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Dáil Éireann debate -
Tuesday, 6 Apr 2004

Vol. 583 No. 3

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 46, inclusive, answered orally.
Questions Nos. 47 to 136, inclusive, resubmitted.
Questions Nos. 137 to 143, inclusive, answered orally.

Tourism Promotion.

Willie Penrose

Question:

144 Mr. Penrose asked the Minister for Arts, Sport and Tourism his views on the workings of the institutions created to promote tourism under the Good Friday Agreement; the benefits that have accrued to arts and tourism under these institutions; and if he will make a statement on the matter. [10639/04]

The development of tourism on an all-island basis is one of the great success stories of the northern peace process, particularly the contribution it has made to the enviable performance of the tourism sector on the island of Ireland relative to our international competitors.

Yesterday evening a very successful international event took place in Belfast to showcase all-island tourism. Over 30 international policy-makers from over 25 countries participated at the event, which was part of our centrepiece Presidency Conference on Tourism, which took place in Dublin. The reaction from this international audience was extremely positive and confirmed my own belief as to the merits of this ambitious initiative.

Tourism is a cornerstone of economic growth, employment generation and regional development on the island of Ireland. In the South, the sector is now a €5 billion industry providing 12% of employment and representing 4.4% of GNP. Over the same period, visitor numbers to Ireland grew by an average of 7% compared to a world average of 4% up to 2000. While this trend stalled somewhat over the past three years, the most recent figures for 2003 show positive signs of recovery with a return to 5% growth in overseas visitor numbers.

For Northern Ireland, the story has been similar in many ways, particularly in terms of its appeal as a tourism destination and the significant investment from public and private sources in the development of a quality tourism product. It is also evident, however, that its international perception as a tourism destination was being impeded by the negative images being broadcast around the world as a result of the conflict between the two communities. This impediment was lifted through the peace process and the Good Friday Agreement, which was concluded almost six years ago to the day.

While co-operation in many forms was already under way in the tourism sector, the Good Friday Agreement gave a vital impetus to both Administrations and the sector as a whole to work even closer together. A key synergy was, and remains, the presentation of an integrated and cohesive image and message internationally in regard to the island of Ireland as a tourism destination. It was in this context that Tourism Ireland was formed as an all-island international marketing company, with its staff, expertise and intellectual property drawn primarily from the two tourist boards.

Tourism Ireland's mandate is to grow overseas tourism business to the island of Ireland and support Northern Ireland to realise its tourism potential. In that context, it is responsible for overseas destination marketing of the island of Ireland. In delivering on this mandate, it works very closely with Fáilte Ireland, the Northern Ireland Tourist Board and the tourism industry on the island and overseas. In its first two years in existence, Tourism Ireland has succeeded in becoming a serious player in a very competitive international marketplace.

North-South co-operation on tourism matters now operates at many levels. At policy level, myself and my northern counterpart oversee and approve objectives, strategy and resources for Tourism Ireland. This co-operation cascades through both public sectors through the active liaison and co-operation of both sponsor Departments on a range of issues and through the co-operation and liaison of the three bodies — Tourism Ireland, Fáilte Ireland and Northern Ireland Tourist Board. This co-operation is mirrored in the private sector, at one level through the industry representation on the board of Tourism Ireland but also through the close working relationship of the Irish Tourist Industry Confederation and the Northern Ireland Tourist Industry Confederation.

Despite the unfavourable market conditions for tourism internationally over recent years, overseas tourism to the island of Ireland has performed remarkably well, increasing by 2.4% in 2002 and by an estimated 5% in 2003 to an estimated 7.4 million overseas visits. The year 2003 proved to be a particularly good one for Northern Ireland with visitor numbers estimated to have increased by in excess of 11%.

The development of a cohesive and well-targeted message in regard to the appeal of the island of Ireland as a quality tourist destination has been a key factor in delivering this performance. In the design and roll-out of their marketing programmes, further opportunities for co-operation and cohesive action are emerging which can optimise the clear synergies which exist between the various stakeholders in this vital sector of both the Northern Ireland and southern economies.

A particular challenge in the immediate future will be to bed down the new structures and ensure clarity of focus and responsibility for each of the bodies concerned. Regardless of the political context for such co-operation, in the final analysis, this project will stand or fall on the basis of its capacity to deliver dividends to its stakeholders, particularly the tourism industry, in both jurisdictions.

On that score, Tourism Ireland has proven a real and tangible success to date and I am confident that, working with the industry and the tourist boards, it will go from strength to strength.

Question No. 145 answered with QuestionNo. 142.

Concert Cancellation.

Paul Nicholas Gogarty

Question:

146 Mr. Gogarty asked the Minister for Arts, Sport and Tourism the reason for the cancellation of a major concert on 1 May 2004 to celebrate the enlargement of the European Union; and if he will make a statement on the matter. [10609/04]

Dan Boyle

Question:

147 Mr. Boyle asked the Minister for Arts, Sport and Tourism the alternative celebration which is being put in place for 1 May 2004 following the cancellation of the major concert; and if he will make a statement on the matter. [10606/04]

Jack Wall

Question:

169 Mr. Wall asked the Minister for Arts, Sport and Tourism the reason the proposed Beautiful Night concert involving Irish and international musicians, which was to be held in O’Connell Street, Dublin, on 1 May 2004, has been cancelled; the alternative being planned; and if he will make a statement on the matter. [10643/04]

I propose to take Questions Nos. 146, 147 and 169 together.

RTE, in partnership with the BBC, has been working on the broadcasting project entitled "A Beautiful Night" for many months. This event was designed to be "one concert with two stages", with public performances outside City Hall in Belfast and on O'Connell Street in Dublin. It was RTE's intention that the concert would be broadcast live from Belfast and Dublin and made available through the EBU network to broadcasters and their audiences throughout the enlarged European Union.

The two broadcasters who were responsible for the organisation of this concert made a joint application to Dublin City Council for a licence to hold the concert in O'Connell Street. However, recently it became apparent to the broadcasters that there would be serious difficulties surrounding the traffic restrictions that would have to be imposed to allow the stage to be built in O'Connell Street in time to allow full safety and sound checks, rehearsals, etc., to take place. Dublin City Council was not in a position to facilitate the broadcasters in this context, given that partial road restrictions would have been required for up to nine days in advance of the event.

I understand that the broadcasters were also advised of other restrictions that would have been imposed. These disruptions could have serious impact on travel and trade over the bank holiday weekend. Accordingly, the two broadcasters decided that, taking account of all the circumstances applying, it is not feasible to proceed with the event in Dublin. I appreciate the reasons it was not possible to proceed.

The staging of an alternative television event on 1 May is a matter for RTE. However, the series of events being organised by my Department around the country to celebrate the accession of the ten new member states will go ahead as planned. These include "Vectorial Elevations", one of the most unique and the world's largest on-line artworks, a fireworks extravaganza, a European fair in Merrion Square and the national "Day of Welcomes" involving ten Irish towns and cities each of which will specially welcome a particular accession state.

National Concert Hall.

Olivia Mitchell

Question:

148 Ms O. Mitchell asked the Minister for Arts, Sport and Tourism if the authorities of UCD have been approached regarding the provision of additional space to extend the National Concert Hall at Earlsfort Terrace; and if he will make a statement on the matter. [10624/04]

I refer the Deputy to my reply to Question No. 121 of 25 February 2004.

Film Industry Development.

David Stanton

Question:

149 Mr. Stanton asked the Minister for Arts, Sport and Tourism the support available for and his views on the state of the Irish film industry; and if he will make a statement on the matter. [10622/04]

There is no doubting the economic importance of film, of the fact that film employs many people, and attracts inward investment in the form of international production finance. All of these things are very important and bring great benefits. Additionally, from my perspective as Minister with responsibility for the arts, film is much more than that. The primary motivation for our support of film is that film is worth having as part of our culture, as a unique medium for the expression of our Irish perspective, for its own sake.

The Irish Film Board, funded by my Department but independent of it, is responsible on a day-to-day basis for promoting the Irish film sector. The board operates a multilayered approach, often giving film makers and script writers their first access to the business, but also seeking to advance and assist the work of more established professionals.

Among the board's objectives going forward are: to strengthen project development and production, both artistic and commercial; to develop dynamic and financially strong production companies; to raise and enhance the profile of the Irish film industry, both nationally and internationally; and to position the indigenous industry at the forefront of new technologies. I am glad I was able to secure an increase in funding for the board of over 9% for 2004, which will make a real difference to the its capacity to serve and assist the industry.

The other major strand of State support for film is through the section 481 scheme for investment in film production. This relief has now been extended to 2008, with the amount that may be raised increasing to €15 million from 2005 and is particularly important for our capacity to attract international productions to Ireland, and these productions, particularly the bigger productions, bring real economic benefits to Ireland, as well as giving our personnel the chance to develop their skills and their careers.

National Conference Centre.

Liz McManus

Question:

150 Ms McManus asked the Minister for Arts, Sport and Tourism the position with regard to the provision of a national conference centre; when, in the autumn, he expects the Government to be in a position to secure a final decision; and if he will make a statement on the matter. [10637/04]

The Office of Public Works received four submissions for the provision of a national conference centre following its advertisement for expressions of interest on 11 November 2003.

Those submissions are currently undergoing detailed evaluation by an assessment panel representative of my Department, the Office of Public Works and its advisers, the Department of Finance, Fáilte Ireland and the National Development Finance Agency. A separate panel will subsequently evaluate the site proposals that candidates were also asked to put forward, following which the next stage of the process will be initiated. While it is anticipated that a final decision from Government will be secured in the autumn, I cannot at this stage be any more precise as to the expected timeframe.

Subject to the acceptability of proposals, the national conference centre could, as envisaged in the expressions of interest Notice, be constructed before the end of 2007.

Swimming Pool Projects.

Paul Nicholas Gogarty

Question:

151 Mr. Gogarty asked the Minister for Arts, Sport and Tourism, further to Question No. 112 of 25 February 2004, the evidence which exists to show that the scale of investment in a swimming pool project is not sufficiently large to support a formal public private partnership; and the other options available to local authorities wishing to develop swimming pool projects, partially funded from the local authority swimming pool programme. [10602/04]

As I indicated in my response of 25 February 2004, reference 6106/04, an expenditure review of the local authority swimming pool programme, LASPP, is currently under way and is due to be completed by the middle of this year. The position in regard to private sector involvement in the programme is being considered in the context of that review. As part of the review process, the work of the interdepartmental working group, which was set up in 1999 to advise on the key issues in regard to the operation of a public private partnership, PPP, approach in regard to swimming pools, will be taken into account. The experience of local authorities, national legislative and policy developments in the area of PPPs will also be pertinent.

At the moment, the various arrangements and accompanying guidelines in place for PPPs are geared towards major and complex capital projects with significant ongoing maintenance requirements, that is, projects having a capital cost of €20 million or more and the advice is that the PPP model should only be used where it is appropriate and where it can deliver value for money. Conversely, it would not be appropriate where the transaction costs of pursuing a PPP are disproportionate to the value of the project. The policy framework for PPPs in the local government sector issued by the Department of the Environment, Heritage and Local Government in November last and implementing guidelines from the Department of Finance are detailed and complex in implementation terms. The scale of project costs in the LASPP are in the region of €8 million and would not be seen, therefore, as being of sufficiently high cost to justify the extra resources involved in pursuing a formal PPP approach. The Department of Finance confirmed some time ago that there were several considerations which would militate against a PPP approach in this programme and that pool projects do not strictly comply with the definition of a viable PPP in terms of scale and optimal transfer of risk to the private sector.

It is important to bear in mind that the LASPP is merely a grant scheme and it is a matter for local authorities to devise funding and operational arrangements as they see fit to complement the grant element. Experience shows that there is potential for private sector involvement in the provision and operation of local authority swimming pool facilities and many local authorities are exploring various ways of involving the private sector in their projects. From my Department's perspective, there is no objection to the involvement of the private sector provided the generally accepted operational considerations of a public pool form part of the project. These considerations would involve, for example, non-membership "pay per swim" access, concessionary rates as part of social inclusion measures, etc.

Following the completion of the expenditure review to which I referred, the possibility of a stronger private sector involvement in the provision and operation of swimming pools will become clearer.

Sports Capital Programme.

Trevor Sargent

Question:

152 Mr. Sargent asked the Minister for Arts, Sport and Tourism when the allocation of funding under the sports capital programme 2004 will be announced; the budget which will be available; and if contingency plans have been put in place to notify sporting organisations should the postal dispute continue. [10615/04]

Jim O'Keeffe

Question:

162 Mr. J. O’Keeffe asked the Minister for Arts, Sport and Tourism when allocations will be made under the sports capital programme 2004; and the basis on which such allocations will be made. [10569/04]

Ruairí Quinn

Question:

171 Mr. Quinn asked the Minister for Arts, Sport and Tourism when he will announce the capital sports grants 2004; the number of applications received per county; and if he will make a statement on the matter. [10641/04]

I propose to take Questions Nos. 152, 162 and 171 together.

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 1,304 applications were received before the closing date. The number of applications on a county basis were as follows:

Number

Carlow

16

Cavan

25

Clare

25

Cork

128

Donegal

62

Dublin

252

Galway

73

Kerry

90

Kildare

44

Kilkenny

25

Laois

25

Leitrim

27

Limerick

45

Longford

29

Louth

37

Mayo

50

Meath

32

Monaghan

26

Offaly

29

Roscommon

35

Sligo

30

Tipperary

54

Waterford

41

Westmeath

30

Wexford

41

Wicklow

33

These applications are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme which accompanied the application form.

The level of provisional grant allocations to be made under the 2004 programme will be decided having regard to the quality of the applications received this year and the pattern of grant allocations and drawdowns on foot of earlier years' approvals. I will then announce the grant allocations for the 2004 programme as soon as possible after the assessment process has been completed.

The announcement of the amounts of the provisional allocations were made in previous years through the media and on the Department's website and I intend to pursue this course again this year. In addition, the provisional grantees must be informed as soon as possible of my Department's requirements in proceeding to draw down their funding while unsuccessful applicants must be informed of the reasons for not being successful on this occasion. In previous years this was done by letter and it is hoped to do so again this year.

In the event of the usual means of communicating the results of this year's programme being affected by a continuation of the current postal dispute, my Department will consider alternative means of such communication, such as telephone and fax and electronic means such as email and my Department's website.

Safety of Tourists.

John Deasy

Question:

153 Mr. Deasy asked the Minister for Arts, Sport and Tourism his views on the number of attacks on tourists, as reported in the national media recently; and if he will make a statement on the matter. [10633/04]

I am aware that, as reported recently at the launch of its 2003 annual report, the tourist victim support service dealt with a total of 357 cases of crimes against tourists last year. This was an increase of 4% on the 344 cases reported for the previous year. I understand that the majority of the cases, 188, were in regard to theft but, regretfully, some 22 cases involved violence against tourists.

I deplore any increase in the level of crime against tourists, in particular as they are a vulnerable group away from their home country and without a network of family and friends to support them. For this reason, I applaud the work of the tourist victim support service and I am encouraged by the support and close co-operation that the service continues to receive from the Garda Síochána.

I would like to acknowledge also the role the service plays in terms of providing top quality safety information guides for tourists and was pleased to be associated with its launch last year. I wish the service every success in this its tenth anniversary year. I would urge the tourism sector, and wider commercial interests that benefit from tourism, to fully support the service in its very important work both with tourists in crisis and in safety awareness.

While any level of crime is unacceptable, it is important to have a sense of perspective. In a survey carried out last year, of cities in 215 countries, Ireland proved to be one of the safest destinations for tourists and Dublin was found to be the 18th safest city in the world.

Swimming Pool Projects.

Kathleen Lynch

Question:

154 Ms Lynch asked the Minister for Arts, Sport and Tourism the number of applications received in relation to the provision of new swimming pools and for the refurbishment of existing pools; and if he will make a statement on the matter. [10642/04]

The closing date for receipt of applications under the current round of the local authority swimming pool programme was 31 July 2000 and since then 55 applications have or are being dealt with under the programme. Of these applications, 17 are for new pools in greenfield sites, 24 for replacement pools and 14 for the refurbishment of existing pools.

Under the programme, there are four principal stages in a swimming pool project, feasibility study/preliminary report, contract documents, tender and construction. Local authorities may not proceed to the next stage of a project until prior approval issues from my Department.

Due to the long lead-time associated with such projects, it can take some time for projects to proceed through the various stages of development. Of the 55 projects, 13 swimming pool projects have been opened or have completed construction work. These are in Arklow, Courtown/Gorey, Dundalk, Ennis, Enniscorthy, Monaghan, Navan, Wicklow, Roscommon, Aquadome Tralee, Ballinasloe, Finglas in Dublin and Grove Island in Limerick. Five projects are at construction phase — the Regional Sports and Leisure Centre in Tralee, Clonmel, Tuam, Churchfield in Cork city and Ballymun in Dublin. In addition, 37 other applications are at various stages in the process, four are at tender stage, 18 are at contract document stage and 15 are at preliminary report stage.

National Stadium.

Bernard J. Durkan

Question:

155 Mr. Durkan asked the Minister for Arts, Sport and Tourism the discussions he has had with the various sporting organisations following the decision on the national stadium; if he has had further negotiations with particular reference to Abbotstown or other locations; and if he will make a statement on the matter. [10571/04]

Bernard J. Durkan

Question:

273 Mr. Durkan asked the Minister for Arts, Sport and Tourism the discussions he has had with the various sporting bodies with a view to ensuring the provision of adequate stadium space to meet the needs of all sporting bodies in the future; and if he will make a statement on the matter. [10907/04]

I propose to take Questions Nos. 155 and 273 together.

The Government decided at its meeting on 27 January 2004 to approve the provision of substantial funding towards the IRFU/FAI proposals to redevelop Lansdowne Road stadium as a 50,000 seat state-of-the-art stadium. This proposal was brought to the Government following consideration of a joint proposal by the IRFU and the FAI to meet the stadium infrastructure deficit for the playing of soccer and rugby matches. On the same day I met representatives of the IRFU, the FAI and the GAA to convey the Government's decision. The project to redevelop Lansdowne Road stadium is proceeding and no further discussions regarding other stadium sites are proposed. I am pleased to advise the Deputy that the Government has also decided to proceed with the development of a sports campus at Abbotstown.

Abbey Theatre.

Emmet Stagg

Question:

156 Mr. Stagg asked the Minister for Arts, Sport and Tourism the position regarding the redevelopment of the Abbey Theatre; and if he will make a statement on the matter. [10638/04]

On foot of Government decisions of 19 February 2002 and 29 January 2003 the Office of Public Works has carried out a preliminary assessment of the property acquisition issues arising in the context of redeveloping the national theatre at its existing location via a public private partnership, PPP.

This assessment indicates that the acquisition of property which would be essential for redevelopment at the existing location could be very costly and time-consuming. Redevelopment at the existing location would thus appear to be problematic.

I am considering, in light of this, how this development should progress, in view of the Government's commitment to provide a new home for the national theatre, and of the critical importance of this development to national cultural life.

Tourism Promotion.

Mary Upton

Question:

157 Dr. Upton asked the Minister for Arts, Sport and Tourism his views on whether the domestic tourism industry is over-reliant on visitors from Britain in view of recent statistics released by the Central Statistics Office; his further views on the weak growth in the number of visitors from Canada and the United States and other areas; his plans to promote Ireland as a tourist destination outside Britain and Europe; and if he will make a statement on the matter. [10647/04]

Bernard J. Durkan

Question:

270 Mr. Durkan asked the Minister for Arts, Sport and Tourism his expectations for the tourism industry in 2004; and if he will make a statement on the matter. [10883/04]

I propose to take Questions Nos. 157 and 270 together.

Great Britain remains a key market for Irish tourism and is of critical importance to all regions of Ireland and all sectors of the industry. This is expected to remain the position in the years ahead. Tourism Ireland is targeting further growth in various sectors of the British market, which should help to further the spread of tourism business throughout the country. Ireland's performance in this market has been impressive. Last year Ireland welcomed over 3.5 million visitors from Great Britain to our shores and these visitors spent almost €1.3 billion here.

With regard to our performance in the North American market, Ireland achieved an impressive growth rate of 6.5%, last year. During a very turbulent period for tourism internationally, Ireland has managed to out-perform many of its competitors in the US, due in large part to the concerted and co-ordinated efforts of Tourism Ireland and the tourism industry there. Access developments have also been a key driver of this strong performance. While there remains scope for further growth, 2003 marked a turning point in this market which Tourism Ireland and the industry are set to build on in 2004.

In regard to the European market, Ireland continues to perform very well. In recognising the potential for growth in visitor numbers, Europe has been targeted for continued growth. In that context, Tourism Ireland has reviewed and continues to review its operations in the key continental European countries in which it operates. Already we are seeing the benefits of this review, especially from Germany, where the recent sluggish outbound market has been turned around by a concentrated consumer focused campaign there by Tourism Ireland.

Southern Europe, including France, Spain and Italy, also performed exceptionally well in 2003. What is also encouraging is that our prospects of further above average growth from Europe are good because of new access developments and Tourism Ireland will continue to encourage and support the further development of such routes.

Long haul markets have also been targeted by an intensive level of marketing activity by Tourism Ireland. Like many other European destinations, these markets were seriously affected by the recent external shocks to international travel. This was particularly evident in the dramatic reduction in air access capacity to Europe from Australia, which is the most important long haul market for Ireland. Early indications in 2004 indicate a resurgence in demand for travel to Europe with Ireland again out-performing the competition.

Looking ahead, the marketing programmes in train for 2004 will build on the momentum generated in 2003. With a comprehensive and highly targeted suite of marketing activities, Tourism Ireland and Fáilte Ireland are confident that they can meet the very ambitious target of 4% growth in visitor numbers.

Tourism Industry.

Denis Naughten

Question:

158 Mr. Naughten asked the Minister for Arts, Sport and Tourism the plans he has to review the quality standards in tourism; and if he will make a statement on the matter. [10442/04]

Responsibility for conducting a review of quality standards in tourism rests with the tourism State agencies.

Since taking up office, I have consistently emphasised that the quality and levels of service offered by the tourism industry is critical to the successful development of the sector. Excellence in the physical design and quality of tourism products and good investment planning must be matched with equally good operational planning and delivery of services. If operational standards do not match the physical quality of facilities, the market potential of these facilities, for both overseas and domestic tourists may not be fully realised.

Last May I established the new National Tourism Development Authority, Fáilte Ireland. This is a well-resourced body which has been assigned responsibility for the promotion of excellence in product and service delivery which are priority requirements for both the overseas and domestic tourist. It has a clear mandate to take whatever actions are appropriate to help the industry to hold and increase its market share in an increasingly competitive global marketplace. Fáilte Ireland is now up and running and is well positioned to support the industry in addressing the new set of challenges facing tourism into the future, including issues such as value for money, competitiveness and quality standards.

Breeda Moynihan-Cronin

Question:

159 Ms B. Moynihan-Cronin asked the Minister for Arts, Sport and Tourism if his attention has been drawn to recent comments by the newly-elected president of the Irish Hotels Federation that the Government will have to step up its efforts to try and keep costs down to ensure Ireland remains a popular tourist destination; and if he will make a statement on the matter. [10650/04]

Bernard J. Durkan

Question:

271 Mr. Durkan asked the Minister for Arts, Sport and Tourism if he has satisfied himself regarding the competitiveness of the tourist industry here; and if he will make a statement on the matter. [10884/04]

I propose to take Questions Nos. 159 and 271 together.

I am aware of the comments made by the president of the Irish Hotels Federation. I have already made my views on competitiveness very clear. I agree with the tourism policy review group that restoring competitiveness is the major challenge facing the tourism sector and that the industry must offer better value to its customers if it is to maximise the opportunities for future growth. However, there is no immediate, single or easy solution to addressing concerns. The review group listed some ten specific actions in this area that require responses from the private and public sectors including recommendations on taking responsibility for restoring competitiveness, inflation, benchmarking, customer relationship management, management capability, high standards for competitive advantage and training.

My aim is to see a coherent action plan implemented effectively in co-operation with all the major players. To this end, I have established a high level implementation group to advise and assist in driving forward and monitoring the action plan set out in the report of the review group. The group had its first meeting in February and I expect its first six-monthly report in August.

Question No. 160 answered with QuestionNo. 142.

International Arts Policy.

Jan O'Sullivan

Question:

161 Ms O’Sullivan asked the Minister for Arts, Sport and Tourism if, in view of his statutory responsibility for promoting the arts within and without the State, he is considering the establishment of Irish cultural institutes abroad, along the lines of the British Council, the Goethe-Institut or the Alliance Francaise; his views on whether the absence of such Irish institutions prevents the promotion of cultural relations abroad; and if he will make a statement on the matter. [10651/04]

It is my intention during 2004 to advance the formulation of a coherent policy on the international arts. Towards this end, my Department has commissioned a consultant to consider the issues arising and to make recommendations on how best to progress, and his report is expected shortly.

At this point in time, I have formed no firm view of the sort of structures referred to by the Deputy, but all viable options will be considered, with the objective of choosing options that work well, give good value for money, and involve acceptable cost in the context of competing demands at the relevant time.

Question No. 162 answered with QuestionNo. 152.

Tourism Policy.

Richard Bruton

Question:

163 Mr. R. Bruton asked the Minister for Arts, Sport and Tourism when the first report of the implementation committee established to put into effect the recommendations of the tourism policy review group will be published; and if he will make a statement on the matter. [10623/04]

In line with the terms of reference for the high level group I appointed to advise on, and drive forward, the implementation of the tourism action plan, the group will report to me every six months.

The first meeting of the group was in February 2004 and I look forward to receiving its first report in August.

Arts Council.

Michael D. Higgins

Question:

164 Mr. M. Higgins asked the Minister for Arts, Sport and Tourism his views on the recent resignation of the director of the Arts Council; his further views on whether this decision was based on the council’s decision to set aside the arts plan 2002-2006; the future for the Arts Plan 2002-2006 in view of this development; and if he will make a statement on the matter. [10654/04]

I refer the Deputy to my answer to Priority Question No. 140 today.

Question Nos. 165 answered with QuestionNo. 142.

Swimming Pool Projects.

David Stanton

Question:

166 Mr. Stanton asked the Minister for Arts, Sport and Tourism the funding available for the next round of the local authority swimming pool programme; when he will announce successful applicants for same; and if he will make a statement on the matter. [10621/04]

As I indicated to the Deputy in my reply of 30 March last, the closing date for receipt of applications under the current round of the local authority swimming pool programme was 31 July 2000 and 55 proposals have or are being dealt with under the programme.

Due to the large number of pools still being processed and taking into account the funding which has been set aside for the programme, it is not proposed to reopen the pool programme at present. However, an expenditure review which is due to be completed by mid-2004 is being carried out on the programme and this review is examining, among other things, how the programme has worked to date, the benefits which have accrued to the areas where pools have been built and what amendments, if any, are required to ensure the effective and efficient delivery of the programme. The question of reopening the programme can be considered following the completion of that review. The provision in my Department's Estimates for the programme for this year is €15 million.

Bloomsday Centenary Celebrations.

Joe Costello

Question:

167 Mr. Costello asked the Minister for Arts, Sport and Tourism the plans being made to commemorate Bloomsday on 13 June 2004, in view of the fact that it is the 100th anniversary; the plans for the special Bloomsday breakfast that will take place on O’Connell Street, Dublin; the efforts being made to promote Bloomsday as an important day; and if he will make a statement on the matter. [10653/04]

Last year I established the Bloomsday Centenary Co-ordinating Committee, whose remit is to co-ordinate the appropriate plans of the many literary and cultural organisations that intend to arrange special Bloomsday centenary events, and thereby achieve a major festive celebration of the centenary of this fictitious day in literature. A festival of over 50 events spanning five months has resulted, that is being promoted under the title of "ReJoyce — Dublin 2004". It is being marketed worldwide as a major cultural tourism festival and has already received significant interest and extensive coverage in the national and foreign media.

Plans are well advanced for the Bloomsday breakfast, which will take place on O'Connell Street on the morning of Sunday 13 June, subject to the issuing of an event licence by the relevant authority. Over the course of the morning it is expected that of the order of 10,000 people will have the opportunity to enjoy a cooked breakfast supplied by Denny's, the event sponsor, in addition to other attractions along the city's main thoroughfare.

