meetings in the coming 2009/2010 season.

Question No. 1042 answered with Question No. 1025.

Water and Sewerage Schemes.

Sean Sherlock

Ceist:

1043 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government when approval will be given for a new water scheme (details supplied) in County Cork; and if he will make a statement on the matter. [31261/09]

Last month, my Department approved Cork County Council's revised contract documents for the Mallow/Ballyviniter Regional Water Supply Scheme, which is approved for funding under my Department's Water Services Investment Programme 2007-2009. It is now a matter for the Council to seek tenders for the scheme.

Question No. 1044 answered with Question No. 1037.

Local Authority Staff.

Phil Hogan

Ceist:

1045 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the number of staff employed by local authorities to serve waste water treatment and drinking water provision; and if he will make a statement on the matter. [31311/09]

The staffing requirements in each local authority area, including staff employed by local authorities to serve waste water treatment and drinking water provisions, are matters for each county and city manager under section 159 of the Local Government Act, 2001. The information sought is not available in my Department.

Question No. 1046 answered with Question No. 1041.

Water and Sewerage Schemes.

Denis Naughten

Ceist:

1047 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 1065 of 27 January 2009, if the scheme will be included in the next phase of his Department’s water services investment programme; the timetable for the publication of this programme; and if he will make a statement on the matter. [31343/09]

As indicated in the reply to Question No. 1065 of 27 January 2009, a sewerage scheme for the village of Creggs in County Galway may be considered for approval in future phases of the Water Services Investment Programme in light of its relative priority and the resources available at the time.

Local authorities were asked in July to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. These assessments will form a key input to the development of the 2010 to 2012 Water Services Investment Programme, which it is anticipated will be published in early 2010. In conducting their assessments, local authorities have been asked to prioritise schemes and contracts for progression over the coming years based on key environmental and economic criteria.

Noise Pollution.

Denis Naughten

Ceist:

1048 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government when the noise nuisance Bill will be published; and if he will make a statement on the matter. [31345/09]

The Programme for Government contains a commitment to introduce comprehensive legislation on noise pollution within the lifetime of this Government. Earlier this year, following an extensive consultation process, the General Scheme of a Noise Nuisance Bill was prepared in my Department. In May, this Scheme was approved by the Government for drafting, and it is my aim to publish this Bill during the autumn session.

Planning Issues.

Denis Naughten

Ceist:

1049 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to review the legislation regulating the licensing of outdoor music events and the Planning and Development Regulations 2001 (Licensing of Outdoor Events); if he is satisfied with the legislation in this area; and if he will make a statement on the matter. [31346/09]

Section 230 of the Planning and Development Act 2000, which came into effect on 11 March 2002, provides that a licence is required in respect of the holding of an event, or class of event prescribed under Part 16 of the Planning and Development Regulations 2001 (Licensing of Outdoor Events). These Regulations received the positive approval of both houses of the Oireachtas, and are quite extensive, setting out requirements such as:

(a) the publication of a notice of intention to apply for a licence;

(b) the notification of prescribed persons or bodies;

(c) the form and content of an application for a licence;

(d) the plans, documents and information to be submitted with an application;

(e) the bodies to be consulted in relation to a licence;

(f) enabling submissions and observations to be made within a prescribed time;

(g) requiring an applicant to submit further information in respect of their application;

(h) the time within which a decision on an application must be made.

While I have no specific proposals for review, I will continue to keep the operation of Part XVI of the 2000 Act under scrutiny to ensure its effective operation.

National Parks.

Denis Naughten

Ceist:

1050 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 101 of 10 October 2007, the steps he has taken to date to support this project; and if he will make a statement on the matter. [31350/09]

I refer to the reply to Question No. 719 of 9 July 2009. That reply indicated, inter alia, that while I have no direct role in this matter, in principle I would welcome any arrangement between Bord Na Móna and local groups to restore the natural and amenity value of harvested bogs. In this instance, it is a matter for the local group proposing the initiative to engage directly with Bord Na Móna, as owners of the bogs concerned.

Planning Issues.

Denis Naughten

Ceist:

1051 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to amend the enforcement aspect of section 261 of the Planning and Development Act 2000; and if he will make a statement on the matter. [31353/09]

I acknowledge that there are deficiencies in section 261 of the Planning and Development Act 2000, concerning the control of quarries. Revised legislative provision to address these deficiencies is under consideration in the context of the Planning and Development (Amendment) Bill 2009 which was published in June 2009.

Niall Collins

Ceist:

1052 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government if a court summons issued by a planning authority under section 154 of the Planning and Development Act 2000 can be withdrawn; and if he will make a statement on the matter. [31391/09]

Section 157 of the Planning and Development Act 2000 provides that summary proceedings for an offence under the Act may be brought and prosecuted by a planning authority, whether or not the offence is committed in the authority's functional area. The practice and procedures to be followed in District Court proceedings are prescribed in the Rules of Court. The conduct of any court case and the decision reached, including a decision to strike out a case, is a matter for the presiding judge, who is independent in this function.

Local Authority Housing.

Aengus Ó Snodaigh

Ceist:

1053 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the status of the regulations which will enable shared ownership home owners to remortgage without triggering the clawback; and the safeguards he will establish to ensure that local authorities do not overvalue the property in order to compensate for the loss of revenue they will incur when the clawback no longer needs to be repaid. [31539/09]

Purchasers of affordable houses (or houses sold by way of shared ownership at less than market value) have a clawback charge placed on the property. The primary purpose of the clawback regime is to prevent short-term profit-taking on the resale of affordable homes. As such, it should, therefore, only have effect in the event of the house being sold. However, because of the way in which the clawback legislative arrangements are structured, they have an impact on affordable homeowners wishing to switch mortgage provider or take out an equity release "top-up" mortgage. This arises because of the time-sensitive manner in which charges on property apply.

While provision has been made in the Housing (Miscellaneous Provisions) Act 2009 to allow purchasers under the new Affordable Dwelling Purchase Arrangements to re-mortgage or top-up their mortgage without triggering the clawback, as enacted, the Act does not, in error, provide this facility for purchasers under existing affordable housing or shared ownership arrangements. I have requested my Department to arrange to have the relevant provisions included in the first appropriate legislative vehicle available to the Department.

The operation of the various affordable housing schemes is primarily a matter for individual housing authorities and I have no function in relation to valuations of property made by a local authority in individual transactions. A local authority may reconsider its valuation of a property in light of an independent valuation obtained by the owner; however, it is not obliged to accept this valuation. Any person who is not satisfied with a service or action of a local authority should in the first instance make a formal complaint to that authority. My Department has issued guidelines to local authorities regarding the establishment and operation of effective customer complaints systems. Complaints regarding the actions of a local authority may also be made to the Office of the Ombudsman.

Question No. 1054 answered with Question No. 1041.

Departmental Advertising.

Damien English

Ceist:

1055 Deputy Damien English asked the Minister for the Environment, Heritage and Local Government the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31577/09]

The information requested in respect of my Department is being compiled and will be forwarded to the Deputy as soon as possible. My Department does not compile or hold data in relation to advertising funded by agencies under its aegis.

Turf Cutting.

James Bannon

Ceist:

1056 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government if a person (details supplied) in County Westmeath is entitled to cut turf for their own domestic use in their own bog; if not, if compensation will be provided for the purchase of alternative fuel; and if he will make a statement on the matter. [31594/09]

The cessation of turf cutting is due to come into effect at the end of this year on two bogs in Co. Westmeath, located within the Lough Ree and Garriskill Bog candidate Special Areas of Conservation (cSAC). Turf cutting for personal domestic purposes may continue as normal on all other bogs in the county next year. The person in question may wish to pursue more detailed enquiries with the local office of my Department's National Parks and Wildlife Service, or Site Designations Unit , National Parks and Wildlife Service or Site Designations Unit, National Parks and Wildlife Service, 7 Ely Place, Dublin 2, tel (01) 8883261, as the information supplied is insufficient to indicate whether he may be affected by the cessation of turf-cutting on specific raised bog sites.

Question No. 1057 answered with Question No. 968.

Local Authority Staff.

John Cregan

Ceist:

1058 Deputy John Cregan asked the Minister for the Environment, Heritage and Local Government the reason clerical officers working for Limerick City Council have been refused career breaks when clerical officers in other local authorities are being granted these breaks; and if he will make a statement on the matter. [31626/09]

Under the special local authority incentive career break scheme 2009, in order to be considered for approval under the scheme, all applicants must firstly satisfy the relevant eligibility criteria.

Subject to the general conditions, the application of the scheme in local authorities is a matter for each County and City Manager. County and City Managers have discretion, for stated business reasons, to grant or refuse a career break. While local authorities are asked to facilitate applications for career breaks as far as possible, the needs of the work may require that some applications will have to be refused. The operation of the career break scheme is subject to the operating requirements of local authorities not being significantly adversely affected.

A local authority may, for stated business reasons, prioritise between applications, having regard to the level of saving achieved by granting certain applications, the location or business area of the person(s) applying, and any other relevant matter. A local authority may also refuse an application for a career break under this scheme: if the applicant has specialist or hard-to-replace skills or competencies; if s/he is in a particular location or business area where high work demands are expected over the term of the career break or where there have been a number of applications for the scheme; if there is a potential conflict of interest between the activity in which the employee proposes to engage or engages in during his/her career break and his/her position in the local authority; the overall size and structure of the office, section or organisation and the challenge of distributing or reallocating the work of the employee; or for other stated business reasons.

Local Authority Funding.

David Stanton

Ceist:

1059 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if he has issued directives to local authorities in respect of changes to the conditions attaching to thatching grants in 2009; the reason for such changes; and if he will make a statement on the matter. [31702/09]

A conservation grants scheme is administered by local authorities with funding from my Department. This scheme is aimed at assisting owners and occupiers to carry out conservation works on structures of architectural significance, including thatched houses, which are listed in the Record of Protected Structures contained in local authority development plans. It is a matter for each local authority to assess and prioritise applications and approve funding.

The operation of the scheme is governed by Circular PD 5/99: Conservation of Architectural Heritage. My Department has made no changes to the conditions applying to this scheme in 2009 apart from bringing forward the closing date for receipt of claims from local authorities to ensure that all such claims may be processed for payment before year end.

Departmental Programmes.

David Stanton

Ceist:

1060 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31711/09]

My Department has not incurred any quantifiable cost in the administration of the cycle-to-work scheme, which has been put in place using existing staff resources. The scheme is being implemented in the Department under a salary sacrifice arrangement through the employee payroll. Under such an arrangement, the employer provides the bicycle and/or safety equipment to the employee who agrees to forego or sacrifice part of his or her salary every pay period over an agreed time-scale in order to cover the cost of the benefit.

The cycle-to-work scheme was introduced under the Finance (No. 2) Act 2008. The purposes of the scheme are to: encourage more employees to cycle to and from work; contribute to lowering carbon emissions; help reduce traffic congestion; help improve health and fitness levels. Thirty-four employees of the Department have availed of the scheme since its inception.

Ministerial Expenses.

George Lee

Ceist:

1061 Deputy George Lee asked the Minister for the Environment, Heritage and Local Government the amount that has been claimed in expenses by each senior and junior Minister in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31946/09]

The information requested is set out in the tables below for the period from 1997-2003 and from 2004-2008. My Department introduced a new financial accounting system in 2004, which facilitates retrieval of information on different claims and expenses. The extraction of information on Ministerial expenses prior to 2004, other than for travel and subsistence, would involve an inordinate amount of time and effort.

No expenses were claimed by Ministers of State Bernard Allen, Máire Hoctor and Áine Brady, whose responsibilities spanned, or span a number of Departments.

Travel and subsistence claimed 1997- 2003

Name

Claim period

Travel and subsistence claimed

Minister Brendan Howlin

January 1997 – June 1997

1,929.63

Minister Noel Dempsey

June 1997 – June 2002

20,052.29

Minister Martin Cullen

June 2002 – December 2003

6,434.88

Minister of State Liz McManus

January 1997 – June 1997

13,541.74

Minister of State Dan Wallace

June 1997 – June 2002

143,020.72

Minister of State Bobby Molloy

June 1997 – June 2002

24,570.98

Minister of State Noel Ahern

June 2002 – June 2007

20,569.98

Minister of State Pat The Cope Gallagher

June 2002 – December 2003

48,755.56

Expenses claimed 2004 to 2008

Travel & Subsistence

Ministerial Representation Allowance

Entertainment

Office/IT/ Phone

Other

Total

Minister Martin Cullen (Jan to Sept 04)

5,299.96

1,375.22

0.00

0.00

0.00

6,675.18

Minister Dick Roche (Sept 04 to June 07)

7,691.65

0.00

0.00

0.00

45.00

7,736.65

Minister John Gormley (June 07 to Dec 08)

4,181.63

0.00

122.75

962.32

0.00

5,266.70

Minister of State Pat The Cope Gallagher (Jan 04 to Sept 04)

35,697.49

2,143.06

675.67

324.83

0.00

38,841.05

Minister of State Noel Ahern (Jan 04 to June 07)

71,898.54

577.38

0.00

0.00

0.00

72,475.92

Minister of State Batt O’Keeffe (Sept 04 to May 08)

202,817.88

1,768.14

362.50

120.83

299.00

205,368.35

Minister of State Tony Killeen (June 07 to May 08)

41,250.81

589.38

235.79

0.00

0.00

42,075.98

Minister of State Michael Kitt (May 08 – Dec 08)

21,266.28

0.00

0.00

0.00

0.00

21,266.28

Minister of State Michael Finneran (May 08 – Dec 08)

26,944.40

0.00

0.00

0.00

0.00

26,944.40

Cross-Border Projects.

John O'Mahony

Ceist:

1062 Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the way the Loughs Agency will regulate Lough Foyle without full responsibility of the leasehold of the seabeds or grounds that encompass Lough Foyle as the Crown Estate has confirmed that they have not signed the lease giving control to the Loughs Agency; the impact upon those persons fishing the lough from a legal viewpoint; and if he will make a statement on the matter. [30139/09]

John O'Mahony

Ceist:

1063 Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the way the Loughs Agency can regulate Lough Foyle without full responsibility of the leasehold of any of the seabeds or grounds that encompass Lough Foyle as the Crown Estate has confirmed that they have not signed the lease giving control to the Loughs Agency; the further way this impacts upon those persons fishing the lough from a legal viewpoint; and if he will make a statement on the matter. [30748/09]

I propose to take Questions Nos. 1062 and 1063 together.

There is as yet no licensing regime for aquaculture currently in operation in Lough Foyle. The Foyle and Carlingford Fisheries Act, 2007 empowered the Loughs Agency to conserve, protect, develop and manage shell fisheries and aquaculture in the Loughs areas, enabling for the first time the introduction of an agreed regulatory aquaculture and shell fisheries regime in Lough Foyle.

The legal issues in relation to foreshore, aquaculture and shellfish licensing in Lough Foyle are being examined by the relevant authorities. It will be necessary, however, for the Loughs Agency to secure foreshore licences for the cross-border foreshore areas in Lough Foyle and Carlingford Lough from the Department of Agriculture and Fisheries and Food and the Crown Estates Commission, which are the bodies responsible for the management of foreshore in both jurisdictions.

This will facilitate the introduction of a structured management system for aquaculture in the Loughs areas with the objective of achieving sustainable development for the social, economic and environmental benefit of the communities that influence, enjoy and depend on its resource. This will provide those involved in aquaculture surety of tenure and a degree of certainty as to future production prospects in relation to their operations in accordance with their licence conditions.

Fisheries Protection.

Brian O'Shea

Ceist:

1064 Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources his plans to permit drift net salmon fishing in 2010; and if he will make a statement on the matter. [30883/09]

Brian O'Shea

Ceist:

1065 Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources if there has been a recovery in the wild salmon stocks on our rivers; and if he will make a statement on the matter. [30884/09]

I propose to take Questions Nos. 1064 and 1065 together.

The primary motivation in aligning the management of the wild salmon fishery with the scientific advice and the introduction of the appropriate regulations to cease mixed stock fishing is the conservation of the wild salmon stocks. It is important to afford every protection to the remaining salmon stocks and to clearly prioritise conservation over catch in order to fulfil obligations under the Habitats Directive.

It is not possible to relax the conservation measures other than where river stocks recover and it is established from the results of the scientific analysis conducted by the Marine Institute in conjunction with the Central Fisheries Board that significant numbers of fish destined for other rivers are not intercepted. It should be possible, in those circumstances, to exploit the identified surplus in rivers, bays and estuaries by all appropriate methods, within the constraints permitted by the Habitats Directive. It is not envisaged that drift netting in the open seas will be licensed in the future.

In regard to the recovery of wild salmon stocks in our rivers, the Standing Scientific Committee's report on the status of Irish Salmon stocks in 2008 and Precautionary Catch Advice for 2009 indicated that increases in returns in 2007 to fish counters and traps, which occurred immediately following the closure of the mixed stock fishery in 2006, were not sustained in all of salmonid rivers. The Marine Institute estimate marine survival from the returns of over 300,000 tagged salmon annually and it is clear that this index is declining due to persistent but as yet unidentified problems at sea. Initial indications from the tag recovery programme for 2009 suggest that marine survival may have in fact declined even further.

During 2009, the number of rivers open for salmon fishing was fifty, a reduction of six compared to 2008. A further thirteen rivers were open for catch and release angling, which was eight less than in 2008. The Standing Scientific Committee's analysis on the performance of the 2009 fishery will be conducted after the closure of the angling season at the end of September. Preliminary catch data for the commercial season has, however, been compiled by the Central Fisheries Board as the season has already ended in all fishery districts. The commercial harvest as a percentage of the river specific quotas available under the Wild Salmon and Sea Trout Tagging Scheme Regulations 2008 (SI 586, 2008) varied from river to river. In some rivers no fish were caught and in only two instances the full quota was caught. Indications are that the overall catch rate at 32% was down by comparison to the catch rate in 2008 at 48%.

Energy Resources.

Mattie McGrath

Ceist:

1066 Deputy Mattie McGrath asked the Minister for Communications, Energy and Natural Resources the agreed procedures between local authorities and the ESB with regard to the supply, erection and maintenance of public lighting; and if he will make a statement on the matter. [30952/09]

I have no direct function in the operational matters to which the Deputy refers. However, in order to be of assistance to the Deputy, I can provide the following information.

Responsibility for the regulation of the electricity supply market lies with the Commission for Energy Regulation (CER), which is an independent statutory body. The electricity supply market has been fully opened to competition since February 2005. I am advised that there are a number of companies, including ESB Customer Supply, supplying electricity to local authorities for public lighting.

Responsibility for the provision and maintenance of public lighting infrastructure resides with the local authorities and not with the ESB. ESB Contracts, an unregulated division of ESB, provides a service to the local authorities to install and maintain public lighting. The service generally covers the maintenance and provision of public lighting systems and equipment within the local authority area. I understand that the provision of these services is open to competition and that there are contractors other than ESB Contracts already in the market. Occasionally, this work is also undertaken by local authority staff.

I can also confirm that following a strategic review of its public lighting business, ESB has decided to tender for a new owner for the business. A formal commercial process is currently underway in this regard. My Department, the Department of the Environment, Heritage and Local Government, the County and City Managers' Association (CCMA) and the ESB are working very closely together to ensure all appropriate structures are in place to facilitate a smooth transition period and to ensure that local authorities are geared up for the further development of full competition in the public lighting market, in due course.

Fishing Industry Development.

Liz McManus

Ceist:

1067 Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the recipients of the buy-out of licences as per the 29 January 2008 Bord Iascaigh Mhara report to the National Salmon Commission on the salmon hardship scheme; and if he will make a statement on the matter. [30143/09]

I understand the Deputy is referring to the Salmon Hardship Scheme administered by Bord Iascaigh Mhara on behalf of the Department and by the Loughs Agency in respect of the Foyle area. The scheme was launched in March 2007 and a total of 1,171 applicants have availed of the scheme and have received full or part payment to date.

Final payments due to beneficiaries who chose to spread their entitlement over three years according to the terms of the scheme will be made in early 2010.

Telecommunications Services.

Pádraic McCormack

Ceist:

1068 Deputy Pádraic McCormack asked the Minister for Communications, Energy and Natural Resources the position regarding the lack of broadband services by a company (details supplied) or other service providers to provide a broadband network in the townlands between Rosscahill and Moycullen, County Galway; and if he will make a statement on the matter. [30180/09]

Broadband services are provided by private service providers over various platforms including DSL (i.e. over the telephone lines), fixed wireless, mobile, cable, satellite and fibre. I have no function in relation to the provision of broadband services by private sector providers.

Details of broadband availability from service providers, together with the availability of broadband services in specific areas, including the general area of Rosscahill and Moycullen County Galway area are available at www.broadband.gov.ie.

Offshore Exploration.

Paul Nicholas Gogarty

Ceist:

1069 Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources the beneficial changes he has made to the revenue stream which will accrue from future oil and gas exploration licences as a result of his increasing the State’s take in such circumstances; and the way this compares favourably with other European countries, particularly those whose oil fields are in the Atlantic Ocean. [30199/09]

Paul Nicholas Gogarty

Ceist:

1070 Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources if he will explain the rationale for abandoning the royalties route regarding gaining State revenue for gas and oil exploration; the way this compares with international best practice among countries with potential Atlantic-based oil and gas resources; and if he will make a statement on the matter. [30200/09]

Paul Nicholas Gogarty

Ceist:

1071 Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources the factors which are assessed in coming to a balance in terms of protecting and benefiting from resources here, while at the same time leveraging international expertise of a commercial nature to extract such resources in a way that will benefit the State in favourable terms compared with other Atlantic European nations; and if he will make a statement on the matter. [30201/09]

Paul Nicholas Gogarty

Ceist:

1072 Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources the rationale for not setting up, through investment, a State-owned and run infrastructure for gas and oil exploration, such as that which exists in Norway and the UK; and if he will make a statement on the matter. [30202/09]

I propose to take Question Nos. 1069 to 1072, inclusive, together.

Ireland needs to reduce its dependence on imported energy and that objective can only be realised through successful development of indigenous energy resources, including our indigenous hydrocarbon resources. My Department is actively engaged in promoting opportunities for exploration for oil and gas offshore Ireland with the aim of attracting an increased share of mobile international exploration investment to Ireland.

The terms offered to companies exploring for oil and gas offshore Ireland have been carefully balanced to attract those willing to invest money in high-risk exploration while still giving the State a fair share of profits where a commercial discovery is made.

New terms, which apply to all exploration licences awarded after the beginning of 2007, were put into effect in the 2008 Finance Act. They build on the 25% tax rate applicable to licences issued before 2007, to include an additional tax which is payable at rates of up to 15%; so total taxes payable will be 25-40% of profits, depending on the ratio of profit to the cost of bringing the field to production.

In 1987, Ireland followed the lead of other countries such as the UK and Norway in moving away from a royalty based payments system to a tax based system. Under a tax based system the return to the State is linked directly to the profitability of the oil or gas field. Under a royalty system payments are linked to the volume of production and take no account of differences in development cost or actual profitability.

When comparing Ireland's fiscal terms with those of our near neighbours it is important to have regard to the relative exploration success records. Countries such as France, Portugal and Spain have success records somewhat similar to Ireland, whereas the UK and Norway have had very significantly higher rates of success.

For example, since 1970, 128 exploration wells and 28 appraisal wells have been drilled offshore Ireland and 4 commercial discoveries have been made. While in the UK by the end of 2007, 2314 exploration wells and 1604 appraisal wells had been drilled and 370 commercial discoveries have been declared to date.

France applies a tax rate of 34.4% with no royalty payable; Portugal has a tax rate of 27.5% with no royalty except on oil production in shallow water and Spain imposes a tax rate of 30% with no royalty. As in Ireland, none of these countries' governments take a share of exploration or development projects.

Countries such as the UK and Norway, that have experienced a much higher rate of successful exploration, can of course seek a higher return and still attract exploration investment. The UK has a tax rate of 50% on oil and gas production and in Norway the tax rate is between 28% and 78%.

Neither country requires royalty payments. While the Norwegian government participates in exploration and production, it pays its full share of all costs and also pays the oil companies at least 28% of their exploration costs when exploration wells are unsuccessful.

Under the existing regulatory framework exploration costs are borne entirely by the licence holders. State participation in exploration would mean that the Irish taxpayer would have to pay the cost of unsuccessful exploration wells.

This would, in my view, place an unreasonable burden on the Exchequer as a single deepwater well in the Atlantic can cost in the region of €100 million. On that basis I consider that it is the industry and not the State that should continue to take the risk associated with investment in exploration for oil and gas.

Alternative Energy Projects.

Paul Nicholas Gogarty

Ceist:

1073 Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources if he will clarify, contrary to the situation that exists regarding oil and gas exploration, that the State can and will become a major stakeholder in creating the infrastructure and directly recouping the rewards of a large investment in wind and wave research and related manufacturing; if his attention has been drawn to the fact that the jobs potential for companies here, State owned and otherwise, to manufacture turbines and service the infrastructure; if he will make the investment through borrowing, issuing bonds and so on that will be required to enable self-sufficiency through renewable energy sources, making Ireland a net energy exporter and immune from the direct resource consequences of peak oil and gas; and if he will make a statement on the matter. [30203/09]

As the Deputy will be aware, the Government's priority commitment to Renewable Energy is leveraging Ireland's very significant renewable energy potential to ensure the best possible outcome for the economy and the environment. This means ensuring access to reliable supplies of energy at reasonable cost, while at the same time delivering radical improvements in the sustainability of energy use. The Deputy is also correct in asserting that there are a range of enterprise and employment benefits that spin off from this. The Government is taking a wide ranging approach to this, supporting basic and applied research in areas where we have a natural competitive advantage and adopting a set of supports to industry to ensure that we can deliver projects of sufficient scale.

The general research areas include long standing programmes like the Renewable Energy Research Development and Demonstration programmes run by Sustainable Energy Ireland (SEI), and the Charles Parsons Scheme of Energy Research which is administered by Science Foundation Ireland.

The applied research area includes programmes like the Microgeneration Pilot Programme, the House of Tomorrow Programme and the Renewable Transport Programme.

The Government is giving high priority to supporting the development of Ireland's ocean energy potential. Not only will ocean energy contribute to Ireland's renewable energy targets, it has considerable potential for inward investment and enterprise activity in support of economic renewal. The ocean energy package launched last year is designed to ensure Ireland is fully positioned to harness the rich potential of the technology. Delivery entails close cooperation between Departments, agencies and the industry to deliver on the roadmap, which will transform ocean energy into a commercially viable industry.

The dedicated Ocean Energy Development Unit (OEDU) was established last year. The Ocean Energy Unit launched the industry prototype development fund towards the end of 2008, and has also undertaken a detailed assessment process to identify the most suitable wave energy test site with a grid connection to the electricity network. The development partnership will now develop a grid connected site off Annagh, County Mayo. This facility will test operational pre-commercial wave energy devices directly connected to the electricity network.

The Government has also put in place a set of supports, ranging from capital supports for certain type of renewable energy technology, across the industrial, institutional and industrial sectors. These include the REFIT Scheme, a fixed feed in tariff system, which is leveraging investment in renewable electricity capacity, which is critical to Ireland delivering our targets under the Renewable Energy Directive.

In addition the Commercial State Energy Companies, ESB, BGE and Bord na Móna have indicated strong commitment to investment in renewable energy consistent with their commercial mandate. This commitment has already led to investment in various renewable energy projects.

I am committed to ensuring that we maintain momentum on all fronts. The work now under way will reap rich dividends for Ireland if we succeed in building the critical mass of knowledge skills and capability to test and develop the technology and systematically address the short to medium-term challenges.

Electricity Transmission System.

Thomas Byrne

Ceist:

1074 Deputy Thomas Byrne asked the Minister for Communications, Energy and Natural Resources if he has received a copy of the TEPCO report, produced for EirGrid; and if he proposes to lay a copy of this report or a report similarly named, before the Houses of the Oireachtas. [30277/09]

EirGrid has commissioned a report by TEPCO (Tokyo Electric Power Company) to examine technical issues associated with integrating underground high voltage cables with the Irish electricity transmission system. This work is additional to the report by PB Power which EirGrid published earlier this year, and which examined structural and cost issues associated with high voltage, long distance transmission infrastructure.

I understand that the TEPCO report is currently being finalised. EirGrid expect that the report will be completed and published within the next two months and I can confirm that it will be made available to Members of the Oireachtas.

Natural Gas Grid.

Tom Hayes

Ceist:

1075 Deputy Tom Hayes asked the Minister for Communications, Energy and Natural Resources if he will clarify the plans for connection to gas for a town (details supplied) in County Tipperary; and if he will make a statement on the matter. [30473/09]

The development and expansion of the natural gas network is in the first instance a commercial matter for Bord Gáis Éireann (BGE), which is mandated under Section 8 of the Gas Act, 1976, as amended, to develop and maintain a system for the supply of natural gas that is both economical and efficient.

The Commission for Energy Regulation (CER), which is a statutory, independent body, has, since 2002, been charged with all aspects of the assessment and licensing of prospective operators who wish to develop and/or operate a gas distribution system within the State under the Gas (Interim)(Regulation) Act, 2002. I therefore have no direct statutory function in relation to the connection of towns to the gas network.

I am advised however that Gaslink, the Gas System Transmission Operator (a subsidiary of Bord Gáis Éireann), in conjunction with Bord Gáis Networks has submitted its report to the CER on the Phase 3 assessment of towns not already connected to the natural gas network. Tipperary town is included in a total of 42 towns examined as part of Phase 3 of this assessment. The CER is currently examining the report which will be published by BGÉ shortly [and will indicate the overall CER assessment, including in relation to Tipperary town].

Telecommunications Services.

Damien English

Ceist:

1076 Deputy Damien English asked the Minister for Communications, Energy and Natural Resources the position regarding the delivery of broadband under the national broadband scheme for an area (details supplied) in County Meath; when he expects broadband will be available in this locality; and if he will make a statement on the matter. [30772/09]

My Department has entered into a contract with "3", a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 is required to provide services to all residences and businesses that are within the NBS area and who seek a service.

The Company is progressing its network roll-out and services have gone live in a number of areas. The entire NBS area must be covered by September 2010.

The general area of Dunderry, Navan, County Meath, will be covered by the NBS. The current service status of each NBS area is available at www.three.ie/nbs.

Postal Services.

Terence Flanagan

Ceist:

1077 Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will respond to a communication (details supplied); and if he will make a statement on the matter. [30811/09]

Following on from a second commissioned report on the wider benefits of postcodes, the Government recently agreed in principle to their introduction and I will be making a decision shortly on their implementation.

Alternative Energy Projects.

Simon Coveney

Ceist:

1078 Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the progress that has been made in the commercialisation of ocean energy technology since the establishment of a dedicated ocean energy fund in Sustainable Energy Ireland; when he expects full-scale prototypes to be connected to the grid; his views on the progress made in recent years when compared with other economic competitors in developing this technology and industry; and if he will make a statement on the matter. [30849/09]

Ireland's Ocean Energy Strategy is being overseen and implemented by the Ocean Energy Development Unit in Sustainable Energy Ireland (SEI) working in partnership with all key players. Ocean energy technologies are still in the research and development phase globally. Work towards the commercialisation of ocean energy technology continues in Ireland and abroad.

