Vol. 586 No. 6
10 Mr. Sherlock asked the Minister for the Environment, Heritage and Local Government his plans for the proposed national fire authority; when it is likely to be established; if it will be statutorily based; and if he will make a statement on the matter. [16522/04]
I recently announced my intention to advance a modernisation and change agenda for the local government fire, rescue and emergency services. The objective, which takes account of the conclusions and recommendations of the report of the review of fire safety and fire services, is to deliver a safer society through reducing death and injury, damage to property, and other social and economic costs arising from fire and other emergencies.
As a key element of this agenda, I have indicated my wish to bring firm proposals to Government to seek the establishment of a national fire services authority to develop and manage a new modernised fire and rescue service. This authority would be the overarching body for fire services in Ireland. I have made it clear that to deliver this national authority, the Government will need to see positive and verifiable commitment and progress by all stakeholders in delivering change.
I had a constructive meeting with a number of key fire service stakeholders on 10 May 2004 to elaborate on my proposals for the future direction of the fire service and to indicate what action is needed from all parties to deliver this modernisation and change programme. An initial position paper for delivery of this agenda has issued for stakeholder views and I have arranged a further meeting for 17 June next to continue this engagement with stakeholders.
I intend, as an interim, step to mandate the Fire Services Council to become the lead agency to co-ordinate this change process pending the establishment of a national authority. The functions of the council will be expanded using existing statutory powers as recommended in the review report, with the option of primary legislation to be considered in the medium to longer term future when the new regime is sufficiently developed.
New staff will be appointed to the Fire Services Council to co-ordinate and drive an expanded work programme. This will also include secondments from the local government sector to enhance the technical support available as well as consultancy expertise as required.
Continuing major capital investment in the fire service, including the allocation of €19 million this year and approval to a further 13 new fire stations and 23 additional appliances announced last week, is an indication of my commitment to the service; the improved infrastructure being provided will also support the delivery of this change agenda.
11 Ms McManus asked the Minister for the Environment, Heritage and Local Government if in regard to his statement at the recent launch of the annual report of the Environmental Protection Agency, the steps he plans to take to deal with creeping criminality in waste disposal; and if he will make a statement on the matter. [16509/04]
39 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government the investigation that has been held into allegations of widespread illegal dumping of waste from the Republic in Northern Ireland; and if he will make a statement on the matter. [16514/04]
I propose to take Questions Nos. 11 and 39 together.
Since taking up office, I have assigned high priority to securing better enforcement of the waste code. There can be no excuse for illegal waste activities, irrespective of whether they take the form of illegal dumping within the State or the illegal exportation of waste to another jurisdiction. While I am not in a position to comment on individual cases of suggested illegal waste dumping activities in this jurisdiction, I wish to outline to the House details of a number of important initiatives I have taken in relation to enforcement generally.
First, I took the opportunity of the Protection of the Environment Act 2003 to provide new enforcement powers and to increase the maximum fines for contraventions of the waste code. Conviction on indictment for an offence under the Waste Management Acts now carries a maximum fine of €15 million, as well as a term of imprisonment of up to ten years.
Second, I have recognised the need for improved structural arrangements to underpin the enforcement effort. I announced last October the establishment of a new Office of Environmental Enforcement, OEE, located within the Environmental Protection Agency. While it has a wide remit, the OEE, at my request, is focusing on waste-related enforcement activities in its early stages and is already operational in this area. In particular, the OEE is about to initiate a comprehensive study to try better to quantify the scale of illegal activities and I have made a commitment to introduce further enforcement initiatives that may be necessary on foot of the outcome of this study.
Third, I have acknowledged the importance of providing additional resources to underpin the waste enforcement effort. In that regard, I have allocated €7 million from the environment fund to support the first year of a major five year programme of local authority waste enforcement activities. The aim is to provide a stronger and more visible local authority enforcement presence on the ground and to ensure more frequent inspections and speedier responses to reported instances of illegal dumping.
As regards reported incidences of illegal cross-Border dumping in Northern Ireland, I discussed this issue at some length at a meeting less than two months ago with my counterpart at the Northern Ireland Office, Ms Angela Smith, MP. On foot of these discussions, a high level meeting was held on 21 May 2004, involving representatives from my Department and the Department of the Environment in Northern Ireland, as well as from local authorities North and South, the Office of Environmental Enforcement, the Garda Síochána, the Police Service of Northern Ireland and the respective customs services. At this meeting, useful discussions took place, particularly in relation to the scope for securing better inter-agency co-operation on enforcement. I am confident that this engagement, which will continue on an ongoing basis, will yield more effective enforcement operations in the short term.
I assure the House that the relevant authorities in this jurisdiction will continue to co-operate actively with the authorities in Northern Ireland with a view to dealing effectively with the illegal cross-Border waste movements issue.
13 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government if he has completed his consideration of the results of the research he has commissioned from Goodbody Economic Consultants into the ownership or control of building land in certain developments area, particularly Dublin, to determine whether current practices are retarding the overall delivery of building land or impeding long-term market stability; when the results of the research will be published; and if he will make a statement on the matter. [16496/04]
32 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if he has considered the report of the All-Party Committee on the Constitution on property rights; if his attention has been drawn to the findings of the committee that legislation can be introduced to cap the price of building land without the requirement for a constitutional amendment; if he intends to introduce legislation to give effect to this recommendation; and if he will make a statement on the matter. [16495/04]
42 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government if he will implement the recommendation of the ninth progress report of the Oireachtas All-Party Committee on the Constitution in which local authorities should be given the power to compulsorily purchase land required for housing at existing use values plus 25%; and if he will make a statement on the matter. [16600/04]
I propose to take Questions Nos. 13, 32 and 42 together.
I refer to the reply to Priority Questions Nos. 3 and 5 of today's date.
14 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government the latest information available to his Department on the progress made with the vitrification of the highly active liquid waste stored at the Sellafield complex; when it is estimated that the process will be completed; and if he will make a statement on the matter. [16528/04]
The vitrification plant at Sellafield, which came into operation in 1991 with two vitrification lines, encapsulates the liquid high level radioactive waste held in storage tanks at Sellafield into glass blocks. This is a more stable form for storage and reduces the risk of leakages and subsequent radioactive contamination of the environment.
Given the technical problems with the vitrification plant, throughput performance has been well below that expected. A third vitrification line, aimed at increasing vitrification capacity, is currently at the final stages of commissioning and is scheduled to commence operations by the end of June 2004.
In January 2001, BNFL was directed by the UK Health and Safety Executive's Nuclear Installations Inspectorate to reduce, by way of vitrification, the amount of liquid waste in the storage tanks to a small buffer stock volume by July 2015. The Radiological Protection Institute of Ireland, RPII, has been advised by the UK Nuclear Installations Inspectorate that despite the ongoing problems with the existing vitrification lines, the July 2015 target date is achievable. The RPII has asked the NII to keep the RPII regularly updated on progress in relation to vitrification.
The RPII and the Government are concerned about the continuing storage of this highly active waste in liquid form in tanks at Sellafield and have been pressing, and will continue to press, the UK authorities to accelerate the rate of vitrification. This liquid waste arises from the reprocessing operations at Sellafield. As such, the need for vitrification will ultimately cease when the production of the liquid waste also ceases. The Government will, therefore, continue to use available avenues, both diplomatic and legal, to bring about an end to reprocessing operations at Sellafield.
15 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if he will draw up a plan and advise potato growers, in particular, on the way in which to dispose of or re-utlilise many large synthetic seed potatoes bags which are being piled in the corner of certain fields and burned in the absence of advice from his Department. [14835/04]
The Waste Management Acts 1996 to 2003 place a general duty of care on the holders of waste to ensure that it is disposed of in a manner which does not cause environmental pollution. In addition, under the Air Pollution Act 1987, the occupier of any premises or land is prohibited from causing or permitting an emission in such a quantity or manner as to be a nuisance. The enforcement of waste and air pollution legislation is primarily a matter for the relevant local authority and my Department has no direct function in the matter. However, as part of the Race Against Waste campaign, I am considering ways in which better awareness about the issues surrounding the uncontrolled burning of waste can be created.
I am aware of the increasing replacement of paper packaging with plastic in the agricultural sector, particularly in the areas of animal feed and vegetable packaging. Article 18 of Directive 94/62/EC on packaging and packaging waste prohibits member states from impeding the placing on the market of packaging that satisfies the provisions of the directive, that is, which is in accordance with the essential requirements specified in annex II of the directive as to the composition and reusable and recoverable nature of packaging.
In accordance with the principle of producer responsibility, measures are required to ensure that systems are set up to provide for the return and/or collection of used packaging, and for the reuse or recovery, including recycling, of the packaging waste collected, to assist in meeting the packaging waste recovery and recycling targets set for Ireland in Directive 94/62/EC. Producer responsibility initiatives already operate in the areas of packaging waste and farm plastics waste, that is, Repak in the case of packaging waste and Irish Farm Film Producers' group in the case of farm plastics, for example, silage bale wrap and sheeting. In these cases, producers are required to take steps to recover waste or alternatively to contribute to, and participate in, compliance schemes set up to recover the waste in question.
I am anxious to build on the success of the farm plastics scheme and my Department will, in consultation with relevant stakeholders, look at ways in which recovery and recycling in this sector can be further developed.
16 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government his view of the report of the Standards in Public Office Commission into the operation of the Electoral Act; his views on the argument made by the Commission that there is no case for increasing spending limits for general elections and its warning of the dangers of increasing donation limits; the position with regard to his review of the Electoral Act 1997; and if he will make a statement on the matter. [16513/04]
I am considering the report from the Standards in Public Offices Commission entitled, Review of the Electoral Acts 1997 to 2002, which the commission prepared at my request. The report provides a valuable input to the review of the Electoral Act 1997 which is in progress in my Department. I do not propose to comment on individual contributions to this process pending the wider intended consultation on the issues involved and the development of proposals for consideration by the Oireachtas.
17 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the position regarding the commitment made in Sustaining Progress that 10,000 houses would be constructed during the term of the programme. [16452/04]
The affordable housing initiative under the Sustaining Progress partnership agreement is designed to meet the needs of persons currently priced out of the housing market. In response, the Government has committed to an ambitious scale of delivery of affordable housing through this initiative and the provisions of Part V of the Planning and Development Act 2000, as amended.
Considerable progress has been made on this initiative. First, the identification of sites for the initiative last July and December has been a critical step in ensuring early mobilisation of affordable housing for the initiative. There are now 24 individual projects on the lands identified to date for the initiative. Together with affordable housing coming through Part V arrangements, the sites so far identified have the potential to deliver 6,100 housing units. The fact that these sites are being released by both local authorities and a range of other State authorities indicates the broad commitment at Government level to facilitate the earliest delivery of housing at affordable prices.
Second, working with the parties to the pay agreement we have developed a delivery model which builds upon the existing expertise of local authorities, while at the same time ensuring that there is no impact on general Government finances, as this is one of the parameters set by the agreement. The housing will, therefore, be delivered through arrangements between local authorities and the private sector. Third, we have agreed, in principle, eligibility criteria with the parties to the pay agreement subject to further discussions on the detail.
The first affordable housing initiative project on State or local authority lands commenced in April on the site in Finglas Road and will deliver 150 plus affordable residential units. The timescale for delivery and the precise number of units to be delivered on each of the other sites is being determined in planning the projects. There are 24 projects involved, and they vary in terms of key site characteristics such as zoning status and servicing. Allowance must also be factored in for the procurement of specific developers to deliver the projects through competitive tendering and for obtaining planning permission. These processes, while involving a time element, are necessary to ensure the effective delivery of housing and the creation of housing in good quality environments. We will parallel activities as necessary to ensure early delivery of units.
The contact group on the affordable housing initiative, which is chaired by the Department of the Taoiseach, and comprises representatives of my Department and the Department of Finance and the Central Statistics Office plays an important role in ensuring the effective implementation of the initiative. Its work includes overseeing the effective and early implementation of the projects already identified, addressing any policy issues arising in implementing the initiative within the parameters of the agreement and continuing with the process of identifying State lands for use in the initiative. The services of Mr. Des Geraghty, former President of SIPTU, have also been engaged to assist with the initiative. Furthermore, an implementation team within my own Department and project managers at local level are all working to ensure the success of the initiative.
Considerable work has been done to date on the initiative, the fruits of which will emerge during this year and into the future as projects are brought to the market, and further work on implementing the initiative is progressing as a priority. This is firm evidence of the Government's determination to making measurable progress in the implementation of the initiative. We will also work to ensure that the output from all affordable housing schemes is maximised while ensuring the continuation of measures to maintain the overall supply of new houses.
18 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government the action he intends to take arising from his Department’s annual housing statistics bulletin which showed that the price for new and second hand houses was rising at about eight times the rate of inflation and that house buyers were forced to borrow €17 billion in 2003 to finance the purchase of housing; the steps he intends to take to ensure that families can have access to affordable housing; and if he will make a statement on the matter. [16499/04]
33 Ms Burton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent Permanent TSB housing survey which showed that the cost of new houses was rising by 12.9% per annum; the steps he intends to take to ensure that families can afford housing; and if he will make a statement on the matter. [16498/04]
60 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government to state in respect of 1997 and the latest year for which figures are available; the average cost of a new house in Dublin, a second hand house in Dublin; a new house outside of Dublin, a second hand house outside of Dublin; the plans he has to ensure availability of affordable housing, in view of the recent surveys showing that house prices are continuing to rise; if he will give his estimate of the likely increase in house prices during 2004; and if he will make a statement on the matter. [16497/04]
I propose to take Questions Nos. 18, 33 and 60 together.