The full event calendar of the festival is available at the dedicated website for the festival —www.rejoycedublin2004.com.

Commissioning of Artwork.

Eamon Ryan

Question:

168 Mr. Eamon Ryan asked the Minister for Arts, Sport and Tourism if the guidelines on best practice for commissioning artwork for all public bodies was published, as promised, by the end of 2003; and if so, the feedback there has been regarding the implications of same. [10613/04]

An interdepartmental committee has now agreed the content of guidelines in this context. Necessary consultations with experts in the area on the agreed text were concluded recently, and publication will be arranged as soon as possible.

Question No. 169 answered with QuestionNo. 146.

National Stadium.

Joan Burton

Question:

170 Ms Burton asked the Minister for Arts, Sport and Tourism the position in regard to developing state of the art sports facilities at the Abbotstown site in view of the recent decision to locate the national stadium at Lansdowne Road; the latest meetings the Minister has had with sporting bodies regarding the use of future facilities at Abbotstown; and if he will make a statement on the matter. [10636/04]

Bernard J. Durkan

Question:

268 Mr. Durkan asked the Minister for Arts, Sport and Tourism the position in regard to the future of lands at Abbotstown; and if he will make a statement on the matter. [10881/04]

I propose to take Questions Nos. 170 and 268 together.

The Government has agreed to proceed with the development of a sporting campus at Abbotstown. Following the decision by the Government on 27 January last, I met the board of Campus and Stadium Ireland Development Limited, on 2 February. I outlined the Government's views for the sports campus to them and asked them to provide me with a phased and prioritised proposal, with a sporting and business case and annual budgets in respect of each element of the campus. I indicated that the delivery of the component elements of the campus should be put forward within a realistic timeframe by building on and updating the existing framework plan for the site, in consultation with the various interested parties and taking account of developments which have taken place in the meantime.

While the precise elements of the campus will emanate from revisiting the existing framework plan and from the consultative process which has already commenced, it is likely that the campus will include pitches and training facilities, administrative facilities for the smaller sporting bodies which depend very largely on voluntary commitment. It might also include medical and training support for elite athlete development and, eventually, an indoor sporting arena, which it is expected would attract private sector investment.

CSID has been given the responsibility for translating this concept into an action plan for delivery and overseeing a programme of development that, over time, will be seen as accomplishing a major transformation in the quality of Ireland's sporting infrastructure. As I indicated, the process of consultation with the various interested parties, in particular the national governing bodies of sport, has commenced and I expect to receive the outline proposals for the campus from CSID by the autumn.

Question No. 171 answered with QuestionNo. 152.

Northern Ireland Issues.

Finian McGrath

Question:

172 Mr. F. McGrath asked the Taoiseach the position regarding the Northern Ireland talks. [10444/04]

I met Prime Minister Blair in Farmleigh on Thursday, 11 March. We discussed the review and we recognised the importance of injecting momentum into the review process. For that reason, we met in trilateral format with each of the parties in Hillsborough on Tuesday, 23 March.

At those meetings, we explored with the parties how we could achieve fully inclusive, fully functioning, devolved government. There needs to be a clear and definitive end to paramilitarism and there needs to be clarity that unionism will participate fully in an inclusive process if paramilitarism is brought to a definitive end. As I have said, remedying the deficits of trust and confidence that now exist requires a fast-forwarding to completion. If we can achieve this, we can achieve a successful outcome to the review.

Partnership Agreements.

Richard Bruton

Question:

173 Mr. R. Bruton asked the Taoiseach when he plans to initiate discussions with the social partners in relation to a successor to Sustaining Progress; and his objectives for the negotiations. [9065/04]

The Sustaining Progress agreement covers the period up to the end of 2005. The review of the interim pay terms contained in the agreement was formally initiated on Monday, 29 March 2004.

This meeting was attended by representatives of the Irish Congress of Trade Unions, the Irish Business and Employers Confederation and the Construction Industry Federation and relevant Government Departments, including own Department.

The overall objective of this process, from the Government's point of view, is to ensure a pro-competitiveness and pro-jobs outcome, while at the same time, ensuring industrial relations stability.

Insurance Industry.

Charlie O'Connor

Question:

174 Mr. O’Connor asked the Tánaiste and Minister for Enterprise, Trade and Employment the actions she is taking to deal with the issue of high insurance costs for young drivers; the position regarding same; and if she will make a statement on the matter. [10530/04]

I am very concerned about the difficulties that are being caused by high insurance premiums, especially in regard to young drivers.

The insurance reform programme that I announced on 25 October 2002 comprises a comprehensive set of interrelated measures designed to improve the functioning of the Irish insurance market. I chair a ministerial committee established to drive the co-ordinated implementation of the reform programme across the relevant Departments and other bodies concerned. Substantial progress is being made on a range of measures that will radically overhaul the functioning of the insurance market and help tackle the high cost of insurance. The key measures include implementation of the recommendations in the Motor Insurance Advisory Board action plan within a target timeframe. To date 32 of the recommendations have been fully implemented, four partially implemented and work is in progress on the implementation of the other recommendations. Another key measure is the establishment of the Personal Injuries Assessment Board. The Personal Injuries Assessment Board Act 2003 completed its passage through the Houses of the Oireachtas on 19 December 2003 and was signed into law on 28 December 2003. The provisions of this Act will be commenced in the near future. A CEO designate has been appointed and commenced duty on 2 February 2004. The proposed structure and staffing levels of the new body are finalised and a recruitment campaign is currently under way. The board will be operational when the necessary staff and IT systems are in place, which is expected to be in the second quarter of this year. The PIAB interim board has made significant progress in this regard. Another key measure is the undertaking by my Department and the Competition Authority of a joint study into the insurance market. The study will identify and analyse barriers to entry and limitations on rivalry in the insurance marketplace. The bulk of the study was completed in 2003 and a preliminary report and consultation document on competition issues in the non-life insurance market was published on 18 February 2004. Following a two-month consultation period, a final report will be published which will contain recommendations based on its findings.

Significant progress has been made by the Department of Transport in regard to the implementation of the road safety strategy. The Minister for Justice, Equality and Law Reform published the Civil Liability and Courts Bill on 11 February. This Bill contains measures to streamline the law in regard to personal injury claims including measures to deal with fraudulent and exaggerated claims. The Bill was initiated in the Seanad on 11 February. It has completed Second Stage in the Seanad and is currently awaiting Committee Stage.

The MIAB recommendations that the Irish Financial Services Regulatory Authority, IFSRA, is charged with progressing/dealing with issues relating to public information, promotion of competition, transparency and consumer protection. One such recommendation relates to gathering of statistics on motor insurance and claims costs by IFSRA. On 10 December 2003, IFSRA published its first set of comparative tables of motor insurance quotations on its website, www.ifsra.ie. The motor insurance cost survey is based on eight driver profiles and is designed to show the range of quotes available for specific drivers in Ireland. Regular surveys will be published on the IFSRA website at three monthly intervals. This may be of particular interest to young drivers and demonstrates the advantages of shopping around.

While EU law prohibits the imposition of price control on insurance I have made it clear that I consider there to be an onus on the insurance industry to ensure that the reforms to be undertaken will have the effect of significantly reducing the cost of premia to consumers and businesses. Indications to date are that the reform programme is having its desired effect. The CSO publishes monthly indices of costs for a number of classes of insurance. These statistics show that there was a reduction of 11.8 index points, 11.1%, in motor car insurance between the months of January 2003 and January 2004. Further, the CSO noted a significant contribution from insurance to the recent reduction in inflation. As implementation of the reform programme continues, I expect further reductions to occur in all forms of insurance. I am also confident that the measures the Government is putting in place to reform the Irish insurance market will attract new players into the market leading to further downward pressure on premia.

Enterprise Funding.

Richard Bruton

Question:

175 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment the schemes of financial support which are available to start-up businesses that wish to expand employment in the area of domestic marketable services such as heating and plumbing; and if she will make a statement on the matter. [10549/04]

In so far as the programmes offered by agencies under the aegis of my Department are concerned, funding is available from the county enterprise boards for micro-enterprises, that is, firms employing up to ten persons. The funding is targeted primarily at manufacturing and internationally traded services. Funding would not normally be available towards the costs of setting up a business in the area of domestic marketable services such as heating and plumbing.

Nevertheless, the relevant county enterprise board may be in a position to provide some business advice and management development support programmes to a person setting up such a business. These programmes are designed to help new and existing enterprises to operate effectively and efficiently to ensure survival and growth.

National Minimum Wage.

Thomas P. Broughan

Question:

176 Mr. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on complaints from Irish entrepreneurs that they are being undercut in tendering competitions by non-EU companies in which labour is provided by workforces from the home countries of those companies at well below market costs here; and if Irish minimum wages also apply to such workers. [10565/04]

I understand the Deputy has a specific situation in mind and if he can supply details my Department will be happy to consider if work permits have been issued in this case and if the employer has complied with the terms of such permits.

On a broader level, I can confirm that, where work permits are issued, the employer in question must comply with the relevant industry agreements, including the pay dimension. There can be a difference between such agreements, or recommended pay levels, and those operating in the market at any given time, which may be higher.

All employees in the State are protected by Irish employment law including minimum pay and if the Deputy has information of non-compliance, my Department is prepared to investigate. The Department has had a number of allegations of unfair practice from disappointed contractors in recent years but there has been a clear difficulty in supplying specific information to support such allegations.

Work Permits.

Denis Naughten

Question:

177 Mr. Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the criteria for a US citizen to gain employment here whose partner is an Irish citizen; and if she will make a statement on the matter. [10567/04]

US citizens require a work permit before commencing work in Ireland and it is the proposed employer in this country who can apply for the work permit. Where the US citizen is married to an Irish national, a work permit is not required once permission to remain in Ireland has been granted by the immigration authorities.

Bernard J. Durkan

Question:

178 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment when a work permit will issue in the case of a person (details supplied) in County Kildare, a parent of whom is also resident and employed in County Kildare since 2002; and if she will make a statement on the matter. [10574/04]

I am informed that there is no record of a valid work permit application in this case. Work permit applications, which are incorrect or incomplete, are not regarded as valid applications and are returned to the employer for completion.

Competition Authority Investigation.

Phil Hogan

Question:

179 Mr. Hogan asked the Tánaiste and Minister for Enterprise, Trade and Employment if the failure of the Competition Authority to bring a prosecution relating to an alleged cartel of wholesale suppliers of packaged beer and soft drinks was attributable to delay within the Competition Authority in which files on the matter lay dormant for well over a year; and if she will make a statement on the matter. [10675/04]

Decisions to prosecute offences on indictment under competition law are a matter for the Director of Public Prosecutions.

The Competition Authority has advised me that it is its policy not to comment on active investigations or cases in the interest of preserving the integrity of its investigations or any subsequent legal proceedings.

I understand, however, that while criminal proceedings on indictment were not proceeded with in the case in question, civil proceedings by the authority are still pending and, therefore, it would be inappropriate for me to comment further at this stage.

Phil Hogan

Question:

180 Mr. Hogan asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Competition Authority should provide the public with details of compromises or arrangements reached by the authority with a vested interest relating to potential proceedings or a prosecution; and if she will make a statement on the matter. [10676/04]

The conduct of investigations and any subsequent legal proceedings under competition law is an operational matter for the Competition Authority.

I am aware, however, that where the Competition Authority reaches agreements or settlements with parties it generally publishes details of those agreements either by way of an enforcement decision, a press release or in its annual report. With regard to the former, the authority launched its enforcement decision series in 2003 to inform the public about competition issues by publishing details of decisions concerning selected investigations where it had closed a file either because it had found no breach of competition law or had settled the case. In this regard the authority selects investigations that create a precedent, are of public interest or raise issues of complexity.

I understand that in cases where the authority initiates civil proceedings but subsequently settles them, it is the authority's practice to have the terms of those settlements recorded in court. In that regard I refer to the Competition Authority's recently published annual report for 2003 in which it gives details of various civil cases that were settled in 2003.

Company Property Sales.

Phil Hogan

Question:

181 Mr. Hogan asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason the expected announcement of the tender for Comerama, Castlecomer, County Kilkenny, has been delayed; and if she will make a statement on the matter. [10682/04]

The sale of the Comerama facility in Castlecomer, County Kilkenny, is a private matter and is the sole responsibility of the receiver. I have no involvement in the tender process itself. However, I understand an announcement in relation to the outcome of the tender process is likely to be made shortly.

Employment Legislation.

Róisín Shortall

Question:

182 Ms Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans, in view of the case of a company (details supplied) in Dublin, to review the requirement for Garda clearance for applicants for a licence to operate an employment agency in order to extend this requirement to all directors of such companies; and if she will make a statement on the matter. [10736/04]

In Sustaining Progress — the social partnership agreement 2003-2005, the Government undertook to carry out a review, in consultation with the social partners and others, of the need to adapt the Employment Agency Act 1971 or the necessity for new legislation. I assure the Deputy that the issue raised by her in her question will be addressed in the context of this review.

Departmental Correspondence.

Ruairí Quinn

Question:

183 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason she has instructed that no letters of clarification be issued from her Department into the public domain confirming that at the time of allegations of misappropriation of funds, including grants from her Department, being made against the general secretary of a non-governmental organisation (details supplied), her Department had on file documentary evidence to the contrary; the reason, despite repeated requests from the person concerned to her Department, she has maintained this blockade; the action she proposes to take to rectify this situation; and if she will make a statement on the matter. [10738/04]

I have not issued any instructions regarding this matter to my Department. My Department was not a party to any such allegations and has already confirmed to the person concerned both in correspondence and in the course of several meetings that the Department does not have any issue or concern to pursue with him. Furthermore, all relevant documents relating to the issues referred to by the Deputy have been released to this person. It is a matter for the individual concerned to decide how such documentation might be of use to him in relation to his dealings with any third parties.

Hazardous Substances.

Pat Rabbitte

Question:

184 Mr. Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to concerns expressed at the implication for the safety of workers of the importation of significant amounts of enriched ammonium nitrate blends of fertilisers from outside the EU; if she has satisfied herself that all appropriate safety procedures are in place and that labelling requirements are being complied with, especially in view of concerns that have been expressed that such materials could, in certain circumstances, explode; if she has further satisfied herself that the attention of workers handling such materials has been drawn to the potential dangers; and if she will make a statement on the matter. [10740/04]

There are a range of regulatory provisions either already in existence or pending in regard to the placing on the market, importation and use of fertiliser blends containing ammonium nitrate and these are administered and enforced by the Department of Agriculture and Food, the Department of Justice, Equality and Law Reform and the Health and Safety Authority. I am informed that these Departments and their agencies are in ongoing liaison with each other, and with representatives of the Irish Fertiliser Manufacturers Association, IFMA, with regard to the safety implications involved. I am also informed that all the parties have agreed an action plan outlining their respective roles.

In short, the roles of the Departments and their agencies can be described as follows: the Department of Agriculture and Food carries out sampling and chemical analysis on fertilisers placed on the Irish market and alerts the Department of Justice, Equality and Law Reform in case of non-compliance. It also carries out labelling checks for product identification purposes and to ensure that such products are in accordance with standards laid down in the various legal instruments; the Department of Justice, Equality and Law Reform administers and enforces the Explosives (Ammonium Nitrate and Sodium Chlorate) Order 1972 (SI 191 of 1972), which is made under the Explosives Act 1875. This order declares that the substances specified in the schedule to the order shall be deemed to be explosives within the meaning of the Explosives Act 1875. The schedule to the order includes, inter alia, ammonium nitrate and certain fertilisers, which contain ammonium nitrate in excess of 79% by weight. Under the terms of the order these substances are deemed to be explosives within the meaning of the Act and are therefore subject to the security controls operated under that Act; the Health and Safety Authority, during its inspection of relevant sites, check that facilities and arrangements, including the provision of appropriate information and training, for the safe storage of fertilisers are in place.

There is also a commitment by the fertiliser manufacturing industry to review and update the safety information available to users of their products. Regulation (EC) No. 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers applies to products which are placed on the market as fertilisers designated "EC-Fertilisers" and in the context of the regulation importation of a fertiliser into the customs territory of the European Community is deemed to constitute placing on the market. Under this regulation, which has yet to be given full effect, high nitrogen content ammonium nitrate fertilisers, for example, those containing more than 28% by mass of nitrogen in relation to ammonium nitrate, are subject to a detonation resistance test. This will be required to be carried out by the supplying company and a test certificate must be made available five days prior to the importation of the fertiliser. For fertilisers with nitrogen content of less than 28% no detonation test is required. The regulation, inter alia, also specifies labelling requirements for fertilisers so that users are fully informed as to nutrients present for plant growth and percentage and forms of such nutrients, etc.

Depending on the amount of fertiliser involved, if a company comes within the relevant thresholds for dangerous substances, the provisions of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 would also apply. The Carriage of Dangerous Goods by Road Regulations 2004 are also relevant to the safe transport of fertilisers.

I welcome the fact that the relevant State agencies are liaising and co-operating with each other, and the manufacturing sector, in this important safety matter.

Local Elections.

Eamon Ryan

Question:

185 Mr. Eamon Ryan asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on whether a restriction can apply to a person holding a migrant working permit, who has been a resident here for more than six months, from standing as a candidate in the local elections in June 2004. [10742/04]

Eligibility criteria for candidates in local elections are not a matter for my Department.

Industrial Development.

Emmet Stagg

Question:

186 Mr. Stagg asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Question No. 204 of 24 February 2004, if there has been further progress in relation to the site in question; if agreement has been reached in relation to same; and if she will make a statement on the matter. [10766/04]

I understand there have been no further developments on this issue. However, I assure the Deputy that the State development agencies, under the aegis of my Department, are continuing to promote the Celbridge facility.

Departmental Investigations.

Liz McManus

Question:

187 Ms McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Question No. 4 of 21 March 2002 on the examination by her officials and their consultations with the Attorney General’s office, if she will report on their findings in relation to the groups of Irish meat plants being controlled by a company (details supplied); and if she will make a statement on the matter. [10912/04]

Liz McManus

Question:

188 Ms McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment, further to Question No 4 of 21 March 2002, if she has satisfied herself that the companies in question are no longer controlled from Liechtenstein; and if she will make a statement on the matter. [10913/04]

I propose to take Questions Nos. 187 and 188 together.

As indicated in my response to the House on 5 November 2002, the advice of the Attorney General which was received in this matter did not afford any basis for further action against the person concerned arising from his acceptance, for the purpose of a particular court case, that he controlled the group of Irish meat plants in question.

Defence Forces Property.

Richard Bruton

Question:

189 Mr. R. Bruton asked the Minister for Defence if a feasibility study has been undertaken to assess the possibility of converting St. Bricin’s military hospital to use as a civilian step-down facility; the present bed capacity of St. Bricin’s; the present in-patient occupancy rate of its capacity; and if he will make a statement on the matter. [10546/04]

In 2001, a feasibility study was carried out into an outline proposal from the Northern Area Health Board for the potential use of part of St. Bricin's hospital for acute day case ophthalmic surgery as a pilot project.

Detailed examination and analysis indicated that this project would not have been cost effective or attractive for the NAHB in terms of a limited throughput of civilian patient numbers as against a quite significant level of relative capital costs. In the event, the NAHB secured access to suitable facilities elsewhere in Dublin.

The Department is always available for discussions in the future if the NAHB, or any other public health agency, wishes to explore the potential for a mutually beneficial collaboration which would serve to enhance the respective service delivery priorities of the various parties.

The military authorities have advised that the present capacity of St. Bricin's hospital is 48; only ten are available at present due to refurbishment. The present in-patient occupancy rate of its capacity is 20%.

Defence Forces Equipment.

Jack Wall

Question:

190 Mr. Wall asked the Minister for Defence if recruits in the armed forces are provided with all clothing necessary for the carrying out of their duties by his Department; if recruits have to pay for some items of clothing; and if he will make a statement on the matter. [10758/04]

Defence Forces clothing and equipment are issued to personnel at no cost to the individual. Constant oversight by the Defence Forces ensures that the highest standard of clothing and equipment is issued to meet all operational circumstances, both at home and abroad.

Defence Forces Property.

Seán Power

Question:

191 Mr. S. Power asked the Minister for Defence the reason the pharmacy on the Curragh is closed; when it will reopen; the arrangements in place to service the needs of the residents while it is closed; and if he will make a statement on the matter. [10759/04]

The pharmacy at the Curragh is closed because the pharmacist stationed there is on maternity leave. Arrangements are being put in place to secure the services of a locum pharmacist to dispense prescriptions at the Curragh pharmacy. It is expected that dispensing will resume within the next few weeks. In the interim, alternative arrangements are in place for prescriptions to be filled for military personnel at a local chemist.

Defence Policy.

Aengus Ó Snodaigh

Question:

192 Aengus Ó Snodaigh asked the Minister for Defence the implications for Defence spending in the State of the establishment of the EU Armaments Agency agreed in November 2003; if the cost projections have been done, including the expected costs to the Exchequer; if so, if he will report on the results; if not, when they will be done; and if they will be published. [10908/04]

I refer the Deputy to my reply to Question No. 3 of 25 March last which related to the impact to date on defence spending of EU defence measures and the anticipated impact on defence spending over the next ten years by EU defence-related measures and commitments.

As I stated in my reply, the Government's White Paper on Defence, published in February 2000, set out a medium-term strategy for defence covering the period up to 2010. A major objective of the strategy is to ensure that Ireland has a world-class military organisation capable of carrying out the roles assigned to it by the Government, both at home and abroad. This objective requires an ongoing modernisation process, including an investment programme to ensure that the Defence Forces are properly equipped for these roles.

In seeking to modernise the Defence Forces in accordance with the objectives of the White Paper, I have been fully conscious of the need to obtain the best possible efficiencies from existing resources, and have reported to the House on many occasions on the methods by which this has been achieved.

The conclusions of the Thessaloniki European Council tasked the appropriate bodies of the Council to undertake the necessary actions towards creating, in the course of 2004, an intergovernmental agency in the field of defence capabilities development, research, acquisition and armaments. On 17 November 2003 the General Affairs and External Relations Council, GAERC, decided that this work would be supported by an agency establishment team which has since been set up by the SG/HR Javier Solana, and is working under his authority.

As part of the mandate for the incoming Presidency, the European Council held in Brussels in December 2003 invited the Irish Presidency to take forward work on the further development of European military capabilities including, "To advance the establishment, in the course of 2004, of an Agency in the field of defence capabilities development, research, acquisition and armaments."

Discussions on the establishment of the agency are continuing at EU level and will be included on the agenda of the informal meeting of Defence Ministers in Brussels on 5 and 6 April 2004. While much of the detail in regard to structure and functions of the agency has yet to be agreed, participation by respective member states in the Agency — as in all aspects of ESDP — will be voluntary.

As I have said in the past, developments in this area may yield some future economies of scale or efficiencies in the procurement of defence equipment which I would obviously support. In that context the development of the agency may possibly be a development which will foster some cost/benefit improvements for future defence spending.

Farm Retirement Scheme.

Olwyn Enright

Question:

193 Ms Enright asked the Minister for Agriculture and Food the position in relation to the pre-2000 early retirement scheme from farming; if a person who let their land for two years for a nine month period each year will still be eligible to receive the early retirement scheme once they had applied under this scheme in view of the fact that it was in 1999; and if he will make a statement on the matter. [10473/04]

Applications under the 1994 scheme of early retirement from farming closed on 31 December 1999. Without specific details of this case, it is not possible to comment on the person's eligibility for payment of pension.

Forestry Support Schemes.

Martin Brady

Question:

194 Mr. M. Brady asked the Minister for Agriculture and Food if moneys will be made available for forest roads in view of the recent budgetary increase for forestry investment; if so, the criteria for qualification for same; and if he will make a statement on the matter. [10496/04]

As I announced on 12 February funding has been made available for the forestry support schemes including forest roads. The road scheme is being targeted at forest owners who intend to carry out thinning and or harvesting in the immediate future.

Grant Payments.

Tom Hayes

Question:

195 Mr. Hayes asked the Minister for Agriculture and Food the reason cattle subsidies under the ten and 22 month schemes have ceased to be awarded to a person (details supplied) in County Tipperary; and if these subsidies will be granted to this person. [10513/04]

The person named submitted one application, in respect of five animals, under the 2003 special beef premium scheme. As the person named did not submit a 2003 area aid application, the maximum number of livestock units for which payment could be considered is 15 livestock units. In calculating stocking density, an applicant's milk quota must also be taken into account; the person named has a milk quota of 107,761 litres which equates with 27.06 livestock units, using the notional average yield of 3,982 litres per cow. Because of this, no premium payment is due to the person named in respect of the five animals in question.

Milk Quota.

Paul Connaughton

Question:

196 Mr. Connaughton asked the Minister for Agriculture and Food if he will consider the case of a person (details supplied) in County Galway; if his attention has been drawn to the fact that this person organised the sale of his entire herd of cows in spring 2003 but was prevented from completing the sale as a result of an unofficial strike at his Department’s district office in Galway; his views on whether the circumstances were outside the control of this person; if a sizeable additional allocation of milk quota will be made available in the circumstances; and if he will make a statement on the matter. [10576/04]

Allocations of milk quota from the national reserve are granted on the basis of recommendations from the Milk Quota Appeals Tribunal which was established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system. It also examines applications from producers whose herds have been restricted by animal disease in the current quota year. The person in question submitted an application for additional quota on the grounds of animal disease and, having considered the application and the circumstances which applied in this case, the tribunal recommended an allocation of 30,000 litres. The person and his co-operative have been informed of this decision.

In considering applications on the grounds of animal disease the tribunal takes account of the producer's total available quota, the quantity and pattern of milk deliveries, and the estimated requirement until the end of the quota year. Furthermore, it also makes allowance for other factors such as the length of time the herd was restricted, the increase in herd size due to the restriction, and the availability of temporary leasing in the producer's co-operative. While every application to the tribunal is treated in a fair and sympathetic manner it has not been possible, within the constraints of the limited amount of quota available and the sizeable number of applications received, to meet fully all of the demands for additional quota.

Forestry Payments.

Gerard Murphy

Question:

197 Mr. Murphy asked the Minister for Agriculture and Food if forestry payment will issue to a person (details supplied) in County Kerry; and the reason these payments have not been made in view of the fact that they were promised by the end of March 2004. [10667/04]

The 2004 forestry premium will be paid within the next week.

Agenda 2000.

Denis Naughten

Question:

198 Mr. Naughten asked the Minister for Agriculture and Food the action he is taking to address the issues which have been raised regarding the impact which the mid-term review of Agenda 2000 will have on the rights of participants of the early retirement scheme; and if he will make a statement on the matter. [10668/04]

The discussions with the European Commission on the detailed implementing rules for the single payment scheme have now concluded. In the course of negotiations on these rules I have secured certain changes to the initial proposals for farmers who retired under the previous and current schemes of early retirement from farming. The legal position laid down in the Council regulation is that payment entitlements can be established only for farmers who were active during the reference period — by definition, this excludes farmers who had retired under the 1994 scheme of early retirement from farming. In order to activate those entitlements in 2005, a farmer for whom they are established must continue to farm in that year and submit an area aid application.

Notwithstanding these constraints I have secured several favourable arrangements in regard to participants in the early retirement schemes such that where the transferee inherits the holding of the retired farmer, he or she can also inherit any entitlements established for the retired farmer. Farmers, including offspring of farmers who retired before the reference period, who take over the holding of a retired farmer at some date in the future will be able to apply to the national reserve for payment entitlements under the single payment scheme. Where the transferee, whether family or non-family, took over the holding during the reference period and started farming for the first time, his or her entitlements will be based on the two year average or simply based on one year as the case may be. Farmers who entered the early retirement scheme after the reference period will have entitlements established for them provided they were actively farming and in receipt of direct payments during one or more of the reference years. Such farmers can apply in 2005 to establish those entitlements only, provided that a lease agreement is in place at that time whereby the entitlements can then be leased to the lessee.

Animal Diseases.

