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Dáil Éireann debate -
Wednesday, 12 May 2004

Vol. 585 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 11, inclusive, answered orally.
Questions Nos. 12 to 31, inclusive, resubmitted.
Questions Nos. 32 to 40, inclusive, answered orally.

Employee Shareholding Scheme.

Dan Boyle

Question:

41 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources if the proposed ESOT for workers within ESB will be equally available to workers in the national grid company and the supply, generation and consultancy parts of the business; if negotiations have been completed on the remuneration package that will be available to senior management as part of such a share offering; and the details of such agreements. [13686/04]

As I explained in response to Question No. 13 on this issue on 1 April 2004, the Government has already provided for an employee shareholding in ESB.

A 5% employee share ownership plan, ESOP, was a feature of the cost and competitiveness review, CCR, agreed between the Government and ESB management and ESB group of unions in 1996. The legislative delay in converting ESB to a public limited company with a share structure hampered the delivery of this commitment.

In 2001, an Electricity Act was passed which allowed ESB create capital stock for ESOP purposes thus enabling the 5% ESOP to be rolled out. Eligibility for participation in the ESOP is a matter for the ESB board and the group of unions and is established in accordance with the terms of the ESB ESOP trust deeds, the terms of which meet the requirements of the Taxes Consolidation Act 1997.

I understand that all permanent employees of ESB in the year ended April 1998 are participants in the scheme, and this includes national grid and the staff of fully owned Irish subsidiary companies.

Participation of senior management in the ESOT is on the same basis as all other eligible employees and the question of a special remuneration package does not arise.

Decentralisation Programme.

John Bruton

Question:

42 Mr. J. Bruton asked the Minister for Communications, Marine and Natural Resources the position regarding the decentralising of his Department; if a site has been finalised; the number of staff who are willing to move; when he expects this move will take place; and if he will make a statement on the matter. [13633/04]

The Government announcement of 3 December 2003 in regard to decentralisation provides for the relocation of my Department's headquarters and staff to Cavan. In addition, BIM and the Central Fisheries Board are to re-locate to Clonakilty and Carrick-on-Shannon, respectively.

The proposed new Maritime Safety Agency, which will bring together the Coast Guard, the Marine Survey Office and the maritime safety divisions, will be headquartered in Drogheda.

It has subsequently been decided that the Department's seafood and coastal zone policy, management, technical and regulatory functions will be located in Clonakilty. Sustainable Energy Ireland is to relocate to the campus of Dundalk Institute of Technology.

The central applications facility, CAF, for decentralisation is being launched today by the Civil Service Commission. The CAF website provides details of business functions, grades and numbers being decentralised for each Department and organisation. An assessment by the Civil Service Commission of the outcome of the CAF process after eight weeks will be provided to the Flynn group.

The OPW is completing its assessment of proposals for sites at locations including Cavan, Clonalkilty and Carrick-on-Shannon with the objective of identifying the best overall value solution in line with client needs and in accordance with the agreed property procurement principles. OPW is consulting Departments including my own Department and agencies as the process moves forward.

Offshore Exploration.

Willie Penrose

Question:

43 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources if he will provide the latest information available to this Department regarding the proposed development of the Corrib gas field; and if he will make a statement on the matter. [13715/04]

All relevant approvals-consents from my Department were issued in early 2002 in respect of the proposed development of the Corrib gas field. These approvals-consents include: plan of development approval dated 15 April 2002 under the Petroleum and Other Minerals Development Act 1960; consent to construct a pipeline dated 15 April 2002 under the Gas Act 1976, as amended; consent under section 5 of the Continental Shelf Act 1968, as amended, dated 15 April 2002; and foreshore licence approval dated 17 May 2002 under the Foreshore Act 1933, as amended.

The proposed project was granted planning permission by Mayo County Council, MCC, on 30 April 2004 for a gas terminal at Bellanaboy, County Mayo.

This decision can be appealed to An Bord Pleanála within four weeks of the date of the decision by MCC. If no appeals are made during this period the project can commence. Should the decision be appealed to An Bord Pleanála, the timeframe for determining the appeal is 18 weeks from the date that the appeal is lodged.

Mobile Telephony.

John Deasy

Question:

44 Mr. Deasy asked the Minister for Communications, Marine and Natural Resources the action he has taken to tackle the growing problem of pornographic images being sent to children through mobile phone texting systems; and if he will make a statement on the matter. [13624/04]

As I stated on 24 February last in reply to a similar question, my colleague, the Minister for Justice, Equality and Law Reform, is responsible for policy in regard to the protection of children from the transmission of pornographic images by phones and other media.

I understand the Deputy's concern over the recent media reports of pornographic images being sent via mobile phones, however, legislation already exists to tackle this problem.

It is an offence under section 13 of the Post Office (Amendment) Act 1951, as amended by the Postal and Telecommunications Services Act 1983, to send by phone any message or other matter which is grossly offensive or of an indecent, obscene or menacing character. It is also an offence under section 10 of the Non-Fatal Offences Against the Person Act 1997 to harass a person by use of a telephone.

Anyone who has information about these matters should bring it immediately to the attention of the Garda Síochána for criminal investigation.

While, as I previously stated, legislation is in place, I cannot emphasise enough the role of parents in decisions concerning the purchase and use of mobile phones by their children. They should ensure that they are used appropriately by their children. This, ultimately, is the best way of safeguarding their children from the perils of abuse of such technology.

Pension Provisions.

Kathleen Lynch

Question:

45 Ms Lynch asked the Minister for Communications, Marine and Natural Resources if he has received accounts from the ESB showing a decrease in the company’s pension fund by €100 million; if he has held talks with ESB to discover whether the shortfall is due to employees drawing down from the funds, or poor management; and if he will make a statement on the matter. [13699/04]

I am not in a position to comment on the ESB annual report and accounts until they have been presented to the Government. I am aware that the evolution of share values in recent years, together with the implementation of FRS 17, is causing problems for pension funds generally, including those of commercial State bodies. The response to such problems is a matter for the companies, pension fund trustees and employees in the first instance.

When ESB published its last set of annual accounts for year ended 2002, the company, in line with best accounting and reporting practice, included the additional disclosures required by financial reporting standard 17 retirement benefits, FRS 17. At that stage, the disclosure was required only in the notes to the accounts and note 23 on page 76 of the 2002 annual results reflected this new disclosure format. Full implementation of FRS 17 will only start to apply from 31 December 2005.

Valuations prepared in accordance with FRS 17 require scheme assets to be recorded at market values at the balance sheet date. These valuations are not indicative of the long term funding position of the scheme, which is formally assessed by way of a triennial actuarial valuation.

An actuarial valuation of the scheme fell due as at 31 December 2003. This exercise is currently being completed by the company. When concluded, a more up-to-date picture of the status of the pension fund will emerge.

Semi-State Bodies.

Liz McManus

Question:

46 Ms McManus asked the Minister for Communications, Marine and Natural Resources the amount the Government has received from the ESB following the publication of its annual results; if the current profitability of the company will ensure he resists calls for it to be privatised; and if he will make a statement on the matter. [13708/04]

The ESB annual report and accounts for 2003 have not yet been published. I can confirm, however, that I have received the annual report and accounts from the company and I am preparing to present these to Government shortly. It would be inappropriate for me to comment on their contents ahead of their submission to Government and tabling in the Library of the House. I do have an understanding with the company about dividend policy in the medium term and dividend information will appear in the published accounts.

In any consideration of the future of ESB, I strongly oppose the privatisation of the transmission and distribution systems which, in my view, are critical national assets and should remain in State ownership. I am also opposed to any privatisation which would result in a private monopoly or near monopoly in the power generation sector. I would like to confirm here what I said to the Joint Oireachtas Committee on Communications, Marine and Natural Resources on 10 March and to the Seanad last Thursday, 6 May, that the privatisation of any part of the company is not on my agenda. This remains my position.

Marine Waste.

Trevor Sargent

Question:

47 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources the plans he has to ensure all ports and harbours have reception facilities for waste derived from port and marine vessel activities as required under international agreements. [12297/04]

The International Convention for the Prevention of Pollution from Ships 1973, as modified by the protocol of 1978, also known as MARPOL 73/78, contains regulations covering the various sources of ship-generated pollution in its six annexes.

Annex V contains regulations for the prevention of pollution by garbage from ships, and includes a requirement to provide reception facilities. Legislation was introduced in 1994 to give effect to Annex V in Ireland. This includes a provision for reporting to the International Maritime Organisation any cases where the facilities provided are alleged to be inadequate.

The EU built on this with the introduction of Directive 2000/59/EC on port reception facilities for ship generated waste and cargo residues. I introduced regulations in March 2003 to give effect to the directive in Irish law.

The regulations require, among other things, the development and implementation of an appropriate waste reception and handling plan for each port. Where required for reasons of efficiency, the plan can be developed in a regional context.

The Department is in the process of examining plans which have been prepared in respect of several ports and will submit to the European Commission a status report concerning the implementation of the directive every three years. The first report is due in December 2005.

Electricity Generation.

Thomas P. Broughan

Question:

48 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the recent presentation from the energy regulator to the Joint Committee on Communications, Marine and Natural Resources in which he stated that that only 78% of total energy generated is available at any one time and that the performance of ESB stations has been pretty awful; and if he will make a statement on the matter. [13678/04]

The Commission for Energy Regulation, CER, as an independent statutory body, is accountable for the performance of its functions to a joint committee of the Oireachtas. I understand that it last appeared before the Joint Committee on Communications, Marine and Natural Resources on 7 April 2004.

In regard to generation availability, the Deputy will be aware that because of the need to schedule plant out of service for maintenance and the random breakdown of plant from time to time, availability can never be 100%. Even so, the availability of ESB plant has declined in recent years.

The growth in electricity consumption caused by economic success is placing pressure on generating plants. All the older and less reliable plants on the system are ESB owned. A special action programme is now in place to improve ESB plant availability with a target to increase availability from 76% in 2003 to 82% this year.

The CER is also putting in place regulatory elements which will financially incentivise increased availability in the future.

Coastal Zone Management.

Pat Rabbitte

Question:

49 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources the reason the proposed coastal zone management legislation is not being progressed; when he will designate Irish national waters as particularly sensitive sea areas; and if he will make a statement on the matter. [13719/04]

I have previously indicated my intention to publish in 2004 legislative proposals to consolidate and modernise the law on foreshore administration and to support the development and operation of more integrated approaches to the management of coastal areas and their resources.

As regards the designation of particular sensitive sea areas, six member states — Belgium, France, Ireland, Portugal, Spain and the United Kingdom — submitted in April 2003 a joint proposal to the IMO for the designation of a particularly sensitive sea area, PSSA, covering the English Channel and the Atlantic coastline of the six countries.

The proposal was discussed at the 49th session of the Marine Environment Protection Committee, MEPC, of the IMO from 14 to 18 July 2003, where it was approved in principle.

The 87th session of the IMO's legal committee, from 13 to 17 October 2003, examined the legal implications of the proposal. It will be further examined by other relevant IMO bodies during 2004.

The designation of the areas concerned as a PSSA could be decided by the 52nd session of the MEPC, scheduled for October 2004.

Gas Prices.

Trevor Sargent

Question:

50 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources the assumptions his Department is making on the likely price of gas in five, ten or 15 years’ time; and if his attention has been drawn to the increasing body of international evidence showing that gas prices are likely to become highly volatile within that time frame. [13693/04]

I take it that the question relates to the international market price of gas. As a small peripheral market we are price takers and thus very interested in price evolution.

Gas prices have tracked oil prices over recent years and are generally expected to do so into the future but there is some lagging effect. Many gas contracts are explicitly linked to the price of oil.

Future gas prices will also be influenced by the continued effects of production decline in north west Europe, exposure to longer supply lines with somewhat greater risk and high investment requirements, and the trend to gas for power generation because of environmental concerns.

On the Irish market, Bord Gáis Éireann was able to provide low cost gas to the domestic sector from the mid-1990s onwards because of a number of favourable long-term contracts that it entered into in the early 1990s. The first of those contracts came to an end last year and, as a result, prices had to rise. As announced today by the energy regulator, Mr. Tom Reeves, there will be "significant further increases" to the general market price of gas for this sector as the benefit of these long-term contracts is eroded. This is separate from any increases, or indeed decreases, that may arise from changes in the market price of oil, and hence gas.

My Department is aware of some international modelling of future gas price developments which all tend towards gradually increasing prices, but this is far from an exact science and cannot be relied upon at this stage.

Port Development.

Paul Kehoe

Question:

51 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources his plans with regard to ports in counties Wexford and Waterford; if there are plans to upgrade Waterford Port; if there are plans to downgrade New Ross Port; and if he will make a statement on the matter. [13628/04]

I have no plans to upgrade Waterford Port or to downgrade New Ross Port. Each of these ports is under the control and management of a company established under the Harbours Act 1996 and the statutory remit of both companies is identical.

In May 2003, I published the high level review of the State commercial ports operating under the Harbours Acts 1996 and 2000. The report sought to critically review the current model for the governance of the State commercial ports. On foot of publication of the report, I initiated a comprehensive consultation process with interested parties.

My Department has received written submissions from, and has met with, a number of interested parties. The results of these consultations are informing my Department's thinking in regard to future ports policy and a ports policy statement is in the final stages of preparation within my Department. It is my intention to publish the policy statement following consultation with my Government colleagues.

The harbour at Wexford is under the control and management of Wexford Harbour Commissioners operating under the Harbours Act 1946. Officials from my Department and the Department of the Environment, Heritage and Local Government are currently considering the modalities for the transfer of this harbour and certain other harbours operating under the 1946 Act to local authority ownership.

The harbour at Rosslare is under the control and management of Iarnród Éireann and comes under the aegis of the Department of Transport.

An Post.

Michael D. Higgins

Question:

52 Mr. M. Higgins asked the Minister for Communications, Marine and Natural Resources the position with regard to restructuring An Post in view of the company’s recent announcement that it recorded operating losses of €43 million in 2003; and if he will make a statement on the matter. [13698/04]

Paul Kehoe

Question:

53 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources the meetings he has had with An Post since January 2004; his views on the progress An Post is making with its financial recovery plan; and if he will make a statement on the matter. [13627/04]

I propose to take Questions Nos. 52 and 53 together.

I have met with An Post on two occasions this year, on 29 January and 4 February last. Furthermore, during the industrial relations difficulties in March, I met with An Post management on a number of occasions to update myself and my cabinet colleagues on the situation. My officials meet regularly with An Post management and they brief me on developments.

The Deputies are more than aware of the precarious financial situation An Post finds itself in, which I outlined in some detail to the House on 23 March. On top of losses in 2001, the company is set to lose approximately €100 million between 2002 and 2004 and, as announced recently, operational losses of €43 million were recorded in 2003.

Losses on this scale and of this duration are simply unsustainable. It is neither in the interests of the company, nor its employees or customers, that the situation remains unchecked. If the company is to return to profitability, the company needs to be restructured. If this is to be a success, it is crucial that all stakeholders play a constructive part in this process.

The current IR issues in An Post have been simmering for some time. The problems in An Post are long-standing and deep-seated and it is clear that the solution to the current issues must put the company on a long-term sustainable financial and operational footing. The full scale of the financial problems facing An Post became clear to myself and my Department during the second half of 2002 and to the then management of An Post sometime later.

It is important that all stakeholders fully recognise the seriousness of the financial position and the threat this represents to the future of the company.

Once the scale of the financial difficulties became clear last summer, a recovery strategy was approved by the board and presented to me. The strategy sets out a road-map to return An Post to profitability by 2005. It includes significant restructuring and job losses amounting to approximately 1,500. However, buy in from the unions is crucial to its agreement and implementation. This has not been an easy process — change is not easy. Following the industrial dispute last March, the Labour Relations Commission put forward a framework to resolve the differences between management and unions.

Both parties are currently in talks under the auspices of the Labour Relations Commission with a deadline for completion this Friday. I am hopeful that a successful outcome to the discussions will be achieved.

It is in all our interests that An Post continues to be a strong player in the Irish postal market and continues to provide quality services to customers and sustainable employment for staff. The recovery strategy approved by the board of An Post sets out the basis on which the company, in partnership with the trade unions, can move forward.

While my Department is more than willing to assist in any way possible to facilitate an agreement, the responsibility for agreeing and implementing the plan rests primarily with the board, the management and unions in An Post.

With regard to the employee share ownership plan, ESOP, for An Post employees, the Government is fully committed to its implementation as part of an agreed, overall strategy for the company. I commissioned a report by the Ernst & Young consultancy firm to evaluate progress on cost savings within An Post which were agreed with the unions and management as part of the agreement on the ESOP. This report has been submitted to me and is currently under consideration by my Department officials. I expect to bring proposals to Government shortly regarding the ESOP.

Electricity Generation.

Brian O'Shea

Question:

54 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if he has held meetings with Bord Gáis in regard to its plans to construct a gas-fired electricity generating station near Drogheda, at a cost of €250 million; if he will report on the content of such meetings; and if he will make a statement on the matter. [13710/04]

Bord Gáis Éireann continued to grow its electricity supply business during 2003 and continued growth of the business represents a key strategic intent of the company.

In this context BGE reviewed taking an asset-based position in electricity and, in October 2003, submitted a proposal seeking the approval of my Department for the company to: enter into a joint venture with Scottish & Southern Energy, SSE, for the construction of a 400 MW electricity generating station at Platin, near Drogheda; and submit the proposal as a bid to the CER competition for the construction of such a facility. This approval was granted.

As the Deputy may be aware, the purpose of the CER competition was to assist in addressing the reluctance by investors to enter the electricity generating market through facilitating the entry of two new independent generating plants with a combined installed generating capacity of over 500 MW.

The competition included an off-take guarantee in the form of a PES contract for the purchase of a specified amount of the electricity generated. As it transpired, the BGE-SSE joint bid was unsuccessful in the competition.

At this stage, the options open to Bord Gáis regarding power supplies for the electricity retail market are a long-term off-take agreement with a potential developer of a merchant electricity generating station or review existing and assess alternative sites-projects for a merchant power station. Bord Gáis will be considering these and other options during 2004.

Industrial Relations.

Thomas P. Broughan

Question:

55 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he has held talks with ESB management or unions in regard to proposals for industrial action at the company; his views on whether industrial action will result in widespread electricity blackouts throughout the country; the efforts he is making to avoid any such industrial action; and if he will make a statement on the matter. [13677/04]

I do not have primary responsibility for industrial relations issues within Government and I have not held discussions with either the ESB management or the unions since the result of the recent ballot undertaken by the ESB group of unions was announced. I am aware that the ESB group of unions has submitted claims which, at first sight, seem to be inappropriate in the context of national competitiveness and the partnership approach to pay in the economy.

It is my understanding, however, that the ballot which was recently undertaken by the ESB group of unions provides a mandate for industrial action in circumstances where the company proposes or proceeds with structural or organisational change which impacts on staff without prior agreement. While I view the results of the ballot with concern, it is clear that the mandate is a conditional one. It is premature at this stage to speculate on the impact on customers and the country generally of any industrial action. I have instructed my officials to keep me fully briefed on the situation as it develops.

Telecommunications Services.

Seán Ryan

Question:

56 Mr. S. Ryan asked the Minister for Communications, Marine and Natural Resources his views on complaints regarding misleading advertising by telecom operators and ComReg’s seeming inability to regulate sales advertising by mobile and fixed line operators; and if he will make a statement on the matter. [13720/04]

Monitoring and regulation of the advertising of telecoms services is the responsibility of the Advertising Standards Authority of Ireland. However, ComReg does regulate fixed telecoms services offered via a code of practice for carrier pre-select services, CPS. Carrier pre-selection, CPS, enables consumers to exercise their choice by selecting in advance a specific operator to carry some or all of their telephone calls.

The code of practice for CPS sets out the rules and procedures which operators wishing to offer CPS services in the Republic of Ireland must follow. It covers customer contracts, use of customer information, order-handling process, promotion of CPS, bill payment, tariff presentation, complaint and inquiry handling and the activities of the telecommunications service providers to "win back" lost customers.

All operators providing CPS, including Eircom, are bound by the CPS code of practice. ComReg conducts investigations on an ongoing basis into adherence to the CPS code of practice in response to issues raised by operators and consumers alike.

ComReg may notify an operator that it is in breach of its obligations. Furthermore, ComReg may publish the particulars of such notification. ComReg has received a number of complaints in regard to possible breaches of the CPS code of practice and has upheld a number of these in regard to specific telecoms operators. Details of these have been published in the national newspapers to ensure that consumers are aware of these findings. The text of these decisions can also be found on ComReg's website.

Regarding mobile operators, I understand responsibility in this area, as already mentioned, rests with the Advertising Standards Authority.

Electronic Communications Infrastructure.

Breeda Moynihan-Cronin

Question:

57 Ms B. Moynihan-Cronin asked the Minister for Communications, Marine and Natural Resources his views on the report by the Commission of European Communities presented at the recent EU broadband conference in Dundalk that shows that Ireland is currently second last in the EU broadband league with just 0.9% of the population having broadband in January 2004; and if he will make a statement on the matter. [13680/04]

Seymour Crawford

Question:

67 Mr. Crawford asked the Minister for Communications, Marine and Natural Resources the way in which Ireland compares to other European countries with regard to supply and roll-out of broadband; and if he will make a statement on the matter. [13626/04]

I propose to take Questions Nos. 57 and 67 together.

The provision of and investment in telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised marketplace, regulated by the Commission for Communications Regulation, ComReg.

Recognising, however, that the market has been slow to respond to demand for broadband, since 1999 my Department has invested almost €170 million, in partnership with the public and private sectors, in infrastructure projects that will enable the provision of modern, high-speed broadband communications in the regions.

Currently, my Department is grant aiding the construction of 25 fibre optic metropolitan area networks, in conjunction with local authorities, in key regional towns and cities. This investment of over €80 million will enable the delivery of competitive, open access, broadband services in these towns.

