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Dáil Éireann debate -
Wednesday, 18 Feb 2004

Vol. 580 No. 2

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 17, inclusive, answered orally.
Questions Nos. 18 to 86, inclusive, resubmitted.
Questions Nos. 87 to 96, inclusive, answered orally.

Beef Exports.

Joe Costello

Question:

97 Mr. Costello asked the Minister for Agriculture and Food if his attention has been drawn to recent remarks from the Irish Farmers' Association that he should seek export refunds from the European Union to help Irish farmers export animals to Libya, in view of the easing of relations between the United States and Libya; and if he will make a statement on the matter. [4943/04]

The position in relation to the export of live cattle to Libya is that an agreement was signed with Libya in June 2000 providing that Ireland would be officially listed as a supplier for Libyan live cattle tenders. Since then the Libyan Foreign Minister indicated that it had not been possible to import live cattle because of what was termed logistical problems and that Libya would buy beef directly. Tenders were subsequently issued for the supply of beef and Ireland was included on the list invited to tender.

I will continue to avail of all diplomatic and other opportunities to ensure that the agreement with Libya concerning live cattle exports is fully implemented. This reflects our overall policy that Ireland should have full access to all markets for beef and cattle where there is demand. I am aware of calls for the reinstatement of export refunds in support of live cattle exports to Libya and I will raise this matter with the Commission once the market for live animals has re-opened.

Dairy Sector.

Denis Naughten

Question:

98 Mr. Naughten asked the Minister for Agriculture and Food when he last held a meeting of the groups involved in the dairy industry; the discussions he had and the agreements reached; when the next meeting will take place; and if he will make a statement on the matter. [4856/04]

The dairy industry is an important sector of Irish agriculture with an annual turnover of approximately €2.5 billion. The future development of this sector is a priority for me. Both my Department and I have meetings with groups involved in the dairy industry on an ongoing basis and on a range of issues. My most recent meeting took place on 10 February when I met the representatives of the Irish Dairy Board.

Since the launch of the Prospectus report in March 2003, I have met most of the larger dairy processing companies with a view to moving forward with the implementation of the key recommendations of the report. I also chaired a dairy forum in September 2003 which proved to be a very informative and useful meeting and which involved all the players in the dairy industry.

I will continue to meet representatives of the industry during 2004 and I hope to provide whatever assistance I can to encourage the sector to make the necessary changes, both at production and processing level, to strengthen and improve its position in the highly competitive international dairy markets in which it operates.

Tuberculosis Incidence.

Dan Boyle

Question:

99 Mr. Boyle asked the Minister for Agriculture and Food his views on the description of his Department's tuberculosis eradication scheme as a cruel slaughter of badgers masquerading as science; if he will review the policy in favour of more scientific and more compassionate methods to prevent the spread of tuberculosis; and his views on the Krebs experiment in the UK which has seen a suspension of reactive culling of badgers. [5061/04]

The bovine tuberculosis eradication scheme is carried out in full compliance with EU Directive 64/432. This has reduced the level of tuberculosis in cattle from 17% in 1955 to 0.3% in 2003. It is now accepted that the presence of an infected maintenance host, the badger, is a major constraint to the final eradication of tuberculosis from the national herd. A multi-disciplined research programme involving staff from the Department, Teagasc and the universities is making significant progress in identifying improvements to the eradication programme. This research is driven by science. Significant progress is also being made on the development of a vaccine strategy for the badger population. In this, my Department and others are in collaboration with scientific colleagues in the UK and New Zealand.

The present policy is scientifically based and under constant review. For instance, this year changes include a more focused contiguous herd testing policy, more use of the ancillary gamma interferon blood test in target herds and a new enhanced computer system which will improve our analytical capacity. The results of the four area study into the effect of local area badger removal will be published in the near future. This study is expected to confirm the results of the earlier east Offaly study, which indicated a significant effect on bovine tuberculosis levels following removal of badgers from an area. Under the PPF a new wildlife unit has been introduced to focus on the TB blackspot areas of the country. The removal of badgers is carried out by trained staff and badger welfare is a major element in the working of the programme.

With reference to the Krebs experiment in the UK, detailed data relating to the trial have not been published by the UK authorities and, therefore, it would not be appropriate to comment at this stage. While the suspension of reactive culling of badgers has been noted, it is not possible to extrapolate the position to this country as the ecology of the badger is different here — for example, in the UK, 70% of setts are in woodland and 30% in pasture, while the reverse applies in Ireland and the social group size is different. The method of capture is also unlike that practised here in that the UK uses the caged trapping method whereas we use restraints for trapping. We did experiment with caged trapping but found no advantages from a welfare point of view.

EU Presidency.

Eamon Gilmore

Question:

100 Mr. Gilmore asked the Minister for Agriculture and Food his priorities for the remainder of the Irish Presidency of the European Union; the events that are arranged by his Department; and if he will make a statement on the matter. [4917/04]

The specific objectives which I have identified for the Irish Presidency are as follows: to facilitate the application of the CAP to the new member states; to continue the process of simplification of the CAP initiated by the mid-term review decisions of June 2003; and to enhance food safety standards.

These objectives will be pursued by seeking agreement of the Council of Ministers on a range of proposals which have been put forward by the EU Commission and which are examined initially at official level meetings chaired by officers of my Department. I am planning to hold the following meetings in Ireland during the Presidency: an informal meeting of the Agriculture and Fisheries Council; the special committee on agriculture; chief veterinary officers; and directors of paying agencies of the European agricultural guidance and guarantee fund. Progress to date in advancing the Presidency work programme has been satisfactory.

Forestry Sector.

Pat Rabbitte

Question:

101 Mr. Rabbitte asked the Minister for Agriculture and Food if he has satisfied himself with the uptake of the forestry planting scheme for 2004; the plans he has to promote uptake of the scheme for the remainder of the year; and if he will make a statement on the matter. [4936/04]

An additional 31% funding is being made available to forestry in the Estimates provision for 2004 and given the renewed interest in forestry as a viable and profitable land use, I believe the planting of at least 10,000 hectares will be achieved.

There are applications for planting in respect of some 17,000 hectares in the system at present of which the majority have been processed and last week I announced increased funding for the support programmes in such areas as forest roads, reconstitution, native woodland and the neighbourwood scheme. In all, €6 million will be spent on these schemes in 2004.

I intend making every effort to encourage farmers and landowners to consider the forestry options this year and will be actively promoting planting through Coillte, Teagasc, the forest service and the various private sector bodies involved. A generous financial provision, including tax free payments and an effective support regime, is in place to enable the sector to achieve its full potential and to sustain a significant level of planting this year.

Sheep Identification System.

Fergus O'Dowd

Question:

102 Mr. O'Dowd asked the Minister for Agriculture and Food the proposals he has for sheep tagging; and if he will make a statement on the matter. [4858/04]

In the wake of the foot and mouth disease crisis of 2001, and against a backdrop of earlier unsuccessful efforts in this regard, I introduced a comprehensive individual sheep identification system, the national sheep identification system, NSIS, which provides full individual identification and traceability of sheep from farm of origin to carcass and which is designed to be multi-functional, facilitating aspects such as flock management, consumer assurance and disease monitoring and control. In the latter regard, the foot and mouth disease crisis underscored the potential damage to which our economy and the agriculture sector is exposed in the event of serious disease outbreaks if shortcomings in animal identification and traceability were not addressed.

Based on monitoring of NSIS and feedback to my Department from various quarters since 2001, I am satisfied that all elements of NSIS are now firmly bedded in across the sheep sector and working well. I have, however, made it clear consistently that I am always willing to enhance NSIS and to address any operational difficulties which might arise, while maintaining its key components.

A new harmonised system of identification for the whole of the European Union was agreed at the December Council of Ministers. The system provides that there will be electronic individual identification of sheep from January 2008, together with a central movement database recording movements on a batch basis. The implementation date is subject to review following a Commission report in 2006. For the interim period, all sheep are to be double tagged and identified individually, but all recording would be on a flock basis. The regime agreed by the December Council affords member states which already have systems in place offering a higher level of traceability than would be the case under the interim period system, the option of retaining their own systems until the advent of electronic identification in a few years from now.

I support the broad principle which underlies the agreed system. I have always been in favour of making use of new and efficient technologies to achieve this end, subject to practicalities and cost effectiveness, and I would be very anxious that Ireland and other member states would be in a position to move at the earliest possible date to an electronic system. In the interim, however, the system now in place and operating throughout the Irish sheep sector will continue to afford Ireland the level of protection and assurance in regard to both identification and traceability which is strategically appropriate to this country.

The package agreed by the December Council envisages the retention of systems such as NSIS, albeit with some minor adjustment, over the period leading up to EU-wide introduction of electronic, individual identification. I have no plans to dismantle NSIS and roll back the progress which has been made in this area since 2001, only to see Irish sheep farmers, marts, meat processors, etc., being asked a few years from now to once again re-instate and accommodate individual identification and traceability. However, as I have earlier stated, I am willing to examine and address aspects relating to the operation of NSIS in so far as these be addressed within the EU system now agreed.

Poultry Industry.

Brendan Howlin

Question:

103 Mr. Howlin asked the Minister for Agriculture and Food if he has satisfied himself that there are sufficient controls in place at ports of entry to ensure that Ireland does not become a victim of avian flu; and if he will make a statement on the matter. [4921/04]

Detailed EU legislation lays down the conditions that member states must apply to the imports of products of animal origin from third countries. This harmonised legislation imposes a series of health and supervisory requirements designed to ensure that imported products meet standards at least equivalent to those required for production in, and trade between, member states.

All meat imports must come from third countries or areas of third countries approved for export to the EU. The meat must be sourced from establishments that are approved and must bear an EU approved health mark. The food and veterinary office, FVO, of the EU carries out inspections to ensure that only establishments that meet hygiene and health standards equivalent to those operating within the EU are approved. Where the FVO considers that public health requirements are not being met by an approved establishment in a third country, the establishment may be removed from the EU approved list. If outbreaks of animal diseases occur in a third country approval to export to the EU is suspended for the infected regions of the country, or the whole country, as appropriate, until the disease risk has been eliminated.

Imports of animal products from third countries can only be imported into the European Community through a border inspection post, BIP, which has been approved by the FVO. That office also carries out monitoring and inspection on BIPs in each member state to ensure that the conditions for import of animal products into Europe, provided under harmonised EU legislation, are being correctly applied. In Ireland, border inspection posts which are approved for administering checks on direct imports of meat from third countries are Dublin Port, frozen, chilled and ambient temperature animal products, and Shannon Airport, chilled and ambient only.

With regard to the discovery of avian influenza in certain countries of south east Asia, including Thailand, the EU response is being coordinated and operated by the EU Commission. In line with decisions of the European Commission, I introduced a number of measures specifically aimed at banning importation from that country of fresh poultry meat, meat preparations and meat products consisting of or containing poultry meat, raw materials for pet food containing any part of poultry obtained from birds slaughtered after 31 December 2003 as well as eggs for human consumption.

The Commission subsequently extended this ban to cover the import of such products from China, including the territory of Hong Kong, as well as raw materials for pet food containing any part of poultry, eggs for human consumption and non-treated game trophies from South Korea. A ban on the importation of live feathered birds as well as unprocessed feathers from a number of countries in South East Asia has also been introduced. These controls must be kept in place until 15 August 2004. Before that date the FVO will review the operation of these measures and the evolution of the disease and will submit its report to the Commission and the standing committee on animal health and the food chain. At that time an assessment will be made as to the appropriate controls.

Importers of meat must be registered with my Department. Importers must give advance notice of the arrival of meat to the BIP. Imported meat must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production as well as a health certificate conforming to the models set down in EU legislation. The meat must also be labelled. All consignments undergo a documentary and identity check and physical checks are carried out at frequencies laid down in EU law. Once imported meat has met all the required conditions it is released for free circulation within the community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed.

It should also be noted that the personal importation into the EU of any meat, including poultry meat, or milk products by passengers from third countries is prohibited under Community and national law. Transport operators who bring passengers from third countries into the EU are required under this legislation to bring this to the attention of passengers.

In addition to the measures dealing with imports, my Department is engaged in: collaboration with the Department of Health and Children and the National Disease Surveillance Centre, NDSC, on updating the influenza pandemic preparedness plan; establishing further contacts between those involved in human and animal influenzas; the training of veterinary staff on avian influenza and emergency slaughter — this was already scheduled prior to the outbreaks in Asia; the preparation of posters and newspaper advertisements for travellers going to, and from Asia; and collaboration with the NDSC on advice for poultry workers in the event of an outbreak of avian influenza. Leaflets have been sent out to all poultry flock owners which advise on biosecurity measures and clinical signs of avian influenza to look out for.

In addition to these measures, the following measures are already in place: a contingency plan in the event of an outbreak of avian influenza; guidelines for public health precautions to be taken during avian influenza investigations or controls; announcements on incoming flights and in the baggage reclaim area for people who have had contact with livestock, including meat or poultry, to make contact the Department's office in the arrivals hall; and ongoing surveillance of avian influenza in poultry and wild birds.

Food Safety Standards.

Willie Penrose

Question:

104 Mr. Penrose asked the Minister for Agriculture and Food the quality assurance procedures that apply to meat and poultry from Brazil; the procedures in place for traceability of meat from Brazil; and if he will make a statement on the matter. [4932/04]

Detailed EU legislation lays down the conditions that member states must apply to the imports of products of animal origin from third countries. This harmonised legislation imposes a series of health and supervisory requirements designed to ensure that imported products meet standards at least equivalent to those required for production in, and trade between, member states. All meat imports must come from third countries or areas of third countries approved for export to the EU.

To be an approved country it must appear on a list drawn up and updated on the basis of EU audits and guarantees given by the competent authority of the exporting country; have veterinary controls equivalent to those applicable in the EU, particularly in terms of legislation, hygiene conditions, animal health status, veterinary medicines controls, zoonoses controls and other food law and a residues programme approved by the European Commission must be in place. On this basis, Brazil has been approved for trade with the European Community in beef, sheep meat, horsemeat and poultry meat.

The meat must be sourced from establishments that are approved and must bear an EU approved health mark. Exporting establishments must have standards equivalent to the requirements for EU export establishments; effective control systems and supervision by the competent authorities; traceability-labelling in accordance with the systems approved by the FVO and accepted and notified to the EU member states.

The food and veterinary office, FVO, of the EU carries out inspections to ensure that only establishments that meet hygiene and health standards equivalent to those operating within the EU are approved. Where the FVO considers that public health requirements are not being met by an approved establishment in a third country, the establishment may be removed from the EU approved list. If outbreaks of animal diseases occur in a third country approval to export to the EU is suspended for the infected regions of the country, or the whole country, as appropriate, until the disease risk has been eliminated.

Meat may only be imported into the European Community through a border inspection post, BIP, that has been approved by the FVO. That office also carries out monitoring and inspection of member states' BIPs to ensure that the conditions for import of animal products into Europe, provided under harmonised EU legislation, are being correctly applied. In Ireland, border inspection posts which are approved for administering checks on direct imports of meat from third countries are Dublin Port, frozen, chilled and ambient temperature animal products, and Shannon Airport, chilled and ambient only.

Importers of meat must be registered with my Department. Importers must give advance notice of the arrival of meat to the BIP. Imported meat must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production as well as a health certificate conforming to the models set down in EU legislation. The meat must also be labelled. All consignments undergo a documentary and identity check and physical checks are carried out at frequencies laid down in EU law. Once imported meat has met all the required conditions it is released for free circulation within the community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed.

Where there are concerns with regard to the effectiveness of controls being operated in an approved third country the Commission, in consultation with the standing committee on animal health and the food chain, may introduce specific controls by means of a safeguard measure to ensure the protection of human and animal health. In 2002, the presence of nitrofuran, a growth promoting substance, was detected in poultry meat imported from that country and this presented a potential risk for human health. The food and veterinary office, FVO, of the European Commission assessed the controls that were in place in that country and recommended that as a safeguard measure all imports into the EU be sampled and tested. Accordingly, in October 2002, following a decision of European Commission's standing committee on the food chain and animal health, I introduced the requirement for the sampling and testing of all direct imports into Ireland of poultry meat and poultry meat products from Brazil. Consignments may only be released when test results are clear.

Following a recent mission to Brazil, the FVO has assessed that the action plan put in by the Brazilian authorities to address the deficiencies is being implemented and enforced. The results of the checks carried out by the member states on direct imports have also shown improvement. No poultry meat from Brazil has tested positive for nitrofurans at any BIP in the EU since August 2003. With regard to this country, nitrofurans have not been detected in any samples taken at the BIPs from direct imports. In the circumstances, the standing committee has recommended to the Commission that the level of testing for nitrofurans be reduced to 20%. When the Commission publishes its decision, I will amend the current level of controls that are applied in this country accordingly.

Rural Environment Protection Scheme.

Kathleen Lynch

Question:

105 Ms Lynch asked the Minister for Agriculture and Food the measures he is taking to resolve the impasse which has stalled the start of the new REP scheme; and if he will make a statement on the matter. [4923/04]

There is no impasse stalling the start of the new REP scheme. On the contrary, the EU Commission's initial reactions have been both positive and helpful. My Department submitted proposals to the Commission early in December 2003. Those proposals had emerged from a comprehensive consultative process involving all stakeholders, and they also reflected the significantly increased payment rates agreed in Sustaining Progress. My Department met the Commission services in December and again on 20 January to progress the approval of the revised REPS scheme.

In its initial comments on the proposals, the Commission has welcomed the way the scheme is evolving from being primarily concerned with conserving the existing environment, towards restoring and enhancing it. It advised, however, that for the present it would have difficulty in considering the proposal to extend eligibility for REPS to farmers applying an amount of livestock manure per hectare containing over 170 kg and up to 210 kg of organic nitrogen. It indicated that such a proposal would best be deferred pending a Commission decision on Ireland's action programme under the nitrates directive. As there are over 100,000 farmers already at or below the 170 kg threshold, the current qualifying limit for REPS, it was decided to resubmit the proposal without the reference to eligibility for farmers above that level.

I remain convinced that it is best to extend the ambit of REPS to more intensive farmers and it is my intention to resubmit this element of the proposal once the Commission has given its decision on derogations from the nitrates action programme for farmers above the 170 kg limit. The implementation of the nitrates directive is itself a matter in the first instance for the Minister for the Environment, Heritage and Local Government.

A modified proposal for payment of the higher rates to existing REPS participants, under which they will incorporate elements of the new scheme into their existing undertakings, has also been included in the revised proposal forwarded to the Commission. While the Commission's formal procedures require a period of at least two months for examination of a proposal of this nature, I have written to Commissioner Fischler asking for his help in securing quick approval for the scheme and I am confident of a favourable outcome. As the Deputy is aware the payment rates under the new scheme are: up to 20ha, €200/ha; 20ha — 40ha, €175/ha; 40ha — 55ha, €70/ha.

EU Directives.

David Stanton

Question:

106 Mr. Stanton asked the Minister for Agriculture and Food if his Department has carried out an analysis of the impact of the Nitrates Directive 91/676/EEC on the agricultural industry; if he will outline the measures that farmers will have to undertake as a result; and if he will make a statement on the matter. [5080/04]

The implementation of the nitrates directive is in the first instance a matter for the Minister for the Environment, Heritage and Local Government. A draft action programme, prepared by the Department of the Environment, Heritage and Local Government in conjunction with my Department and in consultation with Teagasc, was presented in December last to representatives of the main farming organisations and other stakeholders. A period of eight weeks is being provided for stakeholders to submit in writing their comments on the document to either or both Departments. This phase of the consultation process runs until tomorrow 19 February. When the consultation process has been completed and consideration has been given to the various submissions, definitive proposals for an action programme will be submitted to the European Commission. In the context of discussions with the Commission, the Government is also committed to seeking approval for farmers to operate, in appropriate circumstances, at levels of up to 250 kg of organic nitrogen per hectare per annum.

It will not be possible to assess the full impact to the agricultural industry of the implementation of the nitrates directive until the European Commission has approved Ireland's proposals to give effect to the directive. The main impact of the nitrates directive is likely to be in the area of waste storage capacity. My Department, in consultation with Teagasc, has made preliminary assessments of the quantity of additional waste storage capacity that may be needed to meet the requirements of the nitrates directive. Teagasc has also carried out a comprehensive farm facilities survey in recent months. The survey was undertaken to establish baseline data on farm facilities and management practices relating to manure, dirty water and fodder systems. It will provide comprehensive and up to date statistics which will be used in drawing up detailed arrangements to give effect at farm level to the action programme when it is approved.

Substantial financial aid will be available to farmers on whom the directive has an impact. In Sustaining Progress, the Government stated that "recognising the importance of the nitrates directive and its impact on certain farmers, a number of initiatives shall be taken in the context of optimising the use of available EU and national budgetary resources". These initiatives included a review of REPS with higher payment rates, and changes to the terms and conditions of the farm waste management scheme and dairy hygiene scheme, in particular increasing the income and eligible investment ceilings.

The improvements in the farm waste management scheme and dairy hygiene scheme have already been delivered. Proposals for REPS, including an average 28% increase in payments, are now with the European Commission for approval.

John Bruton

Question:

107 Mr. J. Bruton asked the Minister for Agriculture and Food if his Department has made a submission to the Department of Environment, Heritage and Local Government with respect to the nitrates directive; and if he will make a statement on the matter. [4837/04]

The implementation of the nitrates directive is in the first instance a matter for the Minister for the Environment, Heritage and Local Government. When consideration has been given to the various comments received from stakeholders in response to the draft published in December, definitive proposals for an action programme will be submitted to the European Commission by the Minister for the Environment, Heritage and Local Government.

My Department, in consultation with Teagasc, has had discussions with the Department of the Environment, Heritage and Local Government in advance of the publication in December of a draft action programme giving effect to the nitrates directive. The draft action programme was then presented to representatives of the main farming organisations and other stakeholders. A period of two months was provided for stakeholders to submit in writing their comments on the document to either or both Departments. This phase of the consultation process runs until tomorrow 19 February.

Women in Agriculture.

Emmet Stagg

Question:

108 Mr. Stagg asked the Minister for Agriculture and Food if he has satisfied himself with the progress made following the September 2000 report on the advisory committee on women in agriculture; and if he will make a statement on the matter. [4945/04]

In 1999 I established an advisory committee to advise on the role of women in agriculture and rural communities. Membership of the advisory committee was drawn from a wide variety of relevant governmental and non-governmental stakeholders. The advisory committee's report, published in September 2000, contained 36 recommendations in total, covering a very broad range of policy and operational areas. These areas were: statistical evaluation of women farmers; employment, training and information technology; representation; social inclusion, and personal finance-economic and legal issues.

While recognising the contribution of women to Irish agriculture, it is clear from an analysis of the recommendations that the advisory committee's central concerns related to issues affecting women in rural communities more generally.

Some of the recommendations of the advisory committee's report were overtaken by a range of developments, including the establishment of a national rural development forum. This meets in open session twice a year and provides a forum for continued attention to many of the issues raised in the report. It should also be noted that, subsequent to the publication of the report, the Department of Community, Rural and Gaelteacht Affairs was established. In addition, elements of the report were incorporated into the national plan for women, published in 2002 by the Department of Justice, Equality and Law Reform.

Notwithstanding the change of remit of my Department and the aforementioned developments the advisory committee's recommendations have been pursued by my Department and a comprehensive progress report on the recommendations has been finalised. This provides ample evidence of the substantial progress made across the broad range of issues raised by the advisory committee. I have arranged for a copy of the progress report to be sent to the Deputy.

Live Exports.

Jim O'Keeffe

Question:

109 Mr. J. O'Keeffe asked the Minister for Agriculture and Food the position in relation to live cattle exports. [5038/04]

It is my policy and that of the Government to ensure that Irish livestock or beef exporters have unrestricted access to EU and world markets. In 2003, Ireland exported 221,000 animals of which 146,100 were exported to the EU and 36,922 to Lebanon. Currently the main markets for live cattle are Spain, Italy, the Netherlands, Great Britain, France, Belgium, Portugal and Lebanon and I believe the trade is operating satisfactorily.

Grant Payments.

Trevor Sargent

Question:

110 Mr. Sargent asked the Minister for Agriculture and Food the position the Government takes in relation to the €47.3 million worth of EU grants that should have been claimed by Coillte Teoranta; and if taxpayers are now to be required to pay the penalty for this mistake under EU regulation 2080/92. [2976/04]

Paul Nicholas Gogarty

Question:

137 Mr. Gogarty asked the Minister for Agriculture and Food if he will report on the discussions his Department is having with Coillte Teroanta following a decision by the European Commission to withdraw a grant worth €55 million, the ruling that Ireland must return €8.3 million in grants already awarded and the axing of a further €47 million that was due to be provided in the future. [5066/04]

I propose to take Questions Nos. 110 and 137 together.

The EU Commission decided in July 2000 to disallow forestry premia paid to Coillte Teoranta under Regulation 2080/92 on the basis that Coillte was a public entity and as such not entitled to premia. The Government opposed this view and the decision was challenged in the European Court. The court ruled against Ireland on 16 October 2003. The matter has been discussed in detail with the Government's legal advisors and the Department has been advised there is no recourse to further appeal and the decision has been accepted.

The Commission's contribution to the disallowed premia has been repaid and no further premia are payable to Coillte. My Department has been in discussions recently with Coillte on the effect of the court's decision and these discussions are continuing.

Food Safety Standards.

Michael Noonan

Question:

111 Mr. Noonan asked the Minister for Agriculture and Food the steps he has taken to introduce mandatory food labelling; and if he will make a statement on the matter. [4838/04]

There is considerable legislation already in place governing the labelling of food, which is mandatory. Food labelling is a particularly complicated and broad based area. It involves a number of Departments and Government agencies. The main piece of legislation for the labelling, presentation and advertising of foodstuffs is European Council Directive 2000/13/EC. The responsibility for this legislation rests with the Minister for Health and Children and he is also responsible for labelling legislation such as nutrition claims and novel foods. This legislation is enforced through the Food Safety Authority of Ireland, FSAI. The Department of Communications, Marine and Natural Resources is responsible for the policy on labelling of fish and fish products with the FSAI responsible for enforcement. Within my own area of responsibility, there is a number of pieces of legislation on the labelling of specific products ranging from beef, poultry and sugar to spirit drinks, coffee and fruit juices.

Given the complexity involved and increasing consumer concern, I established a food labelling group to examine the whole area and since receiving its report in December 2002, I have assiduously implemented the recommendations of that group. The measures implemented included action on centralising enforcement of food labelling regulations in the Food Safety Authority, FSAI. This will not only streamline enforcement measures but provide a one stop shop for any complaints or mislabelling of food.

In the past couple of weeks, I introduced two regulations in relation to the labelling of poultry meat. The first of these regulations require poultry meat, loose and pre-packaged, originating in a country outside the EU to bear an indication of the country of origin when offered for sale in a retail premises. The second requires information regarding class, price per unit weight, condition and slaughterhouse details in respect of loose poultry meat, that is, non-prepackaged, to be provided to the consumer. Heretofore, while these labelling indications have been compulsory for pre-packaged poultry meat, it had not been a requirement to provide this information for poultry meat sold loose.

In addition to the above mentioned action, I have arranged that each sector will be reviewed on a commodity by commodity basis to identify any deficiencies, from a consumer viewpoint, in the labelling regulations for those commodities. Further action will be taken over the coming period in other commodity areas.

In the beef sector, EU beef labelling regulations on origin do not currently apply to beef sold in the food service outlets. These regulations are currently being reviewed in Brussels. In the context of that review, I wrote to Commission Fischler asking him to consider including a provision for the labelling of origin of meat in such outlets. It is expected that a report on the review will be issued in March.

Grant Payments.