Phil Hogan

Question:

199 Mr. Hogan asked the Minister for Agriculture and Food when he will finalise a scheme to tackle the problem of sheep scrapie disease; when he will be introducing a compensation programme to remove the infected animals; and the number of animals and flocks notified with the disease. [10677/04]

My Department has introduced a multidimensional policy, for the control and eradication of scrapie, based in large measure on EU law. This includes: active surveillance for the disease involving 10,000 rapid tests each at slaughterhouses and knackeries in 2004; a survey of genotypes among the main native breeds which was completed last year; measures for dealing with scrapie positive flocks which are in place since 2001 and which, since 1 October 2004, involve genotyping and partial depopulation of infected flocks. In addition, a national genotyping programme designed to increase levels of scrapie resistance in the national flock by facilitating the genotyping of individual animals and promoting a genetic re-configuration of the national flock will be launched in the next few weeks and in parallel with this, a framework for the recognition of scrapie resistance in flocks, in the form of a flock status scheme, is being finalised.

A framework for dealing with scrapie positive flocks has recently been finalised. This framework provides, inter alia, for free genotyping of the flock, retention of suitable genotypes for breeding, a measure of free genotyping for replacement rams, the payment of market value for breeding animals which have to be disposed of following genotyping — net of salvage value where these animals can be sent for human consumption — an additional payment for breeding ewes and the payment of factory value for factory lambs and hoggets. These arrangements are now being applied and all concerned are being notified accordingly. A total of 12 new positive flocks were confirmed with the disease in the first three months of 2004, while in 2003 there were 37 such flocks.

Animal Welfare.

Richard Bruton

Question:

200 Mr. R. Bruton asked the Minister for Agriculture and Food if he has plans to tighten up animal welfare laws in view of the recent serious cases of abuse revealed by a television programme (details supplied) and by ISPCA; and the nature of the protections under existing law with regard to deer hunting, dog farming and fur farming. [10717/04]

I attach considerable importance to animal welfare issues and have taken several recent initiatives in this area, including establishing the Farm Animal Welfare Advisory Council, with a view to promoting and sustaining good practice and compliance with all of the relevant standards, whether on-farm, during transport or at time of slaughter. FAWAC is chaired by an independent chairman and includes representation from farming bodies, animal welfare organisations, livestock exporters, the veterinary profession, Teagasc and the agriculture Departments in Dublin and Belfast.

FAWAC has already identified a number of areas that it feels are worthy of particular attention and made such issues part of its initial work programme. I am aware that some of the issues raised by the Deputy have been raised at FAWAC and are likely to be the subject of views or recommendations conveyed to me by that body. I will carefully consider any views that FAWAC may wish to offer on animal health and welfare issues and how concerns might be best addressed, while recognising that my colleague the Minister for the Environment, Heritage and Local Government has particular statutory responsibilities for deer hunting and puppy farming, under the provisions of the Wildlife Act 1976 and the Control of Dogs Acts 1986 and 1992. I have also established a scientific advisory committee on animal health and welfare, which is independently chaired and includes among its membership persons of particular expertise and scientific distinction. This Committee is available to advise me of the scientific dimensions of animal health or welfare. It is also available to assist FAWAC where required.

I do have statutory responsibility for fur farming, which is regulated for animal welfare purposes by the provisions of the Protection of Animals Kept for Farming Purposes Act 1984 and by the European Communities (Protection of Animals Kept for Farming Purposes) Regulations 2000 which transpose the provisions of EU Directive 98/58/EC. My Department inspects licensed fur farms under this legislation and under the European Communities (Protection of Animals at Time of Slaughter) Regulations 1995. In addition the Council of Europe recommendations concerning fur animals apply.

The Protection of Animals Acts 1911 and 1965, which are the principal statutes governing cruelty to animals in Ireland are enforced by the Garda, who may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an act of cruelty against an animal in this country. The penalties for cruelty under the 1911 Act were increased significantly by the Control of Horses Act 1996.

Finally, I have for several years past provided end-year grants from available resources to animal welfare organisations throughout the country to help them in the work of providing direct care and welfare services to animals. In December 2003 I announced grants totalling €850,000 to 80 organisations to help their efforts during 2004. This package encompassed organisations in every county in the country and brought to almost €3.8 million the total amount of assistance made available to date to such organisations by my Department.

Pension Provisions.

Willie Penrose

Question:

201 Mr. Penrose asked the Minister for Agriculture and Food if he will take steps to allocate the correct number of years of service to a person (details supplied) in County Westmeath; the reason this person’s years of service have been left one and a half years short; if same will be properly computed; and if he will make a statement on the matter. [10776/04]

Under the scheme for the purchase of notional service, civil servants may, subject to certain conditions, purchase notional service in respect of the shortfall of service which they would otherwise have in making up their maximum pension entitlements at retirement age. Service can be purchased in two ways: by periodic deduction from salary or by lump sum payment. The purchase scheme has been designed in such a way as to ensure that it is self-financing and appropriate actuarial tables have been devised to cater for the different purchase options available. A person can be credited only with additional notional service for which he or she has paid.

The officer concerned is retiring shortly. He exercised an option in 1990 to purchase three years service for superannuation purposes by periodic deductions from his salary until his 65th birthday. In 1995, he opted to purchase an additional one year and 325 days service. However, it has recently come to the attention of my Department that the deductions towards the first option of purchase of service were inadvertently discontinued when the deductions for the second option commenced in 1995. The officer's service at retirement will be 38 years and 26 days. My Department is discussing possible options with the person concerned for making good the shortfall in his service within the constraints of the purchase scheme.

Tax Code.

Brian O'Shea

Question:

202 Mr. O’Shea asked the Minister for Finance his proposals to treat all families, whether married or otherwise, equally in the tax laws; and if he will make a statement on the matter. [10453/04]

I am aware that the tax treatment differs as between family units comprising married, separated, cohabiting or same sex couples. The difference in treatment reflects the differing nature of the relationships involved, the legal arrangements which may exist between the relevant parties as regards, for example, maintenance and support, and the provisions of the general law as it relates to the status of familial structures.

The working group examining the treatment of married, cohabiting and one-parent families under the tax and social welfare codes, which reported in August 1999, acknowledged that a key issue in the tax treatment of cohabiting couples is whether tax law should proceed ahead of changes in the general law. In my view, such a course, where changes in the tax code would set a headline in advance of developments in other relevant areas of public policy, for example, in the area of legal recognition of relationships other than married relationships, would be problematic and unwise. I indicated to the Dáil in February last that I had no plans to change the different treatments under the tax code and that is still my position.

Motor Vehicle Registration.

Seán Power

Question:

203 Mr. S. Power asked the Minister for Finance the number of new vehicles registered in the first three months of 2004; how this compares with previous years; and if he will make a statement on the matter. [10552/04]

The Revenue Commissioners inform me that the number of vehicles registered for VRT purposes in the first three months of the years 2000 to 2004 inclusive are as set out in the table below.

Year

Motor Cars

Car Derived Vans

Commercial Vehicles

Motor Cycles

Total Registrations

2000

103,240

1,111

18,544

2,293

125,188

2001

78,624

1,347

18,920

2,607

101,498

2002

73,088

1,311

16,437

2,072

92,908

2003

68,863

1,077

15,553

1,742

87,235

2004

75,569

1,347

15,456

1,337

93,709

Oil Prices.

Thomas P. Broughan

Question:

204 Mr. Broughan asked the Minister for Finance if, in view of the recent continued and unexpectedly high oil prices, he will make a statement on the impact of these prices on growth rates here; and his views on estimates of international research bodies and media regarding this matter. [10560/04]

As of 2 April 2004 the price of oil had risen by 36% since its 21-month low of $22.94 on 28 April 2003. The increased price of oil is due to several factors, including reduced supply and increased demand as a consequence of the recovering international economy. In the event of a sustained, significant increase in the price of oil, disposable spending power would tend to decrease and economic growth would tend to weaken both in Ireland and in our major trading partners. Our exports to the latter would decrease and inflation in Ireland would increase. Therefore, a sustained increase in the price of oil would impact negatively on both economic growth and inflation in Ireland. However, due to the recent appreciation of the euro the full effect of the increased oil price has not significantly impacted on Irish inflation. The strong euro has also mitigated the adverse impact on the European economy.

My Department's economic forecast at budget time last December assumed that the 2004 price of oil would be $25.60 per barrel. The average price of a barrel of oil in the first quarter of this year has been 25% higher than that. However, model estimates conducted by the ESRI in the past indicate that if this price level were sustained for the rest of the year then it would reduce GNP growth by about one eighth of a per cent in the medium term.

Tax Yield.

Thomas P. Broughan

Question:

205 Mr. Broughan asked the Minister for Finance if his Department has statistics on the amount of income tax paid by those aged over 65; and the proportion this amount represents of total income tax over the 1999 to 2003 period. [10561/04]

The information sought by the Deputy on income tax paid by those aged 65 and over is not available in my Department at present.

Departmental Properties.

Eamon Gilmore

Question:

206 Mr. Gilmore asked the Minister for Finance the use it is proposed to make of the vacant social welfare office block at Quay Road, Dungloe, County Donegal; and if he will make a statement on the matter. [10620/04]

The property in question has been identified as surplus to current Government accommodation requirements. Arrangements are being made by the Commissioners of Public Works to dispose of same on the open market soon.

Tax Credits.

John Perry

Question:

207 Mr. Perry asked the Minister for Finance if the claim for incapacitated child allowance will be reassessed for a person (details supplied) in County Sligo in view of the extenuating medical circumstances and the additional medical problems in the family; and if he will make a statement on the matter. [10693/04]

The Revenue Commissioners advise that a claim for the incapacitated child tax credit was made to the Sligo Revenue district by letter dated 25 April 2003. Two medical reports were enclosed with the claim. Section 465 of the Taxes Consolidation Act 1997 provides an incapacitated child tax credit of €500 for a person who proves that he/she has living at any time during a year of assessment a child who is permanently incapacitated by reason of mental or physical infirmity. A child under 18 is regarded as permanently incapacitated by reason of mental or physical infirmity only if the infirmity is such that there would be a reasonable expectation that if the child were over the age of 18 years the child would be incapacitated from maintaining himself or herself.

The Revenue Commissioners inform me that the medical reports indicate that the child concerned suffers from epilepsy (which is controlled by medication) and that he has learning and other difficulties. The essential point in both reports relates to the provision of a resource teacher so that he can make progress within mainstream education.

In the circumstances the Inspector considered that the conditions for the relief were not satisfied. The Revenue Commissioners advise that nothing has since emerged that would lead to a change in that decision.

Flood Relief.

Emmet Stagg

Question:

208 Mr. Stagg asked the Minister for Finance the position in relation to reports required to progress the flood alleviation measures in the Ardclough and Leixlip areas of County Kildare; if funding is available in 2004 to assist in the preparation of the required reports and in respect of the actual flood alleviation works required; and if he will make a statement on the matter. [10762/04]

I refer the Deputy to my reply to his most recent Parliamentary Question on this matter, Question No. 251 of 24 February 2004. The position as outlined in my reply to that question remains unchanged.

Architectural Heritage.

Emmet Stagg

Question:

209 Mr. Stagg asked the Minister for Finance if the revised schedule of works for Lucan Demesne has been agreed and submitted to his Department; if same has been approved; the cost of the works; the funding being made available in each year for the works; and if he will make a statement on the matter. [10763/04]

I wish to confirm that the current position remains unchanged from that outlined in my response to the Deputy's most recent question on this issue, Question No. 252 of 24 February 2004.

EU Constitutional Treaty.

Finian McGrath

Question:

210 Mr. F. McGrath asked the Minister for Foreign Affairs the position regarding the talks dealing with a new EU constitutional treaty; if this will lead eventually to a united states of Europe; and the effect this will have on the Irish Constitution. [10443/04]

The position regarding the negotiations on the new constitutional treaty was set out in detail in Deputy Kitt's reply to Priority Question No. 5 of 31 March 2004. The European Council at its meeting on 25 and 26 March decided that agreement on the treaty should be reached no later than the June European Council.

The constitutional treaty does not aim to create and will not result in the creation of a united states of Europe. A proposal to rename the European Union in this way received no support at the Convention. The constitutional treaty will make clear that all of the Union's competences are bestowed upon it by the member states, and it does not provide for a significant transfer of new competences to the Union. The draft states that:

The Union shall respect the national identities of the Member States, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential state functions, including those for ensuring the territorial integrity of the State, and for maintaining law and order and safeguarding internal security.

In addition, the principles of subsidiarity and of proportionality are being strengthened, with a greater role for national parliaments.

In the event that negotiations on the constitutional treaty are successfully concluded, it is likely that an amendment to Bunreacht na hÉireann will be required to allow for its ratification by Ireland, as has been the case with previous EU treaties. However, the scope and authority of the Irish Constitution will not otherwise be affected by the entry into force of the constitutional treaty.

Departmental Appointments.

Kathleen Lynch

Question:

211 Ms Lynch asked the Minister for Foreign Affairs if he will review the case of a person (details supplied) employed at the Cork Passport Office, who wishes to apply for a permanent position, but who has been refused an interview; and if he will make a statement on the matter. [10760/04]

The human resources unit of my Department is in touch with the officer in question and has offered to seek the advice of the chief medical officer for the Civil Service on any new medical evidence the officer is able to provide in support of her case. My Department has also approached the Civil Service Commission to ask that, subject to the officer meeting the sick leave requirements, it consider reconstituting a selection panel to enable her to compete for a permanent position

Military Air Craft.

Aengus Ó Snodaigh

Question:

212 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if US Special Forces were aboard flights landing in Shannon Airport on 27 and 28 March 2004; the steps he has taken to verify that there were no arms on board the US Marine Corps C-130 Hercules that landed at Casement Aerodrome, Baldonnel, on 29-30 March 2004; the content of the cargo reportedly removed from the aircraft; and the steps he has taken in response to the flying of the “jolly Roger” flag by this foreign military aircraft. [10914/04]

The Deputy is aware that the use of Shannon Airport by the US military is a long-standing practice which has been in place for a number of decades.

In this regard, the carriage of US troops by civilian aircraft carriers takes place in accordance with the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended in 1989, for which the Minister for Transport has responsibility. This legislation is concerned specifically with the carriage of munitions of war and weapons and allows the Minister for Transport to issue exemptions for the carriage of such goods. There is no requirement for the identification of any specific military unit being transported.

Permission for foreign military aircraft to land is a matter for the Minister for Foreign Affairs, must take place in accordance with the provisions of the Air Navigation (Foreign Military Aircraft) Order 1952, and is normally granted on conditions including that the aircraft be unarmed and not carrying arms, ammunition and explosives. Records show that the landing of the C-130 at Baldonnel military aerodrome in late March took place in conformity with these criteria.

The flying of the "jolly Roger", which is an informal flag with no particular status, was queried with the US Embassy. The embassy confirmed that the hoisting of unauthorised flags on US military aircraft is not permitted. Any further action would be a matter for the US authorities.

School Staffing.

Pat Carey

Question:

213 Mr. Carey asked the Minister for Education and Science if he will consider the appointment of a full-time resource teacher to a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [10445/04]

The school referred to by the Deputy has the services of a full-time resource teacher and part-time resource teaching hours together with a shared learning support teacher. My Department has received applications for additional special educational resources from the school in question. SER applications received between 15 February and 31 August 2003, including those made by this school, are being considered. 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 on 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. 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 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, 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.

My Department is reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have initiated discussions on the matter with representative interests. At this stage, it would be premature to anticipate the outcome. I can confirm, however that the basic purpose of that review is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

Departmental Properties.

Phil Hogan

Question:

214 Mr. Hogan asked the Minister for Education and Science if ownership of the property of a school (details supplied) in County Kilkenny, can be transferred to Castlecomer Enterprise Group. [10446/04]

The matter of the transfer of ownership of the property of County Kilkenny Vocational Education Committee, at Castlecomer, County Kilkenny, to the Castlecomer Enterprise Group is under consideration. My Department will be in contact with the committee as soon as a decision is made.

School Staffing.

Phil Hogan

Question:

215 Mr. Hogan asked the Minister for Education and Science if extra resource hours will be allocated to persons (details supplied) in County Kilkenny; and if he will make a statement on the matter. [10447/04]

The school referred to by the Deputy currently has the services of a part-time resource teacher together with a shared learning support teacher. I can confirm that my Department has received applications for additional special educational resources (SER) from the school on behalf of the pupils in question.

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. 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 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, 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.

Educational Projects.

Olwyn Enright

Question:

216 Ms Enright asked the Minister for Education and Science the reason Mountmellick has been included in the pilot education project for County Laois with the Mountrath area; the objective of the project; and if he will make a statement on the matter. [10472/04]

The largely homogenous nature of the Mountmellick and Mountrath areas together with their relative close proximity to one another combine to make it a suitable starting point for an area development plan. Additionally, the imminent closure of Ballyfin College requires an exploration of all available options to cater for the residue of pupils following the closure. That is why it was thought that the Mountmellick-Mounthrath area should be considered in its totality under one plan. The purpose of area development plans, which is a radical new approach to school planning, is to ensure that, in future, the provision of school infrastructure will be decided only after a transparent consultation process. Thus parents, trustees, sponsors of prospective new schools and all interested parties from a locality will have the opportunity to make their voices heard in the process. Following the consultation process, individual plans will set out the blueprint for schools' development in an area covering a period of up to ten years. The plan will form the basis against which all capital funding decisions for the area will be made over that period of time.

School Transport.

Jim O'Keeffe

Question:

217 Mr. J. O’Keeffe asked the Minister for Education and Science the reason the school transport problem affecting many of the students attending a school (details supplied) in County Cork, has not been resolved; the further reason the solution of a common catchment area, which was proposed some years ago, has not been adopted; and if his attention has been drawn to the huge continuing hardship to a large number of parents and students arising from the failure to resolve the problem. [10485/04]

I should explain that for the purpose of the post-primary education scheme, the country has been divided into catchment areas, each of which has its own post-primary centre. While it is the prerogative of parents to send their children to the school of their choice, it is not the object of the school transport scheme to facilitate parents in exercising that choice. Recognised post-primary pupils who live at least three miles from the post-primary centre of the catchment area in which they reside, are eligible for transport under the scheme to that centre. Eligible pupils who wish to attend a post-primary centre other than their appropriate one may be allowed transport from within the catchment boundary of the centre being attended, subject to there being spare accommodation available on the service and provided that no additional State cost is incurred.

It is the practice of my Department to consult with local educational interests, where any adjustment is being proposed to the existing catchment boundary arrangements. I will keep the Deputy informed of any developments in this regard.

Dan Neville

Question:

218 Mr. Neville asked the Minister for Education and Science if he will report on the most recent review of the school transport section in relation to catchment areas. [10491/04]

The revision of catchment areas is addressed by the planning unit of my Department as the need arises. It is the practice of my Department to consult with local educational interests, where any such adjustments are being contemplated.

Schools Building Projects.

John McGuinness

Question:

219 Mr. McGuinness asked the Minister for Education and Science the status of a building project required at a school (details supplied) in County Kilkenny; the stage the project is at; and if it can be expedited. [10492/04]

An application for grant-aid towards improvement works has been received from the management authorities of Creenkill national school, Gatmabawn, County Kilkenny. As I announced in the 2004 school building programme, a key strategy will be grounded on the budget day announcement of multiannual allocations for capital investment in education projects. All projects not going to construction as part of the 2004 school building programme will be re-evaluated with a view to including them as part of a multiannual building programme from 2005 onwards. The application from Creenkill will be considered in this context.

Teaching Qualifications.

Denis Naughten

Question:

220 Mr. Naughten asked the Minister for Education and Science if, further to correspondence (details supplied), he will address the issue concerned; and if he will make a statement on the matter. [10503/04]

At primary level teachers are class teachers rather than subject specialists and must be qualified to teach the range of primary school subjects to children aged from four to 12 years. Accordingly, applicants must satisfy my Department that they are competent to teach the Irish language and to teach the range of primary school curricular subjects through the medium of Irish before being granted full recognition to teach in mainstream classes in national schools. Teachers trained outside the jurisdiction of the State, whose qualifications have been assessed and accepted by my Department, but who do not possess an appropriate Irish language qualification, are granted a five year period of provisional recognition to teach in mainstream classes in national schools. During this period these teachers are expected to obtain their Irish language qualification in order to become fully recognised. These teachers are remunerated in the same manner as fully qualified teachers during this period. In order to satisfy the Irish language requirements for recognition as a primary teacher, applicants, who have been granted provisional recognition, must pass the written, aural and oral parts of the Scrúdú Cáilíochta sa Ghaeilge. Candidates who have Irish to primary degree level may be granted an exemption from paper II of the SCG and provide certification that they have resided in the Gaeltacht while attending an approved three-week course or its aggregated equivalent either in one-week blocks or in a combination of one-week and two-week blocks. On successful completion of the SCG, my Department pays a grant of €431.71 to the individual concerned towards the cost of attendance at the Gaeltacht course.

The standard required to obtain a pass in the SCG is the standard of Irish that would enable teachers to teach the language to sixth class in a national school. Candidates must therefore demonstrate that they have attained the level of language competence described in the syllabus and reflected in the examination papers, and that they understand the methodology of teaching Irish as a second language. It must be borne in mind that many primary schools not only teach Irish but also have Irish as the principal language of instruction and communication generally. The number of such schools has grown significantly in recent years. A primary teacher may have to teach pupils whose mother tongue is Irish, or who are competent users of the language. Even when teaching Irish to pupils whose mother tongue is English or another language, it is widely accepted by language teachers that, in order to be effective, the teacher needs to have a very good command of the language.

I established a working group to review all aspects of the syllabus and examination for the SCG in 2001 which recently submitted its report to me. A copy of the report has been published on my Department's website. Issues dealt with in the report include the content and format of the examination modules, the standard of the examinations, courses of study for applicants for the examinations and the period of provisional recognition granted to applicants within which they are expected to pass the SCG. The report is under consideration and decisions on its recommendations contained in it will be taken very shortly. The working group earlier drafted an interim syllabus which was circulated to all schools in December, 2002. The SCG examinations held in October, 2003 were the first series of SCG examinations to be based on this syllabus copies of which, including a reading list of prose and poetry to be studied for the examinations, are available on request from Primary Administration Section 1, Department of Education and Science, Cornamaddy, Athlone, County Westmeath.

An updated language syllabus for the SCG has also been published on the Department's website together with a handbook for the examination which was drafted by the working group. The handbook contains detailed information on the SCG and provides answers to a wide range of questions raised by candidates. It is planned to produce a textbook of relevant prose and poetry for future examinations.

School Curriculum.

Emmet Stagg

Question:

221 Mr. Stagg asked the Minister for Education and Science the reason for the delay in providing a leaving certificate curriculum in technology; when the matter will be addressed; and if he will make a statement on the matter. [10507/04]

Technology is provided for junior cycle students in 165 schools. While there is no follow-on subject in the senior cycle, there are three recognised technological subjects at leaving certificate level namely, engineering, construction studies and technical drawing which can be pursued by students who have studied technology at junior cycle level. The National Council for Curriculum and Assessment began the process of reviewing the three technological subjects at leaving certificate level and of producing of a new syllabus for a follow-on subject for junior cycle technology in the early 1990s.

Four syllabi are now with my Department for consideration. These are: engineering technology — formerly engineering; architectural technology — formerly construction studies; design and communication graphics — formerly technical drawing; and technology for which there is no equivalent leaving certificate subject. The opportunity to develop the four syllabi simultaneously has enabled each subject in this suite of interrelated subjects to take cognisance of the other three, resulting in a high degree of streamlining between the subjects. However, all four syllabi, in their revised/new state, represent a fundamental shift from the syllabi operating in schools in terms of content, pedagogy, assessment arrangements and resource implications. Consequently, the implementation plan for the four syllabi will need to take account of a wide range of school-based and system-wide factors and will necessarily be complex. The NCCA is working on an implementation plan that will inform the decisions my Department will make in this regard.

Disadvantaged Status.

Jimmy Deenihan

Question:

222 Mr. Deenihan asked the Minister for Education and Science if a school (details supplied) in County Kerry, will be designated a disadvantaged school; and if he will make a statement on the matter. [10510/04]

Any decision to expand or extend any of the initiatives aimed at tackling educational disadvantage is being considered in the context of a broad review of all such initiatives which is under way in my Department. I anticipate that the review process will be completed shortly.

Psychological Service.

David Stanton

Question:

223 Mr. Stanton asked the Minister for Education and Science if, when the national education psychological service following assessment recommends that a child needs a certain number of resource hours allocation, his Department will take steps to ensure that the allocation is made available; if his attention has been drawn to the instances in which NEPS recommendations have not been followed due to monetary and staffing resource shortages; and if he will make a statement on the matter. [10511/04]

My Department considers applications by schools for special education resources on the basis of the provisions of the relevant official circulars. Copies of these circulars are posted on my Department's website. I am not aware of any case where procedures were not followed due to monetary or staffing resource shortages.

My Department is reviewing existing arrangements for the allocation of SER supports to primary schools and my officials have initiated discussions on the matter with representative interests. At this stage, it would be premature to anticipate the outcome. I can confirm, however that the basic purpose of that review is to ensure that each school has the level of resources required to cater for its pupils with special educational needs. Outstanding SER applications will be processed on the basis of the arrangements introduced as a result of the review.

School Transport.

John McGuinness

Question:

224 Mr. McGuinness asked the Minister for Education and Science if school transport or grants towards the cost of school transport will be arranged as a matter of urgency in the case of persons (details supplied) in County Kilkenny who are attending a school (details supplied) in County Kilkenny; and if a response will be given in view of the exceptional circumstances of the case. [10515/04]

A report on this case has been requested from Bus Éireann. The Deputy will be advised of the position as soon as the report has been received and assessed.

Site Acquisitions.

Richard Bruton

Question:

225 Mr. R. Bruton asked the Minister for Education and Science if his attention has been drawn to the fact that Dublin City Council is reserving a site for a school (details supplied) in Dublin 9 as part of a larger public private partnership, but is threatened by the failure of his Department to confirm whether it has made provision to purchase the site from the Estimates 2004; and the position regarding same in view of the fact that there is no risk of an adverse move in the price as a result of a clear commitment from his Department. [10548/04]

My Department is considering a number of options for the long-term accommodation needs of the school to which the Deputy referred including the possible purchase of a site. However, due to the commercial sensitivities surrounding site acquisitions generally, I am unable to comment on specific site purchase issues.

Schools Building Projects.

Michael Ring

Question:

226 Mr. Ring asked the Minister for Education and Science when funding will be sanctioned for an extension to a school (details supplied) in County Mayo; the stage the process is at; and when works will commence on the building. [10554/04]

The large-scale building project for the school referred to by the Deputy is listed in section 2 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project is at stage 3 — detailed plans and costs — of architectural planning.

This school was offered a devolved grant under the small schools initiative, however, the grant was not accepted. Accordingly, it is planned to progress this project to the next stage of architectural planning during 2004. Indicative timescales have been included for large-scale projects proceeding to tender in 2004. The budget announcement regarding multiannual capital envelopes will enable me to adopt a multiannual framework for the school building programme, which in turn will give greater clarity regarding projects that are not progressing to tender in this year's programme including the school in question. I will make a further announcement in that regard during the year.

Michael Ring

Question:

227 Mr. Ring asked the Minister for Education and Science when funding will be sanctioned for an extension to a school (details supplied) in County Mayo; the stage the process is at; and when works will commence on the building. [10555/04]

A large-scale building project for the school referred to by the Deputy 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 stage 1-2 — developed sketch — of architectural planning. My Department has assigned it a band 3 rating, in accordance with the published criteria for prioritising large-scale projects. The budget announcement regarding multiannual capital envelopes will enable me to adopt a multiannual framework for the school building programme which in turn will give greater clarity regarding projects that are not progressing to tender in this year’s programme including the school to which the Deputy referred. I will make a further announcement on that during the year.

Special Educational Needs.

Pat Rabbitte

Question:

228 Mr. Rabbitte asked the Minister for Education and Science when he will give the information promised in his reply to Parliamentary Question No. 235 of 10 February 2004 (details supplied); the reason for the delay in responding; if he will respond and accede to the request for nine hours tuition per week; and if he will make a statement on the matter. [10556/04]

My officials have considered the matter referred to by the Deputy and a response will issue to the family of the person in question within the next few days.

Site Acquisitions.

Seán Ó Fearghaíl

Question:

229 Mr. Ó Fearghaíl asked the Minister for Education and Science if, in progressing the provision of a new primary school at Nurney, County Kildare, he will have regard to the fact that €130,000 was raised locally for the purchase of a site; and if he will accordingly waive the need for further local financial contribution. [10579/04]

Under current funding arrangements, the amount of the local contribution for new schools is 5% of the cost up to a maximum contribution of €63,000. These arrangements are of a general application and it is not open to my Department to depart from them in individual cases.