On 12 December last, I announced a broadband action plan. This plan has two main elements — proposals to roll out open access broadband infrastructure to over 90 towns with a population of over 1,500, and the development of a group broadband scheme which will grant aid community led initiatives promoting the roll-out of broadband access in small towns, villages and rural hinterlands. I have secured a commitment of €35 million each year from now until 2007 to ensure the implementation of this broadband action plan.

With regard to the broadband report presented by Commission of the European Communities in Dundalk last month, while the data presented in the report shows that Ireland lags behind our European neighbours in terms of broadband penetration, there is evidence of significant growth in take-up of broadband in Ireland in the past year. The number of broadband subscribers has risen ten-fold from less than 5,000 in January 2003 to an estimate of 50,000 currently, much of this due to improved pricing by service providers.

The investment made in broadband infrastructure by my Department and the improvements in the regulatory environment that I directed ComReg to make is now paying off and there is much wider availability of broadband services throughout the country. Over the coming years I will continue to place an emphasis on the development of infrastructure that will see Ireland's ranking greatly improve.

Film Industry Development.

Ruairí Quinn

Question:

58 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources if he will report on his meeting with representatives of the independent Irish film industry and on the issues they raised regarding the proposed Broadcasting Authority Bill; and if he will make a statement on the matter. [13716/04]

At their request I recently met with representatives of Screen Producers Ireland, SPI. At the meeting the representatives of SPI outlined the current state of the independent production sector in Ireland and expressed views on the role that Irish broadcasters could play in ensuring the development of the sector.

SPI indicated that in the context of the Broadcasting Authority Bill they would seek a significant increase in the level of RTÉ's statutory obligation to commission programming from the independent sector.

Television Licence Fee.

Joe Costello

Question:

59 Mr. Costello asked the Minister for Communications, Marine and Natural Resources his views on the recent report from the Comptroller and Auditor General on television licence fee collection; if he has had discussions with An Post arising from this report and its proposal to quit the television licence collection scheme; his plans to implement the Comptroller and Auditor General’s recommendations to revamp the scheme in view of its unprofitability; the alternative arrangements his Department will put in place if An Post decides to quit the scheme; and if he will make a statement on the matter. [13694/04]

I welcome the Comptroller and Auditor General's value for money report on the television licence fee collection which was recently laid before both Houses of the Oireachtas.

The Secretary General of my Department will appear before the Committee of Public Accounts on 20 May to discuss the report. He will convey to the members of the committee my views on the report and my plans for the management of the collection in the future. It would be inappropriate for me to comment further at this time.

Offshore Exploration.

Bernard Allen

Question:

60 Mr. Allen asked the Minister for Communications, Marine and Natural Resources the position regarding the proposed development of the Corrib gas field; and if he will make a statement on the matter. [13636/04]

All relevant approvals-consents from my Department were issued in early 2002 in respect of the proposed development of the Corrib gas field. These approvals-consents include plan of development approval dated 15 April 2002 under the Petroleum and Other Minerals DevelopmentAct 1960; consent to construct a pipeline dated15 April 2002 under the Gas Act 1976, as amended; consent under section 5 of the Continental Shelf Act 1968, as amended, dated 15 April 2002; and foreshore licence approval dated 17 May 2002 under the Foreshore Act 1933, as amended.

The proposed project was granted planning permission by Mayo County Council, MCC, on 30 April 2004 for a gas terminal at Bellanaboy, County Mayo. This decision can be appealed to An Bord Pleanála within four weeks of the date of the decision by MCC. If no appeals are made during this period the project can commence. Should the decision be appealed to An Bord Pleanála the timeframe for determining the appeal is 18 weeks from the date that the appeal is lodged.

Postal Services.

Eamon Gilmore

Question:

61 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources If his attention has been drawn to the call from An Post staff, at the recent Communications Workers’ Union conference in Galway, for an Oireachtas inquiry into the previous mismanagement of the State postal service; if he has plans to recommend such an inquiry; andif he will make a statement on the matter. [13695/04]

I am aware of the comments made at the recent Communications Workers' Union conference in Galway. However, given the current financial difficulties faced by An Post, I am convinced that the most effective mechanism to ensure its long-term future is to focus on the critical challenges currently faced by the company rather than concentrating on past performance and management. I trust that all stakeholders in An Post would share this view.

Deputies will be aware that the Joint Oireachtas Committee on Communications, Marine and Natural Resources has examined the situation in An Post on two occasions since the beginning of 2003. The Communications Workers' Union chose not to appear at the most recent meeting of the joint Oireachtas committee devoted to the examination of the company's financial situation, which was held earlier this year.

I do not propose to call for an Oireachtas inquiry in this matter as this would be a matter for the Oireachtas itself.

Michael D. Higgins

Question:

62 Mr. M. Higgins asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to recent reports that An Post is set to apply to ComReg for a 14.5% increase in the price of a stamp in an attempt to cut crippling losses at the company; and if he will make a statement on the matter. [13697/04]

The Commission for Communications Regulation, under the European Communities (Postal Services) Regulations 2002, is the designated independent body responsible for pricing policy in the postal sector. I have no function in this matter.

In regard to An Post losses and company turnaround, I have made it clear that restructuring of An Post will be a key contributor to any strategy to return the company to profitability, in particular given the advent of electronic means of communications and liberalisation of the market.

Alternative Energy Projects.

Paul Nicholas Gogarty

Question:

63 Mr. Gogarty asked the Minister for Communications, Marine and Natural Resources the research projects currently being undertaken in the area of wave and tidal power generation; the overall budget for these projects; and the forecast budget for this area of research for future years. [13689/04]

Sustainable Energy Ireland, SEI, and the Marine Institute are engaged in a joint programme of development for ocean energy, which involves collaborative research, consultation and funding of industry and academic research.

As a first step in this process, SEI and the Marine Institute launched a public consultation document on options for wave energy research and development from November 2002 to February 2003. Twenty-four responses were received and a summary of these responses is available on the Marine Institute's website. Arising from the consultation process, SEI and the Marine Institute commissioned the following two studies to identify the optimum policy options for developing wave energy: the potential for energy extraction from marine and tidal currents; and the economics of wave energy.

Further collaborative research is also planned by the two agencies and the results of the consultation and research works will be fed into the newly established renewables development group.

The Marine Institute is also involved in a number of other research projects, which include a project to prepare a protocol for device development as well as developing the terms of reference for an updated wave resource atlas. There is a further planned initiative to expand the technical and research and development capabilities in ocean energy.

Ireland has also joined the International Energy Agency implementing agreement on ocean energy research and development. This will ensure that we enjoy the full benefit of international collaboration on ocean energy research.

To date, a total of 41 non-wind renewable energy projects have been supported by SEI at a cost of €4.5 million. The projects are being carried out by industry and universities and cover biomass, hydro, ocean energy, heat pumps and geothermal technologies. Four ocean energy projects have been funded to date under the programme.

The total amount of funding available under SEI's renewables R& D programme in 2004 is €1.8 million, and further funding of ocean energy research is anticipated. To date, over €500,000 has been expended between SEI and the Marine Institute on ocean energy research.

Aquaculture and Fishing Industries.

Ciarán Cuffe

Question:

64 Mr. Cuffe asked the Minister for Communications, Marine and Natural Resources when the Government expects to issue a report on its own internal review examining the conflicting roles that are held within his Department in holding both a development and regulatory function in the management of the acquaculture and fishing industries. [13687/04]

I asked my Department to review the structures of the seafood and coastal zone areas in my Department in line with the provisions of the programme for Government to develop devolved service structures to support the sustainable management, development and protection of the marine coastal zone and seafood resources. The first initiative taken in this respect was the reforms contained in the Fisheries (Amendment) Act 2003, which established an independent fishing vessel licensing authority to administer fishing vessel licensing policy and established a transparent process for the promulgation of that policy. I am also committed to introducing further legislative changes, similar to those implemented in the Fisheries (Amendment) Act 2003, that will strengthen and establish the legal independence of the regulatory functions in the Department. In addition, the Government decision to decentralise seafood and coastal functions of the Department to Clonakilty provides an opportunity for the further development of service structures in these areas. These decentralised functions will provide for central Government policy co-ordination for seafood and marine coastal zone resources working closely with the Marine Institute and Bord Iascaigh Mhara, BIM, to deliver an integrated approach to the management and development of the marine sector.

The review process is ongoing in nature and, as I have said, must now take account of the new proposed decentralised structures. I will continue to keep under review the new arrangements with a view to taking any additional measures that are required to deliver appropriate service structures that support sustainable management, development and protection of the marine coastal zone and seafood resources.

Food Safety.

Jan O'Sullivan

Question:

65 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources the position regarding the issue of high mercury levels in shark, swordfish, marlin, and tuna on pregnant women and young children in view of the Food Safety Authority’s warning regarding the consumption of these species; and if he will make a statement on the matter. [13712/04]

Regular analysis of a range of fin-fish both landed into and farmed in Ireland is carried out to monitor the levels of mercury present in accordance with the monitoring requirements of EU food safety legislation. A similar monitoring programme is in place for bivalve shellfish. The Marine Institute, under service contract to the Food Safety Authority of Ireland, carries out these programmes. Similar programmes are in place in other member states.

The trends established through this monitoring programme show that the concentration of mercury in the edible portion of the fish analysed in Ireland is well within the European Union human consumption tolerance level. The catch element of the monitoring programme concentrates on the most commonly landed species and does not normally include the top predatory species fish such as shark, swordfish, marlin and tuna as these species do not constitute any significant part of the total catches made by Irish fishing vessels.

All imports of shark, swordfish, marlin and tuna from third countries are subject to controls at Ireland's border inspection posts. These import controls of fish from third countries ensure that the fish imported have been produced to the highest standards pertaining to fish production and processing operating at an equivalent standard to production and processing requirements within the European Community.

Advertising Standards.

Emmet Stagg

Question:

66 Mr. Stagg asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the BCI consultation document on children’s advertising; and if he will make a statement on the matter. [13705/04]

I refer the Deputy to my reply to Question No. 33 on Thursday, 1 April 2004.

I am aware that the BCI recently published a draft children's advertising code. A further consultation period now follows, with the final codes to be published later this year.

Question No. 67 answered with QuestionNo. 57.

Mobile Telephony.

Joan Burton

Question:

68 Ms Burton asked the Minister for Communications, Marine and Natural Resources the position with regard to encouraging competition in the mobile phone market here; if he has any plans to request ComReg to implement new policies calling for lower prices for mobile and fixed line telephone bills; and if he will make a statement on the matter. [13681/04]

ComReg, the Commission for Communications Regulation, has as one of its key objectives under the Communications Regulation Act 2002 the promotion of competition in the exercise of its functions.

As Minister for Communications, Marine and Natural Resources, I have responsibility for overall telecoms policy, and my main goal in implementing this policy has been the creation of conditions for sustainable growth and competition that will benefit the economic and social development of Ireland by providing competitive services.

One of the tools available to me to achieve this goal, under the powers given to me by section 13 of the Communications Regulation Act 2002, is to issue policy directions to ComReg to be followed by it in the exercise of its functions.

As the Deputy may be aware, I recently issued policy directions to ComReg, focusing on competition generally, wholesale and retail telephone line rental, interconnection-leased lines, national and cross-border roaming and broadband. Obviously, these directions are issued in the context of the new EU regulatory framework.

The direction on competition mandates ComReg to focus on competition as a key objective, with a particular focus on competition in the fixed and mobile markets, and to implement, where necessary, remedies which counteract or remove barriers to entry and support entry by new players to the market, and entry into new sectors by existing players; and to have particular regard to the following: market share of new entrants; ensuring that the applicable margin attributable to a product at the wholesale level is sufficient to promote and sustain competition; price level to the end user; and the potential of alternative technology delivery platforms to support competition.

Another policy direction addressed national and cross-border roaming. The ability to roam nationally on GSM networks would ensure that all three licensed GSM operators could provide countrywide coverage. Minimising cross-Border roaming costs on the island of Ireland would be beneficial for Irish mobile phone users, particularly those who live close to the Border. I have therefore directed ComReg to examine using its powers to mandate national roaming on existing GSM networks of mobile network operators with significant market power on fair commercial terms; work closely with operators and Ofcom, the Regulator for Northern Ireland, to encourage and support initiatives that would reduce or eliminate cross-border roaming charges, and encourage national call charging on an all-island basis.

Recognising the importance of a single billing product to advancing competition in the fixed line telephone market, I directed ComReg to introduce a wholesale line rental product for voice and data services that was accessible, affordable and with sufficient margin for telecommunications operators to enable them to stimulate and drive competition in this market by 31 March 2004, and which I am delighted to say has been introduced.

ComReg will work with the industry to ensure the smooth introduction of this product and use whatever regulatory interventions are appropriate to address any delays or difficulties which may arise. I understand operators are currently testing the product and that it will be a few months before single billing will actually come on-stream. This will allow operators, other than Eircom, to offer customers both line rental and call charges on a single bill. The policy directions are available to read on my Department's website at www.dcmnr.ie.

My message is simple. The more competitive telecoms services that are on offer, the better in the long run for consumers, the sector and the economy as a whole.

Fishing Industry Development.

Bernard Allen

Question:

69 Mr. Allen asked the Minister for Communications, Marine and Natural Resources the number of fish farms which have been inspected to date in 2003; and if he will make a statement on the matter. [13637/04]

I take it that the Deputy is looking for information in respect of 2004. Monitoring and inspection of fish farms is carried out by my Department with the advice and assistance of the Marine Institute.

Each marine fin-fish farm is inspected 14 times a year by Marine Institute staff in connection with monitoring and control of sea lice levels, in accordance with the terms of a protocol published by my Department in 2000. One inspection is carried out in the period December-January, two inspections per month are carried out at farms during February to May, and one inspection per month is undertaken during the rest of the year. So far this year, 146 sea lice inspections have been carried out at fish farms.

Monitoring of fish health at each fin-fish farm is also undertaken by the Marine Institute and involves at least one inspection of each farm each year. As part of this programme, samples of fish are screened for viruses and bacterial infection, as well as certain parasites. Fish health monitoring has been carried out at 20 fish farms so far in 2004 entailing 30 individual inspections.

A sampling and monitoring programme for residues in fin-fish is also carried out by the Marine Institute each year in accordance with EU Directive 96/23. The programme involves monitoring for a wide range of residues including antibiotics and environmental contaminants. This programme of sampling has been carried out in respect of six fish farms to date in 2004.

Inspections of fish farms are also carried out periodically by officials of my Department. So far this year, the Department's engineering division has carried out inspections at 19 fin-fish farms as well as 106 shellfish farms. In addition, fish farms operations are scrutinised through returns and reports that are required to be made to my Department by the licensees.

Advertising Standards.

Eamon Ryan

Question:

70 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if he has made any representations to the European Commission to encourage the inclusion of measures to restrict the advertising to children of foods high in sugars, fat or salt within the new draft of the television without frontiers directive, which will apply to all broadcasters in the European Union. [13684/04]

The review by the EU Commission of the television without frontiers directive is at a very early stage and proposals for a new directive, if any, are not expected until 2005 at the earliest.

While the television without frontiers directive makes no explicit reference to the advertising of food high in sugar, fat or salt, the directive does allow individual member states to impose more restricted advertising standards on broadcasters within its own jurisdiction. In that context, the Broadcasting Commission of Ireland, BCI, under section 19 of the Broadcasting Act 2001, is currently preparing a code on children's advertising. The draft code, which was recently published following a wide and comprehensive consultation process, includes provisions relating to diet and nutrition. The BCI, which was given statutory responsibility for setting advertising standards in Ireland, is seeking the views of interested parties on the draft code before 17 May 2004.

Under the provision of the directive, however, such a code will only be applicable to broadcasters established within the Irish jurisdiction. Clearly this is not satisfactory and, accordingly, I have been making representations to the EU Commission to ensure that broadcasting services, which are regulated in one member state but intended for reception primarily in another member state, should be subject to the broadcasting standards of the member state in which they are received. In this way, Irish advertising standards would have wider application and greater impact.

In regard to children's advertising generally, there is a growing awareness at European level of the importance of providing greater protection for children. While the debate is at a very early stage, Ireland has indicated, through the preparation of a specific advertising code for children, that these issues should be addressed by all member states.

Harbours and Piers.

Jan O'Sullivan

Question:

71 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources the position in regard to the proposed sale of Balbriggan and Skerries harbours by the Dublin Port Company; if he has met with local fishermen to discuss objections to the sale; and if he will make a statement on the matter. [13713/04]

Dublin Port Company is established under the Harbours Act 1996. Section 15 of the Act provides that a decision by the company to dispose of any of its land shall only be made by the directors of the company and that the consideration for which any land is sold shall, in so far as is practicable, not be less than its open market value.

My Department has been informed by Dublin Port Company of its decision to offer the two harbours for sale because they constitute a burden on the users of Dublin Port as the company derives no revenue whatsoever from them.

Under the Act, the company does not require my approval for its decision. Any person who wishes to object to the decision of the company should make this objection known to the company.

Semi-State Bodies.

Kathleen Lynch

Question:

72 Ms Lynch asked the Minister for Communications, Marine and Natural Resources if he will clarify his recent statement that he has no intention of privatising ESB; if he has held talks with ESB unions in regard to their request for a 20% stake in the company; and if he will make a statement on the matter. [13706/04]

As I stated in the Seanad last Thursday, 6 May, in any consideration of the future of ESB, I strongly oppose the privatisation of the transmission and distribution systems which, in my view, are critical national assets and should remain in State ownership. I also stated that I am opposed to any privatisation which would result in a private monopoly or near-monopoly in the power generation sector, and I confirmed that the privatisation of any part of the company is not on my agenda. This remains my position.

I can also confirm that, at the request of the ESB group of unions, GOU, bilateral discussions with my Department were held on 30 January and 3 March of this year. These discussions considered an aspiration by the GOU to increase its current 5% shareholding in the company to 19.9%. Government policy on employee share option plans and the question of going beyond 5% is clear, and the GOU have not put forward a case which fits within that policy.

Coastal Protection.

Dan Boyle

Question:

73 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources when he expects construction to commence on the proposed new centre for the Doolin Coast Guards for which finances from his Department have already been allocated; if a suitable site for the building has been purchased; and, if not, the procedure that is required for his Department to be able to procure such a site. [13685/04]

The Irish Coast Guard of my Department operates a station house building programme for coastal units around the coast. The Office of Public Works, OPW, manages this programme for the Coast Guard.

The current position regarding the proposed new station house at Doolin, County Clare, is that while financial sanction has been granted in principle for the development, the OPW has not yet acquired a suitable site. However, negotiations are under way between the OPW and a landowner and as soon as a suitable site has been acquired the construction process, including building design, planning permission application and tendering, will be proceed with as quickly as possible.

Fisheries Protection.

Pat Rabbitte

Question:

74 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources his plans for the protection of wild Atlantic salmon, in view of the importance of angling to the national and local economy culture here; and if he will make a statement on the matter. [13718/04]

I take this opportunity to further reaffirm the Government's commitment to the conservation of the wild Atlantic salmon stock so that in the future the resource can provide the maximum contribution to the regional and national economy.

The Government view our salmon stock as a national asset, which must be conserved, protected and shared among all our citizens. As a result, a delicate balancing exercise is necessary between the needs of the coastal and inland communities which depend on fishing resources for their livelihood and the recreational users, including tourists, who each pursue the noble salmon for their own end.

We are all agreed that over-exploitation of fish stocks is a significant threat to the long-term sustainability of the inland fisheries resource. The Government has accepted the scientific advice to the effect that reductions in the overall fishing effort are required to sustain and rebuild wild salmon stocks on a district basis. For this reason, the current policy has been designed to bring spawning escapement in all districts and catchments up to the level of the scientifically advised conservation limit in 2005.

With regard to commercial salmon fishing, I would argue strongly that the Government's management of the Irish home water commercial salmon fisheries, which limits the commercial salmon fishing season and restricts the number of fish being caught, clearly demonstrates a commitment to the conservation of the wild salmon stock, which is in keeping with the highest international standards.

The current strategy of developing a sustainable commercial and recreational salmon fishery through aligning catches on the scientific advice by next year holds out the strong prospect of a recovery of stocks and of a long term sustainable fishery for both sectors.

Postal Services.

Jimmy Deenihan

Question:

75 Mr. Deenihan asked the Minister for Communications, Marine and Natural Resources the contact he has had with communication workers unions; if the issue of An Post has been the agenda; and if he will make a statement on the matter. [13621/04]

In the last year I have had no direct contact with the Communications Workers' Union. However, my officials have met with the union in question to discuss telecom related matters.

I have, however, had written contact with the union regarding the An Post ESOP. I indicated in my response to the CWU that the Government remains committed, in principle, to the An Post ESOP as an incentive for employees where real transformation takes place.

Furthermore, in March I received a copy of a report commissioned by the CWU on An Post's financial projections. This report, which argues for the company to undertake increased borrowing despite its current financial difficulties, has been studied in detail by my Department.

Energy Resources.

Denis Naughten

Question:

76 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources the action he is taking to roll-out three phase electricity; and if he will make a statement on the matter. [10180/04]

As I stated in response to a similar question on this issue, No. 290, on 23 March 2004, my Department administers the farm electrification grant scheme which subsidises the installation of electricity supply to farms located in disadvantaged areas which are without supply or where supply is inadequate to facilitate their development and modernisation. Both single phase and three phase installations are eligible for assistance under the scheme.

Apart from that, the question of availability of three phase supply is a matter for the electricity sector players and not one in which I have a function.

Aquaculture Industry.

Pat Breen

Question:

77 Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources if his investigations into dumping of farm salmon in County Galway in the summer of 2003 and Inver Bay, County Donegal in 2002 have come to an end; if persons have been charged with this dumping; the body from which the results of his investigations can be obtained; and if he will make a statement on the matter. [13634/04]

Pat Breen

Question:

96 Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources the position regarding an investigation into the aquaculture industry shown on a television programme (details supplied); and if he will make a statement on the matter. [13635/04]

I propose to take Questions Nos. 77 and 96 together.

As indicated in reply to Parliamentary Question No. 121 of 24 February 2004, investigations have been carried out into last summer's discovery of salmon buried on land near Casla, County Galway. As proceedings are pending, it would not be appropriate to comment further on the matter at this time.