Michael Noonan

Question:

112 Mr. Noonan asked the Minister for Agriculture and Food the number of persons who have made applications under the force majeure — exceptional circumstances clause for the single farm payment under the mid-term review proposals; and if he will make a statement on the matter. [4840/04]

My Department received in excess of 14,000 applications from farmers, requesting consideration of force majeure — exceptional circumstances to be taken into account in the calculation of their entitlements under the single payment scheme. The processing of these applications has commenced and individual applicants will be informed of the outcome of their application in due course.

Decentralisation Programme.

Brian O'Shea

Question:

113 Mr. O'Shea asked the Minister for Agriculture and Food if in regard to proposals for decentralisation any survey has been undertaken to establish the number of persons employed in his Department in boards or agencies operating under the aegis of his Department who are willing to move to the new locations announced by the Minister for Finance in his December 2003 budget speech; the results of such survey; and if he will make a statement on the matter. [4928/04]

The Deputy will be aware that it is proposed to decentralise the headquarters of my Department to Portlaoise and the local office located at present in Cork city to Macroom. A preliminary survey conducted in my Department indicates that currently some 43 staff in Dublin would be interested in moving to Portlaoise. Another 57 staff located outside of Dublin indicated that they would move to Portlaoise. My Department already has 246 staff located in Portlaoise.

A survey of staff in respect of the Macroom office indicates that 42 staff would move from their present locations in Cork to Macroom. A further 22 staff located in other parts of the country would also decentralise to Macroom. An Bord Bia has also carried out a survey which indicated that 14 serving permanent staff would decentralise to Enniscorthy.

Carcases Grading.

Pat Rabbitte

Question:

114 Mr. Rabbitte asked the Minister for Agriculture and Food when he expects the machines required for automated grading of carcasses to be in place; if he has satisfied himself that the level of training is adequate; and if he will make a statement on the matter. [4935/04]

John Deasy

Question:

155 Mr. Deasy asked the Minister for Agriculture and Food the situation with respect to mechanical grading at the meat plants; and if he will make a statement on the matter. [4842/04]

I propose to take Questions Nos. 114 and 155 together.

I have favoured the introduction of mechanical carcass grading in beef factories for some time and regard it as an important step for the beef industry towards securing its future as a high quality supplier of beef to EU consumer markets. I welcomed the inclusion of this policy in the Sustaining Progress agreement and pressed for some time at EU level to have mechanical grading provided for under EU legislation. Earlier this year, following EU sponsored trials conducted in an Irish slaughter plant, I was in a position to officially approve three machines for commercial use in Ireland.

Detailed negotiations have taken place between the beef industry representatives and my Department and arising out of these, I have announced a scheme of grant assistance towards the purchase and installation costs of the equipment. A maximum grant rate of 40% of approved eligible expenditure, subject to a maximum of €170,000, is available and the scheme is now open for applications. In order to avail of the grant, applicants are required to order the equipment on or before 19 March and installation must be completed by end April 2004.

Mechanical grading is the preferred option of processors and farmers and the use of state of the art technology by the industry will not only enhance the producer processor supply chain but will also provide wider benefits to the industry in future years as Ireland consolidates its position as a supplier of top quality beef to the consumer markets of the EU. I am confident that grading machines will be in operation in a large number of factories in the coming months.

As regards training of factory operatives, a total of 33 meat plant employees based at 16 slaughter plants have successfully completed the training programme provided by my Department. The availability of suitably trained classifiers within the industry is an essential feature of the operation of mechanical grading of carcasses. A limited extension of the training programme has been offered to the remaining plants as part of the final preparations being made for the commencement of mechanical grading.

Departmental Schemes.

Richard Bruton

Question:

115 Mr. R. Bruton asked the Minister for Agriculture and Food the price of quota for 2005; and if he will make a statement on the matter. [4869/04]

I have made no decision on the price of quota for the 2005 restructuring scheme. In December, when I announced the price for the 2004 scheme, I stated that I considered that it would be inappropriate to fix a price for 2005 at that remove. There have not been any developments in the meantime which would require any different decision. I indicated at that time that quota sold after 2004 would not include the value of the new decoupled dairy premium and this would have to be reflected in a substantial reduction in the price of quota at that time.

Genetically Modified Organisms.

Eamon Ryan

Question:

116 Mr. Eamon Ryan asked the Minister for Agriculture and Food if his attention has been drawn to the large majority that supports agriculture which does not depend on GMOs or involve GMOs in any form; and if he will act with countries of a similar disposition to maintain Ireland as a GM free food producer. [5057/04]

The rules governing the production and use of GMOs within the European Community are set down in legislation which applies across all member states. This legislation has been jointly adopted by the Council of Ministers and the European Parliament. Given food safety and environmental concerns about the introduction of GMO produce into the Community, a series of legislative measures has been adopted over the last two years to ensure the highest level of protection for the citizens of the Community. This legislation covers the assessment and approval procedures for GM crops, food and feed, labelling and traceability.

The legislation on labelling and traceability which will apply from mid April next will ensure that consumers can continue to exert choice in the food they buy and have full confidence in the food supply chain. With regard to the growing of GM crops, each member state has responsibility for drawing up its own procedures under EU guidelines to ensure co-existence between GM and conventional crops. I have established an interdepartmental-interagency working group to examine and come forward with recommended guidelines on strategies and best practices to ensure such co-existence.

The Government has supported the general approach adopted by the EU Commission on GMOs. This position is compatible with the official Irish position on GM technology which is one of being positive but precautionary.

Poultry Industry.

Olivia Mitchell

Question:

117 Ms O. Mitchell asked the Minister for Agriculture and Food the steps he has taken to deal with the threat of avian flu; and if he will make a statement on the matter. [4862/04]

Detailed EU legislation lays down the conditions that member states must apply to the imports of products of animal origin from third countries. This harmonised legislation imposes a series of health and supervisory requirements designed to ensure that imported products meet standards at least equivalent to those required for production in, and trade between, member states. All meat imports must come from third countries or areas of third countries approved for export to the EU. The meat must be sourced from establishments that are approved and must bear an EU approved health mark. exporting establishments must have: standards equivalent to the requirements for EU export establishments; effective control systems and supervision by the competent authorities; traceability-labelling in accordance with the systems approved by the FVO and accepted and notified to the EU member states.

The food and veterinary office, FVO, of the EU carries out inspections to ensure that only establishments that meet hygiene and health standards equivalent to those operating within the EU are approved. Where the FVO considers that public health requirements are not being met by an approved establishment in a third country, the establishment may be removed from the EU approved list. If outbreaks of animal diseases occur in a third country approval to export to the EU is suspended for the infected regions of the country, or the whole country, as appropriate, until the disease risk has been eliminated.

Meat may only be imported into the European Community through a BIP that has been approved by the FVO. That office also carries out monitoring and inspection of member states' BIPs to ensure that the conditions for import of animal products into Europe, provided under harmonised EU legislation, are being correctly applied. In Ireland, border inspection posts which are approved for administering checks on direct imports of meat from third countries are Dublin Port, frozen, chilled and ambient temperature animal products, and Shannon Airport, chilled and ambient only.

Importers of meat must be registered with my Department. Importers must give advance notice of the arrival of meat to the BIP. Imported meat must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production as well as a health certificate conforming to the models set down in EU legislation. The meat must also be labelled. All consignments undergo a documentary and identity check and physical checks are carried out at frequencies laid down in EU law. Once imported meat has met all the required conditions it is released for free circulation within the community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed.

With regard to the discovery of avian influenza in certain countries of south east Asia, including Thailand, the EU response is being coordinated and operated by the EU Commission. In line with decisions of the European Commission, I introduced a number of measures specifically aimed at banning importation from that country of fresh poultry meat, meat preparations and meat products consisting of or containing poultry meat, raw materials for pet food containing any part of poultry obtained from birds slaughtered after 31 December 2003 as well as eggs for human consumption.

The Commission subsequently extended this ban to cover the import of such products from China, including the territory of Hong Kong, as well as raw materials for pet food containing any part of poultry, eggs for human consumption and non-treated game trophies from South Korea. A ban on the importation of live birds as well as unprocessed feathers from a number of countries in south east Asia has also been introduced. These controls must be kept in place until 15 August 2004. I have introduced controls to comply with the EU measures.

It should also be noted that the personal importation into the EU of any meat, including poultry meat, or milk products by passengers from third countries is prohibited under Community and national law. Transport operators who bring passengers from third countries into the EU are required under this legislation to bring this to the attention of passengers.

In addition to the measures dealing with imports, my Department is engaged in collaboration with the Department of Health and Children and the National Disease Surveillance Centre, NDSC, on updating the influenza pandemic preparedness plan; establishing further contacts between those involved in human and animal influenzas; the training of veterinary staff on avian influenza and emergency slaughter — this was already scheduled prior to the outbreaks in Asia; the preparation of posters and newspaper advertisements for travellers going to, and from, Asia; and collaboration with the NDSC on advice for poultry workers in the event of an outbreak of avian influenza. Leaflets have been sent out to all poultry flock owners which advise on biosecurity measures and clinical signs of avian influenza to look out for.

In addition to these measures, the following measures are already in place: a contingency plan in the event of an outbreak of avian influenza; guidelines for public health precautions to be taken during avian influenza investigations or controls; announcements on incoming flights and in the baggage reclaim area for people who have had contact with livestock, including meat or poultry, to contact the Department's office in the arrivals hall; and ongoing surveillance of avian influenza in poultry and wild birds.

Ministerial Meetings.

Joe Costello

Question:

118 Mr. Costello asked the Minister for Agriculture and Food if he will report on his meeting of 26 January 2004 with the Minister for Agriculture and Rural Development in Northern Ireland, Ian Pearson MP; and if he will make a statement on the matter. [4915/04]

I had a very useful discussion with Mr. Ian Pearson MP, Minister for Agriculture and Rural Development in Northern Ireland, on animal health issues and the implementation of the 2003 reform agreement on the Common Agriculture Policy.

On animal health, we reviewed the paper produced by both administrations reporting progress towards the development of co-ordinated animal health strategies for the island. We agreed that the ultimate objective of an all-island animal health strategy should be free movement of animals on the island subject to EU rules. We noted the main achievements to date including the development of complementary approaches towards preventing the introduction of animal disease, the convergence of policies on scrapie and the strengthening of co-ordination and co-operation on issues such as contingency planning, BSE and cross-Border fraud. We also noted the ongoing work on a wide range of issues, including animal identification and traceability, disease surveillance, animal welfare, the alignment of disease testing programmes and bio-security.

We have agreed to establish a joint working group to consider cross-compliance issues arising from implementation of CAP reform given the desirability of taking a joint approach to this within the island.

Decentralisation Programme.

David Stanton

Question:

119 Mr. Stanton asked the Minister for Agriculture and Food further to Parliamentary Question No. 254 of 3 February 2004, the service his Department will give to farmers in east Cork following his decision to decentralise his Department's Cork city staff to Macroom; the way in which this decentralisation will assist the farmers in east Cork; and if he will make a statement on the matter. [5081/04]

The decision to relocate staff of my Department from Cork city to Macroom is consistent with the Government's decentralisation programme of locating Government services in rural areas. I am satisfied that the quality of service to farmers from the Macroom office will be no less than that provided at present in Cork city.

Farm Retirement Scheme.

Pat Breen

Question:

120 Mr. P. Breen asked the Minister for Agriculture and Food the plans he has to increase the allowance payable to those in the farm retirement scheme; and if he will make a statement on the matter. [4845/04]

The rate of pension payable under the 1994 early retirement scheme is the maximum provided for by the EU Council regulation under which the scheme was introduced.

My Department's proposals for the current early retirement scheme, which is one of the measures in the CAP rural development plan for the period 2000-06, included provision for annual increases in pension over the period of the plan. The European Commission rejected this proposal and insisted that a fixed rate be set instead. My Department then proposed a rate that was the average of the scale initially proposed. This was acceptable to the Commission and is the rate provided for in the new scheme. There are no plans to increase the rate payable under this scheme.

Dairy Sector.

Trevor Sargent

Question:

121 Mr. Sargent asked the Minister for Agriculture and Food the price being paid to dairy farmers for milk in 2003 as compared to 1993, 1983 and 1973; and the action he is taking in view of the fact that farmers are being paid less today for milk than a decade ago. [5060/04]

The manufactured milk price paid to farmers for the years 1973-2003, expressed in cent per litre, to the nearest cent are set out as follows:

Year

Price cent/litre

1973

6c

1983

20c

1993

28c

2003

28c

The CSO published data for milk prices starts from 1976, therefore the 1973 price quoted is an estimate based on the total value and quantity of milk used in industry in 1973, while the 2003 price is based on the average price paid over 11 months.

The price paid for milk is a commercial matter between milk producers and purchasers. The manufactured milk prices, as quoted above, are determined by a combination of the international market for dairy products, the product mix and the efficiency of processing as well as the overall operation of the EU price support mechanisms. I have in the past, and will continue in the future, to insist that all EU price support mechanisms are utilised in the most appropriate and effective manner to support the market.

EU Directives.

John Bruton

Question:

122 Mr. J. Bruton asked the Minister for Agriculture and Food the estimated cost to the agricultural industry of the implementation in its current form of the draft directive on nitrates; and if he will make a statement on the matter. [4835/04]

It will not be possible to assess the full cost to the agricultural industry of the implementation of the nitrates directive until the European Commission has approved Ireland's proposals to give effect to the directive. The implementation of the nitrates directive is in the first instance a matter for the Minister for the Environment, Heritage and Local Government. A draft action programme, prepared by the Department of the Environment, Heritage and Local Government in conjunction with my Department and in consultation with Teagasc, was presented in December last to representatives of the main farming organisations and other stakeholders. A period of eight weeks is being provided for stakeholders to submit in writing their comments on the document to either or both Departments. This phase of the consultation process runs until tomorrow 19 February. When the consultation process has been completed and consideration has been given to the various submissions, definitive proposals for an action programme will be submitted to the European Commission. In the context of discussions with the Commission, the Government is also committed to seeking approval for farmers to operate, in appropriate circumstances, at levels of up to 250 kg of organic nitrogen per hectare per annum.

The main impact of the nitrates directive is likely to be in the area of waste storage capacity. My Department, in consultation with Teagasc, has made preliminary assessments of the quantity of additional waste storage capacity that may be needed to meet the requirements of the nitrates directive. Teagasc has also carried out a comprehensive farm facilities survey in recent months. The survey was undertaken to establish baseline data on farm facilities and management practices relating to manure, dirty water and fodder systems. It will provide comprehensive and up to date statistics which will be used in drawing up detailed arrangements to give effect at farm level to the action programme when it is approved.

Substantial financial aid will be available to farmers on whom the directive has an impact. In Sustaining Progress, the Government stated that "recognising the importance of the nitrates directive and its impact on certain farmers, a number of initiatives shall be taken in the context of optimising the use of available EU and national budgetary resources". These initiatives included a review of REPS with higher payment rates, and changes to the terms and conditions of the farm waste management scheme and dairy hygiene scheme, in particular increasing the income and eligible investment ceilings.

The improvements in the farm waste management scheme and dairy hygiene scheme have already been delivered. Proposals for REPS, including an average 28% increase in payments, are now with the European Commission for approval.

Food Industry.

Billy Timmins

Question:

123 Mr. Timmins asked the Minister for Agriculture and Food the plans he has to encourage consumers here to eat more vegetables; and if he will make a statement on the matter. [4867/04]

An Bord Glas has statutory responsibility for promoting the consumption of horticultural produce, including vegetables. The board is very active in this regard, and has promotional programmes in place to encourage the consumption of vegetables on an ongoing basis. The aim of the current programmes is to reach consumers in the younger age bracket and in lower income groups as consumption of vegetables is relatively low among these groups.

The elements of the board's promotional programmes include advertising on a national scale, public relations activities, in store tastings and the provision of recipe leaflets. Projects are also in place at primary school level with the aim of persuading young children of the benefits of eating vegetables and to encourage lifelong vegetable eating habits.

A major element of all campaigns is the emphasis placed on the importance of vegetables in terms of their nutritional value together with their ready availability, good quality and taste.

Organic Farming.

Michael D. Higgins

Question:

124 Mr. M. Higgins asked the Minister for Agriculture and Food his plans for improved investment in organic farming; if he has satisfied himself with current levels of training and start up support for organic farmers; and if he will make a statement on the matter. [4918/04]

Grant aid towards investment in the organic sector is provided through the scheme of grant aid for the development of the organic sector, which was approved under the National Development Plan 2000-2006. The scheme provides grant assistance for both on-farm and off-farm investment in equipment and facilities for preparation, grading, packing, storage and distribution of organic produce. Grant aid is payable at 40% of the eligible cost. The maximum grant payable over the duration of the scheme for on-farm investment is €50,790 while the maximum for off-farm investment is €508,000.

Organic farmers are also eligible for financial support through the rural environment protection scheme, REPS. REPS includes a supplementary measure for organic farming whose objective is to encourage producers to respond to the market demand for organically produced food. Currently, an organic farmer with 40 hectares in REPS can receive up to €13,280 a year, which includes payment of the basic measure, while a holding is in conversion to full organic status. When full organic status is obtained, such a farmer may receive an annual payment of up to €9,680, which also includes payment of the basic measure. Organic farmers will also benefit, subject to European Commission approval, from the higher payment rates and higher eligible areas agreed in Sustaining Progress that have been included in the proposed changes to the REP scheme. Under these proposals, the maximum payment while a holding is in conversion will rise to €18,505, and when full organic status is achieved the maximum payment will be €13,555.

In regard to training, the partnership expert working group, which advises the national organic steering group on the provision of training, education, research and advice, recommended the establishment of organic demonstration farms as a priority. I am pleased to say that as recently as last week, seven organic farms were approved on a pilot basis for this year to demonstrate a variety of organic farming methods. This initiative should provide valuable training and advice for both existing and potential organic farmers.

Dairy Sector.

Róisín Shortall

Question:

125 Ms Shortall asked the Minister for Agriculture and Food if his attention has been drawn to a recent survey conducted by Teagasc showing that one third of dairy farmers plan to leave the industry in the next three to ten years; the consequences this may have for the future of the dairy industry here; and if he will make a statement on the matter. [4942/04]

I am aware of the work to which the Deputy refers. For some time it has been clear that it is necessary for many producers in the dairy sector to scale up their operations in order to continue to operate profitably. This was identified in the report of the agri food 2010 committee and more recently in the Prospectus report. A reduction in the number of milk producers and the consequent scaling up of production by those remaining has been a feature of the sector in Ireland, in other EU member states and indeed in developed countries over several years.

I hope that the decoupling of the dairy premium from 2005, which I announced late last year, will put producers in a better position to make decisions, based on their own particular situations, whether to continue in the industry or to exit from milk production and pursue alternative enterprises.

As regards the future of the dairy sector, it is quite clear that further restructuring at production level will be a feature of the coming years for the dairy sector. The need for increased scale, at all levels within the dairy industry is necessary given our export dependence and the need to remain competitive on international markets.

Forestry Sector.

Paul Nicholas Gogarty

Question:

126 Mr. Gogarty asked the Minister for Agriculture and Food if he will report on the incidence of sudden oak death in the UK; if he expects trees here to fall victim to this virulent disease; and the measures he is taking to protect the timber industry here which employs over 6200 people. [5065/04]

The fungus that causes the disease known as sudden oak death was first discovered in the UK in May 2002. The latest information on incidence in the UK is that nine trees at three sites in Cornwall have now been found to be infected. The trees affected are four holm-oaks, a turkey oak, two beech trees, one sweet chestnut and a horse chestnut. Another tree in Sussex, of a different American species of oak, has also been found to be infected. Some 300 other outbreaks have been detected in the UK, which have mostly been confined to rhododendrons in nurseries and garden centres.

In Ireland the fungus has been found on rhododendron and viburnum shrub species at 31 garden centres-nurseries and on rhododendron at three locations in the wild. To date there have been no positive findings on oak or any other tree species.

There is a number of control mechanisms in place to prevent the introduction and spread of sudden oak death in Ireland. Legislation provides for controls on the movement of rhododendron and viburnum within the EU, including from the UK, through the plant passport system; for import controls into the EU on susceptible plants and wood from areas of the USA where the disease is known to occur; and a provision for official surveys for the fungus to be carried out in all member states. I am increasing our levels of vigilance and surveillance and mechanisms are in place to isolate, manage and where possible eradicate any instances found in Ireland.

Paul McGrath

Question:

127 Mr. P. McGrath asked the Minister for Agriculture and Food the plans he has to increase the amount of forestry that will be grown; if recent policy has hindered the growth of the industry; and if he will make a statement on the matter. [4853/04]

I regard forestry as a major and increasingly valuable land use option in Ireland. With this in mind, I will be doing whatever is necessary to ensure a vibrant forest sector as part of Government and agriculture policy for future years. The financial allocation for forestry in the 2004 Estimates has been increased by some 30%.

Since I announced the opening of applications in December there has been a heartening renewal of interest in planting for 2004. Applications for planting approval of over 17,000 hectares are at various stages of processing. I am confident that planting of at least 10,000 hectares can be achieved in 2004. Last week I announced the re-opening of the elements of the support programmes involving some €6 million, including the allocations for forest roads, forest reconstitution, the native woodland and the neighbourwood schemes.

I encourage all farmers and landowners seriously contemplating planting to recognise the financial and non-financial benefits that forestry offers and I state clearly that this Government's commitment to forestry is unequivocal and will be sustained. The necessary supports are in place to ensure vibrancy and growth in the sector.

Poultry Industry.

Kathleen Lynch

Question:

128 Ms Lynch asked the Minister for Agriculture and Food the procedures he has introduced at airports and other ports of entry to protect the Irish poultry industry from the risk of avian flu; and if he will make a statement on the matter. [4922/04]

Detailed EU legislation lays down the conditions that member states must apply to the imports of products of animal origin from third countries. This harmonised legislation imposes a series of health and supervisory requirements designed to ensure that imported products meet standards at least equivalent to those required for production in, and trade between, member states.

All meat imports must come from third countries or areas of third countries approved for export to the EU. The meat must be sourced from establishments that are approved and must bear an EU approved health mark. If outbreaks of animal diseases occur in a third country the Commission, under safeguard measures, can suspend approval to export to the EU for the infected regions of the country, or the whole country, as appropriate, until the disease risk has been eliminated.

Meat may only be imported into the European Community through a border inspection post, BIP, that has been approved by the food and veterinary office of the EU. In Ireland the BIPs that are approved for administering checks on direct imports of meat from third countries are Dublin Port, frozen, chilled and ambient temperature animal products, and Shannon Airport, chilled and ambient only.

Importers of meat must be registered with my Department give advance notice of the arrival of meat to the BIP. Imported meat must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production as well as a health certificate conforming to the models set down in EU legislation. The meat must also be labelled. All consignments undergo a documentary and identity check and physical checks are carried out at frequencies laid down in EU law. Once imported meat has met all the required conditions it is released for free circulation within the community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed.

The personal importation into the EU of any meat, including poultry meat, or milk products by passengers coming from third countries is prohibited under Community and national law. The transport operators who bring passengers from third countries into the EU are required under this legislation to bring the ban to the attention of passengers. Amnesty bins have been provided in the main airports for surrender of any animal product that has been inadvertently carried.

In addition to the measures dealing with imports, my Department is engaged in: collaboration with the Department of Health and Children and the National Disease Surveillance Centre, NDSC, on updating the influenza pandemic preparedness plan; establishing further contacts between those involved in human and animal influenzas; the training of veterinary staff on avian influenza and emergency slaughter — this was already scheduled prior to the outbreaks in Asia; the preparation of posters and newspaper advertisements for travellers going to and from Asia; and collaboration with the NDSC on advice for poultry workers in the event of an outbreak of avian influenza.

Leaflets have been sent out to all poultry flock owners which advise on biosecurity measures and clinical signs of avian influenza to look out for. In addition to these measures, the following measures are already in place: a contingency plan in the event of an outbreak of avian influenza; guidelines for public health precautions to be taken during avian influenza investigations or controls; announcements on incoming flights and in the baggage reclaim area for people who have had contact with livestock, including meat or poultry, to make contact the Department's office in the arrivals hall; and ongoing surveillance of avian influenza in poultry and wild birds.

Farm Household Incomes.

Jan O'Sullivan

Question:

129 Ms O'Sullivan asked the Minister for Agriculture and Food the impact on farming income and performance in Ireland of the entry of the accession countries to the European Union; and if he will make a statement on the matter. [4930/04]

From Ireland's point of view, an enlarged EU will create opportunities and be of benefit to the agri food sector. The European Single Market will increase by 106 million consumers. As a major exporter of agricultural products, the potential benefits, in trade and investment, of a market of 481 million people are significant.

As in any open market there will be additional competition. However, the contraction of agricultural production over the last decade in certain of the new entrant states has in effect meant that they are net food importers and this will in all likelihood result in market opportunities for Irish companies. As the budgetary provisions for the Common Agriculture Policy are now in place until 2013, Irish and EU farmers are provided with a significant level of financial security.

Food Labelling.

Denis Naughten

Question:

130 Mr. Naughten asked the Minister for Agriculture and Food his proposals for food labelling; and if he will make a statement on the matter. [4870/04]

Food labelling is a particularly complicated and broad based area. My primary aim is to protect consumer interest and to ensure that the consumer is properly informed. Ireland is a major exporter of food and food products and indeed there are also considerable imports, so it is imperative that the same standards are applied to the labelling of foods in every sector and that there is a level playing field for the food industry at all levels.

Following a request from the consumer liaison panel, I established the food labelling group in July 2002 to examine the whole food labelling issue. The group reported to me in December 2002 making a series of recommendations. I accepted the recommendations and set up an interdepartmental agency group to progress implementation.

Good progress has been made in the implementation of the recommendations. The two main issues that emanated from the recommendations of the labelling group were centralising enforcement in one agency and the definition of origin. It has been agreed that the enforcement of all of the food labelling regulations would be centralised in the Food Safety Authority of Ireland, FSAI. This will not only streamline the enforcement measures but it will also provide a one stop shop for any complaints on mislabelling of food. There was full agreement within the food labelling group that consumers have a right to information on the origin of the meat they cook in their homes or eat out. While the group could not agree on how origin should be defined, there was unanimous agreement that further research was necessary to establish consumers' wishes in this area. At my request the consumer liaison panel has carried out this research, the results of which were presented to me in December 2003.

I am determined, in so far as it is within the powers available to me, to meet the wishes of consumers, as identified in the research. I have recently introduced two regulations in relation to the labelling of poultry meat. The first of these regulations require poultrymeat, loose and pre-packaged, originating in a country outside the EU to bear an indication of the country of origin when offered for sale in a retail premises. The second requires information regarding class, price per unit weight, condition and slaughterhouse details in respect of loose poultrymeat, that is, non-prepackaged, to be provided to the consumer. Heretofore, while these labelling indications have been compulsory for pre-packaged poultrymeat, it had not been a requirement to provide this information for poultrymeat sold loose.

In addition to the above mentioned action, I have arranged that each sector will be reviewed on a commodity by commodity basis to identify any deficiencies, from a consumer viewpoint, in the labelling regulations for those commodities. Further action will be taken over the coming period in other commodity areas.

In the beef sector, EU beef labelling regulations on origin do not currently apply to beef sold in the food service outlets. These regulations are currently being reviewed in Brussels. In the context of that review, I wrote to Commissioner Fischler asking him to consider including a provision for the labelling of origin of meat in such outlets. It is expected that a report on the review will be issued in March.

I will comment briefly on the progress in the implementation of the recommendations. EU directive on labelling of ingredients which might cause an allergic reaction was agreed at the Council of Ministers in September 2003, with the support of Ireland. Two new EU draft directives on nutrition and health claims for food are being discussed at working party level in the EU. Ireland is supporting these proposals. My officials are in discussion with the National Council for Curriculum and Assessment and the Food Safety Promotion Board to progress the incorporation of food safety-labelling-consumer issues in the primary and secondary school curricula. The group's recommendation in regard to informing the consumer of the price per weight unit was addressed in legislation brought in by the Tánaiste and Minister for Enterprise, Trade and Employment in March 2003. The labelling group emphasised the responsibility of the food sector to produce safe food and to provide on all food and drink labels information that is clear, accurate and easy to read. In July of last year, I helped launch a practical guide for industry on food and drink labelling which was produced by Food and Drink Industry Ireland.