School Transport.

Seán Ó Fearghaíl

Question:

230 Mr. Ó Fearghaíl asked the Minister for Education and Science if a remote area boarding grant for a person (details supplied) in County Kildare wishing to attend a school (details supplied), will be approved in view of the fact that this person cannot readily access a school (details supplied) in County Dublin, due to the fact that their home is 20 miles away and not on a direct bus route. [10580/04]

My Department is investigating the case referred to by the Deputy further with Bus Éireann, who operate the school transport scheme on behalf of my Department. When the position is clarified, my officials will be in further contact with the Deputy.

Schools Recognition.

Joan Burton

Question:

231 Ms Burton asked the Minister for Education and Science the situation in relation to the proposed Educate Together school for the Ongar and Clonee area; if his Department will give the school the go-ahead; and when the school can expect to operate. [10581/04]

Based on the recommendations of the Commission on School Accommodation, I put a revised application procedure in place for the recognition of new primary schools. The revised procedure applies to schools intending to commence operation from 1 September 2003, on. Under the procedure, the New Schools Advisory Committee assesses applications, consults with interested parties and reports to me.

An application from Educate Together to establish a new school in the Castaheany, Ongar and Clonee area is one of a number of applications for recognition being assessed by the New Schools Advisory Committee. A decision on the application will be communicated to the patron body and made public by me no later than 16 April 2004.

School Accommodation.

Joan Burton

Question:

232 Ms Burton asked the Minister for Education and Science if his attention has been drawn to the serious concerns being expressed by parents about the availability of places at a school (details supplied) in Dublin 15, for September 2004 and September 2005, and the number of children who may not obtain places in the school; when the permanent building will proceed; and the number of children the school is expected to cater for. [10582/04]

The proposed new school for Mary Mother of Hope NS, Littlepace, Clonee, Dublin 15, is listed in section 1 of the 2004 school building programme which is published on my Department's website at www.education.ie. Tenders for the project were recently received and it is estimated that the project will go on site in June 2004. The project is for a 16 classroom school. When the project is completed, it is anticipated that the new building together with the high quality prefabricated structure currently in place will cater for 700 pupils.

Officials in the school planning section of my Department are continually monitoring the demand for primary school places in the Clonee — Ongar area. Mary Mother of Hope NS will continue to be supported with additional temporary accommodation until the permanent building is in place to ensure that an adequate amount of pupil places is available to meet any emerging demand.

School Staffing.

Paul Connaughton

Question:

233 Mr. Connaughton asked the Minister for Education and Science the position regarding an application for resource teaching for a person (details supplied) in County Galway; and if he will make a statement on the matter. [10583/04]

My Department has received an application from the school to which the Deputy referred on behalf of the pupil in question for special educational resources. The school has the services of a full-time resource teacher and a shared learning support teacher. SER applications received between 15 February and 31 August 2003, including the one made by this school, are being considered. 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. A dedicated team comprising members of my Department's inspectorate and the national educational psychological service has reviewed the balance of more than 4,000 applications. 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 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, issued in September 2003, which contains practical advice on how to achieve the most effective deployment of resources already allocated for special educational needs within the school.

School Placement.

Arthur Morgan

Question:

234 Mr. Morgan asked the Minister for Education and Science when a person (details supplied) in County Louth will obtain a place at a school (details supplied) in County Louth. [10584/04]

I have made arrangements for my officials to investigate the matter to which the Deputy referred and contact will be made with the school in question.

Youth Services.

David Stanton

Question:

235 Mr. Stanton asked the Minister for Education and Science the schools which the Minister of State for youth affairs has visited and intends to visit to discuss young people and politics; the matters raised; the actions the Minister of State intends to take as a result of these meetings; and if he will make a statement on the matter. [10655/04]

The Minister of State for youth affairs, Deputy de Valera, visited 36 second-level schools where she met fifth and sixth year students to discuss the theme of young people and politics. The theme was chosen to promote an interest in EU affairs among young people during the Irish EU Presidency. These visits presented the young people with an opportunity to express their views on what being part of Europe means to them and gave the Minister of State the opportunity to present and disseminate information on the importance of the period of change that lies ahead and to facilitate them in making a real contribution to the debate at national and European levels. A comprehensive and wide range of views and suggestions was raised during these visits on issues relating, for example, to the EU, young people and politics, youth participation, concerns of young people, etc. Deputy de Valera will take these views into account in future policy expansion and formulation for young people at national and EU levels.

The Minister of State visited the following schools: Larkin community college, Dublin 1; Sacred Heart secondary school, Tullamore, County Offaly; Rice College, Ennis, County Clare; St. Anne's community college, Killaloe, County Clare; Presentation secondary school, Galway; St. Joseph's College, Athlone, County Westmeath; St. Patrick's community college, Naas, County Kildare; Carlow vocational school, Carlow; Coláiste Mhuire, Johnstown, Kilkenny; St. Vincent's secondary school, Cork; St. Joseph's College, Lucan, County Dublin; St. Vincent's secondary school, Dundalk, County Louth; St. Joseph's secondary school, Navan, County Meath; St. Flannan's College, Ennis, County Clare; Mary Immaculate secondary school, Lisdoonvarna, County Clare; Ennis community college, County Clare; Kilrush community school, County Clare; St. Thomas' community college, Bray, County Wicklow; St. Mark's community school, Tallaght, Dublin 24; Mercy secondary school, Tralee, County Kerry; Limerick Senior College, Limerick; Coláiste Mhuire, Ennis, County Clare; Shannon comprehensive school, County Clare; Loreto Convent, Letterkenny, County Donegal; Summerhill College, Sligo; St. Mary's secondary school, Ballina, County Mayo; community school, Castlerea, County Roscommon; community school, Carrick-on-Shannon, County Leitrim; Beech Hill College, Monaghan; Cavan vocational school, Cavan; Meán Scoil Muire, Longford Town; vocational school, Thurles, County Tipperary; Portlaoise vocational school, County Laois; Coláiste Dhúlaigh, Coolock, Dublin 17; St. Mary's CBS, Enniscorthy, County Wexford; Our Lady of Mercy secondary school, Waterford.

Summer Works Scheme.

John Bruton

Question:

236 Mr. J. Bruton asked the Minister for Education and Science if additional funds for a school (details supplied) will be provided to improve the quality of the drinking water in the school; if funding will be available for insulation in the school building to provide the installation of a trip switch in the electrical mains in the school and to allow the roof to be repaired and the ceiling replaced; and if he will make a statement on the matter. [10656/04]

An application for these works was made to my Department's planning section under the summer works scheme 2004, however the application was unsuccessful. Each unsuccessful applicant under the summer works scheme 2004 will receive a letter from my Department outlining the reason why works were not approved. The 2005 scheme will be announced later this year.

School Transport.

Denis Naughten

Question:

237 Mr. Naughten asked the Minister for Education and Science the number of primary, post primary and special needs pupils availing of the school transport service in each year from and including 1996 to 1997 for each group; the cost of the service in each year; the parental contribution in each year; and if he will make a statement on the matter. [10669/04]

The information requested by the Deputy is being collated by my Department and will be forwarded to him, as soon as possible.

Schools Building Projects.

Cecilia Keaveney

Question:

238 Cecilia Keaveney asked the Minister for Education and Science the position regarding an extension for a school (details supplied) in County Donegal; and if he will make a statement on the matter. [10673/04]

Seán Crowe

Question:

256 Mr. Crowe asked the Minister for Education and Science if his attention has been drawn to the appalling conditions (details supplied) that staff and pupils of a school (details supplied) in County Donegal have had to endure over the past number of years; and the action he proposes to take to resolve this disgraceful situation. [10898/04]

I propose to take Questions Nos. 238 and 256 together. A large-scale building project for the school to which the Deputy referred 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 has been assigned a band 3 rating and is at early stages of architectural planning. When publishing the 2004 school building programme, I outlined that my strategy will be grounded in capital investment based on multiannual allocations. My officials are reviewing all projects which were not authorised to proceed to construction as part of the 2004 school building programme, with a view to including them as part of a multiannual school building programme from 2005 and I expect to be in a position to make further announcements on this matter in the course of the year.

While the school's application under the summer works scheme for 2004 was unsuccessful it is open to the school's management authority to apply for the 2005 summer works scheme when the scheme is announced later this year. All applications received for the 2004 summer works scheme were assessed and categorised by reference to the criteria detailed in appendix B of the circular letter governing the scheme: Prim 34-03. The available funding was then distributed on a top-down basis in accordance with the categorisation hierarchy. The purpose of this approach is to ensure precise targeting of funding. The school authority should use the devolved grant which my Department pays annually to deal with any urgent health and safety works.

Adult Education.

Jan O'Sullivan

Question:

239 Ms O’Sullivan asked the Minister for Education and Science if and when he will meet with the Dún Laoghaire branch of the TUI, as requested, to discuss the capping of student numbers in the further education sector and the implementation of the recommendations of the McIver report. [10674/04]

In the current academic year the enrolments on PLC courses in certain schools and colleges have exceeded the number of places approved. Teacher allocations for 2004 and 2005 and capitation grants have been allocated on the basis of the approved number of places or the numbers enrolled. In the 2003 — 2004 academic year nearly 28,700 places were approved. My Department is considering appeals from the VECs, schools and colleges for the recognition of the excess numbers enrolled for the purposes of teacher allocations and grants and a decision in the matter will be taken shortly in the light of the totality of demands for teaching resources across the system. At national level, meetings about the matter have been held recently between officials and representatives of the management and TUI interests in the sector. I have no plans to meet with the Dún Laoghaire branch of the TUI at this time.

The post-leaving certificate review was commissioned to examine the sector and make recommendations as necessary regarding the organisational, support, development, technical and administrative structures and resources required in schools with large scale post leaving certificate provision. The final report was completed in April, 2003. The recommendations of the report are wide-ranging and encompass proposals that extend beyond PLC provision. The report poses considerable challenges for the shaping of structures for the delivery of further and adult education into the future. Having regard to the number and scope of the recommendations in the report, further consultations with all the relevant interests about prioritisation of the recommendations will be necessary during 2004.

Teaching Qualifications.

Brian O'Shea

Question:

240 Mr. O’Shea asked the Minister for Education and Science his proposals to reform the points system in regard to the points required for the higher diploma in education course by granting more points for teaching experience; and if he will make a statement on the matter. [10718/04]

The Higher Diploma in Education (NUI) Applications Centre was founded in 1998 to accept applications for admission to postgraduate courses in the four constituent universities of the National University of Ireland. The purpose of the centre is to accept and process applications centrally for the higher diploma in education in these universities. The Higher Diploma in Education (NUI) Applications Centre is agent for, and acts on behalf of, the universities, participating in the application system and the application regulations, procedures and timetable are agreed annually by these universities. Applicants are awarded points on the basis of performance in their primary degree, any additional relevant academic qualifications and teaching experience.

In the case of Trinity College applicants apply directly to the university and places on the higher diploma in education course are awarded on the basis of academic qualifications and the results of a competitive interview process. I have no proposals at present to reform the current system in relation to the selection process for the higher diploma in education programme.

Schools Building Projects.

Gerard Murphy

Question:

241 Mr. Murphy asked the Minister for Education and Science when sanction will be given to a school (details supplied) in County Cork, to go ahead with works to build staff and visitor toilet facilities under the improvement works scheme. [10719/04]

Applications for capital funding are prioritised and considered for inclusion in the school building programme. The 2004 school building programme was published in December 2003 and is available on my Department's website www.education.ie as are details of the criteria used in prioritising projects.

Gerard Murphy

Question:

242 Mr. Murphy asked the Minister for Education and Science the reason behind his Department’s decision to allocate €250,000 to a school (details supplied) in County Cork, in view of the fact that the new school, as had been promised, will now cost in the region of €750,000 and in view of matters (details supplied). [10720/04]

Gerard Murphy

Question:

246 Mr. Murphy asked the Minister for Education and Science the position regarding a school (details supplied) in County Cork; and the date that a review (details supplied) will take place. [10747/04]

I propose to take Questions Nos. 242 and 246 together.

The Aghina national school building project was listed in section 4 of the 2003 school building programme which was published on my Department's website at www.education.ie. It was planned that this project would be authorised to proceed to construction during 2003 subject to significant cost savings and a review of the enrolment levels later in the year. The school enrolment had declined significantly over the last number of years. Accordingly, the Department’s schools inspector visited the school to ascertain the enrolment intake in September 2003. The enrolment at September 2003 had fallen to 25 pupils. Department officials met with the chairperson and representatives of the board of management of the school last December and again on 22 March last, to discuss issues relating to the proposed school building project. An all-in grant of €250,000 was offered to the school management to address the accommodation issue. My Department is considering a response received from the school management regarding the building project and the proposed grant and will be responding to the board shortly.

Schools Amalgamation.

Richard Bruton

Question:

243 Mr. R. Bruton asked the Minister for Education and Science the position in connection with the proposal to amalgamate a school (details supplied) in Dublin 24; if the school authorities in question have brought this matter to his attention to date; his views on such a proposal; and if he will make a statement on the matter. [10721/04]

Pat Rabbitte

Question:

248 Mr. Rabbitte asked the Minister for Education and Science if his attention has been drawn to a proposal to amalgamate two primary schools (details supplied) in Dublin 24; his views on this proposal; the process which will be followed; the rights which parents have in the matter; if his approval for an ultimate amalgamation will be necessary; and if he will make a statement on the matter. [10749/04]

I propose to take Questions Nos. 243 and 248 together.

My Department has been formally notified that the schools to which the Deputies refer are exploring the possibility of an amalgamation. The chairperson of the boards of management has confirmed that the parents will be consulted on this issue. Any decision to amalgamate will require the formal approval of my Department.

Further Education.

Seán Ó Fearghaíl

Question:

244 Mr. Ó Fearghaíl asked the Minister for Education and Science the number of students participating in PLC courses in County Kildare in the academic year 2003/2004. [10722/04]

My Department approved 359 PLC places in respect of schools in County Kildare for the 2003-04 academic year. Statistical returns indicate that 334 PLC students were enrolled in such schools on 30 September, 2003.

Seán Ó Fearghaíl

Question:

245 Mr. Ó Fearghaíl asked the Minister for Education and Science if it is the intention of his Department to cap the number of participants in PLC programmes for 2004-2005; and if he will make a statement on the matter. [10723/04]

Each year, VECs, colleges and schools are required to forward their proposals for the provision of post-leaving certificate courses to the Department for approval. My Department is receiving applications for approval of PLC places for the 2004-05 academic year. However, many more applications are expected in the course of April 2004. Decisions in the matter of the management of PLC places will be taken later this year in the light of all demands for courses and teaching resources across the system.

Question No. 246 answered with QuestionNo. 242.

Joe Costello

Question:

247 Mr. Costello asked the Minister for Education and Science the reason he has capped the number of PLC student places for each school college for 2003-2004; if his attention has been drawn to the negative effects this capping will have on courses and on educational opportunities for some of the most vulnerable members of society; and if he will make a statement on the matter. [10748/04]

In the current academic year the enrolments on PLC courses in certain schools and colleges have exceeded the number of places approved by my Department. Teacher allocations for 2004-05 and capitation grants have been allocated on the basis of the approved number of places or the numbers enrolled. In the 2003-04 academic year nearly 28,700 places were approved. My Department is considering appeals from the VECs, schools and colleges for the recognition of the excess numbers enrolled for the purposes of teacher allocations and grants and a decision in the matter will be taken shortly in the light of the totality of demands for teaching resources across the system.

Question No. 248 answered with QuestionNo. 243.

Schools Building Projects.

Emmet Stagg

Question:

249 Mr. Stagg asked the Minister for Education and Science, further to Parliamentary Question No. 317 of 24 February 2004, if he will answer the questions originally posed; if he will visit the school, if he will direct an inspector from his Department to investigate the issue; and if he will make a statement on the matter. [10764/04]

The Deputy will be aware that my Department's 2004 capital programme has been published and is available also on my Department's website at www.education.ie. On the basis of the budgetary allocation it was not possible to include this project in the list of new projects to commence in 2004. The project will be considered further in the context of the 2005 capital programme.

Schools Refurbishment.

Emmet Stagg

Question:

250 Mr. Stagg asked the Minister for Education and Science the applications on hand from a school (details supplied) in County Kildare, in respect of grant aid for furniture and equipment; the details of same; and if he will make a statement on the matter. [10767/04]

In addition to the grant aid for the construction of a new eight classroom school, including a double autistic unit for North Kildare Educate Together school my Department has also provided €6,500 for furniture and equipment in the school's newly established autistic unit. Grant aid in the amount of €15,638.19 for furniture and equipment in the school was issued to the board of management of the school on 13 January 2004.

Schools Building Projects.

Emmet Stagg

Question:

251 Mr. Stagg asked the Minister for Education and Science the action being taken by the OPW in regard to actively seeking the acquisition of a site for the new school to replace a school (details supplied) in County Kildare; and if he will make a statement on the matter. [10768/04]

The property management section of the OPW, which acts on behalf of my Department in regard to site acquisitions, is currently exploring the possibility of acquiring a site for Kill national school, Kill, County Kildare.

Due to the commercial sensitivities of site acquisitions, it is not proposed at this stage to identify specific sites to be acquired. However, this information will be placed on my Department's website when the relevant acquisitions have been completed.

School Accommodation.

Emmet Stagg

Question:

252 Mr. Stagg asked the Minister for Education and Science if agreement has been reached in regard to the provision of additional accommodation at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [10769/04]

I am pleased to advise the Deputy that provision was made for additional accommodation to be provided at Naas CBS as part of my recent announcement of an additional €30 million investment in school buildings. The school has accepted the schedule of accommodation to be provided.

Officials from my Department are currently liaising with the school and its design team in regard to the design and delivery of this accommodation.

Psychological Service.

Emmet Stagg

Question:

253 Mr. Stagg asked the Minister for Education and Science the number of educational psychologists needed to be employed by the NEPS to ensure that all primary school children receive a service which they require; the net number of additional educational psychologists which will be employed in 2004; and if he will make a statement on the matter. [10770/04]

In 1998, a planning group representative of all the partners in education produced a report for my Department entitled A National Educational Psychological Service. The planning group examined staffing levels of educational psychology services in other jurisdictions and also investigated the likely prevalence of problems for school children that would need psychological intervention.

Arising from its investigations, the planning group estimated that 200 psychologists would be needed in the educational system as a whole in order to meet the needs of children in both primary and post-primary schools. In 1998, there were found to be 16 psychologists working in the city and county of Dublin vocational education committees and in the schools for young offenders, leaving a final total of 184 to be deployed within the national educational psychological service.

The Government accepted the findings of the planning group and recruitment for NEPS began in 1999. At present there are 126 psychologists in NEPS. Four more psychologists will take up employment after Easter 2004, and my Department is currently processing one more offer of employment to be taken up as soon as possible.

Schools Building Projects.

Emmet Stagg

Question:

254 Mr. Stagg asked the Minister for Education and Science if a costing has been estimated on the required extension to a school (details supplied) in County Kildare; if so, the amount involved; if the project can be included for consideration for funding from the secondary contingency fund if funds are available and unspent and from sums which might not be expended from the secondary sites fund; and if he will make a statement on the matter. [10773/04]

A large-scale building project for Maynooth post-primary school, Moyglare Road, County Kildare, is listed in section 9 of the 2004 capital programme.

The proposed extension consists of 1836 m2 for a long-term projected enrolment figure of 850 pupils. It is not possible to release the estimated costings for the project as its disclosure could prejudice the tender outcome and could result in financial loss to the Department.

This project is at stage three of architectural planning which involves a detailed sketch scheme detailing room layouts, etc. It has been assigned a band three rating by the Department in accordance with the published criteria for prioritising large-scale projects.

The contingency fund is used for unforeseen emergencies that arise during the year and cannot be used to advance a building project.

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

Special Educational Needs.

Jan O'Sullivan

Question:

255 Ms O’Sullivan asked the Minister for Education and Science if and when he will respond to the application for emergency funding for a school (details supplied) in County Donegal to install a lift for a person (details supplied) who uses a wheelchair and whose class will be situated upstairs next year; and if he will make a statement on the matter. [10887/04]

An application under the summer works scheme was received from the school referred to by the Deputy.

All applications received were assessed and categorised by reference to the criteria detailed in appendix B of the circular letter governing the scheme — Prim 34/03. The available funding was then distributed on a top down basis in accordance with the categorisation hierarchy. The purpose of this approach is to ensure precise targeting of funding.

While the school's application under the summer works scheme for 2004 was unsuccessful it is open to the school's management authority to apply for the 2005 summer works scheme when the scheme is announced later this year.

The school authority should ensure that the class is appropriately situated to enable the person to participate fully in school activities and to use the devolved grant which is paid annually by my Department to deal with any urgent health and safety works.

Question No. 256 answered with QuestionNo. 238.

School Transport.

John Ellis

Question:

257 Mr. Ellis asked the Minister for Education and Science if his Department will provide school transport for persons (details supplied) in County Leitrim on the new route proposed by Bus Éireann to his Department four months ago. [10900/04]

Bus Éireann forwarded details of a proposed new route to cater for families referred to in the details supplied by the Deputy.

As there are an insufficient number of eligible pupils offering for transport from the area, it is not open to my Department, under the terms of the school transport scheme, to sanction a new route as requested.

Special Educational Needs.

Seymour Crawford

Question:

258 Mr. Crawford asked the Minister for Education and Science the steps being taken to provide a resource teacher to help with the needs of a person (details supplied) in County Monaghan; when the service will be provided; and if he will make a statement on the matter. [10901/04]

I can confirm that my Department has received applications for special educational resources, SER, from the school referred to by the Deputy, including an application for the pupil in question.

SER applications received between 15 February and 31 August 2003 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 of these cases were responded to before or soon after 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. 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 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.

The arrangements for processing applications received after the 31 August 2003, will be considered in the context of the outcome of discussions on a weighted system of allocation of resource teaching support. A further communication will be sent to schools in this regard.

Industrial Disputes.

Joe Higgins

Question:

259 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources the reason 800 An Post workers are still suspended; and the action he is taking to resolve this dispute. [10514/04]

I understand that talks commenced today between An Post management and the CWU under the auspices of the LRC to find a solution to the IR issues and to set out a basis on which An Post can be restructured and return to profitability with a view to providing sustainable employment for employees and high quality services to consumers. In addition, normal working has recommenced in the Dublin mail centre and all suspended staff have been reinstated.

With regard to the 91 temporary staff who had their contracts terminated as a result of the dispute, I have been informed that the company expects that they will be reinstated this week when mail services return to normal.

Harbours and Piers.

Seán Haughey

Question:

260 Mr. Haughey asked the Minister for Communications, Marine and Natural Resources if he has received a request from a club (details supplied) for the lease of a small premises at Howth Harbour in order to store its equipment; the position in this regard; and if he will make a statement on the matter. [10577/04]

A request for a small premises at Howth fishery harbour centre was received in my Department and acknowledged on 11 February 2004. At present, no suitable properties are available at the harbour.

Fisheries Protection.

Arthur Morgan

Question:

261 Mr. Morgan asked the Minister for Communications, Marine and Natural Resources further to Parliamentary Question No. 99 of 25 March 2004, the policing measures that are in place on Carlingford Lough in regard to aquaculture; the measures that are proposed to prevent unauthorised shellfish removals; and when these will be implemented. [10578/04]

As previously outlined to the House, all movements of bivalve molluscs, including mussels, for relaying purposes, must be authorised with a view to the control of animal disease and the protection of human health.

The Department's fisheries inspectorate monitors activity both from land and, as the need arises, at sea. In addition, operators are required to complete a shellfish gatherers logbook which records, among other information, both the amount of shellfish taken and the location from where it was taken. Documentary checks are also carried out on this aspect of the control procedures.

As I informed the house recently, my Department has received allegations of unauthorised movement of shellfish and is currently carrying out an investigation into these allegations. Once this investigation is completed, consideration can be given as to whether any revision of the existing control procedures is required.

Swimming Pool Projects.

Emmet Stagg

Question:

263 Mr. Stagg asked the Minister for Arts, Sport and Tourism if he will approve the contract documents for the refurbishment of a swimming pool (details supplied) in County Kildare; and if he will make a statement on the matter. [10508/04]

Kildare County Council has applied for grant aid under the local authority swimming pool programme for the replacement of swimming pools in both Naas and Athy. The contract documents for these projects are under consideration in my Department.

Sports Capital Programme.

Michael Ring

Question:

264 Mr. Ring asked the Minister for Arts, Sport and Tourism if he will allocate funding under a lottery grant for a club (details supplied) in County Mayo. [10553/04]

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 November 30 and 1 December 2003. The closing date for receipt of applications was January 16 2004. A total of 1,304 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.

Departmental Bodies.

Bernard J. Durkan

Question:

265 Mr. Durkan asked the Minister for Arts, Sport and Tourism the number of bodies or agencies which report directly to him or his Department or are funded by him; the degree to which they are influenced by his Department in regard to policy; and if he will make a statement on the matter. [10877/04]

Details of bodies and agencies reporting directly to and funded by my Department are set out in the attached appendix.

The policy framework and the necessary funding are provided by my Department to enable the bodies and agencies under its aegis to carry out their functions in the context of achieving the effective delivery of overall government policy. My Department's Statement of Strategy 2003-2005, which is available in the Oireachtas Library and on my Department's website, articulates the Department's mission, high level goals and strategies aimed at the implementation of Government policy in regard to the three sectors for which my Department has responsibility. This is in turn used by bodies and agencies under the aegis of my Department as a basis for their more detailed interpretation of their role in this regard.

The statement of strategy also identifies specific outcomes, outputs, and performance indicators against which policy delivery is measured, with progress reported in my Department's annual report. These reflect the roles played by the relevant bodies and agencies which are monitored through ongoing liaison with these bodies and agencies. My Department's first annual report, is expected to be published in April 2004, and will record satisfactory progress towards the achievement of the goals set out in the statement of strategy.

In the performance of their functions, these agencies are required to have referred to Government policy and to comply with any general policy directives which may from time to time be given to them by the Minister.

Appendix — cultural institutions: the Chester Beatty Library, the National Concert Hall, the Irish Museum of Modern Art; arts: the Arts Council, the Irish Film Board, the Interim Music Board of Ireland; sport: the Irish Sports Council, Horse Racing Ireland, Bord na gCon, Campus Stadium Ireland Development Limited; tourism: Fáilte Ireland, Shannon Development — tourism remit, Tourism Ireland Limited.

Sports Capital Programme.

Bernard J. Durkan

Question:

266 Mr. Durkan asked the Minister for Arts, Sport and Tourism if he expects to be in a position to offer grant aid or other financial assistance to voluntary groups or agencies in 2004 from proceeds of the national lottery; and if he will make a statement on the matter. [10878/04]

The national lottery-funded sports capital programme, which is administered by my Department, allocates funding to sporting clubs and organisations and to voluntary 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 1,304 applications were received before the closing date and these 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 2004 programme as soon as possible after the assessment process has been completed.

My Department's Estimates for 2004 provide €63.6 million for payment of capital grants in respect of the grants to be allocated in 2004 and for those allocated in previous years for which funding had not been drawn down in full to date but would be during 2004.

In addition, my Department funds the Irish Sports Council, ISC, the statutory body with responsibility for the development of sport, increasing participation at all levels and raising standards. Funding for sports and recreation organisations is provided through the ISC. The financial provision for the ISC from my Department's Estimates was increased by 9% to €30.75 million for 2004, of which €29 million is funded through the national lottery to the ISC for the implementation of the policies and programmes established to deliver on three major strategies: increased participation; developing performance and achieving excellence.

Arts Policy.

Bernard J. Durkan

Question:

267 Mr. Durkan asked the Minister for Arts, Sport and Tourism if it is his policy to promote any particular forms of art in the future; and if he will make a statement on the matter. [10879/04]

I refer the Deputy to my reply to a question of Tuesday, 18 November 2003, which sets out the position with specific reference to 2004. I will assess the longer-term position in light of the circumstances applying at any relevant time.

Question No. 268 answered with QuestionNo. 170.