The unprecedented demand for housing, fuelled mainly by rapid economic growth and demographic changes, has been the major driver of house price increases in recent years. The Government's strategy is to increase housing supply to meet demand and to improve affordability, particularly for first time buyers, and in this way to seek to bring moderation to house price increases.
There is clear evidence that the measures introduced by this Government to boost supply, including significant investment in infrastructure, improving planning capacity and promoting increased residential densities, are having effect. The year 2003 was the ninth record year for house completions, with 68,819 units completed, an increase in output of 19.3% on 2002 and an increase of 10.5% in output in the greater Dublin area during the same period. Ireland is building at the fastest rate in Europe — 17 houses per 1,000 population, which is an outstanding achievement. The investment in the servicing of land has led to a strong stock of land available for residential development.
While the rate of house price increases is still problematic, this has moderated considerably since the late 1990's when price increases peaked at 40% per annum in 1998. Detailed information on house prices are set out in my Department's housing statistics bulletin, copies of which are available in the Oireachtas Library. A number of market commentators, including the Central Bank, are now predicting greater balance in the housing market over the next few years, as increased supply has a dampening effect on house prices. Indicative data available to the Department shows that first-time buyers continue to have a significant presence in the housing market. The Government will continue to focus on measures to maintain a high level of housing supply, and the prospects for another good year in the housing sector are positive, as trends in house completions have continued to increase in the early part of this year.
At the same time, the Government is concerned to ensure that the broad spectrum of housing needs is met. Almost €5.32 billion was spent in the first four years of the NDP on social and affordable housing measures, which is more than 10% ahead of the forecast for the period, reflecting the strong commitment of the Government to continue to meet the needs of low income groups and those with social and special housing needs. The year 2003 had the highest level of housing provision under the full range of social and affordable housing measures for over 15 years, the needs of over 13,600 households were met compared to almost 8,500 in 1998, ensuring that the needs of low income groups and those with social and special housing needs are addressed.
The Government is committed to continuing with measures to boost the supply of housing and ensuring that the demand for housing is met in a sustainable manner and we will continue to monitor and review housing developments and policies as necessary.
19 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government if the remaining river basin district plans, including the cross-Border basins, are on course for implementation in 2004 as stated in the report, Ireland’s Environment 2004. [16611/04]
The EU water framework directive is being implemented in accordance with the timescales specified by the directive. The first implementation deadline occurred on 22 December 2003 and related to the transposition of the directive into national law, the establishment of river basin districts and the identification of the competent authorities. These tasks were completed by the specified date. Work is underway by my Department, the EPA, local authorities and other bodies, in association with the appropriate authorities in Northern Ireland, for the timely delivery of all tasks specified for completion in 2004, and subsequently in relation to all river basin districts, including the adoption of river basin management plans as required by 2009.
20 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if it is intended to extend the right to vote to prisoners serving sentences in view of the recent ruling of the European Court of Human Rights; and if he will make a statement on the matter. [16519/04]
29 Mr. Costello asked the Minister for the Environment, Heritage and Local Government the action he intends to take arising from the recent decision of the European Court of Human Rights that prisoners should not automatically lose the right to vote; and if he will make a statement on the matter. [12660/04]
49 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the steps he intends taking to introduce voting rights to those in custody as part of his obligations under the European Convention on Human Rights; and if he will make a statement on the matter. [12730/04]
I propose to take Questions Nos. 20, 29 and 49 together.
A person in legal custody may be registered as an elector and such persons are deemed to be ordinarily resident in the place where they would have been residing but for their detention. While there are no arrangements in place to allow persons in custody who are on the electoral register to exercise their franchise, a prisoner on temporary release may do so. The implications of the recent decision of the European Court of Human Rights for voting arrangements for prisoners are being considered by my Department in conjunction with the Department of Justice, Equality and Law Reform and the Office of the Attorney General.
21 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government the position with regard to the promised regulations concerning end-of-life-vehicles; when the regulations will come into operation; and if he will make a statement on the matter. [16516/04]
Member states were required to transpose the provisions of European Parliament and Council Directive 2000/53/EC on end-of-life vehicles, ELVs, into national legislation by 21 April 2002, that is, within 18 months after the adoption of the directive on 21 October 2000. My Department has been actively engaged with the Society for the Irish Motor Industry, SIMI, the Irish Motor Vehicle Recyclers Association, IMVRA, the Metal Recyclers Association of Ireland, MRAI, and other stakeholders since before the adoption of the directive with regard to the effective implementation of the directive.
The delay in transposing and implementing the directive is primarily due to difficulties encountered in reaching agreement with the relevant sectors on the detailed mechanisms for the operation of the free ELV take back arrangements required by the directive, including how such arrangements will be funded.
The legal proceedings initiated by the European Commission against Ireland in this matter relate to partial transposition into national legislation and non-implementation of the directive provisions. In this regard, enabling provisions to facilitate implementation of the directive were incorporated in the Protection of the Environment Act 2003. It is intended to make regulations later this year fully transposing the directive provisions and facilitating its full implementation in 2005.
22 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the action he intends to take in view of the alarmingly high levels of radon in Irish homes; and if he will reintroduce a grant system to assist those wishing to fit radon barriers to their homes. [16603/04]
40 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he intends to provide funding for the radon remediation grant scheme in view of the threat to householders identified in the recent survey of the Radiological Protection Institute of Ireland which found some of the highest concentrations of radon gas ever found in a number of houses surveyed in Castleisland, County Kerry; and if he will make a statement on the matter. [16529/04]
I propose to take Questions Nos. 22 and 40 together.
As previously indicated, it would not be practicable in current budgetary circumstances to provide Exchequer funding for a radon remediation grant scheme in respect of domestic dwellings.
Following the identification in July 2003 of a house in Castleisland with radon concentration levels of approximately 49,000 Bq/m3, the Radiological Protection Institute of Ireland, RPII, undertook a survey of houses in the area. This involved the RPII writing to 2,500 householders in the four national grid squares adjacent to the town of Castleisland advising them to have radon measurements carried out in their homes. Of those, 413 householders, 16%, requested measurements and results, now available for 377 of these, indicated that 52,14%, have radon concentrations above the national reference level of 200 Bq/m3. Six had concentrations above 1,000 Bq/m3. Radon measurements were also completed in respect of 90 local authority homes in Castleisland, none of which were found to have radon concentrations in excess of the national reference level. While some houses have high radon concentration levels, the majority, over 90%, of houses nationwide would have radon concentrations below the national reference level.
The RPII has always advised householders, particularly those living in high radon areas, to have their homes measured for radon, and where necessary has also advised householders to have remediation works carried out. Over the years, the Government, through the RPII, has committed significant resources to assessing the extent of the radon problem throughout the country and to increasing public awareness of radon. During the years 1992 to 1999, the RPII carried out a national survey of radon in domestic dwellings aimed at assessing the extent of the radon problem in homes. The survey involved the measurement by the RPII of radon for a 12 month period in a random selection of homes in each 10 km by 10 km grid square throughout the country. The RPII's website contains a comprehensive map of the high radon areas in Ireland as well as the report of its national survey of radon in homes.
Upgraded building regulations, introduced in June 1997, require all new houses commencing construction on or after 1 July 1998 to incorporate radon protection measures. In February 2002, my Department published a booklet entitled, Radon in Existing Buildings — Corrective Options, advising designers, builders and home owners on remediation options for reducing radon in existing houses to, or below, the national reference level of 200 Bq/m3.
In recent months, the RPII has undertaken several initiatives to further heighten awareness of the radon issue in Ireland. Both the institute and my Department will continue to use all appropriate opportunities to raise public awareness of radon and to encourage householders with radon concentrations above the reference level to undertake remediation works.
23 Dr. Twomey asked the Minister for the Environment, Heritage and Local Government the progress to date on his Departments implementation plans to decentralise his Department to Wexford. [16430/04]
44 Ms Burton asked the Minister for the Environment, Heritage and Local Government the work undertaken to date by the internal implementation team within his Department dealing with decentralisation; if any sites for decentralisation have yet been agreed; if the team has undertaken or plans to undertake any survey to establish the number of persons employed in his Department, in boards or agencies operating under the aegis of his Department which are willing to move to the new locations announced by the Minister for Finance in his budget speech 2003; and if he will make a statement on the matter. [16503/04]
264 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefore; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16853/04]
265 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as accounting officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16868/04]
267 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16898/04]
268 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16913/04]
272 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if the Secretary General of his Department has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long-term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16971/04]
I propose to take Questions Nos. 23, 44, 264, 265, 267, 268 and 272 together.
My Department's decentralisation implementation unit is co-operating actively with the decentralisation implementation group, the Department of Finance and the Office of Public Works in relation to the decentralisation programme announced in budget 2004. My Department is committed to developing innovative approaches to information management, communications and logistics so as to maintain and improve the quality of service to be delivered under decentralised arrangements and to minimise disruption. The unit is also facilitating full and timely communication with staff of the Department on the progress of the decentralisation programme, through the Department's partnership committee and otherwise.
The Office of Public Works is responsible for the selection of suitable sites for Departments' offices and has been in consultation with my Department in relation to the property aspects of the decentralisation programme. The provision of high quality office accommodation will be a primary consideration in the selection of a property in all locations.
My Department considered that a survey of staff would most valuably be undertaken when greater clarification on detailed arrangements was available following, inter alia, publication of the Flynn report on 31 March 2004. In accordance with the report’s recommendations, the Department of Finance has developed an integrated transfer system or central applications facility which allows eligible people in my Department and its agencies to apply for transfer to decentralised locations and rank their preferences for different locations. This system will enable me to determine interest in transferring to the designated locations.
An implementation plan, covering all aspects of the decentralisation process for my Department has been submitted to the decentralisation implementation group. The plan, in particular, incorporates specific risk assessment and mitigation strategies. I will be happy to arrange for the publication of the implementation plan as soon as possible after it has been made available to staff interests. I understand that an implementation plan has also been submitted by the National Building Agency.
In relation to the issue of public financial procedures generally, my Department is fully aware of the requirement in the public financial procedures for accounting officers to ensure that all relevant financial considerations are taken fully into account, in relation to the preparation and implementation of policy proposals relating to expenditure or income. In addition, there is an ongoing awareness in my Department of the type of risks identified in paragraph 6.31 of the report of the working group on the accountability of Secretaries General and Accounting Officers — the Mullarkey Report. I can confirm that these issues are regularly addressed in my Department.
24 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government his views on the fact that the building of municipal incinerators will increase the level of dioxins here, which are cancer causing, in view of the largest amount of airborne dioxins in Denmark comes from incinerators; and if he will make a statement on the matter. [15717/04]
The inventory of dioxin and furan emissions to air, land and water in Ireland for 2000 and 2010 published by the EPA in December 2002, provides a useful indication of the relative significance of various emission sources for dioxins.
In relation to the nine hazardous waste incinerators in operation in Ireland in the year 2000, the report estimated these to have contributed a fraction of 1% of national dioxin emissions to air — tables 1 and 4.2 of the report refer. Even assuming that 1 million tonnes of municipal waste might be managed by way of incineration in 2010, the report projects that dioxin emissions from waste incineration would account for less than 2% of total dioxin emissions to air at that time.
National and EU policy both recognise that thermal treatment, with energy recovery, licensed to the highest environmental standards, has a role to play as one element within the integrated approach to waste management, based on the internationally recognised waste hierarchy. The operation of such facilities in Ireland is subject to rigorous licensing by the Environmental Protection Agency under the Waste Management Acts 1996 to 2003, taking account of the requirements of the EU Incineration Directive which has been transposed into Irish law.
In addition, I draw attention to the report on the Review of Environmental and Health Effects of Waste Management: Municipal Solid Waste and Similar Wastes, which was published recently by the UK Department for Environment, Food and Rural Affairs. The study, inter alia, looked at cancer, respiratory diseases and birth defects and found no evidence for a link between the incidence of the diseases and the current generation of incinerators.
25 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government the position regarding the threat by the EU Commission to take legal action arising from the decision of the Government to introduce a €20 charge for making a submission on a planning application; and if he will make a statement on the matter. [16504/04]
I refer to the reply to Question No. 23 of 29 April 2004. The position is unchanged.
26 Dr. Upton asked the Minister for the Environment, Heritage and Local Government the Government’s views on the recommendations made by the committee on reform of the Seanad, particularly in regard to revised procedures for the election of Members; if it is intended to implement the recommendations in the report; and if he will make a statement on the matter. [16523/04]
The report of the Sub-committee on Seanad Reform was published on 29 April 2004, and its contents are being debated in the Seanad this week. In line with undertakings already given by the Taoiseach, I intend that early consultations will take place with party representatives with a view to assessing further the feasibility of implementing the report's various recommendations.
27 Dr. Upton asked the Minister for the Environment, Heritage and Local Government the position in regard to the proposed nitrates directive; and if he will make a statement on the matter. [16524/04]
30 Dr. Twomey asked the Minister for the Environment, Heritage and Local Government his views on the draft nitrates directive action programme; the role his Department had in drawing up the proposals; and if he can provide evidence that farming is the major pollutant of rivers and water supplies. [16429/04]
I propose to take Questions Nos. 27 and 30 together.