The action taken with regard to the events in 2002 at Inver Bay, County Donegal was also detailed in the reply to Parliamentary Question No. 121 of 24 February 2004. It was decided by the Department, taking account of all the circumstances, not to initiate a prosecution into these events.

A detailed investigation into the fish mortalities at salmon farms in Donegal Bay last year was carried out for my Department by the Marine Institute. The investigation's report was published in March and is available on the Marine Institute's website. It found that most likely the initial insult to the fish that died may have been caused by a biological event such as a siphonophore bloom, which may have occurred in both Inver Bay and McSwyne's Bay, and which probably coincided with an intrusion of offshore water such as occurred there in early July. The report points out that the initial insult to the fish occurred when water temperatures were higher than the optimal temperature for the cultivation of salmonids, and that, subsequent to the initial event, secondary bacterial and parasitic infections were noted. It also indicates that these infections would have added considerably to the stress of the fish, which were already severely debilitated. The report's overall conclusion is that the cause of the mortalities was multifactoral in nature, where the net cumulative result was much greater than it would have been should the initial event have occurred at lower water temperatures or in the absence of secondary infection of the gill tissue of the fish.

In addition, a comprehensive review of the systems and processes for monitoring, control and enforcement in respect of aquaculture has been carried out by my Department and has considered how existing procedures may need to be refined or reinforced to ensure the optimal operation of regulatory programmes for the industry. The work involved is substantially completed, but its finalisation was held over pending the availability of the Marine Institute's report on Donegal Bay. The review is now being completed as a matter of priority.

Proposed Legislation.

Willie Penrose

Question:

78 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources when he intends bringing proposals to Government to establish TG4 as an independent statutory entity; and if he will make a statement on the matter. [13714/04]

I refer the Deputy to the reply to Parliamentary Question No. 146 of 24 February 2004.

Energy Resources.

Olwyn Enright

Question:

79 Ms Enright asked the Minister for Communications, Marine and Natural Resources the way in which ESB costs compare to other European countries; and if he will make a statement on the matter. [13630/04]

The information the Deputy seeks is not readily available. Inquiries are being made and, if and when the information is assembled, I will forward it directly to the Deputy.

Health and Safety Regulations.

Martin Ferris

Question:

80 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the person who will be responsible for accidents that occur along the route of the proposed Corrib gas pipeline, not covered by the terms of the planning permission granted by Mayo County Council. [13676/04]

These issues fall within the responsibility of Shell E& P Ireland Limited, the developers of the Corrib project. In my consideration and appraisal of the pipeline proposal, I commissioned a technical evaluation of the onshore pipeline. The evaluation, entitled Corrib Gas Pipeline Project, Report on Evaluation of the Onshore Pipeline, Design Code, was carried out by a pipeline technical expert, Mr. Andrew Johnson.

Mr. Johnson's report stated that the onshore pipeline design code has been selected in accordance with best public safety considerations and is appropriate for the pipeline operating conditions. Subject to the developers undertaking to comply with a number of conditions laid down in approval and consents granted by my Department, the design is generally in accordance with best national and international industry practice and the pipeline is considered to meet public safety requirements. Copies of Mr. Johnson's report were issued on request.

Telecommunications Services.

Róisín Shortall

Question:

81 Ms Shortall asked the Minister for Communications, Marine and Natural Resources if he will report on the possible effects of developments in voice over Internet protocol telephony on communications here; his plans to facilitate these developments; and if he will make a statement on the matter.

Voice over Internet protocol allows voice messages to be sent along telecommunications networks in the same way that data is sent. This protocol allows voice messages to be transmitted over dedicated data networks such as the Internet. Internationally, market-driven voice over Internet protocol services are widely available in Asia, particularly in the Japanese market, and in the United States. Nationally, operators are rolling out this technology in the form of Internet connectivity and voice over Internet services are available to those who buy the appropriate hardware and software for their PCs.

In the longer term the deployment of voice over the Internet services offers exciting new opportunities for consumers as well as challenges for existing market operators. The European Commission will be shortly issuing a consultation paper on the business and regulatory issues arising in the roll-out of these services. This will help shape the regulatory framework for these services for the future. My Department has already carried out a number of telecommunications technology trials to pilot and demonstrate the feasibility of new technologies such as voice over Internet, and is continually monitoring developments in new and emerging technologies.

Fishing Industry Development.

Dinny McGinley

Question:

82 Mr. McGinley asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the deteriorating situation regarding the fishing industry and employment; its implications for the general economic well-being of that area in south west County Donegal; and if he will make a statement on the matter. [13512/04]

For many years, the south west County Donegal area has been to the forefront in Ireland's fishing industry, providing valuable permanent and seasonal employment opportunities in coastal communities. This area is one of the leading centres of the Irish fishing industry and I believe that, notwithstanding certain job losses that have occurred recently, it will maintain its pre-eminent position in the future and contribute positively to the economic well-being of the area.

The fishing industry in Europe, and elsewhere, is generally experiencing some difficulties with fish stocks numbers. Against a backdrop of declining whitefish stocks in particular and consequent restrictions on catch levels, the primary challenge facing fishermen and their families is the need for effective conservation measures to provide for the sustainable exploitation of these stocks into the future.

The industry in County Donegal is significantly based on pelagic stocks and total allowable catch levels for these stocks are being maintained, while the level for blue whiting has substantially increased. New EU measures to strengthen control in pelagic fisheries were introduced this year as a consequence of concerns about illegal landings right across Europe. The introduction and effective implementation of these measures is critical to ensure the medium to long-term sustainability of fish stocks. My priority now is to ensure that control measures are fully implemented in all landing locations across Europe to deter illegal landings and ensure a level playing field for the fishing sector.

The high level of knowledge and expertise of the fishing industry in County Donegal, which comes from its lengthy involvement with marine matters, equips it well to successfully meet the challenges facing the sector. At EU level, Ireland has been at the forefront in pushing for enhanced technical conservation measures to protect fish stocks. This issue was addressed in detail at a ministerial and stakeholders conference, which I hosted in early March, on fast-tracking the development of environmentally friendly fishing methods. The consensus at this conference was that better and smarter fishing and the development of environmentally friendly fishing methods have a critical role to play in the development of the fishing industry. I intend, as President of the Council of Fisheries Ministers, to make significant progress on this issue during Ireland's Presidency of the EU.

The emphasis in ensuring sustainability of fish stocks will help to safeguard the future income of County Donegal fishermen and the seafood sector as a whole. My approach is entirely consistent with that of the Irish fishing industry and I will continue to liaise closely with the sector in order to maximise the positive contribution which the fishing sector makes to areas such as south west County Donegal.

Salmon Management Report.

Eamon Ryan

Question:

83 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources when the Government expects to publish a report outlining the way in which a reduction in the use of indiscriminate offshore drift net fishing for salmon will take place in view of the fact that the inland fisheries report in 1975, the report of the salmon review group in 1987, the report of the salmon management task force in 1996 and the Indecon report in 2003 have all advocated such a reduction; and if the Government is willing to provide matching funding to add to those which may be provided by the north Atlantic salmon fund to allow for the buyout of such drift net licences. [13683/04]

The Government's objective is to preserve the salmon resource in its own right and for the coastal and rural communities that it helps to support. The economic goals for a sustainable commercial salmon fishery based on quality and value rather than volume and the development of salmon angling as an important tourism product are both compatible with the primary objective.

Since publication of the salmon management task force report in 1996, the Department of Communications, Marine and Natural Resources has introduced a range of conservation measures which have seen considerable advancements made in salmon policy and, in particular, the management of the drift net salmon fishery. As part of these measures, the drift net season is now confined to a two-month period in June and July on a four-day week basis. Fishing is only allowed during daylight hours and is confined to the area within the six-mile limit. The Department of Communications, Marine and Natural Resources has also introduced the wild salmon and sea trout tagging scheme regulations, limiting the total allowable commercial catch of salmon.

On the advice of the National Salmon Commission and the National Fisheries Management Executive, I set a total allowable commercial catch of 161,951 fish for the 2004 season. This represented a reduction of 20,049 fish, 11%, cut on the total allowable commercial catch for 2003 of 182,000 fish. This total allowable catch is consistent with the Salmon Commission's recommendation last year that a three-year strategy should be put in place aimed at reaching the scientific advice on precautionary catch limits over 2003 to 2005.

The strategy of developing a sustainable commercial and recreational salmon fishery through aligning catches on the scientific advice by 2005 holds out the strong prospect of a recovery of stocks and of a long-term sustainable fishery for both sectors. There are serious reservations about a national buy-out as a cost efficient workable instrument. It is clear that buy-out is most attractive to those who take few salmon. It is not necessarily an effective means of achieving the shared objective of a restoration of salmon stocks. For some time, the Government has ruled out buy-out as an effective means of achieving the restoration of salmon stocks and instead promoted the application of quotas on commercial fishing and bag limits on angling to achieve catch reductions as the best instrument available to achieve this objective. There are no plans to introduce proposals to purchase commercial salmon fishing licences but the matter will be kept under review in the context of policy.

Post Office Network.

Seymour Crawford

Question:

84 Mr. Crawford asked the Minister for Communications, Marine and Natural Resources the names of each post office in each county that has been closed or downgraded in the past five years; his views on these closures and downgrading; and if he will make a statement on the matter. [13625/04]

I have been informed by An Post that in the last five years 198 sub-post offices, 62 postal agencies and one branch office have been closed, while 214 sub-post offices have been converted to agencies and five branch offices have been converted to sub-offices.

Given the extent of the information received from An Post, I propose to furnish the Deputy with a separate written list of all such post offices, broken down by county. The Government is committed to a viable and widespread rural post office network. However, consideration must be given to the economic climate in which An Post is operating. The serious operational losses the company has suffered and the measures which need to be implemented if the company is to reverse its situation must also be taken into account. All stakeholders recognise that An Post, and its network, must adapt to its customer needs within the financial constraints in which it now finds itself.

Parallel with these developments, under an agreement between the Irish Postmasters' Union and An Post, the conversion of sub-post offices from a fixed contract to an agency basis, whereby payments are linked to transactions, is being implemented on a voluntary basis. Where vacancies arise in the normal course of events, An Post advertises the post at least twice and actively canvasses for suitable persons to fill the vacant positions. It is only when a suitable candidate for a vacancy cannot be found, or where there are no applicants, that a post office is closed. Such closures are regarded as temporary pending an application from a suitable person.

In order to improve the viability of the post office network, significant extra commercial business has been acquired, including bill pay facilities for the ESB and a contract with the AIB under which the banks' customers can access their accounts through the network. I understand that this new business is contributing to enhancing the sustainability of the network.

Electronic Communications Infrastructure.

Enda Kenny

Question:

85 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources the position regarding the development on the proposed digital hub in Dublin; and if he will make a statement on the matter. [13638/04]

The digital hub, which is the Government's flagship project in the digital content sector, intends to provide a high quality environment for Irish and international new media companies, research and development and educational and community initiatives in the Liberties and Coombe area of Dublin city. Development agencies have identified the digital content industry as a high growth, value added industry which already exhibits significant strengths in Ireland. Substantial progress has been made in realising the aims of the project.

The Digital Hub Development Agency Act 2003, enacted in July of last year, placed its development agency on a statutory footing. Property purchases amounting to €75 million have been completed and the Digital Hub Development Agency is engaged in negotiations to select a preferred developer for their refurbishment. Three consortia have been shortlisted for the development contract and have been asked to submit their best and final offer by 10 May 2004. Negotiations will take six weeks to conclude when the Digital Hub Development Agency will deliver a recommendation for my consideration. When completed, the project will deliver 500,000 sq. ft. of enterprise, learning and educational, residential and retail space.

The refurbishment of the Print Depot, a joint venture between the Digital Hub Development Agency, Enterprise Ireland and Dublin City Council, is complete. Up to 28 digital media companies have located in the hub, with substantial growth forecast for 2004. Construction of a 3 km. high speed, fibre broadband network in the hub at a cost of €2.29 million is complete and the facility to offer high quality competitively prices telecoms services to firms locating there is now available.

The Liberties learning initiative, an education and community-based programme, uses technology to tackle social and educational disadvantage within Dublin city centre. Supported by €1.3 million funding from Diageo Ireland, the programme is delivering a range of learning and showcasing projects focused on the creative use of digital media and reflects the national priorities of building a knowledge-based society and addressing the digital divide. The schools programme of the Liberties learning initiative seeks to develop a range of programmes in 16 local primary and second level schools aimed at addressing the digital divide. These include providing information and communication technology equipment and technical support to local schools, providing professional training to teachers on the education benefits of information and communication technology, and advising and informing the schools of employment opportunities in the digital sector. The schools programme aims to equip local children with the skills needed to live in a digital age, and to work in the digital media industry, which will be located on their doorstep. The Liberties Learning Studio was opened in December 2002 and provides a flexible multipurpose space, which can be used for a range of learning activities including community, enterprise and showcasing events. The facility is used for many purposes including, teacher training, digital community tutor training, awards ceremonies for local groups, exhibit launches, talk digital, digital media talks and community events.

Energy Resources.

Joe Sherlock

Question:

86 Mr. Sherlock asked the Minister for Communications, Marine and Natural Resources his views on the impact on the economy here of high world oil and other energy prices; and if he will make a statement on the matter. [13702/04]

I am not aware of any recent studies about the impact of sustained high oil and energy prices on international markets. Recent analysis carried out by the International Energy Agency, in collaboration with the OECD economics department, shows that higher oil prices since 1999 have contributed to the global economic downturn in 2000-01 and are dampening the current cyclical upturn. A simulation exercise carried out by the International Energy Agency showed that a sustained $10 per barrel increase in oil prices from $25 to $35 would result in GDP dropping by 0.5% and inflation rising by 0.5% in Eurozone countries, which are highly dependent on oil imports in 2004. However, the exercise also showed that these losses would start to diminish in the following three years.

Analysts agree that oil prices are an important determinant of global economic performance. However, while all of the major economic downturns in the US and Europe since the 1970s have been preceded by sudden increases in the price of crude oil, a number of other factors also played a role. The magnitude of the direct effect of a given oil price increase depends on factors including the degree of dependence of economies on imported oil, the ability of end-users to reduce their consumption and the ability to switch away from oil. It also depends on the extent to which gas prices rise in response to oil price increases, the gas intensity of the economy and the impact of higher prices on other forms of energy that compete with or, in the case of electricity, are generated from oil and gas. Increases in gas prices by and large reflect oil price increases. Ireland's high dependence on oil and gas imports makes the country price takers sensitive to the volatility of the markets.

Harbours and Piers.

Olwyn Enright

Question:

87 Ms Enright asked the Minister for Communications, Marine and Natural Resources if there are plans to extend the existing Kilmore Quay in County Wexford; and if he will make a statement on the matter. [13629/04]

The harbour at Kilmore Quay is owned by Wexford County Council and responsibility for its development and maintenance rests with the local authority.

My Department has not received any proposal from Wexford County Council for the development of Kilmore Quay. If the council submitted a development proposal for the harbour, there would be a cost benefit analysis, addressed in the context of the amount of Exchequer funding available and overall national priorities.

EU Presidency.

Damien English

Question:

88 Mr. English asked the Minister for Communications, Marine and Natural Resources the targets he set and has reached to date during the EU Presidency; and if he will make a statement on the matter. [13620/04]

I am responsible for a wide range of EU Presidency business across the sectoral policy areas of telecommunications, energy, broadcasting, fisheries, maritime transport and maritime safety. I also hold commensurate chairing responsibilities for the agriculture and fisheries, transport, energy and telecommunications and education, youth and culture council formations.

Together with my officials, I have been working to deliver on policy priorities at EU level during the Presidency within the Government's overall strategic approach to the EU. In the telecommunications sector, the development and take-up of broadband infrastructure and services remains a key priority, which is central to the e-Europe 2005 action plan. Following the mid-term review of the action plan, which was endorsed at the Council of Telecoms Ministers in March, it was revised to take account of recent technological developments and the enlargement of the EU. It will feature on the agenda of the forthcoming Telecoms Council to be held on 10 June. In addition, the Council will respond to the Commission communication on member states' national broadband strategies.

The issue of broadband take-up was also the subject of a successful ministerial meeting recently held in Dundalk. Fruitful discussion was generated in response to papers given by a number of international experts, while Ministers also had the opportunity to exchange views on future strategies with chief executive officers from leading European information and communications technology companies. Significant progress has been made with legislative proposals for e-Content Plus and Safer Internet Plus, particularly given the limited time available during our Presidency in the outgoing European Parliament. Ministers will be asked to agree a Council position on these dossiers at our June Council meeting.

I am satisfied that the priority areas in the energy sector are progressing well. Sustainable energy was identified as an important element in the sustainable development of the EU economy. Work continues towards achieving a political agreement at the energy Council in June on the proposal for a directive of the European Parliament and the Council on establishing a framework for the setting of eco-design requirements for energy using products. I will also be attending the forthcoming international conference on renewable energies in Bonn in June. The Irish Presidency is actively collaborating with the Commission and Council Secretariat in working towards the establishment of a common energy position for the EU on this important issue.

Progressing the various elements of the Commission's recently published infrastructure package is also a priority. Work towards achieving political agreement on the gas transmission proposal at the June energy Council is continuing. The proposal relating to trans-European networks is also expected to be discussed at the June Council. The remaining elements of the Commission's infrastructure package, security of electricity supply and demand-side management are more contentious and, given European Parliament elections, the progress that can be made during the Irish Presidency is limited. Nonetheless, we will have completed a lot of important work on these dossiers by the end of our Presidency.

A successful two day high level meeting of energy directors-general from all 25 member states in Drogheda was held. EU external relations, energy aspects of climate change and the Commission's infrastructure package were discussed. I have given particular priority to progressing a structured debate on the regulation of satellite television broadcasters as well as advancing the overall review of television without frontiers directive. I hosted an informal meeting of EU Ministers, with responsibility for broadcasting, in Dublin and Drogheda from 1 to 3 March. One of the issues discussed at length during the conference was the regulation of broadcasting services, specifically targeted at one member state but which are actually subject to the national regulations of another member state. I intend to give member states a further opportunity to consider this and other related topics at this month's meeting of the education, youth and culture Council scheduled for 27 May 2004.

Progress continues on the proposed directive on sanctions for pollution offenders and the implementation of new maritime security measures for Irish ports and ships. The security measures will be in place by the required deadline 1 July 2004 and I intend to bring the proposed directive on pollution to the Council of Ministers' meeting in Luxembourg in June. A number of the targets set at the commencement of the Presidency in the fisheries area have been met. The Council has adopted proposals relating to the protection of small cetaceans, protection of an area of deep water coral reefs off Scotland known as the Darwin Mounds, aid for fishing fleets in the outermost regions of the EU and measures on autonomous EU tariff quotas on certain fisheries products. Agreement has been achieved by the Presidency on a number of third country fisheries agreements, including between the EU and Norway, the EU and Tanzania and the EU and the Solomon Islands. The Presidency has also progressed the development of conservation and management strategies in various regional fisheries organisations including the north west and north east Atlantic together with the Baltic Sea. The enlargement process for fisheries was successfully completed in time for the accession of the ten new member states on 1 May.

A successful ministerial and stakeholders conference on fast-tracking the development of environmentally-friendly fishing methods was held in March, and it is hoped to build on this with the adoption of Council Conclusions in June. This month and next the Council will discuss measures to implement the Council agreement on fixing maximum fishing effort in western waters, a regulation on the establishment of regional advisory councils, the retargeting of financial instrument for fisheries guidance aquaculture funding to strengthen the development of this sector and a policy debate at Council on technical conservation measures for the Mediterranean will be held.

Developments are highlighted on an on-going basis on my Department's website, http://www.dcmnr.ie, and on the Irish Presidency website, http://www.eu2004.ie.

Mobile Telephony.

Joan Burton

Question:

89 Ms Burton asked the Minister for Communications, Marine and Natural Resources the position in regard to his plans to reduce roaming charges for mobile phone users in Border areas whose phones may stray on to UK networks; if his attention has been drawn to ComReg’s response to his recent policy directive on the issue that it can only be dealt with on a pan-European basis; and if he will make a statement on the matter. [13682/04]

As a Minister from a Border county, I am aware of the effect of high mobile call roaming charges on local people and businesses and have spoken previously on my dissatisfaction at the level of call roaming charges being applied by mobile operators in this State.

I acknowledge the efforts made by ComReg and some operators in addressing this issue to date. However, the issue is not simply one of mobile operators introducing all-Ireland tariffs, although this in itself is to be welcomed. The level of such tariffs and the terms and conditions attached also need to be examined in order to ensure that consumers are getting a fair deal and value for money. The regulation of call roaming charges, comes under ComReg's jurisdiction, but as Minister for Communications, Marine and Natural Resources, I have responsibility for overall telecoms policy.

I recently issued policy directions to ComReg, focusing on competition generally, wholesale and retail telephone line rental, interconnection and leased lines, national and cross-Border roaming and broadband. These policy directions were issued in the context of the new EU regulatory framework. The direction on competition mandated ComReg to focus on competition as a key objective, with a particular focus on competition in the fixed and mobile markets, and the policy direction on cross-Border roaming directed ComReg to work closely with operators and Ofcom, the regulator for Northern Ireland, to encourage and support initiatives that would reduce or eliminate cross-Border roaming charges, and encourage national call charging on an all-island basis.

One appropriate mechanism for advancing this issue is the European one. I am aware that ComReg participates within the independent regulators group and the European regulators group with a view to agreeing a co-ordinated action plan on a market review for international roaming. The issue of inadvertent roaming when mobile users near the Border inadvertently cross on to another network, without actually crossing the Border, has been discussed at a number of Ireland and UK bilateral meetings and ComReg will continue to work with Ofcom on seeking further progress on this issue. ComReg has a memorandum of understanding with the UK Regulator, Ofcom, on cross-Border co-ordination of GSM and 3G frequencies and there is also a memorandum of understanding in place between Irish and UK operators aimed at improving co-operation in the Border region. Minimising cross-Border roaming costs on the island of Ireland would be beneficial for all Irish mobile phone users, particularly those who live close to the Border, and I welcome the continuous work being done by ComReg in this area.