Decentralisation Programme.

Bernard J. Durkan

Question:

269 Mr. Durkan asked the Minister for Arts, Sport and Tourism the progress in the implementation of his Department’s decentralisation programme; and if he will make a statement on the matter. [10882/04]

Following the announcement in the 2004 budget of the decentralisation programme, a decentralisation committee was established within my Department which is currently planning the decentralisation programme in respect of the Department in liaison with the central implementation committee set up under the Department of Finance. The three agencies, Fáilte Ireland, the Arts Council and the Irish Sports Council, also due to decentralise, are represented on this committee.

My Department's committee, which is headed by an assistant secretary, has met on several occasions and has issued a circular letter to staff of the Department in order to keep staff fully briefed on developments. An officer from my Department also attends the decentralisation liaison committee chaired by a principal officer from the Department of Finance. As Minister, I am driving the implementation of the programme in the Department and reporting on a regular basis to the Cabinet sub-committee.

My Department is in close contact with the Office of Public Works in regard to the issue of securing suitable accommodation for the Department and the Sports Council in Killarney, for Fáilte Ireland in Mallow and for the Arts Council in Kilkenny. I understand that a shortlist of sites and buildings has been drawn up. Further meetings are planned between officials of the OPW, my Department and of representatives of the three agencies.

My Department has also sought up-to-date information from the local authorities in the three locations in order to prepare information packs on the locations for staff who express an interest in moving to these locations. Furthermore, the Secretary General of my Department met with the manager and town clerk for Killarney on a recent visit there. The decentralisation committee also plans a visit to the location.

I understand that the central implementation committee, chaired by Mr. Phil Flynn, which was charged with preparing and submitting an overall implementation plan by the end of March to the Cabinet sub-committee has met its deadline. The plan will influence and inform my Department's preparations for decentralisation and will give some information in regard to timelines, etc.

Question No. 270 answered with QuestionNo. 157.
Question No. 271 answered with QuestionNo. 159.
Question No. 272 answered with QuestionNo. 142.
Question No. 273 answered with QuestionNo. 155.

Health Board Services.

Pat Rabbitte

Question:

274 Mr. Rabbitte asked the Minister for Health and Children the number of persons waiting for orthodontic treatment; the reasons for the long delay in providing such treatment; his plans to eliminate this waiting time; and if he will make a statement on the matter. [10462/04]

The provision of orthodontic services is a matter for the health boards-authority in the first instance. The aim of my Department is to develop the treatment capacity of orthodontics in a sustainable way over the longer term. Given the potential level of demand for orthodontic services, the provision of those services will continue to be based, as happens under the existing guidelines, on prioritisation of cases based on treatment need.

The guidelines were issued in 1985. They are intended to enable health boards to identify in a consistent way those in greatest need and to commence timely treatment for them. Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws, such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients and are placed on the orthodontic treatment waiting list. The number of cases treated is dependent on the level of resources available, in terms of qualified staff, in the area, and this is reflected in the treatment waiting list. The provision of orthodontic services is currently severely restricted in some health boards due to the limited availability of trained specialist clinical staff to assess and treat patients. However, I am pleased to advise the Deputy that I have taken a number of measures to address the shortage of specialists and so increase the treatment capacity of the orthodontic service on a national basis.

The grade of specialist in orthodontics has been created in the health board orthodontic service. In 2003, my Department and the health boards funded 13 dentists from various health boards for specialist in orthodontics qualifications at training programmes in Ireland and at three separate universities in the United Kingdom. These trainees for the public orthodontic service are additional to the six dentists who commenced their training in 2001. Thus, there is an aggregate of 19 dentists in specialist training for orthodontics. These measures will complement the other structural changes being introduced into the orthodontic service, including the creation of an auxiliary grade of orthodontic therapist to work in the orthodontic area.

Furthermore, the commitment of the Department to training development is manifested in the funding provided to both the training of specialist clinical staff and the recruitment of a professor in orthodontics for the Cork Dental School. This appointment at the school will facilitate the development of an approved training programme leading to a specialist qualification in orthodontics. The chief executive officer of the Southern Health Board has reported that the professor commenced duty on 1 December 2003. In recognition of the importance of this post at Cork Dental School, my Department has given approval in principle to a proposal from the school to further substantially improve the training facilities there for orthodontics. This project should see the construction of a large orthodontic unit and support facilities. It will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

Orthodontic initiative funding of €4.698 million was provided to the health boards-authority in 2001 and this has enabled health boards to recruit additional staff, engage the services of private specialist orthodontic practitioners to treat patients and build additional orthodontic facilities. In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health boards-authority specifically for the purchase of orthodontic treatment. This funding is enabling boards to provide both additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners. The chief executive officers of the boards-authority have informed my Department of the following information on their treatment waiting lists at the end of December 2003:

Treatment Waiting Lists

Health Board

Category A

Category B

South Western Area

644

474

East Coast Area

52

148

Northern Area

45

2,220

Midland

Nil

210

Mid-Western

Nil

642

North Eastern

9

278

North Western

156

638

South Eastern

Nil

644

Southern

Nil

3,301

Western

Nil

759

The chief executive officers of the health boards-authority have informed my Department that at the end of the December quarter 2003, there were 21,727 children receiving orthodontic treatment in the public orthodontic service. This means that there are over twice as many children receiving orthodontic treatment as there are children waiting to be treated and 4,432 extra children are getting treatment from health boards-authority since the end of 2001.

Health Board Staff.

Michael Ring

Question:

275 Mr. Ring asked the Minister for Health and Children his plans to replace an orthodontist in Merlin Park Hospital; and the number of staff employed in the orthodontic treatment department in Galway. [10463/04]

The recruitment and management of orthodontic staff in the Western Health Board is the statutory responsibility of the chief executive officer. My Department has, therefore, asked the chief executive officer to provide the Deputy with the information in respect of personnel in the orthodontic service as requested.

Health Board Services.

Michael Ring

Question:

276 Mr. Ring asked the Minister for Health and Children the position of a person (details supplied) in County Mayo on the orthodontic treatment waiting list; when they will be called for treatment; and if they can be sent for treatment under the national treatment purchase fund. [10464/04]

Responsibility for the provision of orthodontic treatment to eligible persons in County Mayo rests with the Western Health Board. My Department has asked the chief executive officer to investigate the matter raised by the Deputy and to reply to him directly.

Jerry Cowley

Question:

277 Dr. Cowley asked the Minister for Health and Children if the full file held by the Western Health Board in respect of a person (details supplied) in County Mayo can be made available to this person’s family; when the family can expect to receive a copy of same; and if he will make a statement on the matter. [10465/04]

Responsibility in respect of the matter referred to by the Deputy rests with the Western Health Board. Accordingly, my Department has asked the chief executive officer of the board to reply to the Deputy directly.

Hospitals Building Programme.

Jack Wall

Question:

278 Mr. Wall asked the Minister for Health and Children the funding provided by his Department for the hospital refurbishment in Birr, County Offaly; the number of beds available in the hospital; the number of employees in the hospital; and if he will make a statement on the matter. [10466/04]

I presume the Deputy is referring to the new Birr community nursing unit on which I am delighted to indicate good progress. A new 90-bed community nursing unit is being provided in Birr, County Offaly, at an overall projected sum in the region of €22 million, which includes site acquisition, construction, equipping, fees and any other associated costs. Issues relating to the appropriate levels of staff for the new unit are the subject of ongoing discussion between the Midland Health Board and staff representatives. I am, however, hopeful that these discussions can be completed at an early date, so that the Midland Health Board can proceed with the opening of the unit.

Health Reform Programme.

Joe Sherlock

Question:

279 Mr. Sherlock asked the Minister for Health and Children if Statutory Instrument No. 90 of 2004 (details supplied) will be implemented; and the effect the statutory instrument will have on the Health Act 1970. [10467/04]

I signed the Interim Health Service Executive (Establishment) Order 2004 (S.I. No. 90 of 2004) on 9 March 2004 and it was laid before the Houses of the Oireachtas on 10 March. The order established the Interim Health Service Executive — the interim executive — as a corporate body under the Health (Corporate Bodies) Act 1961, as amended.

The establishment of the interim executive is a critically important part of the implementation of the health sector reform programme. The reform programme, which is based on recommendations in the Brennan and Prospectus reports, will introduce fundamental changes in the health services. One of the primary features is the abolition of the existing health boards and the Eastern Regional Health Authority to be replaced by a Health Service Executive.

Under the establishment order, the interim executive has been given the task of drawing up a plan for the Minister's approval for: the establishment of a unified management structure for the proposed new health service executive; the integration of the existing health board structures into the new health service executive; the streamlining of other statutory bodies, identified in the Prospectus report, to be incorporated in the new structure; the establishment of regional boundaries for the delivery of primary, community and continuing care services; the establishment of procedures to develop a national service plan for the delivery of health services; the establishment of appropriate structures and procedures to ensure the proper governance and accountability arrangements for the proposed health service executive; and the appointment of a chief executive officer.

The interim executive has also been given the task of making the necessary preparations to implement this plan, subject to ministerial approval, so as to ensure as smooth a transition as possible from the existing health board structure to the new health service executive structure. The interim executive will not have any implications for the current statutory role of the health boards and Eastern Regional Health Authority.

I will be bringing forward primary legislation at a later date which will provide the main legislative basis for the implementation of the health sector reform programme. It will establish the new health service executive to replace the Eastern Regional Health Authority and the health boards. It will also provide the legislative basis for other aspects of the reform programme, such as improved governance and accountability, planning and monitoring and evaluation. The establishment of the health information and quality authority, HIQA, on a legislative basis will also be provided for.

As part of the phased implementation of the reform programme, I also intend to bring forward legislation dealing with the membership of the Eastern Regional Health Authority, the area health boards and the health boards, the abolition of the distinction between reserved and executive functions and the assignment of reserved functions of the authority, the area health boards and the health boards to the chief executive officers and the Minister for Health and Children, as appropriate, and amendments to the Health Acts 1947 to 2001 to implement these proposals. I expect to be in a position to publish this Bill shortly.

Hospital Waiting Lists.

Caoimhghín Ó Caoláin

Question:

280 Caoimhghín Ó Caoláin asked the Minister for Health and Children if arrangements will be made for a person (details supplied) in County Donegal to be admitted to the National Rehabilitation Centre in Dún Laoghaire. [10481/04]

My Department has made inquiries into this matter and the National Rehabilitation Hospital has recently confirmed that the individual in question is on its waiting list and that it is not possible at this time to indicate when the individual will be admitted. The Deputy will appreciate that the scheduling of admission to the hospital is a matter for the consultant concerned and is determined solely on the basis of medical priority.

Registration of Health Professionals.

Paudge Connolly

Question:

281 Mr. Connolly asked the Minister for Health and Children if the status of practising physical therapists will be maintained in legislation being prepared for the regulation and supervision of the health and social care professions; and if he will make a statement on the matter. [10482/04]

Action 105 of the health strategy commits my Department to strengthening and expanding provisions for statutory registration of health professionals. In this context, the health and social care professionals Bill, establishing this system of statutory registration for health and social care professionals, is currently being drafted by the Office of the Parliamentary Counsel.

Under the Bill, it is proposed that certain titles will be protected, that is, only those professionals registered with a registration board will be legally entitled to use the protected titles. It is also proposed that it will be an offence under the legislation for an unregistered person to use a protected title. While certain common titles will be protected in the health and social care professionals Bill, the Minister for Health and Children will be empowered to protect additional titles by regulation.

In drafting the legislation, further advice and examination will be required of the many complex legal, competition and public interest issues that arise under the Bill, including in respect of protection of title. To this end, the Deputy may wish to note that my Department commissioned the Institute of Public Administration in June of last year to undertake a study to elucidate various issues raised in the representations made to me concerning the case for and against protection of the title "physical therapist." This report has now been completed and forwarded to stakeholders for their views.

Medical Cards.

John McGuinness

Question:

282 Mr. McGuinness asked the Minister for Health and Children, further to Parliamentary Question No. 361 of 10 February 2004, if a response to the query will be expedited. [10495/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health board-authority. I understand that the Deputy raised this matter previously in a parliamentary question last February and was advised that the CEO of the South Eastern Health Board would investigate the matter raised and reply directly to him. My Department has made further enquiries with the CEO of the health board and have been advised that the matter raised is still under investigation.

Hospital Waiting Lists.

Paul McGrath

Question:

283 Mr. P. McGrath asked the Minister for Health and Children the average number of patients listed for long-term care for each of the past five years; and the most up-to-date statistics for this year in hospitals (details supplied). [10504/04]

The information requested by the Deputy is not routinely collected by my Department. My Department has, therefore, asked the regional chief executive of the Eastern Regional Health Authority to compile the information requested by the Deputy and to forward it to him directly.

Paul McGrath

Question:

284 Mr. P. McGrath asked the Minister for Health and Children the waiting period that exists at Mullingar General Hospital for children to be attended to in the ears, nose and throat clinic; the number of children who are on this waiting list; and the action he proposes to take to alleviate the unacceptable delays. [10506/04]

Responsibility for the provision of services at the Midland Regional Hospital at Mullingar rests with the Midland Health Board. My Department has, therefore, asked the chief executive officer of the board to investigate the matter raised by the Deputy and reply to him directly.

John McGuinness

Question:

285 Mr. McGuinness asked the Minister for Health and Children the reason for the delay in arranging an appointment for a person (details supplied) in County Kilkenny at St. Luke’s Hospital, Kilkenny; if an appointment for them with a paediatrician will be expedited; if there is a waiting list for such a service; the steps he is taking to resolve the issue; and if he will make a statement on the matter. [10520/04]

Responsibility for the provision of services at St. Luke's Hospital, Kilkenny is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply to the Deputy directly.

John McGuinness

Question:

286 Mr. McGuinness asked the Minister for Health and Children the reason for the delay in having a cataract removed in the case of a person (details supplied) in County Kilkenny; the reason the operation promised in January 2004 has been postponed; and if he will make a statement on the matter. [10521/04]

Responsibility for the provision of services for people resident in County Kilkenny is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply to the Deputy directly.

John McGuinness

Question:

287 Mr. McGuinness asked the Minister for Health and Children if a bed can be provided at Castlecomer Hospital, Kilkenny, for a person (details supplied) in County Kilkenny in view of the exceptional circumstances of their case. [10522/04]

As the Deputy will be aware, the provision of health services in the Kilkenny area is, in the first instance, the responsibility of the South Eastern Health Board. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply to him directly as a matter of urgency.

John McGuinness

Question:

288 Mr. McGuinness asked the Minister for Health and Children the reason for the delay in providing a bed at St. Luke’s Hospital, Kilkenny, for a person (details supplied) in County Kilkenny; if this person’s case can be expedited in view of the urgency of the matter and of the case being made by their general practitioner; and the action he is taking to reduce the waiting list in this area. [10523/04]

Responsibility for the provision of services at St. Luke's Hospital, Kilkenny is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply to the Deputy directly.

Medical Cards.

John McGuinness

Question:

289 Mr. McGuinness asked the Minister for Health and Children if an application for a medical card in the case of a person (details supplied) in County Kilkenny will be expedited. [10532/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health board-authority. My Department has therefore asked the CEO of the South Eastern Health Board to investigate the matter raised by the Deputy and reply to him directly.

Departmental Funding.

Dan Neville

Question:

290 Mr. Neville asked the Minister for Health and Children the breakdown by health board of the spending on suicide prevention and research in 2002, 2003 and 2004. [10533/04]

Since the publication of the report of the national task force on suicide in 1998, a cumulative total of more than €17.5 million has been provided towards suicide prevention and for research. This includes an additional €1.110 million in 2002 and a further €655,000 in 2003. A breakdown of the allocation of this additional funding by health board for the years 2002 and 2003 is as follows:

Board

2002

2003

€m

€m

ERHA

0.127

0.150

Midland Health Board

0.000

0.050

Mid-Western Health Board

0.063

0.050

North-Eastern Health Board

0.121

0.050

North-Western Health Board

0.070

0.050

South-Eastern Health Board

0.127

0.050

Southern Health Board*

0.254

0.050

Western Health Board*

0.348

0.205

Total

1.110

0.655

*Includes funding for: the National Suicide Review Group, the National Suicide Research Foundation and the Irish Association of Suicidology.

This year more than €4.5 million is available to the various agencies working towards reducing the level of suicide and attempted suicide in this country. This includes the health boards, the national suicide review group, the Irish Association of Suicidology and the National Suicide Research Foundation. A breakdown of the total funding available to each health board this year is as follows:

Board

2004

€m

ERHA

0.672

Midland Health Board

0.386

Mid-Western Health Board

0.215

North-Eastern Health Board

0.437

North-Western Health Board

0.310

South-Eastern Health Board

0.450

Southern Health Board*

0.875

Western Health Board*

1.188

Total

4.533

*Includes funding for: the national suicide review group, the National Suicide Research Foundation and the Irish Association of Suicidology.

Mental Health Services.

Dan Neville

Question:

291 Mr. Neville asked the Minister for Health and Children the percentage of the health budget for 2004 which is allocated to the psychiatric services. [10534/04]

The Estimate for mental health expenditure in 2004 is €661.35 million, or 6.69% of the total health budget, according to the Revised Estimates for Public Services 2004.

In recent years, significant additional resources have been committed to developing comprehensive, community-based mental health services. This has resulted in a continuing decline in the number of in-patients from 5,192 in 1997 to 3,966 in 2002 with a corresponding increase in the provision of a range of care facilities based in the community to complement in-patient services. There are now 411 community psychiatric residences in the country providing 3,146 places compared to 391 residences providing 2,878 places in 1997.

Since 1997, approximately €90 million additional revenue funding has been invested in the mental health services. In the main, this funding is being used to provide additional medical and health professional staff for expanding community mental health services, increase child and adolescent services, expand the old age psychiatric services, provide liaison psychiatry services in general hospitals and enhance the support provided to voluntary agencies.

Nursing Education.

Dan Neville

Question:

292 Mr. Neville asked the Minister for Health and Children if, in view of the shortage of nursing staff and the limited intake for student nursing placement in the State, there is assistance available to students to complete nurse training courses in Britain. [10535/04]

In addressing the issue of nursing staff shortages, I refer the Deputy to the latest quarterly survey of nursing vacancies by the Health Service Employers Agency, HSEA, which is for the year ending 31 December 2003. The survey shows that there were 994 extra nurses employed in the health service in the year ending 31 December 2003. It also indicates that the vacancy rate now stands at 1.73% nationally, which is the lowest rate recorded since the surveys began. Moreover, the current vacancy rate of 1.73% could be considered to be a normal frictional rate, given that there will always be some level of movement due to resignations, retirements and nurses availing of opportunities to change employment and location.

In 1997, there were 25,233 whole-time equivalent nurses employed in the public health system. By the end of September 2003 this figure had reached 33,442. This is an increase of over 8,200 during the period or 32.5%. These figures highlight the effectiveness of the measures which the Government has undertaken in recent years regarding the recruitment and retention of nurses. Among the most significant of these measures is the increase in the number of nursing training places by 70% since 1998. There are now a total of 1,640 undergraduate training places per annum. This increase in training places will ensure a high and steady number of nursing graduates entering the health service in the future.

I have made inquiries of my colleague, the Minister for Education and Science, Deputy Noel Dempsey, in respect of financial assistance for students undertaking nurse training courses in the UK. Under his Department's higher education grant scheme, maintenance grants are available to eligible students pursuing approved undergraduate courses in other EU member states, including the UK. In general, approved courses are those pursued in a third level institution which is maintained or assisted by recurrent grants from public funds.

Students attending approved courses in other EU member states are subject to the same conditions of funding as students attending approved courses in the relevant State. The main conditions of funding relate to age, residence, means, nationality and previous academic attainment. In addition, tax relief on tuition fees is available in respect of approved courses at undergraduate and postgraduate level in other EU member states.

In recent years, the UK authorities introduced a number of changes in the financial support arrangements for students pursuing courses at further and higher education institutions. This included the introduction of an annual tuition fee for students entering further and higher education institutions for the first time from the 1998-99 academic year and the replacement of maintenance grants by student loans to be phased in from that year also. All EU students, including those from Ireland, are eligible for grant assistance towards the tuition fee, subject to the same conditions as apply to UK students.

Health Board Services.

Pádraic McCormack

Question:

293 Mr. McCormack asked the Minister for Health and Children his plans for the appointment of a second consultant rheumatologist to the Western Health Board; if his attention has been drawn to the fact that there is a four year waiting list for arthritis services in the Western Health Board area; and if he will make a statement on the matter. [10536/04]

The expansion of existing rheumatology services is initially a matter for the Western Health Board, based on relative priority accorded to the service by the board and in the light of available funding.

The funding allocated by Government to the health services in 2004 is designed to maintain the existing level of service in overall terms. The economic position in 2004 is reflected in the approach taken by the Government to spending Estimates in the health sector. The overall pattern in the health service is one of consolidation in 2004, this follows a number of years of rapid expansion and development of services. As the Deputy is aware, there has been significant additional investment in acute hospital services in the Western Health Board in recent years.

The board has prepared a strategic plan for the development of rheumatology services in the region which proposes the appointment of additional rheumatologists in the region. I agree that there is a need for additional investment in rheumatology services both in the west and in other regions. However, the question of funding for additional posts in the west may only be considered in the context of available resources and the Western Health Board's overall priorities for services in 2004 in the acute hospital sector.

Comhairle na nOspidéal, which is the statutory body with responsibility for regulating the number and type of appointments of consultant medical staff in hospitals providing services under the Health Acts, carried out a review of rheumatology and rehabilitation services in 1995 and, in the context of this, is currently examining the Irish Society of Rheumatology, ISR, report, rheumatology manpower report 2002, which examines the current state of rheumatology services and identifies the resources needed to develop this service. Future planning requirements will be considered by myself and my Department in the context of the Comhairle examination.

Gay Mitchell

Question:

294 Mr. G. Mitchell asked the Minister for Health and Children the criteria used by the health boards in the appointment of persons to co-ordinate the home help services; and if he will make a statement on the matter. [10539/04]

The information sought by the Deputy is not readily available in my Department. My Department has written to the chief executive officers of the Eastern Regional Health Authority and the health boards and asked them to supply me with the relevant details, which will be forwarded to the Deputy as a matter of urgency.

Hospital Services.

Richard Bruton

Question:

295 Mr. R. Bruton asked the Minister for Health and Children if a feasibility study has been undertaken to assess the possibility of converting St. Bricin’s Military Hospital to use as a civilian step-down facility; the current bed capacity of St. Bricin’s; the current in-patient occupancy rate of its capacity; and if he will make a statement on the matter. [10547/04]

St. Bricin's Hospital is funded by the Department of Defence and, accordingly, the statistical information requested by the Deputy is not held by my Department.

The issue of converting St. Bricin's to use as a civilian step-down facility is a matter, in the first instance, for the Department of Defence in consultation with the Eastern Regional Health Authority which has responsibility for the provision of health and personal social services for persons resident in counties Dublin, Kildare and Wicklow. In this regard, I understand that a study has been undertaken by the Northern Area Health Board to examine the feasibility of making facilities at St. Bricin's available to public patients. Following detailed consideration and advice from technical experts, the board concluded that the proposal was not viable.

Health Board Staff.

Fiona O'Malley

Question:

296 Ms F. O’Malley asked the Minister for Health and Children the budget devoted by each health board to staff training; and if he will make a statement on the matter. [10589/04]

The information requested by the Deputy is not available in my Department. It is being sought from the Eastern Regional Health Authority and the health boards. I will transmit it to the Deputy as soon as possible.

Health Board Services.

Dan Neville

Question:

297 Mr. Neville asked the Minister for Health and Children when orthodontic treatment will be made available to a person (details supplied) in County Limerick. [10590/04]

Responsibility for the provision of orthodontic treatment to eligible persons in County Limerick rests with the Mid-Western Health Board. My Department has asked the chief executive officer to investigate the matter raised by the Deputy and reply to him directly.

Nursing Education.

Richard Bruton

Question:

298 Mr. R. Bruton asked the Minister for Health and Children the entry requirements for courses for a higher diploma in nursing care; his views on the concern among many nurses with substantial experience, whose initial qualification did not involve a course at degree level, who fear that their opportunity to progress to higher training levels will be prejudiced; and if he will introduce arrangements whereby an accreditation system gives equal recognition to practical experience for the purposes of access to higher qualifications. [10591/04]

I presume the Deputy is referring to higher diploma courses in oncology, accident and emergency, intensive care, coronary care and so on. Entry requirements for these courses vary from college to college. All colleges require applicants to have registration in the relevant division of the nursing register maintained by An Bord Altranais. Most courses require candidates to satisfy certain minimum experience requirements which may include a period working in the specialist area. Certain colleges require applicants to satisfy basic matriculation requirements if under age 23. Candidates aged 23 years or over may be accepted as mature students.

The crucial requirement is that the applicant is a registered nurse or midwife, and no distinction is made in respect of the model of education undertaken to obtain registration. I take this opportunity to reassure the Deputy that the question of discrimination or prejudice does not arise.

As stated earlier, entry requirements to courses generally include requirements in relation to experience. In the circumstances, I do not consider that an accreditation system is required. In recent years, I have introduced a number of initiatives aimed at supporting the professional development of nurses and midwives. A nurse or midwife who wishes to undertake a part-time nursing degree course is entitled to have his or her fees paid in full. The position in respect of higher diplomas in specialist areas is that the nurse or midwife undertaking the course is entitled to receive full pay while doing so and to have his or her fees paid in full.

Hospital Services.

Richard Bruton

Question:

299 Mr. R. Bruton asked the Minister for Health and Children if he has developed a national plan for access to acute services by children; his views on whether, in this context, it is desirable that Beaumont Hospital should develop its own accident and emergency department for children; and if he will make a statement on the matter. [10592/04]

The national health strategy includes a commitment to a national review of paediatric services which will focus on the future organisation and delivery of hospital services for children. The aim will be to enhance the range and level of services available at regional level and to determine the most effective configuration of tertiary services. The scope for developing certain highly specialised services on an all-Ireland basis will also be explored. I am committed to establishing a national review which will, inter alia, inform and determine the most effective configuration of acute hospital paediatric services.

Health Board Services.

Mary Upton

Question:

300 Dr. Upton asked the Minister for Health and Children if long term residential care can be provided to a person (details supplied) in Dublin 12. [10593/04]

Responsibility for the provision of care and treatment of the named individual 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.

Medical Cards.

Arthur Morgan

Question:

301 Mr. Morgan asked the Minister for Health and Children if a medical card will be granted to a person (details supplied) in County Louth. [10594/04]

Responsibility for the provision of medical cards is, by legislation, a matter for the chief executive officer of the relevant health board ERHA. My Department has, therefore, asked the CEO of the North Eastern Health Board to investigate the matter raised by the Deputy and to reply to him directly.

Services for People with Disabilities.

Richard Bruton

Question:

302 Mr. R. Bruton asked the Minister for Health and Children if he has received an assessment of the need for residential places with intellectual disability in the Fingal area; if, in drafting his proposals for allocating capital funds, he has taken account of the outstanding needs that have been identified in the Fingal area; and if he will make a statement on the matter. [10599/04]

My Department has, since 1997, allocated significant levels of funding across the disability sector which has resulted in very significant and unprecedented developments in the quality and quantity of the health related services which are being provided to people with disabilities. A total of €643 million has been invested in these services, of which €388 million was provided for services to persons with intellectual disability and those with autism. The overall total includes an additional €25 million in current expenditure which was made available by the Minister for Finance in the 2004 budget for services for people with disabilities.

A total of €18 million is being used by services for persons with intellectual disability and those with autism to provide extra day services particularly for young adults leaving school in June 2004, emergency residential placements and to enhance the health related support services available for children with intellectual disability or autism. The allocation of capital funding in 2004 for the various programmes in the health services has not yet been finalised.

My Department has not, to date, received a specific assessment of the need for residential places for persons with intellectual disability in the Fingal area. While significant progress has been made in recent years, it is also clear from the demographic profile of the population with intellectual disability and the needs identified for them, that there is a need for a continued programme of investment.

Health Board Services.