I refer to the replies to Question No. 388 of 25 May 2004 and to Question No. 371 of 1 June 2004. The Government's objective is to secure the optimal and least cost arrangements for compliance with the nitrates directive, thus protecting the interests both of the environment and of those Irish farmers whose activities would be affected.
To that end, the draft action programme, which was issued for public consultation jointly by my Department and the Department of Agriculture and Food last December, is intended to meet the requirements of the directive, as clarified by recent European Court judgments, including the requirement of a general land spreading limit of 170 kg of organic nitrogen per hectare per annum. The submission of the action programme to the European Commission will also allow the Government to seek approval from the Commission for higher land spreading limits, up to 250 kg, in appropriate circumstances. This approach is in the best interests of Irish agriculture, as continued non-compliance with the directive would compromise EU funding for farm support measures. In finalising the action programme, regard is being had to the submissions received and further consultation with the farming bodies will take place.
Irish agriculture generates some 57 million tonnes per annum of organic waste, or 76% of all waste, and there is a strong scientific consensus that this is a major source of inland water pollution in Ireland. This is reflected in research and surveys by the EPA and other bodies, such as Teagasc, over a long period of time and by detailed research carried out in particular areas in the context of catchment-based water management projects, for example, the Derg-Ree project. The conclusion is also consistent with the findings of similar studies in other countries.
28 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if he will bring forward measures to reform and standardise the disabled persons housing grant so that it is applied in a fair and transparent way throughout the State; and if it covers 100% of the actual cost of approved works in line with the recommendation of the Commission on the Status of People with Disabilities. [15573/04]
43 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if he will extent the disabled persons housing grant to cover 100% of the actual cost of building work; if he will put in place standard qualification criteria to apply throughout the State; and if he will make a statement on the matter. [16573/04]
I propose to take Questions Nos. 28 and 43 together.
The review of the operation of the disabled persons grant scheme will be finalised shortly and I will then be in a position to consider the changes which may be required to ensure that the scheme continues to assist those persons in greatest need of such grant assistance.
31 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the steps that are being taken to deal with the serious problem of pollution of ground water from the growth in the number of septic tanks; and if he will make a statement on the matter. [16518/04]
52 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government if he has plans to introduce a grant scheme to encourage the upgrading of septic tanks in areas in which it has been shown that the quality of ground water is deteriorating. [16453/04]
I propose to take Questions Nos. 31 and 52 together.
Primary responsibility for ensuring that water quality is protected against pollution from septic tanks lies with the operator of the tank. A person who causes or permits polluting matter to enter waters, directly or indirectly, commits an offence under the Local Government (Water Pollution) Acts and, in addition to such penalties as may be applied by a court, can he held responsible for any necessary remedial measures. The Water Services Bill 2003, which is currently before the Seanad, will place a general duty of care on owners-occupiers to ensure that septic tanks and other treatment systems serving their premises are kept so as not to cause a nuisance, or a risk to human health or the environment.
Local authorities, acting under the general supervision of the EPA, have a wide range of powers and duties to protect water quality. Discharges from septic tanks serving large-scale or commercial premises are subject to licensing under the Acts. Small scale discharges via a percolation area from septic tanks serving domestic dwellings are exempt from licensing but are subject to the general enforcement powers available to local authorities.
My Department issues guidance and standards from time to time in relation to on-site waste water treatment systems and seeks to ensure the use of an appropriate system in each case. Septic tanks installed on or after 1 June 1992 must comply with part H, drainage and wastewater disposal, of the national building regulations. The relevant technical guidance document, TGD H, calls up Irish standard recommendation SR 6: 1991 for septic tanks serving single houses, issued by the National Standards Authority of Ireland, NSAI. A manual on wastewater systems serving single houses is being developed by the EPA and I intend that the manual will supersede SR6: 1991 as soon as it is published.
Guidelines prepared jointly by my Department, the EPA and Geological Survey of Ireland, GSI, on the preparation of groundwater protection schemes were issued to local authorities in May 1999. These schemes are intended to provide a framework for decision-making by statutory authorities in relation to activities which might give rise to a risk of polluting ground waters In a circular letter of 31 July 2003 on groundwater protection and the planning system, my Department directed the attention of local authorities to the need for more information within development plans on the location and potential vulnerability of groundwater resources and for clear policies on how development in different areas will be approached based on the available information. Local authorities were also requested to ensure that effective regimes for the proper assessment of site conditions as well as the design, installation and maintenance of on-site wastewater treatment and disposal facilities are put in place, as well as appropriate monitoring and enforcement mechanisms that ensure that those who carry out approved development meet the obligations to adhere to the terms of planning permissions.
I have no proposals to introduce grants for the upgrading of septic tanks. The national rural monitoring committee is currently overseeing the implementation of a pilot programme by local authorities to test a range of new, small-scale waste water collection and treatment systems. Some 12 villages in six counties have been selected as locations for the pilot programme under which appointed contractors will design, build and operate the infrastructure over a 20 year period. Construction is expected to commence later this year. Subject to a satisfactory outcome to the pilot testing, the national rural water monitoring committee envisages a potential role for group sewerage schemes in the collection of domestic wastewater from households outside of the immediate catchment of such treatment systems. Confirmation of such a role for group sewerage schemes and any review of related grants must await the outcome of the pilot programme.
34 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the strategy he intends to pursue to reduce the dangerously high emissions from vehicles in Dublin city centre; and if he will make a statement on the matter. [15908/04]
45 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government the measures he is taking to counteract traffic pollution. [16637/04]
73 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government the steps that are being taken to address the serious problem of vehicle pollution identified in the recent annual report of the Environmental Protection Agency; and if he will make a statement on the matter. [16517/04]
I propose to take Questions Nos. 34, 45 and 73 together.
I refer to the reply to Question No. 372 of 1 June 2004. All monitoring data, including that highlighted in the EPA's recent report Ireland's Environment 2004, indicates that Irish ambient air quality is good and with the exception of the unrepresentative College Street site in Dublin, no EU or national standards are being breached. However, as highlighted in the report, it is evident that emissions from road traffic pose the main challenge to the maintenance and improvement of this situation.
A number of policies and measures have been, and continue to be, undertaken on an ongoing basis to reduce traffic-sourced air pollution both within policy areas under my remit, and areas which are the responsibility of other Ministers, most notably the Minister for Transport.
Within my remit the Air Quality Standards Regulations 2002 place primary responsibility for the development of air quality management plans on the relevant local authorities in co-operation with the Environmental Protection Agency. Local authorities also have responsibility to prepare short term air pollution action plans where the EPA considers measures are likely to be needed in the short term where there is a risk of air pollution problems, including from traffic sources. The launch of a new EPA website in January 2004 with up to date publicly accessible data from a number of monitoring stations nationally now allows the public to gauge air quality in relation to current EU and national standards on a real time basis.
Under the EU auto oil programme a series of directives has been implemented which provide for progressively cleaner road fuels, including introduction next year of an element of totally sulphur free fuels ahead of a mandatory EU requirement from 2009. As well as sulphur reduction in both petrol and diesel, benzene, aromatic and olefin levels in petrol have already been significantly reduced, and aromatics will be further reduced again from next year.
Regulations are in place since 2001 requiring the mandatory provision of consumer information on fuel economy and carbon dioxide emissions from all new passenger cars. This measure allows consumers to make informed choices in vehicle purchasing on both environmental and fuel efficiency grounds.
Each year since 2000 my Department, the Department of Transport, Sustainable Energy Ireland and participating local authorities have promoted the benefits of alternative transport modes and increased public transport usage through our support of European car free day. Participation by Irish local authorities has been encouraging, rising from an initial five participants in 2000 to 14 participants in 2003. The event takes place annually on 22 September and this year the focus will be on enhancing commuter mobility and deepening the involvement of schools, based, inter alia, on alternatives to the car for the school run.
Finally, during Ireland's Presidency of the EU a first reading agreement was reached between the Council of Environment Ministers and the European Parliament on a proposal for a directive relating to arsenic, cadmium, nickel and polycyclic aromatics hydrocarbons, PAHs, in ambient air. PAHs are sourced, inter alia, from traffic pollution.
The Minister for Transport is responsible for measures in relation to vehicle standards, reductions in traffic congestion, roads improvements including by-passes, the Dublin Port tunnel, the M50 completion, Luas, rail, DART and bus upgrades and demand management measures all of which potentially contribute to emissions reductions from vehicle traffic in the transport section.
35 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government if he has made a decision in relation to the recommendations of the Constituency Commission published in January 2004 to divide County Leitrim between the two proposed new constituencies of Sligo-North Leitrim and Roscommon-South Leitrim; if his attention has been drawn to the widespread opposition which exists in Leitrim to the recommendations; and if he will make a statement on the matter. [16597/04]
I refer to the reply to Questions Nos. 255 to 263, inclusive, on 4 May 2004. The position is unchanged.
36 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the discussions he has had with the United States authorities in relation to the Kyoto Protocol and climate change. [16451/04]
EU international policy on climate change is determined through close co-ordination between all member states and the European Commission, and a common EU position is presented externally. The Government, primarily through my Department, is working within the EU, and representing the EU position externally through the Troika system, to ensure the Kyoto Protocol enters into force at the earliest possible date. The EU continues to engage with the US on a range of climate change issues despite its decision not to ratify the protocol.
I met the US delegation during the preparations for last December's conference of the parties to the UN framework convention on climate change, and discussed the need for progress in relation to the Kyoto Protocol. In my position as the chairman of the OECD meeting in Paris of Environment Ministers in April 2004, at which the US participated, my conclusions noted that Ministers participating in the discussions on the climate change part of the agenda stressed the need for sufficient ratifications to ensure the entry into force of the protocol, the importance that signatories move ahead to meet their Kyoto commitments, and the need to look ahead to post-Kyoto actions.
I spoke to the head of the US Environmental Protection Agency, who attended the OECD meeting, on the margins of the meeting and I will continue to work constructively with the US in my presidency capacity regarding environment policies in general, including climate change.
37 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the position with regard to the implementation to date of the national spatial strategy; if his attention has been drawn to the recent comments made by the president of the Irish Planning Institute (details supplied) that the strategy was becoming a devalued currency; his response to these comments; and if he will make a statement on the matter. [16500/04]
38 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government if the national spatial strategy has been abandoned in view of the subsequent decentralisation plan announced in the budget speech (details supplied); and if he will make a statement on the matter. [16431/04]
273 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the position with regard to the implementation to date of the national spatial strategy; if his attention has been drawn to the recent comments made by the president of the Irish Planning Institute (details supplied) that the strategy was becoming a devalued currency; his views on these comments; and if he will make a statement on the matter. [16764/04]
I propose to take Questions Nos. 37, 38 and 273 together.
I am aware of the recent address by the president of the Irish Planning Institute. I value and welcome the views of all stakeholders in the planning process. I consider that much has been done in recent years to strengthen and renew spatial planning in Ireland. Comprehensive new planning legislation has been developed and is being implemented; a national spatial strategy has been formulated and is being rolled out, and numerous policy guidance notes and directions have been issued by my Department in contrast to the absence of such central input to the planning process until the late 1990s.
The Government is fully committed to the implementation of the national spatial strategy, NSS, and has put a wide range of measures in place at national, regional and local levels aimed at achieving the strategy's objectives. A significant milestone in the implementation of the strategy was reached recently with the adoption by all regional authorities of regional planning guidelines which will help to structure and inform more local planning. For the first time guidelines of this nature have now been put in place throughout the whole country setting the strategic policy agenda which planning authorities must address in their development plans and creating the crucial linkage needed between overall national spatial policy as set out under the NSS and local planning policies.
In adopting and publishing the NSS the Government stated that it would take full account of the strategy in moving forward the progressive decentralisation of Government offices and agencies. The decentralisation programme takes account of the NSS. However, the Government also had to take account of a wide range of other factors in selecting suitable locations for decentralisation. These other factors included the core business and nature of the relevant Department or agency, the location of their customer base, the location of existing decentralised offices, the desirability of clustering a Department's decentralised units within a region, the importance of respecting the scale and character of locations in terms of their capacity to absorb the new jobs involved, the existence of good transport links and the general infrastructure capacity in the locations selected.
In addition to gateways and hubs the NSS identified, the need to strengthen the county town and large town structure and the need for a renewed emphasis on the potential of small towns, villages and rural areas. The strategy envisages that county towns and other medium-sized towns would continue to play important roles as local capitals, developing their enterprise and service functions and continuing to provide opportunities for employment both in the towns themselves, and in related smaller towns, villages and rural areas. The relocation of public service employment to many of these towns will help to underpin the important role which many of them will continue to play into the future.
Other recent developments of note supporting the achievement of the Government's objectives as set out under the NSS have included the substantial progress now being made on major national development plan capital investment programmes supporting balanced regional development, particularly in areas such as the development of key regional and inter-regional road and rail linkages and substantial infrastructure projects which will support the role the key gateways and hubs identified in the strategy. The recently completed mid-term review of the national development plan also signals strongly the potential for further aligning NDP expenditure with the NSS planning framework, particularly in the environmental infrastructure and regional operational programmes.