A key priority under the ocean energy strategy is to increase the research and design capabilities in ocean energy in Ireland. The wave-tank facility at the Hydraulics and Maritime Research Centre (HMRC) University College Cork is Ireland's centre of excellence in ocean energy research, modelling and technical support for early stage device developers.

The Government's ocean energy strategy includes a programme of grant support to companies developing full scale prototypes and the development of a test site for full scale electricity generation off County Mayo. The prototype fund administered by the Ocean Energy Development Unit of SEI has provided financial support this year to more than 7 companies to date. While the inherent challenges of ocean energy and the nature of this frontier technology are complex the growing interest and involvement of large engineering companies and utilities in Ireland and globally indicate the accelerating pace of development.

The Ocean Energy Development Unit is continuing work on the establishment of the grid connected wave energy test facility off County Mayo. The Ocean Energy Development Unit also liaises closely with Northern Ireland colleagues on a number of initiatives, designed to deliver the benefits of ocean energy development for the economy of the island as a whole. A tidal device is already connected to the Northern Irish grid at Strangford Lough.

In view of the need to maximise the potential economic benefits associated with this developing technology, the Ocean Energy Development Unit's advisory group is working to achieve a maximum level of co-ordination between the various state bodies involved in the objectives of the ocean energy programme. The development and implementation of a new offshore renewable energy planning regime is also a key priority both for the Minister for the Environment, Heritage and Local Government and myself.

Natural Gas Grid.

Noel Ahern

Ceist:

1079 Deputy Noel Ahern asked the Minister for Communications, Energy and Natural Resources the position of the proposed liquid gas plant (details supplied) in north Kerry. [31024/09]

Shannon LNG received planning permission in 2008 for their proposed merchant development of a liquefied natural gas (LNG) re-gasification facility near Ballylongford in Co. Kerry. Shannon LNG has applied for the requisite foreshore licence, which is being processed by the Department of Agriculture, Fisheries and Food and the necessary consent for construction of a gas pipeline between the LNG terminal and the Irish gas transmission system, which is being considered by the Commission for Energy Regulation (CER). I understand that the CER decision is expected within the next month.

Subject to receipt of the necessary consents the timescale for progressing the project is a matter for the Company. The Gas Capacity Statement published by the CER in July of this year, notes that Shannon LNG has indicated that subject to final corporate decisions on proceeding with the investment, the proposed facility would be developed on a phased basis with Phase 1 operational by 2013/2014.

Semi-State Sector Remuneration.

Noel Ahern

Ceist:

1080 Deputy Noel Ahern asked the Minister for Communications, Energy and Natural Resources if an equity shareholding has been given to ESB employees; if so, the details of same; if it applies to all employees including pensioners; if given free or of nominal part of pay or productivity; if this is the first State or semi-State body in which this happened without the company being privatised in total or part; the way it was justified; and if the terms of the deal will be outlined. [31025/09]

An Employee Share Ownership Plan (ESOP) has been in place in the ESB since 2001. The ESOP was an element of the Cost and Competitiveness Review (CCR) agreed between the Government and ESB Management and ESB Group of Unions in 1996. Under the CCR, 5% of the shares in ESB were made available to employees, without actual cash transfer from the employees in return for specific, substantial, verifiable, future changes to be delivered. The 2001 Electricity Act, which allowed ESB to create capital stock for ESOP purposes, provided the legislative basis for the ESB ESOP.

The terms of the ESB ESOP are in line with Government policy and Revenue rules on Employee Share Ownership Plans, which also applies to ESOPs in other semi-state companies including, for example, Bord Gáis.

Eligibility for participation in the ESOP is a matter for the ESB Board and the ESB Group of Unions and is established in accordance with the terms of the ESB ESOP trust deeds, the terms of which meet the requirements of the Taxes Consolidation Act 1997.

As required under Revenue rules, the ESB ESOP was open to all employees of the ESB Group (ESB or any wholly owned Irish resident subsidiary company of ESB), provided those employees had completed 12 months continuous service with the ESB Group on relevant dates from 6 April 1997 to 31 December 2002. Former employees of the ESB Group who were in service on 1 January 1998 and who met the qualifying criteria but had ceased employment with the ESB Group at the time the ESB ESOP was established were also eligible to participate.

Employees who participated in the ESOP but have subsequently retired or left the Group may still be participating in the scheme but are required to sell their shares on the third anniversary of the later of, the date of leaving the Group or the date of appropriation of those shares. The appropriation of the shares has yet to take place and is a matter for the ESOP trust.

Departmental Staff.

Niall Collins

Ceist:

1081 Deputy Niall Collins asked the Minister for Communications, Energy and Natural Resources if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31223/09]

Two Civil Servants from my Department act on the Boards of Agencies under the remit of the Department. One official is on the board of both the Irish National Petroleum Corporation and the National Oil Reserves Agency. Another official is on the board of Sustainable Energy Ireland

The two Civil Servants in question do not receive remuneration or fees in respect of their membership, nor have they claimed expenses from the agencies concerned. No Civil Servant from the Department acts on the Boards of any of the other 22 Agencies under the aegis of my Department.

Alternative Energy Projects.

Denis Naughten

Ceist:

1082 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the REFIT tariff rate for electricity; if this figure has been approved by the EU Commission; when it will become effective and period involved; and if he will make a statement on the matter. [31340/09]

On 25 September 2007 the European Commission gave state aid approval relating to the first Renewable Energy feed-in Tariff (REFIT) scheme which provides support for renewable energy sourced electricity.

Section 5 of the Terms and Conditions document relating to the first REFIT scheme (available on the Department's website:

http://www.dcenr.gov.ie/Energy/Sustainable+and+Renewable+Energy+Division/) sets out the conditions for REFIT payments to suppliers — Reference prices, adjustments to reference prices and calculation of reimbursements. Section 6 of the Terms and Conditions document sets out details concerning procedural matters relating to applications, delivery of documents, allocation of the limited support, selection process, withdrawal of applications and closure of REFIT reserve list/s.

For the first REFIT scheme, the reference prices listed in section 5.1 of the Terms and Conditions document are (i) Large scale wind category — 5.7 eurocent per kWh (ii) Small scale wind — 5.9 eurocent per kWh (iii) Hydro — 7.2 eurocent per kWh (iv) Biomass landfill gas — 7 eurocent per kWh (v) other biomass — 7.2 eurocent per kWh. It is noted in the introduction of the terms and conditions that support for any particular project cannot exceed 15 years and may not extend beyond 2024.

The proposed terms and conditions relating to a second renewable energy feed-in tariff scheme for the construction of renewable energy powered electricity in additional categories (anaerobic digestion, high efficiency (HE) Combined Heat and Power (CHP), ocean energy [wave and tidal] and offshore wind) were published on 9th September 2009.

Section 5 of the terms and conditions document for the second REFIT scheme sets out the planned conditions for REFIT payments to suppliers — Reference prices and calculation of reimbursements. Section 6 details procedural matters including applications, delivery of documents, allocation of the limited support, selection process, withdrawal of applications and closure of REFIT reserve list/s.

The planned Terms and Conditions of the second REFIT scheme are subject to state aids clearance which has yet to be obtained from the European Commission.

For the second REFIT scheme, the reference prices listed under 5.1 of the planned terms and conditions are (i) Anaerobic digestion — 12 eurocent per kWh (ii) HE CHP — 12 eurocent per kWh when the plant is operating in HE CHP mode. (iii) Ocean energy — 22 eurocent per kWh (iv) Offshore wind — 14 eurocent per kWh.

It is noted in 1.3 of the introduction to the second REFIT scheme planned terms and conditions that support for any particular project cannot exceed 15 years and may not extend beyond 2030.

Denis Naughten

Ceist:

1083 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the steps he is taking to support renewable energy projects on farms; the grant aid or supports provided to date for such projects; and if he will make a statement on the matter. [31344/09]

Denis Naughten

Ceist:

1084 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 170 of 18 June 2009, the funding to date allocated to anaerobic digestion; and if he will make a statement on the matter. [31347/09]

I propose to take Questions Nos. 1083 and 1084 together.

There is a range of renewable energy support measures in place, including a number that may prove particularly suitable to farmers or those living in rural areas.

In the first instance, there are measures in place to support the generation of electricity on a micro scale as I announced earlier in the year. These measures include a guaranteed price of 19 cent per kilowatt hour of electricity produced. This competitive feed-in tariff will apply to the first 4,000 micro-generation installations countrywide over the next three years. Access to the feed-in tariff will also include the provision of a smart-meter to facilitate exports to the grid and encourage those customers to examine their electricity use generally. Eligible installations include small scale wind, photovoltaic, hydro and micro combined heat and power. While there is an upper limit on the size of eligible units, this type of technology would still prove worthwhile for farmers, if only for their own residences.

The initiation of a pilot trial by Sustainable Energy Ireland (SEI) of micro and small-scale generation technologies is designed to investigate and test technical, market and regulatory issues associated with the deployment of micro-generation technologies including installation, network connection and operation, and generation. Grant aid for up to 50 pilot installations, will be provided as part of the programme. The experience gained in the performance of this programme will inform the roll-out of any subsequent wider micro-scale programme. SEI has completed the selection process for those pilot installations, and is in the process of issuing the first phase of payments.

Opportunities also exist in the areas of Biomass production and Anaerobic Digestion (AD). Leaving aside the market development effects of programmes like Greener Homes and the Renewable Heat Deployment Programme (Reheat), both of which have acted to stimulate the market for biomass, a number of other capital support programmes are also in place. SEI's Combined Heat and Power (CHP) grants programme launched in August 2006, assists the deployment of small-scale fossil-fired and biomass CHP systems in industrial, commercial, service and public sectors, and the new Biomass CHP Programme, launched in January 2008, provides grant aid for Biomass and Anaerobic Digestion (AD) CHP. Anaerobic Digestion, in particular, offers a real opportunity for farmers to use animal waste to generate electricity, while also reducing the environmental impact of that waste when spread on the land. Refit tariffs have also been announced for biomass and AD CHP.

The allocation for the Biomass/AD CHP programme was €2m in 2008 and €2.74m in 2009, with €2m spent in 2008. To date, just over €1m has been paid out on Biomass CHP projects. There have been no funds formally committed for capital investment on AD projects to date, however 5 capital projects are currently under evaluation, to a total grant level of €2.35m. A total of €95,000 has been committed for AD feasibility studies, and €32,200 has been paid.

Telecommunications Services.

Caoimhghín Ó Caoláin

Ceist:

1085 Deputy Caoimhghín Ó Caoláin asked the Minister for Communications, Energy and Natural Resources when the roll-out of the national broadband scheme will be available to the residents of the Brinlack lower and Bunaninver areas of Gaoth Dobhair, County Donegal; the timeframe for the availability of broadband in this area; and if he will make a statement on the matter. [31538/09]

My Department has entered into a contract with "3", a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 is required to provide services to all residences and businesses that are within the NBS area and who seek a service.

The Company is progressing its network roll-out and services have gone live in a number of areas. The entire NBS area must be covered by September 2010.

The Bunaninver and Brinlack area of County Donegal will be covered by the NBS. The current service status of each NBS area is available at www.three.ie/nbs.

Departmental Expenditure.

Damien English

Ceist:

1086 Deputy Damien English asked the Minister for Communications, Energy and Natural Resources the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31572/09]

In the time available, it has not been possible to identify and assemble relevant records within my Department.

Officials within my Department are in the process of identifying and assembling the information and I will revert to the Deputy as soon as possible.

Telecommunications Services.

Frank Feighan

Ceist:

1087 Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources the position regarding the provision of broadband to the Carrigallen area, in County Leitrim; and when same will be fully available in this area. [31664/09]

My Department has entered into a contract with "3", a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 is required to provide services to all residences and businesses that are within the NBS area and who seek a service. The Company is progressing its network roll-out and services have gone live in a number of areas. The entire NBS area must be covered by September 2010. The general area of Carrigallen, County Leitrim will be covered by the NBS. The current service status of each NBS area is available at www.three.ie/nbs.

Departmental Programmes.

David Stanton

Ceist:

1088 Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31706/09]

There is no discernible cost to this Department's Vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. Minor costs are incurred by the Department in processing forms and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the tax relief inherent in the scheme. The total amount sanctioned to date by way of cycle purchases for staff of this Department is €6,197.24.

Ministerial Expenses.

George Lee

Ceist:

1089 Deputy George Lee asked the Minister for Communications, Energy and Natural Resources the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31941/09]

The expenses paid by my Department to my Ministers of State and me since the establishment of the Department in June 2007 are detailed in the table below:

Name

Period

Travel and Subsistence Expenses

Minister Ryan

14th June 2007 to 31st December 2008

3,739

Minister of State Killeen

21st June 2007 to 6th May 2008

4,346

Minister of State Power

13th May 2008 to 31st December 2008

18,534

All the above expenses were paid in respect of duties carried out in an official capacity.

Harbour Authorities.

Pádraic McCormack

Ceist:

1090 Deputy Pádraic McCormack asked the Minister for Agriculture, Fisheries and Food the amount of harbour dues which are owed from late 2003 to date in 2009; the grant moneys which have been paid for the same period; if there have been prosecutions of non-payment of dues; and if he will make a statement on the matter. [30157/09]

I understand that the Deputy's question relates to Ros an Mhíl, Fisheries Harbour Centre, Co. Galway. The total amount of harbour dues owed for Ros an Mhíl Fishery Harbour Centre from late 2003 to date is €1,106,855. In line with legal advice I cannot comment on any individual case. There has been no prosecution, to date, for the non-payment harbour dues for the period in question.

My Department owns Ros an Mhíl Fishery Harbour Centre and is responsible for its maintenance, development and management. Any necessary works are carried out directly by my Department rather than by way of grant aid. The Department of Community, Rural and Gaeltacht Affairs subsidises the operation of ferry services from Ros an Mhíl Fishery Harbour Centre to the Aran Islands. Any question in relation to these subsidies should be addressed to my colleague Minister Éamon Ó Cuív at the Department of Community, Rural and Gaeltacht Affairs.

Harbours and Piers.

Pat Breen

Ceist:

1091 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 154 of 4 March 2009, the status of a project (details supplied) in County Clare; and if he will make a statement on the matter. [30860/09]

The pier at Doonbeg is the property of Clare County Council and responsibility for its repair and upkeep rests with the Local Authority in the first instance. In 2008, funding of €525,000 was allocated by my Department for development works at Doonbeg, Co. Clare. However, this project did not progress in 2008 as the necessary statutory permissions were not in place. My Department did, however, receive an application from Clare County Council for funding under the 2009 Fishery Harbours and Coastal Infrastructure Development Programme for improvements at the pier.

This programme has now been finalised and all requests for funding were considered in the context of available Exchequer funding and overall national priorities. Unfortunately, given available Exchequer resources it was not possible to fund any local authority managed projects in 2009 and therefore, the request for funding in respect of the pier at Doonbeg was not successful.

Grant Payments.

Denis Naughten

Ceist:

1092 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Roscommon will receive their REP scheme four payment; the reason for the delay; and if he will make a statement on the matter. [30933/09]

REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications, including plan checks, to be completed before the first payments issue. Processing of applications has commenced to facilitate to release of payments at the earliest possible date

Harbours and Piers.

John Deasy

Ceist:

1093 Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the status of the project for the redevelopment of Dunmore East Harbour, County Waterford, which is expected to cost more than €50 million; the amount of funding for this project under the 2009 harbours programme; the planned commencement and completion dates for the project; and if he will make a statement on the matter. [30097/09]

The following funding is being provided for works at Dunmore East Fishery Harbour Centre as part of my Department's 2009 Fishery Harbour and Coastal Infrastructure Development Programme.

Funding

Safety and Maintenance

297,000

Disability Access

15,000

Harbour sedimentation/dredging study

7,000

Repairs to the East Pier — Phase II

262,000

Upgrading of slipway and access to the West Wharf

88,000

Future investment at Dunmore East Fishery Harbour Centre will be considered each year in the context of available exchequer funding and overall national priorities.

Foreshore Licences.

John Deasy

Ceist:

1094 Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the number of applications for foreshore licences which are pending in County Waterford; the status of each of these applications; when the licences will issue; and if he will make a statement on the matter. [30098/09]

At present there are 16 foreshore licence applications pending in relation to County Waterford.

Waterford City Main drainage Scheme (One foreshore application). My Department is in correspondence with the City Council regarding draft specific conditions.

Outfalls for the Dungarvan Storm Water Relief Scheme (Two foreshore applications). The applications in respect of this scheme are on hold pending clarification by the local authority on its intentions in relation to this scheme

Dungarvan Main Drainage Scheme (One foreshore application). The license conditions (including role of the Environmental Protection Agency regarding effluent quality) are being considered within my Department.

Outfalls from Surface Water/Storm Water Collection Systems and Waste Water Treatment Plants at Ardmore, Cappoquin and Stradbally (6 Foreshore applications). Amendments to the draft specific conditions have been requested by the local authority and these are being considered by my Department. My Department has requested an amended application in respect of the Ardmore outfall and the local authority is examining this matter.

Outfalls from Surface Water/Storm Water Collection System and Waste Water Treatment Plant at Dunmore East (Two foreshore applications). The draft specific conditions for these cases have been finalized and agreed by the local authority and a submission for Ministerial approval of the foreshore licences is at draft stage.

Site Investigation at Dungarvan Harbour (One foreshore application). The applicant (Dungarvan Town Council) has been informed that the application may proceed to public consultation stage.

Application to extract sea water at Helvick Head pier (One foreshore application). The application has been circulated to the Department's consultees and responses are awaited.

Application for two storm water outfall at Abbeyside Dungarvan (One foreshore application). The application has been circulated to the Department's consultees and responses are awaited.

Application for floating pontoon and site works at Glencove, Cove Lane (One foreshore application). Ministerial approval has been granted in respect of this application and a licence is being drafted by the Chief State Solicitor's office.

Departmental Correspondence.

Martin Ferris

Ceist:

1095 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if he will make available the report sent to him by the Sea Fisheries Protection Authority in 2008 regarding illegal fishing. [30179/09]

The 2007 Sea Fisheries Protection Authority (SFPA) Annual Report was forwarded by the SFPA to my office in 2008 and a copy of this will be forwarded to the Deputy. It is also available on the SFPA website on www.SFPA.ie.

Grant Payments.

James Bannon

Ceist:

1096 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the reason for the delay in the processing of the 2000 area aid application of a person (details supplied) in County Westmeath; if he will assure this Deputy that all outstanding matters pertaining to this person have been satisfactorily concluded; and if he will make a statement on the matter. [30228/09]

The matter of the application of the person named under the 2000 Area Aid Scheme has been fully investigated by my Department, subsequently by the Agriculture Appeals Office and thereafter by the Office of the Ombudsman. All issues raised by the person named have been fully addressed; specifically, the issues raised by the person named with the Office of the Ombudsman concerned a number of business areas of my Department and events during the period 2000, 2001, 2002, 2003 and 2004. Each of the specific points raised were fully and comprehensively addressed by my Department. In concluding its examination of the case, the Office of the Ombudsman indicated appreciation for the co-operation of the officials of my Department who assisted with its investigation, indicating that the Ombudsman ‘regards the case as closed' i.e. that the matters at question had been appropriately dealt with by my Department.

Animal Diseases.

George Lee

Ceist:

1097 Deputy George Lee asked the Minister for Agriculture, Fisheries and Food his plans to amend the legislation to allow farmers to have the right to appeal disputed tuberculosis test results; and if he will make a statement on the matter. [30316/09]

The performance of and the interpretation of the results of a TB test is governed by Council Directive 64/432 EEC. The programme for the eradication of Bovine TB in Ireland is conducted under the Bovine Tuberculosis (Attestation of the State and general provisions) Order 1989. Both sets of legislation provide for the use of the intradermal tuberculin comparative test, known as the TB skin test, as the test to determine that an animal is infected with tuberculosis. This test, routinely used in the Bovine TB eradication programme in Ireland, is the most accurate diagnostic tool available. The Department veterinary inspector interprets the test result and determines if an animal is ultimately a tuberculin test reactor. Nevertheless, in circumstances where the result of a TB test is queried, my Department undertakes an investigation to ascertain that the test was in fact conducted correctly and that the reactions in the animal(s) conform to the normal response to the injection of tuberculin. Where nothing to substantiate the questions raised in relation to the test result is detected, the result remains unchanged. There are currently no plans in place to amend this legislation to allow farmers to introduce a formal appeal process in relation to disputed tuberculosis test results.

Aquaculture Licences.

Ruairí Quinn

Ceist:

1098 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food the steps he is taking to recover unpaid annual aquaculture licence fees from a company (details supplied) in County Galway prior to the restocking of the salmon pens in autumn 2009; his views on whether pursuing unpaid licence fees would be a wise course of action in view of the deficit in the public finances; and if he will make a statement on the matter. [30379/09]

My Department's records indicate that the aquaculture licence fees payable by this company are in arrears despite the issue of regular invoices.

The issue of arrears of fees is currently under active examination by my Department as part of a general review of licence terms and conditions.

This review is examining the issue of outstanding fees in the context of the viability of licences and any grant aid to the sector.

Grant Payments.

Tom Hayes

Ceist:

1099 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when payment will issue to a person (details supplied) in County Tipperary under the single farm payment scheme. [30467/09]

The application under the 2008 Single Payment Scheme submitted by the person named included a commonage parcel. However, as the claims submitted by applicants in respect of this commonage under the 2008 Single Payment Scheme exceed the area of the commonage that is eligible for payment, payments to all applicants concerned, including the person named, have been withheld, pending a resolution of the issue. Given that the parties concerned have not yet reached agreement with regard to the commonage parcel in question, it has been decided, as an exceptional measure, to process each of the applications for payment, less the area of the over-claimed commonage parcel declared by each applicant. Should agreement subsequently be reached between the parties as to their share of the commonage parcel, supplementary payments will issue, where appropriate.

Animal Movement Permits.

Joe Carey

Ceist:

1100 Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food if he will amend the practice whereby faxed or e-mailed movement permits from the district veterinary office for animals in restricted herds are deemed unacceptable; and if he will make a statement on the matter. [30470/09]

Under Article 19(1)(a)(ii) of the Bovine Tuberculosis Order 1989, an animal cannot be moved out of a restricted herd into a premises on which it is intended to be slaughtered unless at the time of its entry it is accompanied by a movement permit. Movement permits are issued at the discretion of a Veterinary Inspector or an Authorised Officer. The current arrangements are such that these permits cannot be authorised electronically. I should point out, however, that the permits can be posted out to herd-owners. The Department is at present examining the practicalities involved in issuing movement permits electronically, taking account of legal considerations, including verification of permits.

Departmental Offices.

Pat Breen

Ceist:

1101 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the position regarding the local office in Ennis, County Clare; his plans for this office; if he will review his decision to close this office; and if he will make a statement on the matter. [30492/09]

On 15 July, the Government approved my plan for a reorganisation of my Department's Local Office Network. The plan involves reducing, from 57 to 16, the number of offices from which the Department will operate District Veterinary, Forestry and Agricultural Environment and Structures support services in the future. This will result in a reduction of some 400 in the number of staff working in my Department. While this will yield significant savings for the exchequer, no staff will be made redundant.

As part of the process, the Ennis District Veterinary Office including the Agricultural Environment and Structures Office and the Forest Service Office will be vacated and all services will be provided for the counties Clare and Limerick from a regional centre in Limerick.

The Department is currently in discussion with other departments in relation to the redeployment of staff and transfer of buildings.

Grant Payments.

Ned O'Keeffe

Ceist:

1102 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food the position regarding a payment in respect of a person (details supplied) in County Cork. [30558/09]

REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications, including plan checks, to be completed before the first payments issue.

Processing of applications has commenced to facilitate to release of payments at the earliest possible date.

Lobster Fisheries.

Brian O'Shea

Ceist:

1103 Deputy Brian O’Shea asked the Minister for Agriculture, Fisheries and Food his proposals in regard to a managed lobster fishery and a closed season to allow lobster stocks to recover; and if he will make a statement on the matter. [30587/09]

A consultation document entitled "Managing Access to the Irish Lobster Fishery" was launched in 2008. The document was the outcome of a lengthy engagement with industry through the Lobster Species Advisory Group and the Seafood Strategy Implementation Group. The focus of the document was on managing access as the essential cornerstone of a management plan for a sustainable lobster fishery. A 12-week consultation period was undertaken with all stakeholders. 70 written submissions were received. Following this, the Department and BIM engaged in further consultation with the Lobster Species Advisory Group and amendments have been made to the consultation document as a result of this further round of consultation. Detailed discussions are now underway regarding the implementation of the arrangements.

The "Managing Access to the Irish Lobster Fishery" document is concerned with putting in place an agreed national framework which provides for management of local lobster fisheries at local level. Matters such as a "closed season" for lobsters would be a matter to be agreed by the Local Advisory Committee in the first instance and then submitted to the national Lobster Species Advisory Group.

Grant Payments.

Pat Breen

Ceist:

1104 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 563 of 9 June 2009, the position regarding an appeal of suckler welfare scheme payment by a person (details supplied) in County Clare; and if he will make a statement on the matter. [30668/09]

The person named has 13 animals for consideration under the 2008 Suckler Welfare Scheme. To date €720.00 has been paid in respect of nine of the animals. Following contact with the Suckler Welfare Section of my Department, and the issue of letters on 8 June 2009 and 20 July 2009, the query regarding the provision of amended weaning dates has now been resolved. Payment for the four remaining animals will issue shortly.

Herbicide Regulation.

Michael Creed

Ceist:

1105 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if a herbicide (details supplied) which is available here has met with all of the statutory regulations laid down by his Department and the EU; if his attention has been drawn to the concerns regarding the impact of same on crop production; and if he will make a statement on the matter. [30672/09]

I am aware of reports, from the UK, that manures containing traces of the herbicide had allegedly led to damage of sensitive vegetable crops in 2008. In the UK, such use of manures from treated forage was in contradiction of warnings on the product label that were part of the conditions of use that form the basis of the approval for the product.

The product was approved here in accordance with S.I. No 83 of 2003, as amended, which implements EU Directive 91/414/EEC on the placing of plant protection products on the market. It was approved for use as a herbicide in Ireland in August 2007 for the control of certain perennial weeds in established grassland.

In Ireland, a plant protection product may only be placed on the Irish market when the label fully complies with the conditions attached to the approval of the product. The content of the label is determined during a detailed assessment of the effectiveness and safety profile of the product from a human health, animal health or an environmental point of view. All users of plant protection products are legally required to carefully read the label and to use the product only as instructed on the label.

My Department monitors the use of all plant protection products on an ongoing basis and may revoke or amend product approvals as appropriate. In the case of the herbicide mentioned, I am satisfied that, when this product is used in accordance with label instructions, it can be a very useful tool in the control of weeds (including noxious weeds) without any negative consequences for man, animals or for the environment.

Grant Payments.

John McGuinness

Ceist:

1106 Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food the position regarding an appeal in the case of a person (details supplied) in County Kilkenny; if their claims from 2005 to date in 2009 have been approved; and if he will make a statement on the matter. [30683/09]

The person named established 24.47 provisional entitlements under the Single Payment Scheme at a unit value of €8.62. In order to activate Single Payment entitlements, an applicant was obliged to lodge a Single Payment application in 2005. The person named did not submit an application under the 2005 Single payment Scheme and, consequently, these entitlements reverted to the National Reserve. My Department's Agriculture Appeals Committee upheld this decision on 3 October 2006.

The person named subsequently appealed the decision to the Agriculture Appeals Office and an oral hearing was held on 15 December 2008, at which the person named undertook to furnish my Department with medical evidence in support of his claim for Force Majeure in 2005. The medical evidence subsequently furnished to my Department on 21 August 2009 was deemed to confirm the claim of the person named for Force Majeure, on foot of which the 2005 application form, submitted by the person named to my Department on 26 August 2009, was accepted. However, as the person named had not included a map of the land declared on the application, a letter, requesting an appropriate map, issued on 28 August 2009. The person named lodged the map in question with my Department on 11 September 2009. This map is now being digitised, following which, the 2005 application can then be further processed.

Farm Retirement Scheme.

Jim O'Keeffe

Ceist:

1107 Deputy Jim O’Keeffe asked the Minister for Agriculture, Fisheries and Food if arrangements have been made for the payment under the farm retirement scheme to a person (details supplied) in County Cork; and if he will make a statement on the matter. [30717/09]

On examination of the application received from the person under the Early Retirement Scheme, a number of queries arose and my Department has requested clarification from the person named regarding outstanding documentation.

Until these queries have been answered, processing of the application cannot be finalised.

Grant Payments.

Michael McGrath

Ceist:

1108 Deputy Michael McGrath asked the Minister for Agriculture, Fisheries and Food the position regarding a grant application by a person (details supplied) in County Cork. [30771/09]

I announced details of the Scheme for the Allocation of Milk Quota to New Entrants on 10 June last with a closing date of 31 July. The purpose of the scheme is to make allocations of 200,000 litres of milk quota available to suitable new entrants to dairying.

An application from the named person was received in my Department. The processing of applications is currently being finalised and I hope to be in a position to allocate the quota to the successful applicants before the end of September.

Animal Feedstuffs.

Phil Hogan

Ceist:

1109 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the storage of material at a facility (details supplied) in County Carlow; the action he will take to ensure compliance with all animal feed regulations arising from the storage of material in the interest of human and animal health; and if he will make a statement on the matter. [30871/09]

EU Regulation 183/2005 lays down general rules on feed hygiene, the conditions and arrangements to ensure traceability of feed, and the conditions and arrangements for the registration and approval of all operators involved in the manufacture, haulage, storage or use of animal feed.

The premises being referred to by the Deputy was registered by my Department as a Feed Business Operator in March 2006 as a grain intake depot and as a haulier and storekeeper of feed materials. Officials of my Department have carried out a number of inspections on this facility in recent years to ensure compliance with the regulations and can confirm that the separate storage of biofert material does not compromise the safety of the feed materials, including grain, being stored at the premises.

Grant Payments.

John Cregan

Ceist:

1110 Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food when a claim for a forestry payment will be awarded in respect of a person (details supplied) in County Limerick. [30900/09]

I understand that there are no outstanding forestry payments due to the person in question.

Rural Environment Protection Scheme.

Sean Sherlock

Ceist:

1111 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food if a replacement scheme will be implemented should the REP scheme be discontinued; and if he will make a statement on the matter. [30989/09]

REPS 4 was closed to new applicants in July against the background of the situation in the public finances, the resources available to the Department and the increase, over the past year, from just under 47,000 to some 63,000 in the number of REPS participants. A record 17,000 applications were received up to the closing date of 15 May for 2009, and further applications were received up to the time the Scheme closed. The latter will be processed as applications for 2010. Payments due to REPS farmers for 2009 will be the highest ever.