Milk Quota.

Olwyn Enright

Question:

131 Ms Enright asked the Minister for Agriculture and Food the plans he has to include the 7.1 million gallons of milk received under Agenda 2000 for decoupled payment; and if he will make a statement on the matter. [4861/04]

The total compensation available to Ireland under the dairy cow premium and national envelope is based on the level of the national milk quota in the year 1999-2000. Ireland's current quota includes an additional quantity of 150,000 tonnes negotiated under Agenda 2000 which has now been allocated on a priority basis. Therefore, for the purpose of calculating the dairy premium, the cumulative level of individual quotas needs to be adjusted to the level of the overall quota for 1999-2000. I am considering the most equitable way of achieving this, while taking account of the status of those producers who received allocations from the Agenda 2000 quota. I hope to make a decision in the matter in the near future.

Beef Industry.

Phil Hogan

Question:

132 Mr. Hogan asked the Minister for Agriculture and Food when he last held a meeting under the so called beef summit; the discussions he had and the agreements reached; when the group will meet again; and if he will make a statement on the matter. [4855/04]

When I convened a meeting of representatives of the main farming organisations and beef industry chief executives in December 2002, I did so against a backdrop of ongoing disputes between producers and processors which were damaging to the growth and development of the beef sector. The main purpose of the meeting was to enable an exchange of views on the issues that needed to be addressed to ensure that Irish beef achieves maximum export market penetration.

A number of significant outcomes were agreed. These included the acceptance that margins would have to be available for all involved, both at production and processing level. It was further agreed that the future market strategy would involve Irish beef moving up the value chain within the EU and gaining a greater spread of markets generally. It was also agreed that every market open to Irish beef should be availed of, in particular Egypt. There was general agreement that quality of product must be encouraged and that the Department would drive the introduction of mechanical classification.

Since then the beef trade has been performing extremely well. Last year the value of meat and livestock exports increased by 5% to just under €2 billion, largely due to the strong performance by beef and live animal exports. Irish beef exports increased in value by over 7% to €1.3 billion and the volume of beef exports increased by 9%. Almost 85% of exports went to countries in the EU, which compares to 50% in 2000. Exports to the UK showed further growth to reach 265,000 tonnes and was achieved despite a strengthening of the euro against sterling. One third of these exports went to multiple retailers, reflecting the higher value end of the market. The most significant development was the increase of 30% in the exports of beef to continental EU markets, reaching some 150,000 tonnes. As the EU remains a deficit beef producer, this market will provide continued growth opportunities for Irish beef exports.

While the volume of trade with third country markets was marginally lower, at 85,000 tonnes last year, this was off-set by better returns from sales to UK and continental EU markets. Irish beef was exported to Egypt for the first time since 1999, assisted by the special export refund I secured from the Commission. The live trade has also improved considerably in the last year compared to 2002, with an increase of 48% in the number of animals exported.

In the period since the meeting of the beef forum, cattle prices across all categories have improved considerably, with steer prices up by 9%, heifers by almost 4% and cows by one third. Huge progress has been made in regard to the introduction of mechanical grading. The legal basis for this has been put in place at EU and national level, machines have been put through the required trial and as of now three machines have been formally approved for use in Irish conditions. Last week I announced a scheme of grant assistance towards the purchase and installation of classification machines and I am confident that the new systems will be in operation in a large number of factories in the coming months.

As to the future, the market outlook for 2004 is very positive due to the combination of low EU production and strong consumer demand across the EU. The main growth is forecast in continental EU markets, notably France and Italy.

Overall, I am satisfied that the issues identified and the actions promised have been delivered, although should the circumstance so warrant I would not hesitate to convene another meeting of the main players in the beef industry. I would add that meetings are held at regular intervals with the various representative groups on current issues. The sector is also represented on the agri vision 2015 group.

Farm Inputs.

Phil Hogan

Question:

133 Mr. Hogan asked the Minister for Agriculture and Food if he will carry out a study of the increase in the cost of farm inputs; and if he will make a statement on the matter. [4857/04]

The Central Statistics Office, CSO, produces annual estimates of the value of farm inputs at aggregate level in the output, input and income in agriculture. According to the CSO's preliminary estimate for 2003 the value of farm inputs increased by 0.8% to €3,148.7 million.

The national farm survey produced by Teagasc is an in-depth survey which measures farm incomes across the main farming systems on an annual basis. In 2002 the latest year in which data is available 1,176 farms were surveyed representing 116,400 farms. The survey found that in 2002, overall direct costs, inputs, increased by 5% on all systems.

In 2003, I commissioned an independent report from FAPRI-Ireland on the effects of the CAP mid-term review agreement and the Commission's WTO proposals on agriculture. The study examines three decoupling scenarios with FAPRI's baseline, no policy change, model for Irish agriculture in the period to 2012. FAPRI found that following the introduction of full decoupling in all member states there would be a reduction in input costs brought about by lower animal numbers and more extensive production.

Horticulture Sector.

John Gormley

Question:

134 Mr. Gormley asked the Minister for Agriculture and Food if his attention has been drawn to the serious threat to the viability of growers caused by the sharp increase by over 30% in recent months in the price of gas; and if he will have an urgent meeting with the glasshouse growers committee of the Irish Farmers' Association to address this issue. [5068/04]

The Commissioner for Energy Regulation is responsible for the regulation of the Irish natural gas market. The liberalisation of this market is proceeding on a phased basis with a view to full market opening by 2005.

I am aware that the deregulation of this market has led to price increases and that this has had an impact on glasshouse growers as a significant portion of their costs comprise energy costs. In this regard my colleague, the Minister of State, Deputy Treacy, met the glasshouse growers committee of the IFA last October. My officials are available to meet the committee again and to consider any points which it wishes to raise.

Grant Payments.

Fergus O'Dowd

Question:

135 Mr. O'Dowd asked the Minister for Agriculture and Food when the details of the Fischler proposals will be published; and if he will make a statement on the matter. [4860/04]

It is assumed that the Deputy is referring to discussions on the EU Commission detailed rules regulation for implementing the single payment scheme. The position is that discussions on the detailed rules regulation are ongoing through a series of working groups. The Commission hopes to have agreement on the detailed rules by early April 2004.

Organic Farming.

Ciarán Cuffe

Question:

136 Mr. Cuffe asked the Minister for Agriculture and Food if he will report on the meeting with the three organic certification bodies in December 2003 with a view to finally implementing legislation to stop food being fraudulently sold as organic when it is not in compliance with certification requirements. [5064/04]

Substantial progress was made on the future control arrangements for the organic sector at a meeting with representatives of the three private organic inspection bodies in December last. My intention is to introduce, by the end of next month, the necessary legislation in the form of a statutory instrument, which will give my Department powers to prosecute operators not in compliance with Council Regulation (EEC) No. 2092/91, as amended.

Question No. 137 answered with QuestionNo. 110.

EU Directives.

Simon Coveney

Question:

138 Mr. Coveney asked the Minister for Agriculture and Food the input he had into the nitrates directive; and if he will make a statement on the matter. [4836/04]

Officials of my Department, in consultation with Teagasc, have had discussions with officials of the Department of the Environment, Heritage and Local Government in advance of the publication in December of a draft action programme giving effect to the nitrates directive. The draft action programme was then presented to representatives of the main farming organisations and other stakeholders. A period of two months was provided for stakeholders to submit in writing their comments on the document to either or both Departments. This phase of the consultation process runs until tomorrow 19 February.

The implementation of the nitrates directive is in the first instance a matter for the Minister for the Environment, Heritage and Local Government. When consideration has been given to the various comments received from stakeholders in response to the draft published in December, definitive proposals for an action programme will be submitted to the European Commission.

Storage Plants.

Róisín Shortall

Question:

139 Ms Shortall asked the Minister for Agriculture and Food the precise locations of plants other than those under the jurisdiction of his Department, where meat and bone meal is stored; the criteria applied for the approval of these stores; and if he will make a statement on the matter. [4941/04]

All premises used for the storage of meat and bone meal are subject to approval by my Department and are under the supervision of my Department's veterinary inspectorate. The conditions which must be met for approval of such stores are set out in EU Regulation 1774/2002 which lays down the health rules concerning animal by-products not intended for human consumption. To date, there are 45 such stores being used for the storage of meat and bone meal throughout the country.

Food Industry.

Willie Penrose

Question:

140 Mr. Penrose asked the Minister for Agriculture and Food the efforts his Department will make to promote Irish fruit and vegetable production; if he is concerned that the market share of Irish vegetable production is declining; if imports of fruit and vegetables are increasing; and if he will make a statement on the matter. [4933/04]

An Bord Glas has a statutory role in developing and assisting the production of fruit and vegetables. The board is involved in promoting production at all levels, including encouraging the formation of producer organisations to enable producers to meet the demands of the centralised supply system now in operation. The board also works with the organic development group and this is an area which is showing significant growth. Routine inquiries on production are dealt with on a daily basis by the board.

My Department promotes fruit and vegetable production through the EU funded producer organisation scheme and under the grant scheme of investment aid for the development of the commercial horticulture under the national development plan. In 2003, there were 17 fruit and vegetable producer organisations in operation and they were in receipt of EU payments totalling €3.78 million. An amount of €1.437 million was also paid out under the NDP scheme in respect of 117 fruit and vegetable projects in 2003.

In general, Ireland is 70% self-sufficient in vegetables with this figure rising to 90% in season. While the market share of Irish vegetable production is declining and imports are increasing, this is due in part to the demand by consumers for more exotic products, which are not grown in Ireland for climatic and economic reasons. Overall consumption of vegetables is however increasing and the value of retail sales stands at €322 million. Growth areas include prepared and organic produce and the food service sector is showing significant growth.

Grant Payments.

Jan O'Sullivan

Question:

141 Ms O'Sullivan asked the Minister for Agriculture and Food his views concerning the supports he will put in place to assist farmers planning for decoupling in 2005; and if he will make a statement on the matter. [4931/04]

Following the publication of European Council regulation at the end of September 2003 and having given careful consideration to the outcome of the public consultative process I initiated earlier, I decided in October 2003 that all direct payments for cattle, sheep and arable crops will be decoupled from production as and from 1 January 2005. I made my decision on full decoupling well ahead of the effective date of 1 January 2005 to enable farmers and the markets to adjust and to plan ahead with confidence.

To ensure farmers were kept informed of developments, my Department published an explanatory guide to the mid-term review of CAP. In addition, a series of information meetings were arranged in conjunction with Teagasc to inform farmers of the outcome of negotiations following the Luxembourg agreement.

While the European Commission detailed rules regulation has not yet been agreed, my Department has commenced the work of establishing entitlements for every individual farmer in the country. It will not be possible to finalise this work until such time as the Commission detailed rules are fully agreed which will be late spring of this year. It is envisaged that provisional entitlements will be notified to each farmer later this year and definitive entitlements will be notified to each farmer with the area aid application in 2005.

The European Council regulation provides that a farmer whose production was adversely affected during the reference period by a case of force majeure or exceptional circumstances occurring before or during the reference period, shall be entitled to request that the reference amount be calculated on the basis of the calendar year or years in the reference period not affected by the case of force majeure or exceptional circumstances. However, the farmer concerned must apply to be considered under force majeure and submit detailed documentary evidence to support his or her case. Application forms to claim force majeure were made available from my Department on 8 December last and I arranged for the closing date for receipt of completed applications to be extended from 23 January 2004 to 6 February 2004. Processing of those applications is now underway and farmers will be notified of the result of their application for force majeure as soon as possible.

Staff in my Department are continuing on a daily basis to answer any queries which farmers may have in regard to the decoupled payment system. Meetings are taking place on an ongoing basis with the farming bodies as issues arise. My Department and the EU Commission are meeting regularly where issues of concern to Ireland are being discussed. It is my intention to publish a new comprehensive guide to the single payment scheme when the Commission detailed rules are finally agreed and a copy of the guide will be issued to each farmer for his or her information.

Farm Household Incomes.

Michael Ring

Question:

142 Mr. Ring asked the Minister for Agriculture and Food his views on whether the farmers are receiving a fair payment for their produce; and if he will make a statement on the matter. [4847/04]

The prices received by producers and obtained in retail establishments are determined by the process of free negotiation within the market place. The level of supply of a certain product, the degree of competitiveness within a sector at both producer and processing level and the level of consumer demand will all influence the final price received by the producer.

Similarly, the prices received by retail outlets are dependent on a range of influences. The location of retailers, transport costs, the degree of processing and refinement of the product and other similar factors all have an impact upon the final pricing of foodstuffs. It is also important to note that there is a range of market support regimes in place as well as a system that provides substantive direct income supports to farmers.

Rendering Plants.

Joe Sherlock

Question:

143 Mr. Sherlock asked the Minister for Agriculture and Food the precise location of the nine Department of Agriculture and Food approved rendering plants for meat and bone meal and if he will make a statement on the matter. [4940/04]

The following are the locations of the nine rendering plants approved by my Department: Dublin Products, Dunlavin, County Wicklow; College Proteins Ltd., Nobber, County Meath; Monery By-Products, Crossdoney, County Cavan; Munster Proteins, Cahir, County Tipperary; Premier Proteins, Poolboy, Ballinasloe, County Galway; Slaney Proteins, Ryland, Bunclody, County Wexford; Western Proteins, Ballyhaunis, County Mayo; Waterford Proteins, Christendom, Ferrybank, County Waterford; and Mahoonagh Proteins, Castlemahon, County Limerick

EU Directives.

Billy Timmins

Question:

144 Mr. Timmins asked the Minister for Agriculture and Food the discussions his Department has had with the Department for the Environment, Heritage and Local Government with respect to the draft nitrates directive; and if he will make a statement on the matter. [4833/04]

The implementation of the nitrates directive is in the first instance a matter for the Minister for the Environment, Heritage and Local Government. A draft action programme giving effect to the directive, which was prepared by the Department of the Environment, Heritage and Local Government in conjunction with my Department and in consultation with Teagasc, was presented in December last to representatives of the main farming organisations and other stakeholders. A period of two months was provided for stakeholders to submit their comments on the document in writing to either or both Departments. This period runs until tomorrow, 19 February. When the consultation process has been completed and consideration has been given to the various submissions, definitive proposals for an action programme will be submitted to the European Commission.

Meat and Bonemeal Disposal.

Joe Sherlock

Question:

145 Mr. Sherlock asked the Minister for Agriculture and Food the extent of efforts made to ensure that the cost of the disposal of waste meat and bone meal provides value for money for the Exchequer; and if he will make a statement on the matter. [4939/04]

Contracts for the disposal of 172,000 tonnes of meat and bone meal were offered by way of an EU-wide tender competition launched in October of last year. I am satisfied that competitive tender together with subsequent negotiations undertaken by my Department yielded the best possible prices for the incineration of these stocks.

Farm Safety Statements.

Pat Breen

Question:

146 Mr. P. Breen asked the Minister for Agriculture and Food the estimated number of farmers who have a safety statement; and if he will make a statement on the matter. [4843/04]

The Health and Safety Authority estimate that currently approximately 10% to 15% of farmers have safety statements. I am very concerned with the level of safety on our farms. The number of people killed or injured annually on farms remains unacceptably high. It is imperative that all farmers acknowledge that farming is a hazardous occupation and one that carries specific risks to themselves, their workers and their families. All necessary steps to minimise the risks must be taken, including the preparation of farm safety statements. I am totally supportive of the work of the Health and Safety Authority. All in all, my Department, in conjunction with the Health and Safety Authority, is giving the issue of farm safety the highest priority and will continue to do so.

Certification Fees.

Ruairí Quinn

Question:

147 Mr. Quinn asked the Minister for Agriculture and Food the measures he has taken to resolve the dispute between vets and farmers over dairy herd certification fees; and if he will make a statement on the matter. [4934/04]

My Department was involved in discussions with Veterinary Ireland and the farming organisations in regard to this matter and following the satisfactory conclusion of these discussions, I published a press notice on 24 January outlining the details for the operation of veterinary inspections for dairy herds during 2004. The actual arrangements for the inspection, including the level of fees to be charged, are a matter for agreement between the dairy farmer and the veterinary practitioner concerned.

Food Safety Standards.

Liz McManus

Question:

148 Ms McManus asked the Minister for Agriculture and Food his views on whether the quality and safety of agricultural products from non-EU countries are comparable with those produced within the EU; and if he will make a statement on the matter. [4924/04]

The position with regard to the import of fresh meat and animal products from countries outside the European Community is as follows. Under EU harmonised rules, imports into the European Union from third countries must have been sourced in premises and in countries, which are approved by the European Commission's food and veterinary office, FVO. This office carries out inspections to ensure that only establishments that meet hygiene and health standards equivalent to those operating within the EU are approved. The evaluation of third countries is on the following basis: there are systems in place for the rapid detection, reporting and confirmation of list A diseases of the Office International des Epizooties, OIE; there is access to laboratory facilities that allow detection and confirmation to take place; there are animal disease control systems in place whose operation and outcome must be recorded and demonstrable — for example, registration of holdings, animal identification and movement controls; there are operational contingency plans for the control of and/or the eradication of OIE list diseases; and that the import policy in the country, including its controls, as well as the animal health situation in neighbouring countries, have been assessed as acceptable.

Where the FVO is satisfied that public health requirements are not being met by an approved establishment in a third country, the establishment may be removed from the EU approved list. If outbreaks of animal diseases occur in a third country approval to export to the EU is suspended for the infected regions of the country, or the whole country, as appropriate, until the disease risk has been eliminated.

Animal products being imported into the European Community may only enter through a border inspection post, BIP, that has been approved by the FVO. That office also carries out monitoring and inspection of each member state's BIPs to ensure that the conditions for import of animal products into Europe, provided under harmonised EU legislation, are being correctly applied. In Ireland the border inspection posts approved for administering checks on direct imports of consignments of animal products from third countries are Dublin Port, frozen, chilled and ambient temperature animal products, and Shannon Airport, chilled and ambient only, and these posts are staffed by officials from my Department.

In addition importers must be registered with my Department. They must give advance notice of the arrival of animal products. The products must be accompanied by the appropriate commercial documentation, which shows country and approval number of the establishment of production as well as a health certificate which conforms to the models set down in EU legislation. The products must comply with packing, labelling and temperature control requirements. All consignments undergo a documentary and identity check and physical checks are carried out at frequencies laid down in EU law. Where required, sampling for laboratory analysis for the purposes of safeguarding human and animal health is carried out. Once imported meat has met all the required conditions it is released for free circulation within the community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed.

There is a harmonised regime on protective measures against the introduction into and spread within the Community of organisms harmful to plants and plant products. This regime includes, depending on risk, such measures as prohibitions, certification, surveillance, treatment, inspection on entry and destruction of offending material. It also includes special measures where Ireland is recognised as having protected zone status within the community. The plant health regime is implemented strictly by my Department.

Food of plant origin which is imported into the community from outside of the EU is subject to the same controls that apply to domestically produced produce. To date the monitoring programme in place dealing with pesticide residues does not indicate that there is any increased risk to the consumer associated with the consumption of food of plant origin imported into the EU from third countries.

Marketing standards for fresh fruit and vegetables are laid down at EU level and checks on compliance take place on the internal market and at the point of import. Before release for free circulation products from third countries are checked for conformity with these standards and a certificate of conformity must issue in this regard. In certain cases these conformity checks may be carried out by the third country, provided that country has been approved by the EU Commission.

Decentralisation Programme.

Breeda Moynihan-Cronin

Question:

149 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food the decentralisation plans for his Department following the announcement in the December 2003 budget by the Minister for Finance of the relocation of certain sections of the Department to Portlaoise, Macroom, Enniscorthy and Carlow; the timescale in which he hopes the decentralisation plan for his Department will be complete; and if he will make a statement on the matter. [4926/04]

The Government has established a central implementation committee chaired by Mr. Philip Flynn to oversee the decentralisation programme announced by the Minister for Finance in the Budget Statement in December 2003. My Department has set up an internal committee to implement the decentralisation programme in so far as my Department is concerned. This committee is liaising with the central implementation committee and all other relevant bodies such as An Bord Bia, An Bord Glas, Teagasc and the Office of Public Works on all aspects of the decentralisation programme. My Department will comply with the Government timescale for completion of the relocation and has already commenced the preparatory work.

Legislative Proposals.

Eamon Gilmore

Question:

150 Mr. Gilmore asked the Minister for Agriculture and Food his legislative priorities for the new Dáil session; and if he will make a statement on the matter. [4916/04]

The Bord Bia (Amendment) Bill 2004, to amalgamate an Bord Bia and Bord Glas, has passed all stages in Seanad Éireann and will be taken in the Dáil on 19 February. It is anticipated that the following legislation will be introduced during the current Dáil session: a Bill to regulate the veterinary profession and ancillary activities to replace and update existing legislation regulating the veterinary profession and related activities; and the Land Bill 2004 to introduce a further buy-out scheme and other ancillary matters relating to the Land Acts.

Milk Quota.

Richard Bruton

Question:

151 Mr. R. Bruton asked the Minister for Agriculture and Food the plans he has to introduce new milk quota restructuring proposals; and if he will make a statement on the matter. [4868/04]

In December 2003, I announced the main details of the 2004 milk quota restructuring scheme. This included the maximum price to be paid for quota, the allocation formula and the priority categories to apply in the year ahead. I am satisfied that the current model of restructuring has played a vital part in sustaining the viability of dairy farming throughout the country over the past 15 years, being a fair system both for those exiting and for those expanding. However, the introduction of a decoupled dairy premium payment in 2005 will obviously affect the operation of the restructuring scheme. In setting the price for the 2004 scheme, I indicated that the price level for the following year would have to reflect the fact that those selling into the scheme would retain the value of the premium payment. I have not yet decided on the arrangements for the 2005 scheme.

Poultry Industry.

Brendan Howlin

Question:

152 Mr. Howlin asked the Minister for Agriculture and Food the level of testing and controls applied to poultry meat imported from non-EU countries; if he has satisfied himself that these tests are sufficient to ensure the quality of imported poultry; and if he will make a statement on the matter. [4920/04]

Detailed EU legislation lays down the conditions that member states must apply to the imports of products of animal origin from third countries. This harmonised legislation imposes a series of health and supervisory requirements designed to ensure that imported products meet standards at least equivalent to those required for production in, and trade between, member states.

All meat imports must come from third countries or areas of third countries approved for export to the EU. To be an approved country, it must appear on a list drawn up and updated on the basis of EU audits and guarantees given by the competent authority of the exporting country; have veterinary controls equivalent to those applicable in the EU, particularly in terms of legislation, hygiene conditions, animal health status, veterinary medicines controls, zoonoses controls and other food law; and a residues programme approved by the European Commission must be in place.

The meat must be sourced from establishments that are approved and must bear an EU approved health mark. Exporting establishments must have standards equivalent to the requirements for EU export establishments; effective control systems and supervision by the competent authorities; and traceability labelling in accordance with the systems approved by the FVO and accepted and notified to the EU member states.

The food and veterinary Office, FVO, of the EU carries out inspections to ensure that only establishments that meet hygiene and health standards equivalent to those operating within the EU are approved. Where the FVO considers that public health requirements are not being met, an establishment may be removed from the EU approved list. If outbreaks of animal diseases occur in a third country approval to export to the EU is suspended for the infected regions of the country, or the whole country, as appropriate, until the disease risk has been eliminated.

Meat may only be imported into the European Community through a BIP that has been approved by the FVO. That office also carries out monitoring and inspection of member states' BIPs to ensure that the conditions for import of animal products into Europe, provided under harmonised EU legislation, are being correctly applied. In Ireland, border inspection posts that are approved for administering checks on direct imports of meat from third countries are Dublin Port, frozen, chilled and ambient temperature animal products, and Shannon Airport, chilled and ambient only.

Importers of meat must be registered with my Department. Importers must give advance notice of the arrival of meat to the BIP. Imported meat must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production as well as a health certificate conforming to the models set down in EU legislation. The meat must also be labelled. All consignments undergo a documentary and identity check and physical checks are carried out at frequencies laid down in EU law. Once imported meat has met all the required conditions it is released for free circulation within the community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed.

Where there are concerns with regard to the effectiveness of controls being operated in an approved third country, the Commission, in consultation with the standing committee on animal health and the food chain, may introduce specific controls by means of a safeguard measure to ensure the protection of human and animal health. In 2002, the presence of nitrofuran, a growth promoting substance, had been detected in poultry meat imported from Brazil and this presented a potential risk for human health. Accordingly, in October 2002, following a decision of European Commission's standing committee on the food chain and animal health, I introduced the requirement for the sampling and testing of all direct imports into Ireland of poultry meat and poultry meat products from Brazil. Consignments may only be released when test results are clear.

The FVO has assessed that the action plan put in by the Brazilian authorities to address the deficiencies is being implemented and enforced. The results of the checks carried out by the member states on direct imports have also shown improvement. No poultry meat from Brazil has tested positive for nitrofurans at any BIP in the EU since August 2003.

With regard to the discovery of avian influenza in certain countries of south east Asia, including Thailand, the response is being co-ordinated and operated by the EU Commission. In line with decisions of the European Commission, I introduced a number of measures specifically aimed at banning importation from that country of fresh poultry meat, meat preparations and meat products consisting of or containing poultry meat, raw materials for pet food containing any part of poultry obtained from birds slaughtered after 31 December 2003 as well as eggs for human consumption.

The Commission subsequently extended this ban to cover the import of such products from China, including the territory of Hong Kong, as well as raw materials for pet food containing any part of poultry, eggs for human consumption and non-treated game trophies from South Korea. A ban on the importation of live birds as well as unprocessed feathers from a number of countries in south east Asia has also been introduced. These controls must be kept in place until 15 August 2004. Before that date, the FVO will have reviewed the operation of these measures and the evolution of the disease and will submit its report. At that time an assessment will be made as to the appropriate controls to be applied.

It should also be noted that the personal importation into the EU of any meat, including poultry meat, or milk products by passengers from third countries is prohibited under Community and national law. The transport operators who bring passengers from third countries into the EU are required under this legislation to bring this ban to the attention of passengers.

Liz McManus

Question:

153 Ms McManus asked the Minister for Agriculture and Food if he intends to lift the ban on 100% testing of chicken portions from Brazil for nitrofuran; if he intends introducing tighter controls to all meat and poultry imports from non-EU countries given the recent scare arising from avian flu in Thailand; and if he will make a statement on the matter. [4925/04]

In 2002, the presence of nitrofuran, a growth promoting substance, was detected in poultry meat imported from Brazil and this presented a potential risk for human health. The food and veterinary office, FVO, of the European Commission assessed the controls that were in place in that country and, taking into account assurances given by the competent authorities to strengthening these controls, recommended that as a safeguard measure all imports into the EU be sampled and tested. The position was to be reviewed in the light of the operation of these guarantees and on the results of testing of direct imports. Accordingly, in October 2002, I introduced the requirement for the sampling and testing of all direct imports into Ireland of poultry meat and poultry meat products from Brazil. Consignments may only be released when test results are clear.

The FVO has assessed that the action plan put in by the Brazilian authorities to address the deficiencies is being implemented and enforced. The results of the checks carried out by the member states on direct imports have also shown improvement. No poultry meat from Brazil has tested positive for nitrofurans at any BIP in the EU since August 2003. With regard to this country nitrofurans have not been detected in any samples taken from direct imports. In the circumstances, the standing committee has recommended to the Commission that the level of testing for nitrofurans be reduced to 20%. When the Commission publishes its decision, I will amend the current level of controls applied in this country accordingly.