Electronic Communications Infrastructure.

Seán Ryan

Question:

90 Mr. S. Ryan asked the Minister for Communications, Marine and Natural Resources if he will report on the stage of the Management Services Entity procurement process; and if he will make a statement on the matter. [13700/04]

The Management Services Entity is the independent body, engaged to manage, market and maintain the fibre optic metropolitan area networks, being constructed under the regional broadband programme. Notice of my Department's intention to commence a competitive tender process for the engagement of an Management Services Entity was published in the Official Journal of the European Communities on 19 June 2003 with the deadline for tender submission on 15 August 2003. Responses received by the tender deadline were evaluated by December 2003 and contract negotiations began in January 2004. It is anticipated that the Management Services Entity procurement process will reach a conclusion shortly. It is not proposed to make any public comment on the matter, prior to such a conclusion.

Industrial Relations.

Eamon Gilmore

Question:

91 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to recent comments from the Communications Workers’ Union postal chief, at its conference in Galway, that An Post is eager to provoke another dispute with staff later in 2004, likely to cause further industrial action; if he has initiated further talks between staff, management and the Labour Relations Commission to resolve issues arising from the recent postal strike; and if he will make a statement on the matter. [13696/04]

I am aware of the comments made at the recent Communications Workers' Union conference. I welcome the process in which the union and management of An Post are engaged in and I am confident that all parties are fully committed to this process. The talks under the auspices of the Labour Relations Commission are still ongoing with the deadline for completion set for Friday, 14 May. It would not be appropriate for me, given the ongoing discussions, to comment further.

Inland Fisheries.

Róisín Shortall

Question:

92 Ms Shortall asked the Minister for Communications, Marine and Natural Resources if he will report on the serious decline in salmon stocks in the Barrow, Nore and Suir catchment areas; his proposals to address the continuing impact of drift netting on this vitally important fishery; and if he will make a statement on the matter. [13704/04]

My Department has over the past number of years introduced a range of conservation measures which have seen considerable advancements in salmon policy and in particular the management of the drift net salmon fishery. As part of these measures, the drift net season is now confined to a two-month period in June and July on a four-day week basis. Fishing is only allowed during daylight hours and is confined to the area within the six-mile limit. My Department has also introduced the wild salmon and sea trout tagging scheme regulations, which limits the total allowable commercial catch, TAC, of salmon.

On the advice of the National Salmon Commission, NSC, and the national fisheries management executive, I set a TAC of 161,951 fish for the 2004 season. This represented a reduction of 11% on the total allowable commercial catch for 2003. This total allowable commercial catch is consistent with the scientific advice on precautionary catch limits over the three-year period from 2003-05.

I am advised that there is no conclusive stock assessment report on the Barrow, Nore and Suir rivers and that estimates of stock can only be derived using the information available from 2001-03 wild salmon and sea trout tagging scheme fisheries statistics report. Commercial catch in the Waterford district for 2002-04 has been set by quota as follows:

Quota

Total Catch

Drift

Drift %

2001

17,392

12,351

71

2002

14,201

16,181

11,753

73

2003

15,141

14,046

9,758

69

2004

12,113

The commercial fishing quota for the Waterford district has been reduced by 20% on the previous 2003 quota.

All districts in the country are endeavouring to meet the conservation limits as set by the standing scientific committee of the NSC. In an effort to address concerns relating to the exploitation of Waterford district's salmon, in so far as it is believed that some of the region's salmon may be caught before they get to the district, I am advised that a double-pronged approach is being adopted. First, a smolt tagging programme undertaken by the Marine Institute and the regional fisheries board is currently under way on the River Suir to enable monitoring of the district's salmon when caught. Second, the South Western Regional Fisheries Board, although achieving its own conservation limits, has taken an 11% reduction in TAC for both the Cork and Kerry districts and the Lismore district in the southern region has taken a reduction to allow more salmon to get to the Waterford district. Similarly, reductions in TAC in other districts around the country have been made to enable all districts to continue fishing and to eventually achieve the conservation limit. The current strategy of developing a sustainable commercial and recreational salmon fishery through aligning catches on scientific advice by next year holds out the strong prospect of a recovery of stocks and of a long-term sustainable fishery for both sectors.

Telecommunications Services.

Emmet Stagg

Question:

93 Mr. Stagg asked the Minister for Communications, Marine and Natural Resources the position with regard to the roll-out of broadband nationally, with specific regard to his Department’s schools broadband action plan, and the plan to deliver broadband to homes here; if he will back up his claims that Ireland can be at the top of the OECD table for broadband connectivity by 2005; and if he will make a statement on the matter. [13679/04]

The provision of and investment in telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised marketplace, regulated by the Commission for Communications Regulation. It is important that the regulatory environment underpins the development of available, affordable and competitive broadband services. In that regard I issued a policy direction on 26 March 2004 to the Commission for Communications Regulation stating that our broadband goal is to be at or better than the EU average, excluding accession countries, for end user access to and usage of broadband by mid-2005.

While recent reports show that Ireland lags behind our European neighbours in terms of broadband penetration, there is evidence of significant growth in take-up of broadband in Ireland in the past year. The number of broadband subscribers has risen tenfold from less than 5,000 in January 2003 to about 50,000 currently, in large part due to improved pricing by service providers. Recognising, however, that the market has been slow to respond to demand for broadband, since 1999 my Department has invested almost €170 million in partnership with the public and private sectors in infrastructure projects that will enable the provision of modern, high-speed broadband communications in the regions.

Currently, my Department is providing grant aid for the construction of 25 fibre-optic metropolitan area networks, in conjunction with local authorities, in key regional towns and cities. This investment of more than €80 million will enable the delivery of competitive, open-access, broadband services in these towns.

On 12 December last I announced a broadband action plan which has two main elements: first, proposals to roll out open-access broadband infrastructure to more than 90 towns with a population of over 1,500; and second, the development of a group broadband scheme which will provide grant aid for community-led initiatives promoting the roll-out of broadband access in small towns, villages and rural hinterlands. I have secured a commitment of €35 million each year from now until 2007 to ensure the implementation of this action plan.

With regard to the provision of broadband to schools, the Government has reached agreement with the telecommunications industry as represented by IBEC-TIF for the establishment of a joint Government-IBEC-TIF fund to resource the provision of high speed broadband connectivity to all first and second level schools nationwide. Under the proposed agreement, IBEC-TIF members will contribute €15 million to a joint Government-IBEC-TIF fund of €18 million. This fund will be used to provide broadband connectivity to all schools over a three year period. The public tendering process for this connectivity has begun with the despatch to the Official Journal of the European Communities on 8 April 2004 of a prior information notice. The target is to complete this tendering process in the latter half of 2004 and to complete roll-out by end 2005. The conclusion and implementation of this agreement will greatly enhance the potential of ICT in teaching and learning in schools and will drive demand and deployment of broadband technologies and ICTs within the wider community.

Electricity Generation.

Ciarán Cuffe

Question:

94 Mr. Cuffe asked the Minister for Communications, Marine and Natural Resources the Government policy on the concept of net metering which allows the sale of excess electricity from small scale renewables suppliers. [13688/04]

On Thursday last, 6 May 2004, I inaugurated the renewable energy development group. The group is representative of key players in the renewable energy sector. It is to study a range of issues which I believe need to be addressed so that Ireland can continue to expand the green energy sector. The group is to provide monthly progress reports and to conclude all tasks by the end of the year. Net metering is among the issues I have specifically addressed to the group. As soon as its report on this issue is delivered I will consider the options further.

Shipping Register.

Ruairí Quinn

Question:

95 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources the benefits in tax revenue to the State and other benefits accruing from the registration of other EU vessels on the Irish shipping register since September 2003; if he will report on the monthly expansion of the register since that date; and if he will make a statement on the matter. [13717/04]

The operation of the Irish ship register is governed by applicable national and EU law. Within the European Union there is freedom for commercial ship operators to be put on any EU ship register. The purpose of operating a reputable ship register is not to generate revenue. Community ship registers impose obligations on ship owners regarding safety, security, protection of the environment, crewing standards and certification of those matters by the flag state or inspection bodies duly authorised by the flag state. Ship owners or managers are charged for inspections of their ships before such ships are entered on the Irish ship register. It is generally understood that having ships on one's ship register gives rise to revenue-generating activities in the provision of banking, legal and other services relating to such ships.

Ireland is at present developing its maritime sector. To that end a range of fiscal reliefs have been put in place. Our new National Maritime College at Ringaskiddy will open for business later this year. The expansion of the Irish ship register will increase Irish seafarer employment and onshore maritime services as well as raising tax revenue for the State. The growth of the maritime clusters in the United Kingdom and the Netherlands, for instance, followed the growth of their ship registers. I expect that Ireland's maritime cluster of shipping-related business will expand significantly in the coming years. The Irish Maritime Development Office, our statutory development agency for our maritime sector, was established to achieve just such a result. Its staff are actively encouraging foreign ship operators to locate their businesses in Ireland.

Since September 2003 a total of 74 vessels have entered the register, totalling 250,213 gross tonnes, and 16 vessels have left the register, totalling 34,152 gross tonnes. A month-by-month breakdown of the changes to the register since September 2003 is given in the table below.

September 2003

5 vessels entered the register, totalling 379.25 gross tonnes

1 vessel left the register, totalling 122 gross tonnes

October 2003

11 vessels entered the register, totalling 94,173.63 gross tonnes

2 vessels left the register, totalling 101.83 gross tonnes

November 2003

5 vessels entered the register, totalling 57,169.26 gross tonnes

3 vessels left the register, totalling 8,553.4 gross tonnes

December 2003

13 vessels entered the register, totalling 31,636.61 gross tonnes

2 vessels left the register, totalling 35.5 gross tonnes

January 2004

7 vessels entered the register, totalling 25,577.90 gross tonnes

0 vessels left the register

February 2004

16 vessels entered the register, totalling 2192.79 gross tonnes

1 vessel left the register, totalling 14.17 gross tonnes

March 2004

6 vessels entered the register, totalling 22,161.61 gross tonnes

3 vessels left the register, totalling 21,148.28 gross tonnes

April 2004

11 vessels entered the register, totalling 5,640.66 gross tonnes

4 vessels left the register, totalling 1,392.37 gross tonnes

Question No. 96 answered with QuestionNo. 77.

Bord Gáis Éireann.

Brian O'Shea

Question:

97 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if he has received a copy of Bord Gáis’s annual results for 2003; if profits at Bord Gáis have slipped by more than 9% and the company’s contribution to the Exchequer has more than halved; and if he will make a statement on the matter. [13711/04]

The 2003 annual report and accounts of Bord Gáis Éireann, BGÉ, were laid before the Houses of the Oireachtas on 8 April 2004 and formally published by the company at the end of April 2004. BGÉ had another successful year in 2003 in that it made after-tax profits of €97 million, turnover was up 7% and its residential customer base increased by 9%. While profits after tax were down by 9%, this reflects the significant increase in interest costs arising from major capital investment projects, notably the second interconnector and the pipeline to the west. Also, because of the capital investment programme and its impact on balance sheet fundamentals, we agreed a revised lower dividend policy with the company.

Questions Nos. 98 and 99 answered with Question No. 40.

National Grid.

Breeda Moynihan-Cronin

Question:

100 Ms B. Moynihan-Cronin asked the Minister for Communications, Marine and Natural Resources the position with regard to establishing an ESB national grid as an entirely separate entity; the reason for the failure to make progress on this issue to date; and if he will make a statement on the matter. [13709/04]

As the Deputy will be aware, the European Communities (Internal Market in Electricity) Regulations 2000, SI 445/2000, provided for the separation of the operation of the transmission system from the rest of ESB into a newly formed independent State-owned company, Eirgrid. However, in order for Eirgrid to be able to operate the transmission system, the legislation provided that an agreement was to be made between Eirgrid and ESB which would set out the respective roles and responsibilities of Eirgrid in its capacity as transmission system operator, TSO, and ESB in its capacity as owner of the wires. The establishing regulations also provided that the practical arrangements regarding the transfer of staff, rights, liabilities and contracts from ESB to Eirgrid be put in place in the form of a transfer scheme.

The delay in getting Eirgrid operationally established is frustrating and regrettable and is a result of numerous problems and disputes which have arisen in the course of the complex negotiations which have ensued since the making of the regulations. I am disappointed that three years after its formal incorporation as a company, Eirgrid is still not up and running as the TSO and as a shareholder, I wish to see a speedy resolution of the outstanding issues. However, despite the delay, the Eirgrid model, once in place, will be effective and beneficial to all players in the market. I announced my intention on 10 March 2004 to retain Eirgrid as the independent TSO. The next steps in the process involve the appointment of the CEO of the company, followed by the making of the necessary agreement and transfer scheme between ESB and Eirgrid. These steps are progressing and I expect all parties to the negotiations to use their best endeavours to bring this process to a speedy conclusion and to expedite the operational establishment of the company.

Community Employment Schemes.

Enda Kenny

Question:

101 Mr. Kenny asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons employed in the community employment schemes as carers for the elderly and those with a disability; and if she will make a statement on the matter. [13797/04]

There are currently 3,012 persons employed on community employment projects providing health and social services. These projects are largely concerned with the provision of services for the elderly and for people with disabilities. The total funding allocation for employment schemes in 2004 has been fixed at €351 million, which will support up to 25,000 places in total across the three employment programmes — community employment, job initiative and social economy.

Government Jet.

John Gormley

Question:

102 Mr. Gormley asked the Minister for Defence the number of times the new Government jet has been used in 2004; the persons by whom; the purposes for which; the costs incurred to date by its use; and if he will make a statement on the matter. [13468/04]

The Learjet entered operational service as part of the ministerial air transport service, MATS, on 19 January 2004. It operates in tandem with the Gulfstream IV in providing a ministerial air transport service for members of the Government. The Learjet 45 has undertaken a total of 49 MATS missions up to 30 April 2004. The schedule below outlines the date, destination and travelling Minister on each trip. However, my Department does not hold details on the purpose of MATS trips. This is a matter for each Minister.

The direct costs incurred to date are unavailable at present. To enable an accurate hourly flying cost to be determined, the aircraft needs to be in operation for a lengthy period of up to one year. However, the manufacturer's estimated direct hourly flying cost for the Learjet is approximately €1,000 per hour.

Date

Return

Min. Time on board (in minutes)

Destination

Minister Travelling

19-Jan-04

19-Jan-04

90

Baldonnel-Brussels- Baldonnel

Finance

20-Jan-04

20-Jan-04

180

Baldonnel-Brussels- Baldonnel

Foreign Affairs

21-Jan-04

23-Jan-04

1,080

Baldonnel-Rabat- Daker-Monrovia- Daker-Rabat- Baldonnel

Defence

24-Jan-04

24-Jan-04

240

Baldonnel-Dublin- Zurich-Dublin- Baldonnel

Taoiseach

25-Jan-04

25-Jan-04

120

Baldonnel-Zurich- Baldonnel

Tánaiste

26-Jan-04

26-Jan-04

180

Baldonnel-Brussels -Baldonnel

Finance

28-Jan-04

29-Jan-04

200

Baldonnel-Brussels-- Northolt-Baldonnel

Foreign Affairs

Total Jan=7

02-Feb-04

02-Feb-04

180

Baldonnel-Brussels -Baldonnel

Tánaiste

06-Feb-04

06-Feb-04

60

Baldonnel-Dublin- Cork-Dublin- Baldonnel

Taoiseach

09-Feb-04

09-Feb-04

250

Baldonnel-Berlin- Baldonnel

Tánaiste

10-Feb-04

10-Feb-04

190

Baldonnel-Paris- Baldonnel

Transport

12-Feb-04

12-Feb-04

190

Baldonnel-Brussels- Cork-Baldonnel

Health

13-Feb-04

13-Feb-04

125

Baldonnel-Cork- Paris-Baldonnel

Agriculture

18-Feb-04

18-Feb-04

180

Baldonnel-Brussels -Baldonnel

Communications

19-Feb-04

19-Feb-04

60

Baldonnel-Dublin- Derry-Baldonnel- Belfast-Dublin- Baldonnel

Taoiseach

20-Feb-04

20-Feb-04

260

Baldonnel-Berlin- Baldonnel

Transport

22-Feb-04

22-Feb-04

90

Baldonnel-Brussels -Baldonnel

Foreign Affairs

23-Feb-04

24-Feb-04

320

Baldonnel-Cork- Paris-Brussels- Belfast-Baldonnel

Agriculture/ Foreign Affairs

25-Feb-04

25-Feb-04

260

Baldonnel- Budapest-Brussels -Baldonnel

Communications

26-Feb-04

26-Feb-04

170

Baldonnel-Budapest- Baldonnel

Communications

Total Feb=13

01-Mar-04

01-Mar-04

90

Baldonnel-Brussels -Baldonnel

Environment

02-Mar-04

02-Mar-04

320

Baldonnel-Cork- Brno(Czech Rep)- Baldonnel

Agriculture

02-Mar-04

03-Mar-04

150

Baldonnel-Vienna- Baldonnel

Transport

04-Mar-04

04-Mar-04

60

Baldonnel-Dublin- Derry-Dublin- Baldonnel

Taoiseach

08-Mar-04

09-Mar-04

90

Baldonnel-Brussels -Baldonnel

Finance

10-Mar-04

10-Mar-04

90

Baldonnel-Brussels -Baldonnel

Tánaiste

12-Mar-04

13-Mar-04

340

Baldonnel-Brussels -Madrid-Baldonnel

Agriculture

14-Mar-04

14-Mar-04

60

Baldonnel-Dublin- Manchester-Dublin- Baldonnel

Taoiseach

16-Mar-04

17-Mar-04

180

Baldonnel-Brussels -Baldonnel

Transport

18-Mar-04

19-Mar-04

140

Baldonnel-Northolt- Brussels-Baldonnel

Justice

21-Mar-04

21-Mar-04

120

Baldonnel-Cork- Brussels-Baldonnel

Agriculture

22-Mar-04

22-Mar-04

210

Baldonnel-Brussels -Baldonnel

Finance

25-Mar-04

25-Mar-04

180

Baldonnel-Brussels -Baldonnel

Finance

29-Mar-04

31-Mar-04

920

Baldonnel-Rome-Shamir Sheik-Rome-Berlin- Baldonnel

Foreign Affairs

Total March=14

07-April-04

07-April-04

150

Baldonnel-Lisbon- Baldonnel

Transport

04-April-04

04-April-04

90

Baldonnel-Brussels- Baldonnel

Defence

02-April-04

02-April-04

190

Baldonnel-Prague- Cork-Baldonnel

Health

06-April-04

06-April-04

90

Baldonnel-Brussels- Baldonnel

Education

05-April-04

05-April-04

90

Baldonnel-Cork- Baldonnel

Justice

15-April-04

15-April-04

370

Baldonnel-Cork- Brussels-Cork- Baldonnel

Agriculture

18-April-04

18-April-04

120

Baldonnel-London Northolt-Baldonnel

Finance

13-April-04

13-April-04

30

Baldonnel-Farranfore- Baldonnel

Education

20-April-04

20-April-04

100

Baldonnel-Luxembourg-Baldonnel

Defence and European Affairs

21-April-04

21-April-04

120

Baldonnel-London Northolt-Baldonnel

Foreign Affairs

25-April-04

25-April-04

220

Baldonnel-Cork- Luxembourg-Brussels-Baldonnel

Agriculture

28-April-04

28-April-04

100

Baldonnel-Luxembourg-Baldonnel

Justice

29-April-04

29-April-04

90

Baldonnel-Cardiff- Baldonnel

Community and Rural

29-April-04

29-April-04

105

Baldonnel- Luxembourg-Baldonnel

Justice

26-Apr-04

26-Apr-04

100

Baldonnel-Luxembourg-Baldonnel

MOS Foreign Affairs

Total April = 15

Defence Forces Equipment.

Dinny McGinley

Question:

103 Mr. McGinley asked the Minister for Defence the number of planes in the service of the Air Corps; the type and age of each of these aircraft; the timescale for the acquisition of new aircraft; and if he will make a statement on the matter. [13862/04]

There are a total of 36 aircraft in service with the Air Corps at present. There are 15 helicopters and 21 fixed wing aircraft. The table below sets out the type and age of these aircraft. It is extremely difficult to state the timescale for the acquisition of new aircraft which can vary significantly depending on tender responses, the availability of aircraft for demonstration, manufacturing schedules for different aircraft and so on. In relation to the delivery of the Pilatus aircraft, a contract was signed on 18 January 2003 and the first aircraft was delivered on 21 April 2004, a period of 15 months. The tender and contract award process can generally add approximately four to six months to this timeframe.

The procurement process for the acquisition of new helicopters for the Air Corps has commenced with the preparation of the tender documents in my Department. Up to six helicopters will be acquired, two light utility helicopters primarily for Air Corps crew training purposes and four larger utility helicopters for use in support of the Army and for other ancillary uses such as air ambulance. The new aircraft will replace the current fleet of Dauphin, Alouette and Gazelle aircraft. It is expected that the relevant notice for the tender competition will be sent by my Department to the Official Journal of the European Communities shortly. I have instructed my officials and the military authorities to give this procurement process top priority to ensure that a contract can be placed as early as possible.

Aircraft Type

Number in service

Age

Helicopters

Alouettes

7

30 to 41 years

Dauphins

4

18 years

Gazelle

1

23 years

S61

1

26 years

Ecureuill

1

7 years

EC 135

1

2 years

Fixed Wing

GIV

1

13 years

Learjet

1

6 months

Beechcraft

1

24 years

CASA

2

10 years

Pilatus

3

1 month

Cessna

5

32 years

Marchetti

7

27 years

Defender

1

7 years

Defence Forces Strength.