All participants already in REPS will continue to receive annual payments until their current contracts run their course.

I plan to introduce a new agri-environment scheme in 2010 which will reduce compliance costs to participants and which will provide a menu of targeted actions from which farmers may choose. Funding for the new scheme will include the additional modulation funds which I ensured will be retained for the benefit of Irish farmers in the negotiations on the CAP "Health Check". It will also include additional matching Exchequer funding.

The new scheme requires the approval of the European Commission. An outline has already been sent to the Commission as part of a set of proposals for an amended Rural Development Programme following a consultation exercise on the use of the modulation funds. The details of the scheme have yet to be finalised. I invited submissions from stakeholders, the closing date for which was 4 September and the submissions received are now being examined and considered in my Department.

Sean Sherlock

Ceist:

1112 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food if he is revising his decision to close REP scheme 4 to new applicants; and if he will make a statement on the matter. [30990/09]

REPS 4 was closed to new applicants in July against the background of the situation in the public finances, the resources available to the Department and the increase, over the past year, from just under 47,000 to some 63,000 in the number of REPS participants. A record 17,000 applications were received up to the closing date of 15 May for 2009, and further applications were received up to the time the Scheme closed. The latter will be processed as applications for 2010. Payments due to REPS farmers for 2009 will be the highest ever.

All participants already in REPS will continue to receive annual payments until their current contracts run their course.

I plan to introduce a new agri-environment scheme in 2010 which will reduce compliance costs to participants and which will provide a menu of targeted actions from which farmers may choose. Funding for the new scheme will include the additional modulation funds which I ensured will be retained for the benefit of Irish farmers in the negotiations on the CAP "Health Check". It will also include additional matching Exchequer funding.

The new scheme requires the approval of the European Commission. An outline has already been sent to the Commission as part of a set of proposals for an amended Rural Development Programme following a consultation exercise on the use of the modulation funds. The details of the scheme have yet to be finalised. I invited submissions from stakeholders, the closing date for which was 4 September and the submissions received are now being examined and considered in my Department.

Grant Payments.

Michael Ring

Ceist:

1113 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be granted their single farm payment for 2008. [30991/09]

An application was received on 8 May 2008 requesting the transfer of 9.15 Single Payment entitlements to the person named from his late father by way of inheritance under the 2008 scheme year.

The normal testamentary documentation was requested and subsequently received. However as the person named was not the holder of a herd-number it was not possible to complete the requested transfer.

Upon review it is noted that the herd-number held by his late father has recently been transferred to the person named and backdated to 2 May 2007. In light of this, the 2008 application to transfer entitlements will now be processed under the 2008 scheme year. This will allow the outstanding payment for 2008 to issue to the person named.

Michael Ring

Ceist:

1114 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the number of herd owners on an estate (details supplied) in County Mayo who have yet to receive payments for 2008; and when his Department will finish assessing the right to claim of each herd owner as well as the specific associated share claim so that this matter can be resolved. [30992/09]

The position is that there are no outstanding payments under the 2008 Disadvantaged Areas Scheme to eligible claimants on the Dickens Estate. As regards the 2008 Single Payment Scheme, payment has not yet issued to two persons who were new applicants on this estate in 2008. The transfer of the Single Payment entitlements has been finalised in both cases and any payments due will issue as soon as their eligible area for payment has been finalised.

Rural Environment Protection Scheme.

Sean Sherlock

Ceist:

1115 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the position regarding all rural environment protection schemes; and if he will make a statement on the matter. [31005/09]

REPS 4 was closed to new applicants in July against the background of the situation in the public finances, the resources available to the Department and the increase, over the past year, from just under 47,000 to some 63,000 in the number of REPS participants. A record 17,000 applications were received up to the closing date of 15 May for 2009, and further applications were received up to the time the Scheme closed. The latter will be processed as applications for 2010. Payments due to REPS farmers for 2009 will be the highest ever.

All participants already in REPS will continue to receive annual payments until their current contracts run their course.

I plan to introduce a new agri-environment scheme in 2010 which will reduce compliance costs to participants and which will provide a menu of targeted actions from which farmers may choose. Funding for the new scheme will include the additional modulation funds which I ensured will be retained for the benefit of Irish farmers in the negotiations on the CAP "Health Check". It will also include additional matching Exchequer funding.

The new scheme requires the approval of the European Commission. An outline has already been sent to the Commission as part of a set of proposals for an amended Rural Development Programme following a consultation exercise on the use of the modulation funds. The details of the scheme have yet to be finalised. I invited submissions from stakeholders, the closing date for which was 4 September and the submissions received are now being examined and considered in my Department.

Sean Sherlock

Ceist:

1116 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food his plans to reinstate the rural environment protection scheme; and if he will make a statement on the matter. [31006/09]

REPS 4 was closed to new applicants in July against the background of the situation in the public finances, the resources available to the Department and the increase, over the past year, from just under 47,000 to some 63,000 in the number of REPS participants. A record 17,000 applications were received up to the closing date of 15 May for 2009, and further applications were received up to the time the Scheme closed. The latter will be processed as applications for 2010. Payments due to REPS farmers for 2009 will be the highest ever.

All participants already in REPS will continue to receive annual payments until their current contracts run their course.

I plan to introduce a new agri-environment scheme in 2010 which will reduce compliance costs to participants and which will provide a menu of targeted actions from which farmers may choose. Funding for the new scheme will include the additional modulation funds which I ensured will be retained for the benefit of Irish farmers in the negotiations on the CAP "Health Check". It will also include additional matching Exchequer funding.

The new scheme requires the approval of the European Commission. An outline has already been sent to the Commission as part of a set of proposals for an amended Rural Development Programme following a consultation exercise on the use of the modulation funds. The details of the scheme have yet to be finalised. I invited submissions from stakeholders, the closing date for which was 4 September and the submissions received are now being examined and considered in my Department.

Grant Payments.

Michael Ring

Ceist:

1117 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be approved and awarded a grant under REP scheme 4. [31054/09]

REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications, including plan checks, to be completed before the first payments issue.

Processing of applications has commenced to facilitate to release of payments at the earliest possible date.

Michael Ring

Ceist:

1118 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be approved and awarded a grant under the disadvantaged area scheme. [31055/09]

An application under the 2009 Disadvantaged Areas Scheme was received from the person named on 13 May 2009. In line with previous years, payments are scheduled to commence on 23 September, with payments initially issuing in respect of those applications, which are clear for payment at that stage.

Commonage Division.

Michael Ring

Ceist:

1119 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the position regarding an estate (details supplied) in County Mayo. [31056/09]

The persons named submitted copy Folios to my Department in the context of their claim to a share each in the Dickens Estate. As the grazing rights to the Dickens Commonage are not specifically referred to on the documentation submitted, my Department is examining the pre-registration position of the folios in this regard. When this research has been completed, my Department will contact the persons named.

The question of signing the affidavit must be considered in this context.

Aquaculture Industry.

Michael Ring

Ceist:

1120 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a programme (details supplied) will be launched in view of the effect the delay is having on industry. [31211/09]

The Seafood Development Measure contained in the National Development Plan 2007-2013 is divided between the EU Co-funded Operational Programme and the National Seafood Development Operational Programme. The EU Co-funded OP has already commenced and has funded the 2008 decommissioning scheme which has allowed 46 boats to be decommissioned with grant aid totalling €36.6 million already paid over 2008 and 2009.

The National Seafood Development Operational Programme 2007-2013 was advertised for public consultation in October 2008. Following this consultation process issues were raised by the Department of the Environment, Heritage and Local Government and the Department of Communications, Energy and Natural Resources on behalf of CFB (Central Fisheries Board) regarding the grant-aiding of projects where environmental issues arise relating to compliance with the EU Birds and Habitats Directives and sea lice control on salmon farms.

This Department with its agencies working with the Department of the Environment, Heritage and Local Government developed a plan to deliver compliance with the EU Birds and Habitat Directives for wild fisheries and aquaculture over a determined timeframe. This plan was submitted to DG Environment for consideration.

A meeting between this Department, the Department of the Environment, Heritage and Local Government and Agencies and DG Environment took place in Brussels on 13 May 2009 to discuss the plan with a view to securing DG Environment's support for the approach set down in the plan.

DG Environment advised that it was, in principle, favourably disposed towards Ireland's plan subject to a positive response to the issues raised and further clarifications from the Irish authorities on the details of the plan. Additional material has now been forwarded to DG Environment where it is being examined. When these matters have been satisfactorily addressed, DG Environment expects to be in a position to formally respond on the plan at an early date.

A meeting at Ministerial level was held in June between my Department and the Department of Communications, Energy and Natural Resources. Minister Killeen advised on the significant progress made in relation to managing sea lice levels on salmon farms and the concerns of the Fishery Boards were also set down. I am hopeful that there is a better understanding of the issues involved from both Department's perspectives and that on this basis we can find a satisfactory resolution to the concerns raised.

It is noteworthy that the delay in the launch of the National Seafood Development OP has not held up grant aiding aquaculture developments in 2009 as the European Commission has agreed to the continuation of grant aid under the 2000-06 OP until 30 June 2009. A provision of €5m has been made for aquaculture development in the Agriculture Vote for 2009 and I have approved the spending of €4.327 million on aquaculture projects in both the BMW and S&E regions under the 2000-06 OP which will assist the continued operation of aquaculture projects in these areas and the employment that they support. These projects have been fully completed and payments made.

Decentralisation Programme.

Sean Sherlock

Ceist:

1121 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the status of proposals to decentralise Government offices to locations in County Cork; and if he will make a statement on the matter. [31214/09]

The Government announced last year that the moves of my Department's offices to Fermoy and Macroom under the decentralisation programme had been deferred pending a review in 2011.

However, I recently announced a programme of reorganisation of the local office network and a move to a location north of Cork city is being reconsidered.

Departmental Staff.

Niall Collins

Ceist:

1122 Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31221/09]

One Civil Servant from my Department is appointed to the board of Teagasc and another to the board of An Bord Bia. In both cases no fees are payable in respect of their membership of the boards but travel and subsistence expenses are payable in respect of official travel arising from their membership of the Boards.

One Civil Servant from my Department is seconded to Bord Bia and another to the Aquaculture Licensing Appeals Board. In those cases the salaries and expenses of the officers are payable by those bodies.

The question of the surrender of such monies to my Department does not arise.

Proposed Legislation.

Denis Naughten

Ceist:

1123 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when he will publish the animal health and welfare Bill; and if he will make a statement on the matter. [31342/09]

My officials are continuing to draft the Animal Health and Welfare Bill which will give effect to a number of commitments in the area of animal health and welfare contained in the Programme for Government. The legislation will amend and consolidate previous legislation in the domain of animal health, particularly to reflect the changed disease status of our animals and will update existing legislation, to ensure that the welfare of all animals, including non-farm animals, is properly protected and penalties for offenders are increased significantly. The proposed legislation will also provide for the consolidation of responsibility for the welfare of all animals within my Department.

Following the public consultation process initiated on the draft Bill, almost 400 submissions/comments were received from organisations and individuals with an interest in animal health and welfare matters. Officials met with a large number of these organisations and individuals to provide an opportunity for elaboration on the respective submissions. Work is now continuing on drafting the Bill taking account of the further observations received.

Waste Disposal.

Denis Naughten

Ceist:

1124 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food if he has provided capital funding for anaerobic digesters under grant aid provided to address animal waste issues under the nitrates directive; and if he will make a statement on the matter. [31351/09]

A Scheme of Investment Aid for Demonstration On-Farm Waste Processing Facilities was introduced by my Department in June 2006 under the aegis of the 2000-2006 National Development Plan. In 2007, grant-aid was made available under the Scheme for the development of ten on-farm anaerobic digestion facilities. As the grant-aid is payable only on completion of the work concerned, none of the grants has been drawn down, to date.

Live Exports.

Denis Naughten

Ceist:

1125 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the steps he is taking to support a live cattle trade to Britain; the number exported to date in 2009; the corresponding figure for 2008; and if he will make a statement on the matter. [31377/09]

The live export trade is an important element of Ireland's meat and livestock industry providing a complement to the beef trade.

Up to 4 September, some 5,320 head were exported to Great Britain this year, up from 737 in the same period last year — an increase of over 620%. Shipments of cattle to Northern Ireland are over 53,000 head, an increase of some 230%. Total live cattle exports to the UK, at almost 58,400 head, are 248% up on the same period in 2008. The main reasons for this increase are reduced cattle availability in the UK and higher returns on the market there.

Bord Bia continues to work closely with the industry in monitoring and developing emerging opportunities for Irish livestock in the United Kingdom, the Continent and international markets. This includes contact with leading retailers in Britain to establish their interest in cattle born in Ireland and finished in Britain.

Departmental Expenditure.

Damien English

Ceist:

1126 Deputy Damien English asked the Minister for Agriculture, Fisheries and Food the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31570/09]

The details sought by the Deputy in relation to the value of advertising and promotional campaigns carried out by the Department in each year since 2004 is set out below.

Year

Value

2004

802,214

2005

1,260,822

2006

1,177,252

2007

1,575,993

2008

1,218,023

2009 (Jan-Aug)

262,970

The question of advertising and promotions by agencies within the remit of my Department is an operational matter for the bodies themselves.

Grant Payments.

John Cregan

Ceist:

1127 Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food when applicants for REP scheme four will be informed that their applications are in order; and when payments will be awarded. [31627/09]

REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications, including plan checks, to be completed before the first payments issue. Processing of applications has commenced to facilitate to release of payments at the earliest possible date.

John McGuinness

Ceist:

1128 Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food if the forestry premium for 2008 and 2009 will be awarded to a person (details supplied) in County Kilkenny; and if he will expedite the matter. [31628/09]

My Department is writing to the person in question regarding the inspection of his plantation by a Forest Service Inspector. Payment of outstanding premiums will be considered following the inspection.

Departmental Programmes.

David Stanton

Ceist:

1129 Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31704/09]

To date, expenditure on the Cycle-to-Work Scheme is €26,811.16 for 37 applications. This will be recouped from the salaries of the participating officers. Regarding the administrative costs of the scheme, no specific costs have been incurred. A section that has a range of other duties deals with the administration of the scheme.

Ministerial Expenses.

George Lee

Ceist:

1130 Deputy George Lee asked the Minister for Agriculture, Fisheries and Food the amount that has been claimed in expenses by each senior and junior Minister in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31939/09]

The details requested are being compiled at present and a statement will issue directly to the Deputy as soon as possible.

Third Level Fees.

Noel Ahern

Ceist:

1131 Deputy Noel Ahern asked the Minister for Education and Science the situation in relation to free university fees under the current scheme for a student (details supplied). [31021/09]

Noel Ahern

Ceist:

1237 Deputy Noel Ahern asked the Minister for Education and Science the situation in relation to free university fees under the current scheme for a student (details supplied). [31020/09]

I propose to take Questions Nos. 1131 and 1237 together.

Under the terms of my Department's Free Fees Initiative the Exchequer meets the tuition fees of eligible students who are pursuing full-time undergraduate courses of study which are a minimum of two years duration in an approved institution. The main conditions are that students must be first-time undergraduates, hold EU/EEA/Swiss nationality in their own right and have been ordinarily resident in an EU/EEA/Swiss state for at least three of the five years preceding their entry to an approved third level course.

Students with official refugee status in the State, and their family members, who have three years residency in the State (from official date of lodgement of application for refugee status) may also be considered for free fees once the student meets the other criteria of the Free Fees Initiative. The assessment of eligibility under the Free Fees Initiative in individual cases is a matter for each institution to determine within the terms of the scheme.

It is the students own nationality or his/her immigration status in the State that determines whether or not he/she meets the nationality requirement outlined in the Free Fees scheme. The Department of Justice, Equality and Law Reform adjudicates on a person's entitlement to remain in the State. My Department understands that permission to remain in the state can be awarded to categories of applicants other than those specified in my Department's free fees scheme. In the case of the student referred to by the Deputy, I understand that whilst the student concerned has been provided with a permission to remain in the country, he does not meet the nationality requirement of the scheme.

Where students do not meet the eligibility criteria of the Free Fees initiative such students must pay the appropriate tuition fee as determined by the third level institution. Such institutions are autonomous bodies and, as such, the level of fees to be charged in such cases is a matter for the institutions.

School Staffing.

Richard Bruton

Ceist:

1132 Deputy Richard Bruton asked the Minister for Education and Science his views on extending the early retirement scheme to teachers who have been put on the panel for transfer because the pupil numbers in their school no longer support the quota of teachers employed. [31691/09]

The Incentivised Scheme of Early Retirement for public servants over 50 years of age was announced in the Budget in April this year and does not apply to teachers.

The intention behind the scheme is that those that retire would not be replaced thus enabling cost savings to be achieved. The moratorium arrangements within the education sector provide that teachers can be replaced in the normal way and that teacher numbers be capped at the aggregate overall number of posts in place in schools in September 2009. The Deputy appears to be referring to the redeployment arrangements at primary school level. Teachers on redeployment panels are redeployed to other schools with vacancies in accordance with agreed arrangements. While awaiting redeployment they are required to cover short-term absences in their existing school.

The Early Retirement Scheme is aimed at civil and public servants who retire before the age of 60 and whose superannuation options are limited to receiving their entitlements at preserved pension age or, for people aged over 50, immediate payment of pension benefits subject to an actuarial reduction. It is not being applied to sectors who have fast accrual of service (eg An Garda Síochána, Prison Officers and the Army) or for those who have other preferential pension benefits such as the 55/35 year rule for teachers. Under the 55/35 year rule a teacher, other than a new entrant appointed after 1 April 2004, who has reached the age of 55 years and has at least 35 years of actual pensionable service, may retire voluntarily. There is no actuarial reduction in benefits and credit for certain pre-service training is given in order to assist teachers to reach the 35-year threshold for retirement.

Special Educational Needs.

Dan Neville

Ceist:

1133 Deputy Dan Neville asked the Minister for Education and Science if he will make a statement on a matter (details supplied). [30077/09]

As the Deputy will be aware, the National Council for Special Education (NCSE), through local special educational needs organisers (SENOs), is responsible for processing applications from primary and post primary schools for special educational needs supports including applications for the establishment of special classes in various geographical areas as required. I understand that the NCSE has not received any application from schools in the area in question to establish a special language class.

All schools have the names and contact details of their local SENO. Parents may also contact the SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

I have arranged for the details supplied to be forwarded to the NCSE for their attention and reply.

School Staffing.

Joe McHugh

Ceist:

1134 Deputy Joe McHugh asked the Minister for Education and Science if he will reconsider his decision to cut a teaching post from a school (details supplied) in view of its implications for the educational services provided by the school; and if he will make a statement on the matter. [30080/09]

The school to which the Deputy refers submitted an appeal to the Primary Staffing Appeal Board which was considered by the board on 14 May 2009. The appeal was refused and the school has been notified in this regard. The Appeal Board operates independently of the Department and its decision is final. The budget measures will impact on individual schools in different ways depending on whether enrolment is rising or declining and the degree to which any one school has more teachers than it is entitled to under the allocation processes. In terms of the position at individual school level the key factor for determining the level of resources provided by my Department is the pupil enrolment at 30 September 2008.

The Deputy will be aware that my Department has published provisional information on the Department's website about teacher allocations for 2009/10 school year. This was done as a first step at improving the level of information in the public domain about changes to the staffing allocations at both primary and post-primary level.

The allocations are provisional at this stage and reflect the initial allocation position. The final position for any one school will depend on a number of other factors such as additional posts for schools that are developing rapidly and posts allocated as a result of the appeals processes. The operation of redeployment arrangements also impacts on the final position as a teacher can remain in his or her existing school where a suitable redeployment position does not exist. The final staffing position for all schools will therefore not be known until later in the autumn. At that stage the allocation process will be fully completed for mainstream classroom teachers and I remain committed to publishing updated information.

School Transport.

John Perry

Ceist:

1135 Deputy John Perry asked the Minister for Education and Science if he will ensure that the catchment area for a school (details supplied) in County Sligo, with regard to the school transport scheme, is extended to include Coolaney village, County Sligo. [30082/09]

Under the terms of my Department's Post Primary School Transport Scheme, a pupil is eligible for transport if s/he resides 4.8 kilometres or more from her/his local post primary education centre.

The scheme is not designed to facilitate parents who choose to send their children to a post-primary centre outside of the catchment area in which they reside. However, children who are fully eligible for transport to the post-primary centre in the catchment area in which they reside may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area — otherwise known as catchment boundary transport. These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their local post-primary centre have been catered for. Such children have to make their own way to the nearest pick up point within that catchment area.

The Transport Liaison Officer of Co. Sligo has advised that pupils from the Coolaney area do not reside in the catchment area referred to in the details supplied and therefore may only apply for catchment boundary transport subject to the terms outlined above.

My Department has commenced a Value for Money Review of the School Transport Scheme, including catchment boundaries, which is to be completed before the end of this year.

The Steering Committee will look at the original objectives of the scheme, whether these objectives remain valid today, the extent to which the objectives are being achieved and whether there are possibilities for economies or efficiencies that would improve the value for money of the scheme. In this context, the review will also look at fundamental issues such as catchment boundaries.

The review, when completed, will be published and sent to the Oireachtas Select Committee on Education and Science.

Third Level Education.

John Deasy

Ceist:

1136 Deputy John Deasy asked the Minister for Education and Science the proportion of people in the 18 to 25 years age group participating in full-time third level education in each local authority area in each of the years 2000 to date in 2009; the breakdown of the figures between university, institute of technology and other third level institutions; and if he will make a statement on the matter. [30100/09]

Data on the proportion of people in the 18 to 25 age group participating in full-time third level education by reference to each local authority catchment area is not available. However, the information is available for each individual Institute of Technology and University. Full-time student numbers in the universities from 2000/01 to 2008/09 and Institutes of Technology from 2006/07 to 2008/09, broken down by age, are set out below. Prior to 2006 student numbers were not collected by age in the Institutes of Technology but the total full-time student numbers for 2000/01 to 2005/06 are set out below.