Gateway implementation frameworks are now in place in Cork and Galway and work on similar is advancing in other areas. The proposals announced recently for substantial investment in new suburban rail services in the Cork area provide a significant example of a direct response from the Government to the planning policies which have been put in place by the Cork County and City Councils, creating the conditions for accelerating the development of Cork as a key regional city and gateway in the south west.
41 Ms Lynch asked the Minister for the Environment, Heritage and Local Government the assessment his Department has undertaken of the potential impact on house prices as a result of the development levy; and if he will make a statement on the matter. [16507/04]
It is not anticipated that development contributions adopted under section 48 of the Planning and Development Act 2000, which are levied to fund the provision of local authority infrastructure that benefits development, will unduly affect the price of houses. While the development contribution system was reformed in the 2000 Act, it is continuous with the levying of contributions by local authorities which has operated since the commencement of the 1963 Act. In addition, a circular letter issued on 27 June 2003 advised planning authorities that while it is envisaged that developers should make an appropriate contribution towards the costs of public infrastructure and facilities, the local authority should take care to avoid development contributions that are excessively high.
46 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the degree to which his Department is on target in respect of the various objectives set in the context of the national development plan; and if he will make a statement on the matter. [16568/04]
Progress in the implementation of the infrastructure programmes under the national development plan for which my Department has responsibility continues to be satisfactory.
At the end of 2003, cumulative expenditure on water services was running at 98.6% of target and a total of 276 schemes had been completed. While short of the mid-term target in terms of the number of projects completed, some of the projects completed, such as the Ringsend wastewater treatment plant in Dublin, were large in terms of scale, their impact on the environment and their role in the achievement of the objectives of the national development plan. Arising from the mid-term review of the national development plan, work is currently underway in my Department to devise a broader range of indicators that will better reflect the progress being achieved at measure level. The water services investment programme 2004 to 2006, which I announced on 7 May, contains 869 water and sewerage schemes at various stages of development and underlines my continued commitment to water and wastewater infrastructure provision.
My Department is also reviewing the NDP programme complement for housing to take account of the recommendations of the mid-term review and the multi-annual funding envelopes. Cumulative expenditure to end-2003 on this measure to date is 10% ahead of target at just under €5.32 billion. Despite significant progress in terms of output it has not been possible to achieve some mid-term targets due to higher than anticipated construction costs. The Government's decision to introduce five year multi-annual capital investment programmes provides an important opportunity to ensure a structured basis for the planning and delivery of all social and affordable housing programmes.
Cumulative expenditure on the non-national roads measure, at almost €1.62 billion to the end of 2003, is 14.29% ahead of target. Output under this measure is also ahead of target, demonstrating that the objectives of this measure are being met. To the end of 2003, for instance, over 17,000 km of non-national roads were improved under this measure. This is 24% ahead of the mid-term target. This rate of improvement to the non-national road network will contribute to the measure's aim of supporting the economic and social development of the regions.
The rural water measure provides funding for investment in water treatment, disinfection and distribution equipment for group water schemes to ensure that they can provide an adequate supply of water within their catchment area which meets the requirements of the EU directive on drinking water quality. Cumulative expenditure to end 2003 on this measure, at €227.03 million, is at 66% of target. Over 200,000 people have benefited from new or improved rural water schemes and percentage compliance with the drinking water regulations, at 80.9%, exceeds the mid-term target of 75%.
Expenditure on the waste management measure is behind target with no expenditure having taken place in the first two years of the national development plan, due to the delays which took place in the adoption of waste management plans by local authorities. However, the rate of expenditure has increased significantly, reflecting major progress in delivering modern waste infrastructure facilities. In April, I announced the third tranche of grants for local authority recycling and recovery facilities, amounting to €25 million. This tranche of grants, together with the €22 million I have previously allocated, will represent considerable progress in the implementation of this measure.
Up to the end of 2003, a total of €50.196 million had been spent on the urban and village renewal measure, the aim of which is to provide financial support for a range of interventions to upgrade cities, towns and villages to make them more attractive places in which to live and work. The measure also seeks to encourage social and economic development and to facilitate and support the development of tourism and tourism-related activity. While expenditure is at roughly 60% of target, some 470 projects have been completed, representing 96% of the mid-term target.
Expenditure under the habitats protection and conservation measure has not reached the mid-term target and output under the measure has been behind target. Progress on the development of two visitor centres has been slower than anticipated. It is hoped, however, that both centres will be completed by the end of the NDP period. As a means of implementing the 1992 EU habitats directive, funding is provided for conservation purposes by way of the acquisition of designated lands and compensation to landowners who forego income as a result of designation. It is difficult to forecast the level of expenditure associated with these acquisition and compensation payments, so the relevance of specific targets is undermined. My Department is currently working on revised indicators that will better reflect the progress being made on this measure.
Revised indicators are also being considered for the heritage conservation measure where cumulative expenditure to end 2003 is at 65% of target. However the number of heritage sites improved during that period exceeds the mid-term target of 36 sites by one. In terms of visitor numbers, 2.4 million people visited heritage sites in 2003. This exceeded the mid-term target of 2.22 million visitors by 180,000 people.
I am satisfied that my Department is making good progress in meeting the targets associated with most of the measures under the national development plan which are being implemented by my Department. Where progress on some measures was slow at the outset, it is encouraging to note that, by 2003, expenditure was approaching target and the effect of this expenditure was being felt by way of increased outputs. Where output indicators are being revised in the context of the mid-term review of the national development plan, it is with a view to the revised indicators providing better quality information as to the achievement of objectives under the national development plan.
47 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government his proposals to address the housing waiting lists with particular reference to the 60,000 families on local authority lists and a further 20,000 who are disqualified from such lists on income grounds but do not qualify for an adequate mortgage from financial institutions; and if he will make a statement on the matter. [16569/04]
62 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government the number of persons on local authority housing lists at the latest date for which figures are available; the way this figure compares with the corresponding figure for the equivalent dates in each of the previous five years; the total number of local authority dwellings completed or acquired in 2002 and 2003, and the anticipated number for 2004; and if he will make a statement on the matter. [16502/04]
I propose to take Questions Nos. 47 and 62 together.
The results of the statutory assessment of local authority housing need, which was undertaken by local authorities in March 2002, indicated that a total of 48,413 households were in need of housing, compared with 39,176 households in March 1999. Detailed information on the results of the 2002 assessment was published in my Department's September 2002 quarterly edition of the housing statistics bulletin, copies of which are available in the Oireachtas Library. There is no evidence to indicate that the numbers of households on the housing lists have risen to 60,000. The next statutory assessment of housing need is due to take place in March 2005.
Local authorities completed-acquired 5,074 units in 2002, 4,972 units in 2003 and at this stage it is estimated completions-acquisitions will be approximately at the same level in 2004. In addition, the voluntary housing sector provided 1,360 units in 2002, 1,617 units in 2003 and is expected to provide 1,800 units in 2004.
The Government has been conscious of the increased level of social housing need and have responded actively to this situation by expanding social and affordable housing output. For example, it is anticipated that total social housing output this year taking account of new local authority housing, vacancies arising in existing houses and output under other social housing measures will meet the needs of around 13,000 households. This compares with some 7,000 households in 1993.
The affordable and shared ownership schemes benefit low income house purchasers and those households having difficulties securing loans from financial institutions. Last year 1,524 affordable housing units were built while almost 1,000 households benefited under the shared ownership scheme. Output under both schemes, at this stage, will be approximately at the same level in 2004.
48 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government the progress made during the Irish Presidency in regard to the proposed Council directive setting out basic obligations and general principles on the safety of nuclear installations and on the management of spent nuclear fuel and radioactive waste; and if he will make a statement on the matter. [16527/04]
During its Presidency of the European Union, Ireland actively sought to progress towards the adoption of these two directives, together known as the nuclear safety package. In chairing the European Council's atomic questions working group, Ireland sought to find a sound consensus on the package to facilitate its adoption at the earliest opportunity. While a number of member states, including Ireland, favoured the adoption of EU directives, a blocking minority opposed the principle of a legal instrument. Despite intensive efforts on the part of the Presidency to find unanimous agreement in the group for the adoption of the package in the form of directives, the group was unable to reach a consensus in that regard.
Following its consideration of the matter on 13 May 2004, Coreper mandated the atomic questions working group to develop Council conclusions in regard to the package and to report back to Coreper before the end of June. This process is now in train.
50 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government if he intends to make changes in the building regulations in order to provide higher energy performance standards for lighting and heating systems. [16607/04]
My Department is developing proposals to amend part L of the national building regulations, conservation of fuel and energy, for non-domestic buildings to cover: provision of energy efficient space and water heating service, including adequate control of these services; the limitation of heat loss from pipes, ducts and vessels used for the transport or storage of heated water or air; the limitation of heat gains by chilled water and refrigerant vessels, and by pipes and ducts that serve air-conditioning systems; and the provision of energy efficient artificial lighting systems and adequate control of these systems, excluding emergency lighting, display lighting or specialist process lighting. The related technical guidance document, TGD L, is also being amended to provide guidance on compliance with the foregoing proposed regulatory requirements. I hope to be in a position to publish the relevant draft proposals for comment by industry and the public by Autumn 2004.
I intend further to review and amend Part L of the building regulations, including the requirements for dwellings, in the context of implementing the EU directive on the energy performance of buildings, Directive 2002/91/EC of 16 December 2002, by the EU deadline of 4 January 2006.
51 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government the action he intends to take on foot of an article in the New Scientist magazine quoting a UK House of Commons defence committee report which states that a large plane crashing into a UK nuclear reactor could release as much radioactivity as the Chernobyl accident in 1986, while a crash into waste tanks at Sellafield in Cumbria would cause, at worst, several million fatalities. [16605/04]
I am aware of recent media reports regarding an, as yet, unpublished report by the UK Parliamentary Office of Science and Technology which I understand includes references to potential impacts of aircraft on UK nuclear reactors. This report when published will be considered by my officials with the assistance of the Radiological Protection Institute of Ireland, RPII.
The latest reports follow a series of media reports in late March on security matters at Sellafield, including references to alleged breaches of the no fly zone around Sellafield by military aircraft, the relative vulnerabilities to aircraft attack of the Sellafield nuclear plant and the provision of additional physical security measures at Sellafield. On foot of these latter reports, I have written to The Rt. Hon. Ms Patricia Hewitt, MP, Secretary of State for Trade and Industry, seeking a report on the various issues raised and I am awaiting a reply.
The safety of Sellafield, and the protective measures in place to secure this, are a particular ongoing concern in Ireland, and are the subject of regular discussions at both ministerial and official level between the UK and Ireland. They have also been addressed in the context of Ireland's case concerning the Sellafield MOX plant under the United Nations Convention on the Law of the Sea, UNCLOS. However, the response by the UK, that access to security sensitive information is restricted to those who have an operational need for such information, severely restricts the potential for providing the necessary reassurances to the Irish public in relation to our legitimate concerns regarding the significant risks posed by an accident or malicious attack at Sellafield.
On this basis, there is a clear need for an agreed, structured and meaningful exchange of sensitive security information which will meet the confidence building and assurance needs of Ireland in relation to safety and security at Sellafield without compromising the security needs and concerns of the UK in relation to such information. As long as Sellafield poses a threat to the health and environment of Irish people, I will continue to ensure that these concerns are reflected in our ongoing contacts at ministerial and official level on nuclear issues.
53 Mr. Sherlock asked the Minister for the Environment, Heritage and Local Government the position regarding this country’s international legal case in connection with the Sellafield nuclear plant; if he has now received the further report of the UNCLOS tribunal which was due to be received by 31 May 2004; and if he will make a statement on the matter. [16526/04]
The arbitration proceedings brought by Ireland against the United Kingdom under the United Nations Convention on the Law of the Sea, UNCLOS, in relation to the Sellafield MOX plant are currently adjourned pending resolution of jurisdictional issues in the dispute, which were raised by the European Commission. However, Ireland was granted a provisional measures order by the tribunal on 24 June 2003. This order called upon the United Kingdom and Ireland to make arrangements to review and improve co-operation and consultation between the two countries. Discussions in this regard between officials from Ireland and the United Kingdom, are currently ongoing.
The provisional measures award and orders of the UNCLOS tribunal of 24 June 2003 and 14 November 2003 also made provision for reports to be submitted by both parties to the tribunal on specified dates, including 31 May 2004, in relation to the provisional measures awarded. I assume this is the report referred to in the question and I can confirm that Ireland has submitted its report in accordance with the tribunal's orders. The ongoing discussions and reports, remain confidential to the parties and to the tribunal, pending outcomes. However, it is my intention to report on any initiatives arising from this process in due course.
The jurisdictional issues raised by the European Commission are currently the subject of litigation between Ireland and the Commission before the European Court of Justice.
54 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government when it is intended to publish the results of the research the IPA was asked to carry out into the regulation of lobbyists in other countries; if the Government remains committed to introducing legislation to control or regulate political lobbying; when the promised code of conduct for staff and members of local authorities will come into operation; and if he will make a statement on the matter. [16512/04]
Later this month I intend to issue codes of conduct for staff and members of local authorities under the Local Government Act 2001. In addition, copies of the research report prepared by the Institute of Public Administration on the regulations of lobbying in other counties will be placed in the Oireachtas Library. The question of the regulation of lobbyists is being examined in light of that report and of other current legislative proposals and initiatives in this area; the possibility of further legislation will be considered in this context.