Dinny McGinley

Question:

104 Mr. McGinley asked the Minister for Defence the number of personnel serving with the Air Corps currently; if this number is expected to rise or fall significantly over the coming 12-month period; the estimated number of new recruits to the service that will be made over the coming 12 months; and if he will make a statement on the matter. [13863/04]

The White Paper on Defence of February 2000 provides for a total establishment of 930 personnel for the Air Corps, all ranks. There were 891 personnel serving in the Air Corps as of 31 March 2004. The table below provides details of rank.

Strength of the Air Corps as of 31 March 2004

OFFICERS

NCOS

PTES

CADETS

TOTAL

Air Corps

139

410

332

10

891

The total number serving in the Air Corps is not expected to show any significant change over the next 12 months. It is intended to recruit six cadets and 25 apprentices in 2004.

Genetically Modified Organisms.

Martin Ferris

Question:

105 Mr. Ferris asked the Minister for Agriculture and Food if liability will fall upon the biotech companies if insurance companies refuse to provide cover for genetically modified crops. [13802/04]

Martin Ferris

Question:

106 Mr. Ferris asked the Minister for Agriculture and Food if he will require that full insurance cover be in place prior to the permitting of the growing of genetically modified crops. [13803/04]

Martin Ferris

Question:

107 Mr. Ferris asked the Minister for Agriculture and Food if he will require that biotech liability legislation will be put in place prior to consideration of allowing the growth of commercial genetically modified crops. [13805/04]

I propose to take Questions Nos. 105 to 107, inclusive, together.

An interdepartmental and inter-agency working group has been set up in my Department, inter alia, to develop proposals for a national strategy and best practice relating to the co-existence of GM crops with conventional and organic farming. The working group, as part of its work programme, will examine the issue of liability and compensation in the context of any economic loss incurred by a farmer as a result of the planting of GM crops in an area.

Forestry Planting.

Johnny Brady

Question:

108 Mr. J. Brady asked the Minister for Agriculture and Food the area approved for new forestry plantings for 2004; the likely projected uptake; and if he will make a statement on the matter. [13738/04]

To date more than 13,000 hectares have been approved and applications for grant aid in respect of a further 7,000 hectares are currently being processed. Indications to date are that this year's programme of planting could be up to 12,000 hectares.

Wildlife Protection.

Tony Gregory

Question:

109 Mr. Gregory asked the Minister for Agriculture and Food the protection which exists for the feral goat; if, in the absence of protective measures, regulations can be introduced to regulate the hunting and killing of many thousands of these goats in the Burren and elsewhere; and if he will make a statement on the matter. [13739/04]

I have no statutory responsibility for the protection of feral goats, nor do I have a statutory basis on which I could introduce regulations of the type envisaged by the Deputy governing hunting and so on.

As far as the area of the Burren which constitutes the national park is concerned, its management and responsibility for flora and fauna within its boundaries fall within the remit of the national parks and wildlife service of the Department of the Environment, Heritage and Local Government. It would also be for that Department to assess the potential of the Wildlife Act 1976 to afford protection to feral goats.

Grant Payments.

Paul Connaughton

Question:

110 Mr. Connaughton asked the Minister for Agriculture and Food when a REP scheme payment will be made to a person (details supplied) in County Galway; and if he will make a statement on the matter. [13789/04]

Payment will issue to the person named within the next two weeks.

Genetically Modified Organisms.

Martin Ferris

Question:

111 Mr. Ferris asked the Minister for Agriculture and Food the steps which will be taken to protect crops in the State from cross-contamination if genetically modified crops are grown in the Six Counties. [13807/04]

Martin Ferris

Question:

112 Mr. Ferris asked the Minister for Agriculture and Food the statutory rules in place or planned to be put in place regarding the co-existence of genetically modified and conventional crops. [13808/04]

I propose to take Questions Nos. 111 and 112 together.

EU Directive 2001/18/EC places an obligation on member states to develop proposals for a national strategy and best practices relating to the co-existence of GM crops with conventional and organic farming. An interdepartmental and inter-agency working group has been set up in my Department inter alia to develop such proposals. The working group, as part of its work programme, is currently meeting and having discussions with relevant stakeholders in the preparation of their recommendations. These discussions will include the Northern Ireland authorities with particular reference to their co-existence strategies.

Veterinary Qualifications.

Bernard J. Durkan

Question:

113 Mr. Durkan asked the Minister for Agriculture and Food the reason persons (details supplied) in County Kildare are not allowed to practice here; and if he will make a statement on the matter. [13809/04]

Under the Veterinary Surgeons Act 1931, as amended, responsibility for entry of persons on the register of veterinary surgeons for Ireland rests with the Veterinary Council. I understand that the persons referred to have not made any application for registration to that body.

Under current legislation, the council may only enter on the register applicants who hold an appropriate qualification from an EU member state or from countries within the European Economic Area. Arrangements are also in place under EU reciprocal arrangements for recognition of third country qualifications where these have already been recognised in another EU member state. I understand that persons holding third country veterinary qualifications not already recognised in another member state may obtain the requisite Irish veterinary qualification in order to practice in this country from University College Dublin on successful completion of a period of study stipulated by that body which takes account of their existing level of qualification. On the basis of the available information, I understand that the persons referred to do not fulfil any of the above criteria.

I have obtained Government approval for the drafting of legislation to replace the current body of legislation regulating the veterinary profession. This legislation will comprehensively update and modernise regulation of the profession across a range of areas, including recognition of persons who have a qualification from outside the EU. While certain inflexibilities in regard to recognition of such persons will be removed, it is my intention that recognition should be contingent on the Veterinary Council being satisfied that the third country qualifications are adequate for the purpose of practice as veterinary surgeon in Ireland and where this is not the case, that further training stipulated by the council should be undertaken. I am anxious that the drafting of this legislation be finalised at an early date so that it can be published before the summer recess.

Grant Payments.

Tom Hayes

Question:

114 Mr. Hayes asked the Minister for Agriculture and Food if payment will be made to a person (details supplied) in County Tipperary under the suckler cow scheme for 2003. [13846/04]

The person named applied for premium in respect of nine animals under the 2003 suckler cow premium scheme for small scale milk suppliers on 4 July 2003. Under this scheme premium can be paid only on suckler cows over and above those needed to produce the milk quota of the applicant. The person named had a milk quota of 117,108 litres and needed 29.41 cows to produce this under paragraph 13 of the scheme's terms and conditions. As he stated on his application that he had only 28 cows in all, he had no surplus suckler cows on which premium could be paid. He was written to on 22 January 2004, told this and invited to contact my Department with any query he had. He has not done so to date.

Animal Identification Scheme.

Mary Upton

Question:

115 Dr. Upton asked the Minister for Agriculture and Food if he will respond to a complaint (details supplied); and if he will make a statement on the matter. [13851/04]

I understand this question relates to a delay that occurred in late 1995 regarding the issuing of new cattle identity cards for animals in the herd of the complainant's late uncle. This matter has previously been the subject of representations and was raised with the Department's customer service unit, the Ombudsman's office and the offices of the EU Commission. The cards concerned could not be released to the person named until the Department was satisfied that he was the legally established representative of his late uncle in matters relating to that herd.

Animal Movements.

Billy Timmins

Question:

116 Mr. Timmins asked the Minister for Agriculture and Food the position in relation to an animal movement notice of January 2003 for a person (details supplied) in County Carlow; if this can be processed as a matter of urgency; and if he will make a statement on the matter. [13925/04]

An animal movement notification was received from the person named on 29 January 2003 in respect of a movement that took place on 13 January 2003. The notification in question was returned with a query to the person named as the tag number supplied was not a valid tag number. To date, the person named has not supplied the correct tag number for this animal. As a result, this movement cannot be entered on the cattle movement monitoring system, CMMS.

The revised permit arrangements for notification of farm-to-farm movements of cattle, which were introduced on 15 December last, now require a CMMS certificate of compliance prior to movement. As part of these revised arrangements, the person named should now contact his local district veterinary office with the correct tag number for the animal in question to have this movement entered on CMMS.

Disabled Drivers.

Billy Timmins

Question:

117 Mr. Timmins asked the Minister for Finance the position in relation to a person (details supplied) in County Wicklow who appealed a decision to the disabled drivers medical board of appeal and had a hearing in February 2004; and if he will make a statement on the matter. [13926/04]

It is a fundamental requirement for relief under the disabled drivers and disabled passengers (tax concessions) scheme that the applicant must meet the medical criteria specified in the regulations and be in possession of a primary medical certificate to that effect issued by the appropriate senior area medical officer, who is an official of the relevant health board. Where the issue of the required certificate is refused this can be appealed to the disabled drivers' medical board of appeal, an independent body whose decision is final.

The medical criteria for the purposes of the tax concession under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. Six different types of disability are listed under the regulations and a qualifying person must satisfy one or more of them. The six types of disablement are as follows: persons who are wholly or almost wholly without the use of both legs; persons who are wholly without the use of one of their legs and almost wholly without the use of the other leg such that they are severely restricted as to movement of their lower limbs; persons without both hands or without both arms; persons without one or both legs; persons wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; and persons having the medical condition of dwarfism and who have serious difficulties of movement of the lower limbs.

My Department has no involvement in the operation of the disabled drivers' medical board of appeal. However, I am informed by the medical board of appeal that the person in question was seen by the board on 2 February 2004 and was not considered to be eligible for the scheme as the person did not meet any of the strict medical criteria as set out above.

Banking Sector Regulation.

Finian McGrath

Question:

118 Mr. F. McGrath asked the Minister for Finance if practical action will be taken regarding the plight of brokers; if his attention has been drawn to the disproportionate effects the proposed funding of the Irish Financial Services Regulatory Authority will have on the broker community. [13744/04]

As the Deputy will be aware, IFSRA published a consultative paper on 11 December 2003, as part of a public consultation process, seeking the views of the financial services industry and the public generally on how the activities of IFSRA should be funded. The paper set out the main issues for consideration regarding the manner in which the authority's activities should be funded by the industry from 2004 onwards. The final deadline for receipt of submissions on the subject was 20 February 2004. A total of 67 submissions were received by IFSRA, including a combined submission from the Irish Brokers Association, the Professional Insurance Brokers Association, PIBA, and the Independent Mortgage Advisers Federation, IMAF. These bodies represent more than 1,500 insurance, investment and mortgage intermediary offices throughout the country. I understand that IFSRA met with these bodies soon after the commencement of the consultation process to outline the authority's proposals regarding the funding of IFSRA. The receipt of submissions marked the end of the formal consultation process.

Following the end of that phase of the process, PIBA requested a meeting with me to discuss, inter alia, the issues raised in their submission. Officials from my Department met with PIBA representatives on 1 March. PIBA’s main issues of concern are as follows: the intermediary sector having to pay for regulation in the first place — it felt that as it is consumers who benefit, consumers should pay; the proposed flat fee structure, which it regarded as inequitable and not related to ability to pay; the absence of a tiered system for levies relating to turnover, which it felt would better reflect ability to pay and be more equitable; the total cost to be recovered from the sector, which it felt should be capped; the proposed separate categorisation of mortgage intermediaries and other intermediaries; the level of cost recovery going forward; and the exclusion of certain product introducers from the proposed structure.

IFSRA, having considered the points raised by PIBA, has indicated it is favourably disposed towards meeting some of PIBA's concerns. It has indicated that it will restructure the proposals to allow for a tiered system for determining the levies; it will combine as requested the separate groups for intermediary firms and mortgage intermediaries; and the percentage of budget payable by the industry for 2005 and 2006 will not exceed the level proposed for 2004. IFSRA has indicated its concern to ensure that levies are imposed in a manner that does not create unnecessary or disproportionate burdens for the industry and its current proposals reflect this. I agree with that approach. The Deputy might also like to be aware that I will be putting forward an amendment to the Central Bank and Financial Services Authority of Ireland Bill 2003 on Report Stage in the Dáil, the effect of which will be to allow IFSRA to provide authorisation for periods longer than one year for mortgage intermediaries — they must currently be authorised annually — thereby further reducing both the regulatory burden and the associated costs. The authority, having considered all the issues raised during the consultation process, will be making a submission to me in the near future seeking my approval for the levies.

Tax Exiles.

Finian McGrath

Question:

119 Mr. F. McGrath asked the Minister for Finance the number of Irish citizens who are tax exiles; and if he will make a statement on the matter. [13783/04]

I am informed by the Revenue Commissioners that it is not possible to identify the number of Irish citizens claiming to be non-resident for tax purposes. Income tax returns do not request data on citizenship as the question of whether or not a person is an Irish citizen has no general relevance for tax purposes.

International Agreements.

Pat Carey

Question:

120 Mr. Carey asked the Minister for Foreign Affairs if Ireland, as part of its EU Presidency agenda, proposes to bring forward proposals to suspend the Euro-Mediterranean Association Agreement between Israel and the EU; and if he will make a statement on the matter. [13741/04]

Ireland has no plans to bring forward proposals to suspend the association agreement between Israel and the EU. The Government has, however, on many occasions expressed its deep concern at the impact of actions taken by the Israeli Government on the human rights of Palestinians. The European Union has also regularly conveyed its concerns to the Israeli authorities about the human rights implications of its security policies. Together with our partners in the Union, we will continue to press the Israeli Government to respect fully its obligations under international humanitarian law, in particular the fourth Geneva Convention, and under Article 2 of the EU-Israel Association Agreement. The Union once again conveyed its views to the Israeli authorities in a very clear manner at a meeting of the EU-Israel Association Council on 17-18 November of last year.

Notwithstanding our ongoing concerns, the Government is of the view that the suspension of the trade preferences contained in the association agreement would not be the most effective means of inducing a change in Israeli practices. The Government continues to believe that the appropriate approach is through dialogue with the Israeli authorities and by encouraging negotiation between Israelis and Palestinians. Furthermore, there is no likelihood under present circumstances that a proposal to suspend the trade preferences would achieve the necessary support from EU member states.

Special Educational Needs.

Eamon Gilmore

Question:

121 Mr. Gilmore asked the Minister for Education and Science , further to Parliamentary Question No. 250 of 23 March 2004, the progress which has been made regarding an application for a resource and special needs assistant for a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [13745/04]

The process outlined in my earlier reply to the Deputy has not yet been completed. However, the objective is to complete the process and notify applicant schools of the outcome before the end of the current school year.

School Staffing.

Pat Carey

Question:

122 Mr. Carey asked the Minister for Education and Science if he will review the staffing allocation at a school (details supplied) in Dublin 11 in view of correspondence relating to the changed circumstances of the school; and if he will make a statement on the matter. [13746/04]

The staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous year. The number of mainstream posts sanctioned is determined by reference to a staffing schedule and is finalised for a particular year following discussions with the education partners.

The mainstream staffing of the school referred to by the Deputy for the current school year is a principal and ten mainstream class teachers based on the enrolment of 268 pupils on 30 September 2002. Based on an enrolment on 30 September 2003 of 250 pupils, the mainstream staffing for the 2004-05 school year will be a principal and nine mainstream class teachers. There is no basis under which I can allow the retention of a teaching post for the next school year.

It is open to the board of management of a primary school to submit an appeal under certain criteria to an independent appeals board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application date for appeal were issued recently to all primary schools.

Residential Institutions Redress Scheme.

Finian McGrath

Question:

123 Mr. F. McGrath asked the Minister for Education and Science if he will meet a person (details supplied) in order to resolve this serious case; and if he will report on new developments. [13785/04]

The person referred to by the Deputy ceased his hunger strike on 6 May 2004. As he has exhausted all stages of the redress process his High Court action will now be re-activated. The case will now proceed on the basis of assessment of damages. As progress has been made in this matter the question of a meeting no longer arises.

Special Educational Needs.

Bernard J. Durkan

Question:

124 Mr. Durkan asked the Minister for Education and Science , further to Parliamentary Question No. 285 of 30 March 2004, the way in which or when he proposes to improve the situation in line with requirements; and if he will make a statement on the matter. [13893/04]

The processing of applications for special educational supports referred to in my earlier reply to the Deputy has not yet been completed. However, the objective is to complete the process and notify applicant schools of the outcome before the end of the current school year.

With regard to the existing level of support available to the school referred to by the Deputy, my Department's records show that the school had the services of two shared learning support teacher posts. However, I have had the matter investigated and have learned that there was a re-organisation of the learning support service at the school. The school now has the services of one learning support teacher shared with another school. The Department's records have now been adjusted accordingly and I apologise to the Deputy for the earlier inaccurate information.

Schools Building Projects.

Noel Grealish

Question:

125 Mr. Grealish asked the Minister for Education and Science the status with regard to Scoil Mhuire, Briarhill, Galway; and if he will make a statement on the matter. [13911/04]

An extension project for the school referred to by the Deputy is listed in section 8 of the 2004 school building programme, which is published on my Department's website at www.education.ie. This large-scale project is at stage 1/2/3 — detailed plans and costs — of architectural planning. It has been assigned a band 2 rating by my Department in accordance with the published criteria for prioritising large-scale projects. It is planned to progress this project to advanced architectural planning during 2004.

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

College Closures.

Billy Timmins

Question:

126 Mr. Timmins asked the Minister for Education and Science the position relating to St. Catherine’s College of Education for Home Economics; the position in regard to repeating an academic year; if students must repeat a year, if it will mean having to move to St. Angela’s in Sligo in view of the fact that the college is being closed for three years after this academic year; and if he will make a statement on the matter. [13924/04]

The issue of the future of St. Catherine's arose in the context of a decision by the Dominican trustees of St. Catherine's that due to personnel and financial considerations, they were no longer in a position to fulfil the role of trustees of the college. Following discussions between the trustees and my Department, it was agreed that a consultant would be appointed who would meet with relevant parties and prepare a report on the options available for consideration by the Minister.

The consultant's report was thoroughly examined in my Department and the options for the future of the college were set out for my consideration. Having carefully considered all of them and having taken into account other factors such as the national spatial strategy, relevant costs in a time of financial constraint, a Government decision to restrict public service numbers, the need to secure value for money and a better allocation of resources, I decided that these considerations are best served by the closure of St. Catherine's and the designation of St. Angela's College, Sligo, as the sole centre for the training of home economics teachers.

The closure of St. Catherine's will be phased over the next three years to facilitate students currently enrolled in the college in completing their course of training in the College.

My Department has commenced discussions with the management authorities of St. Catherine's with regard to making the necessary practical arrangements involved in the closure of the college. The position in relation to students who may have to repeat a year will be considered in the context of those discussions.

Fisheries Protection.

Simon Coveney

Question:

127 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources if he will clarify the level of Spanish fishing effort and access into the new Irish Box area. [13737/04]

In accordance with the agreement reached last autumn, the Commission presented its proposal in March to establish fishing effort ceilings in the various western waters areas, including the new Irish Box area. The proposed effort ceilings are based on detailed historical fishing data presented by member states for the agreed reference period of 1998 to 2002. The level of fishing effort proposed for the Spanish demersal fleet for the new Irish Box area is set down in the Commission proposal and amounts to 5.642 million kilowatt days. The level of access for the Spanish fleet will be determined by the effort ceiling set down in the regulation.

As I have indicated in response to a similar question by the Deputy on today's Order Paper, the Commission proposal is currently being considered in detail by a council working group. This technical work is proceeding satisfactorily. Particular attention is being paid to ensuring that a number of valid methodological changes over the previous effort regime such as the inclusion of additional smaller vessels are being correctly reflected in the new regime.

The current focus is on the completion of this technical work, and ensure in the process that there is no increase in fishing effort by foreign fishing fleets in waters around Ireland generally, including the particularly sensitive waters off the south and west coast.

Once this technical work is completed and all required clarifications are available, the matter can be fully settled. I am working to finalise this issue before the end of the Irish EU Presidency and I will be seeking Council agreement at the June Fisheries Council.

Harbours and Piers.

Fergus O'Dowd

Question:

128 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources the funding allocated to the proposed marina at Dereenacallaha, Kenmare, County Kerry; if the State has sought to recoup any of the funding that was drawn down by the developer; if the developer has sought to draw down further grant aid; and if he will make a statement on the matter. [13798/04]

A total of €5.7 million was allocated as a budget day adjustment in 2000 for four projects at Kenmare, Cahirciveen, Rosses Point and Roundstone.

The grant approved to the Kenmare project of €752,550 equalled 45.2% of estimated total cost and was subject to a number of conditions, including evidence of planning and foreshore permissions having been obtained. Payment of the first instalment of the grant of €332,312 was made on the basis of invoices in respect of matured liabilities and copies of the planning permission and foreshore lease that had been obtained. The developer has not sought any further payment in respect of the project. My Department in considering the options available to us in line with legal advice.

Electricity Generation.

Michael Ring

Question:

129 Mr. Ring asked the Minister for Communications, Marine and Natural Resources when a person (details supplied) in County Mayo will receive payment under the farm electrification grant scheme. [13845/04]

My Department has not yet received an application for grant-aid under the farm electrification grant scheme from the person concerned. As soon as the application is received my Department will process it without delay.

Offshore Exploration.

Bernard J. Durkan

Question:

130 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the position in regard to recent discoveries or developments arising from oil, gas or other mineral explorations on or offshore; and if he will make a statement on the matter. [13878/04]

The Dooish exploration well, which was drilled in 2002 by Enterprise Energy Ireland, now Shell E&P Ireland, off the Donegal coast and which discovered a hydrocarbon accumulation, was re-entered and deepened in 2003. Drilling commenced on 11 May 2003 and the well was plugged having confirmed the existence of a substantial gas condensate column, and the rig moved off-site on 30 July 2003. Both my Department and Shell E&P are continuing to analyse the well results and integrate them with other data from the area. Further technical work on the prospect will be required before the size of the gas condensate accumulation and the possibility for any commercial development can be accurately assessed. Drilling began on Statoil's Cong exploration well in the Erris basin on 5 August 2003 and the well was plugged and abandoned as a dry hole on 16 December 2003. The Seven Heads gas field, off the coast of Cork, was developed in 2003 and production began in December 2003.

Up until Friday 30 April 2004, the developers of the Corrib gas field, off the coast of Mayo, were awaiting planning permission for a gas terminal before commencing the development of the field. This has now been received but the developers must wait for a further four weeks in case the planning decision is appealed to An Bord Pleanála.