Age of All Full-Time Students: Undergraduate and Postgraduate 2000/2001

UCD

UCC

NUIG

TCD

NUI M

DCU

SPD

UL

MIC

NCAD

RCSI

Totals

Grand Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

87

139

63

132

119

227

50

106

33

45

50

41

5

57

116

89

5

49

2

2

530

887

1,417

18

755

1,079

432

837

546

861

446

800

213

387

357

342

29

279

554

533

38

271

2

4

24

25

3,396

5,418

8,814

19

1,230

1,679

763

1,405

663

1,050

711

1,334

285

521

535

639

37

327

851

762

65

361

12

42

62

53

5,214

8,173

13,387

20

1,253

1,649

872

1,574

721

1,226

821

1,380

294

496

577

674

49

292

812

766

67

381

28

95

83

70

5,577

8,603

14,180

21

1,103

1,272

750

1,157

557

813

704

1,117

217

326

440

516

19

123

723

684

50

213

41

106

80

69

4,684

6396

11,080

22

708

792

480

681

314

446

505

688

139

217

307

313

9

33

412

412

17

65

36

105

87

96

3,014

3,848

6,862

23

406

490

295

352

211

223

252

317

85

123

139

134

4

22

212

154

9

35

30

57

84

91

1,727

1,998

3,725

24

250

293

174

194

115

150

180

259

48

62

87

80

6

30

107

83

10

23

8

23

78

78

1063

1,275

2,338

25-29

430

539

377

397

255

321

554

558

135

137

220

202

19

85

274

175

25

71

22

48

150

109

2,461

2,642

5,103

30 and over

374

446

308

451

162

287

416

543

166

271

134

131

23

98

161

140

26

51

32

73

23

17

1,825

2,508

4,333

Totals

6,596

8,378

4,514

7,180

3,663

5,604

4,639

7,102

1,615

2,585

2,846

3,072

200

1,346

4,222

3,798

312

1,520

211

553

673

610

29,491

41,748

71,239

Age of All Full-Time Students: Undergraduate and Postgraduate at 1 January 2002

UCD

UCC

NUIG

TCD

NUI M

DCU

SPD

UL

MIC

NCAD

RCSI

Totals

Grand Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

87

131

44

125

126

203

71

105

49

67

58

55

8

61

90

92

9

56

2

2

2

544

899

1,443

18

730

995

434

867

533

896

398

789

214

376

337

336

29

286

525

446

35

257

20

36

21

23

3,276

5,307

8,583

19

1,279

1,685

852

1,414

746

1,182

744

1,280

344

551

586

579

54

398

765

730

67

427

39

87

49

62

5,525

8,395

13,920

20

1,236

1,680

815

1,518

723

1,271

761

1,359

304

490

549

653

43

304

831

765

64

349

42

113

83

78

5,451

8,580

14,031

21

1,078

1355

775

1,247

641

896

771

1,260

280

365

536

597

28

163

755

700

55

245

46

99

97

77

5,062

7,004

12,066

22

758

829

486

676

345

436

496

684

155

202

462

360

13

89

482

396

28

80

21

77

76

80

3,322

3,909

7,231

23

394

501

260

347

216

306

291

337

78

118

186

138

10

52

182

201

13

37

17

29

92

100

1,739

2,166

3,905

24

259

276

171

239

153

182

176

242

49

68

94

98

6

49

136

103

11

36

8

13

79

96

1,142

1,402

2,544

25-29

492

638

376

470

274

394

513

638

133

159

252

205

23

107

308

203

28

77

15

40

155

125

2,569

3,056

5,625

30 and over

404

509

321

564

218

352

457

581

184

324

152

148

18

96

163

166

32

65

33

69

67

69

2,049

2,943

4,992

Totals

6,717

8,599

4,534

7,467

3,975

6,118

4,678

7,275

1,790

2,720

3,212

3,169

232

1,605

4,237

3,802

342

1,629

243

565

719

712

30,679

43,661

74,340

Age of Full-Time Students: Undergraduate and Postgraduate at 1 January 2003

UCD

UCC

NUIG

TCD

NUI M

DCU

SPD

UL

MIC

NCAD

RCSI

Totals

Grand Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

94

129

53

116

147

183

57

79

34

74

63

65

5

56

86

71

7

61

1

0

10

2

557

836

1,393

18

760

961

451

784

561

908

411

742

227

367

362

376

38

253

490

461

47

265

10

25

2

9

3,359

5,151

8,510

19

1,268

1,610

831

1,412

741

1,278

697

1,365

290

564

542

557

43

450

766

723

55

384

38

78

35

42

5,306

8,463

13,769

20

1,307

1,697

924

1,603

863

1,442

774

1,364

353

523

567

599

61

372

796

746

68

414

47

102

73

87

5,833

8,949

14,782

21

1,094

1,376

737

1,236

621

967

745

1,216

242

357

511

538

18

145

797

690

46

187

47

112

81

97

4939

6,921

11,860

22

752

861

541

726

405

518

517

761

175

227

332

322

17

59

466

398

21

94

32

71

88

79

3,346

4,116

7,462

23

439

534

320

379

206

278

287

374

86

115

163

134

8

38

253

176

13

29

9

34

94

87

1,878

2,178

4,056

24

254

328

182

229

170

214

221

280

60

82

123

91

9

42

106

127

11

29

8

18

91

87

1,235

1,527

2,762

25-29

597

707

405

582

369

462

535

803

155

185

318

202

26

235

302

264

30

91

23

56

222

219

2,982

3,806

6,788

30 and over

504

616

398

583

297

390

495

680

237

354

183

157

39

119

202

222

46

85

37

76

64

55

2,502

3,337

5,839

Totals

7,069

8,819

4,842

7,650

4,380

6,640

4,739

7,664

1,859

2,848

3,164

3,041

264

1,769

4,264

3,878

344

1,639

252

572

760

764

31,937

45,284

77,221

Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2004

UCD

UCC

NUIG

TCD

NUI M

DCU

SPD

UL

MIC

NCAD

RCSI

Totals

Grand Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

82

126

74

133

134

254

56

97

59

98

34

31

9

56

90

90

5

63

0

2

0

0

543

950

1,493

18

721

954

470

834

634

815

405

725

222

454

275

296

43

264

486

460

38

306

8

31

4

5

3,306

5,144

8,450

19

1,341

1,552

867

1,381

785

1,259

700

1,233

321

571

504

550

63

390

704

698

78

452

28

65

25

30

5,416

8,181

13,597

20

1,311

1,644

907

1,603

793

1,508

749

1,430

284

540

517

535

47

389

801

757

54

374

48

103

71

92

5,582

8,975

14,557

21

1,202

1,376

863

1,313

664

970

736

1,223

248

352

545

551

30

168

776

694

50

237

56

101

105

148

5,275

7,133

12,408

22

804

893

522

737

346

470

501

769

165

165

384

371

14

69

543

391

35

70

37

84

88

112

3,439

4,131

7,570

23

502

530

321

371

219

286

316

418

105

101

248

181

16

57

247

196

13

46

19

40

92

89

2,098

2,315

4,413

24

305

350

209

275

163

213

225

308

68

97

129

102

15

58

197

129

11

34

9

19

89

84

1,420

1,669

3,089

25-29

631

816

492

651

392

535

578

847

197

213

377

293

26

139

384

319

43

118

25

52

233

228

3,378

4,211

7,589

30 and over

539

634

390

580

348

517

515

689

288

408

276

340

38

121

263

269

48

112

55

73

69

65

2,829

3,808

6,637

Age Unknown

0

0

0

0

14

7

0

0

0

0

24

28

0

0

0

0

0

0

0

0

0

0

38

35

73

Total

7,438

8,875

5,115

7,878

4,492

6,834

4,781

7,739

1,957

2,999

3,313

3,278

301

1,711

4,491

4,003

375

1,812

285

570

776

853

33,324

46,552

79,876

Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2005

Age

UCD

UCC

NUIG

TCD

NUI M

DCU

SPD

UL

MIC

NCAD

RCSI

MDI

Total

Grand Total

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

102

138

78

163

144

206

50

85

55

102

66

61

9

54

107

158

16

34

2

8

0

0

629

1,009

1,638

18

804

989

545

941

562

939

466

765

271

450

380

430

33

308

518

840

22

85

56

43

2

5

3,659

5,795

9,454

19

1,267

1,553

903

1,516

856

1,203

695

1,210

318

612

499

565

57

390

759

1,138

47

81

79

86

11

29

5,491

8,383

13,874

20

1,360

1,574

960

1,615

865

1,518

751

1,309

315

549

497

547

58

344

767

1,112

50

107

125

153

13

56

5,761

8,884

14,645

21

1,147

1,315

837

1,299

655

1,057

715

1,330

224

369

477

430

30

180

731

859

36

68

96

134

19

60

4,967

7,101

12,068

22

838

847

570

755

363

509

547

758

163

205

373

292

18

60

470

423

18

31

91

101

17

40

3,468

4,021

7,489

23

485

550

281

356

216

297

273

443

96

91

198

139

8

40

261

229

10

22

89

87

5

19

1922

2,273

4,195

24

317

363

223

277

192

218

229

325

76

85

117

85

19

39

174

158

10

14

74

58

1

8

1,432

1,630

3,062

25-29

681

801

537

685

466

558

655

878

209

238

310

202

31

103

436

519

21

57

166

148

6

12

3,518

4,201

7,719

30 and over

498

684

420

647

366

471

517

678

277

404

195

138

35

110

344

425

49

65

42

31

8

16

2,751

3,669

6,420

Not known

0

1

2

1

25

15

5

26

32

43

75

Total

7,499

8,815

5,356

8,255

4,685

6,976

4,898

7,781

2,004

3,105

3,137

2,904

303

1,654

4,567

5,861

279

564

820

849

82

245

33,630

47,009

80,639

Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2006

UCD

UCC

NUIG

TCD

NUI M

DCU

SPD

UL

MIC

MD

NCAD

RCSI

Totals

Grand Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

79

125

65

145

128

219

61

86

56

109

72

78

14

56

88

107

15

54

3

7

2

4

2

6

585

996

1,581

18

739

1017

509

925

598

877

414

837

273

470

340

401

46

307

567

501

51

360

5

33

8

35

60

59

3,610

5,822

9,432

19

1,296

1,571

976

1,550

778

1,248

728

1,232

369

637

528

645

52

437

717

726

81

500

18

50

33

80

74

89

5,650

8,765

14,415

20

1,286

1,603

971

1732

894

1,384

732

1,310

315

560

486

590

53

356

709

686

71

431

14

55

29

98

129

153

5,689

8,958

14,647

21

1,225

1,302

848

1,250

709

1,049

688

1,224

235

353

464

513

36

152

644

652

49

252

14

60

46

87

94

137

5,052

7,031

12,083

22

781

884

569

763

369

560

520

870

143

177

290

282

19

54

429

401

18

110

9

25

30

78

98

106

3,275

4,310

7,585

23

479

552

318

382

204

322

318

440

96

141

220

154

9

44

229

150

19

42

3

7

16

40

85

94

1,996

2,368

4,364

24

299

378

173

262

159

214

221

310

80

81

151

115

6

36

191

173

21

63

2

6

6

14

74

63

1,383

1,715

3,098

25-29

728

871

547

755

506

643

684

977

272

265

315

283

36

121

401

414

51

170

10

10

32

70

160

165

3,742

4,744

8,486

30 and over

514

693

390

636

387

491

551

736

284

408

213

185

27

123

328

344

67

146

11

12

47

91

43

30

2,862

3,895

6,757

Age Unkown*

38

27

2

4

2

1

42

32

74

Totals

7,426

8,996

5,366

8,400

4,732

7,007

4,917

8,022

2,123

3,201

3117

3273

300

1690

4303

4,154

443

2,128

89

265

251

598

819

902

33,886

48,636

82,522

Age of All Full-Time students: Undergraduate and Postgraduate, at 1 January 2007

UCD

UCC

NUIG

TCD

NUI M

DCU

SPD

UL

MIC

MD

NCAD

RCSI

Totals

Grant Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

100

104

73

111

149

232

55

78

47

80

58

74

10

58

83

90

11

70

0

12

1

2

4

5

591

916

1,507

18

812

962

519

904

603

854

454

762

256

488

377

434

48

261

519

533

59

309

11

34

17

37

42

45

3,717

5,623

9,340

19

1,264

1,623

951

1,572

830

1,199

728

1306

377

633

554

646

67

449

818

775

94

516

10

45

26

84

82

83

5,801

8,931

14,732

20

1,351

1,671

1,075

1,769

849

1,368

753

1287

354

593

559

714

48

402

732

748

86

478

20

53

39

100

127

113

5,993

9,296

15,289

21

1,191

1,334

890

1,413

701

1,009

688

1,183

234

360

432

574

33

165

653

623

54

267

16

43

28

102

108

120

5,028

7,193

12,221

22

795

829

569

703

432

545

479

740

136

183

312

337

19

45

377

389

25

116

12

38

42

67

118

131

3,316

4,123

7,439

23

469

502

303

371

231

311

285

463

95

120

217

156

7

31

193

186

15

62

3

16

18

34

89

121

1,925

2,373

4,298

24

326

379

202

271

155

244

204

331

83

100

187

143

12

30

132

122

18

54

2

4

7

20

72

86

1,400

1,784

3,184

25-29

838

947

575

810

518

591

707

1,049

260

269

368

305

35

130

437

437

59

189

11

6

30

62

154

179

3,992

4,974

8,966

30 and over

644

734

426

656

387

545

564

796

304

371

219

203

33

143

359

386

61

150

10

17

63

100

45

51

3,115

4,152

7,267

Age Unkown*

0

0

0

2

0

0

0

0

0

0

9

6

1

2

0

0

0

0

0

0

0

0

0

0

10

10

20

Totals

7,790

9,085

5,583

8,582

4,855

6,898

4,917

7,995

2,146

3,197

3,292

3,592

313

1,716

4,303

4,289

482

2,211

95

268

271

608

841

934

34,888

49,375

84,263

Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2008

UCD

UCC

NUIG

TCD

NUI M

DCU

UL

MIC

SPD

MDEI

NCAD

RCSI

St Angela’s

Totals

Grand Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

87

113

72

133

155

232

42

89

60

104

65

88

78

94

10

54

4

51

0

5

0

1

8

7

0

11

581

982

1,563

18

768

963

557

914

622

857

428

749

277

473

344

480

535

499

68

306

54

281

12

36

8

36

38

44

1

62

3,712

5,700

9,412

19

1,453

1,635

1,020

1,578

837

1,227

749

1,299

417

675

544

674

821

772

87

497

78

408

17

49

37

91

74

87

2

72

6,136

9,064

15,200

20

1,415

1,807

1,027

1,760

880

1,408

768

1,371

394

588

581

701

844

771

100

492

60

409

7

47

36

97

116

138

3

79

6,231

9,668

15,899

21

1,221

1,418

979

1,404

667

983

718

1,171

271

373

530

611

674

667

67

323

33

208

17

40

39

99

131

114

5

52

5,352

7,463

12,815

22

823

825

624

773

363

512

473

779

150

187

352

345

386

377

32

119

22

68

10

21

21

70

112

117

0

21

3,368

4,214

7,582

23

465

507

301

359

244

292

290

402

99

100

215

180

175

184

17

65

11

56

5

9

20

31

94

107

0

17

1,936

2,309

4,245

24

296

373

196

276

183

256

178

340

97

98

144

121

156

132

20

59

11

30

1

10

9

21

72

103

0

15

1,363

1,834

3,197

25-29

863

981

574

836

485

616

702

1,070

272

287

415

358

457

447

74

176

34

136

6

9

27

57

162

185

1

40

4,072

5,198

9,270

30 and over

654

773

459

717

422

609

569

850

308

378

261

269

337

394

77

171

38

139

10

12

50

80

50

68

5

137

3,240

4,597

7,837

Age Unkown*

0

3

0

0

0

0

0

0

0

0

2

0

0

0

0

0

1

3

0

0

0

0

3

0

0

1

6

7

13

Totals

8,045

9,398

5,809

8,750

4,858

6,992

4,917

8,120

2,345

3,263

3,453

3,827

4,463

4,337

552

2,262

346

1,789

85

238

247

583

860

970

17

507

35,997

51,036

87,033

Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2009

UCD

UCC

NUIG

TCD

NUIM

DCU

UL

MIC

SPD

MDI

NCAD

RCSI

St Angela’s

Totals

Grand Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

81

108

41

95

150

206

49

75

72

95

62

83

101

105

18

58

9

36

2

7

2

4

8

13

0

12

595

897

1,492

18

787

1,003

597

854

680

964

474

828

361

560

440

490

594

531

71

335

44

255

12

28

17

30

38

52

3

53

4,118

5,983

10,101

19

1,442

1,641

1,067

1,606

899

1,230

798

1,295

454

692

567

731

888

782

112

501

94

450

20

57

28

92

80

82

2

97

6,451

9,256

15,707

20

1,546

1,826

1,098

1,795

893

1,466

787

1,378

417

633

573

713

834

787

86

488

72

384

16

55

47

101

94

103

3

89

6,466

9,818

16,284

21

1,204

1,458

933

1,415

697

1,040

741

1,285

294

400

551

636

784

706

76

319

39

213

7

40

41

100

95

103

2

86

5,464

7,801

13,265

22

805

861

666

842

368

512

477

769

173

217

372

347

427

407

48

138

18

118

7

24

28

77

91

85

1

57

3,481

4,454

7,935

23

489

522

363

362

235

313

285

432

106

120

209

177

195

204

22

71

15

57

6

8

13

29

59

72

2

4

1,999

2,371

4,370

24

352

367

218

275

212

249

237

306

98

78

147

113

136

144

18

55

10

47

3

1

9

19

54

69

0

6

1,494

1,729

3,223

25-29

901

1041

614

855

570

676

713

1,115

290

309

434

377

488

450

75

178

46

145

12

19

28

58

155

282

1

31

4,327

5,536

9,863

30 and over

787

883

547

833

509

677

591

871

318

413

269

325

364

418

73

167

37

104

18

24

53

89

161

352

8

37

3,735

5,193

8,928

Age Unknown

0

0

0

0

0

3

0

0

0

0

2

0

0

0

0

0

6

46

0

0

0

0

0

0

1

0

9

49

58

Totals

8,394

9,710

6,144

8,932

5,213

7,336

5,152

8,354

2,583

3,517

3,626

3,992

4,811

4,534

599

2,310

390

1,855

103

263

266

599

835

1213

23

472

38,139

53,087

91,226

Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2008 Institute of Technology Sector

AIT

CIT

DIT

DLIADT

DKIT

GMIT

ITB

ITC

ITS

ITT

ITTRA

LYIT

LIT

TI

WIT

Totals

Grand Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

36

54

65

31

69

72

7

9

85

75

96

63

19

7

44

36

53

51

39

30

22

20

61

67

65

46

2

3

57

61

720

625

1,345

18

134

205

443

292

620

449

68

58

306

243

401

228

60

39

203

152

244

214

155

123

97

112

144

144

270

155

12

9

334

368

3,491

2,791

6,282

19

178

336

726

423

1,026

787

140

121

310

399

586

328

90

73

283

245

262

347

251

157

141

162

144

190

360

224

12

15

475

567

4,984

4,374

9,358

20

188

349

706

519

1,015

837

157

158

315

302

439

389

81

71

274

268

294

355

221

128

123

179

145

177

396

265

18

15

500

608

4,872

4,620

9,492

21

153

249

591

405

920

778

122

163

222

242

353

318

90

63

196

176

234

301

164

122

107

152

106

129

307

231

20

13

417

545

4,002

3,887

7,889

22

90

150

351

269

611

505

80

90

114

156

216

194

60

40

102

92

119

156

128

64

89

97

49

72

180

136

16

18

234

327

2,439

2,366

4,805

23

56

85

188

120

346

300

51

42

57

52

125

101

30

19

81

46

71

79

70

29

44

57

46

33

86

76

11

6

149

145

1,411

1,190

2,601

24

52

51

110

68

241

167

32

12

50

44

89

73

19

13

65

26

54

44

33

10

42

31

23

33

48

42

7

6

146

86

1,011

706

1,717

25-29

107

155

299

166

470

319

76

55

126

110

234

182

50

44

177

101

120

127

75

37

71

107

87

86

103

95

25

14

254

271

2,274

1,869

4,143

30 and over

71

138

220

262

224

200

55

84

101

136

208

223

74

87

150

128

97

132

35

28

84

153

109

128

80

95

36

28

260

299

1,804

2,121

3,925

Age Unknown

0

0

0

0

3

2

1

0

0

0

1

0

0

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

5

2

11

4

15

Totals

1,065

1,772

3,699

2,555

5,545

4,416

789

792

1,686

1,759

2,748

2,099

573

456

1,575

1,270

1,548

1,806

1,171

728

821

1,070

914

1,059

1,895

1,365

159

127

2,831

3,279

2,7019

24,553

51,572

Age of all full-time students: undergraduate and postgraduate, at 1 January 2009 Institute of Technology Sector

AIT

CIT

DIT

DLIADT

DKIT

GMIT

ITB

ITC

ITS

ITT

ITTRA

LYIT

LIT

TI

WIT

Totals

Grand Total

AGE

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

M

F

17 and under

42

45

57

40

100

55

0

7

89

63

80

50

27

15

37

32

87

37

54

35

26

26

55

51

60

38

3

3

89

56

806

553

1,359

18

146

194

471

237

684

531

66

66

290

267

378

201

132

65

212

145

310

233

187

146

107

129

167

171

365

211

21

17

365

377

3,901

2,990

6,891

19

195

289

791

453

1036

748

158

125

357

334

501

293

134

71

265

243

318

324

253

163

158

146

175

225

385

279

35

16

519

565

5,280

4,274

9,554

20

163

332

711

445

1,002

812

158

149

297

399

528

319

80

95

268

224

255

347

237

150

130

168

148

193

323

283

20

15

511

572

4,831

4,503

9,334

21

165

299

617

428

889

756

138

158

249

272

363

326

76

69

233

226

249

272

200

105

106

153

136

155

324

263

13

18

444

504

4,202

4,004

8,206

22

136

170

416

254

653

572

95

119

144

140

214

193

50

44

148

111

115

161

111

66

74

93

65

82

210

142

11

8

274

319

2,716

2,474

5,190

23

77

80

206

126

375

265

51

58

86

83

119

106

25

14

88

55

65

71

60

33

49

49

34

51

92

76

6

7

135

135

1,468

1,209

2,677

24

52

69

105

69

209

149

40

31

52

50

104

77

22

12

63

37

55

58

45

17

33

38

38

32

59

44

9

4

116

81

1,002

768

1,770

25-29

145

162

312

183

564

364

92

60

170

116

256

192

42

51

174

93

122

116

63

36

112

125

99

100

139

113

28

18

339

275

2,657

2,004

4,661

30 and over

90

179

251

286

305

304

64

89

119

155

251

269

106

109

183

153

103

140

56

36

113

164

156

153

135

132

44

36

287

300

2,263

2,505

4,768

Age Unkown

0

0

3

0

19

17

0

0

0

0

0

0

0

0

4

3

0

0

0

0

1

0

0

0

0

0

0

0

6

1

33

21

54

Totals

1,211

1,819

3,940

2,521

5,836

4,5,73

862

862

1,853

1,879

2,794

2,026

694

545

1,675

1,322

1,679

1759

1266

787

909

1,091

1,073

1,213

2,092

1,581

190

142

3,085

3,185

29,159

25,305

54,464

Enrolments in Full-Time Courses for the 2006/2007 Academic Year

National Framework Qualification

6 to 10

Year of Birth

Males

Females

16

3

2

17

701

657

18

3,673

3,172

19

5,375

4,888

20

4,952

4,743

21

3,857

4,022

22

2,618

2,615

23

1,498

1,263

24

1,023

754

25

689

498

26

508

427

27

384

333

28

283

248

29

224

187

30

155

165

31

147

139

32

142

114

33

91

114

34

90

85

35+

335

384

40+

256

373

45+

108

240

50+

138

204

1940 or earlier

4

6

Totals

27,254

25,633

Full time Students

Institute

Year

Student Numbers

ATHLONE

00/01

3,131

01/02

3,440

02/03

3,595

03/04

3,645

04/05

3,532

05/06

3,556

BLANCHARDSTOWN

00/01

478

01/02

635

02/03

856

03/04

1,024

04/05

1,087

05/06

1,094

CARLOW

00/01

2,577

01/02

2,536

02/03

2,505

03/04

2,470

04/05

2,484

05/06

2,710

CORK

00/01

5,615

01/02

6,038

02/03

6,115

03/04

6,160

04/05

6,228

05/06

6,053

D.I.T.

00/01

9,893

01/02

9,927

02/03

10,124

03/04

10,505

04/05

10,707

05/06

10,286

DUNDALK

00/01

2,357

01/02

2,590

02/03

2,637

03/04

3,072

04/05

3,097

05/06

3,215

DÚN LAOGHAIRE

00/01

915

01/02

1,120

02/03

1,235

03/04

1,367

04/05

1,423

05/06

1,471

GALWAY/MAYO

00/01

4,462

01/02

4,551

02/03

4,610

03/04

4,895

04/05

4,774

05/06

4,654

LETTERKENNY

00/01

1,951

01/02

1,919

02/03

1,913

03/04

2,071

04/05

1,842

05/06

2,030

LIMERICK

00/01

3,436

01/02

3,464

02/03

3,602

03/04

3,639

04/05

3,627

05/06

3,860

SLIGO

00/01

3,021

01/02

3,339

02/03

3,485

03/04

3,385

04/05

3,537

05/06

3,754

TALLAGHT

00/01

2,344

01/02

2,220

02/03

2,427

03/04

2,387

04/05

2,285

05/06

2,016

TRALEE

00/01

2,145

01/02

2,320

02/03

2,335

03/04

2,463

04/05

2,324

05/06

2,262

T.R.B.D.I.

00/01

228

01/02

302

02/03

354

03/04

387

04/05

361

05/06

379

WATERFORD

00/01

5,443

01/02

5,438

02/03

5,614

03/04

5,849

04/05

5,541

05/06

5,785

KILLYBEGS

00/01

0

01/02

0

02/03

0

03/04

0

04/05

0

05/06

36

GRAND TOTAL

00/01

47,996

01/02

49,839

02/03

51,407

03/04

53,319

04/05

52,849

05/06

53,161

Higher Education Grants.

John Deasy

Ceist:

1137 Deputy John Deasy asked the Minister for Education and Science the amount allocated to his Department for the third level maintenance grants scheme in County Waterford for 2007, 2008 and 2009; the number of students in receipt of such grants for 2009, itemised as full,25%, 50% or 75% recipients; and if he will make a statement on the matter. [30101/09]

The information requested by the Deputy is not immediately available in my Department. However, the information is being compiled from the records maintained in my Department and in so far as it is available in the format requested, the information will be issued directly to the Deputy as soon as possible.

Post-Leaving Certificate Courses.

Andrew Doyle

Ceist:

1138 Deputy Andrew Doyle asked the Minister for Education and Science the action he will take to address the impact of the cap on student intake in post leaving certificate colleges on the students who will have to be turned away from these colleges due to this cap; and if he will make a statement on the matter. [30142/09]

An additional 1,500 PLC places were allocated to VECs and other providers in 2009, bringing the total number of approved PLC places to 31,688. This is another step in expanding opportunities and broadening access to further education so that people can enhance their employment skills.

The number of approved PLC places must have regard to the continuing requirement to plan and control numbers and to manage expenditure within the context of overall educational policy and provision.

Pupil-Teacher Ratio.

Terence Flanagan

Ceist:

1139 Deputy Terence Flanagan asked the Minister for Education and Science his views on the pupil-teacher ratio at a school (details supplied) in Dublin 13; and if he will make a statement on the matter. [30149/09]

The budget measures will impact on individual schools in different ways depending on whether enrolment is rising or declining and the degree to which any one school has more teachers than it is entitled to under the allocation processes. In terms of the position at individual school level the key factor for determining the level of resources provided by my Department is the pupil enrolment at 30 September 2008.

While the staffing schedule allocates on the basis of an average number of pupils each individual school decides on how to arrange its classes. Combined classes are a feature of the majority of schools in the country and this arrangement has no adverse implications for the quality of the education children receive.

In terms of class sizes 80% of primary pupils were in classes of less than 30 pupils during the last school year. With over 20,000 individual classes spread across all schools throughout the country there will inevitably be differences in individual class sizes. Some schools can have class sizes of greater than 28 but this is often because of a local decision by a school to use its teaching resources in order to have smaller numbers in other classes.

Where it is possible, I believe that principals should consider the benefits of having smaller multi-grade classes as against having particularly large differences in class sizes at different levels in the school. In general, the view of my Department is that, where combined classes are formed, mixed-ability classes are preferable and my Department recommends random selection as a fair and educationally sound approach to the assignment of pupils to such classes.

It is open to any Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was originally established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria for appeal of mainstream staffing are contained in the staffing schedule, Circular 0002/2009 which is available on my Department's website.

The Appeal Board operates independently of the Department and its decision is final.

School Staffing.

Terence Flanagan

Ceist:

1140 Deputy Terence Flanagan asked the Minister for Education and Science if he will respond to a query regarding a school (details supplied) in Dublin 5; and if he will make a statement on the matter. [30153/09]

Information on the teacher allocations to second level schools including Chanel College, whether enrolment related or otherwise, are currently available on my Department's website.

Teacher allocations to all second level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. In accordance with these rules each school management authority is required to organise its subject options within the limit of its approved teacher allocation. The deployment of teaching staff in the school, the range of subjects offered and ultimately the quality of teaching and learning are in the first instance a matter for the school management authorities.

I have always accepted and acknowledged that the decision in the Budget last October to increase the pupil teacher ratio across all second-level schools will have an impact on teacher numbers, class sizes and subject choices in our post-primary schools from the commencement of the 2009/10 school year.

At the level of individual schools, the changes in relation to the allocation of teaching posts will impact in different ways depending on whether enrolment is rising or declining and the degree to which any one school has more teachers than it is entitled to under the allocation processes. I undertook to publish information in relation to the allocation of teachers to schools and this was done during the summer months.

This information identifies the changed position for second level schools and VECs arising from the October budget decisions. The information represents the position at the time of publication and is not the final position. At this point, allocations for posts such as special needs, language support and enrolment increases are still in progress as enrolments are being confirmed by schools. The information will be further updated later in the year when final allocations are determined and the final position regarding supernumerary posts remaining in schools emerges.

Schools Building Projects.

Paul Nicholas Gogarty

Ceist:

1141 Deputy Paul Gogarty asked the Minister for Education and Science the criteria used to assess the urgency of need for primary schools in need of new buildings and refurbishment; the way a school (details supplied) in Dublin 22 compares with other schools in this regard; if his attention has been drawn to the fact that a classroom is closed at the school; the work that has been done to ensure progress in providing a new school building in a timely manner; and if he will make a statement on the matter. [30154/09]

All applications for large scale capital funding are assessed in my Department. As part of this process, a proposed project is assigned a band rating under published prioritisation criteria. These criteria were devised following consultation with the Education Partners. Details are available on my Department's website www.education.ie.

Projects are selected for inclusion in the School Building and Modernisation Programme on the basis of priority of need and as they are ready to proceed. This is reflected in the band rating assigned to a project.

It is the intention of my Department to provide the school to which the Deputy refers with a new building. In this regard, agreement has been reached to provide the new building on a V.E.C. owned site.

The progression of all large scale building projects, including the project in question, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. In this regard, the position with all applications for large scale capital funding is also available on my Department's website.

In the meantime, I am pleased to be able to inform the Deputy that, over the Summer months, my Department replaced all of the existing accommodation at the school to which he refers and it is now operating from its new accommodation since the beginning of the new school year.

Paul Nicholas Gogarty

Ceist:

1142 Deputy Paul Gogarty asked the Minister for Education and Science the progress made since refurbishment and extension works at a school (details supplied) in Dublin 20 were re-tendered in January 2009; the number of companies which have applied for the work; when builders will be on site; and if he will make a statement on the matter. [30155/09]

Paul Nicholas Gogarty

Ceist:

1151 Deputy Paul Gogarty asked the Minister for Education and Science if he will clarify that the re-tendering process for a school (details supplied) is on track and the school will expect to progress to the next stage once the tendering process is concluded; and if he will make a statement on the matter. [30195/09]

I propose to take Questions Nos. 1142 and 1151 together.

The school to which the Deputy refers was one of ten projects announced in January 2009 to be re-tendered. In order to prepare for tender and to comply with the new form of Government contract, the project was required to submit a new Stage 2b (detailed design).

Following the receipt and clearance of the Stage 2b submission, the project was authorised to go tender in June and a tender report was received by the Department in late August. The Department wrote to the school in early September with its comments on the Tender Report and has requested that a revised Tender Report be submitted.

When the revised Tender Report is received and assessed the project will be considered for progression to the next stage i.e. the award stage.

Michael Creed

Ceist:

1143 Deputy Michael Creed asked the Minister for Education and Science if his Department has received a request from a school (details supplied) in County Cork for the provision of new classrooms, playground improvements and a physical education hall; the position regarding this application; if funding will be provided for these works in 2009; and if he will make a statement on the matter. [30159/09]

My Department received an application from the school to which the Deputy refers for a GP room and ancillary accommodation. The application has been assessed and assigned a band rating of 3.4.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of the Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

A further application was received for 2 mainstream classrooms and 1 language support room. My Department approved a devolved grant for 2 mainstream classrooms for the purchase of prefabs or the building of the additional accommodation required.

The Board of Management decided to build a permanent structure and in April 2009 School Planning and Building Unit issued 70% of the Departments liability for that project as the works had commenced.

Michael D'Arcy

Ceist:

1144 Deputy Michael D’Arcy asked the Minister for Education and Science the price awarded to Wexford County Council for the parcel of land purchased by his Department in Gorey, County Wexford in 2008; the cost to build the two primary schools on the same site in 2008; the cost to extend a school (details supplied) in 2009; the estimated cost for the second post primary school to be constructed on the site purchased from Wexford County Council. [30162/09]

My Department paid just over €10m to Wexford County Council in 2008 for the purchase of approx 18 acres of lands for school building purposes.

Two eight classroom primary schools were built on the site in time for September 2008 opening. The cost to construct the two schools was approximately €5m.

Due to commercial sensitivities, it is my Department's policy not to reveal financial details of recent construction contracts, such as the contract placed earlier this year for the construction of Phase 2 of the school referred to by the Deputy. Phase 2 of the project, which consists of a further 8 classrooms, a General Purpose hall, a Special Needs Unit and other ancillary accommodation, is due to be completed by the end of next month.

Similarly, I am not in a position to reveal the estimated cost for the post-primary school planned for the site in question.

School Accommodation.

Michael D'Arcy

Ceist:

1145 Deputy Michael D’Arcy asked the Minister for Education and Science the number of primary schools per county allocated funding under the devolved classroom grant in 2007, 2008 and 2009. [30184/09]

Michael D'Arcy

Ceist:

1146 Deputy Michael D’Arcy asked the Minister for Education and Science the number of primary schools which received the devolved grant, in the expectation their numbers were to increase but did not, and the newly constructed classroom is not being used. [30185/09]

Michael D'Arcy

Ceist:

1147 Deputy Michael D’Arcy asked the Minister for Education and Science the schools per county which have a newly built classroom but which do not have sufficient numbers for an extra teacher. [30186/09]

Michael D'Arcy

Ceist:

1148 Deputy Michael D’Arcy asked the Minister for Education and Science the cost to his Department for the past three years for the construction of classrooms which were built but are not occupied due to lack of numbers. [30187/09]

I propose to take Questions Nos. 1145 to 1148, inclusive, together.

When a school applies for a capital grant for a major building project, such as a new school or a significant extension, its accommodation needs are assessed by my Department by reference to the school's long term projected enrolment and staffing.

Additional school accommodation may also be sanctioned to allow for the replacement of old prefabricated units, to free up ancillary accommodation such as GP rooms etc that are being used on a temporary basis to accommodate additional teachers and pupils, to provide for pupils with special needs and to ensure that schools have adequate accommodation to implement the primary school curriculum.

In 2008, in the areas identified by my Department as most urgently in need of accommodation for additional Junior Infant streams, the "Rapid Delivery" programme constructed new 8 or 16 classroom schools in time to allow the increased numbers to be accommodated in permanent accommodation from the outset. These new schools were planned and built both to provide immediate capacity and to provide for future needs. As expected, these schools are filling up incrementally and will continue to do so over the next few years until the school is full. My Department is currently reviewing all these areas to assess if and when these new schools require to be extended to ensure capacity continues to meet demand into the future.

Details of the number of primary schools by county approved for devolved funding for the provision of additional classroom/resource rooms are given in the following tabular statement. The detail regarding the PAS refers to the approvals given in 2007. There were no new calls for PAS applications in 2008 or 2009.

Statistics recently released by the Central Statistics Office show that the number of births recorded in the State in 2008 was in excess of 75,000, the highest annual number of births since 1896. As the birth rate rises and remains high, the need to provide additional primary school accommodation will continue.

My Department does not ask schools to provide information on the use of each individual classroom on an annual basis. Indeed, schools will in many cases only be deciding now how classrooms will be used as developing area posts and other resources such as English language support teachers and any additional teaching resources for children with special educational needs are finalised.

I am sure that all available space in schools is put to good use by school management and teachers.

Permanent Accommodation Scheme — 2007 approvals

County

No. of Schools

Carlow

3

Cavan

6

Clare

1

Co. Cork

9

Donegal

2

Dublin

15

Galway

5

Kerry

1

Kildare

10

Kilkenny

4

Laois

2

Leitrim

2

Limerick

2

Longford

4

Louth

8

Mayo

6

Meath

4

Monaghan

3

Offaly

4

Roscommon

1

Sligo

3

Tipperary

4

Waterford

2

Westmeath

1

Wexford

11

Wicklow

4

No new Permanent Accommodation Scheme in 2008 or 2009.

Prefab Purchases with option for permanent provision 2008/2009

County

No. of Schools

Carlow

7

Cavan

15

Clare

18

Cork

62

Donegal

20

Dublin

43

Galway

38

Kerry

15

Kildare

22

Kilkenny

10

Laois

17

Leitrim

3

Limerick

12

Longford

5

Louth

10

Mayo

18

Meath

27

Monaghan

4

Offaly

9

Roscommon

6

Sligo

6

Tipperary

17

Waterford

9

Westmeath

12

Wexford

15

Wicklow

11

Schools Building Projects.

Bernard Allen

Ceist:

1149 Deputy Bernard Allen asked the Minister for Education and Science when the portacabins at a school (details supplied) in County Cork will be replaced by a permanent structure for reasons already outlined to his Department by the board of management of the school. [30191/09]

Sean Sherlock

Ceist:

1242 Deputy Seán Sherlock asked the Minister for Education and Science the current status of an application for funding for a new school by a school (details supplied) in County Cork; if he will clarify if there is a devolved grant or mechanism by which the new school can be funded; and if he will make a statement on the matter. [31239/09]

I propose to take Questions Nos. 1149 and 1242 together.

The project to which the Deputies refer is currently at an advanced stage of architectural planning. This is a major capital project. My Departments devolved grant schemes are intended to address smaller projects.

The progression of all large scale building projects, including this project, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding available under my Department's capital budget.

The proposed building project for this school will continue to be considered in the context of my Department's multi-annual School Building and Modernisation Programme for 2010 and subsequent years.

Site Acquisitions.

Paul Nicholas Gogarty

Ceist:

1150 Deputy Paul Gogarty asked the Minister for Education and Science the position regarding the efforts by a school (details supplied) to obtain the adjacent site, which involved discussions between him and the vocational education committee; if the site is ready for the planning process, subject to tender approval by him; if he will clarify that recent announcements of refurbishment funding for the school in no way compromise the need for a new school to be built; and if he will make a statement on the matter. [30194/09]

My Department previously met with County Dublin Vocational Committee to discuss the matter of a site for the school and County Dublin VEC have agreed to dispose of the site adjacent to the existing school site to the Department under the terms of a 99 year lease. The Department has recently received the legal documents in question from the VEC and has instructed the CSSO to progress the matter. In light of current and competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Question No. 1151 answered with Question No. 1142.