The position in regard to exports from third countries is that detailed EU legislation in the veterinary field lays down the conditions that member states must apply to the imports of products of animal origin from third countries. This harmonised legislation imposes a series of health and supervisory requirements designed to ensure that imported products meet standards at least equivalent to those required for production in, and trade between, member states.

Under that harmonised legislation, all products of animal origin imported into the EU must come from approved countries, approved establishments in those countries, travel with a health certificate and commercial document, be appropriately labelled and be presented for a veterinary check at an EU approved border inspection post.

With regard to the discovery of avian influenza in certain countries of south east Asia, including Thailand, the EU response is being co-ordinated and operated by the EU Commission. In line with decisions of the European Commission, I introduced a number of measures specifically aimed at banning importation from that country of fresh poultry meat, meat preparations and meat products consisting of or containing poultry meat, raw materials for pet food containing any part of poultry obtained from birds slaughtered after 31 December 2003 as well as eggs for human consumption. The decision does not apply to poultry meat products that have been heat treated.

The Commission subsequently extended this ban to cover the import of such products from China, including the territory of Hong Kong, as well as raw materials for pet food containing any part of poultry, eggs for human consumption and non-treated game trophies from South Korea. A ban on the importation of live birds and as well as unprocessed feathers from a number of countries in south east Asia has also been introduced. These controls must be kept in place until 15 August 2004. Before that date, the FVO will review the operation of these measures and the evolution of the disease and will submit its report to the Commission and the standing committee on animal health and the food chain. At that time an assessment will be made as to the appropriate controls that must be applied.

As can be seen from the above, the EU Commission is closely monitoring the avian influenza situation and is taking the necessary action. In the circumstances, there is no need to introduce tighter controls on imports from other third countries.

My colleague, the Minister for Health and Children, discussed the matter of avian influenza and issues regarding mutual co-operation in Europe to combat this disease with the European Health Ministers in Brussels on 12 February. Ministers also agreed on the need for the provision of balanced information to the public and press to avoid undue alarm while maintaining a strong position of alertness. It was also agreed that Health Ministers across Europe would continue to co-ordinate their responses to this public health challenge.

In addition to the measures dealing with imports, my Department is engaged in collaboration with the Department of Health and Children and the National Disease Surveillance Centre, NDSC, on updating the influenza pandemic preparedness plan; establishing further contacts between those involved in human and animal influenzas; the training of veterinary staff on avian influenza and emergency slaughter, this was already scheduled prior to the outbreaks in Asia; the preparation of posters and newspaper advertisements for travellers going to and from Asia; and collaboration with the NDSC on advice for poultry workers in the event of an outbreak of avian influenza. Leaflets have been sent out to all poultry flock owners which advise on biosecurity measures and clinical signs of avian influenza to look out for.

In addition to these measures, the following measures are already in place: a contingency plan in the event of an outbreak of avian influenza; guidelines for public health precautions to be taken during avian influenza investigations or controls; announcements on incoming flights and in the baggage reclaim area for people who have had contact with livestock, including meat or poultry; and ongoing surveillance of avian influenza in poultry and wild birds.

I have recently introduced two statutory instruments concerning the labelling of poultry meat. The first of these regulations requires poultry meat, loose and pre-packaged, originating in a country outside the EU to bear an indication of the country of origin when offered for sale in a retail premises. The second requires information regarding class, price per unit weight, condition and slaughterhouse details in respect of loose poultry meat, that is, non pre-packaged, to be provided to the consumer. Heretofore, while labelling indications have been compulsory for pre-packaged poultry meat, it had not been a requirement to provide this information for loose poultry meat.

Departmental Funding.

John Gormley

Question:

154 Mr. Gormley asked the Minister for Agriculture and Food the Government funding which has gone over the past ten years to the Kildare Hunt via funding for the Punchestown centre. [5067/04]

My Department has provided €14,642,869.33 towards the development of facilities at the Punchestown Exhibition and Event Centre.

Question No. 155 answered with QuestionNo. 114.

Agriculture Industry Proposals.

Bernard J. Durkan

Question:

156 Mr. Durkan asked the Minister for Agriculture and Food his plans for a medium and long-term plan for agriculture here; and if he will make a statement on the matter. [5059/04]

I have always been aware of the need for long-term planning in the sector. In 2003, the fourth Department statement of strategy was published. The statement of strategy describes the environment, both internal and external, within which the Department operates and identifies the challenges ahead. It states our mission for the three years ahead, identifies the goals and strategies of the Department on a long-term basis and describes the evaluation and monitoring process culminating in an annual report. At a practical level, it forms the basis of all the divisional business plans of the Department that identify the specific actions that will be undertaken to implement the strategies contained in the document to develop and support the sector.

To further enhance the planning process, I formed the agri food 2010 committee in 1999 to advise me on the best long-term approach to be taken in the sector. That group presented what I believe was a detailed and coherent plan. In response to that committee's report my Department drew up an extensive plan of action. The vast majority of the recommendations from this plan of action have been implemented.

It is with a view to continuing the planning process for the long-term future of the agri food sector, with the changing internal and external environments, that I have established a new group to set out a vision for the agriculture and food sector over the coming decade. This new group referred to as the agri vision 2015 committee and has been asked to review the recommendations of the agri food 2010 report in the context of developments since the report was completed. This new group is broadly based and possesses a wide range of skills and experience. It is drawn from farming, the food industry, research, academia and the State agencies with a direct interest in the agriculture and food industries.

Grant Payments.

Bernard J. Durkan

Question:

157 Mr. Durkan asked the Minister for Agriculture and Food the number of applications he has received for direct payment under the force majeure heading; when he expects decisions to be reached; and if he will make a statement on the matter. [5058/04]

My Department received in excess of 14,000 applications from farmers, requesting consideration of force majeure — exceptional circumstances to be taken into account in the calculation of their entitlements under the single payment scheme. The processing of these applications has commenced and individual applicants will be informed of the outcome of their application in due course.

Poultry Industry.

Gay Mitchell

Question:

158 Mr. G. Mitchell asked the Minister for Agriculture and Food the position regarding the outbreak of avian influenza in Asia; the steps being taken by the European Union to prevent the spread of this disease; and if he will make a statement on the matter. [4315/04]

The continuing presence of avian influenza in Asia is being monitored closely by the European Commission and also by my Department. With the rapidly changing situation in Asia the European Commission is constantly reviewing safeguard measures as adopted in Commission decisions 2004/84/EC and 2004/93/EC.

On 3 February 2004, the standing committee on the food chain and animal health voted to adopt Commission decision 2004/122/EC, which places a ban on the importation from Cambodia, Indonesia, Japan, Laos, Pakistan, the People's Republic of China, including the territory of Hong Kong, South Korea, Thailand and Vietnam of: all live birds, including birds accompanying their owners, that is, pet birds; fresh meat of poultry, ratites, wild and farmed feathered game; meat preparations and meat products consisting of, or containing, meat of those species mentioned above; raw material for pet food production; eggs for human consumption; and unprocessed feathers and parts of feathers.

The only products that are allowed to be imported are poultry meat and game-meat meat products from Thailand slaughtered before 1 January 2004; and poultry meat and game-meat meat products from Thailand that have undergone a heat treatment process. I emphasise that prior to the outbreak of avian influenza in Asia, the only imports of poultry related products from the countries affected were poultry meat from Thailand and processed feathers from the People's Republic of China. The scientific evidence available to date suggests that close contact with live infected birds constitutes by far the greatest risk of transmission of the avian influenza virus to humans. None of the countries currently affected with avian influenza are authorised by the European Commission to export live poultry to the European Union.

In addition to the measures being implemented at European level, at national level my Department is engaged in collaboration with the Department of Health and Children and the National Disease Surveillance Centre, NDSC, on updating the influenza pandemic preparedness plan; establishing further contacts between those involved in combating human and animal influenzas; the training of veterinary staff on avian influenza aspects and emergency slaughter; the preparation of posters and newspaper advertisements for travellers going to, and from Asia; and collaboration with the NDSC on advice for poultry workers in the event of an outbreak of avian influenza. Leaflets have been sent out to all poultry flock owners which provide advice on biosecurity measures and clinical signs of avian influenza.

In addition to the above, the following measures are already in place: a contingency plan in the event of an outbreak of avian influenza; guidelines on public health precautions to be taken during avian influenza investigations or controls; announcements on incoming flights and in the baggage reclaim area for people who have had contact with livestock including poultry to contact the Department's office in the arrivals hall; an existing ban on the importation from third countries of meat and meat products in personal baggage, other than proprietary brand infant food or special food for medical reasons which does not require refrigeration and is in packaging that is unbroken; and ongoing surveillance of avian influenza in poultry and wild birds

Implementation of the measures mentioned above, along with the combined efforts and resources of the international community significantly reduce the threat of avian influenza spreading further afield.

Milk Quota.

Brian O'Shea

Question:

159 Mr. O'Shea asked the Minister for Agriculture and Food his views on the milk quota; if he has satisfied himself that the future milk quota will not affect farmers disproportionately; and if he will make a statement on the matter. [4929/04]

The milk quota system has, over the years since its introduction, been largely beneficial to the industry in Ireland and the EU. It has reduced the huge surpluses which overhung the market, has restored stability and helped to keep prices at a reasonable level in the sector over the years. On that basis, its extension to 2014-15 in the mid-term reform agreement was a positive outcome and was welcomed by the industry generally. It is clear from studies undertaken that the abolition of the regime would have resulted in a major reduction in milk prices to a level where the majority of producers would have found it impossible to operate profitably.

The EU quota system allows considerable flexibility to member states as to the manner in which it is applied at national level. Ireland has operated the system in such a way as to favour smaller committed producers and to use whatever flexibility is available to ensure such producers can increase their scale and position themselves to better withstand competitive pressures. It is my intention to continue to apply the quota system in an equitable way and in the best interests of the Irish dairy sector as a whole.

Decentralisation Programme.

Breeda Moynihan-Cronin

Question:

160 Ms B. Moynihan-Cronin asked the Minister for Agriculture and Food his views on the decentralisation of Teagasc headquarters; if he is concerned about changes in the plan arising from the general decentralisation announced in the Minister for Finance's December 2003 budget; and if he will make a statement on the matter. [4927/04]

In line with some other State bodies, Teagasc was included in the budget announcement on decentralisation as part of the overall decentralisation programme for the public service. While, as part of an overall restructuring programme, Teagasc had already decided to move its headquarters to Carlow its inclusion in the overall decentralisation programme must be seen as positive in the context of regional development.

Agriculture Census.

Bernard J. Durkan

Question:

161 Mr. Durkan asked the Taoiseach the number of full-time farmers in the country at the present time; the extent to which this number has increased or decreased in the past ten years; and if he will make a statement on the matter. [5339/04]

The relevant figures, giving a breakdown of the number of full-time and part-time farmers, are set out in the following table.

Number of Farms

Year

Full Time (000)

Part Time (000)

Total (000)

1991

124.7

45.2

169.9

1993

106.0

52.9

158.9

1995

101.2

51.8

153.0

1997

98.3

49.3

147.6

1999

87.5

56.2

143.7

2000

78.7

62.6

141.3

2001

80.7

58.7

139.4

2002

78.8

57.5

136.3

In this context, full-time means holders who stated that their sole occupation is farming — those who answered that farming was either a major or subsidiary occupation are classified as part-time. The total refers to farms with at least one hectare of land farmed and also includes intensive pig and poultry farms on smaller land areas. Farms run by commercial concerns or institutions are excluded.

The results for 1991 and 2000 are from the census of agriculture in those years. The 2001 and 2002 figures are interim estimates from the annual June agricultural survey and are subject to revision. The figures for 1993, 1995, 1997 and 1999 are based on the larger-scale farm structure survey which is conducted every two to three years. The most recent farm structure survey was conducted in 2003, and results from this should be available in August 2004.

Tribunals of Inquiry.

Tony Gregory

Question:

162 Mr. Gregory asked the Taoiseach the cost to the Exchequer in 2003 arising from the Moriarty tribunal; and the individual costs of legal personnel in each case for 2003. [5268/04]

The cost of the Moriarty tribunal for 2003 was €3,440,954.

The amount paid to the legal personnel in 2003 is as follows:

Name

Position

Total paid for 2003

John Coughlan

Senior Counsel

784,987

Jeremiah Healy

Senior Counsel

709,925

Jacqueline O'Brien

Junior Counsel

744,150

Maire Moriarty

Research Assistant

133,434

Paddy Dillon Malone

Research Assistant

2,765

Stephen McCullough

Research Assistant

57,176

Darach Mac Namara

Research Assistant

22,772

Personal Injuries Assessment Board.

Phil Hogan

Question:

163 Mr. Hogan asked the Tánaiste and Minister for Enterprise, Trade and Employment when the personal injuries assessment board will be in operation; the measures that the PIAB or her Department will be undertaking to make the public aware of its operations; and if she will make a statement on the matter. [5123/04]

The personal injuries assessment board, PIAB, will commence operating when all its necessary support systems and structures are in place such as staffing complement, IT systems, fitted out premises and so on. I am happy to inform the Deputy that a chief executive officer designate has commenced duty since 2 February 2004, a staff recruitment campaign is being launched this month, contracts have been signed in relation to part of the IT infrastructure, and a lease on the new premises is also to be signed this month. The PIAB will be operational when the above are in place. In advance of that, my Department and the interim board of the PIAB will make the public aware of the new body.

Phil Hogan

Question:

164 Mr. Hogan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of cases that the personal injuries assessment board is expected to handle in its first year of operation; when the personal injuries assessment board will start dealing with cases other than employer liability cases; the number of public offices that the personal injuries assessment board will be opening and the date on which these will be operational; and if she will make a statement on the matter. [5124/04]

It is envisaged that the personal injuries assessment board will deal initially with employer liability cases but will then extend to cover public liability and motor cases in June 2004. It is estimated that the PIAB will deal with up to 30,000 cases in its first year of operation.

The PIAB will be based in a single office in the greater Dublin area. The PIAB will operate a documents only procedure for handling claims and hence there will be no requirement for a public office. In line with its statutory duties, the PIAB will operate a service centre to assist claimants and ensure a comprehensive, fair and independent service is provided.

Work Permits.

Jack Wall

Question:

165 Mr. Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding an application for a person (details supplied) in County Kildare for a work permit; and if she will make a statement on the matter. [5127/04]

I am informed that a work permit application in respect of the individual concerned was received on 4 February 2004. Assuming the application is complete and is otherwise in order the current processing time is about three to four weeks.

Statutory Compensation.

Simon Coveney

Question:

166 Mr. Coveney asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Government plans to increase levels of compensation available to persons formerly employed in the mining industry who are now suffering significant health complications as a result of their former employment conditions. [5179/04]

There are no schemes providing statutory compensation to persons formerly employed in the mining sector of the economy who may be suffering from health complications as a result of their former employment conditions.

Job Initiative.

Jan O'Sullivan

Question:

167 Ms O'Sullivan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she plans to further reduce the number of participants in the jobs initiative scheme in 2004; her long-term plans for the scheme; and if she will make a statement on the matter. [5288/04]

The total funding allocation for employment schemes in 2004 has been fixed at €351 million, which will support up to 25,000 places across the three employment schemes: community employment, job initiative and social economy. FÁS is being given some flexibility in the management of this financial allocation to maximise progression to the labour market while at the same time facilitating the support of community services.

Funding has been provided to ensure that target participation levels on the job initiative programme can be maintained at its current level for 2004, which is in the region of 2,200. However, the future structure of the community employment and job initiative programmes remains under review by a group of senior officials and FÁS, and this group will report to Ministers on the outcome of their deliberations shortly. Any decisions regarding the future structure of the job initiative scheme will be taken in that context.

Redundancy Entitlements.

Róisín Shortall

Question:

168 Ms Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the redundancy entitlements of a person (details supplied) in Dublin 11; and if the person's ex-employer has a right to claim repayment of part of the redundancy payment already made. [5356/04]

The person in question was paid his full statutory redundancy lump sum entitlement of €2,307.20 by his ex-employer in September 2003, having been employed between 14 February 2000 and 17 July 2003. In addition, he was given an extra amount of €659.20, having signed his redundancy certificate, RP2, on 9 September 2003 for a total payment of €2,966.40.

On 18 November 2003, my Department duly paid the 60% rebate due to the employer in respect of the statutory redundancy entitlement of €2,307.20, amounting to €1,384.32.

EU Directives.

Paudge Connolly

Question:

169 Mr. Connolly asked the Minister for Agriculture and Food his views on whether there was a breach of faith in the Government's involvement in the EU nitrates directive by their submission of a nitrates action plan to Brussels which breached the Sustaining Progress agreement signed up to by farmers representatives in the partnership talks. [5363/04]

The implementation of the nitrates directive is in the first instance a matter for the Minister for the Environment, Heritage and Local Government.

A draft action programme giving effect to the directive, which was prepared by the Department of the Environment, Heritage and Local Government in conjunction with my Department and in consultation with Teagasc, was presented in December last to representatives of the main farming organisations and other stakeholders. A period of two months was provided for stakeholders to submit their comments on the document in writing to either or both Departments. This period runs until tomorrow, 19 February. When the consultation process has been completed and consideration has been given to the various submissions, definitive proposals for an action programme will be submitted to the European Commission. Clearly, it is important that the action programme satisfies the EU Commission as regards compliance while at the same time allowing maximum flexibility for individual farmers.

The Sustaining Progress agreement stated that in the context of the regime soon to be adopted to transpose the provisions of the nitrates directive, the Government will use the flexibility in the directive to seek to secure European Commission approval for limits of up to 250 kg per hectare per annum to be allowable in appropriate circumstances. The draft action programme currently under discussion includes a provision to this effect and is therefore consistent with the provisions of Sustaining Progress.

Farm Waste Management.

Michael Ring

Question:

170 Mr. Ring asked the Minister for Agriculture and Food his views on the fact that many small farmers will not benefit from funding allocated to the waste management scheme in relation to the farm waste management scheme; the number of small farmers that will be affected by this; and the help he intends to extend to these farmers. [5114/04]

The farm waste management scheme, which is co-funded by the EU, is implemented in accordance with an approved programme of on-farm investment schemes under Council Regulation 1257/1999. The scheme provides that applicants will be accepted from farmers who have a minimum of 30 income units, of which at least 20 must come from farming. As off-farm income can therefore be taken into account in order to meet this minimum income threshold of 30 income units, the number of farmers that currently fall into this category is difficult to determine.

The European Commission has repeatedly opposed any relaxation of this minimum income provision despite several approaches by my Department on the matter.

Poultry Industry.

Dinny McGinley

Question:

171 Mr. McGinley asked the Minister for Agriculture and Food if he will provide a list of grant aid since 1999 to the poultry sector with particular reference to the egg packaging sector; and if he will highlight clear guidelines on grant criteria. [5115/04]

A total of £680,309 was paid in 1999 and 2000 on a scheme of grant aid for the upgrading of egg packing centres. This scheme closed some years ago.

Applications were invited in June 2001 for grant assistance under the first tranche of my Department's capital investment scheme for the marketing and processing of agricultural products. With regard to egg-packing enterprises, grants were available towards the cost of providing new equipment for grading and packing of eggs and for modernisation or construction of packing premises. The scheme applied to approved egg-packing centres with an annual throughput of at least 20,000 cases and the minimum investment level was fixed at €100,000. Projects aimed at increasing production were not eligible. Three applications were received from egg-packing centres and all were approved for 40% grant aid. A total of €1.26million was approved and most of this has already been paid.

Grant Payments.

Mary Upton

Question:

172 Dr. Upton asked the Minister for Agriculture and Food when an area aid payment will be made to a person (details supplied) in County Donegal. [5147/04]

Payment due to the person named under the 2003 area-based compensatory allowance scheme could not be made until a potential stocking density problem had been resolved but, now this has been done, payment will issue shortly.

Milk Quota.

Dan Neville

Question:

173 Mr. Neville asked the Minister for Agriculture and Food the position regarding an application for a person (details supplied) in County Limerick for additional quota from the hardship scheme. [5153/04]

The milk quota appeals tribunal considered an application for additional quota from the person in question at its meeting on 9 January 2004 and an allocation was recommended. The person named has been notified of the outcome of his application.

Grant Payments.

Billy Timmins

Question:

174 Mr. Timmins asked the Minister for Agriculture and Food the position in relation to a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [5281/04]

As I stated in my reply to the Deputy's question no 242 of 3 February 2004, a compliance check was carried out on the farm of the person named on 30 July 2003 in accordance with the provisions of Council Regulation No. (EC) 3508/92 as amended by Council Regulation (EC) No. 1593/2000. This compliance check revealed that the herd owner had claimed forage area in 2002 in respect of 6.02 hectares of forestry for which he was not eligible to claim area aid as he was already in receipt of the afforestation premium for this land.

The area aid of the person named for 2002 has had to be revised to exclude this land and to apply the appropriate area aid penalty of double the difference between the area found and the claimed area. The net effect of the revision has been that a forage area of 25.09 hectares has been determined for payment purposes for 2002. This has resulted in an overpayment of €129.05 for 2002. My Department will be in further contact with the person named concerning the recovery of this amount.

I should point out that the area of 37.44 hectares in 2002 to which the Deputy refers is an incorrect forage area as it includes forestry area planted by the person named. A further downward revision was therefore required to reflect the true position.

I should point out that in 2003, the person named reduced the area pre-printed on his 2003 area aid application from 37.44 hectares to 34.91 hectares to reflect this position. Furthermore, as this land parcel was afforested in 1998, my Department is examining area aid applications submitted by the person named in the years prior to 2002 and will be in contact with the person named in this regard.

Billy Timmins

Question:

175 Mr. Timmins asked the Minister for Agriculture and Food the position in relation to an application from a person (details supplied) in County Wexford who applied for grant aid under the regional programme 2002-2006 for investment aid for the potato sector; if this grant can be awarded as a matter of urgency; and if he will make a statement on the matter. [5283/04]

This round of the scheme of investment aid for the potato sector ran for the period January 2001 to December 2002. The scheme received some 140 applications. Some 38 applicants were approved for grants. The balance of applicants were informed that they were unsuccessful with their applications.

The applicant referred to was not approved for a grant under the round 3 of the scheme as all necessary documentation was not supplied with his application and he was notified to that effect in August 2001. Documentation — planning permission — was received from the applicant at a later date.

It was not possible to consider any applications since that time.

Meat Imports.

Bernard J. Durkan

Question:

176 Mr. Durkan asked the Minister for Agriculture and Food the extent to which pet food is imported into this country; if such imports contain meat and bone meal and if he will make a statement on the matter. [5332/04]

Importation of meat and bone meal or such products for any purpose to do with the farm animal and human food chain is prohibited.

Under Community rules the importation of such products which have already been incorporated within pet foods and which are destined for meat eating animals is provided for subject to certain conditions. Data supplied by the Central Statistics Office indicates that the total quantity of pet food imported into this country from January to October 2003 was 33,239 tonnes.

Importers of pet foods are required to register with my Department and give at least 24 hours notice of intention to import. In the case of pet food originating from an EU source it must come from an approved establishment and be accompanied to its destination with a commercial document or a health certificate signed by an official veterinarian on the competent authority of the member state of origin. In the case of importation from third countries it can only be imported under licence and must be presented to an authorised officer of my Department at a border inspection post. In such cases it must originate in a country approved by the EU for trade in such products, have been produced in an approved establishment and be accompanied by a health certificate in accordance with the provisions of Community legislation.

Beef and Lamb Exports.

Bernard J. Durkan

Question:

177 Mr. Durkan asked the Minister for Agriculture and Food his proposals for the future expansion of overseas markets for Irish beef and lamb; and if he will make a statement on the matter. [5333/04]

It is my policy and that of the Government that Irish beef and lamb should be free to enter any market where exporters consider there are commercial possibilities.

Beef exports have been doing particularly well in recent years involving a very considerable growth in trade to other EU countries. Last year exports to the UK amounted to some 265,000 tonnes which is up 20,000 tonnes on 2002 and up 155,000 tonnes on 2000. Markets for Irish beef in France, Netherlands, Italy, Germany and Sweden also remain strong.

With regard to non-EU markets, in the course of the past year Switzerland, the Czech Republic, Poland and Hungary have lifted their BSE related restrictions on Irish beef imports. I am keen to have existing restrictions, where they remain, removed at the earliest possible date. In September 2003, following ongoing contact with the authorities there, Egypt which had re-opened its market to Irish beef in October 2001 further eased the conditions of supply which led to the resumption of trade in November 2003.

In July 2003, Bahrain lifted its restrictions on Irish beef imports. Following contacts with the Saudi authorities late last year, a Saudi veterinary delegation will visit Ireland in March and I am optimistic that visit will represent a significant move towards the lifting of the Saudi ban on Irish beef. My Department, together with the Department of Foreign Affairs and Bord Bia, continues to make intensive efforts to have other important markets such as Iran, South Africa and the Philippines reopened.

Irish sheep meat exports in 2004 are expected to reach some 43,000 tonnes, slightly less than 2003, reflecting lower supply patterns and improved levels of demand on the home market, which increased by 8% last year. The most important export market is France where sales are expected to reach 31,000 tonnes in 2004. Bord Bia continues to work with the lamb exporting industry to expand our position in this and other markets and to ensure maximum returns from our exports. As the EU is a net importer of lamb, the question of exports to non-EU destinations does not arise.

Grant Payments.

Bernard J. Durkan

Question:

178 Mr. Durkan asked the Minister for Agriculture and Food the extent to which all farm support grants are paid up to date; and if he will make a statement on the matter. [5334/04]

My Department has put in place one of the most efficient systems in the EU for payment of direct income payments to farmers with the vast bulk of payments now issuing on the first day allowed under EU regulations.

My Department operates an agreed protocol on direct payments with the farming organisations which contains delivery targets that are monitored on an ongoing and regular basis by a monitoring committee that includes the social partner farm organisations and has an independent chairman. These targets, subject to the relevant EU rules and the terms and conditions of the schemes, are routinely met by my Department in respect of valid applications for which full and correct information is supplied.

Farm Retirement Scheme.

Bernard J. Durkan

Question:

179 Mr. Durkan asked the Minister for Agriculture and Food the number of farm retirement pensions received since the inception of the present scheme; the number approved or refused and pending; and if he will make a statement on the matter. [5335/04]

A total of 2,273 applications have been received under the current early retirement scheme since it commenced in November 2000. Of these, 2,070 have been approved for payment; 61 have been refused; 124 are currently being processed and 18 were withdrawn. A number of the applications that were refused may yet be successful if the deficiencies identified in them are rectified.

Deer Farming.

Bernard J. Durkan

Question:

180 Mr. Durkan asked the Minister for Agriculture and Food the extent to which deer farming has increased or reduced in the past ten years; and if he will make a statement on the matter. [5337/04]

The deer-farming sector is stronger structurally now than it was ten years ago. While the overall number of farms with a deer enterprise has declined in that period the average size of enterprise has increased from six to ten hectares while the average breeding herd has increased from 48 to 88 animals. There are now some 48,500 deer on farms in Ireland, an increase of 10% since 1994. The typical deer enterprise today is larger, more specialised and produces high quality product for the domestic and export markets in Denmark, the US and UK.

Animal Carcases Disposal.

Bernard J. Durkan

Question:

181 Mr. Durkan asked the Minister for Agriculture and Food the position in regard to the disposal of carcasses arising from the beef destruction scheme; and if he will make a statement on the matter. [5338/04]

Approximately 278,000 animals were removed from the market under the purchase for destruction scheme, PFD, while the special purchase scheme, SPS, accounted for a further 235,000 animals. All carcasses were rendered into meat and bone meal, MBM, at approved rendering plants generating a total for both schemes of 55,000 tonnes. Contracts resulting from an EU-wide competitive tender were put in place for the disposal by incineration abroad of this material. Incineration of the MBM was completed in 2003.

Cereal Sector.