With regard to non-petroleum minerals, the position has not changed since my reply to a similar question, No. 175, on 11 June 2003.

Coastal Erosion.

Bernard J. Durkan

Question:

131 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans to deal with the issue of coastal erosion; if he will identify the ten locations around the coast needing the most urgent attention in this regard; and if he will make a statement on the matter. [13880/04]

My Department commenced a major coastal protection strategy study in 2003. This study will address the nature and extent of erosion at various locations and different types of coastline around the country and seek to identify the most effective means, technically, financially and environmentally, in responding to particular instances and types of erosion. This will provide a firm basis for establishing national policies and coast protection priorities for a number of years ahead.

The Department's coast protection programmes seek to address the most urgent instances of erosion on the Irish coastline. Funding of €0.78 million is available from my Department for coast protection in 2004. The question of providing funding for coast protection works in the post 2004 period will depend on the amount of Exchequer funding available for such works and overall national priorities.

Marine Safety.

Bernard J. Durkan

Question:

132 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself regarding the application of health and safety regulations at all sea or fishing ports; and if he will make a statement on the matter. [13881/04]

The position on the State port companies operating under the Harbours Acts 1996 and 2000, and the harbour authorities operating under the Harbours Act 1946, is that compliance with the law on health and safety is a matter for the company or harbour authority concerned.

Concerning the five fishery harbour centres, Howth, Dunmore East, Castletownbere, Rossaveel and Killybegs, directly under my control, health and safety regulations are applied on an ongoing basis by the harbour masters and other relevant staff.

Bernard J. Durkan

Question:

133 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which safety checks take place on all seagoing passenger or other vessels; and if he will make a statement on the matter. [13882/04]

Bernard J. Durkan

Question:

134 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself regarding the seaworthiness of all vessels moving through or close to Irish waters; and if he will make a statement on the matter. [13883/04]

I propose to take Questions Nos. 133 and 134 together.

As I have previously informed the House, standards governing the safety and seaworthiness of all vessels, both passenger and other vessels, are developed and adopted at international level, principally from the safety conventions of the International Maritime Organisation, IMO, and from initiatives at European Union level.

Irish maritime law is continually updated to ensure that all the resulting EU directives and IMO safety conventions and resolutions are fully implemented. Under Irish and international law all vessels trading into and out of Irish ports are required to carry the appropriate certification to demonstrate compliance with the requisite international conventions and regulations applicable to ships of their size and type.

All EU registered vessels are subject to surveys and inspections by their flag states and, under the European Union's port state control system, all foreign-registered vessels using community ports are liable to inspections by any of the EU states they are visiting. The application of port state control ensures that at any given time a large number of ships operating within community waters have undergone an inspection by an EU port state control authority.

The surveying staff attached to the maritime safety directorate of my Department carries out the enforcement of all regulations. They inspect vessels, in accordance with the flag state and port state control regimes, to ensure that they comply with the safety standards laid down. The surveyors inspect Irish registered vessels at least annually.

Where a vessel is found not to comply then it is issued with a list of deficiencies to be rectified and it will not be permitted to leave port until the deficiencies have been addressed. During 2003, my Department's surveyors inspected 430 foreign vessels under the port state control system. Of these, 37 vessels were detained for non-compliance with the requisite international marine safety conventions. I believe that the monitoring of vessels by regular inspections is proving to be an effective measure in encouraging full compliance with international safety standards and that the vast majority of vessels into and out of Irish ports and waters are complying with international convention requirements.

Inland Fisheries.

Bernard J. Durkan

Question:

135 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans for the future development of angling on inland waterways; and if he will make a statement on the matter. [13884/04]

Under the Fisheries Acts, the central and regional fisheries boards are responsible, among other things, for the encouragement, promotion, marketing and development of angling in Ireland. While there are no funds available under the tourism and recreational angling measure of the national development plan in 2004, the boards currently devote a considerable proportion of their resources towards this aspect of their remit. The development of angling in the future is a matter for the fisheries boards within the context of their overall business plans and funding allocations.

Marine Safety.

Bernard J. Durkan

Question:

136 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself regarding the application of health and safety regulations for all vessels, commercial or recreational; and if he will make a statement on the matter. [13885/04]

As I have previously advised the House, standards for all commercial seagoing vessels are developed and adopted at international level. These standards cover issues including health and safety at an operational level on board vessels.

Under Irish and international law all vessels trading into and out of Irish ports are required to carry the appropriate certification to demonstrate compliance with International Maritime Organisation and International Labour Organisation requirements. A convention relevant to the health and safety aspect is the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, or STCW convention. All crew on board a vessel must have proper certification to ensure they are suitably trained and can adequately and safely discharge the duties of the positions they hold. The surveyors attached to the maritime safety directorate of my Department conduct regular inspections of all seagoing vessels, under the flag state and port state control inspection regimes, to ensure compliance with the relevant conventions and regulations.

Recreational vessels are not currently subject to a regulatory regime. As I have advised the House on previous occasions, my Department has been developing a registration system for small craft and a code of practice for the safe operation of recreational craft to address the safety issues associated with such vessels. The safety code for recreational craft, together with the small vessels register, will address the safety issues associated with the operation of recreational craft in Irish waters.

Fisheries Protection.

Bernard J. Durkan

Question:

137 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the level of brown or rainbow trout stocks; and if he will make a statement on the matter. [13886/04]

I am advised that brown trout, or Salmo trutta, are a widely distributed indigenous species in Ireland. They are present in almost every catchment in the country since the last ice age. They have successfully colonised both rivers and lakes, although reproducing solely in rivers. There are substantial brown trout populations in both acidic and alkaline systems but this species grows faster and reaches a larger size in alkaline waters.

Currently, the status of brown trout populations vary in different waters. Stocks have declined in some waters because of water quality problems and other land management practices. In contrast the brown trout population in other areas is excellent thanks to investment in stream enhancement programmes and clean water. Brown trout are a relatively short lived species, with a life span of five to seven years, which means that once the suite of environmental problems responsible for depressing a stock are addressed they will quickly recover.

Rainbow trout, or Oncorhynchus mykiss, are originally a North American species. They were originally bred in Europe, including Ireland, in commercial fish farms for the table. Since the 1960s they have been stocked in selected isolated waters in Ireland as an angling species. I understand that the status of rainbow trout stocks is almost entirely dependent on stocking programmes. Fishery legislation prevents their introduction to waters where there are wild stocks of indigenous brown trout. While some rainbow trout have escaped into our rivers from time to time there is no evidence of these fish having ever bred successfully in the wild to a point where they constitute a self sustaining population.

Bernard J. Durkan

Question:

138 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself regarding the adequacy of fishery protection; and if he will make a statement on the matter. [13887/04]

As I have previously advised the House, I consider that control and enforcement is an essential element for the effective implementation of the Common Fisheries Policy. The newly reformed CFP, agreed in December 2002, provides for strengthened control and enforcement measures, and I fully welcome that development.

Effective enforcement of conservation rules is a priority for all member states and each member state has a clear responsibility to monitor and control fishing activity within their respective jurisdictions. The challenge of achieving effective control and enforcement of fisheries' rules is ongoing and requires close collaboration and co-operation between member states. It is clear that fisheries enforcement throughout the EU must continue to improve if the conservation imperatives facing the management of our European fish stocks are to be met. I will continue to work for more effective control in all member states in order to ensure a level playing field for the fishing industry.

Fishing Industry Development.

Bernard J. Durkan

Question:

139 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his views regarding the adequacy of fish stocks in the future arising from annual fish catches; and if he will make a statement on the matter. [13888/04]

The Common Fisheries Policy provides for the conservation and rational exploitation of fisheries resources through a range of instruments. Total allowable catches, or TACs, for the various fish stocks are established each December by the Council of Agriculture and Fisheries Ministers, taking account of scientific advice provided by fisheries biologists on the state of stocks. The Marine Institute carries out Irish stock monitoring programmes which feed into the work of other scientific bodies to determine the status of EU fish stocks.

Recent scientific advice indicated some stocks were outside safe biological limits and accordingly, stock recovery measures have been introduced for Irish sea cod, northern hake and cod in the North Sea and west of Scotland. The overall objective is to ensure the recovery of these stocks within a timeframe of five to ten years. In addition, to ensure the long-term sustainability of stocks, I have consistently stressed the importance of technical conservation measures, in particular for the protection of spawning areas and juveniles.

Fisheries Protection.

Bernard J. Durkan

Question:

140 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans to protect and augment fish stocks; and if he will make a statement on the matter. [13889/04]

The Common Fisheries Policy, CFP, is the legislative framework for fisheries policies to be implemented by the EU over the next ten years. This framework provides for the conservation and rational exploitation of fisheries resources through a range of instruments such as total allowable catches, or TACs, recovery plans and technical conservation measures. Effective conservation measures will help to provide for the sustainable exploitation of fish stocks into the future.

Ireland has been at the forefront at EU level in pushing for enhanced technical conservation measures to protect fish stocks. This issue was addressed in detail at a ministerial and stakeholders' conference on fast tracking the development of environmentally friendly fishing methods which I hosted in early March. The overriding consensus at this conference was that better and smarter fishing and the development of environmentally friendly fishing methods has a critical role to play in the fishing industry going forward. I intend, as President of the Council of Fisheries Ministers, to make significant progress on this issue during Ireland's Presidency of the EU.

Telecommunications Services.

Bernard J. Durkan

Question:

141 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the timetable for the modernisation of the telecommunications system including broadband here; and if he will make a statement on the matter. [13890/04]

Bernard J. Durkan

Question:

143 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources this country’s rating in terms of modern telecommunications in the top ten throughout Europe; and if he will make a statement on the matter. [13892/04]

I propose to take Question Nos. 141 and 143 together.

The provision of and investment in telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised marketplace, regulated by the Commission for Communications Regulation, ComReg.

It is important that the regulatory environment underpins the development of available, affordable and competitive broadband services. In that regard, I issued a policy direction on 26 March 2004 to the Commission for Communications Regulation stating that our broadband goal is to be at or better than the EU average, excluding accession countries, for end-user access to, and usage of, broadband by mid-2005.

While recent reports show that Ireland lags behind our European neighbours in terms of broadband penetration, there is evidence of significant growth in take up of broadband in Ireland in the past year. The number of broadband subscribers has risen tenfold from less than 5,000 in January 2003 to an estimate of 50,000 currently; much of this due to improved pricing by service providers. Recognising, however, that the market has been slow to respond to demand for broadband, since 1999 my Department has invested almost €170 million, in partnership with the public and private sectors, in infrastructure projects that will enable the provision of modern, high-speed broadband communications in the regions. Currently, my Department is grant aiding the construction of 25 fibre optic metropolitan area networks, in conjunction with local authorities, in key regional towns and cities. This investment of up to €80 million will enable the delivery of competitive, open access, broadband services in these towns.

On 12 December last I announced a broadband action plan which has two main elements. The first consists of proposals to roll out open access broadband infrastructure to over 90 towns with a population of over 1,500, and the second consists of the development of a group broadband scheme which will grant aid community-led initiatives promoting the rollout of broadband access in small towns, villages and rural hinterlands. I have secured a commitment of €35 million each year from now until 2007 to ensure the implementation of this broadband action plan.

In addition, on the provision of broadband to schools, the Government has reached agreement with the telecommunications industry as represented by IBEC-TIF for the establishment of a joint Government and IBEC-TIF fund to resource the provision of high speed broadband connectivity to all first and second level schools nationwide. Under the proposed agreement, IBEC-TIF members will contribute €15 million to a joint Government and IBEC-TIF fund of €18 million. This fund will be used to provide broadband connectivity to all schools over a three year period.

Question No. 142 answered with QuestionNo. 38.
Question No. 143 answered with QuestionNo. 141.

Fisheries Protection.

John Perry

Question:

144 Mr. Perry asked the Minister for Communications, Marine and Natural Resources, further to Question No. 454 of 27 April 2004, if he will quantify the materials removed from the River Shannon by ESB fisheries conservation staff for the years 1985, 1986 and 1987; and if the ESB may decline to answer or provide the required information in view of the fact that he has only a supervisory role; and if he will make a statement on the matter. [13929/04]

John Perry

Question:

145 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the number of disposal orders obtained through the courts by the ESB fisheries conservation division to dispose of confiscated materials in the years 1987, 1988, 1989, 1990, 1991 and 1992; and if he will make a statement on the matter. [13930/04]

John Perry

Question:

146 Mr. Perry asked the Minister for Communications, Marine and Natural Resources, further to Parliamentary Question No. 454 of 27 April 2004, the reason the ESB informs me that all disposals of materials of intrinsic value removed from the river Shannon by ESB fisheries division are dealt with in conjunction with the Shannon Fisheries Board; if he will quantify the number of occasions that the ESB involved the Shannon Fisheries Board; and if he will make a statement on the matter. [13934/04]

I propose to take Questions Nos. 144 to 146, inclusive, together.

I am advised by the ESB that its fisheries conservation staff have not maintained any formal record of materials removed by them from the river Shannon as most of such removals are of general debris or small pieces of net used for illegal fishing and consequently of no value.

I am further advised by the ESB that no disposal orders were obtained directly by the board from the courts in the years referred to by the Deputy and that confiscated material is disposed of using the services of the Shannon Regional Fisheries Board. I am informed that all prosecutions taken on behalf of the ESB under the Fisheries Acts are also processed through the Shannon Regional Fisheries Board but that the ESB bears the costs of such prosecutions and disposals.

The Shannon Regional Fisheries Board has confirmed to my Department that it has over the years received seized nets for storage and disposal and that while the board has taken prosecutions for illegal fishing on behalf of the ESB in the past, no prosecutions have been taken in the last five years. It has not been possible in the time available for the Shannon Regional Fisheries Board to collate the specific information on disposals and prosecutions that the Deputy is seeking. I have, however, asked the CEO of the Shannon Regional Fisheries Board to liaise with the ESB in order to provide this information directly to the Deputy within the next two weeks.

John Perry

Question:

147 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he will give a breakdown of the persons involved in the capture of elvers; if they were used for restocking the Shannon System; the locations or if they were sold outside the Shannon System. [13935/04]

John Perry

Question:

148 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the controls that are in place to ensure that captured elvers are used for conservation purposes in view of the restriction placed on the ESB by the Oireachtas; his views on the situation; if he proposes to put in place more comprehensive restrictions to conserve our declining stocks; and if he will make a statement on the matter. [13936/04]

I propose to take Questions Nos. 147 and 148 together.

I am advised by the ESB that all elvers and glass eels are stocked under the direct supervision of the ESB fisheries supervisor in Shannon and that the programme of elver capture in the Shannon region is undertaken jointly by the ESB and the Shannon Regional Fisheries Board using a combination of staff and contract workers. I am further advised by both boards that all elvers captured in this programme are restocked into the Shannon catchment to assist in rebuilding depleted stocks.

Water Pollution.

John Perry

Question:

149 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he is concerned with the number of cruisers on the Shannon which have not complied with current waste disposal regulations and the effect on the Shannon eco-system; his views on the continued decline in water standards, resulting in declining fish stocks; and if he will make a statement on the matter. [13937/04]

The issues of waste disposal regulations and water quality are primarily a matter for my colleague, the Minister for the Environment, Heritage and Local Government. The control of the operation of cruisers on inland waterways is a matter for Waterways Ireland, which is a North-South body established under the British Irish Agreement Acts.

I am aware that the Shannon Regional Fisheries Board, which is the competent authority for the inland fisheries resource of the Shannon catchment, has some concerns about the effect that cruisers on the Shannon may pose to the water quality in the river. The board advises me that they have raised this issue with the local authorities in the catchment and with the Shannon river basin district project with the aim of having the necessary facilities put in place so that cruisers can comply with the regulations referred to by the Deputy.

Executive Pay.

John Gormley

Question:

150 Mr. Gormley asked the Minister for Health and Children if his attention has been drawn to the concerns expressed about the Irish Society for Autism and the very large emoluments paid to the executive director; and if his Department have made any inquiries about this or about the relationship between ISA and a sister organisation called Autism Alliance about which very little seems to be known. [13847/04]

Issues related to emoluments are normally a matter between the relevant agency and the person concerned. I am aware that discussions have taken place between the various health boards which use the services provided by the Irish Society for Autism and the society on a range of issues, including concerns regarding those services which have been expressed by parents of persons with autism.

Health Board Services.

John McGuinness

Question:

151 Mr. McGuinness asked the Minister for Health and Children if he will immediately reverse the decision of the SEHB not to pay enhanced subvention of €76.90 in the case of a person (details supplied) in County Kilkenny in view of the hardship of the case and the general circumstances of the person and their family; if a response to the query will be expedited; the reason Question No. 536 of 27 April 2004 alerting the SEHB to the problem has not been answered; and if he will make a statement on the matter. [13731/04]

I wish to thank Deputy McGuinness for bringing this matter to my attention. I regret to learn that the South Eastern Health Board has not responded to Question No. 536 of 27 April 2004 to date.

Given the position outlined by Deputy McGuinness, I am arranging to have the matter prioritised and as 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 asked the chief executive of the board to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

John McGuinness

Question:

152 Mr. McGuinness asked the Minister for Health and Children the action he is taking to provide proper accommodation and home aids for a person (details supplied) in County Kilkenny; and if a response in the case will be expedited. [13732/04]

The provision of accommodation for persons with a physical or sensory disability is appropriate for the Department of the Environment, Heritage and Local Government. The provision of aids and appliances including home aids is a matter for the relevant health board. Accordingly, the Deputy's question has been referred to the CEO of the South Eastern Health Board with a request that he examine the matter and reply directly to the Deputy as a matter of urgency.

Dan Neville

Question:

153 Mr. Neville asked the Minister for Health and Children the new services to be provided by the Southern Health Board in view of increased spending on suicide prevention and research of €825,000 in the area. [13733/04]

Responsibility for the provision of services referred to by the Deputy rests with the Southern Health Board. My Department has therefore asked the CEO to investigate the matter raised by the Deputy and reply to him directly.

Mental Health Services.

Finian McGrath

Question:

154 Mr. F. McGrath asked the Minister for Health and Children if his attention has been drawn to the psychotherapists practising in and around Dublin who are neither monitored nor licensed and that complaints are being made that vulnerable persons are at risk; and if he will investigate this matter. [13734/04]

My Department is not aware of any specific instances where vulnerable people have been put at risk by practitioners providing psychotherapy services. For psychotherapists providing services in the public health service, health service employers must satisfy themselves that such psychotherapists are appropriately competent and qualified.

In the private health service, it is the responsibility of each individual practitioner providing health care services to the public to ensure that they are trained and qualified to the level required to work safely within their area of competence. Members of the public considering availing of the services of a psychotherapist in private practice should satisfy themselves that the psychotherapist in question is a member of a professional body and subscribes to the code of ethics and other requirements of the relevant professional organisation.

If the Deputy is aware of specific complaints of vulnerable persons placed at risk in the above circumstances, these allegations or complaints should be brought to the attention of the Garda authorities.

Health Board Services.

Michael Ring

Question:

155 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be seen by an orthopaedic surgeon at an orthopaedic out patient clinic in Mayo General Hospital. [13774/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the CEO of the board to reply directly to the Deputy in relation to the matter raised.

Michael Ring

Question:

156 Mr. Ring asked the Minister for Health and Children when the orthopaedic unit will be operational in Mayo General Hospital; when patients will be treated there; and when orthopaedic surgery will be performed there. [13775/04]

The provision of services at Mayo General Hospital is a matter for the Western Health Board. My Department has asked the CEO of the board to reply directly to the Deputy in relation to the matter raised.

Seymour Crawford

Question:

157 Mr. Crawford asked the Minister for Health and Children the changes which will take place in Monaghan General Hospital regarding the employment status of the staff at every level if and when the new agreement proposed by management is put in place; his views on whether health board employees also have to plan the long term future of their families; the situation if the new protocol is implemented; and if he will make a statement on the matter. [13784/04]

Responsibility for the provision of services at Monaghan general hospital rests with the North Eastern Health Board. My Department has, therefore, asked the CEO of the board to investigate the position in relation to this matter and to reply to the Deputy directly.

Bernard Allen

Question:

158 Mr. Allen asked the Minister for Health and Children if he will investigate the situation of a person (details supplied) in County Cork. [13800/04]

Responsibility for the provision of services at Cork University hospital is, in the first instance, a matter for the Southern Health Board. My Department has, therefore, asked the CEO of the board to reply to the Deputy directly on the issue raised.

Bernard J. Durkan

Question:

159 Mr. Durkan asked the Minister for Health and Children when a disabled person’s grant application currently with the SWAHB will be processed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13806/04]

The assessment of entitlement to and payment of the disabled persons grant in any individual case is a matter for the relevant health board. Accordingly, a copy of the Deputy's question has been forwarded to the regional chief executive of the Eastern Regional Health Authority, with a request that he examine the case and reply directly to the Deputy as a matter of urgency.

Nursing Education.

John Perry

Question:

160 Mr. Perry asked the Minister for Health and Children when clinical nurse specialist to public health nurses will be recognised by the commission on nursing; and if he will make a statement on the matter. [13928/04]

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 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, 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, or 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.

Regarding the statement contained in the report of the commission on nursing, the nursing alliance, in its submission to the PSBB, stated that 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 and 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. I would point out that in recognition of their qualifications, all PHNs are paid a qualification allowance of €2,422 per annum and PHNs who were in employment on 16 November 1999 are paid a further red circled allowance of €1,390 per annum on top of basic salary.

Health Board Services.

John Perry

Question:

161 Mr. Perry asked the Minister for Health and Children if he will again take steps to ensure that a person (details supplied) in County Sligo is called for their operation in Sligo general hospital in view of the deterioration in their condition; and if he will make a statement on the matter. [13932/04]

Responsibility for the provision of health services to persons living in County Sligo rests with the North Western Health Board. My Department has again asked the CEO of the board to investigate the matter raised by the Deputy and to reply to him directly.