School Staffing.

Paul Nicholas Gogarty

Ceist:

1152 Deputy Paul Gogarty asked the Minister for Education and Science if he will report on staffing appointments at a school (details supplied); and if he will make a statement on the matter. [30197/09]

The school referred to by the Deputy is administered by County Dublin VEC. The recruitment and appointment of teachers to fill teaching vacancies that arise in the Vocational Education Committee (VEC) sector is a matter for the Co. Dublin VEC.

Site Acquisitions.

Paul Nicholas Gogarty

Ceist:

1153 Deputy Paul Gogarty asked the Minister for Education and Science if he will report on plans to progress the site for a second level community school at Clonburris, located between Lucan and Clondalkin, County Dublin; and if he will make a statement on the matter. [30198/09]

Based on current demographic trends my Department anticipates that there will be a need for a further post-primary school in the Lucan area in the medium term. Officials from the Department have carried out a technical inspection of the various site options identified by South Dublin County Council and will revert to the local authority regarding its preferred option shortly.

Departmental Expenditure.

Paul Nicholas Gogarty

Ceist:

1154 Deputy Paul Gogarty asked the Minister for Education and Science the estimated cost of implementing the remainder of the Education for Persons with Special Educational Needs Act 2004 in full; and if he will make a statement on the matter. [30206/09]

As required under the Education for Persons with Special Educational Needs (EPSEN) Act, the National Council for Special Education (NCSE) provided a report making recommendations regarding the implementation of the Act which suggested additional investment over a period of years of up to €235m per annum across the education and health sectors. Having considered the NCSE report, and consulted with the education partners, the Department of Health and Children and the HSE, my Department identified a range of options for the implementation of EPSEN. It is not possible to give exact figures regarding cost as the specific amount of money required to support implementation would depend on the options chosen and the timeframe for the implementation of these options. However, my Department's opinion is that the level of investment required would be greater than that envisaged in the NCSE report.

In the light of the current financial circumstances, it is therefore not possible to proceed with full implementation in 2010 as originally envisaged. However, the Government will keep the matter under review and is committed to the full implementation of EPSEN at the earliest possible date.

I want to reiterate that children with special educational needs will continue to receive an education appropriate to their needs. The NCSE will continue to support schools, parents and children, and teachers and special needs assistants will continue to be deployed to schools in line with my Department's policies.

Departmental Reviews.

Ruairí Quinn

Ceist:

1155 Deputy Ruairí Quinn asked the Minister for Education and Science further to Parliamentary Question No. 40 of 2 July 2009, the findings and recommendations of the review; and if he will make a statement on the matter. [30208/09]

The Review referred to by the Deputy is not yet completed and every effort is being made to conclude matters at an early date. I will inform the Deputy of the outcome of the review when finalised.

Proposed Legislation.

Ruairí Quinn

Ceist:

1156 Deputy Ruairí Quinn asked the Minister for Education and Science when he expects the Committee Stage of the Student Support Bill 2008 to be taken; and if he will make a statement on the matter. [30209/09]

The Deputy will be aware that a number of amendments to the Student Support Bill in relation to legal and policy issues which have arisen since Second Stage are being advanced by my Department in close consultation with the Office of the Attorney General.

The Bill makes provision for the transfer of responsibility for student grants to the VEC sector. In the existing budgetary situation, resources are not currently available to advance transition to new administrative arrangements in the immediate future. However, it is not possible to say definitively at this point when new administrative arrangements can be put in place and I am anxious, in light of the commitment to put all student grants on a statutory footing, to provide a statutory basis for all student grants for the intervening period.

Therefore, I am endeavouring to progress to a single scheme of grants as provided for in the Bill at the earliest possible date, while further exploring the options for administrative streamlining in the context of budgetary considerations and the Government's overall programme of public service reform, Transforming Public Services.

This will require further amendments to the Bill and my Department has been working closely with the Office of the Attorney General in that regard. Subject to any technical, drafting and legal considerations arising, I hope to be in a position to have these amendments advanced sufficiently in order to progress to Committee Stage in the autumn session.

School Patronage.

Ruairí Quinn

Ceist:

1157 Deputy Ruairí Quinn asked the Minister for Education and Science when he expects to publish the legislation which will enable the two community national schools to operate under the patronage of vocational education committees; and if he will make a statement on the matter. [30210/09]

The Government approved the scheme of the Education (Patronage) Bill 2009 on 23rd June 2009. The scheme of Bill has been referred to the Office of the Parliamentary Counsel to the Government for drafting and it is expected that the Bill will be published during this autumn session.

Pending enactment of the Bill, I as Minister for Education and Science, am acting for the interim period as Patron of Scoil Choilm and Scoil Ghráinne.

Third Level Fees.

Ruairí Quinn

Ceist:

1158 Deputy Ruairí Quinn asked the Minister for Education and Science if he will publish the review of policy options he presented to the Government in relation to third level fees; if a decision has been made on the introduction of third level fees; and if he will make a statement on the matter. [31252/09]

Michael D'Arcy

Ceist:

1246 Deputy Michael D’Arcy asked the Minister for Education and Science his views on a low interest rate student loan facility to accommodate the expected reintroduction of third level fees; and if he will make a statement on the matter. [31252/09]

I propose to take Questions 1158 and 1246 together.

As the Deputies will be aware I presented the technical report in relation to the introduction of a form of student contribution to my Cabinet colleagues recently. This report sets out the various options available which looks at available models and draws on experience with other systems that operate internationally. The report is intended to allow for an informed examination of the issue — including existing international experience, the revenue impact of potential approaches, costs, affordability, value for money for the taxpayer, associated implementation issues and policy issues that arise in the Irish context. I do not intend publishing the report in advance of Government consideration of the matter.

School Patronage.

Ruairí Quinn

Ceist:

1159 Deputy Ruairí Quinn asked the Minister for Education and Science the number of individual patrons across all the schools here; if he will clarify if, with regard to Catholic and Protestant schools, patronage is assigned to individual bishops or to the church collectively; and if he will make a statement on the matter. [30212/09]

I should explain that Section 8 of the 1998 Education Act sets out the position in relation to primary and post-primary school patronage.

At primary level the vast majority of schools are under the patronage of their local diocese or bodies such as Educate Together or An Foras Patrunachta and currently some small involvement by the State. At post-primary level the vast majority of schools are under the patronage of the local diocese, religious orders and the state sector.

I am arranging to forward to the deputy a list of schools setting out the name and address of the school, the school roll number and details of the Patron of each school.

Ruairí Quinn

Ceist:

1160 Deputy Ruairí Quinn asked the Minister for Education and Science if he will request each patron of every school here to supply details of all properties they own in their capacity as patron and to provide the roll number and address of said properties; and if he will make a statement on the matter. [30213/09]

Arrangements are being made to conduct a survey of accommodation at primary and post-primary level and this will establish the position relating to the extent of all accommodation. The specifications for this inventory are being drafted and it is intended that the ownership details sought by the Deputy will be included.

Higher Education Grants.

Mattie McGrath

Ceist:

1161 Deputy Mattie McGrath asked the Minister for Education and Science the reason for the late publication of the qualifying conditions for maintenance grants to the vocational education committees; and if he will make a statement on the matter. [30215/09]

The four student grant schemes, administered by the Local Authorities and the Vocational Education Committees on behalf of my Department, which offer financial assistance to eligible students attending approved Post leaving certificate and third level courses, issued on the 27th July 2009.

Increases in the income thresholds for the grant schemes are considered in the context of movements in average industrial earnings. Due to the impact of the current difficulties on employers generally, the data on average industrial earnings became available significantly later in 2009 than in previous years.

Mattie McGrath

Ceist:

1162 Deputy Mattie McGrath asked the Minister for Education and Science the reason the means testing for maintenance grants is solely based on gross income and does not take into account the household, mortgage and child care expenses; and if he will make a statement on the matter. [30216/09]

The assessment of means under my Department's student maintenance grant schemes is based on gross income from all sources. Therefore, all income is assessed from the same starting point, eliminating any distortion which might arise from different spending decisions.

The income thresholds are also stated on a gross income basis — the average industrial wage by reference to which the thresholds are calculated represents gross pay before any deductions for income tax or PRSI.

I have no plans at present to depart from the above practice in respect of the determination of income.

Vocational Training Opportunities Scheme.

Mattie McGrath

Ceist:

1163 Deputy Mattie McGrath asked the Minister for Education and Science the reason the criteria for vocational training opportunities scheme exclude stay at home parents who are not in receipt of social welfare payments as they chose to stay at home to raise their families; and if he will make a statement on the matter. [30217/09]

The Vocational Training Opportunities Scheme (VTOS) referred to by the Deputy is a full-time second chance education initiative designed specifically for unemployed persons over 21 years of age. Its primary target groups are the longer-term unemployed, the low-skilled and the disadvantaged.

My Department provides funding for other full-time and part-time learning opportunities for adults. These include the Post Leaving Certificate (PLC) programme which is a full time option for learners who have completed their Leaving Certificate or adults who wish to return to education. The Back to Education Initiative (BTEI) is a part-time option targeted at adults with less than upper second level qualifications who wish to combine a return to learning with family, work or other responsibilities. There are also a wide range of other courses available under the Adult Literacy and Community Education schemes. Learners who wish to participate in any further or adult education programme should contact their local VEC.

Early Retirement Scheme.

Ruairí Quinn

Ceist:

1164 Deputy Ruairí Quinn asked the Minister for Education and Science the reason the public service early retirement schemes were not extended to the higher education sector; if the Universities Act 1997 precluded same from happening; the way the Higher Education Authority is able to impose a recruitment moratorium on the sector; and if he will make a statement on the matter. [30222/09]

The Incentivised Scheme of Early Retirement has been made available to staff in the higher education sector. Full details of how the scheme would apply in the higher education sector were issued in July last to bodies in the sector. The closing date for applications under the scheme has since been extended to Friday 16th October 2009. Accordingly, any employees who are 50 years of age by 16th October 2009 are now eligible to apply under this extension provided they fulfil the other criteria outlined in the scheme.

As the Deputy is aware, the purpose of the moratorium arrangements is to facilitate a permanent, structural reduction in the numbers of staff serving in the public sector and is intended to contribute significant and ongoing savings to the Exchequer. In applying this moratorium generally, teaching and research activities in the education sector have been afforded significant exemptions relative to other areas of public expenditure. Nonetheless, the Deputy will appreciate that the sector has to contribute towards overall public sector numbers reductions. In the area of higher education, the Government agreed that an employment control framework be developed to provide for the application of the moratorium arrangements to higher education institutions, subject to the continued oversight of both my Department and the Department of Finance. This framework allows flexibility around recruitment into posts that are considered essential to maintaining core teaching and research activities, subject to an overall ceiling on numbers employed. The Government is anxious to work with the publicly funded higher education institutions in achieving necessary reductions in public expenditure within the sector as an essential part of overall budgetary strategy. The employment control framework aims to enable this while providing sufficient flexibility for the protection of frontline teaching and research activities.

Residential Institutions Redress Board.

Ruairí Quinn

Ceist:

1165 Deputy Ruairí Quinn asked the Minister for Education and Science the progress made with regard to negotiating a new contribution by the 18 religious teaching orders that signed the 2002 indemnity which limited their exposure to the costs of the Residential Institutions Redress Board; the breakdown of any new agreement signed; if he will provide an account of all meetings held between his Department and the religious teaching orders; and if he will make a statement on the matter. [30230/09]

Alan Shatter

Ceist:

1201 Deputy Alan Shatter asked the Minister for Education and Science the position regarding the disclosure by religious orders and congregations of their assets and financial resources; the further position regarding the making of further contributions by them to both the redress board compensation fund and for the provision of additional assistance to the victims of abuse in residential institutions; the progress which has been made in the talks involving the orders and congregations; and the new arrangements he expects to be made on the completion of these talks. [30752/09]

I propose to take Questions Nos. 1165 and 1201 together.

The Deputies will be aware that the Taoiseach and relevant Ministers, including myself, met representatives of the religious congregations on 4th and 24th June last.

At the meeting on 4th June, the Taoiseach conveyed the views of the Government and this House, that further substantial contributions are required by way of reparation and that these contributions need to be capable of being assessed by the public for their significance by reference to the full resources available to the congregations and in the context of the costs of well over a billion euro incurred by the State.

At the subsequent meeting on 24th June, the congregations reported on the progress they had made in compiling reports on their financial positions. The Taoiseach indicated that the Government would appoint a panel of three independent persons to assess the material submitted by the congregations and report to Government as to the adequacy of these statements as a basis for assessing the resources of the congregations.

Two representatives of religious congregations, at their request, met officials of the Taoiseach's Department and mine on 7 July to discuss the structure of the statement of resources required. The officials indicated that these should be comprehensive as to all categories of assets and liabilities and, in the case of properties, should specify the basis of valuation.

The appointment of the three person panel by the Government to examine these statements was announced on 28th July. The members of the Panel are (Chair) Mr. Frank Daly, former Chairman of the Revenue Commissioners; Ms Catherine Treacy, Chief Executive of the Property Registration Authority; and Mr. John Donnelly, former Chairman of Deloitte and Touche, Chartered Accountants. All of the congregations have submitted their statements. I understand that the Panel is well advanced in its work and expects to be in a position to report before the end of October.

In its statement announcing the membership of the Panel, the Government indicated that while the Panel is carrying out its work, it expected that the congregations would be working to produce an offer of a substantial contribution by way of reparation for the suffering of children in residential institutions. The statement was circulated to the leaders of all the congregations and their attention was specifically drawn to this aspect of it.

Tax Code.

Caoimhghín Ó Caoláin

Ceist:

1166 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science if it is the case that tax relief is available to students attending a course at one college but not available to students attending another (details supplied); and if so, the reason for the distinction. [30276/09]

The course referred to by the Deputy is not an approved course for tax relief purposes under Section 473A, Taxes Consolidation Act, 1997 in either of the colleges referred to by the Deputy.

Psychological Service.

Brian Hayes

Ceist:

1167 Deputy Brian Hayes asked the Minister for Education and Science the number of primary and post-primary schools covered by the National Education Psychological Service on a county basis; and if he will make a statement on the matter. [30281/09]

The Deputy will be aware that all primary and post primary schools have access to psychological assessments either directly through my Department's National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA) which is administered by NEPS.

I can inform the Deputy that my Department and the Public Appointments Service (PAS) is currently actively engaging with some thirteen prospective recruits to the National Educational Psychological Service for assignment in the immediate future (four by the end of October). When employed these staff will undergo the normal work shadowing, induction and assignment to a complement of schools.

It is intended that NEPS will assess the effect of the assignment of these new staff, in the context of national coverage, at the end of the first term of 2008/09, at which time an up-to–date county by county breakdown will be forwarded to the Deputy. I attach for the Deputies information a copy of that breakdown for the previous academic year.

Special Educational Needs.

Finian McGrath

Ceist:

1168 Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 9. [30283/09]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants to schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

School Transport.

Dan Neville

Ceist:

1169 Deputy Dan Neville asked the Minister for Education and Science if he will make a statement on a matter (details supplied) regarding the school transport scheme; his views on whether the increase in the cost of school transport in budget 2009 is putting a financial burden on families; and his further views on altering this policy. [30299/09]

I should explain that one of the main objects of the School Transport Scheme is to provide a basic level of service for children who live long distances from school and who might otherwise experience difficulty in attending regularly. Bus Éireann is responsible for the day to day operation of school transport services throughout the country. This is a complex national operation operating during each school year supporting in the region of 75,000 post primary pupils, 52,000 primary and 8,000 special needs pupils. The majority of pupils are allocated a reserved seat on a dedicated contracted service with approximately 9,000 pupils, generally residing in urban areas and environs, using regular public transport services where these exist. A separate payment is made by the Department in respect of those pupils travelling on such regular transport services.

Given the numbers being transported, it would not be possible without incurring additional expenditure to offer the flexibility to all eligible pupils to travel on the regular public transport services at another time of the day.

In relation to the Deputy's reference to school transport costs I can advise that the overall cost of services will be in the region of €194 million for 2009. This represents a significant increase of over €84 million (over 76%) since 2004, up from €109.8 million.

I wish to point out that, despite the escalating costs of the service, charges for school transport had not been increased from 1998 until the third school term in the 2007/08 school year. A further increase was put in place at the start of the 2008/09 school year and the new charges come into effect from September 2009.

The total contribution of charges from parents in 2009 will still only represent about 8.6% of the overall expenditure for school transport.

In the overall context and in order to minimise the overall effects, charge increases have been confined to the eligible post-primary and children availing of concessionary transport. Eligible children attending primary schools and children with special needs will still travel free. Charges continue to be waived in the case of eligible post-primary children where the family is in possession of a valid medical card.

A maximum family rate of €650 will also be applied. Parents have also been given the option of spreading the amount due over two payments payable in July and December 2009.

While I appreciate the Deputy's concerns, given the factors that I have outlined, it is not envisaged that there will be a change in the payment arrangements as outlined above.

Vocational Training Opportunities Scheme.

Finian McGrath

Ceist:

1170 Deputy Finian McGrath asked the Minister for Education and Science if the case of a person (details supplied) in Dublin 3 will be supported. [30320/09]

Applicants for places on the course referred to by the Deputy must meet the eligibility criteria established for this initiative, that is they must have a claim for Jobseekers Allowance/Benefit of at least six months duration or have been made statutorily redundant. Individual applicants should address any queries in relation to their eligibility to the participating institutions.

Vocational Education.

Dan Neville

Ceist:

1171 Deputy Dan Neville asked the Minister for Education and Science if he will provide the funding to re-open a blacksmith school similar to the school that operated in Belmullet, County Mayo. [30323/09]

My Department has no role to play in relation to funding the institution concerned. I understand that the Blacksmithing School in Belmullet was part funded by the Crafts Council, which is funded by the Department of Enterprise, Trade and Employment. I have been informed by that Department that the Crafts Council met with a number of stakeholders in Belmullet in July and the recommendation was for a detailed Feasibility Study to be submitted to the Crafts Council. I understand that no such Study has yet been received.

Special Educational Needs.

Finian McGrath

Ceist:

1172 Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 9. [30330/09]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

School Transport.

Dan Neville

Ceist:

1173 Deputy Dan Neville asked the Minister for Education and Science if the amalgamation rule will be changed by his Department to allow the re organisation of school transport for a school (details supplied) in County Limerick. [30335/09]

The Deputy will be aware that the pupils from the area referred to, in the details supplied, reside in a closed school area. Under the terms of the primary school transport scheme are eligible for transport to the school of amalgamation. The closed school rule is one of the issues being examined as part of the School Transport Value for Money Review currently under way and is due to be completed by the end of 2009.

As things stand, the children referred to by the Deputy can apply for concessionary transport to the school in question. Such concessionary transport is subject to a number of conditions including the availability of spare seats on the services on a "first come first served" basis and an annual charge of €200. Bus Éireann, which operates the School Transport Scheme on behalf of my Department, has advised that the existing service is operating to capacity. Parents/guardians of the pupils concerned should continue to liaise with Bus Éireann regarding the future availability of spare seats.

The designation of specific school bus pick-up points is an operational matter for Bus Éireann and the concerns of the Deputy have been forwarded to Bus Éireann for their attention. I should say, however, that parents and guardians also have to play their part in ensuring that children are brought to and collected safely from relevant pick up points along the route of a service.

Schools Building Projects.

Ruairí Quinn

Ceist:

1174 Deputy Ruairí Quinn asked the Minister for Education and Science the position regarding the school building projects at schools (details supplied) in County Wexford; when these building projects will commence; and if he will make a statement on the matter. [30375/09]

I can confirm that the first school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

I am pleased to inform the Deputy that an extension project was recently completed at the second school to which he refers under my Department's Permanent Accommodation Scheme. This extension provided 6 additional classrooms and a Special Education Needs Suite. Funding was also provided for access corridors and for the upgrade of toilet facilities at the school.

School Staffing.

Ruairí Quinn

Ceist:

1175 Deputy Ruairí Quinn asked the Minister for Education and Science if he will clarify the person who is responsible for certifying that a person (details supplied), a teacher from another EU country, has worked in a school in Dublin 4; if the Teaching Council is the appropriate body to certify the employment history of individual teachers; and if he will make a statement on the matter. [30378/09]

While the Teaching Council has responsibility for the registration of teachers and may collect data from registered teachers in relation to their current employment, it has no role in certifying the employment history of teachers. It appears that the individual that the Deputy refers to was employed in a post that was neither funded nor recognised by my Department. Unfortunately therefore my Department is not in a position to make any statement regarding the employment in question.

Departmental Expenditure.

Charles Flanagan

Ceist:

1176 Deputy Charles Flanagan asked the Minister for Education and Science the amount he has paid or will pay out for rental on prefabricated units for post-primary schools in County Laois during the period 1 June to 31 August 2009; and if he will make a statement on the matter. [30474/09]

According to my Department's records, only one post-primary school received rental grant-aid for the period 1st June to 31st August, 2009 in Co. Laois. The amount paid for this period was €31,432. This school ceased renting temporary prefabricated accommodation on 31st August, 2009. Currently there are no post-primary schools renting temporary accommodation in Co. Laois.

Charles Flanagan

Ceist:

1177 Deputy Charles Flanagan asked the Minister for Education and Science the amount he has paid out or will pay out for rental on prefabricated units for primary schools in County Laois during the period 1 July to 31 August 2009; and if he will make a statement on the matter. [30475/09]

My Department grant aids school authorities for appropriate costs associated with rental of temporary accommodation. Payment of the annual rental cost is generally made to schools in advance and in two instalments, i.e. January-June and July-December where rental is continuing or up to the expected date of cessation if for a shorter period.

It should be noted that it would not be feasible or cost effective to remove rented prefabricated accommodation for the summer holiday period where that accommodation would be required to be replaced for the new school year. Notwithstanding, it is anticipated that the total rental cost for prefabricated accommodation in Co. Laois will be in the region of €650,000 for the 2009 year. On this basis, rental for the period 1st July to 31st August 2009 could be estimated at around €108,000.

A review of rental policy is ongoing which, inter alia, is examining contract terms to incorporate buy out, buy back, rental costs and relocation options if local circumstances require it. Another strand of the review, which is well under way, is an investigation of all existing rental contracts between schools and suppliers with a view to identifying action to reduce overall rental costs for the Department.

In the meantime, schools proposing to rent temporary accommodation must seek competitive quotes from suppliers which should allow them to take advantage of changing market prices.

Charles Flanagan

Ceist:

1178 Deputy Charles Flanagan asked the Minister for Education and Science the average monthly cost of each prefab rented for schools in County Laois in 2009; and if he will make a statement on the matter. [30476/09]

Details held by my Department on schools renting prefabricated accommodation in Co Laois indicate that the average cost for rental of one prefab unit is €1,190 per month. As the Deputy will appreciate the cost per unit will vary depending on the size, type and age of each unit.

Charles Flanagan

Ceist:

1179 Deputy Charles Flanagan asked the Minister for Education and Science the number of prefabs being rented for schools in County Laois in tabular form; the schools which are availing of rented prefabs; the number of prefabs allocated to each school in question; and if he will make a statement on the matter. [30477/09]

I attach a table listing all primary schools currently renting temporary accommodation in Co. Laois. The Deputy will note from the table that there are currently 46 prefab units being rented by 20 primary schools in Co. Laois.

Prefabricated Accommodation in County Laois — 2009

Roll No

School

Address

Type

01556F

Scoil Bhride NS

Ballyroan, Laois

Pre-fab

07183W

St Josephs GNS

Davitt Road, Mountmellick, Laois

Pre-fab

07183W

St Josephs GNS

Davitt Road, Mountmellick, Laois

Pre-fab

07636K

St Fintan BNS

New Line Road, Mountrath, Laois

Pre-fab

12331L

Rushall NS

Pike of Rushall, Portlaoise, Laois

Pre-fab

12692B

Kiladooley NS

Ballybrophy, Portlaoise, Laois

Pre-fab

13643Q

Emo NS

Emo, Portlaoise, Laois

Pre-fab

13643Q

Emo NS

Emo, Portlaoise, Laois

Pre-fab

13643Q

Emo NS

Emo, Portlaoise, Laois

Pre-fab

13643Q

Emo NS

Emo, Portlaoise, Laois

Pre-fab

13643Q

Emo NS

Emo, Portlaoise, Laois

Pre-fab

13643Q

Emo NS

Emo, Portlaoise, Laois

Pre-fab

13643Q

Emo NS

Emo, Portlaoise, Laois

Pre-fab

13741Q

Rath NS

Ballybrittas, Portlaoise, Laois

Pre-fab

14260F

South NS

Ballacolla Road, Abbeyleix, Laois

Pre-fab

14838N

Maryboro NS

Stradbally Road, Portlaoise, Laois

Pre-fab

15446B

Gaelscoil Thromaire

Trumera, Mountrath, Laois

Pre-fab

17064U

St Patricks NS

Ballylinan, Athy, Kildare (Laois)

Pre-fab

17064U

St Patricks NS

Ballylinan, Athy, Kildare (Laois)

Pre-fab

17064U

St Patricks NS

Ballylinan, Athy, Kildare (Laois)

Pre-fab

17557U

St Abbans NS

Killeen, Mageney, Laois

Pre-fab

17557U

St Abbans NS

Kileen, Mageney, Laois

Pre-fab

17604D

Ratheniska NS

Ratheniska, Portlaoise, Laois

Pre-fab

17604D

Ratheniska NS

Ratheniska, Portlaoise, Laois

Pre-fab

17604D

Ratheniska NS

Ratheniska, Portlaoise, Laois

Pre-fab

17617M

Scoil Chomhghain Naofa

Killeshin, Laois

Pre-fab

17692D

Stradbally BNS

Stradbally, Laois

Pre-fab

18150S

Scoil an Fraoich Mhoir

The Heath, Portlaoise, Laois

Pre-fab

18150S

Scoil an Fraoich Mhoir

The Heath, Portlaoise, Laois

Pre-fab

18150S

Scoil an Fraoich Mhoir

The Heath, Portlaoise, Laois

Pre-fab

18547W

Faolan Naofa NS

Baile Ui Ruain, Portlaoise, Laois

Pre-fab

18828H

St Pauls Primary

Borris Road, Portlaoise, Laois

Pre-fab

18828H

St Pauls Primary

Borris Road, Portlaoise, Laois

Pre-fab

18828H

St Pauls Primary

Borris Road, Portlaoise, Laois

Pre-fab

18828H

St Pauls Primary

Borris Road, Portlaoise, Laois

Pre-fab

18828H

St Pauls Primary

Borris Road, Portlaoise, Laois

Pre-fab

18828H

St Pauls Primary

Borris Road, Portlaoise, Laois

Pre-fab

19747M

Scoil Bhride NS

Knockmay, Portlaoise, Laois

Pre-fab

19747M

Scoil Bhride NS

Knockmay, Portlaoise, Laois

Pre-fab

19747M

Scoil Bhride NS

Knockmay, Portlaoise, Laois

Pre-fab

19747M

Scoil Bhride NS

Knockmay, Portlaoise, Laois

Pre-fab

19747M

Scoil Bhride NS

Knockmay, Portlaoise, Laois

Pre-fab

19747M

Scoil Bhride NS

Knockmay, Portlaoise, Laois

Pre-fab

20071L

Scoil Bhride NS

Rathdowney, Rathdowney, Laois

Pre-fab

20224K

Gaelscoil an tSli Dala

An Bealach Mór, Buirios Mor Osrai, Laois

Pre-fab

20224K

Gaelscoil an tSli Dala

An Bealach Mór, Buirios Mor Osrai, Laois

Pre-fab

Education Schemes.

Catherine Byrne

Ceist:

1180 Deputy Catherine Byrne asked the Minister for Education and Science the position regarding the school book scheme; the number of schools that are still eligible for this scheme; the number of schools that are ineligible; the amount of money which will be saved by the Exchequer by abolishing the scheme; and if he will make a statement on the matter. [30543/09]

I have consistently said that the 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect, education, while protected to a much greater extent than most other areas of public expenditure, could not be totally spared. The changes made in relation to book grants were one aspect of these measures.

The key change is that aid for school books is being restricted to schools that have been included within the Delivering Equality of Opportunity in Schools (DEIS) scheme. By limiting the funding to schools within the DEIS scheme, savings of €7.5m will be achieved.

As the Deputy will be aware, DEIS is the action plan for educational inclusion and focuses on addressing the educational needs of children and young people from disadvantaged communities. Approximately €7 million was made available in 2008 to DEIS schools at primary and post-primary level for the school book grant scheme; the same level of provision has been made available for distribution to schools in the DEIS programme in 2009. At primary level 673 schools will receive enhanced funding, while at second level 203 schools will benefit.

The continuation of this provision to these schools is testament to the Government's determination to prioritise social inclusion and protect the most vulnerable in our society. There is a need to focus targeted resources on the schools in most need. This is in line with the broad thrust of the recommendations of the Comptroller and Auditor General's 2006 report on Primary Disadvantage.

My Department has encouraged schools to implement book rental schemes as a measure to minimise the cost of school books to all parents. As far back as 1993, a report commissioned by my Department dealt with the factors which contribute to the cost of school text books. The report included useful suggestions for schools, including a Code of Good Practice for successful operation of book rental schemes. I know that many schools have developed such rental schemes. It is open to schools to utilise general capitation funding to fund book rental schemes. It is my intention to move to a situation where instead of a number of separate grants for different purposes a school will get one grant, giving them total flexibility on how to use it.

My Department has issued a circular to schools and Vocational Education Committees, outlining that funding provided to meet day-to-day running costs can be used to provide school books where this is a priority for the school or the VEC. My Department has sought to ensure that schools are fully aware that using any funds provided by my Department for such purposes is not only legitimate but desirable.

Higher Education Grants.

George Lee

Ceist:

1181 Deputy George Lee asked the Minister for Education and Science his plans to provide financial assistance to students who are ineligible for grants and must pay registration fees due to the fact that they are repeating exams; and if he will make a statement on the matter. [30546/09]

Students who are entering approved courses at undergraduate or postgraduate level for the first time are eligible for maintenance grants where they satisfy the relevant conditions of the relevant scheme including those relating to age, residence, means, nationality and previous academic history. All students who are eligible for a means tested third level student support grant have the student charge paid on their behalf by the Local Authorities or the Vocational Education Committees, in addition to any maintenance grant and tuition fee grant to which they are entitled.

Under the third level student grant schemes grants may not be paid in respect of a repeat period of study. I have no plans to depart from this practice. It should however be noted that the assessing authorities have discretion to waive this provision in exceptional circumstances — such as for cases of certified serious illness.

Appointments to State Boards.

Ruairí Quinn

Ceist:

1182 Deputy Ruairí Quinn asked the Minister for Education and Science the reason he has not appointed two representatives to the board of the Higher Education Authority as promised in the programme for Government; if he will reconsider this decision; and if he will make a statement on the matter. [30551/09]

I take it that the Deputy is referring to the commitment to appoint a second student representative to the Board of the Higher Education Authority (HEA).