Bernard J. Durkan

Question:

182 Mr. Durkan asked the Minister for Agriculture and Food his views on the future of cereal growing in Ireland; his plans to develop and expand in this area; and if he will make a statement on the matter. [5340/04]

The outlook for cereal growing in Ireland is quite positive and Irish cereal producers are well positioned to meet the competitive challenges ahead. Under the reformed CAP, Irish cereal farmers will have the cushion of the single farm payment decoupled from production, and will be able to concentrate on supplying markets, focusing on minimising production costs and maximising their incomes. Improved efficiency of production at farm level will be important to maintain incomes, and to ensure that the volume of output is maintained to support the processing sector. Average grain production in the country over the past number of years has been in the region of two million tonnes and the aim is to maintain this level of production in order to avoid over dependence on imported grain.

My Department operates a range of services aimed at improving the efficiency, quality and viability of cereal production. These services include seed certification, seed testing, recommended lists of varieties, etc. In addition, Teagasc provides comprehensive research, training and advisory services for cereal producers. The value of all these support services is reflected in the fact that Irish cereal producers have consistently achieved some of the highest yields in the world.

In the CAP reform negotiations, which culminated in the Luxembourg Agreement last June, Ireland's objectives for the cereals sector were generally achieved. The proposed reduction of 5% in the pre-Agenda 2000 intervention price for arable crops was withdrawn, and the original proposal for ten-year obligatory non-rotational set-aside, which would not have been suitable in the Irish situation, was also dropped. The decision to leave the basic intervention price unchanged will help protect the sector from cheap imports, as the cereals import price is related to the intervention price. A study by FAPRI of the effects of both the Luxembourg Agreement and the proposals submitted by the EU Commission to the WTO concluded that the impact on the cereals sector would not be significant.

EU arable aid payments, which amounted to €129 million last year, constitute an important part of cereal producers' incomes. My Department continually strives to ensure that these payments are issued promptly, and we have now reached the stage where over 90% of these payments are issued within one week of the commencement date for payment laid down in EU Regulations.

Beef Sector.

Bernard J. Durkan

Question:

183 Mr. Durkan asked the Minister for Agriculture and Food his plans for the development of the beef sector having particular regard to the emergence of new competitors to the marketplace; and if he will make a statement on the matter. [5341/04]

The EU is now a net importer of beef. Consumption levels now exceed pre BSE levels and are forecast to rise further. Production levels on the other hand are in decline. The EU beef market is moving into a period of continuing deficit and is estimated to have an import requirement of 400,000 tonnes in 2004.

Irish beef returned a strong performance last year in European markets while the volumes being exported to Third Country markets were helped by a good recovery in trade to Russia. The United Kingdom remained the principal market for Irish beef, accounting for over half total exports at 265,000 tonnes. Exports of beef to Continental EU markets increased by 30 per cent during 2003 to an estimated 150,000 tonnes or 30 per cent of total exports.

The introduction, at my request, by the EU of a special export refund facilitated the re-opening of the Egyptian market to Irish beef. I also made considerable efforts throughout 2002 and 2003 to secure the re-opening of other third country markets, in particular the Gulf States, South Africa, Indonesia and the Philippines, all of which had imposed an import ban on beef from the EU. My Department and Bord Bia hosted veterinary and food safety experts from the Gulf States including Saudi Arabia, Kuwait, Bahrain, Qatar, Oman and the UAE in relation to the safety of Irish beef. Follow-up action to re-open these markets continues.

I believe there is a strong determination within the beef sector to meet the challenges under the new regime arising from the Luxembourg agreement. Irish beef faces strong competition from South America in particular, to retain and expand market opportunities. In this regard the industry needs to intensify its focus on both quality and price in order to improve its international competitiveness and sharpen its appeal to consumers. The increase in our exports in 2003 to the high value EU Continental markets is indicative of our success in this area.

Dairy Sector.

Bernard J. Durkan

Question:

184 Mr. Durkan asked the Minister for Agriculture and Food if he will outline his views on and proposals for growth in the dairy sector; and if he will make a statement on the matter. [5342/04]

The future development of the dairy sector is a priority for me. I will provide assistance to encourage the sector to make the necessary changes, both at producer and processor level, to strengthen and improve its position in the increasingly competitive international markets.

The EU milk quota regime was extended until 2014 or 2015 under the mid-term review and a volume growth in milk output is restricted. However, there is considerable potential for increasing the value of our national milk output. There is potential to improve the composition of raw milk at farm level by increasing the protein levels and to add further value to the product at processing and marketing level. The changed EU market supports, coupled with the extension of the milk quota regime, will require Irish dairy processing companies to look at alternative opportunities to develop and enhance their position on the international markets.

The movement towards higher value added products and the need for greater expenditure on research and development was one of the key recommendations of the prospectus report launched last March. It also recommended a need for increased scale and greater cost efficiency throughout the sector.

The dairy sector has great potential to grow and develop notwithstanding the increasingly competitive international environment. In order to realise the potential, the industry must have regard to the best international practice in all respects from the farm right through to the final customer and must address those issues identified as being essential to the maintenance of international competitiveness.

Agri Food Sector.

Bernard J. Durkan

Question:

185 Mr. Durkan asked the Minister for Agriculture and Food if it is intended to enhance marketing strategies for Irish agri produce abroad having particular regard to the emergence of extra competition; and if he will make a statement on the matter. [5343/04]

The industry is facing an increasingly competitive and challenging external environment. An effective marketing strategy to promote Irish agri food produce is an essential prerequisite to future export growth. While primary responsibility for marketing Irish produce rests with the food industry, Bord Bia plays a leading role in developing export markets. Bord Bia devised a range of specialist marketing and promotion activities under the brand name "Ireland the Food Island" to enhance our international reputation as a producer of quality food produce. Significant progress continues to be made in overseas markets with exports of food and drink products increasing to €7 billion in 2003.

Bord Bia works closely with producers, processors and customers to develop new and repeat business opportunities in target markets. Its strategy for development of market potential in the new member states is to increase awareness of Irish food and drink products, particularly beef, dairy and beverages, at trade level. The focus is on developing trade in the Czech Republic, Hungary and Poland as these markets are regarded as having most potential for Irish meat and dairy products.

In the prepared consumer food sector, Bord Bia will host a major trade exhibition in Dublin later this year. It will target new customers from the United Kingdom, Europe and the United States. Bord Bia will conduct trade missions with Irish beverage companies to exploit emerging markets in the Baltic states and the gulf region. Initiatives in the pig meat sector will focus on building profitable and sustainable market niches in the UK, continental Europe and international markets.

It is my view that the amalgamation of Bord Bia and Bord Glas will lead to a more cohesive approach to the delivery of services by State agencies in the food sector. The combined expertise of an amalgamated body will bring together the synergy necessary to promote the food and horticultural industry.

I have also established the agri vision 2015 committee to identify the issues and opportunities confronting the agri food industry up to 2015. The group consists of industry experts and will set out the vision and strategies needed to develop this key economic sector.

Food Imports.

Bernard J. Durkan

Question:

186 Mr. Durkan asked the Minister for Agriculture and Food if inspections of meat or food imports here are sufficiently rigorous to prevent the spread of disease or infection; and if he will make a statement on the matter. [5344/04]

Bernard J. Durkan

Question:

187 Mr. Durkan asked the Minister for Agriculture and Food if food or meat imports have been returned to their country of origin or have otherwise been rejected on the basis of lack of traceability or inadequate disease prevention standards; and if he will make a statement on the matter. [5345/04]

Bernard J. Durkan

Question:

188 Mr. Durkan asked the Minister for Agriculture and Food if all meat imports here are rigorously inspected to prevent disease; and if he will make a statement on the matter. [5346/04]

Bernard J. Durkan

Question:

189 Mr. Durkan asked the Minister for Agriculture and Food if he has satisfied himself that all poultry imports here are sufficiently inspected to prevent the spread of the avian flu; and if he will make a statement on the matter. [5347/04]

I propose to take Questions Nos. 186 to 189, inclusive, together.

Detailed EU legislation in the veterinary field lays down the conditions that member states must apply to the imports of products of animal origin from third countries. This harmonised legislation imposes a series of health and supervisory requirements designed to ensure that imported products meet standards at least equivalent to those required for production in, and trade between, member states.

All meat imports must come from third countries or areas of third countries approved for export to the EU. Meat and animal products must be sourced from establishments that are approved and must bear an EU approved health mark.

Meat may only be imported into the European Community through a border inspection post that has been approved by the food and veterinary office. The office also carries out monitoring and inspection of each member state's BIPs to ensure that the conditions for import of animal products into Europe, provided under harmonised EU legislation, are being correctly applied. In Ireland BIPs that are approved for administering checks on direct imports of meat from third countries are Dublin Port for frozen, chilled and ambient temperature animal products, and Shannon Airport for chilled and ambient only.

Meat importers must be registered with my Department. They must give advance notice of the arrival of meat to the BIP. Imported meat must be accompanied by the appropriate commercial documentation showing country and approval number of the establishment of production as well as a health certificate conforming to the models set down in EU legislation. The meat must also be labelled. All consignments undergo a documentary and identity check and physical checks are carried out at frequencies laid down in EU law. Once imported meat has met all the required conditions it is released for free circulation within the community. Copies of the BIP clearance document and the health certificate must accompany the consignment to its destination. Imports failing to comply with these veterinary control checks may be detained for further examination. If non-compliance is established they are returned to the exporting country or destroyed.

In 2003 a total of 32 consignments were rejected for the following reasons: 26 were rejected for incomplete documentation, of which 25 were destroyed and one was redispatched; two consignments were rejected and destroyed as they were presented at a point of entry that was not an approved BIP; four consignments were rejected because they had no health certificate of which three were destroyed and one was redispatched.

EU Directives.

Jimmy Deenihan

Question:

190 Mr. Deenihan asked the Minister for Agriculture and Food if the Government will review the implementation of the EU nitrates directive, especially the 170 kg rule, in view of the financial burden it will place on the farming community; and if he will make a statement on the matter. [5355/04]

It is not possible to assess the full cost to the agricultural industry of the implementation of the nitrates directive until the European Commission has approved Ireland's proposals to give it effect. Its implementation is a matter for the Minister for the Environment, Heritage and Local Government. Both Departments prepared a draft action programme in consultation with Teagasc. Last December it was presented to representatives of the main farming organisations and other stakeholders. They had eight weeks to submit written comments on it to either or both Departments. This phase of the consultation process runs until tomorrow. After the submissions have been considered definitive proposals for an action programme will be submitted to the European Commission. In the context of discussions with the Commission, the Government is also committed to seeking approval for farmers to operate, in appropriate circumstances, at levels of up to 250 kg of organic nitrogen per hectare per annum.

The main impact of the nitrates directive is likely to be in the area of waste storage capacity. Substantial financial aid will be available to farmers on whom the directive has an impact. In Sustaining Progress the Government stated that "Recognising the importance of the nitrates directive and its impact on certain farmers, a number of initiatives shall be taken in the context of optimising the use of available EU and national budgetary resources."

They included a review of REPS with higher payment rates, and changes to the terms and conditions of the farm waste management scheme and dairy hygiene scheme, in particular increasing the income and eligible investment ceilings. The improvements in the last two schemes mentioned have already been delivered. Proposals for REPS, including an average 28% increase in payments, are now with the European Commission for approval.

Mayo Landslide.

Michael Ring

Question:

191 Mr. Ring asked the Minister for Finance the reason people in County Mayo affected by the landslides in Glengad and Pullathomas, who did not apply for aid in time due to the fact that they did not know they could, were encouraged to do so but have been advised that no more funding is available; and the assistance the Office of Public Works intends to give to those who have not received aid. [5131/04]

Following Government approval, the OPW provided €300,000 in 2003 for a humanitarian aid scheme arising from the landslides at Pullathomas, County Mayo. The purpose of the scheme was to relieve hardship and not to provide compensation for losses. There are no plans to provide further funds for humanitarian aid in the current year.

The scheme was administered on a confidential basis by the Irish Red Cross Society on behalf of the OPW. The closing date for applications was 26 November 2003. However, a number of late applications were received by the IRCS and have been dealt with appropriately. Only the Irish Red Cross and the applicants know the details of the scheme and, therefore, I am unable to comment in any further detail.

Decentralisation Programme.

Seamus Healy

Question:

192 Mr. Healy asked the Minister for Finance the position regarding the decentralisation programme announced in his Budget Statement; the way the programme will be rolled out; the timescale envisaged; when the location of the, as yet, unallocated jobs will be announced; and if he will prioritise Carrick-on-Suir for 300 jobs. [5180/04]

I appointed a decentralisation implementation committee to move the programme forward. It is chaired by Phil Flynn. The committee will prepare an implementation plan and will report back to Government by the end of March.

As I indicated in my Budget Statement, decisions on location have yet to be made on 1,300 of the 10,300 jobs being decentralised. The final total could be closer to 12,000 jobs and I intend to examine options once the new programme is well under way. The selection of locations for any future phases of decentralisation will be considered by Government at the appropriate time.

Electronic Voting.

Trevor Sargent

Question:

193 Mr. Sargent asked the Minister for Finance the costs paid out by his Department for the storage of electronic voting machines in each year since their introduction. [5292/04]

Expenses incurred by returning officers, including those related to the storage of electronic voting machines, are paid out of the central fund. This is done in accordance with the scale of charges for returning officers set under the terms of relevant legislation governing elections and referenda.

Advances on account of such charges are issued to returning officers, on request, by the Minister for Finance. The returning officers submit an account of charges incurred by them to me as soon as practicable after an election or referendum takes place. The accounts covering the period since the introduction of electronic voting machines have not yet been finalised. It is not possible to provide the information requested by the Deputy at this time.

Foreign Conflicts.

John Bruton

Question:

194 Mr. J. Bruton asked the Minister for Foreign Affairs if he examined a report in a newspaper by an American academic (details supplied) which shows that inspections by UN weapons inspectors in pre-war Iraq were substantially more accurate than the data published by western intelligence agencies; and if he will initiate a debate in the United Nation's structures with a view to obtaining greater trust in, and support for, UN inspectors in the task of curbing proliferation of weapons of mass destruction. [5132/04]

My Department examined the report and its conclusions on the inspections carried out by UN weapons inspectors into the weapons of mass destruction held by the former Iraqi regime led by Saddam Hussein. It drew a number of useful conclusions.

The report does not fully reflect statements made by Dr. Blix, the head of the arms inspections team, shortly before the conflict in Iraq. His report of 6 March 2003 to the Security Council said that many questions on Iraq's weapons of mass destruction remained unanswered. Resolution 1441 called for Iraq to provide a "currently accurate, full and complete declaration" of its programmes of weapons of mass destruction and demanded that Iraq "co-operate immediately, unconditionally, and actively with UNMOVIC and the IAEA". The reality was that Iraq was in material breach of its disarmament obligations through its failure to fully co-operate with the arms inspectors in carrying out their mandate of verifying that Iraq no longer held weapons of mass destruction.

Ireland's approach has consistently supported the UN role. The Government publicly and repeatedly stated it was for the UN Security Council to determine the existence of a threat to peace and its removal. It also wanted the council to decide the measures to be taken if its decisions were not respected or implemented in full. We supported the work of the weapons inspections teams throughout the crisis. On 5 March 2003, in this House, I called for them to continue the inspections process for as long as they, and the members of the Security Council, considered it necessary and worthwhile.

In December 2003 the EU adopted a strategy against the proliferation of WMD at the European Council. Support for the multilateral disarmament and non-proliferation treaties, and fostering the role of the United Nation's Security Council with regard to WMD, will be central elements in addressing their proliferation and means of delivery. Discussions with our EU partners are focusing on how best these elements might be implemented.

Our action in this area will seek to render multilateralism more effective by acting resolutely against proliferators. In order to carry out the verification of proliferating activities that are a potential threat to international peace and security, we will work to enable the Security Council to benefit from independent expertise and a pool of readily available competence. In that context, we will consider how the verification and inspection experience of UNMOVIC could be retained and utilised, for example by setting up a roster of experts.

International Agreements.

Eamon Ryan

Question:

195 Mr. Eamon Ryan asked the Minister for Foreign Affairs if the Government supports the call from the European Parliament for the inclusion of a national veto on the liberalisation of trade in services in the areas of culture, health and education in the proposed new European constitution; and if he will make a statement on the matter. [3816/04]

As a participant in the IGC, the Government supported the retention of unanimity in decision making on international agreements under the common commercial policy in the areas of culture, health, education and social services. As Presidency, it is our task to seek to achieve an overall balanced outcome that is acceptable to all member states.

Tribunals of Inquiry.

Tony Gregory

Question:

196 Mr. Gregory asked the Minister for Education and Science the cost to the Exchequer in 2003 arising from the work of the Laffoy-Ryan commission; and the cost of legal personnel in each case for 2003. [5268/04]

The total cost to the Exchequer in relation to the Laffoy-Ryan commission for 2003 was €4,872,894.21. This figure included a total cost of €1,900,157.12 for legal personnel acting for the commission. In addition my Department's own legal costs in 2003 in relation to the Commission to Inquire into Child Abuse were €1,102,902.32. No claims for individual case hearings were finalised in 2003. It is expected that the majority of these costs will fall due within 2004-05.

School Staffing.

Gerard Murphy

Question:

197 Mr. Murphy asked the Minister for Education and Science when a resource teacher will be provided for a school (details supplied) in County Tipperary. [5118/04]

The school has the services of a full-time resource teacher and part-time resource teaching hours. My Department received a further application for special educational resources from the school.

SER applications received between 15 February and 31 August 2003, including the one made by the school, are being considered. More than 5,000 applications were received. Priority was given to children that started school last September. Their cases were responded to at or before the commencement of the current school year.

The balance of more than 4,000 applications was reviewed by a dedicated team comprising members of my Department's inspectorate and the national educational psychological service. They are being further considered after surveys of SER provision were carried out in the past year. Account is also being taken of the data submitted by schools as part of the recent nationwide census of SER provision.

Processing applications is complex and time consuming but my Department is endeavouring to complete the process as quickly as possible. My officials will then respond to all applicant schools. Pending a response, schools are advised to refer to circular 24/03 issued last September. It contains practical advice on how to achieve the most effective deployment of resources already allocated for special educational needs.

Benchmarking Awards.

Finian McGrath

Question:

198 Mr. F. McGrath asked the Minister for Education and Science the progress made on the benchmarking payments to teachers; and if all teachers will be paid money owed under the deal. [5119/04]

Recently agreement was reached on the holding of parent and teacher meetings and a standardised school year at the Teachers Conciliation Council. It will enable my Department to execute payment of the appropriate increases to teachers which will be backdated to 1 January.

School Staffing.

Finian McGrath

Question:

199 Mr. F. McGrath asked the Minister for Education and Science if he will assist a person (details supplied) in Dublin 3. [5120/04]

The issue is a matter for discussion between the person in question and her employer, City of Dublin Vocational Education Committee.

Information Communications Technology.

Richard Bruton

Question:

200 Mr. R. Bruton asked the Minister for Education and Science if he has considered organising a central purchasing unit in his Department to allow schools to purchase computers on a cheaper basis; if his Department provides ongoing support and help to teachers and management that wish to install new computer systems in their schools; if he has considered the establishment of a national helpline to advise schools on technical matters that arise from time to time, and also advice on the purchase of software appliances; and if he will make a statement on the matter. [5155/04]

In 1998 my Department initiated the ICT in schools programme against the background of a relatively low level of provision in schools at the time. In the past five years €140 million was invested. The money covered grants for computer equipment, ICT training and support programmes for teachers and a range of support services for schools. The general objectives of the programme are to provide students with access to ICT enabled learning; to promote and develop a strong ICT skills base; and to enhance the quality of teaching and learning through ICT.

Significant progress has been made since 1998. The average pupil to computer ratio has been reduced from 37:1 to just over 11:1 at primary level and from 16:1 to 9:4 at post-primary level. Every school has an Internet connection, albeit via a narrowband dial-up facility. Over 34,000 teachers availed of ICT training programmes that concentrated on ICT skills. More recently the programmes have evolved to deal with the practical application of ICT to enhance teaching and learning. ICT is also being included in pre-service training for teachers. A regional network of 20 educational ICT advisers has been put in place.

Operating from the teacher education centres, the ICT advisory service is playing a key role in furthering effective use of ICT by supporting and advising principals and teachers on a range of ICT issues. A wide range of innovative pilot projects on various aspects of technology use in schools has been undertaken. There has also been significant engagement, at local level, in ICT planning and development in schools. Many schools receive significant support from parent groups, local communities, business and third level colleges.

At the end of last year my Department completed a programme entitled Blueprint for the Future of ICT in Irish Education. At present it is formulating a policy plan for the period 2004 to 2007 for the continued integration of ICT into first and second level education.

The policy plan will take into consideration the current status of integration in schools and assess the priorities for moving the process forward. Each element referenced in the Deputy's question will receive consideration within the policy plan and, having regard to individual priority ascribed and the finances available to me, will be the subject of a policy response. I hope to soon be in a position to announce details of my deliberations.

Richard Bruton

Question:

201 Mr. R. Bruton asked the Minister for Education and Science the potential in terms of permanently connecting schools to the Internet, provided through the rolling out of ADSL broadband; if he recognises the potential that it could provide to teachers in terms of running classes centrally with ADSL IT precision; the discussions that have taken place with the Department of Communications, Marine and Natural Resources on the matter; and if he will make a statement on the matter. [5156/04]

The availability to schools of broadband Internet access is one of a number of stated objectives of my Department's policy for promoting ICT in first and second level education. Broadband will significantly enhance the potential of ICT in teaching and learning in schools by facilitating whole class access to a wide range of multimedia applications through the Internet. It will also provide a much faster download of educational content and on-line communication and collaboration between school communities.

Last year my Department commissioned a consultancy study on the options for providing broadband to schools. It took into account the practical issues of market ability to provide such connectivity, the range of delivery technologies available, timescale for delivery and cost. Since the completion of the report last August, detailed discussions have taken place between my Department and the Department of Communications, Marine and Natural Resources on a broadband implementation plan for schools. An announcement on the matter will be made shortly.

Schools Building Projects.

Richard Bruton

Question:

202 Mr. R. Bruton asked the Minister for Education and Science when he expects a physical education hall for Firhouse community college will be built; the funding provided by the State; and if he will make a statement on the matter. [5157/04]

A new dual use PE hall is listed to proceed to tender and construction as part of the 2004 schools building programme. The project is one of a number of dual use halls being funded as part of a joint programme to develop community sports facilities in drugs task force areas.

The indicative timescale for the project proceeding to tender is the third quarter of 2004. The tendering process has commenced and the school authorities are being kept advised of developments.

Higher Education Grants.

Bernard J. Durkan

Question:

203 Mr. Durkan asked the Minister for Education and Science if a higher education maintenance grant is payable in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [5177/04]

Eligibility for third level grants is a matter for the relevant local authority or VEC. They do not refer applications to my Department except in exceptional cases, for example, where advice or instruction regarding a particular clause in the relevant scheme is desired. To date no such advice or instruction has been sought in the case. Applicants that believe they were unjustly refused a maintenance grant or it was insufficient may appeal to the relevant local authority or VEC.

When an applicant's appeal is turned down, in writing, and remains of the view that the body has not interpreted the schemes correctly in his or her case, a letter outlining the position may be sent to my Department. Alternatively, as already indicated, a local authority or VEC may, in exceptional circumstances, seek clarification on issues from my Department. Unfortunately, neither me nor my Department can depart from the terms of the maintenance grant schemes in individual cases. To date no grant application has been received by either Kildare County Council or County Kildare VEC in this case.

Schools Building Projects.

Pat Breen

Question:

204 Mr. P. Breen asked the Minister for Education and Science if urgent attention could be given to the application by Scoil Náisiúnta na Maighdine Muire, Broadford, County Clare for a school extension; when the works will be carried out; and if he will make a statement on the matter. [5269/04]

A large scale building project for the school, reference No. 17801F, is listed in section 9 of the 2004 schools building programme. The list was published on my Department's website www.education.ie. The project is at an early stage of architectural planning. My Department gave it a three rating in accordance with the published criteria for prioritising large projects.

The budget announcement regarding multi-annual capital envelopes will enable me to adopt a multi-annual framework for the building programme. It will give greater clarity to projects that are not progressing in this year's programme. I will make a further announcement on the matter during the year.

Road Safety.

Brian O'Shea

Question:

205 Mr. O'Shea asked the Minister for Education and Science the discussions he had with the Department for Enterprise, Trade and Employment on the provision of safety courses on motorcycles at second level; and if he will make a statement on the matter. [5270/04]

The introduction of a road safety and driver education syllabus in schools was examined by the National Council for Curriculum and Assessment. This was done on foot of a report from a task group that included representatives of my Department, the Department of the Environment, Heritage and Local Government, the National Safety Council, the Garda Síochána, the Irish Insurance Federation, the Society of the Irish Motor Industry, Rosary College Crumlin, the CCEA Northern Ireland and the NCCA. Dr. Ray Fuller, Trinity College, Dublin was commissioned by the NCCA to carry out a further report on the topic.

The NCCA recommended that road safety be addressed in the context of social, personal and health education. It also recommended that driver education, specifically learning to drive for pupils aged 17 years, should not become part of the school curriculum. The NCCA noted that its recommendations concurred with the practice in other jurisdictions.

At the start of the school year 2001-02 the National Safety Council, with assistance from my Department, issued copies of Staying Alive, a road safety resource for transition year and the senior cycle, to all second level schools. Thepack provided a wide range of learning opportunities and activities on topics such as personal responsibility and decision-making, environmental issues and risks and rules for road users. A CD-ROM, with additional material downloaded from the Internet, was included in the pack along with copies of rules of the road.

During the preparation of the Staying Alive resource material views were sought from a range of organisations with interests in the promotion of road safety. Prior to its issue the material was piloted in 20 schools across Ireland and the response from teachers was very positive.

Schools Building Projects.

Ruairí Quinn

Question:

206 Mr. Quinn asked the Minister for Education and Science the methodology and conclusions of the most recent analysis of the planning and provisions for the post-primary education needs in the south inner city of Dublin; and if he will make a statement on the matter. [5271/04]

Ruairí Quinn

Question:

209 Mr. Quinn asked the Minister for Education and Science the catchment area, in geographical terms of the Dublin south inner city area, for the purposes of post-primary school enrolment; and if he will make a statement on the matter. [5275/04]

I propose to take Questions Nos. 206 and 209 together.

Historically, there are no defined catchment areas in large urban centres. Pupils generally tend to gravitate to schools nearest their residence. Choice is usually made on the basis of curricular options on offer in a school, differing ethos and the nature of provision, such as single sex or co-educational provision. There are three post-primary providers in the south inner city of Dublin, namely, Christian Brothers School, Westland Row, St. Mary's secondary school, Haddington Road, and the Technical Institute, Ringsend.

The principal of Westland Row CBS applied for a new post-primary school. Given the current combined enrolment of the three schools in the south inner city area is 444 pupils, my Department is exploring the possibility of a single school development to facilitate the needs of the area with the relevant trustees. Accommodation options for a single school campus are being examined as part of the process.

The application mentioned a site in the area of the Dublin Docklands Development Authority. Following discussions with the authority, officials from my Department's school planning section are satisfied that a site in the area is not a viable option due principally to the limited area available.

School Trustees.

Ruairí Quinn

Question:

207 Mr. Quinn asked the Minister for Education and Science if he will give the name and address of the trustees of post-primary schools (details supplied) in the south inner city area of Dublin; and if he will make a statement on the matter. [5272/04]

The school trustees are as follows:

The Christian Brothers, St. Helen's Education Office, Clonkeen Road, Blackrock, Co. Dublin.

The Sisters of the Holy Faith, 68 Iona Road, Glasnevin, Dublin 9.

The Marist Brothers, Moyle Park College, Clondalkin, Dublin 22.

School Statistics.