Dan Neville

Question:

303 Mr. Neville asked the Minister for Health and Children if special funding will be made available to provide facilities for a person (details supplied) at Rathfreda Cheshire Home, Newcastle West, County Limerick. [10600/04]

The provision of health related services, including supported accommodation, for people with physical and/or sensory disabilities is a matter for the Eastern Regional Health Authority and the health boards, in the first instance. Accordingly, the Deputy's question has been referred to the chief executive officer of the Mid-Western Health Board with a request that he examine the matter and reply to the Deputy directly, as a matter of urgency.

EU Directives.

Dan Neville

Question:

304 Mr. Neville asked the Minister for Health and Children if he will outline the EU directives on the treatment of mental illness and the promotion of mental health. [10601/04]

I am informed that there have been no EU directives on the treatment of mental illness and the promotion of mental health. A declaration on the promotion of mental health was made at the European Council meeting of 18 November 1999, adopting the resolution on the promotion of mental health set out in 12543/99 SAN 169. The Council also adopted conclusions on combating stigma and discrimination in respect of mental health, following a conference on mental illness and stigma in Europe: facing up to the challenges of social inclusion and equity, which took place in Athens in March 2003.

Consultancy Contracts.

John McGuinness

Question:

305 Mr. McGuinness asked the Minister for Health and Children the amount paid by the SEHB to non-medical consultants in each year since 2002; if past employees of the SEHB are retained as consultants; if so, the qualifications and expertise of same and the purpose of their consultancy; and if he will make a statement on the matter. [10678/04]

Responsibility for non-medical consultants rests in this instance with the South Eastern Health Board. My Department has, therefore, asked the chief executive officer to investigate the matters raised by the Deputy and reply to him directly.

Services for People with Disabilities.

Jerry Cowley

Question:

306 Dr. Cowley asked the Minister for Health and Children the reason there is no funding available for a computer for a person (details supplied) in County Mayo who has a learning disability. [10684/04]

Responsibility for the provision of funding for services to persons with intellectual disability and those with autism in the Mayo region lies, in the first instance, with the Western Health Board. My Department has, therefore, asked the chief executive officer to investigate the matter raised by the Deputy and reply to him directly. However, if the need for a computer arises as a result of his educational needs, the provision of same would be a matter for the Department of Education and Science.

Organ Donation.

John Perry

Question:

307 Mr. Perry asked the Minister for Health and Children the steps he is taking to raise the public’s attention to the need for supporting organ donation and transplantation; and if he will make a statement on the matter. [10692/04]

The Deputy will be aware that I recently had the honour to launch the 2004 organ donor awareness week, which runs from 3 to 10 April and is organised by the Irish Kidney Association on behalf of the Irish Donor Network. The annual donor awareness campaign is a very important event in the calendar for the Irish health service. It highlights the need for organ donors generally and makes a very important contribution to the national health strategy's commitment to develop organ transplantation services with a view to increasing donation and utilisation rates.

In previous years my Department has been pleased to support donor awareness week and I announced at the launch continuing support for the campaign with the provision of a grant of €350,000. As part of this year's campaign, the Irish Kidney Association has written to all Members of the Dáil and Seanad requesting that they sign a declaration supporting organ donation and transplantation in Ireland. I wholeheartedly endorse this request and was delighted to be the first Member of the Oireachtas to sign the declaration in support of this worthy cause to heighten public awareness of the need for this life-saving act.

In addition to the campaign and in order to ensure that the systems and practices of the transplant programmes in this country are organised in such a way as to maximise all opportunities for organ donation and utilisation, I am proposing to establish, in the near future, an expert group to review organ donation, procurement and utilisation policy in Ireland.

Public Health Nurses.

John Perry

Question:

308 Mr. Perry asked the Minister for Health and Children the situation with regard to public health nurses at local and national level (details supplied); his plans to change this situation; and if he will make a statement on the matter. [10694/04]

I presume the Deputy is referring to the pay awards recommended under the public service benchmarking body, PSBB.

The Commission on Nursing, which reported in 1998, made an observation that they considered that public health nurses, PHNs, operated at the level of clinical nurse specialist. In its submission to the PSBB, the Alliance of Nursing Unions — representing the Irish Nurses Organisation, the Psychiatric Nurses Association, IMPACT and SIPTU nursing — made a claim to have the PHN grade paid a differential of 10% over the rate of pay ultimately recommended for the clinical nurse manager 2, CNM2. At that time, PHNs were paid at the same rate as CNM2 plus a qualification allowance. Clinical nurse specialists are paid at the same rate as CNM2s. In respect of the statement contained in the report of the Commission on Nursing, the Nursing Alliance commented that, "Clearly it was not considering the issue of pay rates for either grade but was merely making a statement of the unique role played by the PHN."

The PSBB, which issued its report in 2002, recommended an increase of 9.2% for the PHN grade and an increase of 12.2% for the clinical nurse manager 2-clinical nurse specialist grade. The benchmarking process established new absolute levels of pay for nursing and other public service grades and, furthermore, stated that "no benchmarked grade may receive a further increase as a consequence of the body's recommendations as they effect any other grade, whether benchmarked or not". In recognition of their qualifications, all PHNs are paid a qualification allowance — €2,422 per annum — and PHNs who were in employment on 16 November 1999 are paid a further red circled allowance — €1,390 per annum — on top of basic salary.

Pharmacy Regulations.

John Perry

Question:

309 Mr. Perry asked the Minister for Health and Children his views on the timescale for the discontinuance of the derogation on the introduction of a pharmacy Act (details supplied); and if he will make a statement on the matter. [10695/04]

As my reply of 4 March 2004 mentioned, the pharmacy review group, the report of which was published in February 2004, considered the issue of the derogation. I also stated that I am continuing to examine the complex legal and public health issues in the group's recommendations, including the use of the derogation. The pharmacy review group recommended that the use of the EU derogation should continue until a pharmacy Act is in place — and then be discontinued — and that such an Act should be in place within 18 months. In the context of the release of the pharmacy review group's report in February, I intend going to Government soon with a memorandum on the report's recommendations.

Departmental Bodies.

Olivia Mitchell

Question:

310 Ms O. Mitchell asked the Minister for Health and Children if he will consider appointing a representative of the community midwives or a parent to the national expert group on home births. [10696/04]

The composition of the domiciliary births group is a matter for the health board chief executive officers. However, I understand that the domiciliary births group has addressed this issue by extending membership of the group to include both a consumer representative and a community midwife.

Health Board Services.

Brian O'Shea

Question:

311 Mr. O’Shea asked the Minister for Health and Children the funding provided to each of the health boards for the development of palliative care services in 2002, 2003 and 2004; and if he will make a statement on the matter. [10697/04]

The report of the national advisory committee on palliative care was published in October 2001 and makes a number of recommendations for the future development of palliative care services in Ireland. The report is seen as the blueprint for the future development of palliative care services here in Ireland. Since October 2001, an additional €13.184 million has been invested in palliative care services and a further €1.2 million in additional funding has been made available specifically for palliative care in 2004. This funding has been used to improve palliative care services in line with the recommendations in the national advisory report.

Health Board

Additional Funding

2002

2003

2004

€m

€m

€m

ERHA

1.930

0.701

0.340

MHB

0.330

0.122

0.065

MWHB

0.748

0.257

0.125

NEHB

0.590

0.217

0.105

NWHB

0.787

0.290

0.145

SEHB

0.578

0.213

0.175

SHB

1.072

0.376

0.105

WHB

0.892

0.280

0.140

Total

6.927

2.456

1.2

Brian O'Shea

Question:

312 Mr. O’Shea asked the Minister for Health and Children, further to Question No. 363 of 30 March 2004, the way in which he will ensure equality of access for persons requiring palliative care services, including radiotherapy, living long distances from Dublin, Cork and Galway; and if he will make a statement on the matter. [10698/04]

The Government's objective is to provide a model of cancer care which ensures that patients with cancer receive the most appropriate and best quality of care regardless of their place of residence. To achieve this objective, an integrated and co-ordinated approach, which encompasses prevention, screening, cancer treatment — including medical, surgical and radiation oncology — supportive and palliative care, education, training and research, is required.

The publication of the report of the national advisory committee on palliative care was approved by Government and launched on 4 October 2001. The report describes a comprehensive palliative care service and acts as a blueprint for its development over a five to seven year period. My Department has provided funding to all the health boards on a pro rata basis to commence the development of palliative care services in line with the recommendations in the report.

The report recommended that palliative care needs assessment studies should be carried out in each health board area and these studies are either completed or nearing completion. Information gleaned from these studies will inform the future development of palliative care services at health board level in consultation with the consultative and development committees which have been set up as recommended in the report. In addition, a paediatric palliative care needs assessment study is nearing completion and the report of the expert group on specialist design guidelines for palliative care settings is also nearing completion. My Department, the health boards and the voluntary sector are actively involved in planning for the development of palliative care services in line with the recommendations in the report of the national advisory committee and funding is being provided for the development of such services on an incremental basis in line with the recommendations in the report.

Regarding access to palliative care services, such services are provided in a number of facilities, both statutory and voluntary, and access to such services for patients in need of palliative care, including those with cancer, is based on need. My plan for the development of radiotherapy services is that the supra-regional centres in Dublin, Cork and Galway will provide comprehensive radiation oncology services to patients regardless of their place of residence. Specifically, these supra-regional centres will provide significant sessional commitments to patients in the mid-west, north-west and south-east. Approval has already issued for the appointment of two consultant radiation oncologists at Cork University Hospital and University College Hospital Galway, with sessional commitments to the South Eastern Health Board and the North Western Health Board, respectively. I expect proposals in this regard to be finalised shortly for submission to Comhairle na nOspidéal, involving the Mid-Western, Western and Southern Health Boards, to expedite the recruitment of two further consultant radiation oncologists at CUH and at UCHG.

The immediate developments in the southern and western regions will result in the provision of an additional five linear accelerators. This represents an increase of approximately 50% in linear accelerator capacity. We will also provide for the appointment of an additional five consultant radiation oncologists. We have ten consultant radiation oncologists nationally. This will result in a significant increase in the numbers of patients receiving radiation oncology in the short term. These appointments are specifically designed to offer patients in areas such as the mid-west and south-east equity of access to radiation oncology services that are in line with best international practice.

Pharmacy Regulations.

Fiona O'Malley

Question:

313 Ms F. O’Malley asked the Minister for Health and Children if the Mortell report has been officially published; his views on its findings; and the steps in respect of the future of pharmacies here. [10725/04]

I assume the Deputy is referring to the pharmacy review group report. I established the pharmacy review group in November 2001 to examine the pharmacy issues raised in the OECD report on regulatory reform in Ireland. The group submitted its report on 31 January 2003. I am continuing to examine the complex legal and public health issues in the group's recommendations. The Deputy will appreciate that it would not be appropriate for me to comment on the report's recommendations before completion of this examination. I have made the report available on my Department's website, www.doh.ie.

Hospital Services.

John McGuinness

Question:

314 Mr. McGuinness asked the Minister for Health and Children if the CAT scan at St. Luke’s is out of order; if so, the length of time it has been so; the cost to have it repaired and the timeframe involved; the locations to which patients are being referred to during this time; and if he will make a statement on the matter. [10726/04]

Responsibility for the provision of services at St. Luke's Hospital, Kilkenny, is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply to the Deputy directly.

Health Board Services.

Liam Twomey

Question:

315 Dr. Twomey asked the Minister for Health and Children his views on efforts by local communities in the Mid-Western Health Board and South Eastern Health Board region to try and raise funding to provide a local radiotherapy service; if he will intervene should he oppose these initiatives, if it is on grounds of unavailability of financial resources; if it is due to the recommendations of the radiotherapy group authors; and if so, his views on private radiotherapy units in hospitals here at present in view of the fact that the proposed units in the mid-west are equal in status to these units. [10729/04]

The efforts of local communities in raising funds for local health services is a feature of our health system. The allocation of these funds is essentially a matter for these communities. In respect of radiation oncology services specifically, I have met the Mid-Western Hospitals Development Trust and the Mid-Western Health Board regarding their proposal for the development of a radiation oncology unit on the campus of the Mid-Western Regional Hospital, Limerick. The proposal is for a facility to be constructed on a site to be made available by the Mid-Western Health Board and to be operated by a private hospital, with funds provided by the Mid-Western Hospitals Development Trust. I have been assured that the development will not require revenue or capital resources from my Department. My understanding is that it is intended to treat public and private patients at this facility.

I have advised the representatives of the Mid-Western Health Board of the establishment of a national radiation oncology co-ordinating group which will advise, inter alia, on the national co-ordination and delivery of existing and planned radiation oncology services, including agreeing quality assurance protocols and guidelines for the referral of public patients to private facilities.

The Government's objective is to provide a model of cancer care which ensures that patients with cancer receive the most appropriate and best quality of care regardless of their place of residence. My plan for the development of radiotherapy services is that the supra-regional centres in Dublin, Cork and Galway will provide comprehensive radiation oncology services to patients regardless of their place of residence. Specifically, these supra-regional centres will provide significant sessional commitments to patients in the mid-west, north-west and south-east. Approval has already issued for the appointment of two consultant radiation oncologists at Cork University Hospital and University College Hospital Galway, with sessional commitments to the South Eastern and North Western Health Boards respectively. I expect proposals in this regard to be finalised shortly for submission to Comhairle na nOspidéal involving the Mid-Western, Western and Southern Health Boards, in order to expedite the recruitment of two further consultant radiation oncologists at CUH and at UCHG.

The immediate developments in the southern and western regions will result in the provision of an additional five linear accelerators. This represents an increase of approximately 50% in linear accelerator capacity. We will also provide for the appointment of an additional five consultant radiation oncologists. We have ten consultant radiation oncologists nationally. This will result in a significant increase in the numbers of patients receiving radiation oncology in the short term. These appointments are specifically designed to offer patients in areas such as the mid-west and south-east equity of access to radiation oncology services that are in line with best international practice.

Cancer Screening Programme.

Liam Twomey

Question:

316 Dr. Twomey asked the Minister for Health and Children the reason breast screening, including BreastCheck, is not integrated into the regional centre at Waterford Regional Hospital. [10739/04]

The national breast screening board was established under the Health Act 1970 to implement a scheme for the early diagnosis and primary treatment of breast cancer in women in the 50 to 64 age group. Phase one of the scheme operates in the eastern part of the country. Last year, I announced the extension of the programme to counties Carlow, Kilkenny and Wexford and the national roll-out to the western and southern parts of the country. Under the BreastCheck scheme, women will have their diagnosis, investigation and primary treatment managed by a multidisciplinary team.

Two centres operate in the eastern region, one at St. Vincent's Hospital, Dublin, and the other at the Mater Hospital, Dublin. In 2002 the European Reference Organisation for Quality Assured Breast Screening and Diagnostic Services, EUREF, evaluated the BreastCheck programme at these centres. EUREF concluded that the programme operated to a very high standard. The overwhelming majority of women whose breast cancer is detected by BreastCheck receive their primary treatment and follow-up at one of these centres. Women also have an option of treatment and follow-up at their regional designated centre for symptomatic breast disease. BreastCheck organises its services to ensure integrated clinical pathways are in place to effectively treat and care for women with breast cancer which involves close linkages with the symptomatic services.

BreastCheck is developing a similar model of treatment and care as part of the national extension of the programme which will require a further two centres. The centre in the south, which will provide services for women in County Waterford, will be located at the South Infirmary Hospital, Cork, and the centre in the west will be located at University College Hospital, Galway. Both these centres are at the planning stages. Women diagnosed with breast cancer under the BreastCheck programme in the Waterford region, for example, will be referred to the centre in Cork as soon as it is operational. They will also retain the option of seeking referral to the regional symptomatic services at Waterford Regional Hospital.

Health Board Services.

Róisín Shortall

Question:

317 Ms Shortall asked the Minister for Health and Children if he will provide a progress report on the new health centre and health board offices in Ballymun which have been lying idle since February 2003; if his attention has been drawn to the fact that local general practitioners based in the existing health centre are unable to complete a dual agreement with the RCSI for general practitioner training and research due to inadequate space; when he will give approval for the fitting out of the new premises; when he will give approval for the payment of the rental purchase agreement, including the one year’s arrears; and in view of the deplorable conditions in the existing health centre, when he expects the new facility to be operational. [10756/04]

The identification, prioritisation and provision of health centres to meet the health and personal social service needs of local communities are matters for the health boards or the Eastern Regional Health Authority, ERHA. Prior to proceeding with the development of such facilities, there are, however, a number of requirements that need to be satisfied. Of fundamental importance in informing a decision to allow a health board or the ERHA to proceed with a particular development is the availability of sufficient funding to meet the full cost involved. Additionally, all health boards and agencies are required to follow the Department's guidance documentation for capital projects, together with national and EU capital procurement procedures. It is a requirement, in the first instance, for the health agency involved to submit to the Department project details for agreement such as assessment of need, option appraisal, design brief, cost estimates and cash flow projections.

The former Eastern Health Board and its successors, the ERHA and the Northern Area Health Board, NAHB, in conjunction with Ballymun Regeneration Limited, a wholly owned subsidiary of Dublin City Council, established for the purpose of advancing the regeneration of the area, proceeded with the development of the project to hand involving a new health centre and community care headquarters as part of the new civic office development which was to be the centrepiece of the redevelopment of Ballymun town centre. The project was pursued with neither the involvement nor approval of my Department.

My Department recently met the ERHA and NAHB in respect of this project, following which the latter recently submitted further documentation regarding various aspects of the proposal. This material is being examined by my Department which will continue to work with the ERHA and the NAHB with a view to resolving outstanding issues and progressing this project at the earliest opportunity.

Irish Blood Transfusion Service.

Denis Naughten

Question:

318 Mr. Naughten asked the Minister for Health and Children the guidelines in place to protect the rights of persons who have in the past donated blood; if, after not donating for a number of years, the persons names are removed; and if he will make a statement on the matter. [10757/04]

The Irish Blood Transfusion Service holds records, both manually and electronically, for all active donors, lapsed donors and donors who have been excluded from donation for one reason or another, for example, development of a medical condition, spent more that five years in the UK, etc. Its records are treated in the strictest confidence and are protected by the terms of the Data Protection Act. Donor information is not released to third parties without the written consent of the donor. The IBTS does not remove records from its database as it may need access to a donor's records for look-back to trace previous donations should the need arise.

Health Board Services.

Emmet Stagg

Question:

319 Mr. Stagg asked the Minister for Health and Children, further to Question No. 408 of 24 February 2004, the full complement of beds now in use in the Maynooth community care unit; and if he will make a statement on the matter. [10765/04]

As the Deputy will be aware, the provision of health services in the Kildare area is, in the first instance, the responsibility of the South Western Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has been advised by the chief executive of the authority that the current position is that 30 beds are in use. This reduction in bed availability arose because of a shortage of appropriate trained staff. Efforts are ongoing to replace staff who have recently left and to recruit the necessary additional staff to enable the unit to become fully operational. Further staff interviews are taking place this week.

Services for People with Disabilities.

Gerard Murphy

Question:

320 Mr. Murphy asked the Minister for Health and Children if he will meet a delegation from Charleville and District Handicapped Association to discuss its projected deficit of €818,000 for 2004. [10775/04]

My Department has, since 1997, allocated significant levels of funding across the disability sector which has resulted in very significant and unprecedented developments in the quality and quantity of the health related services which are being provided to people with disabilities. A total of €643 million has been invested in these services, of which €388 million was provided for services to persons with intellectual disability and those with autism. The overall total includes an additional €25 million in current expenditure which was made available by the Minister for Finance in the 2004 budget for services for people with disabilities.

With regard to Charleville and District Handicapped Association, in December 2003 my Department allocated to the association, through the Mid-Western Health Board, a capital grant of €500,000. Funding and service related issues, including service developments, are a matter, in the first instance, for the relevant health board. In this instance, the Southern Health Board would be the primary funding agency. The issue raised by the Deputy and other related matters will be included in the discussions regarding services to persons with intellectual disability or autism which take place on a regular basis between my Department and the Southern Health Board.

Medical Cards.

Bernard Allen

Question:

321 Mr. Allen asked the Minister for Health and Children the reason a person (details supplied) in County Cork has been refused a medical card by the SHB despite suffering a heart attack and incurring a drugs bill of €360 per month. [10831/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health board-authority. My Department has, therefore, asked the chief executive officer of the Southern Health Board to investigate the matter raised by the Deputy and reply to him directly. Non-medical card holders can avail of the drugs payment scheme. Under this scheme, no individual or family unit pays more than €78 per calendar month towards the cost of approved prescribed medicines.

Victims of Sexual Assault.

Seán Crowe

Question:

322 Mr. Crowe asked the Minister for Health and Children if his attention has been drawn to the fact that rape crisis centres do not deal with rape victims under the age of 18; and resources available to such victims, especially in the area of provision of counselling. [10899/04]

Rape crisis centres throughout the country are funded by the Eastern Regional Health Authority and the health boards, primarily to respond to the health needs of adult victims of sexual violence. Responsibility for the care and protection of children rests with the Eastern Regional Health Authority and the health boards. I understand from the Eastern Regional Health Authority and the health boards that the services available to minors who are victims of sexual assault and their parents include professional services such as medical and nursing, social work, child and adolescent psychiatry, clinical psychology and family support services. Services provided include risk assessment, child protection and treatment, counselling, support and advice and alternative care as appropriate.

In respect of the specific resources available to minors who are victims of sexual assault, my Department has sought the information from the Eastern Regional Health Authority and health boards. This information will be forwarded to the Deputy as soon as possible.

Hospital Services.

Willie Penrose

Question:

323 Mr. Penrose asked the Minister for Health and Children the steps he intends to take to ensure that a person (details supplied) in County Westmeath is immediately admitted to Beaumont Hospital; and if he will make a statement on the matter. [10906/04]

Responsibility for the provision of hospital services to residents of County Westmeath rests with the Midland Health Board. My Department has, therefore, asked the chief executive officer of the board to investigate the position in respect of this case and reply to the Deputy directly.

Hospital Staff.

Liam Twomey

Question:

324 Dr. Twomey asked the Minister for Health and Children the person who decided that the place of residence of the accident and emergency consultants appointed to Clonmel, Kilkenny and Wexford general hospitals should be Waterford when these consultants will provide the majority of their sessional work (details supplied) in the three hospitals mentioned; and if he will intervene in this vital service for the counties of Wexford, Carlow-Kilkenny and Tipperary. [10915/04]

The provision of services, including the appointment of staff at the hospitals mentioned, is a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the board to investigate the matter raised and reply directly to the Deputy.

Traffic Management.

John Gormley

Question:

325 Mr. Gormley asked the Minister for Transport if he intends to impose restrictions on heavy goods vehicles going through residential areas at night due to the high noise levels; if legislation can be used by local authorities to restrict such movements; and if he will make a statement on the matter. [10449/04]

The Road (Traffic and Parking) Regulations 1997 give local authorities the power to apply restrictions to heavy goods vehicles from entering particular public roads or areas. Article 17 of these regulations provides that, where the applicable traffic sign is provided at the entrance to a road, the driver of a vehicle, the unladen weight of which exceeds the weight specified on the sign, is prohibited from proceeding beyond the sign except where it is necessary for the vehicle to enter a road solely for the purpose of gaining access to or egress from premises accessible only from that road. Such a prohibition pursuant to article 17 operates on a 24 hour basis. The application of such restrictions is a matter for each local authority.

State Airports.

Richard Bruton

Question:

326 Mr. R. Bruton asked the Minister for Transport the progress which has been made in his discussions with the trade unions in Aer Rianta regarding the protection of the tenure and conditions of employment of its workers in the context of the three new independent airport authorities which he proposes; and if his commitment deals with the contingency that one of the airports might experience poorer trading conditions than he envisages. [10610/04]

As the Deputy will be aware, I have conveyed assurances and clarifications on several occasions to ICTU and the trade unions in Aer Rianta in respect of the protection of the current tenure and terms and conditions of employment of Aer Rianta workers on transfer to the three new independent airport authorities when established. Broad financial projections for each of the three airports are currently being finalised and, when this work is completed, I have already confirmed my willingness to share key financial information with the unions in the context of the current engagement process, which is being facilitated by the Labour Relations Commission, before legislation is finalised. In due course, I look forward to a resumption of this engagement process at which issues of concern to Aer Rianta workers can be discussed further.

Any commercial company, whether in the public or private sector, can encounter difficult trading conditions from time to time. I believe that each of the individual State airports, under new visionary leadership, will respond effectively to the challenges of a rapidly changing aviation environment. I have already announced the boards designate for Dublin and Shannon Airports which bring together people of the highest calibre and combine considerable international and national aviation expertise with proven financial and business acumen. I will announce the full membership of the new Cork Airport board designate shortly. When formally established, I am confident that these new autonomous boards will devise the necessary strategies and plans to promote and develop the airports and, together with management and staff, meet the requirements of airlines and passengers as well as assisting in the economic and tourist based development of their catchment areas.

Rural Transport Integration.

Denis Naughten

Question:

327 Mr. Naughten asked the Minister for Transport if he has completed his funding review of the South Westmeath Rural Transport Association; the additional funding provided to the association to reinstate the service to south Roscommon; and if he will make a statement on the matter. [10671/04]

Area Development Management Limited, which administers the rural transport initiative on behalf of my Department, is currently undertaking an appraisal of the scheme. This is expected to be completed by the summer.

While my Department provides the overall funding for the RTI, ADM is responsible for the specific allocations to each RTI project. However, I understand that it is for each group to decide on the specific services to be funded from its allocation.

While the national development plan earmarked €4.4 million for the scheme, €3 million has been provided annually for the scheme since 2002.

Road Safety.

Ruairí Quinn

Question:

328 Mr. Quinn asked the Minister for Transport the proposals he has for making the wearing of bicycle safety helmets, for children and adults, a legal requirement and put on a statutory basis; and if he will make a statement on the matter. [10727/04]

I am advised by the National Safety Council that the wearing of helmets is better encouraged by way of educational and publicity campaigns such as those undertaken by the council. The activities of the council in this area include the distribution of leaflets and posters and the provision of advice in schools by school safety officers. The Rules of the Road booklet also encourages the use of cycle helmets and draws attention to their safety benefits.

I have no plans to make the wearing of bicycle safety helmets, for children and adults a legal requirement at this time. I am satisfied that at present a statutory requirement to wear cycle helmets, together with the associated prosecutions and penalties for contravention, would not be appropriate, particularly in the case of minors.

Public Transport.

Olivia Mitchell

Question:

329 Ms O. Mitchell asked the Minister for Transport if the free transport facility available to pensioners in respect of CIE-run services will also apply to Luas services. [10728/04]

I understand that the Department of Social and Family Affairs are in discussions with the Railway Procurement Agency on arrangements for Luas participation in the free travel scheme. The RPA has informed me that it looks forward to an agreement on the terms of that participation shortly and to make an announcement in advance of passenger operations at the end of June 2004.

Speed Limits.

Róisín Shortall

Question:

330 Ms Shortall asked the Minister for Transport further to parliamentary Question No. 430 of 17 February 2004, the outcome of the discussions between his Department and the Society of the Irish Motor Industry in relation to the proposed changeover to metric values for speed measurement by 31 December 2004; and the proposals he has as a result of these discussions. [10761/04]

Discussions are continuing between my Department and the Society of the Irish Motor Industry concerning the preparations for the changeover to metric values for speed measurement.

Scrúdú Náisiúnta Feithiclí.

Aengus Ó Snodaigh

Question:

331 D’fhiafraigh Aengus Ó Snodaigh den Aire Iompair an bhfuil sé i gceist aige cúiteamh a thabhairt dóibh siúd a ndearnadh leatrom orthu ó thaobh a gcearta teanga agus a gcearta bunreachtúla nuair a diúltaíodh teistiméireacht NCT a thabhairt dóibh de thairbhe a gcomharthaí tacsaí a bheith sa “príomhtheanga oifigiúil” agus go raibh orthu an scrúdú gluaisteáin a dhéanamh athuair agus comharthaí úra a fháil dá réir, rud a chuir costas breise orthu de bharr an Stát a bheith ag brú an Bhéarla orthu. [10832/04]

Aengus Ó Snodaigh

Question:

332 D’fhiafraigh Aengus Ó Snodaigh den Aire Iompair cé na céimeanna atá sé á ghlacadh chun a chinntiú nach ndiúltófar testiméireacht do ghluaisteáin a bhfuil an focal “TACSAÍ” in airde orthu agus cé na céimeanna atá sé a ghlacadh chun a chinntiú go bhfuil an Ghaeilge ar chomhchéim nó chun tosaigh mar is léir ón mBunreacht agus sa reachtaíocht agus i rialacháin eile a bhaineann lena Roinn. [10833/04]

Aengus Ó Snodaigh

Question:

336 D’fhiafraigh Aengus Ó Snodaigh den Aire Iompair de thairbhe gur fhógair an tAire Pobail, Tuaithe agus Gaeltachta san Teach Dé Máirt an 9 Márta go mbeidh rialachán ag teacht chun cinn an mhí seo i dtaca le seasamh dlíthiúil don fhocal “TACSAÍ”, an bhfuil sé i gceist aige treoir a eisiúint do na foirne sna hionaid tástála NCT gan cloí leis an riail atá ann faoi láthair a choisceann aon leagan eile seachas an focal Béarla “TAXI” a bheith inghlactha chun teastas a bhaint amach do ghluaisteán. [10837/04]

Tógfaidh mé Ceisteanna Uimh. 331, 332 agus 336 le chéile.