This matter is considered when appointments are being made, having regard to the need to ensure an overall balance of stakeholder interests. The HEA engages extensively with student interests as an integral part of its ongoing work and the USI plays an active role in this process and continues to ably represent its constituency on the Board.

Higher Education Grants.

Ruairí Quinn

Ceist:

1183 Deputy Ruairí Quinn asked the Minister for Education and Science the reason a married person under the age of 23 years, who lives with his or her spouse and not with his or her parents, cannot be assessed as an independent mature student for the purposes of a higher education maintenance grant; if he will consider revising the rules of the grant scheme to ensure that such married persons do not have the income of their spouses and their parents assessed in order to receive a grant; and if he will make a statement on the matter. [30553/09]

Under the student maintenance grant schemes, students who are entering approved courses for the first time are eligible for financial assistance where they satisfy the relevant conditions as to residence, means, age, nationality and previous academic attainment. A mature student is defined as a candidate who is at least 23 years of age on the 1st January of the year of entry or re-entry to an approved course. Mature students are then categorised as either independent mature students or mature students dependent on parents. An independent mature student is defined to mean a mature student who was not ordinarily resident at home with his/her parents from the October preceding their entry to an approved course.

Independent mature students are deemed to be self-supporting and are assessed without reference to either their parents' income or address.

The Student Support Bill will provide the Minister with the power to regulate for different classes of applicants. This power would enable me, if there are compelling reasons and adequate resources to do so, to consider extending the circumstances where a student could be assessed without reference to parental income.

My Department is currently reviewing the circumstances where a means assessment independent of parental income would be appropriate and in the context of the Programme of legislative and administrative reform of student grants and the development of a new unified scheme of student support, is undertaking further consultation on this and related matters with a view to establishing the particular circumstances where assessment as an independent student might be warranted.

Any extension of the provision of assessment as an independent student will have to be carefully considered to ensure it is highly targeted at very specific circumstances where students can demonstrate that they have been genuinely self-supporting and living independently for a number of years.

Schools Recognition.

Denis Naughten

Ceist:

1184 Deputy Denis Naughten asked the Minister for Education and Science the progress on the recognition of new primary schools; when he will allow for their establishment and recognition; and if he will make a statement on the matter. [30556/09]

As the Deputy is aware, in September 2008 I instructed that a review of the procedures for the establishment of new primary schools be undertaken by the Commission on School Accommodation. The Technical Working Group established under the Commission to undertake this review commenced its work in December 2008. It is expected that the review of procedures for recognising primary schools will be complete and revised arrangements will be in place within a two year timeframe of the commencement of the review process.

In the interim period and while the review is ongoing, the Forward Planning Section of my Department has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post-primary levels over the coming years. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social & Family Affairs in addition to recent schools' enrolment data.

The study indicates that the requirement for additional primary provision in years 2010, 2011 and 2012 is likely to be greatest in more than 40 selected locations across the country based on significant changes to the demographics of those areas. This information has been circulated to all existing school Patrons who have been invited to bring forward proposals for the expansion of existing schools or indeed to put themselves forward as Patron for any new primary school, should it be required. The requirement for the establishment of new schools will of course be lessened where it is possible to expand and extend existing schools in those areas.

Forward Planning Section is in the process of carrying out detailed analysis and reports for each of these locations in order to identify the school accommodation requirements for each area up to and including the school year 2014/2015. When the detailed reports are completed for these initial areas identified the Forward Planning Section will continue to work on preparing reports on a priority basis for the remainder of the country.

School Transport.

Ned O'Keeffe

Ceist:

1185 Deputy Edward O’Keeffe asked the Minister for Education and Science if he will review the cost of school bus transport charges of €300 per pupil in view of the financial difficulties being faced by many parents, particularly those with more than one child availing of school transport as in the case of persons (details supplied) in County Cork in view of the overall expenditure which has to be met for school books, clothing and footwear, where many families do not qualify for the back to school allowance. [30563/09]

I should explain that one of the main objects of the School Transport Scheme is to provide a basic level of service for children who live long distances from school and who might otherwise experience difficulty in attending regularly.

The overall cost of school transport services will be in the region of €194m for 2009. This represents a significant increase of over €84m (over 76%) since 2004, up from €109.8m.

I wish to point out that, despite the escalating costs of the service, charges for school transport had not been increased from 1998 until the third school term in the 2007/08 school year. A further increase was put in place at the start of the 2008/09 school year and the new charges come into effect from September 2009. The total contribution of charges from parents in 2009 will still only represent about 8.6% of the overall expenditure for school transport.

In the overall context and in order to minimise the overall effects, charge increases have been confined to the eligible post-primary and children availing of concessionary transport. Eligible children attending primary schools and children with special needs will still travel free. Charges continue to be waived in the case of eligible post-primary children where the family is in possession of a valid medical card. A maximum family rate of €650 will also be applied.

Parents have also been given the option of spreading the amount due over two payments payable in July and December 2009. While I appreciate the Deputy's concerns, given the factors that I have outlined, it is not envisaged that there will be a change in the payment arrangements as outlined above.

Special Educational Needs.

Dan Neville

Ceist:

1186 Deputy Dan Neville asked the Minister for Education and Science if a full-time special needs assistant will be provided to a child (details supplied) in County Limerick. [30568/09]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants to schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

Phil Hogan

Ceist:

1187 Deputy Phil Hogan asked the Minister for Education and Science his plans to establish a follow up unit for students who have completed their time in a centre (details supplied) in County Kilkenny; and if he will make a statement on the matter. [30575/09]

I would like to advise the Deputy that my Department has not received any proposal to establish a follow up unit for students who have completed their time in the centre to which he refers.

My Department is committed to encouraging and facilitating the participation of people with specific learning needs in education by providing supports to enable their access to the various programmes on offer. My Department's officials will give due consideration to any considered proposal in this context.

Grant Payments.

Bobby Aylward

Ceist:

1188 Deputy Bobby Aylward asked the Minister for Education and Science when an application for an insulation grant will be approved for a school (details supplied) in County Kilkenny. [30590/09]

An application from the school in question for an energy efficiency grant has been received in my Department. The application has been recently approved and the management has been informed of the decision.

Departmental Expenditure.

Brian Hayes

Ceist:

1189 Deputy Brian Hayes asked the Minister for Education and Science if he awarded bonuses to persons who work within his Department since 1 January 2009; if so, the areas of responsibility where bonuses were awarded; the reason for such payments; and if he will make a statement on the matter. [30592/09]

I can confirm that no bonuses have been awarded to staff within my Department since 1 January, 2009.

School Staffing.

Brian Hayes

Ceist:

1190 Deputy Brian Hayes asked the Minister for Education and Science if, following his statement in Dáil Éireann on 4 November 2008, that the net loss of teachers in primary and post-primary education would be a total of 400 from 1 September 2009, he still agrees with this position; if not, his new expectation regarding the net loss of teachers to the education system here; and if he will make a statement on the matter. [30593/09]

The Deputy will be aware that my Department has published provisional information on the Department's website about teacher allocations for 2009/10 school year. This was done as a first step at improving the level of information in the public domain about changes to the staffing allocations at both primary and post-primary level.

The allocation process will not reach finality until later this year and I remain committed to publishing updated information. While the final position won't be clear until all allocations are completed it is envisaged that there will be a reduction in posts at primary level in the 200-300 range compared to last year's allocation. Allocations are continuing for special needs, language support and developing posts so the precise figure won't be known until these posts are fully allocated and the outcome of any further appeals to the Staffing Appeals Board are known.

At post-primary level my Department estimated that the budget changes would result in a reduction of some 1,000 posts but that all of this reduction would not happen in the allocation for this school year. Apart from the provision of additional posts for some demographic increase and for special needs provision a number of additional factors influence the final net position such as: the level of teacher retirements and resignations in any particular year in general; how retirements are distributed across schools; the extent to which at individual school level the number of retirements contributes to reducing a supernumerary situation in the event that the school is in an over allocation position; the extent to which any redeployment between schools reduces the supernumerary position; the incidence of awards of contracts of indefinite duration to fixed terms teachers; the extent to which a school is able to reduce an over allocation position by terminating fixed term contracts; the number of teachers remaining in individual schools on a supernumerary basis when the allocation and appointment processes have fully executed; the extent to which schools seek and are granted curricular concessions.

Taking these factors into account and while the budget measures would ultimately yield 1000 posts the yield in the 2009/10 school year was estimated at about 560. The estimates for the 2009/10 school year included provision for 320 additional posts (compared to 2008/09) and on that basis the net position was estimated at a reduction of around 240 posts.

The allocation of teachers to the end of August 2009 is showing a reduction of 509 posts compared to the position at the end of August 2008. This indicates that the final net position will be greater than originally estimated. Allocations are continuing for special needs, language support and for projected enrolments etc. so the final position won't be known until all these posts are fully allocated.

The key factors that are contributing to the greater than expected reduction in posts at post-primary level are: retirements in the Secondary and Community and Comprehensive sectors running at over 230 higher than originally envisaged which in schools that are over quota results in the number of supernumerary posts being reduced. Precise aggregate data on the position in VEC schools is not to hand at present but indications are that a similar higher level of retirement is occurring; the use in individual schools of supernumerary posts against allocations for special needs and language support (circa. 14% of these posts are being filled by the re-allocation of supernumerary staff compared to circa. 7% last year); the number of language support posts is lower than originally anticipated; applications by schools for curricular concessions increased marginally but not to the extent anticipated.

Schools Recognition.

Pat Breen

Ceist:

1191 Deputy Pat Breen asked the Minister for Education and Science, further to Parliamentary Question No. 428 of 26 May 2009, if the review has taken place; when a school (details supplied) in County Clare will receive full recognition; and if he will make a statement on the matter. [30693/09]

As the Deputy will be aware provisional recognition was initially awarded to the school in question for a period of one year in 2008 and was due to expire on the 31st August 2009. This temporary recognition was subject to the usual rules and procedures applicable to new primary schools.

In order to allow my Department's Inspectorate to conclude the assessment process required in respect of all new schools I decided to extend the period of provisional recognition for one year to 31st August 2010. The relevant school authorities were notified of this decision at the time. Following completion of the inspection process a final decision on permanent recognition for the school will be reached within this period.

Special Educational Needs.

Pat Breen

Ceist:

1192 Deputy Pat Breen asked the Minister for Education and Science, further to Parliamentary Question No. 602 of 9 June 2009, the position regarding a matter (details supplied) in County Clare; and if he will make a statement on the matter. [30704/09]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNA) to schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support. I am pleased to advise the Deputy that the school has been allocated 3.5 hours resource teaching support by the NCSE for the pupil in question.

EU Funding.

Joanna Tuffy

Ceist:

1193 Deputy Joanna Tuffy asked the Minister for Education and Science the amount of funding received during its membership of the European Union towards the cost of providing education and training, including through the European Social Fund; and if he will make a statement on the matter. [30710/09]

The level of EU aid received by the Department of Education and Science from the European Social Fund under the Community Support Framework, 1994–1999 was €963.21 million.

The level of EU aid received by the Department of Education and Science from the European Social Fund under the Community Support Framework 2000–2006 was €352.52 million. Under the 2000-2006 Round, the European Commission will process in due course the final operational programme payments (estimated at over €20 million in aid) based on the submission of the Member State's final closure documents.

Up to the present, the level of EU aid received by the Department of Education and Science from the European Social Fund under the Human Capital Investment Operational Programme (HCIOP) 2007-2013 round, is €32.54 million. It is estimated that overall approximately €130 million in ESF aid will be received in respect of education measures during the 2007-2013 round.

There may be other amounts paid directly to education sector bodies/institutions by the EU Commission in relation to which my Department does not have details. For historical data detailing the level of EU aid received by the State between 1973-1993, I would direct the Deputy to the EU Transfers Section of the Department of Finance publication "Budgetary and Economic Statistics". Under the EU Peace II programme a total of €1,660,760 was received by the Department of Education and Science in the period 2003-2008 in respect of "Peace II, Measure 5.5, Cross Border Education, School and Youth Co-operation" and of this amount, under the agreed funding arrangements, a total of €217,057 was paid to the Department of Education, Northern Ireland.

Schools Building Projects.

Ruairí Quinn

Ceist:

1194 Deputy Ruairí Quinn asked the Minister for Education and Science the position regarding a school building project (details supplied) in County Limerick; when the construction of this project will commence; and if he will make a statement on the matter. [30721/09]

The project to which the Deputy refers is currently out to tender. When the tenders have been returned and assessed the project will be considered for progression to the award stage.

Health Professions Admission Test.

John O'Mahony

Ceist:

1195 Deputy John O’Mahony asked the Minister for Education and Science his views on the new health professions admission test Ireland; and if he will make a statement on the matter. [30728/09]

John O'Mahony

Ceist:

1198 Deputy John O’Mahony asked the Minister for Education and Science the information and preparation which were given to students in advance regarding to the new health professions admission test Ireland; and if he will make a statement on the matter. [30744/09]

Ruairí Quinn

Ceist:

1227 Deputy Ruairí Quinn asked the Minister for Education and Science his views on the controversy surrounding admission to medicine courses in view of the recent introduction of the health professions admission test; if he will provide the average score for males in the aptitude test; the average score for females; the breakdown of entries into all undergraduate medicine courses here by gender for the years 2008 and 2009; and if he will make a statement on the matter. [30925/09]

John O'Mahony

Ceist:

1251 Deputy John O’Mahony asked the Minister for Education and Science his views on whether it is fair that students obtaining up to 600 points who apply for medicine have only 550 of those points taken into consideration; and if he will make a statement on the matter. [31281/09]

I propose to take questions 1251, 1198, 1251 and 1227 together.

The impetus for the introduction of a new entry process for admission to medical schools arose from a recommendation of the Working Group on Undergraduate Medical Education & Training (the Fottrell report). This report formed the basis for a programme of reform and expansion of medical education and training in Ireland that was approved by the Government in 2006. A separate Working Group was subsequently established made up of representatives from the Medical Schools and University Admissions Offices to examine the implementation of revised entry criteria for undergraduate medical programmes, having regard to the Fottrell recommendation that entry to undergraduate medical education programmes should not be exclusively coupled with Leaving Cert performance. It was ultimately decided that from 2009 entry to the undergraduate medical programme would be based on combination of Leaving Cert results and performance in an independent admissions test (HPAT) designed to measure students' problem solving, understanding and reasoning skills.

The weighting given to HPAT is such as to ensure that the test has a meaningful influence on the selection process by assessing skills such as mental ability, reasoning, interpersonal skills and professional attributes which lie outside of the domains on which the Leaving Certificate is based while at the same time incentivising and rewarding a strong performance in the Leaving Certificate without requiring the achievement of extraordinarily high points levels.

Details of the selection criteria and information on the new arrangements were sent out to all post primary schools in late May 2008 by the medical schools. Practice questions for the Health Professions Admissions Test (HPAT) test were also made available in May 2008, in preparation for the first test which took place in February 2009 so that candidates could familiarise themselves with the format and nature of the test. Sample questions were also made available on the HPAT-Ireland website. No formal preparation is required to sit the test, and the test is designed so that repeated sittings should not result in any significant change to a candidate's mark.

Information on the average score achieved by males and females in the HPAT test or the breakdown by gender of entrants to medical school for the 2009/10 academic year is not yet available to my Department. The gender breakdown of EU entrants to undergraduate medical programmes in 2008/09 was 181 males and 265 females. As this is the first year of operation of the new entry mechanism it would be premature to seek to form any firm conclusions in relation to its impact. I understand that a research group comprising representation from the Council of Deans of Faculties with Medical Schools of Ireland (CDFMSI), admission officers, the Central Applications Office, Irish medical education experts and international advisers has been convened for the purpose of ongoing evaluation of the entry process. This group will examine the concurrent and predictive validity of the new entry mechanisms as well as the impact on the socio-demographic composition of successful medical school entrants. The work of this group will inform a review of the new mechanism which will be undertaken within 3 years of its introduction.

Departmental Expenditure.

John O'Mahony

Ceist:

1196 Deputy John O’Mahony asked the Minister for Education and Science the amount allocated to US-Ireland Alliance in 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [30729/09]

No financial allocation was made by my Department to the organisation referred to by the Deputy in the years in question.

Departmental Bodies.

John O'Mahony

Ceist:

1197 Deputy John O’Mahony asked the Minister for Education and Science if he will make available the annual reports submitted by US-Ireland Alliance for 2007 and 2008; and if he will make a statement on the matter. [30730/09]

I am taking it that the Deputy is referring to the annual reports and accounts with respect to the operation of the George Mitchell Scholarship Fund prepared pursuant to Section 5 of the George Mitchell Scholarship Fund Act, 1998.

Copies of the reports in question have been laid before each House of the Oireachtas and are available in the Oireachtas library.

Question No. 1198 answered with Question No. 1195.

School Accommodation.

Alan Shatter

Ceist:

1199 Deputy Alan Shatter asked the Minister for Education and Science if he will grant the sanctions necessary to facilitate the provision of additional permanent school classrooms for a school (details supplied) in Dublin 16; if he will replace the prefab buildings; his views on whether it is unreasonable that this project be further delayed. [30749/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Schools Building Projects.

Alan Shatter

Ceist:

1200 Deputy Alan Shatter asked the Minister for Education and Science if he will grant to a board of a school (details supplied) in Dublin 18 the permission required to progress the provision of a new permanent school building; the reason the required permission has to date been withheld; if his attention has been drawn to the fact that the projected number of pupils who will attend the school within the next three years makes it a necessity that the new permanent school be built without further delay. [30750/09]

Olivia Mitchell

Ceist:

1252 Deputy Olivia Mitchell asked the Minister for Education and Science the status of the funding application for the replacement school by a school (details supplied) in Dublin 18; when a decision will be available; and if he will make a statement on the matter. [31328/09]

I propose to take questions 1200 and 1252 together.

The project to which the Deputies refer is currently at an early stage of architectural planning. Information in respect of the current school building programme, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will continue to be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the delivery of the project at this time.

Question No. 1201 answered with Question No. 1165.

School Transport.

Michael Creed

Ceist:

1202 Deputy Michael Creed asked the Minister for Education and Science the reason he has withdrawn school transport from children attending a national school (details supplied) in County Cork; if he will approve a remote area grant to the eligible children concerned in the event of his Department not restoring the school bus service for 2009/2010; and if he will make a statement on the matter. [30774/09]

Under the terms of the Section 1.4 of the primary school transport scheme a service may be continued for as long as there are four eligible children and a minimum of six fare-paying children availing of the service.

Bus Éireann, which operates the School Transport Scheme, on behalf of my Department, has advised that the number of children offering for transport from the area referred to by the Deputy, in the details supplied, has fallen below the minimum number required to maintain this service. As a result, and in accordance with the terms of the Primary School Transport Scheme, the service was withdrawn with effect from the commencement of the current school year. The position may be reviewed should a sufficient number of eligible children apply for transport at a future date.

As the children in question are eligible for school transport, the parents have been advised that they may apply for a remote area grant towards the cost of making private transport arrangements.

Student Support Schemes.

Finian McGrath

Ceist:

1203 Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 5. [30776/09]

Under the terms of the maintenance grant schemes, grant assistance is awarded to students who meet the prescribed conditions of funding including those which relate to nationality, residency, means and previous academic attainment.

The Nationality requirement as set out in the 2009 Grant schemes states candidates must:

be a national of—

(i) an EU Member State,

(ii) a state which is a contracting state to the EEA Agreement

(iii) the Swiss Confederation or

a refugee or other person entitled for the time being to the rights and privileges specified in section 3 of the Refugee Act 1996; or

be a person, pursuant to the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006)—

(i) who the Minister for Justice, Equality and Law Reform has determined is eligible for the time being for subsidiary protection pursuant to Regulation 4 of those Regulations, or

(ii) to whom the Minister for Justice, Equality and Law Reform has granted permission for the time being in writing to enter and reside in the State pursuant to Regulation 16 of those Regulations; or

have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self-employed, in the State, or be the child of such a person, not having EU nationality; or

have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the child of such person, not having EU nationality; or

have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or

be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999. The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the relevant local authority or Vocational Education Committee.

The student referred to by the Deputy should seek information or clarification directly from the relevant assessing authority. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

Departmental Expenditure.

Alan Shatter

Ceist:

1204 Deputy Alan Shatter asked the Minister for Education and Science the steps he will take to address the concerns of the Protestant community arising from his change in the status of Protestant voluntary schools and the abolition of grants formerly paid to them; if his attention has been drawn to the recommendations contained in report of the special group on public service numbers and expenditure programmes regarding these schools are a cause of additional concern and alarm and a belief that their implementation will result in further discrimination against Protestant schools and the Protestant community and the possible closure of schools; if he will address these concerns and engage in discussions with the Protestant secondary school sector to ensure the future capacity of these schools to fully meet the needs of the Protestant community and for the purpose of allocating teachers to be restored to the same pupil teacher ratio as applies to schools in the free education scheme. [30785/09]

Olivia Mitchell

Ceist:

1273 Deputy Olivia Mitchell asked the Minister for Education and Science if his attention has been drawn to the disproportionate impact change in private school funding would have on schools of the Protestant faith; and if he will make a statement on the matter. [31420/09]

I propose to take questions 1204 and 1273 together.

I wish to reassure the Deputies that I, along with my colleagues in Government, recognise the importance of ensuring that students from a Protestant background can attend a school that reflects their denominational ethos.

The Deputies will be aware that I have met with representatives of both the Church of Ireland Board of Education and the Grand Orange Lodge of Ireland to discuss the funding position of Protestant schools and the background to the decision in the October budget to remove certain grants from fee-charging Protestant schools.

I have emphasised that no changes have been made to the block grant, which is expected to be €6.5 million in this school year. It covers capitation, tuition and boarding costs and is distributed through the Secondary Education Committee established by the churches concerned. This fund ensures that necessitous Protestant children can attend a school of their choice.

I wish to advise the Deputies also that my officials have met representatives from the Secondary Education Committee to discuss future funding arrangements for Protestant schools.

In this context, I have expressed my willingness to consider any proposals that might be made to my Department that would enable the available funding to be focused and adjusted to more effectively meet the twin objectives of access for individuals and sustaining the schools that they wish to attend, particularly those in rural areas.

As stated by the Deputies, the October Budget implemented changes in how all fee-charging schools are treated in relation to the number of publicly funded teaching posts they are allocated. With effect from 1 January 2009, teachers in fee-charging schools are allocated at a pupil teacher ratio of 20:1, which is a point higher than allocations in non fee-charging post-primary schools.

In view of the challenging economic circumstances that we are facing, I am not in a position to reverse this decision. This decision is justified on the basis that schools which have access to fees as an income source are in a better position to maintain services at a time when the public finances are under such severe pressure. Fee-charging schools can continue to employ additional teachers that they fund from their fee income.

In relation to the recommendations of the McCarthy Report, I wish to emphasise that these are options for the Government to consider for reducing overall expenditure. I and my colleagues in Government are considering the various options proposed in the report. No decisions have yet been taken. I will continue to work with representatives of the Protestant educational sector to ensure that State funding made available to the Protestant community is targeted in the fairest way possible to meet the needs of their children and their schools.

School Enrolments.

James Bannon

Ceist:

1205 Deputy James Bannon asked the Minister for Education and Science the reason a child (details supplied) in County Westmeath has been refused a place at a local secondary school despite an appeal against the refusal of a place being upheld and further despite the fact that he or she were a pupil at the national school on the same campus which would logically be assumed to be a feeder school; and if he will make a statement on the matter. [30789/09]

Willie Penrose

Ceist:

1302 Deputy Willie Penrose asked the Minister for Education and Science the steps he is taking to secure a place in secondary school for a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [31787/09]

I propose to take questions 1205 and 1302 together.

The determination by the Appeal Committee, formed under Section 29 of the Education Act, 1998, to hear this appeal, against a refused enrolment, was issued to both the school and family in August 2009. The determination upheld the parental appeal, and the accompanying directive issued to the school requested that they contact the family to arrange enrolment of this child.

My Department has remained in contact with the school and the parents since then and on Friday 11th September the school advised my Department that it had written to the family offering a place to this child. The family has confirmed to my Department that the child started at this post primary school on Monday 14th September.

School Transport.

Michael Creed

Ceist:

1206 Deputy Michael Creed asked the Minister for Education and Science the reason school transport has been withdrawn from children attending a national school (details supplied) in County Cork; and if he will approve a remote area grant to the eligible children concerned in the event that the school bus service for 2009/2010 is not restored; and if he will make a statement on the matter. [30799/09]

Under the terms of the Section 1.4 of the primary school transport scheme a service may be continued for as long as there are four eligible children and a minimum of six fare-paying children availing of the service.

Bus Éireann, which operates the School Transport Scheme, on behalf of my Department, has advised that the number of children offering for transport from the area referred to by the Deputy, in the details supplied, has fallen below the minimum number required to maintain this service. As a result, and in accordance with the terms of the Primary School Transport Scheme, the service was withdrawn with effect from the commencement of the current school year. The position may be reviewed should a sufficient number of eligible children apply for transport at a future date.

As the children in question are eligible for school transport, the parents have been advised that they may apply for a remote area grant towards the cost of making private transport arrangements.

Schools Building Projects.

Pádraic McCormack

Ceist:

1207 Deputy Pádraic McCormack asked the Minister for Education and Science the position regarding the provision of a new community school for Clifden, County Galway; and if he will make a statement on the matter. [30810/09]

The project to which the Deputy refers is currently at an advanced stage of architectural planning. The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, will be considered in the context of my Department's Multi-Annual School Building and Modernisation Programme. However in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

State Examinations.

Brian O'Shea

Ceist:

1208 Deputy Brian O’Shea asked the Minister for Education and Science if his attention has been drawn to a report regarding difficulties encountered by Irish speaking maths students (details supplied) when being tested in english; and if he will make a statement on the matter. [30817/09]

I am aware of the recent study which applied specially devised test instruments to 37 Irish speaking and 49 English speaking pupils in their first year of second level, with the Irish speaking students having switched to an English medium school after completion of Irish medium schooling at primary level.

Fifteen Irish medium and 6 English medium students were also tested at the transition point from second level into their first year of higher education. For the pupils in first year of second level, Irish medium students performed 8.7% better in the Irish medium test than they did in the same test through the medium of English. The differences were not significant in relation to the pupils making the transition to higher education.

The authors of the study recommend that assessment at such points of transition may need to take place in a student's first language initially to ensure it is appropriate and valid, and that knowledge of the difficulties that Gaelgeoirí may experience with the English mathematics register may help teachers to assist pupils in making the transition. Standardised tests at primary level in Mathematics are available to schools in both Irish and English. Second level schools are also strongly encouraged to liaise with the feeder primary school when making decisions based on the abilities and achievements of individual students, rather than relying exclusively on test results.

It is important to note that the students transferring from primary level were all in their first year of post primary schooling, and would have considerable further experience through the medium of English before encountering the certificate examinations. In addition, although the findings are consistent with similar studies in Malawi and New Zealand, the study did not relate to student performance in national examinations, and the sample size was very small. In the certificate examinations, candidates have the option of sitting their Mathematics examinations through Irish or English, in accordance with the preference on their entry forms. Bonus marks are awarded for completion of examinations through Irish. In addition, a student may ask for both the English and Irish versions of the examination paper.

The study emphasises the important role of language proficiency in the learning and understanding of mathematics, and the challenges faced by Gaelgeoiri in moving to an English speaking environment. It was undertaken by researchers in the National Centre of Excellence for Mathematics and Science Teaching and Learning, in the University of Limerick. My Department will discuss with the Centre and other relevant agencies how best the issues identified in the study can be addressed. An Coiste Téarmaíochta, under the auspices of Foras na Gaeilge, has published a range of dictionaries of technical terms. A dictionary of technical terms in Mathematics is in preparation at present.

EU Funding.

Joanna Tuffy

Ceist:

1209 Deputy Joanna Tuffy asked the Minister for Education and Science the amount of funding received from the European Union towards the building of third level colleges; and if he will make a statement on the matter. [30824/09]

Under the 2000-2006 round of Structural Funds, EU assistance towards to the costs of developing strategic research in Irish higher education institutions was claimed under the European Regional Development Fund (ERDF). Under the ERDF, a total of €52.97m approximately in EU aid was claimed under this measure.

Site Acquisitions.

Joanna Tuffy

Ceist:

1210 Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding the need for a new site in respect of a school (details supplied) in County Dublin; and if he will make a statement on the matter. [30825/09]

The Office of Public Works has been requested to acquire a site for the school in question. A suitable site has been identified. The further progression of the acquisition of the site will be considered in the context of the capital budget available to the Department for school buildings generally. In light of the many competing demands on the capital budget, it is not possible to give an indicative timeframe for the acquisition of the school site at this time.

Schools Building Projects.

Joanna Tuffy

Ceist:

1211 Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding the need for a permanent school building in respect of a school (details supplied) in County Dublin; and if he will make a statement on the matter. [30826/09]

My Department previously met with County Dublin Vocational Committee to discuss the matter of a site for the school and County Dublin VEC have agreed to dispose of the site adjacent to the existing school site to the Department under the terms of a 99 year lease. The Department has recently received the legal documents in question from the VEC and has instructed the CSSO to progress the matter. In light of current and competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Joanna Tuffy

Ceist:

1212 Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding the need for a permanent school building in respect of a school (details supplied) in County Dublin; and if he will make a statement on the matter. [30827/09]

The school to which the Deputy refers is currently sharing a purpose built facility with another school. It is my Department's intention to permanently accommodate the school in its own accommodation. The development of this accommodation will be considered in the context of the capital budget available to my Department for school buildings generally.

School Transport.

Paul Connaughton

Ceist:

1213 Deputy Paul Connaughton asked the Minister for Education and Science the reason children (details supplied) in County Galway have been denied school transport; if his attention has been drawn to the fact that when a school was closed in favour of a central school a guarantee was given that school transport would be provided; and if he will make a statement on the matter. [30839/09]

Under the terms of the Section 1.4 of the primary school transport scheme a service may be continued for as long as there are four eligible children and a minimum of six fare-paying children availing of the service.

Bus Éireann, which operates the School Transport Scheme, on behalf of my Department, has advised that the number of children offering for transport from the area referred to by the Deputy, in the details supplied, has fallen below the minimum number required to maintain this service. As a result, and in accordance with the terms of the Primary School Transport Scheme, the service was withdrawn with effect from the commencement of the current school year. The position may be reviewed should a sufficient number of eligible children apply for transport at a future date. As the children in question are eligible for school transport, the parents have been advised that they may apply for a remote area grant towards the cost of making private transport arrangements.