55 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the number of units of social housing which have been built on State land since 2002; and if he will make a statement on the matter. [16599/04]
61 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government the number of house completions in 2003; the number of these which were local authority house completions for the social housing rental sector; the number which were second homes or investment property; the number which were holiday homes; and if he will make a statement on the matter. [16598/04]
I propose to take QuestionsNos. 55 and 61 together.
Details on total house completions provided by the State, both under the local authority housing programme and by the voluntary and co-operative housing sector, are set out in my Department's housing statistics bulletin, copies of which are available in the Oireachtas Library.
A definitive breakdown of house completions either by type of purchaser or whether they were second, holiday or investment homes cannot be provided at present. My Department is in discussion with the Central Statistics Office regarding the collection of more reliable information on second homes with the objective of addressing this information deficit.
56 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government the position in regard to his request to the British authorities to allow Irish experts to inspect the Sellafield nuclear plant; and if he will make a statement on the matter. [16525/04]
I refer to the replies to Question No. 51 of 4 March 2004 and Questions Nos. 142 and 197 of 3 February. The position is unchanged.
57 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government if he intends to make changes in the planning regulations in order to make it easier for home-owners to install solar energy systems within and above the roofs of their homes. [16609/04]
Under section 4(1)(h) of the Planning and Development Act 2000, development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure is exempted development if the works affect only the interior of the structure or do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures. It is a matter for each planning authority to determine whether planning permission is required in any individual case. There are no proposals to amend the legislation in this regard.
58 Ms McManus asked the Minister for the Environment, Heritage and Local Government the progress made to date in regard to his consideration of the report of the health research board study commissioned by his Department into the likely effects of landfill and thermal treatment; the specific steps he intends to take to deal with the finding in the report that Ireland had insufficient resources to carry out adequate risk assessments for proposed waste management facilities; and if he will make a statement on the matter. [16508/04]
The report referred to is the subject of ongoing consideration between my Department, the Department of Health and Children and the Environmental Protection Agency. This process will now also include consideration of the report on the review of environmental and health effects of waste management: municipal solid waste and similar wastes which was published recently by the UK Department for Environment, Food and Rural Affairs. I will make a statement on the matter as soon as this consideration has been completed.
59 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government the implications for planning and development here of the new EU strategic environmental assessment directive which is due to take effect on 20 July 2004; and if he will make a statement on the matter. [16505/04]
Directive 2001/42/EC of 27 June 2001, commonly known as the SEA directive, requires, inter alia, that an environmental assessment be carried out of all land use plans which are likely to have significant effects on the environment. This requirement applies to plans whose preparation begins after 21 July 2004. In terms of land use planning, the directive will be given effect in Ireland through a mandatory requirement for SEA in the case of: regional planning guidelines; city and county development plans; development plans prepared by town councils where the population involved is 10,000 or more; local area plans where the population involved is 10,000 or more, and planning schemes in respect of strategic development zones.
Screening of the need for SEA will apply to: development plans prepared by town councils where the population involved is less than 10,000; local area plans where the population involved is less than 10,000, and variations to development plans.
On 8 March 2004, I issued, for public consultation, draft guidelines for regional and planning authorities on implementation of the directive. A copy of the draft guidelines has been placed in the Oireachtas Library. I am currently examining 25 submissions which were received in response to the public consultation process and I hope to publish the guidelines shortly. The regulations to give effect to the planning provisions of the SEA directive are being prepared in my Department at present and I plan to sign them in advance of 21 July 2004.
63 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent annual report of the Dublin Simon Community which found that the number of families and children experiencing homelessness had increased significantly since 1999; the steps that are being taken to deal with this situation; and if he will make a statement on the matter. [16520/04]
I am aware of the recent comments of the Dublin Simon Community on the number of homeless persons and households identified in the assessments of housing need undertaken by local authorities in 1999 and 2002. Full details of the outcome of the assessments were also published in my Department's housing statistics bulletins in 1999 and 2002.
The Government is committed to tackling the issue of homelessness in a sustained and vigorous manner. Since the launch of the integrated and preventative strategies on homelessness in 2000 and 2002, respectively, there has been considerable and sustained progress in the provision of a wide range of accommodation facilities and services to meet the specific needs of homeless households. In spite of demands from other social housing areas, the funding for accommodation and related services for homeless persons has increased again this year. The total of €51 million available this year brings to €190.6 million the total provided for this purpose since 2000.
A wide range of additional accommodation, ranging from emergency accommodation to long-term sheltered accommodation has been provided. This has enabled rough sleepers to access emergency accommodation and allowed homeless persons to move out of emergency accommodation and into accommodation more suitable to their needs. Increased levels of day care facilities together with specific provisions to meet the needs of people with addiction problems or who are sleeping rough, as well as of homeless ex-offenders, have been put in place.
To date, the emphasis has been on the provision of emergency accommodation and it is now widely acknowledged that the availability of this type of accommodation, where the majority of homeless persons are currently housed, is generally adequate to meet existing needs. The next challenge is to ensure that more permanent accommodation becomes available to those homeless persons who wish to and are in a position to avail of it. The preparation of the housing action plans currently being finalised by local authorities will facilitate the planning and provision of such accommodation. In this context, it is estimated that the funding available will enable local authorities to meet the housing needs of 13,000 households in 2004 compared with 8,500 in 1998.
64 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the progress being made to bring forward a directive on arsenic, cadmium, mercury and nickel as well as polyaromatic hydrocarbons and a further directive covering ozone which was expected for early 2004. [16610/04]
The Council of Environment Ministers and the European Parliament have reached a first reading agreement advising Ireland's current EU Presidency on the proposal for a directive relating to arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons in ambient air. It is expected that the proposal will be formally adopted in the second half of this year, and transposition into national law will be required within 24 months following the directive's publication.
The latest ozone related directive is Council Directive 2002/3/ EC relating to ozone in ambient air. I made the Ozone in Ambient Air Regulations 2004 transposing this directive into national law on 11 February 2004. My Department is not aware of further ozone related proposals at EU level at this time.
65 Mr. Costello asked the Minister for the Environment, Heritage and Local Government the total expenditure, including VAT incurred to date on equipment, software and training for electronic voting; the total estimated cost of storing the voting machines; and if he will make a statement on the matter. [16501/04]
71 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the cost of storage for the unused electronic voting machines; the precautions being taken to prevent deterioration of the machines and software; the steps being taken and ongoing cost to upgrade the software and to adapt the system for persons with disabilities; and if he will make a statement on the matter. [16432/04]
I propose to take Questions Nos. 65 and 71 together.
In relation to expenditure on equipment, software, training and storage costs associated with the electronic voting system, I refer to the reply to Questions Nos. 371 to 373, inclusive, of 11 May 2004. I intend that my Department will co-operate fully in the programme of further testing, software development and system enhancement, recommended in the interim report of the Electronic Voting Commission. While the costs of this cannot yet be estimated, they are likely to be relatively small in the context of the capital investment already made in the system.
66 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government further to the publication of the 2003 discussion document on controlling SO2 and NOX, when will the national strategy for the attainment of the national ceilings in these gases be detailed and published. [16602/04]
275 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government further to the publication of the 2003 discussion document on controlling SO2 and NOX, when the national strategy for the attainment of the national ceilings in these gases will be detailed and published. [16811/04]
I propose to take Questions Nos. 66 and 275 together.
On foot of public consultation in 2003 on a discussion paper for a strategy to reduce emissions of transboundary air pollution by 2010, a number of detailed submissions were received by my Department. These are available on the Department's website. The consultation process is informing the ongoing development of a draft strategy to reduce the national emissions concerned to the required levels by 2010. I intend bringing the strategy to Government for approval later this year, prior to publication.
In the context of the strategy preparation, I made the National Emission Ceiling Regulations 2004 on 13 January 2004. These specify national emission ceilings for sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia to be achieved by 2010 under the strategy.
Other measures relevant to the strategy are being actively pursued. I submitted a national emission reduction plan for large combustion plants to the European Commission for assessment in November 2003. The plan, under Directive 2001/80/EC, on the limitation of emissions of certain pollutants from large combustion plants with a rated thermal input greater than 50 MW, requires significant reductions of emissions of sulphur dioxide and nitrogen oxides from older ESB power plants and boilers in Aughinish Alumina from 2008. This ambitious environmental measure has been undertaken as a direct response to Ireland's obligations under the EU directive on national emission ceilings.
67 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will list the number of cases in which the European Commission has initiated legal action or announced that it intends to take legal action, arising from the failure by this country to implement EU directives for which his Department has responsibility; the steps he is taking to ensure that all of these directives are implemented in full; and if he will make a statement on the matter. [16515/04]
There are currently five cases in respect of which the European Commission has initiated legal action in relation to non-implementation of EU directives in areas for which my Department has responsibility. The first four cases where legal action has been initiated arise in relation to directives concerning: dangerous substances in water; the assessment of the effects of certain public and private projects on the environment, commonly known as environmental impact assessment or EIA; the keeping of wild animals in zoos, and end-of-life vehicles. The fifth case relates to a number of waste issues.
Legislation transporting the relevant directives is in place in respect of each of the above five cases, and the legal actions relate to issues regarding elements of transposition and implementation. The European Commission has indicated its intention to withdraw the case in relation to the zoos directive and confirmation of that decision is awaited.
Legal action has also been taken by the Commission against Ireland in relation to reporting requirements under an EU regulation on ozone depleting substances. A defence has been lodged. The European Commission announced on 22 July 2003 its intention to take legal action against Ireland in relation to the decision by the Government to introduce a €20 charge on citizens wishing to make submissions on development consent procedures. The Commission also announced on 29 January 2004 its intention to take legal action against Ireland for alleged failure to designate a sufficient number of special protection areas, SPAs, for wild birds and adequately to protect sites that have or require SPA status. No communication has been received from the European Court of Justice on either matter.
68 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the main provisions of the proposed National Infrastructure Bill; if the heads of the Bill have yet been brought before Government and approved; when the Bill is likely to be published and brought before the House; if it is intended that incinerators will fall within the remit of the National Infrastructure Board; and if he will make a statement on the matter. [16510/04]
I refer to the reply to Questions Nos. 38 and 67 of 29 April 2004.
69 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government the number of Irish manufacturers which have succeeded in obtaining approval from the EU eco labelling board to carry the EU flower symbol on their products to signify that they have passed the independent environmental approval checks used by the board; and the value of central Government expenditure on such products carrying the EU eco label symbol. [13906/04]
EU eco label is not among the environmental approved systems currently used by Irish manufacturers of products.
70 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent report produced by a professor (details supplied) , suggesting that about half of those living in Dublin and a third living nationally will not be able to afford a house in two years time; if he accepts the projections given by this person; the steps he is taking to counter the continuing escalation in house prices; and if he will make a statement on the matter. [16494/04]
I refer to the reply to Priority Question No. 2 of 29 April 2004.
72 Ms Lynch asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the criticism expressed by the Ombudsman in her recent annual report of the failure of local authorities to use their powers to enforce planning laws, particularly in regard to illegal developments; the steps he intends to take to address this situation; and if he will make a statement on the matter. [16506/04]
I refer to the reply to Priority Question No. 2 of today.
74 Mr. J. Bruton asked the Taoiseach if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16841/04]
75 Mr. J. Bruton asked the Taoiseach if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16856/04]
77 Mr. J. Bruton asked the Taoiseach if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16886/04]
78 Mr. J. Bruton asked the Taoiseach if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16901/04]
79 Mr. J. Bruton asked the Taoiseach if his Secretary General has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long-term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16959/04]
I propose to take Questions Nos. 74, 75 and 77 to 79, inclusive, together.
There are no proposals to decentralise any section of my Department or any of the bodies or agencies operating under its aegis. Having regard to this, it would not be necessary for the Secretary General of my Department to establish financial procedures relating to decentralisation. Accordingly, the matter of risk assessment in respect of decentralisation does not arise.
76 Mr. J. Bruton asked the Taoiseach the work that is completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16871/04]
A steering group, with members from across my Department, has been established to develop and implement a risk management system in my Department in line with the recommendations of the Mullarkey report. Guidelines for the implementation of risk management have been drawn up and a number of pilots are due to be undertaken shortly to test the operation of the model in practice. The results of these pilots will be used to finalise the risk management model which will be submitted to the management advisory committee for approval and subsequently implemented across the Department. The role of the audit committee will be to examine the risk management system when finalised and, on an ongoing basis, monitor its implementation in the Department.
80 Mr. Gormley asked the Tánaiste and Minister for Enterprise, Trade and Employment if she intends to introduce legislation to make it easier for businesses, particularly small businesses and self employed persons, to prosecute those who do not pay their bills on time as it currently makes no financial sense to go to court; and if she will make a statement on the matter. [16698/04]
On 7 August 2002, the European Communities (Late Payment in Commercial Transactions) Regulations 2002, S.I. No. 388 of 2002, came into operation on foot of Directive No. 2000/35/EC of the European Parliament and of the Council. These regulations largely replaced the Prompt Payment of Accounts Act 1997, which applied to State, semi-State and certain designated entities. The European Communities (Late Payment in Commercial Transactions) Regulations 2002 apply to all commercial transactions with the following exceptions: contracts made before 7 August 2002; claims for payment of late interest of less than €5; transactions with consumers and debts that may be subject to legislation other than these regulations.