Ruairí Quinn

Question:

208 Mr. Quinn asked the Minister for Education and Science the number of post-primary schools and their name in the south inner city area of Dublin; the number of pupils in each school; the number of teachers, including special needs and remedial teachers, in each school; the number of additional staff, such as secretarial or administrative; the projected enrolment fluctuation; and if he will make a statement on the matter. [5273/04]

The detailed information sought by the Deputy is not readily available. I will arrange to have it compiled and forwarded to him as soon as possible.

Question No. 209 answered with QuestionNo. 206.

School Staffing.

Dan Neville

Question:

210 Mr. Neville asked the Minister for Education and Science when a special needs assistant and resource teacher will be allocated to a person (details supplied) in County Limerick who has Down's syndrome. [5276/04]

My Department received applications for special educational resources from the school. On 9 February an application for the pupil was received.

SER applications received between 15 February and 31 August 2003 are being considered at present. More than 5,000 applications were received. Priority was given to cases involving children that started school last September. All of these cases were responded to at or before the commencement of the current school year.

The balance of more than 4,000 applications was reviewed by a dedicated team comprising members of my Department's inspectorate and the National Educational Psychological Service. They are being further considered after surveys on SER provision were carried out in the past year. Account is also being taken of the data submitted by schools as part of the recent nationwide census of SER provision.

Processing applications is complex and time consuming but my Department is endeavouring to do it as quickly as possible. My officials will then respond to all applicant schools. Pending a response, schools are advised to refer to circular 24/03 that issued last September. It contains practical advice on how to achieve the most effective deployment of resources already allocated for special educational needs.

Processing applications received after 31 August 2003, including the one referred to by the Deputy, will be considered after discussions on a weighted system of allocation of resource teaching support. A further communication will be sent to schools in this regard.

Schools Building Projects.

Bernard J. Durkan

Question:

211 Mr. Durkan asked the Minister for Education and Science the length of time his Department has been negotiating with the Kildare VEC authorities about St. Patrick's post-primary school, Naas, County Kildare, particularly on its relocation; the state of these discussions; the imminence or otherwise of a favourable decision; the likely schedule; and if he will make a statement on the matter. [5303/04]

The proposed relocation of the school was mooted by its management authority in recent years. Some years ago the former chief executive officer, County Kildare VEC, made a proposal but my Department rejected it. Recently the CEO made a new proposal and my Department indicated agreement in principle. A number of issues must be addressed before a final decision can be made. Most of the issues relate to planning matters that are external to my Department.

Bernard J. Durkan

Question:

212 Mr. Durkan asked the Minister for Education and Science about the acquisition of a site for a new national school at Kill, County Kildare, having regard to the dangerous location of the present school given proposed road works in the area and keeping in mind the numerous representations his Department received from concerned parents and school authorities; if the acquisition of a site and its development can be expedited with a view to meeting the needs of the area, as a matter of urgency; and if he will make a statement on the matter. [5304/04]

The OPW's property management section acquires sites on behalf of my Department. At present it is exploring the possibility of acquiring a site. The school authorities will be kept informed of developments.

Bernard J. Durkan

Question:

213 Mr. Durkan asked the Minister for Education and Science about facilities for Ardclough national school, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the current stage of development or works; whether the proposal will be advanced or concluded in 2004; when requirements will be met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5305/04]

The OPW's property management section acquires sites on behalf of my Department. At present it is exploring the possibility of acquiring a site. The school authorities will be kept informed of developments.

Bernard J. Durkan

Question:

214 Mr. Durkan asked the Minister for Education and Science about facilities for Coláiste Chiarán, Leixlip, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the current stage of development or works; whether the proposal will be advanced or concluded in 2004; when requirements will be met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5306/04]

At present my Department's planning and building unit is considering the application and the school authorities will be contacted in the near future.

Bernard J. Durkan

Question:

215 Mr. Durkan asked the Minister for Education and Science about facilities for Scoil Clochar Naofa, Kilcock, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the current stage of development or works; whether the proposal will be advanced or concluded in 2004; when requirements will be met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5307/04]

The school's management authorities submitted a grant application for an extension and my Department's planning section is examining it. The school will be contacted when a decision has been reached. The school also applied for funding under the summer works scheme. A list of successful applicants will be published no later than 27 February.

Bernard J. Durkan

Question:

216 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Coláiste Cois Life, Lucan, County Dublin, including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5308/04]

I am pleased to inform the Deputy that a new school for Coláiste Cois Life, Lucan, Co. Dublin is listed for proceeding to tender and construction as part of the 2004 school building programme. This school will cater for a long-term projected enrolment of 600 pupils. The indicative timescale in the programme for this project proceeding to tender is the second quarter of 2004. The tendering process for this project has commenced and the school authorities will be kept advised of developments.

Bernard J. Durkan

Question:

217 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at the girls national school, Celbridge, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5309/04]

The management authority of the girls national school, Celbridge, County Kildare has applied for funding for roof repairs under the summer works scheme 2004. Applications under this scheme are currently being processed in my Department and details of successful applicants will be published on my Department's website no later than 27 February 2004.

Bernard J. Durkan

Question:

218 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Maynooth post primary school, Maynooth, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5310/04]

A large scale building project for Maynooth post primary school, Maynooth, County Kildare is listed in section 9 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project is at early stages of architectural planning. It has been assigned a band three rating by my Department in accordance with the published criteria for prioritising large-scale projects.

The budget announcement regarding multi-annual capital envelopes will enable me to adopt a multi-annual framework for the school building programme which in turn will give greater clarity regarding projects that are not progressing in this year's programme. I will make a further announcement in that regard during the year.

Bernard J. Durkan

Question:

219 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Millicent school, Clane, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5311/04]

An application for improved accommodation has been received from the management authority of Millicent national school, Clane. The application is being examined in the school planning section of my Department. When a decision has been taken in the matter, contact will be made directly with the school authority.

Bernard J. Durkan

Question:

220 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Presentation Convent school, Maynooth, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5312/04]

The proposed large scale building project for Presentation Convent primary school, Maynooth, County Kildare is listed in section 8 of the 2004 school building programme which is published on my Department's website at www.education.ie. This proposed project is at stage three, developed sketch scheme, of architectural planning. It has been assigned a band two rating by my Department in accordance with the published criteria for prioritising large-scale projects. The proposed project will be authorised to progress to advanced architectural planning during 2004.

Indicative timescales have been included for large scale projects proceeding to tender in 2004. The budget announcement regarding multi-annual capital envelopes will enable me to adopt a multi-annual framework for the school building programme which in turn will give greater clarity regarding projects that are not progressing in this year's programme. I will make a further announcement in that regard during the year.

Bernard J. Durkan

Question:

221 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Rathmore national school, Naas, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5313/04]

I am pleased to advise the Deputy that a new eight classroom school for Rathmore national school, Naas, County Kildare is listed for proceeding to tender and construction as part of 2004 school building programme. The indicative timescale in the programme for this project proceeding to tender is the first quarter of 2004. The tendering process has commenced and the school authorities are being kept advised of developments.

Bernard J. Durkan

Question:

222 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Robertstown national school, Naas, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5314/04]

I am pleased to advise the Deputy that a three classroom extension, general purpose room and ancillary accommodation for Robertstown national school, Naas, County Kildare is listed for proceeding to tender and construction as part of the 2004 school building programme. The indicative timescale in the programme for this project proceeding to tender is the first quarter of 2004. The tendering process has commenced and the school authorities are being kept advised of developments.

Bernard J. Durkan

Question:

223 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Salesian College, Celbridge, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5315/04]

The management authority of the Salesian College, Celbridge, County Kildare has applied for funding under the summer works scheme 2004. Applications under this scheme are currently being processed in my Department and details of successful applicants will be published on my Department's website no later than 27 February 2004.

Bernard J. Durkan

Question:

224 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Sallins primary school, Sallins, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5316/04]

I am pleased to advise the Deputy that a seven classroom extension and ancillary accommodation for Sallins primary school, Sallins, County Kildare is listed for proceeding to tender and construction as part of the 2004 school building programme. The indicative timescale in the programme for this project proceeding to tender is the second quarter of 2004. The tendering process has commenced and the school authorities are being kept advised of developments.

Bernard J. Durkan

Question:

225 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Scoil Uí Fhiach, Maynooth, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5317/04]

Gaelscoil Uí Fhiach, Maynooth, County Kildare received permanent recognition from my Department last year. The school authority has now applied for permanent accommodation. This application is currently under consideration in the school planning section of my Department. When a decision has been taken in the matter, contact will be made directly with the school authority.

I must point out that, until my Department is in a position to provide permanent accommodation for the school, it is the responsibility of the school patron to provide suitable accommodation which should be capable of fully meeting the needs of the developing school. In the meantime, my Department will continue to support the school by providing grant aid for temporary accommodation.

Bernard J. Durkan

Question:

226 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Scoil an Linbh Íosa, Prosperous, County Kildare, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5318/04]

A four classroom extension, ancillary accommodation and a two classroom autistic unit for Scoil an Linbh Íosa, Prosperous, County Kildare, is listed for proceeding to tender and construction as part of the 2004 school building programme. The indicative timescale in the programme for this project proceeding to tender is the third quarter of 2004. The school authorities will be kept advised of developments for the delivery of this project.

Bernard J. Durkan

Question:

227 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Scoil Iognáid Rís, Naas, County Kildare, or Naas CBS, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5319/04]

The school building programme for 2004 as published is focused towards the construction of large scale new building projects which were in the advanced stages of architectural planning. The proposed extension project at Meánscoil Iognáid Rís is currently in the early stages of architectural planning and, consequently, did not feature on the 2004 programme.

However, given the difficulties being experienced at the school, my Department is anxious to provide a speedy solution to meet the short to medium term needs of the school. In this regard, it is prepared to provide permanent high quality modular accommodation in accordance with a schedule of accommodation to be agreed with the school authority. This type of accommodation is widely used in other countries and has been used here in the Prison Service. In addition, my Department satisfactorily piloted an entire new second level school in Cabra last year using this type of accommodation. The main advantage of modular accommodation is the speed with which it can be delivered. It is also permanent in nature and can be demounted for use elsewhere as circumstances at individual schools change. It is envisaged that the remainder of the accommodation required at Meánscoil Iognáid Rís can be provided using the same delivery method under next year's capital programme.

However, if the school authority wishes to follow the traditional building delivery method, its project will be included in a re-evaluation of all projects that are not going to construction as part of the 2004 programme with a view to including them as part of a multi-annual building programme from 2005 onwards. This re-evaluation will take place following completion of a review of the prioritisation criteria for large scale building projects which is currently taking place with the education partners.

Bernard J. Durkan

Question:

228 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Scoil Mhuire, Clane, County Kildare, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5320/04]

The management authority of Scoil Mhuire secondary school has applied for funding for refurbishment and conversion works under the summer works scheme 2004. Applications under the scheme are currently being processed in my Department and details of successful applicants will be published on my Department's website no later than 27 February 2004.

Bernard J. Durkan

Question:

229 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Scoil Mochua Aghardh, Celbridge, County Kildare, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5321/04]

A four classroom extension, general purpose room and ancillary accommodation at Scoil Mochua Aghards, Celbridge, County Kildare, is listed for proceeding to tender and construction as part of the 2004 school building programme. The indicative timescale in the programme for this project proceeding to tender is the first quarter of 2004. The tendering process has commenced and the school authorities are being kept advised of developments.

Bernard J. Durkan

Question:

230 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Scoil Nás Na Ríogh, Naas, County Kildare, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5322/04]

Gaelscoil Nás Na Ríogh commenced operation with provisional recognition from my Department in 2002. Newly established schools are generally required to undergo a period of provisional recognition, during which the operation of the school and the growth of pupil numbers are monitored. During that period, it is the responsibility of the school patron to provide suitable accommodation. This accommodation should be capable of fully meeting the needs of the developing school until permanent recognition has been secured and my Department is in a position to provide permanent accommodation.

An application for permanent recognition for the school has been received and is currently under consideration in the school planning section of my Department. As part of the examination, factors such as the long-term viability of the school, current and projected enrolments and suitability of accommodation will be considered. A decision on the school's application will be made as soon as possible.

Bernard J. Durkan

Question:

231 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Scoil Uí Dhalaigh, Kilcock, County Kildare, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5323/04]

An application for major capital improvement works at Scoil Chearbhaill Uí Dhálaigh has been received in my Department. The application is being examined in the school planning section. When a decision has been taken in the matter, the school authority will be notified directly.

Bernard J. Durkan

Question:

232 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Scoil Uí Riada, Kilcock, County Kildare, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5324/04]

A large scale building project for Gaelscoil Chill Coca national school is listed in section 9 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project is at early stages of architectural planning. It has been assigned a band two rating by my Department in accordance with the published criteria for prioritising large scale projects.

The proposed project will be authorised to progress to the next stage of architectural planning during 2004. The budget announcement regarding multi-annual capital envelopes will enable me to adopt a multi-annual framework for the school building programme which in turn will give greater clarity regarding projects that are not progressing in this year's programme. I will make a further announcement in that regard during the year.

Bernard J. Durkan

Question:

233 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at St. Mary's College, Naas, County Kildare, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5325/04]

My Department intends to meet the accommodation needs of St. Mary's College, Naas, County Kildare, by way of providing permanent, high quality modular accommodation. The extent of the provision, which will be made this year, is under discussion with the school authority.

Bernard J. Durkan

Question:

234 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Scoil Mochua, Celbridge, County Kildare, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5326/04]

A four classroom extension, general purpose room and ancillary accommodation at Scoil Mochua Aghards, Celbridge, County Kildare, is listed for proceeding to tender and construction as part of the 2004 school building programme. The indicative timescale in the programme for this project proceeding to tender is the first quarter of 2004. The tendering process has commenced and the school authorities are being kept advised of developments.

Bernard J. Durkan

Question:

235 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at St. Conleth's vocational school, Station Road, Newbridge, County Kildare, including extra buildings, special teaching requirements or ancillary facilities, notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5327/04]

St. Conleth's vocational school, Newbridge, County Kildare, has applied for the provision of a PE hall. The planning and building unit of my Department has prepared PE hall templates that will standardise the construction of PE halls at second level schools and will be used to plan the provision of PE halls nationally. The PE hall templates are being piloted in a number of locations this year.

The matter of providing a PE hall at the school to which the Deputy refers will be considered when the pilot programme has been completed and evaluated and in line with available resources and priorities arising.

Bernard J. Durkan

Question:

236 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at St. Corban's school, Naas, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5328/04]

My Department's school building unit received an application for retrospective funding from St. Corban's national school, Naas, County Kildare in respect of building works provided by the school. This application is being examined in light of the capital allocation for 2004 and competing resources. The school building unit will be in contact with the school authorities as soon as this examination has been completed.

Bernard J. Durkan

Question:

237 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at St. David's school, Naas, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5329/04]

An application for grant-aid towards improvement works has been received from the management authority of St. David's school, Naas, County Kildare. This application is being examined in the school planning section of my Department. When a decision has been taken in the matter, contact will be made directly with the school authority.

Bernard J. Durkan

Question:

238 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at St. Joseph's boys national school, Kilcock, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5330/04]

The school authority of St. Joseph's boys national school, Kilcock, County Kildare has submitted an application to my Department for temporary accommodation. The application is being examined in the school planning section. When a decision has been taken in the matter, contact will be made directly with the school authority.

Bernard J. Durkan

Question:

239 Mr. Durkan asked the Minister for Education and Science the position in regard to the provision of the full extent of the facilities sought at Tiermohan national school, Tiermohan, County Kildare including extra buildings, special teaching requirements or ancillary facilities notwithstanding information posted on the website and having regard to previous commitments, representations and negotiations with the school authorities; the precise stage at which the development or works now stand; the extent to which the proposal is likely to be advanced or concluded in 2004; when it is expected that the requirements will be fully met to the satisfaction of the school authorities by way of permanent accommodation rather than temporary or prefabricated facilities; and if he will make a statement on the matter. [5331/04]

An application for grant-aid towards improvement works has been received from the management authority of Tiermohan national school, Donadea, Naas. The application is being assessed in the school planning section of my Department. When a decision has been taken in the matter, contact will be made directly with the school authority.

Educational Services for Asylum Seekers.

Dan Boyle

Question:

240 Mr. Boyle asked the Minister for Education and Science if his attention has been drawn to the difficulties being experienced by asylum seekers undertaking courses in the further education sector, who cannot avail of the work experience component of their courses because of the uncertainty of their status; and the steps he intends to take to clarify this situation. [5349/04]

The arrangements to be applied to non-nationals who seek entry to programmes in the further education sector are set out in my Department's circular to VECs dated 27 September 2001.

The circular states that asylum seekers with an entitlement to work, that is, those who entered the country before 26 July 1999, who have been waiting at least one year for a determination of their case and are in possession of a notification of their right to work from the Department of Justice, Equality and Law Reform must be treated on the same basis as Irish nationals in terms of access to vocational training programmes within the further education sector. Asylum seekers who do not have an entitlement to work may avail of free access to adult literacy, English language and mother culture supports only.

Child Detention Centres.

Róisín Shortall

Question:

241 Ms Shortall asked the Minister for Education and Science the number of beds in each of the children's detention centres; the number in each case which were occupied as at 31 January 2004; the number of actual vacancies on that date; and if he will make a statement on the adequacy of the current provision. [5357/04]

There are five children detention schools under the aegis of my Department. The schools provide residential accommodation for children under 16 years who have been convicted of an offence or remanded in custody by the courts. The five schools currently have a combined operational capacity of 115 boys and 15 girls. The operational capacity may fluctuate from time to time to accommodate refurbishment and new developments, fire, health and safety or security concerns and current child care practices.

The number of occupied beds and the number of vacancies in respect of each of the five schools as at 31 January 2004 is as follows: Trinity House School, 18 occupied beds and 9 vacancies; Oberstown Boys Centre, 20 occupied beds and no vacancies; Oberstown Girls Centre. 9 occupied beds and 6 vacancies; Finglas Child & Adolescent Centre, 21 occupied beds and 7 vacancies; St. Joseph's Special School, Clonmel, 25 occupied beds and 15 vacancies.

A key consideration for my Department in commencing the Children Act 2001 is the identification of the appropriate number of residential places required under the new arrangements. An independent internationally recognised expert in the field of residential care was commissioned by my Department to review the residential requirements for children's detention schools. This review does not envisage any significant change in requirements in the short term.

In the medium to long-term the review suggests that with the implementation of the Children Act 2001, and the increasing availability of early intervention measures and alternatives to custody envisaged, there will be a reduction in demand for residential places for young offenders. The views of the Special Residential Services Board on the report were received by my Department and are currently being considered.

Special Educational Needs.

Jackie Healy-Rae

Question:

242 Mr. Healy-Rae asked the Minister for Education and Science if he will fast-track the sanctioning of resource teachers for south Kerry schools, particularly Scoil Mhuire, Killorglin, County Kerry, in view of the fact that there are a number of children attending this school who are still waiting to be sanctioned resource teaching hours. [5364/04]

The school referred to by the Deputy currently has the services of one learning support teacher and three resource teaching posts. I can confirm, also, that my Department has received applications from the school for special educational resources, SER, in respect of a number of children in December, 2002 and January and February, 2003. I understand that professional reports in support of the applications were made available to my Department by the school in July 2003.

SER applications received between 15 February and 31 August 2003, including those made by this school, are being considered at present. In all, more than 5,000 such applications were received. Priority was given to cases involving children starting school last September and all these cases were responded to at or before the commencement of the current school year.

The balance of more than 4,000 applications has been reviewed by a dedicated team comprising members of my Department's inspectorate and the National Educational Psychological Service, NEPS. These applications are being further considered in the context of the outcome of surveys of SER provision conducted over the past year or so. Account is also being taken of the data submitted by schools as part of the recent nationwide census of SER provision.

The processing of the applications is a complex and time-consuming operation. However, my Department is endeavouring to have this process completed as quickly as possible and my officials will then respond to all applicant schools. Pending a response, schools are advised to refer to Circular 24/03, which issued in September, 2003. This circular contains practical advice on how to achieve the most effective deployment of resources already allocated for special educational needs within the school.

Energy Development Project.

Simon Coveney

Question:

243 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources the timescale in which he envisages the new east-west electricity interconnector between Ireland and Britain being built; and his views on whether it is appropriate that the Government should manage the interconnector. [5176/04]

As the Deputy will be aware, the Government hasgiven its approval to the development of two500 MW east-west Ireland-Wales electricity interconnectors, as a priority.

The Government decision will involve, in the first instance, the Commission for Energy Regulation, CER, being charged with promoting and assessing the degree of interest in the development of merchant interconnectors to be constructed, managed and owned by the private sector and not by the Government.

In the event of no substantive interest emerging on the part of the private sector for a merchant interconnector type project, the CER will then move to host a competition for construction, management and ownership of regulated interconnectors, underpinned by a guaranteed regulated revenue stream covering costs, either in whole or in part. Any CER competition arrangements would seek to maximise risk transfer from and minimise costs to the consumer downstream. By virtue of the fact that the competition would be open, the results will dictate management options. While it is not possible at this stage to give a detailed timescale for build, the target date for commencement of capital works on the interconnector is by end 2006 or earlier if possible.

Postal Services.

Arthur Morgan

Question:

244 Mr. Morgan asked the Minister for Communications, Marine and Natural Resources the position of postal deliveries and collection in Drogheda and the surrounding areas; the steps he is taking to ensure that An Post lives up to its commitments to negotiate meaningfully on the collection and delivery element of the transformation through partnership, TTP, agreement which was agreed between the management and union in 2000; the reason the public is being led to believe, through media advertisements, that the postmen in Drogheda area are taking industrial action when they are working to their schedule; and if he will make a statement on the matter. [5279/04]

The issue raised by the Deputy regarding postal deliveries in Drogheda is an operational matter for the board and management of An Post and one in which I have no statutory function. The ongoing industrial action is fundamentally a matter for the board and management of An Post and the unions involved.

However, I understand that the current industrial action in Drogheda is unofficial and I would urge all concerned to operate agreed industrial relations mechanisms to facilitate a return to normal working arrangements and to restore the levels of service, which An Post customers are entitled to expect.

The shareholder, company and employees negotiated a transformation through partnership agreement in 2000 which aimed to prepare An Post for the challenges arising from the liberalisation of the postal market and electronic substitution products such as e-mail.

Since the negotiation of the agreement in 2000, the financial situation in An Post has deteriorated significantly, and it is now even more critical for all stakeholders in An Post to implement the necessary strategies to return the company to profitability and copperfasten its long-term future in the postal market.

Sports Capital Programme.

Willie Penrose

Question:

245 Mr. Penrose asked the Minister for Arts, Sport and Tourism if his Department has received an application for substantial grant aid from a sports club (details supplied); if, in the context of the importance of the project, it will be considered; and if he will make a statement on the matter. [5154/04]

The national lottery-funded sports capital programme, which is administered by my Department, allocates funding to sporting and community organisations at local, regional and national level throughout the country. The programme is advertised on an annual basis.

The 2004 sports capital programme was advertised in the national newspapers on 30 November and 1 December 2003. The closing date for receipt of applications was 16 January 2004. A total of 1,302 applications were received before the closing date, including one from the organisation in question. All applications are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Hare Coursing.

Tony Gregory

Question:

246 Mr. Gregory asked the Minister for Arts, Sport and Tourism the purpose and outcome of the meeting in October 2003 between the monitoring committee and the Irish Coursing Club; if he plans any legislative or policy initiative in light of the need to introduce drag coursing here in view of the success of this alternative to live hare coursing in Australia, the USA and Britain; and if he will make a statement on the matter. [5362/04]

The Deputy will be aware that under section 26 of the Greyhound Industry Act 1958, the Irish Coursing Club is recognised as being the controlling authority for the breeding and coursing of greyhounds, subject to the provisions of the Act and of the constitution of the club and subject to the general control and direction of Bord na gCon.

The monitoring committee, comprising officials of my Department, veterinary and livestock breeding experts from the Department of Agriculture and Food, representatives from the National Parks and Wildlife Service and Bord na gCon held its annual meeting with the Irish Coursing Club, ICC, on 23 October 2003. The purpose of this meeting was to review the 2002-03 coursing season and to discuss control procedures for the 2003-04 season.

The question of introducing drag coursing was discussed at the meeting. The ICC informed the committee that the muzzling of coursing greyhounds and the continued veterinary inspections by both the coursing clubs and the Department of Agriculture and Food have significantly reduced the incidence of injuries to hares. The Department of Agriculture and Food veterinary inspectors agreed to attend approximately 10% of meetings for the 2003-04 on behalf of my Department, while wildlife rangers from the National Parks and Wildlife Service will continue to attend approximately 50% of all coursing meetings and issue reports to my Department. In light of these initiatives, I do not propose to introduce changes in legislation to introduce drag coursing in Ireland.

Tribunals of Inquiry.

Tony Gregory

Question:

247 Mr. Gregory asked the Minister for Health and Children the cost to the Exchequer in 2003 arising from the Lindsay tribunal; and the individual costs of legal personnel in each case for 2003. [5268/04]

The Tribunal of Inquiry into the Infection with HIV and Hepatitis C of Persons with Haemophilia and Related Matters, chaired by her honour, Judge Alison Lindsay, sat in public session for 196 days, from 2 May 2000 to 28 November 2001. A total of 29 orders for costs were granted by the tribunal. The taxation of costs is ongoing and the following payments have been made to the end of 2003:

Kilkenny Health Worker

Kilkenny Health Worker

524,629.84

Irish Haemophilia Society — 2002 and 2003

6,751,055.54

National Virus Reference Laboratory

106,761.43

Mid-Western Health Board

655,275.43

Irish Blood Transfusion Service

4,460,970.21

Total

12,498,692.45

It should be noted that the amounts paid to the Irish Haemophilia Society and the Irish Blood Transfusion Service are provisional. It is likely that further sums will be agreed for payment to both bodies. In addition a large number of bills for costs are outstanding from persons who had a significant input at the tribunal, including doctors, hospitals and health boards.

Genetically Modified Organisms.

Bernard J. Durkan

Question:

248 Mr. Durkan asked the Minister for Health and Children the extent to which GM foods are for sale here, whether labelled or unlabelled; and if he will make a statement on the matter. [5336/04]

Under EU rules, only authorised GM foods, or foods containing ingredients thereof, can be imported and placed on the market. Ireland applies EU legislation on genetically modified, GM, foods.

The following GM foods are authorised for sale on the Irish market: vegetable oil from oil seed rape; vegetable oil from cotton seed; maize products; soya products. These products are normally used as food ingredients and the following are the food types in which the Food Safety Authority of Ireland, FSAI, have identified GM ingredients: vegetable casserole, gluten-free reduced sugar rusks, soya protein mince, soya protein chunks, soya biscuits and cakes, soya bran, soya flour, infant formula, soya cream, soya yoghurt, soya drink, soya dessert, lecithin granules derived from soya bean and maize meal, tortilla chips, taco shells, breadcrumbs for chicken and burger and corn snacks derived from maize.

However, the above list does not mean that there are not other food types on the market with GM maize or soya ingredients. Further authorisations of GM foods will only occur following full independent safety assessment by the European Food Safety Authority and will also be subject to the latest European regulations with regard to traceability and labelling.

Several EU regulations, including 258/97, 1139/98, 49/2000, 50/2000, govern the labelling of food products containing genetically modified organisms, GMOs. These have been updated by two new regulations, 1829/2003, which repeals 1139/98, 49/2000, 50/2000, and 1830/2003. These regulations which become applicable in April of this year, amend the current rules on the labelling of foods produced from GMOs to require labelling irrespective of whether DNA or protein of GM origin is present in the final product. Consequently, highly refined or processed food such as starch, sugar and oil products which may not have any residual DNA or protein will nonetheless require labelling if derived from GMOs. A traceability system will also be put in place to verify the origin of the food. Labels will have to indicate either "This product contains genetically modified organisms" or "... produced from genetically modified, name of organism". Operators will have to comply with these new provisions on labelling from April 2004.