Ruairí Quinn

Ceist:

1214 Deputy Ruairí Quinn asked the Minister for Education and Science if he enforces guidelines regarding the opening and closing hours of primary schools; if primary schools are obliged to stay open until a certain hour of the day;if he can to amend the opening hours of a given school (details supplied) in County Donegal; if not, if he can ensure that the school transport scheme can be adjusted to accommodate the earlier closing time so that working parents do not have to leave work early to collect their children; and if he will make a statement on the matter. [30855/09]

Bus Éireann, which operates the school transport service on behalf of my Department, plans bus routes in such a way as to ensure that, as far as possible, pupils have a reasonable level of service while at the same time, ensuring that school transport vehicles are fully utilised in an efficient and cost effective manner.

Services generally operate at times which ensure that all eligible pupils arrive at school prior to the commencement of formal instruction, and are brought home as soon as possible after normal school finishing time.

The Rules for National schools require that a school must be open to receive pupils not later than 09.30 a.m. Subject to this requirement, the decision with regard to the actual opening time of a primary school is a matter for the Board of Management of the school concerned. Circular 11/95 states that a full school day at primary level comprises a period of not less than five hours and forty minutes.

Circular 11/95 and the Rules for National Schools also provide that pupils in infant classes may have a school day that is one hour shorter than the length of the normal school day, (i.e. 5 hours and forty minutes). It is a matter for the Board of Management of a particular school to decide whether this concession should be applied in the case of its school. If pupils in infant classes are being given a shorter day, their parents should be notified accordingly and invited to collect them at time of dismissal.

It is acknowledged that particular circumstances may arise whereby the implementation of the shorter day for pupils in infant classes may cause issues for some parents. Where this arises, my Department would encourage school authorities to engage with parents locally with a view to arriving at a mutually acceptable resolution.

Special Educational Needs.

Pat Breen

Ceist:

1215 Deputy Pat Breen asked the Minister for Education and Science, further to Parliamentary Question No. 71 of 10 June 2009, the progress on finalising a project (details supplied) in County Clare; and if he will make a statement on the matter. [30877/09]

I am pleased to advise the Deputy that the National Council for Special Education has established a special class in the school in question. The school authorities were informed of this decision in June 2009.

Pupil-Teacher Ratio.

Pat Breen

Ceist:

1216 Deputy Pat Breen asked the Minister for Education and Science further to Parliamentary Question No. 448 of 4 November 2008, the breakdown of primary school class sizes in County Clare for the 2008/2009 school year; the number of pupils in classes of 19 and under, 20 to 29, 30 to 39 and 40 plus per primary school commencing September 2009; and if he will make a statement on the matter. [30879/09]

The Statistics section of my Department's website now contains class size data at individual primary school level for the following school years, 2006\2007, 2007\2008 and 2008\2009. The information includes the number of pupils in each class, the number of pupils in each class size range and the number of teachers in each school. The Primary Census for the 2009/2010 school year will be carried out in the Autumn and the final outcome will be made available when this process is completed.

Special Educational Needs.

Finian McGrath

Ceist:

1217 Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 5. [30892/09]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNAs) to primary and post primary schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support.

Applications for SNAs may be considered by the NCSE where a pupil has a significant medical need for such assistance and where there are identified care needs arising from a diagnosed disability. A pupil's level of care may diminish over time as the child matures. Pupils may move to a different school or on to post-primary school. In such situations, the NCSE will review and adjust the SNA support required in the school. This may mean that some pupils who had previously been supported by a full time SNA may have their needs met through the shared support of an SNA or perhaps they may have no need for SNA support.

The NCSE will undertake to review a decision taken by a SENO on foot of a request from a school or parents/guardians, when accompanied by relevant additional information, which may not have been to hand at the time of the decision. The NCSE has outlined this process in its Circular 01/05.

I have arranged for the information provided by the Deputy to be forwarded to the NCSE for their direct reply.

John Cregan

Ceist:

1218 Deputy John Cregan asked the Minister for Education and Science if he will consult with the special education support service to ensure that a person (details supplied) in County Limerick receives the proper learning supports; and if he will make a statement on the matter. [30902/09]

I am assuming that the Deputy is referring to the National Council for Special Education (NCSE) which is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants to schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

Teaching Qualifications.

John Cregan

Ceist:

1219 Deputy John Cregan asked the Minister for Education and Science if in respect of the present departmental ruling whereby it is necessary for newly qualified teachers to complete their higher diploma within five years of qualifying, he will consider an alternative system due to the lack of full-time teaching posts available; and if he will make a statement on the matter. [30905/09]

In accordance with Circular 0140/2006, satisfactory completion of probation is a prerequisite for full recognition as a primary teacher and is contingent upon fulfilment of both service and professional requirements. Probation is normally completed after one full school year, but, in any event, must be completed within a period of five school years accumulated service from a teacher's first appointment in a primary school to any post recognised for probationary purposes, whether in a permanent, temporary or substitute capacity.

In the case of continuous service, where the professional requirements have been fulfilled, the probationary period terminates on the first anniversary of the date on which the teacher took up his/her first appointment in a post recognised for probationary purposes. In the case of broken service, where the professional requirements have been fulfilled, the probationary period terminates upon completion of 300 paid days service from the date of first appointment in a primary school to a post recognised for probationary purposes.

School Accommodation.

Leo Varadkar

Ceist:

1220 Deputy Leo Varadkar asked the Minister for Education and Science further to Parliamentary Question No. 1234 of 9 July 2009, the outcome of the assessment; and if he will make a statement on the matter. [30912/09]

As outlined to the Deputy in response to Parliamentary Question No. 1234 of 9 July 2009, the Forward Planning Section of my Department is in the process of identifying the areas where significant additional accommodation will be needed at primary and post-primary level for future years. The area referred to by the Deputy will be included in this process. Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments and the capacity of existing schools to meet demand for places. As previously advised, decisions will be taken on the means by which emerging needs will be met within an area once these factors have been considered.

Site Acquisitions.

Leo Varadkar

Ceist:

1221 Deputy Leo Varadkar asked the Minister for Education and Science the position regarding the acquisition of school sites and permanent buildings for a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [30913/09]

Leo Varadkar

Ceist:

1222 Deputy Leo Varadkar asked the Minister for Education and Science the position regarding the acquisition of school and permanent buildings for a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [30914/09]

Leo Varadkar

Ceist:

1223 Deputy Leo Varadkar asked the Minister for Education and Science the position regarding the acquisition of school and permanent buildings for a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [30915/09]

I propose to take Questions Nos. 1221 to 1223, inclusive, together.

As the Deputy will be aware, Fingal County Council are pursuing the acquisition of permanent sites for the schools in question under the Fingal Memorandum Agreement. I am advised that the Local Authority are in negotiations with the relevant landowners for the acquisition of these sites and as such I am not in a position to comment further as the acquisition of same will be dependent on the successful outcome of negotiations held by the local authority.

Leo Varadkar

Ceist:

1224 Deputy Leo Varadkar asked the Minister for Education and Science if the reserved site adjacent to a school (details supplied) in Dublin 15 has been transferred to his Department by Fingal County Council; his plans for the future use of the site; and if he will make a statement on the matter. [30916/09]

As the Deputy will be aware, the acquisition of the site in question is at Contract stage and I am advised that the Contracts are with the Chief State Solicitor's Office. The Chief State Solicitor's Office are engaged with the Local Authority's Solicitors in relation to pre-contract enquiries and a response is awaited. As previously advised, the site is required to provide adequate play space for the school community.

Higher Education Grants.

Mary Upton

Ceist:

1225 Deputy Mary Upton asked the Minister for Education and Science if he will address the issue of funding in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [30919/09]

The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the relevant local authority or Vocational Education Committee. The student referred to by the Deputy should seek information or clarification directly from the relevant assessing authority. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

Students are categorised according to their circumstances either as independent mature students, mature students residing with their parents or guardians, or as students other than mature students. In accordance with the Local Authorities (Higher Education Grants) Act 1992, a mature student is defined as a candidate who is at least 23 years of age on the 1st January of the year of entry or re-entry to an approved course. Where the applicant is not an independent mature student, the reckonable income to be determined for the purposes of the award of the maintenance grant is income from all sources of the candidate and his/her parents or guardians where applicable.

Educational Disadvantage.

Ciaran Lynch

Ceist:

1226 Deputy Ciarán Lynch asked the Minister for Education and Science his plans to provide access to culture for children in DEIS primary schools following the withdrawal of funding; the reason funding was cut off to an organisation (details supplied); and if he will make a statement on the matter. [30922/09]

My Department fully appreciates the importance of arts and culture to children's education and personal development. The arts help to promote a child's self esteem and enjoyment of learning. They also provide an important vehicle for personal enrichment and cultural expression, as well as creating awareness and respect for other cultures. Working through the arts helps to nurture and develop cognitive, communicative, emotional, imaginative, aesthetic, social, and spiritual intelligences and skills. Learning through guided activity and discovery, with children as active agents in their own learning and enrichment, is a vital part of this process. This is why arts education, through Music, Visual Arts, and Drama, and of course, through language, forms an integral part of the primary curriculum.

Schools in DEIS are particularly aware of the importance of the arts in addressing disadvantage, and in promoting success in learning. Many schools in DEIS use the flexible budgets they receive to promote integrated links with community arts organisations and to offer enrichment programmes in support of the curriculum. The company to which the Deputy refers is among a number of Theatre and Arts Groups that received funding from my Department over the last ten years to provide performances on relevant topics and drama/arts workshops in disadvantaged schools where the groups are located. This support was drawn from the Department's educational disadvantage budget which is primarily focussed on assisting schools in their efforts to cater for the specific educational needs of children from disadvantaged backgrounds. With the introduction of the DEIS (Delivering Equality of Opportunity in Schools) programme in 2006, significant additional capitation funding was made and continues to be made available to the 876 schools in DEIS. DEIS is designed to ensure that schools serving the most disadvantaged communities benefit from the maximum level of support available.

There is a need to focus targeted resources on the schools in most need and this approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006, which recommended that the Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communities. In light of the current economic downturn the Department's focus is to retain mainstream resources on core interventions in schools. Support for the Theatre Groups is not consistent with this focus and such spending cannot be regarded as a priority. While it is appreciated that the discontinuation of these resources will impact on the groups, given the extremely challenging economic circumstances, difficult decisions had to be made in order to contain public sector spending. As the main focus of Social Inclusion measures is to retain resources in DEIS schools, these schools may at their discretion choose to use some of their additional disadvantaged capitation to avail of the services provided by the Theatre Groups.

Question No. 1227 answered with Question No. 1195.

School Accommodation.

Michael McGrath

Ceist:

1228 Deputy Michael McGrath asked the Minister for Education and Science the position regarding an application by a primary school (details supplied) in County Cork for additional temporary accommodation and furniture. [30929/09]

I am pleased to inform the Deputy that grant aid has been allocated to the school in question in respect of an additional prefabricated classroom and furniture.

Employment Support Services.

Ruairí Quinn

Ceist:

1229 Deputy Ruairí Quinn asked the Minister for Education and Science if he will provide a list of every course in every institution which is open to applications under the Higher Education Authority labour market activation programme; the number of successful applications made by 8 September 2009; his plans to expand the range of courses on offer; and if he will make a statement on the matter. [30931/09]

The list of every course in every higher education institution that is open to applications under the Labour Market Activisation (LMA) part time undergraduate and postgraduate programme is listed in the following table. Applications for the 2,500 LMA courses (both undergraduate and postgraduate) are still open in many higher education institutions. The institutions are in the process of assessing applications and making offers while students are also in the process of making applications and considering offers (students may make multiple applications and therefore receive multiple offers of which only one can be accepted). Therefore, it is not possible at this point in the process to provide an accurate figure for the number of successful applications.

However the total number of applications received to date across the sector has been high and the indications are that all places will be filled. Final information on applications and acceptances will be available once the approval and acceptances processes are completed in the higher education institutions. The scope to introduce further labour market activation initiatives in the third level sector is under consideration by my Department and the HEA and in the context of ongoing discussions with other Government Departments on developing appropriate upskilling training and education responses for unemployed people.

It should also be noted that in addition to the 2,500 part time places which are being made available on the LMA courses, all full time higher education programmes can also be accessed by unemployed people. Unemployed people who secure a full-time third level place may be eligible to participate in the Department of Social and Family Affairs Back to Education Allowance Scheme. Under this scheme, unemployed people in full time education receive a Back to Education allowance which is equivalent to the maximum personal rate of the Job Seekers Allowance. Recipients also receive a Cost of Education allowance of €500 per annum. Unemployed people on full-time third level programmes may also be eligible for support under this Department's Student maintenance Grant Scheme.

Provision of grants is subject to a means test and other eligibility criteria. Further information on how to apply for a student maintenance grant is available on the Student Finance website: www.studentfinance.ie.

Panel Recommendations Call B

Programmes

Intake

Institutes of Technology

Athlone Institute of Technology

Higher Diploma in Business

HEI Total

40

Institute of Technology Blanchardstown

Higher Diploma in Science in Computing in Software Engineering

Masters of Computing

HEI Total

30

Institute of Technology Carlow

Higher Diploma in Business (Management)

HEI Total

20

Cork Institute of Technology

Certificate in Advanced Software Development

Certificate in Advanced Industrial Automation

Certificate in Product Design and Development

Certificate in Environmental and Energy Engineering

Certificate in Chemical and Biopharmaceutical Engineering

Certificate in Embedded Systems Engineering

HEI Total

75

Dublin Institute of Technology

Postgraduate Certificate in Energy Management

Postgraduate Diploma in Energy Management

MSc in Energy Management

Postgraduate Certificate in Pharmaceutical and Chemical Process Technology

Postgraduate Certificate in Software Development

HEI Total

130

Dun Laoghaire Institute of Art, Design and Technology

Postgraduate Diploma in Digital Media

HEI Total

10

Dundalk Institute of Technology

Higher Diploma in Science and Computing

Higher Diploma in Business in Small Enterprise Support

HEI Total

40

Letterkenny Institute of Technology

Higher Diploma in Computing

Higher Diploma in Arts in Financial Services Technologies

Postgraduate Diploma in Accounting

HEI Total

40

Institute of Technology Sligo

Masters of Science in Quality Management and Technology

Postgraduate Diploma in Biopharmaceutical Science

HEI Total

30

Institute of Technology Tallaght Dublin

MSc Information Technology Management

Postgraduate Diploma — Information Technology Management

MSc — Pharmaceutical Production

Higher Diploma in Pharmaceutical Production

HEI Total

45

Waterford Institute of Technology

Higher Diploma in Computing — Business Systems Analysis

Masters in Electronic Engineering

Masters of Science — Sustainable Energy Engineering

Master of Engineering Science in Innovative Technologies

HEI Total

40

Universities

University College Dublin

Graduate Certificate in Entrepreneurship “Dare to Venture”

Graduate Certificate in ICT Skills

Graduate Certificate in NanoBio Science

Graduate Certificate in Green Technologies

Graduate Certificate in Sustainable Agriculture and Rural Development

HEI Total

190

University College Cork

Postgraduate Diploma in Biotechnology

Postgraduate Diploma in Computing Science

HEI Total

20

NUI Galway

Postgraduate Diploma in Enterprise Management

Postgraduate Diploma in International Business

MSc (Business Information Systems)

MSc (Accounting)

Postgraduate Diploma in Technology Commercialisation

HEI Total

43

NUI Maynooth

MA in Accounting

MSc Economic and Financial Risk Analysis

Postgraduate Diploma in Electronic Engineering/ Postgraduate Diploma in Electronic Engineering majoring in Biomedical Science

Higher Diploma in Information Technology

Higher Diploma in Mathematics

Higher Diploma in Statistics

HEI Total

65

Dublin City University

Graduate Certificate/Graduate Diploma in Science Education

Graduate Diploma in Plasma and Vacuum Technology

Graduate Certificate in Corporate Treasury

MSc in Investment, Treasury and Banking

(1) Msc in Information Systems Strategy, (High ICT content)

(2) MSc in Internet Systems, (High ICT content)

(3) MSc in Operations (Low ICT content) (Exit Points at Graduate Certificate and Graduate Diploma)

HEI Total

36

Trinity College Dublin

Postgraduate Diploma in Computing with Advanced Interdisciplinary Outlook

Postgraduate Diploma in Computing (Conversion) with Interdisciplinary Outlook

HEI Total

25

Shannon Consortium

University of Limerick

Specialist Diploma in Web Application Development

Specialist Diploma in Lean Healthcare

Specialist Diploma in Lean Sigma Systems

Specialist Diploma in Technology Commercialisation

Specialist Diploma in Project Management

Specialist Diploma in International Financial Services

HEI Total

100

Limerick Institute of Technology

M.Sc. in Computing

HEI Total

10

Institute of Technology Tralee

Certificate in Business Information Systems

HEI Total

10

Overall Total

999

Schools Building Projects.

Michael McGrath

Ceist:

1230 Deputy Michael McGrath asked the Minister for Education and Science if he will respond to correspondence submitted to his Department regarding a primary school (details supplied) in County Cork. [30940/09]

The school to which the Deputy refers has applied for large scale capital funding for an extension project. The application has been assessed and assigned a band rating of 2.2. I can confirm that a reply has issued directly to the Deputy in relation to the correspondence to which he refers.

School Transport.

Paul Connaughton

Ceist:

1231 Deputy Paul Connaughton asked the Minister for Education and Science if a decision has been made on a request to move a pick-up point closer to the home of a person (details supplied) in County Galway; if his attention has been drawn to the fact that such a change will benefit two other families; and if he will make a statement on the matter. [30943/09]

Primary school transport routes are planned so that, as far as possible, no eligible child will have more than 2.4 kilometres to travel to a pick-up point. Pupils living off the main route of a service are expected to make their own way, or to be brought to convenient pick-up points along the main route. Home pick-ups were never envisaged as being part of the Primary School Transport Scheme.

Bus Éireann, which is responsible for the operation of the school transport scheme, on behalf of my Department, has advised that the pupil referred to by the Deputy, in the details supplied, resides 0.6 kilometres from the existing pick up point. Bus Éireann has also advised that two children in another family reside 0.7 kilometres from the existing pick up point. The families concerned should liaise with their local Bus Éireann office regarding the availability of a payable extension to the current service.

Residential Institutions Redress Scheme.

Michael Ring

Ceist:

1232 Deputy Michael Ring asked the Minister for Education and Science if he will introduce an amendment to the Residential Institutions Redress Act 2002, to allow for an application to be continued by a parent or siblings of the deceased. [30970/09]

The Residential Institutions Redress Act, 2002, currently allows for the children or spouse of a former resident to continue with an application to Board where the applicant dies after making the application but before a determination is made by the Board. There is no provision to allow any other family member, such as parents or siblings, to continue with the application in such circumstances.

The primary focus of the Redress Scheme was the provision of financial redress to persons who had suffered abuse while resident in certain institutions. As with any such scheme,of necessity there must be restrictions and, while the Government makes an effort to have such schemes as inclusive as possible, this must be balanced with the financial exposure of the taxpayers of the country. In the case of the Redress Board, the Government, in allowing spouses and children to proceed with the applications was attempting to strike this balance. In the circumstances, I therefore have no plans to amend the legislation for the purpose referred to by the Deputy.

Third Level Charges.

Jim O'Keeffe

Ceist:

1233 Deputy Jim O’Keeffe asked the Minister for Education and Science if his attention has been drawn to the difficulties that have arisen, in particular for first year college students, who due to the delays in notification of the Higher Education Authority scheme to local authorities for 2009, have not yet been issued with their letter of grant award and consequently have been told by college authorities that they must pay registration fees of €1,500 up front; and if he will make arrangements to ensure this problem is dealt with. [31002/09]

Where a candidate qualifies for a maintenance grant, and is pursuing an approved course to which the Free Fees Initiative applies, the assessing authorities will award a grant in respect of the Student Services Charge. This grant — of up to €1,500 for 2009/10 — is paid directly to the institution by the assessing authority. A student approved for grant assistance will receive an award letter from their assessing authority which they should produce to the fees office of their institution. The institution will then invoice the relevant assessing authority accordingly. Any student who has already commenced their course and paid their student services charge, who is subsequently approved for grant assistance under the grant scheme, will be reimbursed by their institution to the value of student services charge invoiced to, and paid by, the assessing authority under the relevant grant scheme.

The organisation and management of student support scheme grants is a matter for individual Vocational Educational Committees and Local Authorities. These bodies seek to ensure that students get decisions on their grant applications and are paid as soon as possible. It is essential that students return fully completed application forms and all necessary supporting documentation as early as possible to enable decisions to be made with regard to entitlement.

Higher Education Grants.

Ruairí Quinn

Ceist:

1234 Deputy Ruairí Quinn asked the Minister for Education and Science if his Department has been slow to pay moneys for student grants to local authorities; his views on the difficulties that have occurred with Sligo County Council in relation to receiving payment from his Department; if Committee Stage of the Student Support Bill 2008 will be taken during this Dáil term; and if he will make a statement on the matter. [31012/09]

The normal procedure for the recoupment of funding paid by local authorities in respect of first instalment of the maintenance grant is that the Department sends out the recoupment form to local authorities during the first week in November for return to the Department by the third week in November. The recoupment arrangements are being kept under continuous review particularly in light of the current economic climate, where grant assessing authorities may face additional challenges in terms of financial management.

The Department received a representation from Sligo County Council on 24th August 2009 requesting the co-operation of the Department to advance moneys to the local authority in order to facilitate paying eligible students for the first grant instalment of 2009/10. The Department responded to Sligo County Council on the 31st August forwarding a claim form for the first recoupment of the 2009/10 academic year in order to facilitate the local authority in making an early claim. Sligo County Council was advised that this early claim would be given high priority once received. I understand that the claim in respect of the first instalment was subsequently received from Sligo County Council on 11 September, allowing for processing of the claim.

The current position in relation to the Student Support Bill is that resources are not currently available to advance transition to new administrative arrangements in the immediate future. However, I am anxious to progress to a single scheme of grants as provided for in the Bill at the earliest possible date, while further exploring the options for administrative streamlining in the context of budgetary considerations and the Government's overall programme of public service reform, Transforming Public Services. This will require a number of amendments to the Bill and my Department has been working closely with the Office of the Attorney General in that regard. Subject to any technical, drafting and legal considerations arising, I hope to be in a position to have these amendments advanced sufficiently in order to progress to Committee Stage in the autumn session.

Schools Refurbishment.

John McGuinness

Ceist:

1235 Deputy John McGuinness asked the Minister for Education and Science if the contract cost and detail has been agreed for the school extension and refurbishment at a school (details supplied) in County Kilkenny; when the project will commence; the time frame involved; and if he will make a statement on the matter. [31016/09]

The project to which the Deputy refers is currently at Stage 2b (Detailed Design). The Design Team's Stage 2b submission has been examined by my Department and a number of issues have been raised. The Board of Management and Design Team have been requested to confirm in writing when all the issues have been addressed, and confirm full compliance. Upon receipt of the necessary confirmations, the project will be considered for progression to Tender Stage.

School Transport.

John McGuinness

Ceist:

1236 Deputy John McGuinness asked the Minister for Education and Science if the school bus route servicing areas in County Kilkenny will be amended to provide a direct service to families living in same areas; and if he will make a statement on the matter. [31017/09]

The Transport Liaison Officer for County Kilkenny or Bus Éireann have no record of any queries on file in respect of families living in the areas referred to by the Deputy. If the Deputy supplies the names of the families/schools in question, my Department will investigate the circumstances and advise him of the outcome.

Question No. 1237 answered with Question No. 1131.

Higher Education Grants.

Michael Ring

Ceist:

1238 Deputy Michael Ring asked the Minister for Education and Science if he will provide the maintenance grant in respect of courses (details supplied) in view of the fact that funding for this has been withdrawn. [31042/09]

The courses referred to by the Deputy are not eligible courses under my Department's student maintenance grant schemes, which provide for grants only on a means-tested basis. I understand that discussions are currently ongoing between Fáilte Ireland, Institutes of Technology Ireland and the Higher Education Authority in relation to the future management and administration of these courses and the levels of award to be made to graduating students.

Schools Building Projects.

Niall Collins

Ceist:

1239 Deputy Niall Collins asked the Minister for Education and Science the status of a building project (details supplied) in County Limerick; and if he will make a statement on the matter. [31216/09]

The project to which the Deputy refers is currently out to tender. When the tenders have been returned and assessed the project will be considered for progression to the award stage.

Michael D'Arcy

Ceist:

1240 Deputy Michael D’Arcy asked the Minister for Education and Science the number of schools funded by his Department of two, three and four classroom size which need new buildings or extensions, on a county basis; the cost to his Department of each project outside of the devolved grant aid scheme; and if he will make a statement on the matter. [31217/09]

Information in respect of the current school building programme along with all applications for major capital works, including those to which the Deputy refers, are now available, on a county basis, on my Department's website at www.education.ie. The Department does not classify applications by school size as projects are prioritised and progressed on the basis of need rather than on school size. Details in relation to the costs associated with individual school projects would only be available if and when projects are approved by my Department to proceed and a tender price is accepted.

Departmental Staff.

Niall Collins

Ceist:

1241 Deputy Niall Collins asked the Minister for Education and Science if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31226/09]

In accordance with the Civil Service Code of Standards and Behaviour officials of my Department who, as an integral part of their official duties, are members of boards of agencies under the aegis of my Department do not receive payment other than appropriate travel and subsistence expenses.

Question No. 1242 answered with Question No. 1149.

Schools Building Projects.

Sean Sherlock

Ceist:

1243 Deputy Seán Sherlock asked the Minister for Education and Science the status of an application for funding for a new school by a school (details supplied) in County Cork; if he will clarify if there is a devolved grant or mechanism by which the new school can be funded; and if he will make a statement on the matter. [31240/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. The school have made an application for large scale capital funding which is the appropriate course of action for such a project.

Sean Sherlock

Ceist:

1244 Deputy Seán Sherlock asked the Minister for Education and Science the current status of an application for funding for a new school by a school (details supplied) in County Cork; if he will clarify if there is a devolved grant or mechanism by which the new school can be funded; and if he will make a statement on the matter. [31241/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. The school have made an application for large scale capital funding which is the appropriate course of action for such a project.

Sean Sherlock

Ceist:

1245 Deputy Seán Sherlock asked the Minister for Education and Science if he will expedite an application by a school (details supplied) in County Cork for works under the capital works programme; and if he will make a statement on the matter. [31250/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

A further application was received for 1 mainstream classroom in April 2009. My Department approved a devolved grant for 1 mainstream classroom for the purchase of a prefab or the building of the additional accommodation required.

Question No. 1246 answered with Question No. 1158.

Sean Sherlock

Ceist:

1247 Deputy Seán Sherlock asked the Minister for Education and Science the current status of an application for a new school building by a school (details supplied) in County Cork; and if he will make a statement on the matter. [31254/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Sean Sherlock

Ceist:

1248 Deputy Seán Sherlock asked the Minister for Education and Science when he will give the go ahead to a school (details supplied) in County Cork that has been waiting for more than ten years for a new school to proceed to design stage; and if he will make a statement on the matter. [31258/09]

Schedules of overall accommodation for the school to which the Deputy refers have been agreed with Co. Cork Vocational Education Committee to cater for a long term enrolment of 325 pupils.

The progression of all large scale building projects, including these projects, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of these projects at this time.

In the meantime, it is open to the school to apply under the Summer Works Scheme for works to provide access for all pupils.

Grant Payments.

John Cregan

Ceist:

1249 Deputy John Cregan asked the Minister for Education and Science if he will provide funding for the provision of much needed white boards and physical education equipment; and if he will make a statement on the matter. [31264/09]

Standard whiteboards cost in the region of €110/€150 depending on size. In respect of standard whiteboards and furniture in general existing schools may apply for funding to my Department under the Furniture and Equipment Grant Scheme.

My Department is committed to the provision, maintenance and modernisation of physical education and physical activity facilities in our schools for our children and young people.

New curricula are in place for PE in primary schools and at Junior Cert level. Primary schools received €2000 each in PE equipment grants in 2006, at a total cost of €6.5 million. A similar grant of €4,000 per school, at an overall cost of around €3 million, issued to post-primary schools in 2007. In addition, since 2000 my Department has provided in excess of €5.5m in grant-aid to primary schools to facilitate the provision of coaching or mentoring in connection with physical education or to purchase resource materials associated with the provision of physical education. Such materials and equipment would normally have a useful life of several years.

It is also open to primary schools to use their annual minor works grant to purchase items of furniture and/or equipment. Individual primary schools received a grant in the sum of €5,500 plus €18.50 per pupil for the current school year.

Schools Building Projects.

Joe Carey

Ceist:

1250 Deputy Joe Carey asked the Minister for Education and Science the position regarding the application for development and upgrade of a school (details supplied) in County Clare; and if he will make a statement on the matter. [31265/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

I am pleased to be able to confirm to the Deputy that the school recently received approval for grant aid for the provision of an additional classroom.

Question No. 1251 answered with Question No. 1195.
Question No. 1252 answered with Question No. 1200.

Olivia Mitchell

Ceist:

1253 Deputy Olivia Mitchell asked the Minister for Education and Science the status of the funding application for the replacement school by a school (details supplied) in Dublin 16; when a decision will be available; and if he will make a statement on the matter. [31329/09]

The building project for the schools to which the Deputy refers is currently at an advanced stage of architectural planning. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie.

My Department recently granted approval to the schools in question to seek planning permission and a fire safety certificate with the Local Authority.

Further progression of this project through to tender and construction will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the Department's capital budget, it is not possible to give an indicative timeframe for the further progression of the project at this time.

Higher Education Grants.

Denis Naughten

Ceist:

1254 Deputy Denis Naughten asked the Minister for Education and Science the charges he will introduce to the higher education grant scheme from 2010 onwards; the changes proposed for independent mature candidates; and if he will make a statement on the matter. [31349/09]

When I announced details of the student maintenance grant schemes for the 2009/2010 academic year I also gave notice that, with effect from the start of the 2010/11 academic year, further changes will be introduced. These include:

Some social welfare allowances, including the Back to Education Allowance which had been excluded in the means-testing process, will be included as reckonable income in assessing eligibility for student grants;

The income tax adjustment for farm stock relief will be disregarded in calculating reckonable income for means-testing purposes;

The residency requirement in the State for grant eligibility will be increased from one year to three out of the past five years for the student — a move that's in line with provisions already outlined in the Student Support Bill;

The duration of the break in studies required for re-entry as an independently assessed mature student will be increased from one year to three years.

I announced these changes for the 2010/11 academic year so that students and their families are notified well in advance. The new measures will ensure better equity and equality in calculating eligibility to student maintenance grants so that we can continue to target public resources at those who need them most.

As in previous years a review of the terms and conditions for the 2010 maintenance grant schemes will be evaluated as part of the annual review undertaken by my Department.

Languages Programme.

Denis Naughten

Ceist:

1255 Deputy Denis Naughten asked the Minister for Education and Science if the inspectorate of his Department has completed its evaluation of the provision of English as an additional language; the conclusions of this evaluation; the steps being taken to implement its recommendations; and if he will make a statement on the matter. [31352/09]

The Inspectorate conducted a thematic evaluation of the provision for English as an Additional Language (EAL) in 30 primary schools and 15 post-primary schools during the period September to December 2008. The inspections focused on the quality of provision, planning and support for EAL students and included evaluation of the teaching and learning of EAL students in both EAL support classes and mainstream classes in the sample of schools. The views of a large sample of pupils and parents were captured through questionnaires.