It is an implied term of every commercial transaction that where a purchaser does not pay for goods or services by the relevant payment date, the supplier shall be entitled to interest — late payment interest — on the amount outstanding. Interest shall apply until such time as payment is made by the purchaser. The current interest rate is 9% per annum or .0247% on a daily basis. It is calculated at seven percentage points above the European Central Bank interest rate to its most recent main refinancing operation carried out before 1 January and 1 July each year. In the absence of any agreed payment date between the parties, late payment interest falls due after 30 days have elapsed.
The use of terms that are grossly unfair may be unenforceable and such terms may be challenged in court. Criteria for testing whether terms are grossly unfair are specified in the regulations and such terms may also be challenged by organisations representing small and medium sized enterprises. The regulations also provide for debt recovery costs.
Since these regulations were made, my Department has been advising purchasers and suppliers to agree mutually acceptable credit terms prior to any commercial transaction. I consider this matter is very much related to the area of contract law and I do not have any plans to introduce legislation in the near future.
As failure to pay late payment interest is a civil and not a criminal matter there are no provisions in the regulations for enforcing the debt as there are already established procedures for pursuing such debt through the civil courts. A review of these procedures would be a matter for my colleague, Deputy McDowell, the Minister for Justice, Equality and Law Reform.
81 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if her Department will prepare a report on the impact on the economy of the present increase in oil prices; and if scenarios are being prepared by her Department in respect of the way in which the economy will respond in the event that the increase in oil prices proves to be of lasting duration. [16772/04]
The price of oil has been historically high for some months now, hitting a 14 year high of $40 dollars a barrel on Friday, 7 May having been as low as $25 per barrel in early September 2003. Crude prices have however fallen back slightly from this high although following events in Saudi Arabia last weekend the price situation remains volatile.
My Department is not proposing to prepare a report on the implications of the present increase in oil prices. The situation will be taken into account in the economic review and outlook which is prepared by the Department of Finance due to be published in August. Specific scenarios are not being prepared. Considerable work in this area has already been carried out by the ESRI.
The International Energy Agency has warned that a sustained increase in oil prices would have an adverse effect on GDP and inflation in the eurozone. The continued importance of building our competitiveness remains the key issue for Ireland in the face of adverse global economic conditions.
82 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under her aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16842/04]
83 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Secretary General of her Department has provided her with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if she has requested such advice from the Secretary General. [16857/04]
85 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will take steps to ensure that the annual report of her Department will contain a risk assessment of decentralisation, as it affects her Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16887/04]
86 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if the audit committee of her Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect her Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16902/04]
87 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if her Secretary General has tendered advice to her in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of her Department on the impact in the short or long-term on the economy and the efficiency of administration of her Department or its agencies arising from the Government’s proposals for decentralisation. [16960/04]
I propose to answer Questions Nos. 82, 83 and 85 to 87, inclusive, together.
As part of the decentralisation programme announced by the Minister for Finance in his budget 2004 speech, a minimum of 250 staff of my Department are to decentralise to Carlow. Four agencies operating under the aegis of my Department, FÁS, the National Standards Authority of Ireland, the Health and Safety Authority and Enterprise Ireland, will also be relocating to Birr, Arklow, Thomastown and Shannon, respectively. A decentralisation implementation committee has been established within my Department to develop the decentralisation proposals and to drive the process across the Department and its agencies. The Secretary General of my Department, as Accounting Officer, is responsible for adherence to public financial procedures and ensuring that there is an effective system of corporate governance in place. The Secretary General provides advice to me on an ongoing basis as Accounting Officer.
I am satisfied that there are adequate systems of internal financial control in place in my Department to ensure compliance with public financial procedures. In March 2004, the Secretary General of my Department, as Accounting Officer, signed a statement on internal financial control in respect of the 2003 appropriation account, acknowledging responsibility for ensuring that an effective system of internal financial controls is in place, maintained and operated by the Department. As has been the situation until now, the Secretary General will continue to keep me apprised of the impacts of decentralisation on my Department.
In accordance with the timetable set out in the Mullarkey report, my Department is currently in the process of putting in place a risk management programme which will be rolled out throughout my Department beginning in June 2004. As the Mullarkey report envisages, this risk management programme is designed to deal with strategic, operational, financial and reputational risks whether related to decentralisation or otherwise and provides a process for managing risks which arise.
My Department and the relevant agencies along with all other decentralising public bodies, are currently finalising decentralisation implementation plans, as required by the report of the decentralisation implementation group, the Flynn group. These are initial plans which will require further development as additional information emerges in relation to the people, property and business issues identified in the implementation group's report. In particular, information emerging from the central applications facility in terms of staff numbers and grades electing to transfer to decentralising Departments and agencies will be crucial to the development of risk assessment and risk mitigation strategies.
Many of the areas of my Department identified for decentralisation to Carlow have already undergone business process re-engineering exercises in the recent past. These BPRs will need to be revisited in the context of decentralisation. Moves to enhance the use of ICT are also underway and offer the prospect of greater efficiencies and effectiveness in the delivery of services to be decentralised. Following the preparation of the implementation plans, an overall assessment framework, which will assess direct and indirect risks, threats to, and opportunities for synergies between my Department's offices and its agencies following decentralisation will be progressed.
Given the overall risk assessment framework proposed, there are currently no plans for the audit committee to undertake a separate risk assessment of the impact of decentralisation on the Department's activities. I do not consider that my Department's annual report would be the most appropriate means of publication of decentralisation assessment reports. These reports will be made available to all key stakeholders.
84 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment the work done to date by the audit committee in her Department in examining the implementation of her Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16872/04]
In accordance with the timetable set out in the Mullarkey report, my Department is currently in the process of putting in place a risk management programme. This will be rolled out throughout the Department beginning in June 2004 and a formal risk management system is scheduled for completion before year end.
A risk management committee has been set up to monitor the implementation of the risk programme and the management of risk throughout my Department. This committee will report on a regular basis to the management board and the audit committee.
88 Mr. J. Bruton asked the Minister for Defence if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16843/04]
89 Mr. J. Bruton asked the Minister for Defence if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16858/04]
91 Mr. J. Bruton asked the Minister for Defence if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16888/04]
92 Mr. J. Bruton asked the Minister for Defence if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16903/04]
93 Mr. J. Bruton asked the Minister for Defence if his Secretary General has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long-term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16961/04]
I propose to take Questions Nos. 88, 89 and 91 to 93, inclusive, together.
As the Deputy will be aware, the Government decision on decentralisation announced by the Minister for Finance in his recent Budget Statement provides for the transfer of all my Department's Dublin-based Civil Service staff to Newbridge, County Kildare, and the transfer of Defence Forces headquarters to the Curragh, County Kildare.
The implementation plan for the decentralisation of my Department is being drafted at present and will be submitted to the central decentralisation implementation group soon. The plan will address such issues as risk assessment and mitigation strategies, service and business continuity, timing — phasing issues and business processes and systems. The costs associated with the plan are not yet determined. During the decentralisation process appropriate measures will be put in place to ensure that there is no adverse impact on the operation of my Department or of Defence Forces headquarters.
90 Mr. J. Bruton asked the Minister for Defence the work completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16873/04]
In accordance with the timeframe for the implementation of the Mullarkey report, my Department will introduce a formal risk management system before the end of 2004. The issue was among the matters discussed at the most recent meeting of the audit committee on 25 March 2004, and will be on the agenda for future meetings of the committee.
94 Mr. Timmins asked the Minister for Agriculture and Food the plans he has to change the criteria for premises slaughtering animals with BSE from exclusive availability of the premises at all times for such slaughter; and the reasons for this change. [16675/04]
101 Mr. Timmins asked the Minister for Agriculture and Food the position in relation to the specifications for slaughter of BSE animals; if there are plans to change the present specifications in relation to the slaughter of animals for the Irish and international markets; and if he will make a statement on the matter. [16949/04]
I propose to take Questions Nos. 94 and 101 together.
The current policy in relation to suspect BSE animals is to euthanase them on the farm of origin. I do not propose to change this policy. My Department also depopulates the whole cattle herd where a case of BSE has been confirmed and traces and slaughters any cohort or progeny animal of the BSE positive case.
At present these animals, which are not suspected of having BSE, are slaughtered in a dedicated plant. This plant has not always been exclusively dedicated to this function. However, with increasing numbers of BSE cases being identified following the introduction of active surveillance in the latter half of 2000, it became necessary for my Department to contract this plant on an exclusive basis, primarily to avoid delays for farmers whose herds were being slaughtered.
The current contract for the slaughter of BSE herds came into effect on 1 January 2001. With the welcome decline in the number of BSE cases in 2003 — 45% — and 2004 — 35% to date — my Department considers that a contractual arrangement entered into at a time when significant increases in the number of BSE cases were anticipated needs to be reviewed. Against this background, and in accordance with best practice, my Department has recently invited proposals from slaughter facilities to tender for this business.
Those submitting proposals are required to make their premises available exclusively to the Department on the days on which depopulated herds and other animals are to be slaughtered, and to adhere to all of the relevant statutory requirements, in particular those in Council Regulation 1774/2002 relating to the disposal of the resultant animal by-products. Standard operating procedures governing the cleaning and disinfection of the premises following the slaughter of depopulated herds will also be put in place. The successful tenderer will also be required to make its premises available within two days of being requested to do so by the Department, in order to avoid any delay for farmers whose herds are to be depopulated.
95 Mr. J. Bruton asked the Minister for Agriculture and Food if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16844/04]
98 Mr. J. Bruton asked the Minister for Agriculture and Food if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16889/04]
102 Mr. Sargent asked the Minister for Agriculture and Food if his attention has been drawn to the deleterious effect on morale of the staff of his Department caused by the uncertainty arising from the proposed relocation of his Department’s offices and by the proposed location of his Department’s headquarters; if his attention has further been drawn to the decreased morale; the measures he intends to take to improve morale; if he was consulted about the proposed location of his Department’s headquarters; the views he has expressed on this; if he has consulted with his staff about the proposed location; if he considers that the staff of his Department are justified to be unsatisfied with the proposals, particularly in view of the co-operation given by the staff during the foot and mouth crisis and the Irish Presidency of the European Union; and if he will make a statement on the matter. [16954/04]
103 Mr. Timmins asked the Minister for Agriculture and Food if his attention has been drawn to the deleterious effect on morale on the staff of his Department caused by the uncertainty arising from the proposed relocation of his Department’s offices and the proposed location of his Department’s headquarters; his views on the decreased morale; the measures he intends to take to improve morale; if he was consulted with respect to the proposed location of his Departments headquarters; the views he has expressed on this; if he has consulted his staff on the proposed location; his views on whether the staff of his Department are justified to be unsatisfied with the proposals, particularly in view of the co-operation given by the staff during the foot and mouth crisis and the Irish Presidency of the European Union; and if he will make a statement on the matter. [16958/04]
104 Mr. J. Bruton asked the Minister for Agriculture and Food if his Secretary General has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long-term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16962/04]
I propose to take Questions Nos. 95, 98 and 102 to 104, inclusive, together.
The Government announced the details of its decentralisation programme in December last year. The decentralisation implementation group, DIG, chaired by Mr. Phil Flynn presented its initial report to Government on 31 March 2004. In this report the DIG requested that all Departments produce an implementation plan by the end of May. My Department's plan has in recent days been finalised and submitted to the DIG. The State bodies under the aegis of my Department are requested to prepare and submit their own individual implementation plans. Since the announcement of the decision to decentralise, my Department has consulted with its staff and kept them informed of all developments on an ongoing basis. This has been achieved through the Department's partnership committees — the departmental council and bilateral discussions with individual trade unions. Also a decentralisation unit has been established and a dedicated site has been created on the Department's Intranet, e-zone, to keep staff appraised of developments.
I am satisfied that these measures have led to the morale of my staff being maintained and it is worth reiterating the fact that the programme is voluntary. It is anticipated that many staff of my Department will apply to transfer to a decentralisation location in this and other Departments-agencies under the central applications facility, CAF. The CAF which was launched recently by the Civil Service Commission will facilitate further the planning of the decentralisation process and the initial information from the CAF will be submitted to the DIG. next month which in turn will make detailed recommendations to Government on the timetable for the various aspects of the programme as a whole.
My Department established an implementation committee which is headed by an Assistant Secretary to oversee all aspects of the programme. This committee is considering all aspects of the decentralisation process and will report on the key issues to the Secretary General and myself. I am satisfied that all the necessary measures will be taken to ensure that the decentralisation process is implemented in an economic and efficient manner for the administration of the services provided by my Department. This committee has also commenced the process of identifying and categorising the risks associated with decentralisation. The main risks are expected to come under the headings of service delivery, financial, human resources and accommodation. Proposals to deal with identified risks will be submitted to the Department's risk management committee and the audit committee. This process will be carried out in accordance with our now established procedures for risk management.
My Department's annual report will also deal with the issue of decentralisation along the lines required by the Mullarkey report. Freedom of information requests for access to any information which is not immediately made publicly available for any reason will in the normal course be dealt with under all the provisions of the Freedom of Information Acts 1997 and 2003.
96 Mr. J. Bruton asked the Minister for Agriculture and Food if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16859/04]
All relevant financial considerations are taken into account in the preparation and implementation of policy proposals in my Department as a matter of normal and ongoing practice. Where appropriate, these issues are drawn to my attention, in accordance with public financial procedures, as outlined in table 2 of the Mullarkey report.