Trace levels of GMOs in conventional food and feed can and do arise during cultivation, harvest, transport and processing. This is not particular to GMOs but can occur in the production of food, feed and seed with the result that it is very difficult to achieve products that are 100% pure. Against this background, the EU's objective is to ensure legal certainty and establish certain thresholds above which conventional food and feed have to be labelled as consisting of, or containing, or being produced from a GMO.

Under current legislation the presence of GM material in conventional food does not have to be labelled if it is below 1% and if it can be shown to be adventitious and technically unavoidable. The EU has now revised this to a threshold of no higher than 0.9% that will apply from April of 2004.

The FSAI is the competent authority in Ireland for the enforcement of EU legislation regarding the genetic modification of foodstuffs: the FSAI carries out checks on the marketplace for compliance with GM legislation.

Hospital Services.

Olivia Mitchell

Question:

249 Ms O. Mitchell asked the Minister for Health and Children if he will respond to requests from consultant psychiatrists based at St. James's Hospital for urgently required additional resources to provide a basic mental health service in the area. [5134/04]

Responsibility for the provision of the services referred to by the Deputy rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive to investigate the matter raised by the Deputy and reply to her directly.

Smoking Ban.

Finian McGrath

Question:

250 Mr. F. McGrath asked the Minister for Health and Children when the smoking ban will come into place; and if there are legal or international objections. [5135/04]

The regulations prohibiting smoking in enclosed workplaces will be effective from 29 March 2004. There have been no objections put forward by other EU member states to the proposed measure. I am advised that no legal challenges to the measure have been made.

Services for People with Disabilities.

Finian McGrath

Question:

251 Mr. F. McGrath asked the Minister for Health and Children the number of adults with intellectual disabilities on residential, day care and respite waiting lists; and if there has been a reduction over the past two months. [5136/04]

Responsibility for identifying the number of adults with intellectual disabilities requiring residential, day care and respite places is a matter, in the first instance, for the Eastern Regional Health Authority and the health boards. My Department has, therefore, asked the regional chief executive of the authority and the chief executive officers of the health boards to investigate the matter raised by the Deputy and reply directly to him.

Hospital Services.

Finian McGrath

Question:

252 Mr. F. McGrath asked the Minister for Health and Children the reason there is still no MRI scanner for children in the State; and if action will be taken on this issue. [5137/04]

I assume the Deputy is referring to the fact that there are currently no MRI services available at Our Lady's Hospital for Sick Children, Crumlin. The development of these facilities is at an advanced stage. Late last year I announced that sanction had been given to appoint a design team to advance the planning and design process, and I understand that the design team has recently been appointed.

The introduction of this service will build on the existing MRI services provided for children at Temple Street Hospital and at the Adelaide and Meath Hospital incorporating the National Children's Hospital at Tallaght. Children requiring MRI scans may also be referred to other hospitals as appropriate.

Industrial Disputes.

Finian McGrath

Question:

253 Mr. F. McGrath asked the Minister for Health and Children if he will urgently meet the consultants in order to resolve the current dispute; and if he will give the 1,500 consultants the maximum support and assistance in carrying out their professional duties. [5138/04]

I have had several meetings with the Irish Hospital Consultants Association and the Irish Medical Organisation in recent weeks. Between meetings, I have had regular contact with their respective leaders. The Government has given repeated assurances to consultants that it will fully support any Irish consultant member of the Medical Defence Union who is left without indemnity cover as a result of the exercise of an arbitrary discretion by that organisation.

Health Board Services.

Paul Nicholas Gogarty

Question:

254 Mr. Gogarty asked the Minister for Health and Children if investigations into injuries to a person (details supplied) have taken place; and if so, the results of this investigation. [5139/04]

As the Deputy will be aware, the provision of health services in the Dublin 7 area is, in the first instance, the responsibility of the Northern Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has, therefore, asked the chief executive of the authority to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

Hospital Staff.

Paul Nicholas Gogarty

Question:

255 Mr. Gogarty asked the Minister for Health and Children if staffing levels at St. Mary's Hospital, Phoenix Park, are sufficient to ensure adequate supervision of elderly patients there. [5140/04]

As the Deputy will be aware responsibility for the provision of health services in the Dublin 7 area is a matter for the Northern Area Health Board in the first instance acting under the aegis of the Eastern Regional Health Authority.

My Department has been informed by the authority that staffing levels at St. Mary's Hospital are adequate to deliver good nursing and medical care to frail older persons resident in the hospital. The authority also states that staffing levels are normally maintained at the required level but that it can be challenging to ensure the availability of qualified nursing staff as is the case throughout the health services. Agency staff are recruited from time to time and overtime is also available to permanent staff to ensure that services are maintained at the appropriate level. The authority has further advised that the availability of agency staff can, unfortunately, sometimes be limited and that it can be particularly challenging to staff in supervising those older residents suffering from dementia in an old building which was not designed for such patients. The Deputy may be interested to note that I visited this hospital recently and was happy to meet with both staff and patients.

Hospital Services.

Jerry Cowley

Question:

256 Dr. Cowley asked the Minister for Health and Children the reason a person (details supplied) cannot be transferred to a Galway hospital for the care they require for the tracheotomy post an aneurysm operation complication; his views on the transfer to a Galway hospital from Roscommon regional; and if he will make a statement on the matter. [5158/04]

The provision of services to residents of counties Mayo and Galway is the responsibility of the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Cancer Treatment Services.

Brian O'Shea

Question:

257 Mr. O'Shea asked the Minister for Health and Children if he will provide the names and addresses of those appointed to the national radiation oncology coordinating group; and if he will make a statement on the matter. [5159/04]

I have arranged for the information requested by the Deputy to be forwarded to him directly.

As the Deputy is aware, I launched the report on "The Development of Radiation Oncology Services in Ireland" in October 2003. Its recommendations have been accepted by Government. The Government agrees that a major programme is now required to rapidly develop clinical radiation oncology treatment services to modern standards. It is my intention to develop a national integrated network of radiation oncology.

The twin objectives of equitable access regardless of location and an effective national quality assurance programme need to be supported by a co-ordinating mechanism, as recommended in the report. That is why I have now established the national radiation oncology-coordinating group. The group, which recently held its first meeting, comprises clinical, technical, managerial, academic and nursing expertise from different geographic regions.

The group's remit encompasses measures to facilitate improved access to existing and planned services, including transport and accommodation. The group also has the specific remit of agreeing quality assurance protocols, including guidelines for the referral of public patients to private facilities. I expect the group to develop proposals in these important areas.

Brian O'Shea

Question:

258 Mr. O'Shea asked the Minister for Health and Children the purpose of satellite centres in regard to radiation oncology; and if he will make a statement on the matter. [5160/04]

As the Deputy is aware, I launched the report on "The Development of Radiation Oncology Services in Ireland" in October 2003. Its recommendations have been accepted by Government. The Government agrees that a major programme is now required to rapidly develop clinical radiation oncology treatment services to modern standards. Furthermore, the Government has agreed that the first phase of such a new programme should be the development of a clinical network of large centres in Dublin, Cork and Galway.

The implementation of the report's recommendations is the single most important priority in cancer services in the acute hospital setting. The Government has also decided that in the future development of services, consideration should be given to the efficacy of developing satellite centres at Waterford, Limerick and the north-west. Such consideration will take into account the international evaluation of satellite centres, the efficacy of providing this model and the need to ensure quality standards of care.

The report considers that there will be a need for continued review of service development given the additional treatment capacity requirements that have been identified to 2015 and beyond. The report emphasises that the published analyses of radiation therapy care and therapeutic outcome in the context of outreach or satellite facilities is quite limited. Such developments internationally are very recent and are being established against a background of significant pre-existing radiation oncology treatment resources. This is not the current situation in Ireland.

In recent years, for example, there has been a limited development of satellite facilities in Britain, Norway, Canada and Australia. The analysis of clinical and operational success and the difficulties encountered by these in smaller centres is not yet available. The report emphasises that it will be important to ensure that any future outreach service or collaboration with independent private centres would provide the technical and clinical quality commensurate with what is believed to be achievable with the initial phase of large centre development advocated in the report. The expert group considers that the maintenance of professional competence, and possibly morale, in any future outreach or small treatment facility with few staff, where sub-specialisation is not possible, will continue to be a significant challenge.

It is my intention to develop a national integrated network of radiation oncology. The twin objectives of equitable access regardless of location and an effective national quality assurance programme need to be supported by a coordinating mechanism, as recommended in the report. That is why I have now established the national radiation oncology coordinating group. The group, which recently held its first meeting, comprises clinical, technical, managerial, academic and nursing expertise from different geographic regions. The group's remit encompasses the development of proposals to facilitate improved access to existing and planned services, including transport and accommodation. The group also has the specific remit of agreeing quality assurance protocols, including guidelines for the referral of public patients to private facilities.

Allergies Incidence.

John Gormley

Question:

259 Mr. Gormley asked the Minister for Health and Children if his attention has been drawn to a recent survey contained in a newspaper showing that Ireland has a very high rate of children with allergies; if he can state the steps he intends to take to deal with this serious problem; and if he will make a statement on the matter. [5182/04]

My Department has been aware in recent years of a number of references both in the general media and in the medical literature to an increase in the prevalence of conditions which may be related to allergies. These conditions affect a number of systems such as food allergies resulting in gastrointestinal symptoms, allergies to substances in the environment which may lead to a variety of skin conditions, and the one which has been most widely researched and reported, that of an apparent increase in the prevalence of asthma in both children and adults.

Some of these phenomena may be explained by more sophisticated diagnostic and investigative techniques which allow for the more frequent identification of conditions whose pathology and causation were previously unknown. However, it is generally accepted, not only in Ireland but in the western world in general, that there appears to have been a real increase in the incidence of asthma which is not solely explained by reference per diagnostic techniques. This was confirmed in a study which was carried out on asthma in Ireland by Allen and Hanburys in conjunction with the Asthma Society in 2001. This research extended a previous study which was carried out in seven countries in Europe in 1999 which confirmed that among the European Union countries, there are also variations in asthma prevalence.

It is accepted that some of the factors which may influence this situation include environmental factors, not only smoking and workplace exposure to respiratory irritants, but a more general level of exposure to environmental substances which cause allergies to occur. At the forthcoming meeting of European Union chief medical officers, the chief medical officer of my Department has placed the issues of food and asthma on the agenda so that we can share experiences, information and knowledge with our EU partners on this issue.

In addition, my Department has contacted the health research board to discuss the issue of research into the incidence of asthma in the Irish population and the establishment of an asthma register is under discussion between professionals dealing with asthma and the ERHA. These initiatives should help to elucidate more clearly some of the causative factors relating to these conditions and, more specifically, to identify factors which contribute to the allergic component of this and other conditions. Thus, preventive and treatment strategies can be more effectively developed and implemented.

Hospital Staff.

Bernard J. Durkan

Question:

260 Mr. Durkan asked the Minister for Health and Children if adequate staffing levels have been achieved to ensure the provision of a full range of services at Naas General Hospital and Maynooth Community Hospital; and if he will make a statement on the matter. [5350/04]

Responsibility for the provision of health services to persons residing in counties Dublin, Kildare and Wicklow rests with the Eastern Regional Health Authority. My Department has therefore asked the regional chief executive of the authority to investigate the matters raised by the Deputy and to reply to him directly.

Child Care Services.

Róisín Shortall

Question:

261 Ms Shortall asked the Minister for Health and Children the number of beds in each of the high support, secure facilities for disturbed children and their location; the details of the number of beds in each case which were occupied as of 31 January 2004; the number of actual vacancies in each facility on that date; and if he will make a statement on the adequacy of the current provision. [5359/04]

The information in the detail requested by the Deputy is not readily available. My Department has sought the information from the Eastern Regional Health Authority and health boards and it will be forwarded to the Deputy as soon as possible.

Hospital Staff.

Brendan Smith

Question:

262 Mr. B. Smith asked the Minister for Health and Children the position regarding the appointment of a consultant physician specialising in nephrology for Cavan General Hospital; and if he will make a statement on the matter. [5360/04]

Responsibility for the provision of services at Cavan General Hospital rests with the North Eastern Health Board. My Department has, therefore, asked the chief executive of the board to examine the matter raised by the Deputy and to reply to him directly.

Road Safety.

Denis Naughten

Question:

263 Mr. Naughten asked the Minister for Transport the procedure for a person who due to a medical condition cannot wear a seat belt and is medically certified as being unable to wear a seat belt; if such individuals are liable to receive penalty points; and if he will make a statement on the matter. [5151/04]

Article 8(1)(e) of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1991 provides an exemption from the requirement to use a seat belt to a person who has been issued with a prescribed certificate by a registered medical practitioner certifying that it is inadvisable on medical grounds for that person to wear a safety belt. By virtue of the exemption under article 8(1)(e), no offence would be committed by such a person in not wearing a seat belt and therefore the question of penalty points does not arise.

Road Network.

John Bruton

Question:

264 Mr. J. Bruton asked the Minister for Transport if he will be introducing legislation to facilitate the provision of an outer orbital road route around Dublin; and if he will introduce legislation to make special arrangements for accountability to Dáil Éireann for the strategic thinking with regard to, and spatial planning implications of the decision to have such a route. [5187/04]

Both the strategic planning guidelines for the greater Dublin area 1999 and the DTO's Platform for Change 2000-2016 identified a need for a Dublin outer orbital route linking Drogheda, Navan, Naas and Newbridge.

I understand that the draft regional planning guidelines for the greater Dublin area, currently in public consultation, also provide for the development of such a route in the medium to longer term on the basis that these centres would be strengthened by the provision of good links between them without having to pass through the Dublin city area. I am informed by the NRA that the proposed route is not at this time part ofits current programme of national road improvement works in planning. I understand that it will be considered as part of future road infrastructure development plans taking account of the national spatial strategy, the regional planning guidelines as eventually adopted and the spatial planning and traffic implications of such a route for the greater Dublin region and neighbouring regions.

The planning of any such projects would be subject to the requirements of the Roads Act 1993 relating to environmental impact assessment and of legislation relating to the compulsory acquisition of land. There are no proposals to introduce legislation to facilitate the provision of the route.

Pension Provisions.

Róisín Shortall

Question:

265 Ms Shortall asked the Minister for Transport his proposals for the future of the CIE pension fund in the context of his plans to break up CIE; the person he proposes as guarantor of this fund; and if he will make a statement on the matter. [5358/04]

Future pension arrangements are being considered as part of the detailed preparatory work on the restructuring of CIE. The objective of that work is that the current position in relation to pension entitlements and pension security should continue to obtain for the future.

Tribunals of Inquiry.

Tony Gregory

Question:

266 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the cost to the Exchequer in 2003 arising from the Morris and Barr tribunals of inquiry; and the individual costs of legal personnel in each case for 2003. [5268/04]

I refer the Deputy to the reply to his Parliamentary Question No. 277 of Wednesday, 11 February 2004, where this information was provided.

Ground Rents Abolition.

Arthur Morgan

Question:

267 Mr. Morgan asked the Minister for Justice, Equality and Law Reform if the Government is awaiting the outcome of a case (details supplied) before proceeding with legislation to abolish ground rents; and if he will make a statement on the matter. [5141/04]

The Government legislation programme published on 25 January 2004 makes provision for a Bill to abolish ground rents. I have previously stated that publication of the Bill is subject to the resolution of possible constitutional and practical difficulties. I have nothing further to add to that by way of comment now.

Closed Circuit Television Systems.

James Breen

Question:

268 Mr. J. Breen asked the Minister for Justice, Equality and Law Reform if he will honour the commitment made by his predecessor to Ennis Chamber of Commerce and provide funding for a closed-circuit television system for the town of Ennis; and if he will make a statement on the matter. [5142/04]

As the Deputy is aware, Ennis is one of 17 locations which is set to receive a new Garda CCTV system over the next two years, subject to the availability of funds. The other locations are, in alphabetical order: Athlone, Ballyfermot, Bray, Carlow, Castlebar, Clondalkin, Clonmel, Dundalk, Dun Laoghaire, Finglas, Galway, Kilkenny, Limerick, Sligo, Tallaght and Waterford.

I have been informed by the Garda authorities that, when the go-ahead was given to proceed with the installation of the above 17 town centre CCTV systems, it was decided that the implementation of the CCTV systems in those locations should proceed on a phased basis.

If work were to commence at all 17 locations simultaneously, it would prove difficult to project-manage due to the complexity of the process and the geographical distribution of the proposed systems. Additional resources would also be required.

Phase one of the scheme comprises Bray, Dundalk, Dun Laoghaire, Finglas, Galway and Limerick. The contract for the supply, installation and commissioning of Garda CCTV systems for those locations was awarded to SKS Communications Limited, and work on the implementation of those systems is ongoing. Phase two of the scheme comprises Athlone, Clondalkin, Tallaght and Waterford. The pre-tender process for those systems is at an advanced stage.

Phase three of the scheme comprises Ballyfermot, Carlow, Castlebar, Clonmel, Ennis, Kilkenny and Sligo. The planning for the installation of those is scheduled to commence later this year.

SAVI Report.

Breeda Moynihan-Cronin

Question:

269 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform the progress that has been made on the establishment of a consultative committee as recommended by the SAVI report; and if he will make a statement on the matter. [5143/04]

The sexual assault and violence in Ireland, or SAVI, report contains several recommendations which have implications for a range of agencies. One of the key recommendations is that a consultative committee on sexual violence be established. I have considered the matter in some detail, and it is my view that the existing national steering committee on violence against women would be well-placed to pursue the relevant recommendations contained in the SAVI report, comprising, as it does, representatives of most of the statutory and non-statutory organisations dealing with the issue of sexual violence. I will be consulting with the committee to ascertain if it is in a position to take on that expanded role.

National Drugs Strategy.

Finian McGrath

Question:

270 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the position regarding policing issues to deal with the drugs crisis on the north side of Dublin; and if he will make a statement on the matter. [5144/04]

I refer the Deputy to the response by the Minister of State, Deputy O'Dea, on my behalf, to the similar matter put down by him for the Adjournment debate of Wednesday, 11 February 2004, which dealt comprehensively with the Government's strategy on drugs.

Regarding the enforcement area, the Garda Síochána has the primary role in enforcing the laws regarding drugs and tackling the individuals and organisations that profit from drug trafficking. I am informed by the Garda authorities that the policing response to the issue centres on several basic principles, namely: conducting intelligence-driven operations against criminal networks involved in drug distribution at both a national and international level; undermining the structures and systems which support that activity; depriving criminal organisations of the proceeds arising from drug trafficking and related activities; and working with communities and organisations endeavouring to reduce both the demand and supply of drugs in society.

The Garda Síochána sets out its strategies in its annual policing plans, which task Garda units operating at a national level to counteract organised crime, drug trafficking and money laundering. Those include not only the Garda national drugs unit, but also the Criminal Assets Bureau, the National Bureau of Criminal Investigation and the Garda bureau of fraud investigation. All the activities of those units are co-ordinated under the assistant commissioner responsible for national support services. Those units work in close co-operation with several dedicated divisional drug units, which are tasked with addressing drug distribution at a local level.

The activities of the Garda Síochána in combating organised crime associated with drug trafficking have recorded considerable successes in apprehending those involved, as well as seizing substantial quantities of drugs.

In addition, the Garda Síochána works with communities and organisations seeking to reduce the demand for drugs. That includes active participation on the five local drug task forces operating on the north side of Dublin, as well as community policing forums operating in both the north inner city and Cabra areas. The Garda Síochána has also initiated 64 diversionary projects throughout the State aimed at addressing the needs of young people at risk from a variety of issues, including substance misuse. Ten of those projects operate on the north side of Dublin.

While it is acknowledged that substance misuse continues to be a significant issue, the Garda Síochána's successes in tackling criminal drug activity have been considerable. The Misuse of Drugs Act 1977 is strictly enforced on Dublin's north side, with a dedicated staff of three sergeants and 14 gardaí in addition to those performing regular mobile and foot patrols.

Garda Complaints Procedures.

Joe Costello

Question:

271 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he has received the report that he requested from the Whitehall Garda station arising from the complaints made by a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [5152/04]

I have received a report from the Garda authorities regarding the criminal complaints made by the person mentioned by the Deputy, and I am informed that the complaints made are the subject of an ongoing Garda investigation. The complainant has been informed by the Garda authorities of the progress to date in the investigation, and my office also updated him in a letter dated 30 January 2004. The Deputy will be aware that it is not the practice to comment on ongoing Garda investigations, which are operational matters for the Garda authorities.

Residency Permits.

Paddy McHugh

Question:

272 Mr. McHugh asked the Minister for Justice, Equality and Law Reform if there is a procedure to make an application to reside in the State on the basis of a person (details supplied) being the parent of an Irish-born child; if there is an appeal process that can be pursued; and if so, the details of same. [5162/04]

Following the decision of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish-born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases outstanding on that date.

In such cases when the person has an alternative legal basis for remaining in this jurisdiction, the application will simply be returned, which was the case with the application referred to by the Deputy. If a person does not have such an alternative legal basis for remaining in this jurisdiction, the issue of permission to remain will be considered, but only in the context of a ministerial proposal to deport. In that context, the person will be notified of the proposal and given an opportunity to make representations in that regard. If, in the light of those representations, the range of factors set out in section 3(6) of the Immigration Act 1999 and the prohibition on refoulment, the Minister decides not to make a deportation order, the person will be given leave to remain on a humanitarian basis.

Prisons Building Programme.

Richard Bruton

Question:

273 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the cost involved over recent years of the total refurbishment of Mountjoy women's prison; if it is the Government's intention to close down that prison in the main Mountjoy Prison complex; and if he will make a statement on the matter. [5163/04]

In January 1996, the Government gave approval for the construction of a new women's prison at the Mountjoy Prison complex. The construction of the women's prison, to house 60 offenders, commenced early in 1997 and was completed in April 1999. The construction cost was £13.5 million, or €17.2 million, which included all the costs associated with the construction of both the new prison and a 300-space multi-storey car park, adjacent to St. Patrick's Institution, to service the entire prison complex at Mountjoy. Roughly one quarter of the costs is attributable to the multi-storey car park.

The new women's prison became known as the Dóchas centre. The total cost of maintenance and improvement works for the Dóchas centre over the past five years since it opened has been €986,603.02. Unfortunately, the centre has suffered from serious overcrowding problems almost from its inception, even with the benefit of an additional 20 spaces provided in the final phase of its construction. It is the Government's intention to replicate an expanded version of the Dóchas centre in the plans to move the entire Mountjoy Prison complex to a greenfield site in the greater Dublin area.

Visa Applications.

John McGuinness

Question:

274 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the position regarding visa applications (details supplied); when the refusal was issued and the dates on which the parties were notified; if the new applications, when submitted, will be expedited in view of the commercial nature of the visit and the benefit to a Kilkenny-based industry; and if he will make a statement on the matter. [5164/04]

When assessing any visa application, the visa officer will consider various matters. Those include whether it is reasonable in all the circumstances to conclude that: the applicant's stated purpose of visit is his or her true purpose of visit; the applicant is in a position to support him- or herself fully while in the State; the applicant will fully honour the conditions of the visa — for example, is unlikely to overstay the length of time applied for or work without a work permit; the applicant is unlikely to breach the common travel area by travelling from the State to Great Britain or Northern Ireland without an appropriate entry visa.

The visa officer will have regard to the information provided in the application and to such factors as the applicant's ties and general circumstances in his or her country of origin, his or her immigration history, as well as the relative attractiveness and feasibility of his or her remaining in the State. Credibility is central to the visa determination process. The Department's approach in those matters is informed by past experience, including experience of abuse of the system; not surprisingly, inconsistencies on the face of the application can cause the visa officer to conclude that the above-mentioned matters have not been satisfied.

The persons in question made visa applications in October 2003 to enable them to come to the State for business purposes. The visa officer, in deciding on the applications, considered that there was insufficient evidence, on the basis of the documentation supplied, to show that the stated purpose of the visit was the true purpose. Inconsistencies were also noted in the information supplied. In the circumstances, the visa officer formed the opinion that it would not be reasonable to conclude that the applicants would observe the conditions attached to the visa.

Reasons for the refusal of the applications were issued on 16 December 2003 on request from the reference in Ireland. Representations were received from the Deputy appealing against the refusal of the visas. It was noted that the applicants' reference in Ireland stated that he wished to finalise a €500,000 business contract with the applicants' company. However, the applicants' business bank account statement which accompanied the visa applications showed a balance of approximately €1,500. Taking that and other inconsistencies into account, both applications were refused on appeal.

It is, of course, open to the applicants to make fresh applications with up-to-date supporting documentation, and the matter will be considered anew. In that regard, any new applications should address the concerns mentioned above.

Garda Complaints Procedures.

Pat Rabbitte

Question:

275 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the action that has been taken on foot of claims amounting to malicious prosecution, Garda perjury and subsequent harassment made by a person (details supplied) in County Mayo; if any Garda or independent examination of those claims has been made or is proposed; and if he will make a statement on the matter. [5165/04]

I am aware of the matters referred to by the Deputy, which the person concerned raised in correspondence with me and which were acknowledged by my office. A further letter will be sent to the person concerned when the matters that he has raised have been considered.

Garda Deployment.

Seán Crowe

Question:

276 Mr. Crowe asked the Minister for Justice, Equality and Law Reform the number of gardaí who are assigned to the Dunboyne and Ashbourne area of County Meath; their availability per shift, holidays and illness, being taken into account; and the amount of Garda cars, vans and bikes available for policing duties in the area. [5171/04]

Seán Crowe

Question:

277 Mr. Crowe asked the Minister for Justice, Equality and Law Reform the number of gardaí who are on active patrol duty in the Dunboyne and Ashbourne area of County Meath; the number of Garda vehicles available for patrols; and if he will make a statement on the matter. [5172/04]

I propose to take Questions Nos. 276 and 277 together.

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the current personnel strength of Dunboyne and Ashbourne Garda stations is as follows:

Station

Strength at 16/02/04

Dunboyne

14

Ashbourne

36

For security and operational reasons, it is not Garda policy to disclose the number of Garda personnel on duty in a particular station at any given time.

Garda management will continue to appraise the policing and administrative strategy employed in Ashbourne district with a view to ensuring an effective Garda service is maintained. The situation will be kept under review and when additional personnel next become available, the needs of Dunboyne and Ashbourne Garda stations will be fully considered within the overall context of the needs of Garda divisions throughout the country.

With regard to the availability of Garda vehicles in the area, I have further been informed that there are 11 vehicles attached to the Ashbourne district, seven of which are in Ashbourne, two in Dunboyne and one each in Dunshaughlin and Kilcock. There are no motorbikes or bikes attached to the Ashbourne District.

Courts Service.

Joan Burton

Question:

278 Ms Burton asked the Minister for Justice, Equality and Law Reform the position with regard to the participation of deaf people on juries; if signers will be provided; and the progress his Department has made in addressing this issue. [5183/04]

As the Deputy may be aware, the Juries Act 1976 precludes deaf people, and other categories of persons, from serving on a jury. The question of amending this provision has been raised with me and, in this regard, I have stated that any future review of the legislation in question will encompass the provisions concerning the categories of persons deemed ineligible and excusable as of right from serving on juries.

Citizenship Applications.

Jack Wall

Question:

279 Mr. Wall asked the Minister for Justice, Equality and Law Reform if, further to Parliamentary Question No. 425 of 10 February 2004, he will outline the exact information requested by his Department in connection with this application for naturalisation and the way in which the response was submitted to his Department incomplete; and if he will make a statement on the matter. [5278/04]

I refer the Deputy to my reply to Parliamentary Question No. 464 of Tuesday, 17 February 2004.

Child Care Services.

Tom Hayes

Question:

280 Mr. Hayes asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 440 of 3 February 2004, the issues which need clarification. [5280/04]

Area Development Management Limited has been appointed by my Department to carry out the day to day administration of the equal opportunities child care programme 2000-2006. This entails, inter alia, overseeing the contractual arrangements necessary for each grant approval and ensuring that the project promoters are adhering to the criteria of the programme. ADM Limited is currently in dialogue with the project promoter to resolve the issues under discussion. I do not consider that it is appropriate for me to comment further on the application at this time.