Following the in-school evaluation activity the inspector(s) provided oral feedback on the outcomes of the evaluation to the principal and teachers, and also to the board of management in the case of primary schools. Each school was subsequently issued with an individual report setting out the findings and recommendations relating to EAL provision in the school. A significant number of the evaluation reports have been published on the Department's website (www.education.ie). The remaining individual reports will be available on the website when they have passed through all stages of the publication process.

The Inspectorate's Evaluation Support and Research Unit is currently analysing the data emanating from the various components of this thematic evaluation of EAL. Emerging trends are in the process of being identified for inclusion in the Inspectorate's composite reports on the quality of EAL provision which will be published on the Department's web site in 2010.

Schools Building Projects.

Denis Naughten

Ceist:

1256 Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a building by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31359/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1257 Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a building by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31360/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1258 Deputy Denis Naughten asked the Minister for Education and Science the status of a building application by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31361/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1259 Deputy Denis Naughten asked the Minister for Education and Science the status of an application to the primary school building unit by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31362/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1260 Deputy Denis Naughten asked the Minister for Education and Science the status of an application to the primary school building unit by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31363/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1261 Deputy Denis Naughten asked the Minister for Education and Science the status of a primary school building unit application by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31364/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1262 Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the primary school building unit; and if he will make a statement on the matter. [31365/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1263 Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the primary school building unit; and if he will make a statement on the matter. [31366/09]

The school to which the Deputy refers was one of ten projects announced to be re-tendered in January 2009. In order to prepare for tender and to comply with the new form of Government contract, the school was required to submit a new Stage 2b (detailed design).

Following the receipt and clearance of the Stage 2b submission, the project was authorised to go tender in May and a tender report was received by the Department in July. The Department wrote to the school in August with its comments on the Tender Report and requested that a revised Tender Report be submitted.

A revised Tender Report was received in my Department recently. This revised Report will be assessed as soon as possible and the project will be considered for progression to the next stage i.e. the award stage.

Denis Naughten

Ceist:

1264 Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the post-primary school building unit; and if he will make a statement on the matter. [31367/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest.

Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1265 Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the post-primary school building unit; and if he will make a statement on the matter. [31368/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating.

Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1266 Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the post-primary school building unit; and if he will make a statement on the matter. [31369/09]

I am pleased to inform the Deputy that the project at the school to which he refers was included in my announcement earlier this year of 43 projects to proceed to tender and construction. Information in respect of the current school building programme, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The project is at an advanced stage of architectural planning and my Department is currently assessing a stage 2(b) submission from the Design Team. Stage 2(b) is the immediate precursor to tender and construction.

Following review of the Stage 2(b) submission my Department will revert to the school regarding next steps in the progression of the project towards tender and construction.

Denis Naughten

Ceist:

1267 Deputy Denis Naughten asked the Minister for Education and Science the status of a post-primary school building unit application by a school (details supplied) in County Leitrim; and if he will make a statement on the matter. [31370/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating.

Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1268 Deputy Denis Naughten asked the Minister for Education and Science the status of an application to the post-primary school building unit by a school (details supplied) in County Leitrim; and if he will make a statement on the matter. [31371/09]

The post primary school project referred to by the Deputy is included in the list of seven schools which I have approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership.

This Bundle is in the pre procurement stage and my Department has completed a round of stakeholders' meetings in each of the locations where PPP schools are to be provided. A detailed output specification and Public Sector Benchmark is currently being prepared. In addition applications for outline planning permission have recently been submitted to the local authorities in respect of a number of the locations, including the one referred to by the Deputy.

On successful completion of this process, the Bundle will be handed over to the National Development Finance Agency (NDFA) for procurement.

The indicative timeframe for the delivery of a PPP school currently stands at approximately 4 years from the date the Bundle is announced.

Denis Naughten

Ceist:

1269 Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a school building by a school (details supplied) in County Galway; and if he will make a statement on the matter. [31372/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1270 Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a new school building by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31373/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Denis Naughten

Ceist:

1271 Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a new school building by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31374/09]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Capitation Grants.

Denis Naughten

Ceist:

1272 Deputy Denis Naughten asked the Minister for Education and Science her plans to address the discrepancy in the level of funding provided to voluntary second level schools and those in the community and comprehensive sector; and if he will make a statement on the matter. [31379/09]

The funding arrangements made by my Department for second-level schools reflect the sectoral division of our second-level system. At the core of all arrangements is reliance upon capitation as the principal determinant of funding.

My Department provides funding to secondary schools by way of per capita grants, which affords schools considerable flexibility in the use of these resources to cater for the needs of their pupils.

There have been significant improvements in recent years in the level of funding for voluntary secondary schools. With effect from January 2009, the standard per capita grant was increased by €14 per pupil and now amounts to €345 per pupil. In addition, voluntary secondary schools have benefited by the increase of €8 per pupil in 2009 in the support services grant bringing that grant to €212 per pupil.

The cumulative increase of €22 per pupil in a voluntary secondary school brings the aggregate grant to €557 per pupil. These grants are in addition to the per capita funding of up to €40,000 per school that is also provided by my Department to secondary schools towards secretarial and caretaking services. For example, in the case of a secondary school with 500 pupils, this brings annual grants towards general expenses and support service to over €318,500. The corresponding figure in 2000 was approximately €147,300.

Budget allocations for schools in the Community and Comprehensive school sector, along with those in the VEC sector, are increased on a pro rata basis in line with increases in the per capita grant paid to voluntary secondary schools. All schools are eligible for recurrent per capita grants towards special classes and curricular support grants.

My Department has provided an estimated €18.4 million per annum to voluntary secondary schools in equalisation funding to date.

These significant increases in the funding of post-primary schools are a clear demonstration of the Government's commitment to prioritise available resources to address the needs of schools. I will consider how best to complete the process of equalisation of funding at second level, as envisaged in the Programme for Government 2007-2012, having regard to available resources.

Question No. 1273 answered with Question No. 1204.

School Accommodation.

Bernard J. Durkan

Ceist:

1274 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the construction of additional classrooms under the permanent accommodation scheme; when same will be completed at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [31430/09]

In 2007 the school in question received approval to build additional classrooms under the devolved Permanent Accommodation Scheme (PAS) and a grant on this basis was approved. The Board of Management was subsequently approved extra funding in relation to additional costs arising on the project. The project is under construction at present.

Schools Building Projects.

Bernard J. Durkan

Ceist:

1275 Deputy Bernard J. Durkan asked the Minister for Education and Science the progress over the summer 2009 period with regard to the construction of new school and extra facilities at Kill, County Kildare; if same is on target to be completed within 12 months; and if he will make a statement on the matter. [31431/09]

The new primary school in Kill commenced on site in June 2009 it is envisaged that it will be ready for occupation in September 2010.

Bernard J. Durkan

Ceist:

1276 Deputy Bernard J. Durkan asked the Minister for Education and Science the position regarding an application for a new school submitted by a school (details supplied) in County Kildare; his plans to progress same in the next six months; and if he will make a statement on the matter. [31515/09]

Bernard J. Durkan

Ceist:

1278 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large-scale capital funding which it applied for in 2000; and if he will make a statement on the matter. [31517/09]

Bernard J. Durkan

Ceist:

1279 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large-scale capital funding which they applied for in 2006; and if he will make a statement on the matter. [31518/09]

Bernard J. Durkan

Ceist:

1280 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large-scale capital funding which it applied for in 2004; and if he will make a statement on the matter. [31519/09]

Bernard J. Durkan

Ceist:

1286 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under the application for large-scale capital funding in view of increased demands on the school; and if he will make a statement on the matter. [31525/09]

Bernard J. Durkan

Ceist:

1292 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in Co. Kildare will be granted funding under the application for large-scale capital funding in view of ongoing increased demands on the school; and if he will make a statement on the matter. [31531/09]

Bernard J. Durkan

Ceist:

1293 Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large-scale capital funding for the provision of a major extension to include additional classroom accommodation in view of increased demands on the school; and if he will make a statement on the matter. [31532/09]

I propose to take Questions Nos. 1276, 1278 to 1280, inclusive, 1286, 1292 and 1293 together.

I can confirm that the schools to which the Deputy refers have made applications to my Department for large scale capital funding. The applications has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the projects referred to by the Deputy, are now available on my Departments website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including the projects in question, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the projects at this time.

Bernard J. Durkan

Ceist:

1277 Deputy Bernard J. Durkan asked the Minister for Education and Science the position regarding the construction of the extension to a school (details supplied) in County Kildare; if same is on target to be completed by the end of 2009; if delays are anticipated; if so, the reason for same; and if he will make a statement on the matter. [31516/09]

I am pleased to inform the Deputy that the new school in question to cater for 1000 pupils is complete and is currently in operation

Questions Nos. 1278 to 1280, inclusive, answered with Question No. 1276.

Bernard J. Durkan

Ceist:

1281 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the construction of six classrooms at a school (details supplied) in County Kildare; if the project is on target to be completed in the next three months; and if he will make a statement on the matter. [31520/09]

A two classroom extension plus ancillary accommodation was completed at the school referred to by the Deputy earlier this year. A further 6 classrooms are currently under construction and it is envisaged that they will be completed by the end of 2009. When the current extension is completed the school will be a 24 classroom school.

Bernard J. Durkan

Ceist:

1282 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to construction of permanent facilities for a school (details supplied) in County Kildare; and if he will make a statement on the matter. [31521/09]

I am pleased to inform the Deputy that a new permanent 16 classroom school for the school in question opened in September 2009.

Bernard J. Durkan

Ceist:

1283 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to extra classroom accommodation at a school (details supplied) in County Kildare; if the funding was drawn down; if same was used for prefab accommodation or permanent classroom accommodation; and if he will make a statement on the matter. [31522/09]

The school in question was approved funding last May for the purchase of a prefabricated classroom with the option to provide instead a permanent room for the same funding. The school has indicated to my Department that it intends providing a permanent room instead of a prefab. No funding been drawn down to date.

Bernard J. Durkan

Ceist:

1284 Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for an extension to a school (details supplied) in County Kildare in view of the fact that stage 2b was submitted by the school to his Department some time ago; and if he will make a statement on the matter. [31523/09]

Tenders for the project referred to by the Deputy were invited and responses from interested contractors were due back to the school's Design Team on 2nd September 2009.

Once the Design Team has assessed the tenders, it will prepare a Tender Report and forward it to the Department for assessment. When the Tender Report is received and assessed, the project will then be considered for progression to the next stage i.e. the award stage.

Bernard J. Durkan

Ceist:

1285 Deputy Bernard J. Durkan asked the Minister for Education and Science the progress to date in relation to building works at a school (details supplied) in County Kildare in view of the fact that tenders were submitted over the summer 2009 months; and if he will make a statement on the matter. [31524/09]

As part of the expansion of the Permanent Accommodation Scheme 2007, a capital grant was sanctioned to the school in question to enable the management authority to provide 4 additional resource rooms. As a devolved scheme, it is a matter for the Board of Management and its Consultant to progress the matter. However, I understand that the contractor has recently commenced on site.

Question No. 1286 answered with Question No. 1276.

Bernard J. Durkan

Ceist:

1287 Deputy Bernard J. Durkan asked the Minister for Education and Science the estimated schedule for the provision of necessary works at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [31526/09]

I am pleased to inform the Deputy that the school in question has been recently authorised to issue a Letter of Acceptance to the lowest tenderer and it is envisaged that work should commence on site by the end of this month.

Bernard J. Durkan

Ceist:

1288 Deputy Bernard J. Durkan asked the Minister for Education and Science if he has received submission of stage 2b documentation from a school (details supplied) in County Kildare; his plans to progress same in the next six months; and if he will make a statement on the matter. [31527/09]

I am pleased to inform the Deputy that the project at the school to which he refers was included in my announcement earlier this year of 43 projects to proceed to tender and construction. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie.

My Department is currently awaiting the submission of the stage 2(b) documentation from the Design Team for the project at this school.

Following receipt and review of the Stage 2(b) submission my Department will revert to the school regarding next steps in the progression of the project towards tender and construction.

Bernard J. Durkan

Ceist:

1289 Deputy Bernard J. Durkan asked the Minister for Education and Science if he has received submission of stage 2b documentation from a school (details supplied) in County Kildare; his plans to progress same in the next six months; and if he will make a statement on the matter. [31528/09]

I am pleased to inform the Deputy that the project at the school to which he refers was included in my announcement earlier this year of 43 projects to proceed to tender and construction. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie.

The Stage 2b documentation to which the Deputy refers was very recently received by my Department and is currently under consideration. My Department will revert to the school on the next steps towards tender and construction when the stage 2(b) submission has been reviewed.

Bernard J. Durkan

Ceist:

1290 Deputy Bernard J. Durkan asked the Minister for Education and Science if he has received submission of stage 2b documentation from a school (details supplied) in County Kildare; his plans to progress same in the next six months; and if he will make a statement on the matter. [31529/09]

I am pleased to inform the Deputy that the project at the school to which he refers was included in my announcement earlier this year of 43 projects to proceed to tender and construction. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie.

he Stage 2b documentation to which the Deputy refers was recently received by my Department and is currently under consideration. My Department will revert to the school on the next steps towards tender and construction when the stage 2(b) submission has been reviewed.

Bernard J. Durkan

Ceist:

1291 Deputy Bernard J. Durkan asked the Minister for Education and Science the position on foot of retendered proposals resubmitted by a school (details supplied) in County Kildare to his Department in June 2009; his plans to progress same in the next six months; and if he will make a statement on the matter. [31530/09]

I am please to inform the Deputy that the school in question has recently been authorised to issue a Letter of Acceptance to the lowest tenderer and it is envisaged that work should commence on site by the end of this month.

Questions Nos. 1292 and 1293 answered with Question No. 1276.

Schools Patronage.

Ruairí Quinn

Ceist:

1294 Deputy Ruairí Quinn asked the Minister for Education and Science if, after over 12 months of reviewing the broader strategy regarding patronage in schools at second level and the imposition of a moratorium on recognising new schools, he has come to a decision on his strategy; if his attention has been drawn to the recent figures from the Central Statistics Office which indicate that there will be a substantial increase in the school going population in both primary and secondary schools over the next five years; the measures he is taking to ensure there will be sufficient schools to accommodate all pupils physically while respecting the wishes of their parents with regard to school patron and ethos; and if he will make a statement on the matter. [31542/09]

Given the current trend of increasing student population and the need to ensure maximum benefit from the financial resources available to me, my Department is currently examining a number of broad policy issues relating to school recognition at second level. This examination will have regard to the objectives of the 1998 Education Act, one of which is to promote the rights of parents to send their children to a school of the parents' choice while having regard to the rights of patrons and the effective and efficient use of resources.

As the Deputy is aware, in September 2008 I instructed that a review of the procedures for the establishment of new primary schools be undertaken by the Commission on School Accommodation. The Technical Working Group established under the Commission to undertake this review commenced its work in December 2008.

It is expected that the review of procedures for recognising primary schools will be complete and revised arrangements will be in place within a two year timeframe of the commencement of the review process. In the interim it is not proposed to recognise any new primary schools, except in areas where the increases in pupil numbers cannot be catered for in existing schools and which require the provision of new schools.

In the interim period and while the review is ongoing, the Forward Planning Section of my Department has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post-primary levels over the coming years. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social & Family Affairs in addition to recent schools' enrolment data.

The study indicates that the requirement for additional primary provision in years 2010, 2011 and 2012 is likely to be greatest in more than 40 selected locations across the country based on significant changes to the demographics of those areas. This information has been circulated to all existing school Patrons who have been invited to bring forward proposals for the expansion of existing schools or indeed to put themselves forward as Patron for any new primary school, should it be required. The requirement for the establishment of new schools will of course be lessened where it is possible to expand and extend existing schools in those areas.

The Forward Planning Section of my Department is in the process of carrying out detailed analysis and reports for each of these locations in order to identify the school accommodation requirements for each area up to and including the school year 2014/2015.

Disadvantaged Status.

John O'Mahony

Ceist:

1295 Deputy John O’Mahony asked the Minister for Education and Science the reason a school (details supplied) in County Mayo had its DEIS status removed; and if he will make a statement on the matter. [31565/09]

The school to which the Deputy refers is among a number of schools that were judged by an independent identification process in 2005 not to have a sufficient level of disadvantage among their pupils to warrant their inclusion in DEIS (Delivering Equality of Opportunity in Schools), the Action Plan for Educational Inclusion.

A review mechanism was put in place in 2006 to address the concerns of schools that did not qualify for inclusion in DEIS but regarded themselves as having a level of disadvantage which was of a scale sufficient to warrant their inclusion in the programme. The review process operated under the direction of an independent person, charged with ensuring that all relevant identification procedures were properly followed in the case of schools applying for a review.

The review was concluded and the results were notified to schools in August 2006. The school in question applied for a review at that time but regrettably the school was unsuccessful in qualifying for inclusion in DEIS.

This school retained resources both human and financial under pre-existing schemes and programmes for addressing educational disadvantage. When DEIS was introduced, a commitment was given as a concessionary measure to this and a number of other schools in similar circumstances, that they would retain a level of support for the duration of the DEIS Initiative.

Given the current challenging economic climate, difficult decisions had to be made in Budget 2009 in order to contain public sector spending. One of these decisions was to advance the withdrawal of additional disadvantaged supports from non-DEIS schools from the end of the 2008/2009 school year. From the beginning of this school year these schools will be supported at a level commensurate with all other schools with similar enrolments and levels of disadvantage which had not enjoyed additional supports from other schemes.

The main focus of Social Inclusion measures will be to retain resources in DEIS schools. There is a need to focus targeted resources on the schools in most need and this approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006, which recommended that my Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communities.

Departmental Expenditure.

Damien English

Ceist:

1296 Deputy Damien English asked the Minister for Education and Science the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31575/09]

The value of advertising placed by my Department for each of the years 2004-2008 and to date in 2009 is as follows: 2009 to end August — €46,000; 2008 — €340,000; 2007 — €816,000; 2006 — €800,000; 2005 — €504,000; 2004 — €790,000.

My Department advertises for a wide range of educational related schemes and programmes. In general the advertising costs include expenditure in the following categories: Staff appointments in the education sector; Invitations to attend local hearings; Invitations to forward submissions on education related schemes/projects; Invitations to tender for school building projects.

In relation to promotion campaigns, a sum of € 114,578.31 was spent in 2004 for advice, support and assistance for the "Your Education System" (Y.E.S.).campaign. In 2006 a sum of €79,238.04 was spent on a promotion campaign entitled "Men as teachers and educators".

With regard to the bodies under the aegis of my Department, the expenditure incurred on advertising and promotions is a matter for each agency. This information is not collated centrally by my Department. If the Deputy has a particular advertising/ promotions campaign in mind in respect of agencies, I would be happy to have my officials obtain the relevant details and communicate them to the Deputy.

Schools Building Projects.

Charlie O'Connor

Ceist:

1297 Deputy Charlie O’Connor asked the Minister for Education and Science if he will report on his dealings in respect of the building programme at a school (details supplied) in Dublin 24; if he will provide assurances that all the concerns of the board are being addressed; and if he will make a statement on the matter. [31587/09]

The Department has introduced a number of devolved grant schemes in recent years with a view to devolving responsibility for the management of the projects to the local school managements. The school management can then make use of its local knowledge and presence on the ground to manage the project more effectively and ensure better value for money for the taxpayer.

In this case the Department funded the work on receipt of the necessary certification from the school's architect that the work has been completed to a satisfactory standard. The contract for the works in such cases is between the school authorities and the builder. The Department became aware of some difficulties with the project when it was nearing completion. Since then, officials from the Department have met the school management and have been in ongoing contact with the parties with the express aim of having the project completed satisfactorily in accordance with contract and at best value to the taxpayer. Department officials will continue to work with the school authority if required to ensure a satisfactory outcome to the current situation and the completion of the project.

Fergus O'Dowd

Ceist:

1298 Deputy Fergus O’Dowd asked the Minister for Education and Science the position regarding the proposed new school at a location (details supplied) in County Louth; if the proposal has gone to tender; if construction will begin in 2009; and if he will make a statement on the matter. [31624/09]

The project to which the Deputy refers is currently at an advanced stage of architectural planning. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie.

My Department recently issued detailed comments on the stage 2(b) submission for this project. An addendum to stage 2(b) addressing these comments was received by my Department on the 2nd September and is currently being considered.

Following review of the stage 2(b) addendum my Department will revert to the school regarding next steps in the progression of the project towards tender and construction.

Residential Institutions Redress Scheme.

Paul Connaughton

Ceist:

1299 Deputy Paul Connaughton asked the Minister for Education and Science the position regarding the Ryan Report; the steps that have been taken as a result of this report to allow other claims, not heretofore accepted, to be considered; and if he will make a statement on the matter. [31675/09]

The Deputy will be aware that the 20 formal recommendations of the Ryan Report have been accepted in full by the Government and that my colleague, Barry Andrews, Minister for Children and Youth Affairs brought the Implementation Plan to Government at the end of July.

There were four of these recommendations which related in the main to my Department. The first of these was the recommendation that a memorial should be erected and inscribed with an excerpt from An Taoiseach Bertie Ahern's apology of May 1999. My Department is in the process of convening a Committee which will oversee the commissioning and delivery by the OPW (through competition) of the design and building of the memorial. A dedicated budget will be made available in this regard and my Department will provide secretarial services to the Committee.

Education services have and will continue to be made available to former residents and their families through the Education Finance Board. The Government has also committed to the continuation of tracing services for survivors who may have been separated from family members as a result of having been in an institution during their childhood.

In relation to allowing other claims heretofore not accepted, I can advise the Deputy that Section 8 of the Residential Institutions Redress Act, 2002, currently provides for the Board to consider late applications in exceptional circumstances. As the Deputy may be aware, the Board is completely independent in the performance of its functions and it is a matter for the Board to decide on the validity of each claim having regard to the legislation.

Having said that however, I can tell you that a number of issues have been raised by groups representing survivors. All of these, including the issue of accepting late applications, are being considered by the Government.

National Qualifications Framework.

David Stanton

Ceist:

1300 Deputy David Stanton asked the Minister for Education and Science the action he will take following the recommendation from the trainers network to develop national standards in the various skills which awards up to ordinary bachelor degree or level 7 on the national qualifications framework; and if he will make a statement on the matter. [31698/09]

I understand that the Deputy is referring to a recommendation contained in a report published by the Trainers Network entitled "Assuring World Class Competencies for Trainers".

Under the Qualifications (Education and Training) Act, 1999, the Further Education and Training Awards Council (FETAC) and the Higher Education and Training Awards Council (HETAC) have statutory responsibility for developing standards and making awards in further and higher education and training respectively. I understand that both FETAC and HETAC are currently consulting with the Trainers Network in relation to its recommendations and are exploring the issues around creating awards at Levels 5, 6 and 7 of the National Framework of Qualifications.

Departmental Schemes.

David Stanton

Ceist:

1301 Deputy David Stanton asked the Minister for Education and Science the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31709/09]

My Department introduced the Cycle to Work Scheme in July 2009 and to date 22 staff members have participated in the scheme. The administrative cost to my Department is minimal having regard to the number of participants in the scheme and the fact that payment to the suppliers and salary deductions are performed electronically.

The Cycle to Work Scheme for teachers paid on my Department's payrolls will commence in 2010. The administrative costs involved in the scheme for teachers will not be known until the number of participants has been fully ascertained.

Question No. 1302 answered with Question No. 1205.

Mitchell Scholarship Programme.

Charlie O'Connor

Ceist:

1303 Deputy Charlie O’Connor asked the Minister for Education and Science the funding being made available to the Mitchell Scholarship Programme over the next five years; and if he will make a statement on the matter. [31793/09]

The funding of the George Mitchell Scholarship Programme is a reflection of the Government's gratitude for the significant contribution made by Senator Mitchell to the promotion of peace and reconciliation on the island of Ireland. The programme attracts high-calibre students from US universities to study on a wide cross-section of postgraduate courses at universities on the island of Ireland. Those students are likely to occupy in the future positions of influence in the US.

In 2007, a decision was taken to secure the long term viability of this programme by increasing Ireland's contribution to the Fund for the programme by €20 million to be paid over a number of years conditional on matching funding being raised by the US-Ireland Alliance.

Following Government approval of the general scheme of the George Mitchell Scholarship Fund (Amendment) Bill 2009 I recently sent the bill to the Office of Parliamentary Counsel for formal drafting. The Bill is scheduled to be published in the current session.

My Department's funding allocation in respect of the George Mitchell Scholarship Programme will be decided in the context of decisions on the Estimates for 2010 and subsequent years and the matching funding raised by the US-Ireland Alliance.

Pupil-Teacher Ratio.

Alan Shatter

Ceist:

1304 Deputy Alan Shatter asked the Minister for Education and Science the reduction in the number of teachers as at September 2009 as compared to September 2008 in respect of each school in the Dáil constituency of Dublin South; the number of pupils in respect of each school at these dates; the number of special needs assistants in each school at these dates; the number of children in each school regarded as having special needs at these dates; and the current actual teacher/pupil ratio in respect of each school. [31802/09]

The Statistics section of my Department's website now contains data at individual primary school level, including the schools in South Dublin, for the following school years, 2006\2007, 2007\2008 and 2008\2009. The data includes the number of teachers and pupils in each school. However it does not contain information on the number of Special Needs Assistants or pupils with special needs in each school. If the Deputy has an enquiry about a particular school my officials will be happy to provide the information directly to him.

The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNAs) to primary and post primary schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support. There has been no change in the qualifying criteria governing the allocation of resource and SNA support.

The Primary Census for the 2009/2010 school year will be carried out in the Autumn and the final outcome will be made available when this process is completed.

Pupil Teacher Ratio in respect of all primary schools is currently only available at national level and is not disaggregated by county or any other variable.

Computerisation Programme.

Paul Kehoe

Ceist:

1305 Deputy Paul Kehoe asked the Minister for Education and Science the status of a school (details supplied) regarding the installation of broadband; and if he will make a statement on the matter. [31806/09]

I wish to inform the Deputy that the school in question has been installed with a 2Mbit/s satellite connection since 7th December 2005 under Phase I of the Schools Broadband Programme. I have been informed that the school reported a fault to the Schools Broadband Service Desk on September 1st. A call out for repairs was scheduled for September 10th and I understand the service was restored on that date.

My Department is currently in the process of re-awarding all school broadband connections under a public procurement tendering process. It is expected that all schools will receive at least an equivalent service to what is currently in place; however the expectation is that the majority of schools will receive an improved service. I look forward to making a further announcement on this as soon as contracts are in place with the successful service providers.

Ministerial Expenses.

George Lee

Ceist:

1306 Deputy George Lee asked the Minister for Education and Science the amount that has been claimed in expenses by each Senior and Junior Minister in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31944/09]

Further to contact with the office of the Deputy, the following table sets out the relevant details of payments made by this Department during the years 2003 to 2008.

Home Travel & Subsistence paid

01-07-2003 to31-12-2003

2004

2005

2006

2007

2008

Minister Noel Dempsey

1,042.31

0.00

0.00

0.00

0.00

0.00

Minister Mary Hanafin

0.00

0.00

0.00

0.00

0.00

0.00

Minister Batt O’Keeffe

0.00

0.00

0.00

0.00

0.00

493.87

Minister Síle DeValera

18,485.08

21,477.41

21,910.45

16,054.64

8,167.45

0.00

Minister Sean Haughey

0.00

0.00

0.00

0.00

14,640.38

16,335.38

Home Travel and Subsistence details for 2003 relate to payments made from the Department's Financial Management System during the period July to December 2003.

Foreign Travel Subsistence

2003

2004

2005

2006

2007

2008

Minister Noel Dempsey

4,272.17

3,600.79

939.25

0.00

0.00

0.00

Minister Mary Hanafin

0.00

0.00

3,465.33

5,338.48

3,038.71

3,716.92

Minister Batt O’Keeffe

0.00

0.00

0.00

0.00

0.00

1,098.61

Minister Síle De Valera

1,622.95

602.79

4,594.89

651.97

0.00

0.00

Minister Sean Haughey

0.00

0.00

0.00

0.00

0.00

364.46

Expense Allowance Paid

2003

2004

2005

2006

2007

2008

Minister Noel Dempsey

13,344.50

10,778.25

0.00

0.00

0.00

0.00

Minister Mary Hanafin

0.00

2,997.81

13,344.50

13,344.50

13,344.50

5,132.50

Minister Batt O’Keeffe

0.00

0.00

0.00

0.00

0.00

8,541.64

Minister Sile De Valera

12,128.48

12,594.96

12,128.48

11,462.08

0.00

0.00

Minister Sean Haughey

0.00

0.00

0.00

0.00

12,694.92

12,128.48

Home Travel & Subsistence paid

Jul-03

2004

2005

2006

2007

2008

Minister Noel Dempsey

1,042.31

0.00

0.00

0.00

0.00

0.00

Minister Mary Hanafin

0.00

0.00

0.00

0.00

0.00

0.00

Minister Batt O’Keeffe

0.00

0.00

0.00

0.00

0.00

493.87

Total

Minister Síle DeValera

14,860.17

8,195.41

10,522.17

32.64

8,167.45

0.00

46.00

115.15

11,388.28

16,022.00

3,316.59

12,139.85

262.32

1,027.00

Total

18,485.08

21,477.41

21,910.45

16,054.64

8,167.45

Minister Sean Haughey

0.00

0.00

0.00

0.00

3,374.81

3,297.40

5,491.72

4,721.13

1,013.01

3,172.07

4,760.84

216.53

0.00

4,928.25

Total

14,640.38

16,335.38

Memo: Home T&S Paid in Calendar Year

Foreign Travel Subsistence

2003

2004

2005

2006

2007

2008

Minister Noel Dempsey

4,272.17

3,600.79

939.25

0.00

0.00

0.00

Minister Mary Hanafin

0.00

0.00

3,465.33

5,338.48

3,038.71

3,716.92

Minister Batt O’Keeffe

0.00

0.00

0.00

0.00

0.00

1,098.61

Minister Síle De Valera

1,622.95

602,79

4,594.89

651.97

0.00

0.00

Minister Sean Haughey

0.00

0.00

0.00

0.00

0.00

364.46

Expense Allowance Paid

2003

2004

2005

2006

2007

2008

Minister Noel Dempsey

13,344.50

10,778.25

0.00

0.00

0.00

0.00

Minister Mary Hanafin

0.00

2,997.81

13,344.50

13,344.50

13,344.50

5,132.50

Minister Batt O’Keeffe

0.00

0.00

0.00

0.00

0.00

7,698.45

Minister Sile De Valera

12,128.48

12,594.96

12,128.48

11,462.08

0.00

0.00

Minister Sean Haughey

0.00

0.00

0.00

0.00

12,128.48

12,128.48

Barr