Níl sé i gceist agam cúiteamh a thabhairt do na daoine atá luaite sa gceist seo. Tá obair ar siúl faoi láthair im Roinn agus in Oifig an Ard Aighne chun an deacracht dlíthiuil in úsáid an fhocail Ghaeilge "TACSAÍ" ar fhógraí díon tacsaithe a réiteach. Tá sé ar intinn ionstraim reachtúil nua a dhéanamh chun an cheartú riachtanach a chur ar Ionstraim Reachtúil 136 de 1995. Tá mo Roinn chun a chuid oibligéid a chomhlíonadh i dtaca leis an Ghaeilge faoin mBunreacht agus faoi Achta an Teanga Oifigiúla 2003. Cé go bhfuil sé ar intinn agam ceartú a dhéanamh ar sheasamh dlíthiúil an fhocail Ghaeilge "TACSAÍ", níl sé ar mo chumas treoir a thabhairt d'éinne gan cloí le rialacha an dlí atá i bhfeidhm.

Aengus Ó Snodaigh

Question:

333 D’fhiafraigh Aengus Ó Snodaigh den Aire Iompair an bhfuil ceangal le feiscint idir aoiseanna na ngluaisteán agus na gluaisteáin a bhfuil ag teip orthu testiméireacht a bhaint amach ó na hionaid NCT, an bhféadfaidh sé iad a liostáil agus an céadatán atá i gceist a chur in iúl. [10834/04]

Aengus Ó Snodaigh

Question:

334 D’fhiafraigh Aengus Ó Snodaigh den Aire Iompair cad é an líon gluaisteán ar diúltaíodh testiméireacht dóibh in ionaid tástála NCT na tíre agus na fáthanna éagsúla ar diúltaíodh sin dóibh de réir gach bliana atá an scéim i bhfeidhm. [10835/04]

Tógfaidh mé Ceisteanna Uimh. 333 agus 334 le chéile.

Níl aon fhianaise ann a leiríonn gur minice a theipeann ar fheithiclí de dhéantús nó de mhúnla faoi leith ag an tástáil náisiúnta gluaisteán ná mar a theipeann ar fheithiclí de dhéantúis nó de mhúnlaí eile atá ar chomhaois leo. Is é is mó a dhéanann deimhin de go n-éireoidh le feithicil sa tástáil náisiúnta gluaisteán ná é a bheith oibrithe agus coinnithe de réir mholtaí an déantóra.

Tá staitistic maidir le rátaí pas agus teipe ag an tástáil náisiúnta gluaisteán, agus maidir leis na príomhchúiseanna teipe, ar fáil ar shuíomh idirlín na seirbhíse tástála gluaisteán ar www.ncts.ie.

Aengus Ó Snodaigh

Question:

335 D’fhiafraigh Aengus Ó Snodaigh den Aire Iompair cad é an líon gluaisteán ar diúltaíodh teistiméireacht dóibh in ionaid tástála NCT na tíre de thairbhe go raibh an focal “TACSAÍ” acu ar a ngluaisteáin seachas an leagan Béarla “TAXI” arb é amháin atá ceadaithe faoin reachtaíocht chuí; agus cén céadatán iad sin den iomlán ar diúltaíodh teistiméireacht dóibh do gach bliain ó bunaíodh an scéim. [10836/04]

Ní thiomsaíonn mo Roinn faisnéis maidir leis an líon feithiclí dá ndiúltaítear teistiméireacht oiriúnachta mar gheall ar an fhocal "TACSAÍ" a bheith ar an chomhartha dín seachas an focal "TAXI".

Question No. 336 answered with QuestionNo. 331.

Registration of Title.

Michael Ring

Question:

337 Mr. Ring asked the Minister for Justice, Equality and Law Reform if dealings on a folio will be expedited for persons (details supplied) in County Mayo. [10459/04]

I am informed by the Registrar of Titles that this is an application for transfer of part and discharge of burdens which waslodged on 9 January, 2004. Dealing No. D2004SM002349G refers. I am further informed that queries issued to the lodging solicitor on 31 March 2004 and that the application cannot proceed until these queries have been satisfactorily resolved. However, on receipt of a satisfactory reply, the matter will receive further attention in the Land Registry.

Asylum Applications.

Pat Carey

Question:

338 Mr. Carey asked the Minister for Justice, Equality and Law Reform if he will review the decision to deport a person (details supplied) in Dublin 11 in view of the good work they are doing in the community; and if he will make a statement on the matter. [10461/04]

The person in question arrived in the State in October 2002 and made an application for asylum. His wife had arrived in the State the previous month, September, and made an asylum application. She had a child in October 2002. Both withdrew their asylum applications and applied for residency on the basis of parentage of an Irish born child.

Following the decision of the Supreme Court in the cases of L & 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 which were outstanding on that date. There is a large number of such cases outstanding at present, including the case to which the Deputy refers.

Since the person in question does not have 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 make a deportation order. In that context, a notification of a proposal to make a deportation order issued to the person in question on 9 March 2004 and he was given an opportunity to make representations in relation to it. If, in the light of those representations and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order, he will be given leave to remain on a humanitarian basis.

Given the large number of such cases on hand I am unable to say at this stage when the file will be further examined.

Security Issues.

Ciarán Cuffe

Question:

339 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of secret agents that will accompany President Bush to Ireland in June 2004; the person who will have operational control of the agents during the visit; and if he will make a statement on the matter. [10477/04]

I am informed by the Garda authorities that, as a matter of policy, the Garda Síochána does not disclose information on matters relating to the security of VIPs.

Asylum Applications.

John McGuinness

Question:

340 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an application for family reunification will be expedited in the name of a person (details supplied) in County Dublin. [10490/04]

The application for family reunification by the person concerned in respect of his two nieces was refused in February 2004. An appeal against this decision was subsequently lodged. Further documentation to support the appeal has been requested from the applicant and a decision on the appeal will be taken on receipt of this documentation.

John McGuinness

Question:

341 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if permission to remain in the State in the case of persons (details supplied) in County Kilkenny will be expedited. [10525/04]

The persons concerned both made an application for asylum in the State, the husband in April 2001 and the wife in September 2001. They subsequently withdrew their asylum applications and made an application for residency on the basis of their parentage of an Irish born child.

Following the decision of the Supreme Court in the cases of L & 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 persons referred to by the Deputy withdrew their asylum applications after this date and therefore an application for residency based solely on parentage of an Irish born child could not be accepted.

Since the persons in question do not have 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 them. In that context they have already been notified of such a proposal on 3 March 2004 and given an opportunity to make representations in relation to it. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order they will be given leave to remain on a humanitarian basis.

Given the large number of such cases on hand I am unable to say at this stage when the file will be examined.

Registration of Title.

Michael Ring

Question:

342 Mr. Ring asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 510 of 23 March 2004, the reason a dealing number (details supplied) was dealt with in 2002. [10557/04]

I refer the Deputy to my previous answer to Question No. 510 of 23 March 2004 in which he enquired about dealing No. D2001SM05844A. This dealing was associated with D2001SM005843Y, inadvertently quoted by the Land Registry as D2003SM005843Y in that response. The Registrar of Titles has confirmed that both these applications were completed on 29 July 2002. The Registrar of Titles is unaware of any error in relation to these registrations.

I am informed that a further application for a transfer of part was lodged on 10 October 2002 on the folio referred to by the Deputy. Dealing No. D2002SM009008W refers. I am further informed by the Registrar of Titles that the matter has been expedited and is receiving attention in the Land Registry.

Common Foreign and Security Policy.

Joe Costello

Question:

343 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the article in a newspaper (details supplied); if his Department or the Garda have information which confirms or denies the assertions made in the article; the extra security measures which have been taken arising from the article; if Garda contact has been made with the Spanish authorities; and if he will make a statement on the matter. [10558/04]

I am informed by the Garda authorities that the Garda Síochána, which is responsible for intelligence on such matters, is not aware of any information that would confirm the assertions made in the newspaper article in question. The Garda Síochána has excellent lines of communication and co-operation with police forces and security services in the European Union, which are used on an ongoing basis and in response to particular events, including the Madrid bombings.

Asylum Applications.

Jimmy Deenihan

Question:

344 Mr. Deenihan asked the Minister for Justice, Equality and Law Reform the status of asylum seekers resident here from the Czech Republic after the accession of that country to the EU in May 2004; and if he will make a statement on the matter. [10657/04]

The EU accession states, including the Czech Republic, were designated as safe countries of origin on 15 September 2003 by order made under the Refugee Act 1996. By virtue of this designation, asylum applications from nationals of these states are prioritised for processing by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. Accordingly, it is expected that there will be very few such applications on hands on 1 May 2004 when the Czech Republic becomes a full member of the European Union.

The position concerning the treatment of any outstanding asylum applications which may be on hands from nationals of the accession states generally on 1 May 2004 is under consideration at the present time and will have regard to the fact that from that date, the ten accession states will be party to the treaties governing the European Communities and their citizens will, in general, enjoy the same rights in relation to free movement as current EU citizens.

Denis Naughten

Question:

345 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the number of asylum seekers deported in the past 12 months; the numbers of each nationality; and if he will make a statement on the matter. [10670/04]

Asylum seekers have a right of temporary residence in the State while their applications are being processed and are not considered for deportation unless their applications are refused or they are transferred to another EU state pursuant to the Dublin Convention to have their asylum applications processed there.

Section 3(2) of the Immigration Act 1999, as amended, allows the Minister to make deportation orders in respect of nine categories of person. These include asylum seekers who have failed in their applications or asylum seekers whose applications are being transferred under the Dublin Convention. Separate statistics in relation to the different categories are not maintained by my Department but the vast majority of deportations are in respect of failed asylum seekers.

The number of deportation orders effected by the Garda national immigration bureau for the period from 1 April 2003 to 31 March 2004 was 661. The nationalities of these deportees are as follows:

Deportation Orders Effected by Nationality

1 April 2003 — 31 March 2004

Nationality

Number

Nationality

Number

Albania

5

Moldova

36

Algeria

3

New Zealand

1

Angola

5

Niger

1

Belarus

1

Nigeria

22

Brazil

3

Pakistan

5

Bulgaria

13

Peru

1

China

41

Philippines

1

Croatia

19

Poland

40

Czech Republic

57

Romania

230

Egypt

9

Russia

7

Estonia

8

Serbia

3

Gambia

1

Sierra Leone

1

Hungary

5

Slovakia

4

India

4

South Africa

38

Iraq

4

Sudan

1

Israel

2

Turkey

2

Kosovo

16

Ukraine

16

Latvia

19

United States

3

Lithuania

25

Yugoslavia

1

Malaysia

7

Zaire

1

Visa Applications.

Fergus O'Dowd

Question:

346 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if a visa will be granted to a person (details supplied). [10685/04]

The person in question made a visa application in March 2004. The application was refused because it had not been established, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa. The appeal referred to by the Deputy has not as yet been received by the immigration division of my Department, but it will be processed as promptly as possible on receipt of same.

Child Abduction.

Joe Higgins

Question:

347 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform if he has received correspondence regarding the family law case of a person (details supplied) in County Cork. [10707/04]

Joe Higgins

Question:

349 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform if, following assurances given by his Department to a person (details supplied) in County Cork that a care worker would ascertain their child’s well-being in England, this was ever carried out. [10709/04]

I propose to take Questions Nos. 347 and 349 together.

The central authority for child abduction operates in my Department for the purposes of the Hague Convention on the Civil Aspects of International Child Abduction and the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children. Both these conventions contain provisions pertaining to access and apply to children under the age of 16.

The central authority and the person referred to by the Deputy have been in correspondence with each other. I assure the Deputy, however, that no assurance of the kind mentioned in the question was given by the central authority, nor could such assurance be given since it is a matter for the relevant UK authorities alone.

In response to correspondence from the person referred to by the Deputy, the central authority sought further information from that person to make it possible for the central authority to transmit an application to make arrangements for the exercise of rights of access under Article 21 of the Hague Convention. The central authority is ready to offer what assistance it can once that information is received.

Garda Complaints Procedures.

Joe Higgins

Question:

348 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform his views on whether the case of a person (details supplied) in County Cork is a cause for concern and that legitimate questions may arise from this case regarding the impartiality of some judges and some members of the Garda Síochána. [10708/04]

The Deputy will appreciate that the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and, therefore, it is not open to me as Minister to comment or intervene in any way in relation to how a particular case was conducted or the outcome of any such proceedings. These are matters entirely for the presiding judge and it would be inappropriate for me to comment or intervene in such matters.

If the person concerned wishes to make a complaint about certain members of the Garda Síochána, I suggest that he contact the Garda Síochána complaints board which is the independent body set up under the Garda Síochána Complaints Act, 1986 and which provides a system of investigation and adjudication of complaints by the public against the Garda. The person concerned is also free to complain directly to the Garda Commissioner.

Question No. 349 answered with QuestionNo. 347.

Child Care Services.

John Perry

Question:

350 Mr. Perry asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the grant application in respect of the Castle Park community group, Enniscrone, County Sligo, for a child care facility in west Sligo which would serve Enniscrone, Kilglass, Culeens, Castleconnor and Rathlee; if his attention has further been drawn to the fact that there is no child care facility within a ten mile radius of Enniscrone; and if he will make a statement on the matter. [10710/04]

An application for capital grant assistance from the 2000 — 2006 equal opportunities child care programme was received from this community based group on 3 February 2004.

The day-to-day administration of the programme is undertaken by Area Development Management Limited which has been engaged by my Department to carry out thorough assessments of all applications for grant assistance under the programme, on my behalf. All large scale capital projects are referred by ADM Limited to an independent external building specialist to assess the suitability of the proposal and its value for money.

I understand that this application is under appraisal. On completion of the assessment process, this application will be considered by the programme appraisal committee, chaired by my Department, which makes a funding recommendation to me before I make a final decision on the matter.

There has been considerable demand from community-based groups for capital grant assistance under the programme and every county has benefited from significant grant commitments to provide new and enhanced community-based child care facilities. My Department is 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 different budget lines under the capital programme to ensure that the most effective use is made of all remaining capital funding in accordance with the objectives of the programme.

Every effort is being made to expedite the programme review of the capital elements of the equal opportunities child care programme to ensure all capital projects which have already received grant allocations will proceed. It would be premature of me to comment further on specific applications for capital grant assistance under the programme at this time.

Legal Aid Service.

Paul Kehoe

Question:

351 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the cost of providing free legal aid in 2003; the number of persons who availed of the scheme in 2003 more than two times during the year; and the amount paid out in overtime to the legal profession providing free legal aid for court sittings that took place after 4 p.m. [10711/04]

The Legal Aid Board received a grant-in-aid of €18.389 million for the year 2003. In addition, a further €335,494 was received by the Legal Aid Board in client contributions in 2003 in accordance with the provisions of section 29(1)(b) of the Civil Legal Aid Act 1995. Solicitors in the board are not paid overtime.

The cost of providing criminal legal aid in 2003 was €37.346 million. Overtime is not paid to members of the legal profession under the criminal legal aid scheme. However, supplementary refresher fees are payable to solicitors and barristers in cases that continue after 5 p.m. In 2003, the following "after 5" fees were paid to solicitors and barristers:

Claimant

Number of claims

Amount paid

Solicitors

214

273,000

Barristers

403

918,562

Records are not maintained in a way which would readily identify the number of persons who availed of legal aid more than twice during the year and the information sought could be compiled only by the diversion of staff from other important work.

Residency Permits.

Brendan Howlin

Question:

352 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the position in relation to the application for residency by a person (details supplied) in County Wexford who is the parent of an Irish-born child; and if he will make a statement on the matter. [10712/04]

The person concerned, along with her then six year old son, arrived in the State on 19 August 2002 and made an asylum application. On 4 September 2002 she gave birth. On 8 October 2002 she withdrew her asylum application and applied for residency on the basis of parentage of the Irish born child.

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 which were outstanding on that date. There are a large number of such cases outstanding at present, including the case to which the Deputy refers.

Since the person in question does not have 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 her. If, in light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, the Minister decides not to make a deportation order she will be given leave to remain on a humanitarian basis. Because of the large number of such cases on hand, I am unable to say at this stage when the file will be examined.

Deportation Orders.

Brendan Howlin

Question:

353 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the names, ages and former addresses here of the nationals deported on 31 March 2004; the number of deportation orders signed by him awaiting execution; and if he will make a statement on the matter. [10713/04]

The Garda national immigration bureau removed a total of 61 persons on a charter operation to Romania and Moldova on 31 March 2004. The persons concerned were mainly former asylum seekers who had their claims for refugee status refused after due consideration by one or both of the two independent statutory offices established to consider such applications i.e. the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal.

Section 19 of the Refugee Act 1996 specifically requires, inter alia, the Minister for Justice, Equality and Law Reform to take all practicable steps to ensure that the identity of applicants is kept confidential. Therefore, the precise information sought cannot be provided. However, I can provide the following statistical details in respect of those removed:

Country of destination

No. of adults deported

No. of dependent minors deported

Voluntary returns

Persons refused leave to land in the State

Romania

44

3

3*

5

Moldova

5

1

Nil

Nil

*Irish born children who accompanied their parents.

There are currently 637 deportation orders, arrangements for the implementation of which are being made. There are a further 4,883 persons who failed to present themselves to the Garda national immigration bureau in accordance with the arrangements made for the implementation of deportation orders made against them. These persons are classified as evaders and, although it is not known how many actually remain in the State, they are subject to arrest and detention for the purposes of deportation.

Hazardous Substances.

Pat Rabbitte

Question:

354 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if her attention has been drawn to concerns expressed at the security implications of the importation of significant amounts of enriched ammonium nitrate blends of fertilisers from outside the EU, especially in view of reports that such material has been used in terrorist bombings abroad; if, in view of the fact that the importation into Northern Ireland of such material has been banned by the authorities there on security grounds, he has plans to impose similar controls or restrictions in this jurisdiction; and if he will make a statement on the matter. [10741/04]

Ammonium nitrate and ammonium nitrate-based fertilisers have been used by terrorists to manufacture improvised explosive devices in this jurisdiction, and in Northern Ireland, for many years. For that reason, regulations were introduced in 1972 in both parts of the Island declaring ammonium nitrate and some ammonium nitrate-based fertilisers to be explosives.

In particular, SI 191 of 1972, Explosives (Ammonium Nitrate and Sodium Chlorate) Order 1972, declares that the substances specified in the Schedule to the order shall be deemed to be explosives within the meaning of the Explosives Act 1875. The Schedule to the order includes, inter alia, ammonium nitrate and certain fertilisers which contain ammonium nitrate in excess of 79% by weight. Under the terms of the order, these substances are deemed to be explosives within the meaning of the Act and are, therefore, subject to the same security controls for licensing, importation and storage as conventional explosives.

The Northern Ireland order was amended in 1996 to state in essence that no one particle in a blended fertiliser may contain more than 79% by weight of ammonium nitrate. This means that if a blend contains a single granule or "prill" of ammonium nitrate it would fall within the remit of the order and would be declared an explosive.

The question of amending the relevant order in this jurisdiction in line with the amended order in Northern Ireland was considered in 2000 but, following consultation with all relevant agencies, including the Forensic Science Laboratory, the Department of Agriculture, Food and Rural Development and the State Laboratory, it was decided that such an amendment was not necessary. However, in the light of recent events and the concerns expressed in relation to certain imports, I have asked officials of my Department to consult urgently with all relevant State agencies and the industry to examine these substances with a view to assessing the ease of segregation of ammonium nitrate from the blended fertiliser and to make recommendations in relation to the control of the substances.

Citizenship Applications.

Jack Wall

Question:

355 Mr. Wall asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 425 of 10 February 2004, the position regarding the application by a person (details supplied) in County Kildare for naturalisation; and if he will make a statement on the matter. [10753/04]

As I informed the Deputy in response to Question No. 369 of 9 March 2004, the application of the individual concerned will be processed to finality and I will inform him as soon as I make a decision on the matter. This remains the position.

Health Board Services.

Olwyn Enright

Question:

356 Ms Enright asked the Minister for Justice, Equality and Law Reform the position with regard to the education of unaccompanied minors living in hostel accommodation in Dún Laoghaire (details supplied); and if he will make a statement on the matter. [10754/04]

The provision of education to unaccompanied minors is a matter for the Minister for Education and Science and my Department has no role in this regard. Their care is the statutory responsibility of the health boards. In the Eastern Regional Health Authority Area, the East Coast Area Health Board, ECAHB, carries out this function for the three local area health boards.

The Social Welfare (Miscellaneous Provisions) Act 2003 which was commenced on 27th May, 2003, restricts the awarding of a rent supplement to asylum seekers. Guidance issued to health boards by the Department of Social and Family Affairs — SWA Circular No. 02/03 — stipulates that, where unaccompanied minor asylum seekers reach 18 years of age and are discharged from the care of a health board, they should be offered placement in adult direct provision accommodation.

Arising from this, when unaccompanied minors reach 18 years of age and are discharged by the health boards from their care they are provided with direct provision accommodation by the Reception and Integration Agency, RIA, which operates under the aegis of my Department. It should be noted, however, that a health board, in line with the provisions of social welfare legislation, may exercise discretion and retain persons in its accommodation who have attained 18 years of age where there is a determination that the individual is vulnerable or does not have a sufficient level of maturity to be accommodated in an adult facility.

To date the RIA has arranged placements for approximately 150 former unaccompanied minors in direct provision accommodation at the request of the ECAHB. In addition, the RIA has also arranged a small number of placements in such accommodation in the Cork city area at the request of the Southern Health Board. The RIA, in consultation with the dedicated social work team of the ECAHB working with unaccompanied minors, has made a major effort to ensure that former unaccompanied minors who are second level students are facilitated in continuing to attend school by effecting placements close to their previous health board accommodation.

During the February mid-term break a senior official from the RIA attended meetings with former unaccompanied minors who had been relocated to direct provision accommodation to discuss what further initiatives could be put in place to facilitate their continuance in education. The RIA also engaged in discussions with VECs, Southside Partnership, Dún Laoghaire Refugee Support Group, Northern Area Health Board, NAHB, and the ECAHB to identify ways to improve transitional supports for former unaccompanied minors attending school. Arising from these discussions study facilities are being enhanced in direct provision centres. It is also intended to improve tutor supports for leaving certificate students. In the context of transitional supports the NAHB will ensure that all leaving certificate students in direct provision receive appropriate SWA payments. In addition, every full-time student is being advised to avail of their entitlement to child benefit until they reach 19 years of age. Further referrals of former unaccompanied minors are due to take place over the coming months and I am informed by the RIA that they have agreed with the ECAHB to defer referrals of examination students until the State examinations have been completed in late June 2004.

Asylum Applications.

Paul Kehoe

Question:

357 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform when residency will be granted to persons (details supplied) in County Dublin. [10755/04]

The persons concerned arrived in the State in August 2001 and made an asylum applications. They had a child in March 2002 and withdrew their asylum applications and applied for residency on the basis of parentage of that child.

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 which were outstanding on that date. There are a large number of such cases outstanding at present, including the cases to which the Deputy refers.

Since the persons in question do not have 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 them. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act, 1999, the Minister decides not to make deportation orders they will be given leave to remain on a humanitarian basis. Because of the large number of such cases on hand I am unable to say at this stage when the file will be examined.

Garda Stations.

Emmet Stagg

Question:

358 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he will reconsider his refusal to provide a 24 hour Garda station in north Kildare to serve the towns of Maynooth, Leixlip and Celbridge, in view of opportunities now presenting in terms of a site and shared service centre; and if he will make a statement on the matter. [10771/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources including personnel that Maynooth and Celbridge Garda stations form part of Naas district in the division of Carlow/Kildare. Naas Garda station is open to the public on a 24-hour basis. The Maynooth and Celbridge area is patrolled on a 24-hour basis by a patrol car. This is increased to two patrol cars at weekends. Leixlip Garda station forms part of Lucan district in the Dublin metropolitan region, western division. Lucan Garda station is open to the public on a 24-hour basis. The Leixlip area is patrolled by the Leixlip patrol car on a 24-hour basis. Local Garda management is satisfied that the arrangements currently at Maynooth, Leixlip and Celbridge are adequate to meet the present policing needs of the area. There are currently no plans to establish a district headquarters for the area of Maynooth, Leixlip and Celbridge.

Local Authority By-Laws.

Gerard Murphy

Question:

359 Mr. Murphy asked the Minister for Justice, Equality and Law Reform if he will extend the powers of local authorities to enable them to enact by-laws preventing the drinking of alcohol in parks owned by community councils in the context of public order legislation. [10778/04]

I understand that the power to make by-laws of this nature is already available to local authorities. In fact some local authorities have already taken decisive action to control the consumption of alcohol in certain public places by adopting by-laws prohibiting the consumption of intoxicating liquor in public places within their administrative areas. I have been informed by the Department of the Environment, Heritage and Local Government that the statutory basis for such action by local authorities is to be found in Part 7 of the Local Government Act 1994 and the Local Government (Bye Laws) Regulations 1995, that the making of by-laws in relation to this particular issue is a matter for each local authority and that no ministerial confirmation is necessary. Any proposals to amend that legislative framework would be a matter for the Minister for the Environment, Heritage and Local Government.

In so far as my area of responsibility is concerned, the Garda Síochána has extensive powers under certain provisions of the 1994 Criminal Justice (Public Order) Act to deal with drink related problems wherever they occur and irrespective of the person's age. These powers have been strengthened very significantly in the Criminal Justice (Public Order) Act 2003 which came into force on 28 June 2003. That Act is designed to tackle the problem of drunken late night street disturbances and provides for the closure of premises such as pubs, off licences, late night clubs and food premises as well the making of exclusion orders on individuals in addition to any penalty which may already be imposed under the 1994 Act. Furthermore, the Intoxicating Liquor Act 2003 tightened up the law quite considerably in relation to the sale and supply of drink. With regard to the matter of the supply of drink to under-aged persons, the Act prohibits the purchase or delivery of alcohol for consumption by a person under 18, except where it is for consumption in a private residence and with the explicit consent of parents or guardians. In so far as specific measures to outlaw drinking in public open spaces, such as parks and green spaces are concerned, the provisions in the criminal law and intoxicating liquor laws which I have outlined above are general in their scope and effect, and as such would certainly be capable of being enforced by the Garda in these situations.

Citizenship Applications.

Willie Penrose

Question:

360 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the criteria and condition which a person from New Zealand who has lived here for the past five years, is in the course of purchasing a house here and is marrying an Irish girl, must satisfy in order to obtain a certificate of naturalisation; and if he will make a statement on the matter. [10779/04]

On the assumption that the person concerned does not have Irish antecedents, and since he is not yet married to an Irish citizen, it would appear that naturalisation would indeed be the appropriate course for him to obtain Irish citizenship.

Section 15 of the Irish Nationality and Citizenship Act 1956 as amended in 1986 and 2001, sets out the requirements for naturalisation. These conditions are: an applicant must be of full age; be of good character; have had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; [section 16A of the said Act provides that no period of residence shall be reckoned in respect of which an applicant does not have my permission to remain in the State or has been granted permission to remain for the purposes of study or has been seeking recognition as a refugee within the meaning of the Refugee Act 1996]; intend in good faith to continue to reside in the State after naturalisation; and have made, either before a judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State. Further information and the necessary application forms may be obtained from my Department's website —www.justice.ie — or by telephoning the citizenship section helpline on Tuesdays or Thursdays between 10:00 a.m. to 12:30 p.m. at Lo-call 1890 551 500 or (01) 6167700.