Citizenship Applications.

Dan Boyle

Question:

281 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the status of a citizenship application (details supplied). [5348/04]

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 16 September 2002. The average processing time of applications for naturalisation is currently approximately 15 to 18 months. I understand that the processing of the application of the individual concerned is almost finalised and that it should be referred to me for a decision in the near future. As soon as I have reached a decision on the matter, I will inform both the applicant and the Deputy of the outcome.

Juvenile Offenders.

Róisín Shortall

Question:

282 Ms Shortall asked the Minister for Justice, Equality and Law Reform the number of cases referred to the Garda national juvenile office in 2003 and to give an analysis of the outcome in respect of the numbers where no further action was recommended, where cases were referred to the JLO services, and where cases were recommended for prosecution; and if he will make a statement on the matter. [5351/04]

I have had inquiries made with the Garda authorities with regard to the number of cases referred to the Garda national juvenile office. The information sought by the Deputy is outlined in the following tables. The Deputy should note that the figures for 2003 are provisional and subject to a validation process.

Table 1

Juvenile diversion programme referrals 2001-03:

2001

2002

2003

Total number of referrals

19,080

20,647

19,915

Recommended for prosecution

4,275

4,942

4,093

Recommended for caution

8,058

8,441

8,808

No further action

1,076

1,154

1,017

Pending

5,671

6,110

5,997

Table 2

Juvenile diversion programme. Number of individuals referred:

2001

2002

2003

Total number of referrals

16,487

17,493

17,050

Recommended for prosecution

3,028

3,307

2,857

Recommended for caution

7,429

7,655

7,957

No further action

1,010

1,092

979

Pending

5,020

5,439

5,257

Róisín Shortall

Question:

283 Ms Shortall asked the Minister for Justice, Equality and Law Reform if he will make a statement on the adequacy of existing services to deal with juvenile crime. [5352/04]

For the purpose of this question, a juvenile is taken to be a person under 18 years of age. Statutory responsibility for the provision of spaces for young offenders under the age of 16 years lies with the Minister for Education and Science. I have statutory responsibility for the provision of spaces for persons of 16 years of age and over.

There is a wide range of non-custodial options, including probation, deferment of sentence under supervision and community service orders for young persons who have pleaded guilty to an offence in court. At any one time there are approximately 600 young persons serving various types of sentence in the community. In addition, there are 25 residential places, funded by the probation and welfare service, for offenders aged under 18 years. There is also a range of non-custodial placements-projects available for this age group.

The Children Act 2001 introduces a wide range of innovative measures which will provide a statutory framework for the future development of the juvenile justice system in accordance with modern thinking and best international practice. The Act also amends the Child Care Act 1991 by providing for the detention in special care units of non-offending children with challenging behaviour, establishes the Special Residential Services Board to ensure the efficient and co-ordinated delivery of services to young children in detention, and re-enacts and updates provisions in the Children Act 1908 protecting children from abuse by persons who have the custody, charge or care of them. The Act is complex and comprehensive legislation and for this reason provisions under the Act are being implemented on a phased basis, as was envisaged at the time of enactment.

Responsibility for implementing the Children Act 2001 lies with the Departments of Justice, Equality and Law Reform and Education and Science in respect of juvenile offending, and the Department of Health and Children in respect of children who are non-offending but out of control. The National Children's Office is co-ordinating the cross-departmental aspects of the implementation of the Act.

It is an underlying concept of the Children Act to expand the options a court will have at its disposal when deciding on how to deal with a young offender. These options are an essential feature of the Act as they will allow effect to be given to the principle that detention for young offenders will be a last resort. Thus, the Act generally envisages committals to custody of young offenders being availed of only in circumstances where other alternative diversions and community based options have been resorted to and have failed.

The successful implementation of the community based options in the Act will require a significant input from the probation and welfare service. In this context, the probation and welfare service, as part of its planning for implementation of the Children Act 2001, engaged trainers from the Department of Child, Youth and Family, New Zealand, for the intensive training of all professional staff as facilitators for family conferences to be convened and managed in accordance with the requirements of the Act, as well as providing day seminars for all probation and welfare officers. The service will provide ongoing training through its staff development unit as required.

From September 2003 to date, 14 additional permanent probation and welfare officers and three temporary probation and welfare officers have taken up duty and a response to other offers of appointment is awaited. It is the intention that, subject to an adequate number of staff being recruited, community sanctions provided for in the Act will commence to be implemented in 2004.

Under the Children Act, I, as Minister for Justice, Equality and Law Reform, will be obliged to provide separate detention facilities for 16 and 17 year old boys and girls who are committed to custody by the courts either on remand or under sentence. The provision of appropriate custodial facilities is a priority for the Irish Prison Service. The primary objective of these detention centres will be to provide a secure but supportive environment in which young offenders can develop the personal and social skills necessary to avoid future offending.

In line with this, a new facility for male juveniles in this age group will open at St. Patrick's Institution in the near future. This unit, which was designed by a multi-disciplinary team, will include a custom designed facility for the delivery of education, recreation, medical and therapeutic services. The longer-term provision of a dedicated facility on a greenfield site for 110 juveniles — 90 male and 20 female — is also being considered. Having considered a report by the Commissioners of Public Works and the recommendations made and having conferred with the director general of the Irish Prison Service, I decided some time ago that the proposed development of such a facility at Newlands Villa, Naas Road, Clondalkin, Dublin 22, will not now proceed. The identification of another site for the proposed juvenile detention facility is now being pursued in consultation with the director general of the Irish Prison Service and the Office of Public Works.

The most significant criminal justice interventions directed at diverting young people away from crime and anti-social behaviour are the Garda juvenile diversion programme and youth diversion projects. In stating this, I understand by diversion is meant the process of preventing young people from entering the formal criminal justice system in the first place. If and when criminal prosecution and conviction occur, many interventions designed to prevent re-offending are available, particularly those provided by the probation and welfare service.

I understand from the Garda authorities that the policy of the Garda Síochána in relation to dealing with juveniles who offend is to consider the offender for inclusion in the Garda juvenile diversion programme. This programme provides that, in certain circumstances, a juvenile under 18 years of age who freely accepts responsibility for a criminal incident may be cautioned as an alternative to prosecution. The Children Act 2001 placed this programme on a statutory footing and the relevant sections of the Act were commenced in May 2002.

The programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. In the more serious cases, juveniles are placed under the supervision of Garda juvenile liaison officers, who are specially trained members of the Garda Síochána responsible for administering the programme at the local level. I am informed by the Garda authorities that in the year 2003, the Garda national juvenile office received 19,915 referrals under the programme relating to 17,050 individual offenders. The Deputy should note that these figures are provisional and are subject to a validation process. The programme is delivered throughout the country by 85 gardaí and eight sergeant juvenile liaison officers who are employed full-time working with juvenile offenders.

Part 4 of the Children Act 2001 introduced the concepts of restorative justice, specifically restorative cautioning and restorative conferencing, to the juvenile diversion programme. Essentially, these provisions provide for the inclusion, where appropriate and possible, of the victim, the juvenile's family and the wider stakeholding community in the process of diversion. To facilitate these innovative developments, most of the Garda juvenile liaison officers have now received training in mediation skills, with advanced training being provided to selected officers. Since the commencement of the relevant part of the Children Act 2002 and up to the end of September 2003, almost 100 restorative justice events have been held. Early assessments indicate a very high level of satisfaction from all those involved in theprocess.

Ongoing evaluation of restorative justice practice is being carried out by the Garda research unit. It is intended that as Garda juvenile liaison officers become more skilled in administering restorative justice, they will be able to focus on the more complex and high risk offenders, with a view to further reducing the incidence of recidivism.

To ensure the effective operation of the Garda juvenile diversion programme in accordance with section 44 of the Act, a committee to monitor the effectiveness of the programme, review all aspects of its operation and monitor the ongoing training needs of facilitators involved in restorative conferencing was established in June 2003.

In addition to the Garda juvenile diversion programme, a total of 64 Garda youth diversion projects are in place. These projects are a community based, multi-agency crime prevention initiative which seeks to divert young persons from becoming involved, or further involved, in anti-social and-or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects. By doing so, the projects also contribute to improving the quality of life within communities and enhancing Garda-community relations.

On the basis of commissioned evaluations of the Garda youth diversion projects, my Department, in conjunction with the Garda Síochána and other key stakeholders, commissioned the centre for social and educational research at the Dublin Institute of Technology to prepare comprehensive guidelines for the establishment, operation, management and administration of projects. It is anticipated that these guidelines will act as a benchmark against which applications for new projects will be assessed and against which existing projects will be evaluated on an ongoing basis. The guidelines were officially launched at the Garda youth diversion projects annual conference in May 2003.

As the Deputy may be aware, recent years have seen a dramatic increase in the number of these projects, from 12 in 1997 to 64 at present, a process made possible, in part, by funding under the National Development Plan 2000-2006. The locations of the new projects were decided on according to local needs by the Garda authorities in conjunction with my Department. Funding of €5.318 million has been allocated to these and related projects in the current year.

In summary, the Garda authorities and I remain strongly committed to the principle and practice of diversion in the criminal justice system, a commitment warranted by consistent findings of national and international criminological research. Although the Garda juvenile diversion programme and the Garda youth diversion projects are not appropriate for all juveniles or in all circumstances, they nevertheless provide an important intervention in the lives of those juveniles who have taken a wrong turning in the process of maturing into young adults. Moreover, research indicates that of all those formally diverted from prosecution, some 88% do not come to the attention ofthe Garda Síochána again by their 18thbirthday.

Child Care Services.

Róisín Shortall

Question:

284 Ms Shortall asked the Minister for Justice, Equality and Law Reform if he will give details of the operation of the equal opportunities child care programme; the total funding for this programme; the amount allocated to date; the cost of all funding applications which are outstanding; the reason for the review which is under way; when this review will be completed; and if he will make a statement on the matter. [5353/04]

Child care was identified as an investment priority under the National Development Plan 2000-06. An important aspect of the national development plan is the inclusion of two regional operational programmes. The common aim of these regional programmes is the achievement of more balanced regional development. In this context, the principle sources of funding for child care over the period of the national development plan are the two regional programmes.

The total amount of funding allocated to my Department for child care purposes over the seven year period of the national development plan is €437 million. Of this amount, €317 million comes under the regional operational programmes. At this stage of the programme, approximately €250 million has been committed in funding, of which €206 million has been allocated in capital and staffing grants to child care providers and community groups and €43 million to quality improvement.

When determining the level of funding which might be allocated to a particular group a number of factors are taken into consideration by my Department. The five principal factors taken into consideration are: the socio-economic and demographic profile of the area; the quality of the proposal; the capacity of the applicant to implement the project; the level of integration-co-ordination; and costings and value formoney.

The total value of the applications presently on hand in my Department is €217 million. This figure is unlikely to be the total value of the funding which will ultimately be allocated to these projects as the amount of funding requested by the applicants rarely matches the amount of funding which a project is allocated following the appraisal of the application. However, it is fair to say that a significant part of the remaining funding will be used to meet the ongoing costs of supporting child care services in disadvantaged areas.

During 2003 a mid-term evaluation of each of the regional operational programmes was carried out in partnership between the European Commission, the managing authorities and the implementing bodies as required under EU structural fund regulations. The purpose of these evaluations was to gauge the effectiveness of the programmes and to assess their impact in terms of meeting their core objectives. In general, the social inclusion and child care priorities of both regional programmes were thought to have been well designed and had impacted positively in deprived areas and on young people.

An important aim of the mid-term evaluation is to provide a suitable framework for making informed decisions about setting priorities for the second phase of the regional programmes and for making any adjustments, such as changes to the community support framework, which might have become necessary. This post-evaluation review, which involves all the parties concerned with funding, managing and implementing the regional programmes, will look at all aspects of the programmes but, in particular, the effectiveness, progress and continued relevance of the priorities and measures, including the child care measures, making up both programmes.

While both post-evaluation reviews are ongoing, it is expected that some new proposals will be brought to the spring monitoring committee meetings of the regions concerned. It is still too early to say how this process might impact on the equal opportunities child care programme. However, it is clear that there has been considerable demand from community based groups for capital assistance under the programme and every county has benefited from significant grant commitments to provide new and enhanced community based child care facilities.

In the context of the post-evaluation review and in the interests of effective management of the programme, my Department is currently carrying out an extensive review of the programme's capital commitments to date to ensure that those grant commitments previously entered into will in fact be realised by the groups on the ground. At the same time, it is also reviewing the different budget lines under the programme to ensure that the most effective use is made of all the remaining fundingin accordance with the objectives of the programme.

Irish Prison Service.

Brendan Smith

Question:

285 Mr. B. Smith asked the Minister for Justice, Equality and Law Reform the progress to date in the ongoing talks between his Department, the Irish Prison Service and the Irish Prison Officers' Association on the future management of some places of detention; if every effort will be made to retain Loughan House under the management of the Irish PrisonService as it is the most cost-effective prison; and if he will make a statement on the matter. [5354/04]

The Deputy will be aware that the future management of the open centres at Shelton Abbey, County Wicklow, and Loughan House, County Cavan, was the subject of a Government decision on 11 November 2003. That decision approved a series of measures to be taken on a rolling basis with effect from 1 January 2004 in the event of failure to reach agreement with the Prison Officers' Association on a change agenda aimed at eliminating overtime payments and reducing other costs in the Irish Prison Service. These measures included the mothballing of the Curragh Place of Detention and Fort Mitchel Place of Detention and the transformation of the open centres at Loughan House and Shelton Abbey into independently managed post-release centres for the re-integration into society of prisoners on strict terms of temporary release similar to theexisting arrangements for prisoners at both centres.

The reasons for the Government decision have been well aired in the House and in the Seanad. I refer the Deputy to the Adjournment debates in the House on 12, 18 and 27 November 2003 and to an Adjournment debate in the Seanad on 19 November 2003. In the course of those debates, I made it clear that the Irish Prison Service could not continue to spend public money to feed an overtime culture, which was virtually out of control, while sustaining outdated and inefficient work practices. I also made it clear that I had no desire to close or mothball prisons and that my preference was for a mutually advantageous agreement with the Prison Officers' Association which would ensure an efficient and cost effective prison service into the future. My position has not changed in that regard.

As regards the progress of discussions between the Irish Prison Service and the Prison Officers' Association, the Deputy will be aware that those discussions were taking place at the Labour Relations Commission with the assistance of a facilitator and that an impasse was reached between the parties during the past month. Talks were adjourned on 30 January 2004 to allow both sides time to reflect on how the difficulty might be overcome. I am happy that discussions at the Labour Relations Commission resumed on 16 February 2004 and will reconvene on 20 February 2004. The Deputy will appreciate that it would be inappropriate for me to comment on the progress of those discussions.

As regards the future of Loughan House and Shelton Abbey, I have indicated on numerous occasions that my preference is for these open centres to continue to be operated by the prison service and staffed by prison officers. I am hopeful that an agreement can be reached with the Prison Officers' Association on a mutually acceptable way forward. However, there will be no option but to proceed with the transfer of these centres to new management in the event that agreement is not reached.

Martin Ferris

Question:

286 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government if he will make available the necessary funding for the renovation of the Magazine Fort in the Phoenix Park to be transformed into a museum and interpretative centre, as has been approved by Dublin City Council. [5130/04]

My Department has no proposal at present to support a major improvement project at the Magazine Fort.

Simon Coveney

Question:

287 Mr. Coveney asked the Minister for the Environment, Heritage and Local Government if the Government has plans to introduce legislation outlawing the practice of developers requiring staged payments from property buyers, which results in developers being paid substantial sums of money before building efforts are completed and ownership is transferred. [5181/04]

The Office of the Director of Consumer Affairs, ODCA, took a case to the High Court in 2001 under the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995, and with the support of my Department. The subsequent High Court Order (December 2001) prohibited the use of 15 "unfair" terms in house building contracts and also prohibited stage payments in house building contracts, which exceed the percentages stipulated in the Irish Home Builders Association (IHBA) code of practice or which exceed "the extent and value of works carried out at the date specified for the payment in question".

The IHBA code of practice stipulates that in the case of a purchaser who obtains the title to the site prior to the completion of the transaction, three distinct stage payments may be required, namely at joist level (i.e. 25%); at roof level (i.e. 25%); and at internal plastering stage (i.e. 25%), in addition to a booking deposit (4%); contract deposit (11%); and completion payment (10%). Site costs are the subject of a separate contract. The IHBA code of practice may be accessed on the Construction Industry Federation website at www.cif.ie.

My Department plans to engage with the Office of the Director of Consumer Affairs during 2004 to consider a range of consumer issues related to housing including stage payments.

Breeda Moynihan-Cronin

Question:

288 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the proposals he has to facilitate the visually impaired in the new electronic voting system; and if he will make a statement on the matter. [5128/04]

Since its first use in 2002, a number of improvements have been made to the voting machine to improve its user friendliness for the visually impaired. These include an increase in the size and legibility of candidate details; the use of larger preference numbers and brighter displays for better visibility and the use of a redesigned "Cast Vote" button. The system suppliers have undertaken initial work on developing a prototype facility to allow visually impaired voters to use the machine unaided and the Department will examine their proposals carefully when they have been received. As with the manual system, a voter with a visual impairment using the electronic voting machine may avail of the companion voting facility or may be assisted by the presidingofficer.

Seán Crowe

Question:

289 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government the number of housing starts per local authority area allocated and completed between 2002 and 2003. [5173/04]

Since 2000 local authorities have operated their housing construction programmes on the basis of a four year allocation of house starts for the period 2000-2003. This replaced the system of annual house start allocations in operation prior to 2000. Information on the number of authorised starts allocated to each local authority under the multi-annual programme is set out in the following table.

Information on the number of completions for each local authority for 2002 is published in my Department's Annual Housing Statistics Bulletin for 2002, copies of which are available in the Oireachtas Library. Information on the number of completions for 2003 will be available in the Annual Housing Statistics Bulletin for 2003 which will be published shortly.

Local Authority Multi-Annual Housing Programme 2000-2003

Local Authority

Total Authorised

Starts 2000-2003

Carlow Co. Council

235

Carlow TC

138

Cavan Co. Council

.330

Cavan TC

138

Clare Co. Council

310

Ennis TC

100

Kilrush TC

40

Cork City Council

1,000

Cork (North) Co. Council

390

Fermoy TC

40

Macroom TC

70

Mallow TC

100

Cork (South) Co. Council

550

Kinsale TC

50

Midleton TC

70

Youghal TC

80

Cork (West) Co. Council

310

Clonakilty TC

60

Cobh TC

70

Skibbereen TC

70

Donegal Co. Council

1,040

Buncrana TC

60

Bundoran TC

60

Letterkenny TC

170

Dublin City Council

2,650

Dún Laoghaire-Rathdown Co. Council

900

Fingal Co. Council

1,400

Galway City Council

540

Galway Co. Council

598

Ballinasloe TC

60

Kerry Co. Council

550

Killarney TC

75

Listowel TC

45

Tralee TC

200

Kildare Co. Council

760

Athy TC

70

Naas TC

120

Kilkenny Co. Council

260

Kilkenny BC

70

Laois Co. Council

350

Leitrim Co. Council

260

Limerick City Council

440

Limerick Co. Council

580

Longford Co. Council

250

Longford TC

120

Louth Co. Council

240

Drogheda BC

285

Dundalk TC

285

Mayo Co. Council.

530

Ballina TC

530

Castlebar TC

30

Westport TC

30

Meath Co. Council

530

Kells TC

50

Navan TC

100

Trim TC

30

Monaghan Co. Council

258

Carrickmacross TC

20

Castleblayney TC

12

Clones TC

20

Monaghan TC

60

Offaly Co. Council

270

Birr TC

60

Tullamore TC

110

Roscommon Co. Council

360

Sligo Co. Council

240

Sligo BC

250

South Dublin Co. Council

1,420

North Tipperary Co. Council

196

Nenagh TC

40

Templemore TC

16

Thurles TC

64

South Tipperary Co. Council

300

Carrick-on-Suir TC

58

Cashel TC

26

Clonmel BC

100

Tipperary TC

38

Waterford City CL

560

Waterford Co. Council

248

Dungarvan TC

110

Westmeath Co. Council

258

Athlone TC

100

Wexford Co. Council

520

Enniscorthy TC

100

New Ross TC

140

Wexford BC

190

Wicklow Co. Council

520

Arklow TC

100

Bray TC

250

Wicklow TC

100

Seán Crowe

Question:

290 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government the number of housing accommodation starts for travellers per local authority allocated and completed between 2002 and 2003. [5174/04]

All local authorities required to do so have prepared and adopted five year Traveller accommodation programmes in accordance with the Housing (Traveller Accommodation) Act 1998. Under their programmes, local authorities provide new Traveller accommodation including Traveller specific accommodation units as well as refurbishing existing accommodation to modern standards. Local authorities are not allocated a specific number of starts for Traveller specific accommodation each year.

The following table shows the accommodation provided in 2002 and 2003. Figures shown in this table include Traveller specific accommodation as well as standard local authority accommodation provided for Traveller families. In addition a further 178 units of accommodation were refurbished in this period.

New Units of Accommodation provided in 2002-2003

Local Authority

Number of Units

Carlow Co. Council

31

Cavan Co. Council

6

Clare Co. Council

21

Cork Co. Council

5

Donegal Co. Council

34

Dún Laoghaire/Rathdown Co. Council

21

Fingal Co. Council

39

Galway Co. Council

24

Kerry Co. Council

20

Kildare Co. Council

11

Kilkenny Co. Council

8

Laois Co. Council

16

Leitrim Co. Council

0

Limerick Co. Council

16

Longford Co. Council

19

Louth Co. Council

19

Mayo Co. Council

17

Meath Co. Council

15

Monaghan Co. Council

6

Offaly Co. Council

6

Roscommon Co. Council

3

Sligo Co. Council

6

South Dublin Co. Council

72

North Tipperary Co. Council

6

South Tipperary Co. Council

4

Waterford Co. Council

8

Westmeath Co. Council

31

Wexford Co. Council

31

Wicklow Co. Council

22

Cork City Council

14

Dublin City Council

35

Galway City Council

18

Limerick City Council

0

Waterford City Council

15

TOTALS

599

Jan O'Sullivan

Question:

291 Ms O'Sullivan asked the Minister for the Environment, Heritage and Local Government if a Department of Justice asylum seekers identity card will be accepted as valid ID for the identification of a person on the voters register in polling booths for the forthcoming local elections; and if he will make a statement on the matter. [5289/04]

Under electoral law a presiding officer may of his or her own volition, or if so required by a personation agent, request any person applying for a ballot paper to satisfy him or her as to their identity by producing any one of a number of identity documents as specified in the Electoral Regulations 2002. While the identity card referred to is not at present among the documents specified, my Department will consult with the Department of Justice, Equality and Law Reform on this issue.

Trevor Sargent

Question:

292 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government his views regarding boundary changes made under the Local Government Act 1994 and associated regulations. [5361/04]

The changes made in 1994, which have effect for local electoral purposes only, were made following agreement by the local elected councils concerned. However since the introduction in 1996 of a modern boundary alteration code (under the Local Government Act 1991), it has been open to a local authority, as a reserved function, to initiate a boundary alteration proposal to have effect for all purposes. Such an alteration would supersede any electoral boundary changes made in 1994. A number of applications for local authority boundary alterations, to have effect for all purposes, have been made and implemented in recent years.

The relevant provisions of the 1991 Act will, as part of the consolidation of local government law being effected under the Local Government Act 2001, be repealed and replaced. Under the 2001 Act provisions an independent Local Government Commission will recommend as to local authority boundary alteration: or it may as an alternative in a particular case recommend the introduction of revised arrangements for service delivery in the area concerned. The commission will be able to act on foot of an application by a local authority (a decision of the elected members) or at the request of the Minister. It is intended that the provisions of the 2001 Act will be commenced in the coming months, as part of an ongoing programme to complete its full implementation.

Question No. 293 withdrawn.

Seán Crowe

Question:

294 Mr. Crowe asked the Minister for Social and Family Affairs the areas of policy or practice not in full agreement regarding local authorities distributing rent allowance. [5170/04]

Discussions have been underway for some time in relation to putting in place arrangements, to be operated by the local authorities, to meet the housing needs of people who would otherwise have to rely on a long-term basis on rent supplements paid under the supplementary welfare allowance scheme.

The objective is that local authorities should have available a comprehensive range of options to meet long-term housing needs and that applicants for State supports in relation to housing needs should have their housing needs assessed by a single authority which is in a position to select the best response in light of their particular needs and all the available options.

Arising from these discussions, an action plan is now being finalised. The action plan will include criteria for determining which categories of rent supplement recipient will be eligible to participate in the new arrangements, an implementation timescale, financing and other matters.

While there is full agreement that people with long-term housing needs require a housing response rather than a social welfare payment, and considerable progress has been made in developing practical proposals in that regard, all of the details of how and when the new arrangements will be implemented in practice have not yet been finalised. Discussions between my Department and the Department of the Environment, Heritage and Local Government in that regard are continuing and I expect to be in a position to seek final Government approval for the action plan in the near future.

Simon Coveney

Question:

295 Mr. Coveney asked the Minister for Social and Family Affairs the compensation package available at present to former miners who are suffering from health complications, primarily of a respiratory nature as a result of their former employment conditions; and if the levels of compensation or monetary support available to the aforementioned individuals are to be increased accordingly in line with inflation and the increasing cost of health care. [5185/04]

Employment under a contract of service as a miner is insurable for occupational injuries benefit under the Social Welfare Acts. A person who is unable to work due to an incapacity arising from his-her employment may be entitled to occupational injury benefit for the first 26 weeks of their claim. If their incapacity extends beyond that period they may receive disability benefit subject to meeting the qualifying conditions for that payment.

A person may be entitled to disablement benefit under the occupational injuries scheme if they suffer a loss of physical or mental faculty as a result of an accident at work or a disease prescribed in legislation that they contracted at work. The degree of disablement is calculated by comparison of the state of health of the applicant with a person of the same age and gender. The degree of disablement is expressed as a percentage, loss of faculty and the compensation payable varies accordingly.

Where a person has contracted one of the diseases listed in the legislation, benefits are payable only if they were employed in an occupation which is specifically prescribed in relation to that disease due to the nature of that employment. The legislation describes, in relation to each of the listed diseases, the occupations where in normal circumstances there would be a reasonable presumption that the disease was work related. Medical assessments are undertaken in all such cases to determine the degree of disablement and the rate of benefit payable is based on this.

A number of former miners have sought disablement benefit payments. Miners who contracted pneumoconiosis are entitled to occupational injury benefit and may also receive disablement benefit. Chronic Obstructive Pulmonary Disease (COPD) is not a recognised disease for this scheme. However, any award of disablement benefit will reflect the presence of COPD.

Where a person has qualified for occupational injuries benefits, the rate of benefit payable increases on an annual basis in line with the normal social welfare budget increases. In addition, where a person feels that his/her occupational injury has deteriorated since the assessment was made under the scheme, it is open to that person to apply for a review of the percentage calculated. If it is successfully demonstrated that this is the case, the disablement percentage assessed will be raised and the pension payable will consequently increase.

Where a disablement pensioner is incapable of work as a result of their occupational accident/disease and does not qualify for any other social welfare payment an income support payment, unemployability supplement, is paid as an increase to the disablement pension.

Additionally, where a disablement pensioner is in need of care a constant attendance allowance can be paid weekly as an increase to a disablement pension. This is payable to persons who are so seriously disabled as to need someone to help them daily at home to attend to their personal needs for a period of at least six months. The award of the allowance is based on the recommendation of the Department's medical advisor. To qualify for this payment the person must be in receipt of a disablement pension of 50% or over.

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