John Perry

Question:

162 Mr. Perry asked the Minister for Health and Children the progress made on orthodontic treatment for a person (details supplied) in County Sligo; if he will take steps to ensure that they are called for orthodontic treatment which is urgently needed in view of the deterioration in this person’s condition; and if he will make a statement on the matter. [13933/04]

Responsibility for the provision of orthodontic treatment to eligible persons in County Sligo rests with the North 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.

Environmental Policy.

Eamon Ryan

Question:

163 Mr. Eamon Ryan asked the Minister for Transport the reason he is reluctant to promote the wider use of a low emission fuel such as LPG as a cheaper, cleaner and more environmentally friendly alternative to petrol in view of Ireland’s obligations to reduce carbon emissions as set out in the Kyoto Protocol; and the details of emissions and by-products, both in production and consumption of different fuels, which support his Department’s stance on the issue. [13735/04]

Eamon Ryan

Question:

164 Mr. Eamon Ryan asked the Minister for Transport the reason no measures are being planned within his Department to encourage petrol vehicle users to convert their vehicles to run on LPG fuel; and if he has current environmental and comparative cost data, outlining the advantages versus disadvantages in addressing the cost of conversion, maintenance, servicing and upkeep and cost of fuel which support his Department’s reluctance to promote LPG vehicle conversion at present. [13736/04]

I propose to take Questions Nos. 163 and 164 together.

I refer to the reply to Question Nos. 140 and 141 of 5 May 2004.

Public Transport.

Tony Gregory

Question:

165 Mr. Gregory asked the Minister for Transport the number of licences granted to date to private bus operators in the State; the individual cost of these licences; and the procedures in place to ensure that the conditions of the licences are monitored and complied with. [13747/04]

According to the departmental records, the total number of licences granted to date to private bus operators since the Transport Act 1932 came into force is 1,678. Of this total, 529 licences are currently valid.

The level of fees for a passenger licence is provided for in the Road Transport Act 1932, Regulations 1955 (S.I. No. 68/1955). A fee of €7.62 is charged for the grant of an annual continuous service licence and a fee of €5.08 for an annual seasonal service licence. Annual licences, both continuous and seasonal, are renewable each year at a cost of €2.54. For an occasional licence, a fee of €5.08 is charged where a number of occasions is involved and a fee of €0.63 applies for an occasional licence covering one occasion only.

On the ground monitoring of licensed bus services is carried out by staff of my Department periodically throughout the year to check that operators are complying with the conditions attached to their licences. In addition, at the time of application for renewal of licences, operators are required to provide evidence that the service is being operated according to the conditions of the licence, such as a published timetable, a letter from the gardaí confirming that they are operating to the licence schedule, and-or an advertisement in a local newspaper or website.

Road Safety.

Denis Naughten

Question:

166 Mr. Naughten asked the Minister for Transport the number of licences which have had penalty points attached to them due to breaking the speed limit at the 43 locations around the country listed in correspondence to local authority managers as part of a review of speed limits; and if he will make a statement on the matter. [13779/04]

Denis Naughten

Question:

167 Mr. Naughten asked the Minister for Transport the speed limit at the 43 locations around the country listed in correspondence to local authority managers as part of a review of speed limits; the specific locations involved; when he hopes that this specific review is completed; and if he will make a statement on the matter. [13780/04]

Denis Naughten

Question:

168 Mr. Naughten asked the Minister for Transport when the general review of speed limits as directed by him to the local authority managers will be completed; and if he will make a statement on the matter. [13781/04]

I propose to take Questions Nos. 166 to 168, inclusive, together.

The Road Traffic Acts provide for the direct application of speed limits to all roads. Under the provisions of these Acts, a default speed limit of 30 miles per hour applies to all roads, apart from motorways, in a built-up area and a general speed limit of 60 miles per hour applies to all roads outside such areas apart from motorways. A default speed limit of 70 miles per hour applies in the case of motorways. The Acts provide that local authorities may make bye-laws through which the speed limits that apply on a default basis can be changed in respect of roads specified in such bye-laws. These bye-laws are made by the elected members of the local authorities following consultation with the Garda Commissioner and, in the case of national roads, with the consent of the National Roads Authority, NRA.

In the context of an overall review of speed limits carried out against the background of the metrication of such limits generally, county and city managers were asked in January 2003 to examine the position in relation to their areas. The primary focus of the examination was to ensure that the disapplication of default speed limits and the application of special speed limits were supported by bye-laws. In addition, the authorities were asked to look at instances where speed limits might not be appropriate and to take any action they deemed to be appropriate. My Department subsequently wrote to managers in March 2003 repeating the request to look at possible instances of inappropriate speed limits and outlining the overall position in relation to the progress for metrication of speed limits later this year.

Both the Automobile Association and the Society for the Irish Motor Industry recently presented me with lists of locations in respect of which they had received representations questioning the speed limits currently in place. In order to assist managers in the review referred to above, they have been advised of the locations identified in the submissions of the two organisations. Managers have specifically been asked to look at these locations and if the local authority considers that the speed limit is not appropriate, that steps should be taken to introduce appropriate amendments to the bye-laws, which will see more appropriate speed limits applied. On the other hand, where the local authority considers that a speed limit in question is appropriate, they have been asked to consider the provision of a sign informing road users of the need for that limit.

The enforcement of speed limits is a matter for the Garda Síochána. Where a person either pays a fixed charge or is convicted of a speed limit offence, data necessary to ensure that penalty points are endorsed in the person's licence record is forwarded to my Department. That data does not include a reference to the location at which the breaching of the speed limit occurred.

SCHEDULE

LIST OF SPEED LIMIT LOCATIONS CRITICISED AS BEING INAPPROPRIATE

Fingal County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

Darndale/Clarehall

N32 onto the M50

30

40

No obvious reason for low limit

Grange Road, Baldoyle

30

40

Excellent wide road — very good visibility

Blanchardstown Bypass, Dual Carriageway

N3

40

60

Dual Carriageway, no obvious reason for low limit.

Dublin

R132

40

50

M1 to Dublin Airport 2 lanes into 4 lanes

Dublin Road. Swords Roundabout to Stockhole Lane

N1

40

50

No obvious reason for low limit

Grange Road Baldoyle to roundabout at Hole in the Wall Rd.

Grange Road

30

40

Serious decline in Road to bridge from Donaghmeade and road is wide.

The Hole in the Wall Road, Dublin 13

30

40

Open country road

N1 Between Coachman’s Roundabout and Airside Business Park

N1

40

50

Dual Carriageway — good stretch of road

Estuary Road, Malahide

30

40

Open country road

N32 (link road from M50/M1 to Malahide road)

N32

40

50

SCHEDULE

LIST OF SPEED LIMIT LOCATIONS CRITICISED AS BEING INAPPROPRIATE

Dublin City Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

Navan Rd from Halfway House to Cabra Rd

N3

30

40

Donnybrook Garage to Loughlinstown roundabout

N11

40

50

Dual Carriageway

Montrose

N11

30

50

30mph is too dangerous on such a wide road

Belfield

N11

40

50

Dual Carriageway, no obvious reason for low limit, very hard for motorists to comply

From Foxrock to RTE

N11

40

50

Wide road with QBC and cycle lanes

Naas Road- from MDL to Longmile Road interchange

N7

30

40

Kylemore Road to Red Cow in and out. 3 lane carriageway, impossible to keep 30 limit

From Red Cow to Inchicore

N7

30

40

Red Cow Roundabout to Newlands Cross

N7

40

50/60

Three lane road on a straight stretch.

Kilbarrack Rd onto TonlageeRd

R104

30

40

No obvious reason for low limit.

James Larkin Rd at the Mount Prospect junction

30

40

Heuston Station, St. John’s Road West

30

40

Dual carriageway. 30 too low Heuston Station to South Circular. Difficult to keep to 30

Clontarf Road to Fairview,

Clontarf Road

30

40

Road is wide enough to take increase in limit. Very hard to keep below 30 mph — Taxis and buses overtaking in bus lane.

Dún Laoghaire-Rathdown County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of Complainant(s)

Donnybrook Garage to Loughlinstown roundabout

N11

40

50

Dual Carriageway

Belfield, Co. Dublin

N11

40

50

Dual Carriageway, no obvious reason for low limit, very hard for motorists to comply

From Foxrock to RTE

N11

40

50

Wide road with QBC and cycle lanes

Cabinteely, Co. Dublin

N11

30

50

Good quality dual carriageway, No obvious reason for low limit

Ballinteer

M50

60

70

No obvious reason for low limit once clear of Ballinteer interchange

Dundrum By-Pass

Proposed regional

30

40

2 exits only on this road

Glenageary Road, Extension

R118

30

40

Straight Road — no turn offs on this road — no reason for low limit — very hard for motorists to comply.

Braemore Rd. Churchtown

R112

30

40

Straight Rd. Plenty of visibility although it is residential.

Church Rd., Dún Laoghaire, Deer Hunter

R118

30

40

Continuation of Church Road — 40 mph — walls segregating road from housing estates.

Road between Glenageary & the Graduate pub roundabouts

30

40

The limit should be the same as next section down Church Rd because road is wide, has good visibility, no side access roads.

Netownpark Ave joining Whites Cross

30

40

This steep hill makes it difficult not to exceed 30mph

Clonkeen Road

30

40

Straight road with slip roads for housing

Scholarstown to Dundrum (M50)

60

70

SCHEDULE

LIST OF SPEED LIMIT LOCATIONS CRITICISED AS BEING INAPPROPRIATE

South Dublin County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

Naas Road

N7

30

40/60

Kylemore Road to Red Cow in and out- from MDL to Long Mile Interchange. 3 lane carriageway impossible to keep 30 limit

Red Cow to Newlands Cross

N7

40

50/60

Three lane road on a straight stretch.

M50 Tallaght Exit to Spawell Roundabout

30/40

50

Difficult to comply with.

Lucan Road

N4

40

50

M50 Roundabout to Foxhunter in and out 3 lane carriageway hard to keep 40 limit

Joining Lucan Road from M50 (heading West)

40

60

Most traffic moves to 60mph outside rush hour

M50 from Tallaght to Dundrum

M50

60

70

As this road is an extension of the 70mph M50

Spawell Hotel to M50

N7

various limits

50-60

There should be one limit and 50 at the intersection

Dodder Park Road from Rathfarnham to Templeogue Rd.

40

Naas Road leading to Rathcoole

N7

40

60

Road is very dangerous due to low speed

From Knocklyon to Dundrum roundabout

M50

60

70

Motorway with no exits or slip roads

N4 from M50 roundabout to bridge at Woodies (Lucan)

40

increase

Cork City Council /Cork County Council

(as applicable)

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

Dunkettle Roundabout, Cork to Tivoli

N8

40

50

Double lane dual carriageway, straight road

Blackpool by-pass, Cork

N20

30

40

Four lane wide dual carriageway

Mallow Road inbound between Commons Inn and Polefield area

N20

30

40

Cork City, Silver Springs, outbound

N25

40

50

Dual carriageway, no obvious reason for low limit, very hard for motorists to comply

Lr. Tivoli Road to Cork City

N8-

30

40

Good straight road and surface — reduce to 25 at railway bridge (accident spot).

Cork: Tower to Blarney Road

R617

30

40

Cork: Classic Cross to Ballincollig West

N22

30

40

Cork: Carrohane Road from Poulavane roundabout to Blarney junction

30

40

Cork: Ballincollig Killumney Road adj. St. Oliver’s cemetery

30

40

Cork: Fountainstown to O’Leary Cross

60

40

East Cork, Castlemartyr

R632

30

40

Not a built up area

Cork: Into Mallow from Cork Rd, 0202

N20

40

50

Double lane carriageway up to a roundabout (back from the roundabout is 30)

Cork: Douglas to Ardfallen

R610

30

40

SCHEDULE

LIST OF SPEED LIMIT LOCATIONS CRITICISED AS BEING INAPPROPRIATE

Wexford County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

New Ross town to Clonroche

N30

60

50/40/30 in places

Numerous junctions / poor vision / narrow road in places and a lot of truck traffic

Kilkenny County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

N25 into New Ross from Waterford (1 mile out)

N25

30

40

Good straight wide road

Waterford City Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

Sallypark Road Waterford

30

40

Wide, clear road

Limerick County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of Complainant(s)

Patrickswell Bypass

60

50

Poor street lighting, road is narrow & vulnerable to high winds

Galway City Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of Complainant(s)

Galway By-Pass: Tuam Road Roundabout to Menlo Park Hotel;

30

50

Dual Carriageway, no obvious reason for low limit

Tuam Road to Headford Road

Speed limit should be made higher on this quiet 4 lane road

Quincentenniel Bridge

30

40

No obvious reason for low limit

Louth County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

Inner By-pass, Louth

30

Increase

Present limit is not being observed and is constantly broken.

SCHEDULE

LIST OF SPEED LIMIT LOCATIONS CRITICISED AS BEING INAPPROPRIATE

Kerry County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

Tralee Road approaching Farranfore

N22

30

50

Kildare County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of Complainant(s)

Road between M50 and Leixlip

40

50

Limit of 40mph is totally unnecessary

Leixlip to Celbridge Road

R404

30

increase

30mph is low for stretch past Hewlett Packard

Wicklow County Council

Location

Road Number

Speed Limit

Suggested Limit

Comments of complainant(s)

Kilmacanogue, Co. Wicklow

N11

40

60

Dual carriageway between two 60 mph units — ignored by majority of motorists

Arklow By-Pass

N11

60

Collimore to Rathnew

N11

40

60

Despite roadworks 40mph is too low to allow compliance on such a good road

Wicklow: Southern Cross Road, Bray

R768

40

50

Plenty of visibility on this road. Not a built up area. No reason for low limit.

Denis Naughten

Question:

169 Mr. Naughten asked the Minister for Transport when he intends to introduce the reduced speed limits outside schools; the type of reduction envisaged outside schools at which the national speed limit applies; if there is to be a differential at these schools between national routes and county roads; and if he will make a statement on the matter. [13791/04]

Recommendations have been made by the working group on the review of speed limits in relation to the application of special arrangements for speed limits in the vicinity of schools where they are deemed to be necessary by the relevant city or county council. It was further recommended that these special arrangements would be deployed only at the location during periods when children are entering and leaving the school.

Legislation to support the introduction of new structures for speed limits, which include provisions to facilitate the application of those arrangements, is currently being drafted based on the general scheme of a Road Traffic Bill recently approved by Government. I hope that this legislation will be introduced in the Oireachtas shortly, with a view to its passage being completed during the current session.

Rural Transport.

John Perry

Question:

170 Mr. Perry asked the Minister for Transport if his attention has been drawn to the fact that the rural transport initiative in County Sligo for Dromore West, Gurteen Ballymoate Banada, Tourlestrane and Tubbercurry is now operating at full capacity having delivered a worthwhile scheduled service to over 5,800 passengers in 2003 and 800 per month in 2004; if he will give a firm commitment that the necessary funding of €36,000 will be given to the west Sligo rural transport initiative to ensure that it can carry the project to the end of December 2004; and if he will make a statement on the matter. [13927/04]

I understand from Area Development Management Limited, ADM, which is managing the rural transport initiative, RTI, on behalf of my Department, that the initiative is now fully rolled out in all the 34 project areas that were selected for funding.

While €4.4 million was earmarked for the RTI in the national development plan, some €6 million has already been provided for the initiative in the two year period ending December 2003 and further funding of €3 million is being provided in 2004. Specific allocations for individual RTI projects are made from this funding by ADM and I have no function in relation to it.

I understand from ADM that the funding allocation for the years 2002 and 2003 for this Sligo RTI project was €86,349. Because the project was not in a position to roll out its services in 2002, only a minimal amount of this funding was expended in that year with the result that a disproportionate amount of the two-year allocation, some €80,000, was concentrated on one year, 2003. In addition, the company was also allocated €6,880 arising from the extension of the free travel scheme to the RTI in 2003.

I understand from ADM that the 2004 RTI allocation for this project is €49,594 before any allocation in respect of the free travel scheme or any other funding that the project might acquire from other sources.

Garda Investigations.

Tony Gregory

Question:

171 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the details of the procedure whereby a victim of a crime may report the matter in a Garda station; the manner in which it is then recorded; if a reference number or a log number is made available to the victim; and if he will make a statement on the matter. [13748/04]

I am informed by the Garda authorities that when an incident is reported at a Garda station and, on the balance of reasonable probability, it seems that a criminal offence took place that particular incident is recorded. The incident is then recorded on the PULSE system which allocates a unique reference number to the report. In stations which are not networked to the PULSE system, details of the incident are entered on the PULSE system in a Garda station that is networked to PULSE. I understand that it is not the practice generally to make available a reference number or a log number.

Garda Recruitment.

Cecilia Keaveney

Question:

172 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 155 of 5 May 2004, if a garda has been replaced in Malin Garda station; if there has been progress in relation to having a sergeant appointed; the strength of the Garda personnel at the station as at 5 May 2004; and if he will make a statement on the matter. [13749/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Malin Garda station as at 5 May 2004 was two, all ranks. The sergeant allocated to Malin Garda station has submitted a notice of intention to retire with effect from 15 May 2004. The question of a replacement for Malin Garda station will be considered during future allocations of newly promoted sergeants.

Cecilia Keaveney

Question:

173 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform if a garda at Moville station, County Donegal who has retired and a garda due to retire soon will not be replaced; and the way in which he can justify this decision if it is the factual position given at a recent meeting in the town. [13750/04]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Moville Garda station, County Donegal as at 11 May 2004 was eight, all ranks.

The allocation of personnel is reviewed on an ongoing basis, and when additional manpower next becomes available the needs of Moville Garda station will be fully considered in the overall context of the needs of Garda districts throughout the country. Cognisance is taken of impending retirements etc. during each allocation of probationer gardaí to regions and districts. Garda personnel assigned to the Donegal division, together with overall policing arrangements and operational strategy, are constantly monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and that the best possible service is provided to the public.

Ground Rents.

Arthur Morgan

Question:

174 Mr. Morgan asked the Minister for Justice, Equality and Law Reform his views on the contention of the Oireachtas All-Party Committee on the Constitution outlined in its ninth progress report that there are no constitutional barriers to the abolition of ground rents; and if he will make a statement on the matter. [13754/04]

As indicated in my reply to Question No. 193 of 28 April 2004, the recommendations contained in the Ninth Progress Report of the All-Party Oireachtas Committee on the Constitution in regard to the issue of ground rents are being taken into account in the context of my proposals for a Bill to abolish ground rents. Progress on that Bill is subject to the resolution of possible constitutional and practical difficulties concerning the respective rights of ground rent tenants and landlords, land law generally and, in particular, the land registration system.

It is noteworthy that the ninth report itself makes clear that, to be constitutional, any legislation abolishing ground rents must provide an adequate system of compensation. The report also adverts to the desirability of a system that would lead to the simplification of conveyancing and the avoidance of lengthy and convoluted titles.

Garda Operations.

Seán Crowe

Question:

175 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if he will request the Garda Commissioner to allocate additional Garda patrols to the Tymon Road North in Tallaght, in view of the fact that there is a serious problem of vandalism and anti-social behaviour in the area. [13755/04]

I have been informed by the Garda authorities that the gardaí in Tallaght are aware of reported incidents of vandalism and anti-social behaviour in the Tymon Road North area of Tallaght. A number of persons were recently arrested in relation to incidents of car theft, criminal damage and burglary in this area and one youth has been admitted to the Garda juvenile diversion programme. Investigations into all reported matters are continuing.

I am further informed that regular Garda patrols give the area ongoing attention. The area is also patrolled by divisional patrols which include the divisional task force and the divisional traffic unit. Local Garda management is satisfied that sufficient resources are available to police the area.

Appointment of Ombudsman.

Seán Ryan

Question:

176 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform if he will sanction the establishment of an independent commission or ombudsman to enable persons with complaints against the legal profession to have their cases independently investigated; and if not, the way these persons will have their complaints processed. [13776/04]

The purpose of a number of provisions of the Solicitors (Amendment) Act 2002 is to strengthen the disciplinary regime for solicitors. Their operation will be kept under review.

The Progressive Democrats election manifesto 2002 contains a commitment to establish an office of statutory ombudsman to protect the interests of clients of the legal profession. This commitment is not included in the Agreed Programme for Government between Fianna Fáil and the Progressive Democrats. However, in the foreword to the agreed programme, the Taoiseach and the Tánaiste state that, in Government, it is open to either party to seek to persuade colleagues to pursue any individual policy included in their respective manifestos. Accordingly, it remains open as to whether proposals to Government for the establishment of a statutory ombudsman for the legal profession will be made in the light of continuing review of this area.

Garda Investigations.

Pat Breen

Question:

177 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the number of offenders that are currently on bail or waiting trial who have committed serious offences; and if he will make a statement on the matter. [13777/04]

It is assumed that the Deputy is seeking information on the number of persons currently on bail or awaiting trial who have been charged with offences committed while on bail or awaiting trial. Inquiries are being made with the Garda authorities to determine if this information can be supplied and I will communicate further with the Deputy when their response is to hand.

Penalty Points System.

Denis Naughten

Question:

178 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the number of penalty points notices issued at each of the 43 locations around the country listed by him in correspondence to local authority managers as part of a review of speed limits; and if he will make a statement on the matter. [13778/04]

The review of speed limits is being undertaken by my colleague, the Minister for Transport, Deputy Brennan, and the correspondence to which the Deputy refers came from him. As the Deputy is aware, neither the Garda Síochána nor my Department has any role in the issuing of penalty point notifications. I, therefore, assume he is referring to the fixed charge notices issued by the Garda Síochána. I have been informed by the Garda authorities that it is not possible to quantify the number of fixed charge notices issued by such specific locations and that compiling such data would require a disproportionate amount of Garda time and resources which would not be justified in the circumstances.

Crime Levels.

Finian McGrath

Question:

179 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the number of rapes and sexual assaults in prisons to date in 2004. [13782/04]

There have been two allegations of sexual assault in prisons to date in 2004. These incidents related to alleged assaults in Cloverhill Prison and Cork Prison. Both incidents were reported to the Garda Síochána. As investigations are under way, I am not in a position to comment further on the two allegations at this stage.

Registration of Title.