Garda Investigations

Seán Crowe

Question:

361 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if there has been consistent vandalism at St. Killian’s junior and senior school in Kingswood, Tallaght, Dublin 24 (details supplied). [10891/04]

I am informed by the Garda authorities that they have received one report of burglary and one of criminal damage to the school mentioned by the Deputy between 1 January and 14 February, 2004. I also understand from the Garda authorities that a number of complaints have been received about youths loitering in the vicinity of the school at weekends and in the evenings. Local gardaí have responded to these complaints and moved youths on when appropriate. I am assured that the area receives ongoing attention from mobile patrols and community gardaí on foot patrol and that local Garda management are satisfied that there are adequate resources deployed to deal with the problem mentioned by the Deputy.

Prison Management.

Aengus Ó Snodaigh

Question:

362 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on his restructuring of the management of Shelton Abbey and Loughan House; and the person who is running these institutions. [10893/04]

Proposals to close the open centres at Loughan House and Shelton Abbey, which are currently operating under the control of a prison governor, are being kept under continuing review in the light of progress in the talks with the Prison Officers' Association under the auspices of the Labour Relations Commission. I have already indicated that, in the event of the closures going ahead, the intention is to transform these two open centres into post release centres for the reintegration into society of prisoners on conditional temporary release. Neither of the two centres would be under the control of the Irish Prison Service.

Proposed Legislation.

Aengus Ó Snodaigh

Question:

363 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the results of the public consultation process undertaken by his Department with respect to the Garda Síochána Bill 2004; the persons and organisations from which submissions were received; if any of the recommendations received result in changes in the Bill’s provisions; and if so, which. [10894/04]

Around 15 persons and organisations responded to the invitation to make submissions in relation to the scheme of the Garda Síochána Bill published last July. In addition, views were received from Garda Commissioner, the Attorney General, and the Director of Public Prosecutions when the scheme of the Bill was first published. During the drafting process there were consultations with Garda management, meetings with a number of the Garda associations, the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights, the Department of the Environment, Heritage and Local Government and there was continual consultation with the Office of the Attorney General. The individuals and bodies who made submissions were 1: Mr. Brian B. Waters, member of Amnesty International; 2: Mr. Philip Cronin; 3: Mr. Michael Kearney; 4: Mr. Brendan Cafferty; 5: Fingal Development Board; 6: Irish Council for Civil Liberties; 7: Dr. Barry Vaughan; 8: Deputy Aengus Ó Snodaigh, Sinn Féin; 9: Mr. Jim Desmond; 10: Mr. Tim O'Leary, Listowel Town Council; 11: Professor Dermot Walsh, University of Limerick; 12: Cork County Council; 13: Garda superintendents; 14: Mr. Dan Danaher, Irish south-west branch NUJ; and finally, 15: the Human Rights Commission.

All the submissions were welcome, were given due consideration and contributed to the process. The Deputy will be aware that the final Bill as published in February builds upon and in some respects differs from the original scheme. I am currently considering amendments arising from points made by Senators during the Second Stage Debate on the Bill in the Seanad. It would not be feasible to try and link all the changes made to particular submissions received.

Anti-Racism Measures.

Aengus Ó Snodaigh

Question:

364 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the Government’s position on the EU Framework Decision on Combating Racism and Xenophobia; if the Government support the proposal; if not, the reasons therefor. [10895/04]

The proposal for a Council framework decision on combating racism and xenophobia was presented by the Commission in November 2001. It has been extensively debated but, in April 2003, the then Presidency conceded that it was unable to obtain final agreement on the proposal. In preparation for the Irish Presidency, I visited the capitals of member states for an exchange of views with Justice and Interior Ministers on many issues relevant to our Presidency, including whether there was any realistic chance that agreement could be reached on this framework decision. As it was clear to me that positions had not changed, and it was unlikely that they would change in the timeframe of the Irish Presidency, I reluctantly concluded that attempting to initiate further discussions at this stage would divert resources which would be better concentrated on issues where there was a possibility of agreement. The current text of the framework decision, that is the text on which agreement could not be reached in April 2003, is one with which I concurred and I hope it will not be too long before all member states are in a position to agree a final text. At that time I will seek the approval of the Government and the Houses of the Oireachtas to it.

Prison Management.

Aengus Ó Snodaigh

Question:

365 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will make a statement on the reports of the prison inspectorate with respect to Fort Michael, Wheatfield and Loughan House. [10896/04]

I understand that the Inspector of Prisons and Places of Detention is currently preparing his second annual report. The report will be submitted to me and published in due course by my Department.

The Inspector of Prisons and Places of Detention has carried out a number of inspections since his first annual report was published last year. His reports of inspections at the places of detention at Fort Mitchel and Loughan House and at Wheatfield Prison were recently published on my Department's website —www.justice.ie. The inspector made a number of recommendations in these reports aimed at improving services and conditions in the relevant institutions. Some of the recommendations have been implemented and others will be implemented as resources permit.

The Deputy will be aware that Fort Mitchel Place of Detention closed on 10 February 2004 due to the 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. Fort Mitchel will resume its role as a closed detention centre in the event that agreement is reached with the Prison Officers Association. Implementation of longer-term recommendations made by the Inspector of Prisons and Places of Detention will be considered in the context of the reopening of Fort Mitchel.

Visa Applications.

Denis Naughten

Question:

366 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was refused a visa application renewal; and if he will make a statement on the matter. [10897/04]

The person in question made a visa application in February 2004. The application was refused due to insufficient documentation as the full copy of the old passport not submitted. It is open to the applicant to appeal against the refusal of the visa by writing to the visa appeals officer in my Department and enclosing additional supporting documentation.

Water and Sewerage Schemes.

Paul Connaughton

Question:

367 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government the status of the application for a sewerage scheme at Creggs, County Galway; and if he will make a statement on the matter. [10448/04]

Denis Naughten

Question:

370 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the status of the application for the development of a sewerage scheme for the village of Creggs, County Galway; and if he will make a statement on the matter. [10487/04]

I propose to take Questions Nos. 369 and 370 together.

A preliminary report for Creggs sewerage scheme was submitted to my Department by Galway County Council in 1999 but has not been approved.

The scheme was seventeenth on the list of sewerage schemes submitted by Galway County Council in response to my Department's request to local authorities in 1998 to undertake a five yearly assessment of the needs for capital water services works in their areas and to prioritise their proposals on the basis of the assessment. Given the rating afforded to the scheme by the council at that time it has not been possible to include it in the water services investment programme. The scheme is fourth in the most recent priority list of sewerage schemes furnished by Galway County Council last December in response to my Department's request to all local authorities in 2003 to produce updated assessments of needs. This latest assessment will be taken into account in the framing of the next phase of the water services investment programme in due course.

Fire Stations.

Brian O'Shea

Question:

368 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a new fire station at Lismore, County Waterford; and if he will make a statement on the matter. [10450/04]

There is no formal and fully stated proposal before my Department from Waterford County Council for a new fire station at Lismore. Under the recent review of fire station proposals, initiated by my Department with the fire authorities to assist in developing future station programmes, the council's assessment of its priority needs for future, new or upgraded fire stations included a new fire station at Lismore as the council's third priority.

Road Network.

Seán Power

Question:

369 Mr. S. Power asked the Minister for the Environment, Heritage and Local Government when the Greenhills Road, Tallaght, will be open in view of the fact that works on the development of same are complete; and if he will make a statement on the matter. [10484/04]

I understand that South Dublin County Council, as part of the finalisation of this road contract, are at present in discussions with the contractor about the completion of certain elements of this scheme. When these issues are resolved, the council envisages opening the new road.

Question No. 370 answered with QuestionNo. 367.

Election Management System.

John McGuinness

Question:

371 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government the steps he is taking to ensure that non-nationals can register to vote in Garda stations using their social welfare or GNIB identity card instead of their passports which are often held by the authorities or simply not available; if a standard procedure across the country will be adopted; and if he will make a statement on the matter. [10488/04]

The question of the identification documents required for electoral purposes is under examination in my Department in consultation with the Department of Justice, Equality and Law Reform.

Breeda Moynihan-Cronin

Question:

372 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the number of polling stations in use in the constituency of Kerry South for the elections in June 2004; the number which are not fully accessible to persons with disabilities; if it is a statutory requirement that public notice be given of a lack of access to a polling station in advance of an election; and if he will make a statement on the matter. [10517/04]

Electoral law provides that the returning officer must, where practicable, give public notice of all polling stations, which are inaccessible to wheelchair users not later than eight days before polling day. If an elector has difficulty gaining access to their polling station, the person may apply in writing for authorisation to vote at another polling station in the same constituency.

The appointment of polling stations is a matter for the appropriate returning officer. Details in relation to the number of polling stations planned for particular elections, or of their accessibility to persons with a disability, are not available in the Department.

Nuclear Plants.

Charlie O'Connor

Question:

373 Mr. O’Connor asked the Minister for the Environment, Heritage and Local Government the contacts he has had with regard to the threat posed by Sellafield; the position regarding same; and if he will make a statement on the matter. [10531/04]

I refer to the reply to Questions Nos. 143 and 147 of 3 February 2004. The position is unchanged.

Departmental Correspondence.

Denis Naughten

Question:

374 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he will respond to correspondence (details supplied); and if he will make a statement on the matter. [10568/04]

Equality Issues.

Róisín Shortall

Question:

375 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the plans he has to regulate recruitment processes to ensure that prospective employers make the recruitment process transparent from the point of application in view of problems highlighted in the case of a position (details supplied); and if he will take the opportunity of the next bill in this general area to incorporate such provisions into legislation; and if he will make a statement on the matter. [10587/04]

In the case referred to in the question, Dublin City Council engaged the Local Appointments Commission to undertake the initial selection process in accordance with its well-established procedures.

The Public Service Management (Recruitment and Appointments) Bill 2003 which is currently before the Oireachtas will, when enacted, provide a modern and efficient framework for public service recruitment to ensure that the current high standards in recruitment and selection procedures are maintained. This legislation will apply initially to senior administrative and technical posts in local authorities which are currently filled by competition conducted by the Local Appointments Commission in accordance with the provisions of the Local Authorities (Officers and Employees) Act 1926. There is also provision to extend by order the application of the Bill to other local authority employments.

Library Projects.

Bernard Allen

Question:

376 Mr. Allen asked the Minister for the Environment, Heritage and Local Government if funding has been made available to Cork City Council for the development of a new library at Bishopstown, Cork, which is to be located at the Wilton Shopping Centre. [10597/04]

Approval in principle first issued in October 1992 for a branch library in Bishopstown but that proposal did not proceed. A revised request for approval in principle was received from Cork City Council in November 2003 for a branch library at Bishopstown; this involved a new site in the Wilton Shopping Centre as the local authority consider that the original site is no longer suitable. This proposal is currently being examined in my Department. The allocation of funding does not arise at this stage of the planning of the project.

Fire Stations.

Eamon Gilmore

Question:

377 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the progress that has been made on funding for a new fire engine for Aranmore Island, County Donegal; and if he will make a statement on the matter. [10618/04]

My Department and the Department of Community, Rural and Gaeltacht Affairs have sought to conclude an agreed funding package with Donegal County Council for the provision of a fire appliance at Aranmore, County Donegal.

Safety Guidelines.

Mildred Fox

Question:

378 Ms Fox asked the Minister for the Environment, Heritage and Local Government the safety guidelines in place for the operation of private and leisure centre swimming pools. [10679/04]

My Department issued safety recommendations for swimming pools in 1986. I shall ask the Irish Water Safety Association to review them with a view to producing more modern and comprehensive guidance.

Local Authority Funding.

Phil Hogan

Question:

379 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government if it is usual for the chairman of the County and City Managers Association to comment on the annual financial allocations; and the statutory role of that organisation to do so. [10681/04]

The association is not a statutory agency. It is normal practice for bodies representing local authority interests, including the CCMA, to comment occasionally on issues of relevance to local government.

Development Levies.

John Bruton

Question:

380 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if he will put in place a long-term financing system for local authorities to replace the gap that will eventually be created when development returns to normal levels and a consequential reduction in income from development levies takes effect. [10683/04]

Development levies are collected by local authorities to contribute towards the costs of providing infrastructure and facilities associated with particular development.

The issue of long term funding of local authorities generally is subject to a major independent review of local government financing, which, I have recently commissioned. I expect that the review which, is being undertaken by Indecon Economic Consultants in association with the Institute of Local Government Studies, will be completed in early 2005.

Local Authority Housing.

Cecilia Keaveney

Question:

381 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government about a social housing scheme application (details supplied) in County Donegal. [10691/04]

Cecilia Keaveney

Question:

382 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government about a social housing scheme application (details supplied) in County Donegal. [10714/04]

I propose to take Questions Nos. 381 and 382 together.

Recently my Department approved the invitation of tenders for the projects. They will be carried out under the capital funding schemes for voluntary and co-operative housing projects.

Land Acquisitions.

John Gormley

Question:

383 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government if his Department will consider pursuing a policy of buying churches and church lands on sale; and if his Department has developed a policy to deal with the large number of churches and lands coming on the market. [10715/04]

The acquisition of land for housing is a matter for the relevant housing authority. My Department is aware that local authorities and voluntary housing bodies have in the past obtained land from diocesan authorities and religious orders for housing developments at no cost or at below market value. Local authorities will continue to accept lands for housing made available on this basis with due cognisance to the best use of their resources and value for money in the provision of low cost social and affordable housing.

Any church lands acquired and developed by private developers for residential purposes will be subject to the Part V social and affordable housing provisions.

Local Elections.

Eamon Ryan

Question:

384 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government his views on whether a restriction can apply to a person holding a migrant working permit, who has been a resident here for more than six months, from standing as a candidate in the local elections in June. [10743/04]

Subject to the disqualifications set out in section 13 of the Local Government Act 2001, a person is eligible for election and membership of a local authority if he or she is a citizen of Ireland or is ordinarily resident in the State and has or will attain the age of 18 years on or before polling day at a local election.

EU Directives.

Eamon Ryan

Question:

385 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government the EU regulations or directives expected on monitoring and abatement of noise levels in residential areas; the existing regulations for such noise created by construction activity; and the agencies responsible for the monitoring and enforcement of such regulations. [10744/04]

EU Directive 2002/49/EC on the assessment and management of environmental noise is required to be transposed into national law by 18 July. It applies to noise from, inter alia, industrial activity and major sources of road, rail and air traffic. It does not apply to noise from, inter alia, domestic activities, and noise created by neighbours and at workplaces.

Legislation governing noise disturbance from construction activity is provided for under the Planning and Development Act 2000. It enables planning authorities to impose planning conditions on a permission to reduce or prevent noise emissions on a case basis. Enforcement of any such conditions is a matter for the relevant planning authority. Also, under the Act a planning authority may include objectives in its development plan to reduce or prevent noise emissions. Where this is done development control decisions must be made by reference to the development plan objectives.

Section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise from any premises, processes or works. The EPA has power to control an activity for which a licence is required under the integrated pollution control licensing system.

Under the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 a local authority, the EPA or any person may seek an order in the District Court to have noise giving reasonable cause for annoyance abated. I am aware that noise in the workplace, including construction sites, is regulated under the health and safety code, with operational responsibility falling to the Health and Safety Authority.

Fire Stations.

Emmet Stagg

Question:

386 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he received proposals from Kildare County Council for the provision of a new fire station; if so, the proposed location; and if it will be a three bay, four bay or five bay station. [10745/04]

My Department has not received a formal proposal from the council for a new station. Recently a review of proposals was initiated by my Department with fire authorities. The council indicated future plans for new fire stations at Maynooth and Monasterevin.

Water Charges.

Olwyn Enright

Question:

387 Ms Enright asked the Minister for the Environment, Heritage and Local Government his views on the high charges being paid by a number of schools for the provision of water; and the number of schools in the State that are charged for water supply. [10746/04]

The national water pricing policy framework requires local authorities to recover the cost of providing water services from the users of these services. Households using the services for domestic purposes are the exception. The policy framework provides for the full recovery of non-domestic water services costs and the metering of these users by 2006. This is in accordance with an appropriate application of the polluter pays principle and the requirements of Article 9 of the EU water framework directive.

My Department does not collect information on charges. The framework only provides for the recovery of costs and charges should be determined having regard to this principle.

Road Network.

Emmet Stagg

Question:

388 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he received a request from Kildare County Council for additional special funding to carry out repairs to local roads in the environs of Straffan, County Kildare, in preparation for the Ryder Cup in 2006; and if he will give his attention to the special request. [10772/04]

A special Exchequer grant of €2.5 million was allocated to the county council in 2004. It paid for improvements to the road between Barberstown crossroads and the Straffan Road and the road between Kill interchange and Straffan village.

Local Authority Funding.

Willie Penrose

Question:

389 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government how local authorities will meet their commitments under the benchmarking scheme for outdoor working staff; and if his Department will fund same. [10904/04]

Local authorities fund their expenditure, including expenditure on pay, from a number of sources. These include specific State grants, commercial rates, rents, fees and charges for services and general purpose grants from the local government fund. Local authorities deal with pay costs, including benchmarking, like current expenditure demands through their annual budgetary process.

Over recent years the funding from the local government fund was increased significantly. Some €752 million was allocated in general purpose grants in 2004. It represents an increase of 14% over the corresponding allocation for last year and is almost 121% higher than 1997.

I am satisfied that the level of funding being provided to local authorities through general purpose grants will make an appropriate contribution to meeting local authority current costs in 2004.

Water and Sewerage Schemes.

Willie Penrose

Question:

390 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government if he will report on the status of Westmeath County Council’s provision of a new sewerage scheme at Castletown-Geoghegan; and if he will make a statement on the matter. [10905/04]

The new scheme is included in a pilot programme being undertaken by the national rural water monitoring committee. It will test a range of small scale wastewater collection and treatment systems. At present my Department is examining the revised contract documents for the Castletown-Geoghegan scheme and a number of other schemes. They will be dealt with as quickly as possible.

Rural Social Scheme.

Fergus O'Dowd

Question:

391 Mr. O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs how the new rural social scheme will operate; and how he will allocate the 2,500 places. [10479/04]

In my reply to Questions Nos. 122, 133, 171 and 196 on 9 March I outlined the reasons that the Leader companies and Údarás na Gaeltachta might be well positioned to deliver the scheme locally. The reasons remain valid.

My Department is developing guidelines for the scheme, including how to allocate places. I hope to publish them in the near future.

Dormant Accounts Fund.

Mary Upton

Question:

392 Dr. Upton asked the Minister for Community, Rural and Gaeltacht Affairs the reason an application for dormant accounts funding from a community group (details supplied) in Dublin 10 was not considered; and if he will make a statement on the matter. [10480/04]

Gay Mitchell

Question:

394 Mr. G. Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs if ADM will extend the deadline for applications to allow the Matt Talbot Community Trust application (details supplied) to be considered in view of post and fax difficulties. [10689/04]

I propose to take Questions Nos. 392 and 394 together.

The Dormant Accounts Fund Disbursements Board engaged Area Development Management Limited to administer the initial round of funding on its behalf. This involves the disbursement of up to €30 million. An invitation to organisations and groups to apply for funding was advertised in the national newspapers on Friday 21 November 2003. The closing date for receipt of applications for this round of funding was 5 p.m. on 5 March, as advertised in the national newspapers on 20 February.

According to ADM's records no application was received from the organisation concerned by the deadline. An application was received on Monday, 29 March. Evidence has been provided of an unsuccessful attempt to fax application details on 5 March after the 5 p.m. deadline.

The delivery of applications is a matter for applicant groups. However, the published deadline is the same for each medium, whether it is by post, by hand, fax or e-mail. The application was not received by ADM before the published closing deadline and, therefore, it cannot be consider for the current round of funding.

Feabhsúcháin Bóithre.

Eamon Gilmore

Question:

393 D’fhiafraigh Mr. Gilmore den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an mbeidh airgead á chur ar fáil i mbliana le feabhsú a dhéanamh ar bhóthar contae ar Oileán Árainn Mhór, Chontae Dhún na nGall. [10617/04]

Ar 14 Bealtaine 2003, cheadaigh mé deontas €48,500 nó 50% den chostas do Chomhairle Chontae Dhún na nGall chun athchóiriú a dhéanamh ar dhromchla an bhóthair chontae go dtí Droichead Bhaile na Trá ar Oileán Árann Mhóir. Tá €16,500 den deontas sin fós le híoc agus íocfar é leis an gComhairle Chontae ach na hoibreacha cuí a bheith críochnaithe chun sástacht mo Roinnse.

Tá iarratas déanta ag Comhairle Chontae Dhún na nGall ar chúnamh ó mo Roinnse chun tuilleadh oibreacha a chur i gcrích ar bhóithre contae ar Oileán Árann Mhóir. Ach na hoibreacha a bhfuil deontas ceadaithe ina leith a bheith críochnaithe, déanfar an t-iarratas ar chúnamh breise a mheas tuilleadh i gcomhthéacs na n-iarratas eile atá faighte agus an airgid atá ar fáil dom le caitheamh ar fhorbairt na n-oileán.

Ní miste a lua go bhfuil €931,297 íoctha ag mo Roinn le Comhairle Chontae Dhún na nGall i leith fheabhsú bhóithre ar Oileán Árann Mhóir le sé bliana anuas.

Question No. 394 answered with QuestionNo. 392.

Community Development.

Enda Kenny

Question:

395 Mr. Kenny asked the Minister for Community, Rural and Gaeltacht Affairs if representatives from the community and voluntary sector will continue to sit on the board of ADM in view of the recent report by consultants (details supplied) on the working of the company; if not, the reason therefor; and the persons who will replace these board members. [10730/04]

Enda Kenny

Question:

396 Mr. Kenny asked the Minister for Community, Rural and Gaeltacht Affairs if he plans to ensure the continuance of community representation on local development groups and boards; and if not, if he intends to replace it with Government nominees. [10731/04]

I propose to take Questions Nos. 395 and 396 together.

As mentioned in my reply to Questions Nos. 100 and 102 on 9 March, the report on ADM to which the Deputy refers noted the context in which ADM operates and how it has changed significantly since its inception, in particular, a shift from EU to Exchequer funding. It also identified accountability issues arising from current structures. The report is available on my Department's website.

I also indicated that the Government accepted the broad thrust of the report. ADM should be restructured to better reflect the context and priorities that now obtain, including the appointment of the chair and members of the board. I do not wish to pre-empt the Government's consideration of the matter. However, people should have relevant experience or competencies and should not be selected to represent sectoral interests. Of course persons involved in the community and voluntary sector would not be precluded from being appointed by Government.

At present I have no plans to change the selection procedures for members of local and community development bodies. The Government accepts that their hard work deserves the highest regard. I have already signalled to the House that it may be desirable to strengthen the democratic accountability of agencies and service providers in the area.

Social Welfare Benefits.

John McGuinness

Question:

397 Mr. McGuinness asked the Minister for Social and Family Affairs if supplementary welfare allowance will be awarded in the case of a person (details supplied) in County Kilkenny; and if an appeal will be arranged in view of the hardship of the case and the poor financial circumstances of the family. [10526/04]

The South Eastern Health Board was contacted. The board refused the application for an exceptional needs payment for replacement equipment on the grounds that the person concerned should explore the possibility of repair rather than replacement. It will consider an application for assistance towards the cost of repairs if this arises. If the person is not satisfied with the board's decision she may lodge an appeal with the health board appeals officer.

Pension Provisions.

Richard Bruton

Question:

398 Mr. R. Bruton asked the Minister for Social and Family Affairs the number of defined benefit schemes that fall short of the minimum funding standard under the Pensions Act 1990; the proportion that it represents of all schemes that have been examined; and the implications and advice that she can offer to members of pension schemes that fall short of the minimum standard. [10604/04]

The minimum funding standard that applies to defined benefit occupational pension schemes under the Pensions Act 1990 is a wind-up standard. It is designed to ensure that there are sufficient assets to meet the liabilities. The standard has served pension members well since 1990. Over the past couple of years it has come under considerable strain and there are differing views on its appropriateness in current circumstances. One view is that a wind-up standard is not appropriate for pensions because the vast majority of them do not wind-up. They require long-term investment strategies. Others take the view that the only way to achieve security of members' benefits is to have a wind-up standard.

There is tension between the desire to ensure the security of members' benefits in the event of a wind-up and the need to ensure that employers, who have voluntarily set up occupational pension schemes, are not penalised in the short-term when they can in fact meet their long-term liabilities. The Pensions Board is reviewing the funding standard in the light of experiences here and abroad over the past number of years. It will report to me later this year. I facilitated some flexibility being introduced to ease employers' burdens in the short-term pending the overall review.

The Pensions Board is the statutory regulator of occupational pensions and monitors compliance with the funding standard. The board gave me the following data. During the 12 month period 1 April 2003 to 31 March 2004, 444 actuarial funding certificates were submitted to the board by the trustees of defined benefit occupational pension schemes. Of these 98 AFCs, or 22%, certified that the schemes in question did not satisfy the funding standard requirements of the Act.

Of these 98 schemes 68 have been examined and finalised by the board as follows: 54 funding proposals are designed to ensure the scheme can return to full funding within 3.5 years; and the remaining 14 funding proposals have, in accordance with the legislation I introduced in 2003 to allow greater flexibility, a later date specified for a return to full funding. The board is examining the submission of funding proposals in respect of the remaining schemes.

Social Welfare Benefits.

Gerard Murphy

Question:

399 Mr. Murphy asked the Minister for Social and Family Affairs if the regulations can be changed to allow an unemployed person to sign on for a portion of their benefit if they take a job that only offers two to three hours daily. [10732/04]

Unemployment benefit provides for periods of involuntary unemployment. It is not payable in respect of any day during which a person is engaged in insurable employment or self-employment. To qualify for payment a person must be unemployed, available for and genuinely seeking work in respect of each declared day. Also, a person must be unemployed for at least three days in six consecutive days, excluding Sunday, to qualify for payment of unemployment benefit.

My Department administers a number of schemes to assist and encourage people to take up part-time or full-time employment. Among these are the family income supplement. It is designed to provide cash support for employees on low earnings with families, preserving the incentive to take up or remain in employment in circumstances where the employee might only be marginally better off than if he or she claimed other social welfare payments.

Subject to a minimum of 19 hours work per week or 38 hours per fortnight and the expectation that the employment will last at least three months, payment is calculated at 60% of the difference between the family's weekly assessable income and the threshold amount specified for the family size.

The part-time job incentive scheme is designed to encourage people in receipt of long-term unemployment assistance to accept an offer of part-time work in the absence of full-time vacancies. Subject to a maximum of 24 hours employment per week and regardless of earnings, a standard married or single rate of PTJI is payable. A person may claim unemployment assistance, subject to satisfying a means assessment, in preference to unemployment benefit.

The back to work enterprise allowance scheme has a minimum qualification of three years unemployed. The back to work allowance scheme has a minimum qualification of five years unemployed. Both schemes are available to people who wish to take up self-employment or insurable employment for at least 20 hours per week.

Further information on the above schemes may be obtained at any of my Department's local offices. I do not intend to change the unemployment benefit scheme at this time.

Bernard J. Durkan

Question:

400 Mr. Durkan asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Kildare has had their rent support reduced when they received child dependant allowance in respect of their second child; and if this is the normal practice. [10733/04]

Rent supplements are normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to his or her family circumstances, less a minimum contribution. At present recipients are required to pay €13 from their own resources.

In the case raised by the Deputy the amount of rent supplement was revised in November 2003 because the person concerned was in receipt of maintenance payments. Rent supplement is determined by the rate of basic supplementary welfare allowance appropriate to a person's circumstances. Account was taken of the second child. A one-parent family payment was subsequently increased to the level appropriate to a person with two children. The adjustment also affected the amount of rent supplement payable.

Jack Wall

Question:

401 Mr. Wall asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Kildare was refused clothing allowance for two of their children who shall make their confirmation and first communion. [10750/04]

The South Western Area Health Board refused the application for an exceptional needs payment because the level of household income was considered to be sufficient to provide for the expenses in question. If the person concerned is not satisfied with the decision they may lodge an appeal with the health board appeals officer.

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