The Department is, as part of its preparations for the implementation of decentralisation, taking full account of financial and other considerations. This includes an identification, categorisation and management strategy for the associated risks identified as part of the decentralisation process.
97 Mr. J. Bruton asked the Minister for Agriculture and Food the work done to date by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16874/04]
The charter setting out the roles and responsibilities of my Department's audit committee provides that the audit committee shall review and monitor the operation of the risk management framework and programme and advise both myself and the Secretary General on the extent and effectiveness of the process.
The audit committee is receiving quarterly reports on the risk management programme, and has provided advice as appropriate. Audit committee members have also participated in workshops on risk management in the Department.
99 Mr. J. Bruton asked the Minister for Agriculture and Food if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16904/04]
My Department has commenced the process of identifying and categorising the risks to the services provided by my Department that may arise from the Government's decentralisation programme. Work in this regard will be co-ordinated by my Department's decentralisation implementation committee and proposals will be submitted to both the risk management committee and my Department's audit committee.
100 Mr. Timmins asked the Minister for Agriculture and Food the position in relation to the status of the Irish feral goats in the Burren, County Clare; the plans there are to put in place legislation to protect these goats; and if he will make a statement on the matter. [16948/04]
I have no statutory responsibility for the protection of feral goats nor do I have a statutory basis on which I could introduce legislation for the protection of these animals. In so 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. The Department of the Environment, Heritage and Local Government also has responsibility for the habitats directive and for special areas of conservation, which may also have a relevance to this particular matter.
105 Ms Cooper-Flynn asked the Minister for Finance when the review of the qualifying criteria for primary medical certificate will be completed. [16686/04]
As stated in a reply to a previous parliamentary question, the interdepartmental report of the review group on the disabled drivers' and disabled passengers' (tax concessions) scheme is under consideration in my Department. The report is a substantive one and needs to be studied carefully. On completion of this process, I envisage that the report will be made available publicly. As the Deputy may be aware, in the context of debate in the Dáil on the Finance Bill 2004, I stated that I intended that the report would go to Government and would be published this year.
106 Mr. Crowe asked the Minister for Finance if the car tax exemption can be extended to the parents and carers of children with psychological disabilities like autism. [16716/04]
An interdepartmental review group was established to review the disabled drivers' and disabled passengers' (tax concessions) scheme. The group examined all aspects of the scheme including the qualifying medical criteria. I have received the report of the interdepartmental review group on the disabled drivers' and disabled passengers' (tax concessions) scheme and it is currently being considered. Any recommendations contained in this report in relation to the medical criteria and other conditions of the scheme will receive full consideration.
107 Mr. J. Bruton asked the Minister for Finance if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16845/04]
108 Mr. J. Bruton asked the Minister for Finance if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16860/04]
110 Mr. J. Bruton asked the Minister for Finance if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16890/04]
111 Mr. J. Bruton asked the Minister for Finance if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16905/04]
114 Mr. J. Bruton asked the Minister for Finance if the Secretary General of his Department has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long-term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16963/04]
I propose to take Questions Nos. 107, 108, 110, 111 and 114 together.
I assure the Deputy that the detailed decentralisation programme which I announced last December took account of all the advices I received as part of the extensive consultation with interested parties which followed my original announcement in December 1999 that the Government intended to embark upon a new programme of decentralisation. In addition to the representations I received from interested towns across the country and submissions from staff interests, the views of Departments and offices who had participated in the previous decentralisation programme were sought and received. In addition, the strategic management initiative implementation group of Secretaries General provided advice, at the request of the Government, on how implementation of the new programme could enhance the efficiency and effectiveness of the public service.
I appreciate all the advice I received in the four-year period leading up to my detailed announcement. However, as I have made clear on many occasions, decisions about the selection of organisations and locations for inclusion in the new programme were, ultimately, a matter for Ministers and the Government. I refer the Deputy to the summary of 2004 budget measures, page B.25, which sets out the wide range of factors which have been taken into account in reaching these decisions.
Immediately following my announcement of the new programme, I appointed an implementation group to prepare an overall implementation plan in co-operation with all of the organisations involved. In its first report of 31 March 2004, the group recommends that each organisation participating in the programme should prepare its own implementation plan and submit them to the group by the end of May 2004. These initial implementation plans will require further development as additional information emerges in relation to the people, property and business issues identified in the implementation group's report. However, I expect them to address issues such as service and business continuity, efficiency and effectiveness and financial implications. The plans must, in particular, incorporate specific risk assessment and mitigation strategies.
The question of publishing the implementation plans is a matter for each Minister. I can assure the Deputy, however, that I will be happy to arrange for the publication of my Department's plan and the plans of agencies under my Department's aegis, after they have been made available to the implementation group and to staff interests. In relation to the issue of public financial procedures generally, I can assure the Deputy that I am aware of the requirement in the public financial procedures for Accounting Officers to ensure that all relevant financial considerations are taken fully into account, and where necessary brought to the attention of Ministers, in relation to the preparation and implementation of policy proposals relating to expenditure or income. In addition there is an ongoing awareness in my Department of the type of risks identified in paragraph 6.31 of the report of the working group on the accountability of Secretaries General and Accounting Officers (the Mullarkey report). I can confirm that all of these issues are regularly addressed in my Department. The issue of risk is a standing item on the Department's audit committee agenda.
Finally, I want to make it clear that I am convinced decentralisation offers considerable benefits for the organisations involved, the communities to which they will be relocated, the staff that will transfer and the country as a whole. I fully support the statement in the implementation group's report:
It can be all too easy to list off the potential problems associated with decentralisation. The real challenge is to identify the issues arising from decentralisation and how they are to be tackled as opportunities for the future development of an even better public service.
109 Mr. J. Bruton asked the Minister for Finance the work completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16875/04]
Risk management is a standing item on the agenda for meetings of the Department's audit committee. Central guidance on risk management strategy has recently been made available by the Department of Finance. The Department of Finance is currently progressing its own internal risk management strategy. The audit committee will have an advisory role in relation to best practice on risk management for this Department. Since the beginning of this year the audit committee has requested that recommendations in internal audit reports be grouped according to risk. In addition, the audit committee has requested that the audit plans of the internal audit unit be based on risk assessment from 2005.
112 Mr. J. Bruton asked the Minister for Finance if he will publish the Accounting Officer’s memorandum issued to the Secretary General of his Department; and if this includes a responsibility to provide independent advice on the financial consequences and risks of Government policy initiatives. [16920/04]
My Department issued a memorandum on the role and responsibilities of Accounting Officers to the Accounting Officers of Departments and offices late last year. It does not include mention of a responsibility in the terms specified by the Deputy, though it does mention the requirement in my Department's document, Public Financial Procedures, that Accounting Officers should ensure that all relevant financial considerations are taken into account and, where necessary, brought to the attention of Ministers in regard to the preparation and implementation of policy proposals relating to expenditure or income. I am arranging to have copies of the memorandum placed in the Oireachtas Library and also to have it put up on my Department's website, www.finance.gov.ie.
113 Mr. Perry asked the Minister for Finance the tax liability that an old aged pensioner will be liable for on the sale of land to a non family member to the value of €100,000; and if he will make a statement on the matter. [16945/04]
I am advised by the Revenue Commissioners that if the land formed part of the grounds of up to one acre of the seller's principal private residence, there would be no liability to capital gains tax unless the sale was one of development land. Otherwise, as a general principle, the capital gain on the sale of land is taxable.
The capital gains tax liability of an old age pensioner on the sale of land to a non-family member for €100,000 will be computed by reference to the chargeable gain on the sale. The chargeable gain is essentially the excess of the sale proceeds, net of incidental costs of sale, over the allowable costs of acquisition of the land being sold. If there were no other chargeable gains in the year, this gain is then reduced by the annual personal exemption of €1,270 or €2,540 if the land is held in joint names with a spouse. The net chargeable gain is taxable at 20%. If the Deputy wishes to supply further details to the Revenue Commissioners a more precise reply can be given. In calculating the tax due, the following factors are relevant. Incidental costs of sale include legal and auctioneers costs.
The cost of valuations required to calculate the gain are also allowed. Allowable costs of acquisition include the actual cost of the land, inclusive of incidental costs. These are similar to the incidental costs incurred on sale and also include stamp duty. If the land was acquired by way of a gift or inheritance the cost of acquisition is its market value at the date of gift or death. If it was acquired prior to 6 April 1974, the market value at 6 April 1974 is substituted for the cost of acquisition. Expenditure wholly and exclusively incurred to enhance the land or to establish, preserve or defend title to or right over the land is also allowable. If the land being sold is part of a larger holding the allowable costs may need to be apportioned by reference to the part disposal rules. Allowable expenditure incurred before 1 January 2003 and more than 12 months prior to sale may be adjusted for inflation by reference to the date on which the expenditure was incurred. This relief is restricted if the sale is one of development land. Development land means land in the State the consideration for the disposal of which exceeds the current use value of that land at the time of sale. Retirement relief may be available if the land had been owned and used by the seller for the purposes of farming or a trade for a period of not less than ten years ending with the sale.
115 Mr. Eamon Ryan asked the Minister for Foreign Affairs if all paper used within his Department is from recycled sources; and if not the plans his Department has to change over to such stationery sources. [16713/04]
All paper used by my Department at headquarters is ordered on the basis of draw-down contracts entered into by the Government Supplies Agency. It is the policy of the Government Supplies Agency to use recycled paper wherever possible. All manila file covers and the majority of envelopes used by my Department are composed of 100% recycled paper. The envelopes also qualify for the blue angel logo which is an internationally recognised environmental accreditation.
My Department has previously ordered photocopy paper from recycled sources but, in addition to being more expensive than the non-recycled type, this has been found to be of inferior quality. Further efforts will be made, in consultation with the Government Supplies Agency, to source high-quality recycled photocopy paper at a competitive price.
With regard to departmental headed stationery, paper from non-recycled sources has been used to date. However, I am in the process of selecting a new style of letterhead for the Department. When this selection has been made, a new supplier will be chosen from the current Government Supplies Agency draw-down contract. It is my Department's intention at that stage to specify the maximum possible recycled content that meets the quality and price required. All EU Presidency stationery ordered by my Department has the maximum possible recycled content compatible with quality and durability.
116 Mr. Carey asked the Minister for Foreign Affairs the way in which Ireland’s Presidency of the EU can assist in the article 228 enforcement action brought on 4 March 2004 by the EU Commission against the Italian Republic for discrimination against foreign teaching staff in defiance of a Court of Justice ruling of 26 June 2001 in a case (details supplied); and if he will make a statement on the matter. [16773/04]
As the Deputy may be aware, the Government has expressed its concern at the discrimination experienced by foreign teaching staff in Italian universities and has made representations to this effect to the Italian authorities. The Government is continuing to monitor this issue closely and will undertake further representations as appropriate. Article 228 enforcement actions are a matter for the European Commission and the member state concerned. The Presidency of the Council, as such, does not have a role in this regard.
Ireland, as Presidency of the Council, has sought in general to advance the issue of labour mobility, with the aim of improving opportunities for workers taking up employment in other EU member states. To this end, the Irish Presidency secured political agreement in Council on the mutual recognition of professional qualifications and europass dossiers, both of which are intended to facilitate the recognition of educational and professional qualifications throughout the EU. It also finalised the reform of regulation 1408 which makes it easier for EU residents to access social security entitlements in other EU member states.
117 Mr. J. Bruton asked the Minister for Foreign Affairs if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16846/04]
118 Mr. J. Bruton asked the Minister for Foreign Affairs if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16861/04]
120 Mr. J. Bruton asked the Minister for Foreign Affairs if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16891/04]
121 Mr. J. Bruton asked the Minister for Foreign Affairs if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16906/04]
123 Mr. J. Bruton asked the Minister for Foreign Affairs if the Secretary General of his Department has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16964/04]
I propose to take Questions Nos. 117, 118, 120, 121 and 123 together.
The decentralisation implementation group, established last December by the Minister for Finance, recommended in its report of 31 March 2004 that each Department-agency participating in the decentralisation programme should prepare its own implementation plan for submission to the group by the end of May 2004. These initial implementation plans will require further development as additional information emerges in relation to the people, property and business issues identified in the implementation group's report.
The implementation plan of the Department of Foreign Affairs for the decentralisation of the development co-operation directorate, DCD, to Limerick is currently being finalised. It will address issues such as service and business continuity, efficiency and effectiveness and financial implications and will incorporate specific risk assessment and mitigation strategies.
The Department's implementation plan will be published after it has been made available to the implementation group, to the Department's audit committee and to staff interests. The Department's annual report will also take account of it. The plan will, of course, be available to the Comptroller and Auditor General. As the report will be published, the question of access under freedom of information would not seem to arise.
In relation to the issue of public financial procedures generally, I assure the Deputy that there is a high level of awareness in the Department of Foreign Affairs of the types of risks identified in paragraph 6.31 of the report of the working group on the accountability of Secretaries General and Accounting Officers, the Mullarkey report. In this regard, the Secretary General will be submitting the Department's implementation plan to me prior to its transmission to the implementation group.
119 Mr. J. Bruton asked the Minister for Foreign Affairs the work completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16876/04]
My officials have briefed the audit committee on progress to date in relation to the implementation of a risk management strategy in my Department. I understand that the committee intends to address the issue in more detail in the autumn.