John Ellis

Question:

180 Mr. Ellis asked the Minister for Justice, Equality and Law Reform if his Department would complete dealing no D2003WS012236J in the name of a person (details supplied) in County Leitrim. [13799/04]

I am informed by the Registrar of Titles that this is an application under section 49, i.e. acquisition of title by virtue of long possession, of the Registration of Title Act 1964, which was lodged on 11 December 2003. Dealing number D2003WS012236J refers.

I understand that due to their complicated nature, applications under section 49, which require detailed examination of claims for registration as owners, can take some time to process. I am further informed that this application is associated with an application for a duplicate land certificate which was lodged on 22 December 2003. Application No. S2003WS002034M refers. I am also informed that the duplicate land certificate application is dependent on the completion of D2003WS012236J which was lodged prior to S2003WS002034M. I am further informed that queries, in relation to dealing number D2003WS012236J, issued to the lodging solicitors on 24 February 2004 and that application cannot proceed until these queries have been satisfactorily resolved. However, I can assure the Deputy that, on receipt of a satisfactory reply, the matter will receive further attention in the Land Registry.

Child Care Services.

Mary Upton

Question:

181 Dr. Upton asked the Minister for Justice, Equality and Law Reform when the EOCP review will be completed; when the outcomes will be announced; and if he will make a statement on the matter. [13848/04]

The Equal Opportunities Childcare Programme 2000-2006, or EOCP, is a seven year development programme, the progress of which was commented upon very favourably by the mid-term evaluators of both the regional operational programmes and the National Development Plan 2000-2006. Expenditure under the programme covers the period to end 2007 and must take place in a planned manner, as must grant approvals, to ensure that the programme can meet its financial commitments at all times.

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 and support capital developments in the private child care sector. ADM, on behalf of my Department, is currently carrying out an extensive review of the programme's capital commitments to date, numbering over 1,100 and at a value of €114 million, to ensure that grant commitments previously entered into will be realised. Projects may be awaiting planning permission or the completion of tender processes before reasonable assurance can be taken that they will proceed and, if they do not, the funding set aside can be decommitted and made available to another project.

In addition, my Department has recently reviewed the different budget lines under the EOCP, including the capital programme, to ensure that the most effective use is made of all remaining funding in accordance with the programme's objectives. Some transfers between measures were recommended and require the approval of the regional assemblies. I expect that this technical process will be completed shortly and that it will bring to at least €157 million the total allocation for the capital development of child care under the present EOCP. This amount includes an element for the administration by ADM Limited of the capital programme. At the same time, an extensive review of child care provision on the ground has taken place to identify obvious service gaps, the filling of which will be a priority using the remaining capital funding which currently amounts to about €35 million.

I intend to allocate the remaining capital funding under this strand of the Government's commitments to child care to address the most immediate service gaps. As a result, all the projects in the pipeline, are being reviewed again by ADM Limited on the basis of geographical need, the range of services being offered and the capacity of the groups to complete a project before the end of the programme. Those projects which best meet the criteria will receive priority. The review process will be repeated as necessary to maximise the benefits deriving from this phase of the EOCP. The day to day administration of the EOCP is undertaken by Area Development Management Limited, which has been engaged by my Department to carry out thorough assessments against the programme criteria 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. On completion of the assessment process, applications are 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.

The current review of the applications in the pipeline will be concluded as speedily as possible to facilitate the development of additional child care places at the earliest opportunity and to ensure that the funding is drawn down in the planned manner I referred to earlier before the end of 2007. I do not doubt but that the success of the present strand of the EOCP and the need to continue to make child care available to support the child care needs of our still growing work force will support my case for ongoing capital and current funding from Government for this key sector. Indeed, should any additional funding become available before the end of the present national development plan, I would expect that the programme would again benefit from transfers.

Mary Upton

Question:

182 Dr. Upton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the child care crisis in an area (details supplied); if his attention has further been drawn to the hardship that is arising as a consequence of totally inadequate facilities in the area; if his attention has further been drawn to the growing young population in the area; if his attention has further been drawn to the large number of children currently awaiting child care places; and if he will make a statement on the matter. [13849/04]

The Equal Opportunities Childcare Programme 2000-2006 has made grant assistance available to a number of projects in the immediate Ballyfermot-Cherry Orchard area, amounting to almost €2.8 million, which will, when fully drawn down, create 249 new child care places and support a further 121 existing places. Substantial funding has also gone into the surrounding areas. I understand that an application has been received from a group based in the area in question for a substantial capital grant of over €2.6 million and an associated staffing grant and is going through the appraisal process as are a number of other large-scale capital projects in Dublin 10.

The day to day administration of the Equal Opportunities Childcare Programme 2000-2006, or EOCP, is undertaken by Area Development Management Limited, which has been engaged by my Department to carry out thorough assessments against the programme criteria of all applications for grant assistance under the programme, on my behalf. All large-scale capital projects, such as this application, are referred by ADM Limited to an independent external building specialist to assess the suitability of the proposal and its value for money.

During the assessment process, issues such as those referred to by the Deputy are considered as they form part of the criteria used in assessing projects under the programme. I would also add that the city and county child care committees, which were established, inter alia, to assess the child care needs in their respective areas, are also consulted on project applications. I am also very much aware that participation in or preparation for employment is an important step towards social inclusion and self-reliance for persons who may have ended their formal education before achieving a school certificate and therefore social disadvantage is another key element of the EOCP, which makes grant assistance available towards the staffing costs of many community based child care facilities providing child care for disadvantaged families.

On completion of the assessment process, applications are 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. It would be premature of me to comment further on a specific application for grant assistance at this time.

Citizenship Applications.

Mary Upton

Question:

183 Dr. Upton asked the Minister for Justice, Equality and Law Reform if he will give an update on an application for refugee status for a person (details supplied). [13850/04]

I understand the Deputy's question refers to an application for naturalisation and not an application for refugee status.

An application for naturalisation was received in the citizenship section of my Department from the person concerned on 13 May 2003. Such applications are currently taking approximately 18 months to process. Consequently, it is likely that the application of the person concerned will be finalised in late 2004.

As soon as I have reached a decision on the matter I will inform both the applicant and the Deputy of the outcome.

Tribunals of Inquiry.

Jim O'Keeffe

Question:

184 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if files or documentation from his Department or from the Garda Síochána relating to allegations made by a person (details supplied) have been released to the Mahon Tribunal; and if he will make a statement on the matter. [13865/04]

I can confirm that both my Department and the Garda Síochána have co-operated, and will continue to co-operate, fully with the tribunal in terms of the provision of documentation required by it.

Courts Service.

Jim O'Keeffe

Question:

185 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position in relation to wards of court; and if he has proposals to reform the system. [13866/04]

I am advised that the Courts Service, mindful of the need for a comprehensive reform of the law relating to the protection of intellectually incapacitated individuals, and in the context of a relevant consultation paper published by the Law Reform Commission last year, is currently engaged in a review of the operation of the wardship jurisdiction. I will consider any proposals for changes in legislation within my area of functional responsibility which emanate from the review and from the final report of the Law Reform Commission.

Crime Prevention.

Gay Mitchell

Question:

186 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the reason drug dealing is openly taking place in parts of Dublin (details supplied); if his attention has been drawn to the fact that this Deputy has been making representations regarding this matter; his views on these concerns; if this practice will not be tolerated; if he will take steps to ensure that the necessary resources are available to address this issue; and if he will make a statement on the matter in view of the fact that it involves the area concerned. [13867/04]

I am informed by the Garda authorities that the area referred to is prioritised daily for high visibility policing to deal specifically with drug dealing. The high visibility policing consists of patrols by both the uniform and detective personnel, the district drugs unit, the divisional crime task force, the special resource unit, the Garda mountain bike unit and the community policing unit.

A local Garda management initiative named Operation Viking, which was specifically designed to deal with drug dealing in the area referred to continues to be implemented and many notable successes have been achieved which have resulted in the seizure of drugs and the arrest of offenders. I am further informed by the Garda authorities that strategies for tackling drug dealing are kept under review and are constantly being tailored to meet given circumstances. I am further advised that local Garda management considers that resources available to deal with drug dealing in the area in question are satisfactory.

Citizenship Applications.

Pat Carey

Question:

187 Mr. Carey asked the Minister for Justice, Equality and Law Reform if the processing of the application for naturalisation by a person (details supplied) in County Dublin will be completed; and if he will make a statement on the matter. [13901/04]

As I indicated in response to Question No. 515 of 16 December 2003, an application for naturalisation had been received from the person concerned on 11 February 2003. It is anticipated that processing of the application will be completed in the latter half of 2004.

Visa Applications.

Bernard J. Durkan

Question:

188 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if an application for a visitor visa will be considered in the case of a person (details supplied); and if he will make a statement on the matter. [13902/04]

My Department has no record of having received visa applications from the persons named in the details supplied by the Deputy. The Deputy should forward the reference numbers of the visa applications in question to the immigration division of my Department in order to enable a check on the status of the applications in question.

Garda Operations.

Joe Higgins

Question:

189 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the cost of the security operation in Dublin on the May Day weekend 2004. [13914/04]

I would refer the Deputy to my reply to Question No. 47 of 5 May 2004.

Joe Higgins

Question:

190 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the cost of the fencing erected in the Phoenix Park in relation to the May Day 2004 visit of EU leaders. [13915/04]

Joe Higgins

Question:

191 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the reason it was necessary to spend public funding on security fencing in the Phoenix Park when the whole park was completely sealed off by the security forces. [13916/04]

I propose to take Questions Nos. 190 and 191 together.

I am informed by the Garda authorities that the erection of fencing in strategic locations inside and around Phoenix Park was a necessary element of the overall policing plan for the events of the May Day weekend. I am further informed that an estimate of the costs associated with erecting the fencing in question is not yet available.

Garda Equipment.

Joe Higgins

Question:

192 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the person who supplied the Garda with the two water cannons used on May Day 2004 in the Ashtown area. [13917/04]

Joe Higgins

Question:

193 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the nature and details of any agreement with the suppliers of the water cannons to the Garda Síochána including whether they were purchased or leased or loaned; the location of the two water cannons now; and if it is intended to acquire such apparatus on a permanent basis. [13918/04]

Joe Higgins

Question:

195 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform when negotiations began with the suppliers of the water cannons used by the Garda in the Ashtown area on May Day 2004; and when a decision was made to acquire the apparatus. [13920/04]

I propose to take Questions Nos. 192, 193 and 195 together.

I have been informed by the Garda authorities that in April 2004, in considering the range of tactical options available through co-operation on public law and order to ensure the safety of the public in dealing with unruly protests, the Garda Commissioner entered into a service level agreement for the loan of two water cannons from the Police Service of Northern Ireland. The water cannons were procured for the period 18 April 2004 to 5 May 2004, inclusive, and have since been returned.

I have been further informed that the Garda Síochána will assess the operational requirements for water cannons on an ongoing basis.

Joe Higgins

Question:

194 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the person who gave the order to use water cannons in the Ashtown area on May Day 2004; and the reason this decision was made when the situation clearly did not warrant such a disproportionate response. [13919/04]

I am informed by the Garda authorities that the decision to use water cannons on May Day 2004 at Ashtown was taken by the senior Garda commander at the scene.

The deployment of water cannons was part of a graduated Garda response to unfolding events. The water cannons were deployed following physical injury to a garda and continuous attacks on the Garda cordon.

Question No. 195 answered with QuestionNo. 192.

Joe Higgins

Question:

196 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform if Garda personnel operated the water cannons used in the Ashtown area on May Day 2004; and the persons who trained the operators. [13921/04]

I have been informed by the Garda authorities that the water cannons in use in the Ashtown area on 1 May 2004 were operated by members of the Garda Síochána. I have been further informed that a total of 19 members of the Garda Síochána received training in the tactical command and use of water cannons from the Police Service of Northern Ireland.

Garda Deployment.

Joe Higgins

Question:

197 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the number of gardaí deployed in Killarney for the rally of the lakes; and the number of gardaí deployed in the Ashtown area on May Day. [13922/04]

The Garda authorities are responsible for the detailed allocation of resources, including personnel. They have informed me that the Rally of the Lakes took place over a three day period at locations in Kerry and west Cork divisions. It is not Garda policy to disclose the number of personnel on duty in a particular area at any given time for security and operational reasons.

Public Order Offences.

Joe Higgins

Question:

198 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the number of persons arrested as a result of alleged public order incidents in Killarney on the occasion of the Rally of the Lakes; and the number of persons arrested as a result of alleged public order incidents in the Ashtown area on May Day. [13923/04]

I am informed by the Garda authorities that there were 43 arrests under the Public Order Acts in Killarney between 6 a.m. on 30 April and 6 a.m. on 3 May. There were 29 persons arrested as a result of alleged public order incidents in the Ashtown area on May Day.

Garda Deployment.

Joe Higgins

Question:

199 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the number of gardaí deployed in the proximity of the Liffey Quays and Heuston Station on the occasion of a march by a group (details supplied); and if any alleged public order incidents or arrests took place. [13938/04]

It is not Garda policy to disclose the number of Garda personnel on duty in an area at any given time for security and operational reasons. There were no public order incidents or arrests connected to the march by the group.

Joe Higgins

Question:

200 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the number of gardaí drafted into Dublin from outside the Dublin area for the May Day weekend. [13939/04]

I am informed by the Garda authorities that the total number of gardaí drafted into Dublin was 2,514.

Nuclear Plants.

Bernard J. Durkan

Question:

201 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the details of the most recent response from the authorities at Sellafield to his requests for the closure of the plant or the elimination of the threat of pollution. [13879/04]

I refer the Deputy to my reply to Questions Nos. 143 and 147 of 3 February.

Ongoing contact through correspondence and meetings at ministerial, official and expert level is being maintained with the UK authorities on a range of issues at the nuclear plant. The contacts are productive and reflect an increasing recognition by the UK Government of the serious concern held by the Irish Government on Sellafield. There remains a significant difference of views between the Irish and UK Governments regarding the continued operation of the plant.

In accordance with the commitment in An Agreed Programme for Government, our policy is to bring about the safe closure of Sellafield. Our concern is based on the potential hazards arising from a nuclear accident or incident, the impact of radioactive discharges on the marine environment, the generation, management and disposal of radioactive waste and the risk posed by the associated transport of radioactive materials through the Irish Sea. The UK Government's response to our concern is that radioactive discharges from Sellafield pose no threat to human health or the environment and the nuclear plant and related transports are safe and secure. It also believes that the legacy wastes arising from its nuclear programme are being addressed through the establishment of the nuclear decommissioning agency.

Recently the UK authorities announced a 90% reduction in the discharge of Technetium 99 into the Irish Sea from Sellafield. Ireland and Norway formulated strong objections to the radioactive metal. We have co-operated effectively at meetings of the OSPAR Commission in this regard. The reduction in radioactive discharges is a significant step but the continued practice is a matter of serious concern. The Government will continue to campaign at all levels for the complete cessation of all discharges from Sellafield into the Irish Sea and for the safe closure of the nuclear plant.

Pension Provisions.

Paul Nicholas Gogarty

Question:

202 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government if building inspectors employed by local authorities are entitled to added years service in the calculation of their retirement pensions in the same way as other grades such as architects. [13161/04]

The local government superannuation scheme provides for the grant of added years for superannuation purposes to certain professional, technical and specialist grades, subject to specified conditions being met. It is not possible to advise whether building inspectors are entitled to added years under the scheme as their grading and employment status varies between local authorities. Clarification of whether an employee qualifies for added years under the scheme may appropriately be sought from the employing local authority.

Traffic Calming Measures.

Cecilia Keaveney

Question:

203 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government his views on a claim that his Department provides funds for traffic calming measures only when all other measures, including speed limit enforcement, have failed, and a high rate of serious accidents have been officially recorded. [13751/04]

The provision of traffic calming measures on non-national roads is a matter for the relevant local authority. They may use their own resources, as supplemented by grants from my Department, to fund such works.

In 2004, my Department allocated almost €2.8 million to local authorities in respect of low cost safety improvement works on non-national roads. The National Roads Authority assesses applications for grant assistance under the scheme on behalf of my Department. The approval criteria includes accident data, inspection of sites and evidence of locations showing demonstrable hazard. Examples of the types of works that may be carried out include road signage and works for improved vision at junctions.

In 2004, traffic management grants totalling €6.683 million were allocated to city councils. The scheme is primarily intended to assist the provision of urban traffic management schemes. Eligible works also include the provision of traffic calming measures in residential areas subject to the approval of my Department.

In 2004, a sum of €22 million was allocated for discretionary improvement grants. They may also fund traffic calming measures. A local authority is responsible for distributing these funds.

Housing Grants.

John Perry

Question:

204 Mr. Perry asked the Minister for the Environment, Heritage and Local Government when the necessary funding will be allocated to ensure that a person (details supplied) can proceed. [13795/04]

On 19 April my Department gave approval to Sligo County Council to accept a tender for the construction of the house referred to.

John Perry

Question:

205 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if he will make a decision on correspondence received. [13796/04]

On completion of works outstanding, a further inspection together with an assessment of the costs will be undertaken with a view to issuing a certificate of reasonable cost.

Local Authority Housing.

Sean Fleming

Question:

206 Mr. Fleming asked the Minister for the Environment, Heritage and Local Government the number of statements of pre-planning understandings, for compliance with Part V of the Planning and Development Act 2002 as amended by the Planning and Development (Amendment) Act 2002, signed to date based on the most recent information available and by local authority. [13810/04]

Sean Fleming

Question:

207 Mr. Fleming asked the Minister for the Environment, Heritage and Local Government the number of final agreements, for compliance with Part V of the Planning and Development Act 2000 as amended by the Planning and Development (Amendment) Act 2002, signed and sealed, based on the most recent information available and by local authority and in tabular form. [13894/04]

I propose to take Questions Nos. 206 and 207 together.

Part V of the Planning and Development Acts 2000-02 requires, as a condition of a grant of planning permission for residential development or a mixture of residential and other developments, that the developer enter into an agreement with the planning authority on the provision of social and affordable housing. In guidance issued by my Department on the operation of Part V, authorities were encouraged to develop policies for its implementation locally and to engage in pre-planning consultations with developers. This ensured that all parties had a common understanding of the nature of the Part V agreement, the finalisation of which would be included as a condition of planning permission if granted. It was also suggested that authorities might find it useful to agree in writing the outcome of such discussions.

In monitoring the operation of Part V my Department collects various data from local authorities. It relates generally to numbers of units delivered, numbers in progress and numbers proposed on foot of agreements entered into, on a local authority basis. This is the most meaningful data to compile. My Department does not have information on the number of final agreements and statements of pre-planning understandings, if any, negotiated between local authorities and developers.

The most recent published information on activity, under Part V of the Planning and Development Act 2000, as amended, is contained in my Department's 2003 annual housing statistics bulletin, copies of which are available in the Oireachtas Library.

Water and Sewerage Schemes.

Noel Grealish

Question:

208 Mr. Grealish asked the Minister for the Environment, Heritage and Local Government the status of the Clarinbridge water supply scheme; and if he will review the matter. [13912/04]

The Tuam regional water supply scheme extension to Clarinbridge is included in my Department's Water Services Investment Programme 2004-2006 to start construction in 2005. My Department is considering its contract documents and they will be dealt with as quickly as possible.

Harbours and Piers.

Michael D. Higgins

Question:

209 Mr. M. Higgins asked the Minister for Community, Rural and Gaeltacht Affairs if he is aware of the need for the construction of an area immediately surrounding a recently built pier in Cashel, County Galway, and that it is not large enough to cope with the number of boats using it; and if a small grant can be provided to improve the pier. [13877/04]

I assume that the Deputy is referring to Damhros Pier, Cashel. On receipt of an application from Galway County Council under the small piers scheme operated by my Department in the Gaeltacht, I sanctioned a grant of €52,500 or 75% of the cost for the county council in 2003. It went towards various improvement works at the pier and on the access road. The county council has primary responsibility for its maintenance and development. I was recently contacted about it. I gather that the local people are pleased with the work done.

When I became Minister of State in 1997 I instituted a re-organisation of pier works. A small number of key piers in each maritime Gaeltacht county was selected for major development and a small works programme. A large number of piers were improved.

The pier in question will be considered, along with all other piers, when further allocations are made under the small piers programme. There are a large number of applications. When making a decision consideration must be given to such issues as the urgency of the work, safety requirements, whether a pier has been grant aided previously and the costs involved.

Social Welfare Benefits.

Trevor Sargent

Question:

210 Mr. Sargent asked the Minister for Social and Family Affairs if she knew that when a person in receipt of a disability payment is admitted to hospital for depression their payment is stopped; and whether the measure causes hardship to the patient and their carer because many of the needs of the patient, previously paid for by the allowance, are no longer met and there is an extra burden of paying travel expenses for a carer to visit the patient. [13730/04]

Under the current arrangements, payment of disability allowance is not affected where the recipient goes into hospital or residential care, whether on a short-term or long-term basis.

A person providing full-time care and attention to a recipient of disability allowance may receive the carer's allowance. It may be affected if the person requiring such care must go into hospital or another residential care facility.

A carer can continue to be regarded as providing full-time care and attention where the person requiring the care is undergoing medical treatment in hospital or another institution for a period of up to 13 weeks in any one year. This measure enables a disabled person to undergo medical treatment of a short-term nature without affecting the entitlement of the person caring for them. It also affords carers the opportunity to make the necessary arrangements to return to work or apply for a more appropriate income support payment where they are no longer required to provide full-time care and attention because the disabled person must remain in hospital or residential care in the long term.

Michael Ring

Question:

211 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will receive payment of carer’s benefit. [13852/04]

On 23 March the person applied for carer's benefit. Its principal conditions are that full-time care and attention is required and being provided and certain PRSI contributions are satisfied. Her application was refused on the grounds that full-time care and attention was not deemed to be required. On 5 May she was notified of the decision, the reasons for it and of her right to lodge an appeal with the social welfare appeals office.

Under social welfare legislation decisions on claims must be made by deciding officers and appeals officers. They are statutorily appointed and I have no role in regard to making such decisions.

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