122 Mr. G. Mitchell asked the Minister for Foreign Affairs if he will report on the representations he has made to his Spanish counterpart and to the Spanish authorities in relation to the death of a person (details supplied); if he will further report on the responses he has received to these representations; the further steps he intends to take to assist the family in the investigation of this person’s death; and if he will make a statement on the matter. [16956/04]
My Department, through the consular section, the Irish Embassy in Madrid and the Honorary Consulate in Las Palmas, has been providing extensive consular assistance to the family of the person in question since April 2003 when we became aware of the case. The person mentioned sustained fatal injuries on holiday in Gran Canaria on 27 April 2003 and died in Las Palmas General Hospital on 13 May 2003.
While he was being treated in the hospital, the Irish Ambassador in Madrid made representations to the director of health services for the Canary Islands to secure more extensive access to the intensive care unit of the hospital for the family. The Honorary Consul's assistant attended the hospital to act as a translator and provide general assistance to the family.
Following his death, the embassy and Honorary Consul continued their efforts on behalf of the family, providing the names of English-speaking lawyers, maintaining continuous contact with the investigating police, forwarding official medical reports and the autopsy, and the official police report to the family. Also during this time, the Honorary Consulate, the embassy and the consular section remained in direct contact with the person's family.
I understand the person's family sought the assistance of the Garda Síochána in September 2003. They interviewed a large number of Irish holidaymakers who were in Gran Canaria at the time of the incident. Subsequently, a Garda chief superintendent travelled to Gran Canaria to report on their efforts to the Spanish police. In addition, the Minister for Justice, Equality and Law Reform wrote to his Spanish counterpart about the case.
An inquest into the person's death was opened by Dublin City Coroner on 26 November 2003 and was adjourned until 26 February 2004 when it was further adjourned until 23 June 2004, when further evidence will be taken. At my request, the embassy in Madrid made formal representations to the Spanish Ministry of Foreign Affairs on 17 May 2004 requesting their assistance in expediting the transmission of a copy of the investigation file from the Spanish authorities which is required by the Garda authorities for this inquest hearing. Pending a judicial decision on the matter, police investigations are continuing. I assure the Deputy that my Department will continue to provide all possible consular assistance to the family.
124 Mr. McGuinness asked the Minister for Education and Science further to Parliamentary Question No. 398 of 29 April 2004 the action his Department is taking to provide full-time education for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [16638/04]
The Deputy will be aware of the general position concerning the enrolment of pupils in second level schools, which I outlined in my reply to Parliamentary Question No. 398 of 27 April 2004. An application to enrol the student referred to by the Deputy has been made to Scoil Aireagail, Ballyhale. However, I understand that no decision has been made on this application. An educational welfare officer of the National Educational Welfare Board is maintaining contact with the child's family. My Department has not received an application for additional resources from this school in respect of the student in question.
125 Dr. Upton asked the Minister for Education and Science if he will give consideration to school building work for a school (details supplied) in Dublin 8. [16688/04]
When I published the 2004 school building programme I outlined that my strategy would be grounded in capital investment based on multi-annual allocations. My officials are reviewing all projects, which were not authorised to proceed to construction as part of the 2004 school building programme, with a view to including them as part of a multi-annual school building programme from 2005 onwards. The proposed project for the school to which the Deputy refers will be included in this review. I expect to be in a position to make further announcements in this matter later this year.
126 Mr. S. Ryan asked the Minister for Education and Science if he proposes to increase the transport grant which may be paid to parents and guardians of a child to assist with the cost, including fuel, maintenance, car depreciation and work arrangements, in view of the fact that the rate has not been increased recently. [16690/04]
The allocation for school transport has more than doubled since 1997 and this year's allocation is €110.471 million. The cost of providing school transport will be kept under review in the context of the above allocation and next year's Estimates.
127 Mr. S. Ryan asked the Minister for Education and Science if his attention has been drawn to the difficulty being experience by parents and volunteers who have established branches of the Dyslexia Association of Ireland for the purpose of setting up workshops to meet the educational needs of their children, with regard to the tax affairs of individual teachers and the extra workload that this would entail; if he will endeavour to arrive at a solution that would exempt voluntary groups from having to carry out these new requirements; the possibility of the Department of Educational and Science accepting responsibility as the employer of the teachers similar to the way the VEC’s cater for teachers working with adults with reading and writing difficulties; and if he will report on this issue. [16691/04]
My Department has no plans to assume responsibility as employer for the teachers engaged by the Dyslexia Association of Ireland. Issues relating to the tax affairs are a matter between the Dyslexia Association and the individual teachers concerned. The question of exempting voluntary groups from tax requirements is a matter for the Revenue Commissioners and my Department would have no role in this.
The Deputy may be interested to know that my Department is currently developing a weighted system of allocation of teaching support for schools to cater for pupils with special needs, including those with dyslexia. This system, as part of which an additional 350 teaching posts will be allocated, will involve two main elements: making a staffing allocation to schools based on a predicted incidence of pupils with special educational needs; and making individual allocations in the case of children with more acute lower prevalence special educational needs.
It is expected that the change to a weighted system will bring with it a number of benefits. The new system will: reduce the need for individualised educational psychological assessment; reduce the volume of applications to my Department for additional resources for individual pupils; and give greater flexibility to schools, which will facilitate the development and implementation of improved systems and procedures in schools to meet the needs of pupils with low achievement and pupils with special educational needs.
Transitional arrangements for the introduction of the weighted system are being developed in consultation with representative interests. As soon as those consultations have been completed, the detailed arrangements will be set out in a circular to be issued to schools before the end of the current school year.
128 Ms Enright asked the Minister for Education and Science if his attention has been drawn to the fact that a portion of the ceiling in a school (details supplied) in County Offaly, including plaster and stones from the wall above, collapsed in May 2004, landing on the teacher’s desk and scattering debris around the room; if he intends to provide emergency funding to rectify this problem over the summer; and if he will make a statement on the matter. [16692/04]
An application for grant aid to have roof repairs carried out at the school referred to by the Deputy is currently being considered by my Department's school building section and the school authorities will be contacted in the near future on the matter.
129 Ms Enright asked the Minister for Education and Science the status of an application by a school (details supplied) in County Offaly, for the provision of accommodation for a resource and learning support teachers; if he has examined the feasibility of converting premises on the school property for this purpose; and if he will make a statement on the matter. [16693/04]
When I published the 2004 school building programme, I outlined that my strategy would be grounded in capital investment based on multi-annual allocations. My officials are reviewing all projects, which were not authorised to proceed to construction as part of the 2004 school building programme, with a view to including them as part of a multi-annual school building programme from 2005 onwards. The proposed project for the school to which the Deputy refers will be included in this review. I expect to be in a position to make further announcements in this matter later this year.
130 Mr. O’Dowd asked the Minister for Education and Science the position regarding the proposed amalgamation of Scoil Mhuire Fatima, Dublin Road, Drogheda and St Mary’s boys national school, Congress Avenue, Drogheda; and if he will make a statement on the matter. [16694/04]
Initial negotiations have taken place with the trustees regarding a possible amalgamation of Scoil Mhuire Fatima and St. Mary's boys national school in Drogheda. However, no firm decision has been taken in this regard. The matter will be the subject of further discussions with the trustees in the near future.
131 Mr. Nolan asked the Minister for Education and Science when approval will be granted to a school (details supplied) in County Carlow for an extension in view of the chronic overcrowding being experienced; and if he will make a statement on the matter. [16695/04]
The large scale building 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 project is at stage 4, detail design, of architectural planning. It has been assigned a band 3 rating by my Department in accordance with the published criteria for prioritising large scale projects.
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 the school in question. I will make a further announcement in that regard during the year.
132 Mr. McCormack asked the Minister for Education and Science the plans he has for the building of a secondary school in the Knocknacarra area to cater for this rapidly expanding area in Galway city; and if he will make a statement on the matter. [16696/04]
My Department has no immediate plans to develop a post-primary school in the Knocknacarra area. However, officials in the school planning section of my Department will be monitoring developments in the Galway City area generally, with a view to making timely arrangements to meet any demands for post-primary places which may emerge in the future.
133 Ms Burton asked the Minister for Education and Science if his attention has been drawn to the ongoing problem of serious vandalism attacks, including attempts to set fires at a school (details supplied) in Dublin 15; the assistance his Department can given to the school to take measures to improve security at the school; and when the promised extension and refurbishment of the school will proceed. [16697/04]
The works referred to by the Deputy come under the scope of the summer works scheme. While the school authority did not make an application under the 2004 scheme, it is open to it to apply under the scheme for 2005. I will be announcing details of the new scheme later this year.
With regard to the proposed large-scale building project for the school, this is listed in section 9 of the 2004 school building programme which is published on my Department's website. The project is in early stages of architectural planning and will be progressed to the next stage of architectural planning this year.
When I published the 2004 school building programme I outlined that my strategy would be grounded in capital investment based on multi-annual allocations. My officials are reviewing all projects, which were not authorised to proceed to construction as part of the 2004 school building programme, with a view to including them as part of a multi-annual school building programme from 2005 onwards. This approach will provide clarity as to when schools can expect their projects to be delivered. The proposed project for the school to which the Deputy refers will be included in this review. I expect to be in a position to make further announcements in this matter later this year.
134 Mr. Stagg asked the Minister for Education and Science if, in view of the health problems identified in children’s health nationally, he will review the instruction issued to St Condan’s primary school, Naas, County Kildare, to use its physical education hall for classroom space; if he will grant-aid the provision of temporary accommodation for purchase or rent; and if he will make a statement on the matter. [16750/04]
I assume the Deputy is referring to St. Corban's primary school, Naas. The school planning section has considered all applications for temporary accommodation for 2004. A list of successful applicants has been published on my Department's website at www.education.ie. In the context of available funding and the number of applications for that funding, it was not possible to approve all applications received and only those with an absolute and demonstrated need for additional accommodation were approved. The school in question will be required to maximise existing accommodation until my Department is in a position to provide additional facilities.
135 Mr. Durkan asked the Minister for Education and Science the steps he intends to take to address the issue of school bullying in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16751/04]
My Department is not aware of any allegations of bullying in respect of this pupil. In general, individual school management authorities are responsible for implementing effective policies to counter bullying in schools. In 1993, my Department issued a circular, Guidelines on Countering Bullying Behaviour, to all primary and post-primary schools. The purpose of the guidelines was to assist schools in devising school based measures to prevent and deal with instances of bullying behaviour and to increase awareness of the problem among school management authorities, staff, pupils and parents.
A further circular in 1994 reminded school authorities of their responsibility in formulating a written code of behaviour and discipline, which should include specific measures to counter bullying behaviour. The National Educational Psychological Service is also available as a support service to schools as regards individual students who encounter difficulties.
136 Mr. Durkan asked the Minister for Education and Science if an early decision can be made for provision of a school support teacher for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16752/04]
138 Mr. Durkan asked the Minister for Education and Science if and when a resource teacher or teachers aid will be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16754/04]
I propose to take Questions Nos. 136 and 138 together.
I confirm that on 5 February 2004 my Department received an application for special educational resources, SER, for the pupils referred to by the Deputy, who are due to commence school on 1 September 2004. The school in question currently has the services of one full-time and one part-time resource teacher and one learning support teacher and two special needs assistants. The position is that SER applications received between 15 February and 31 August 2003 are being considered. In all, more than 5,000 such applications were received. Priority was given to cases involving children starting school last September and all these cases were responded to at or before the commencement of the current school year.
The balance of more than 4,000 applications has been reviewed by a dedicated team comprising members of my Department's inspectorate and the National Educational Psychological Service, NEPS. These applications are being further considered in the context of the outcome of surveys of SER provision conducted over the past year and the data submitted by schools as part of a nationwide census of SER provision.
The processing of the applications is a complex and time consuming operation. However, my Department is endeavouring to have this completed as quickly as possible and my officials will then respond to all applicant schools. Pending a response, schools are advised to refer to circular 24/03, which issued in September 2003. This circular contains practical advice on how to achieve the most effective deployment of resources already allocated for special educational needs within the school.
In the case of teacher resources, the outcome for each applicant school will be based on a new weighted system of allocation which I announced recently. This system, as part of which an additional 350 teaching posts will be allocated, will involve two main elements: making a staffing allocation to schools based on a predicted incidence of pupils with special educational needs; and making individual allocations in the case of children with more acute lower prevalence special educational needs.
It is expected that the change to a weighted system will bring with it a number of benefits. The new system will: reduce the need for individualised educational psychological assessment; reduce the volume of applications to my Department for additional resources for individual pupils; and give greater flexibility to schools, which will facilitate the development and implementation of improved systems and procedures in schools to meet the needs of pupils with low achievement and pupils with special educational needs.
Transitional arrangements for the introduction of the weighted system are being developed in consultation with representative interests. As soon as those consultations have been completed, the detailed arrangements for processing applications for resources, including those for special needs assistants and those received after 31 August last, will be set out in a circular to be issued to schools before the end of the current school year.
137 Mr. Durkan asked the Minister for Education and Science when he expects to be in a position to provide extra facilities urgently required at Scoil Chearbhaill Ui Dhalaigh, Leixlip, County Kildare; if new temporary prefabs will be provided in the current year to replace the existing ones; and if he will make a statement on the matter. [16753/04]
The school planning section has considered all applications for temporary accommodation for 2004. A list of successful applicants has been published on my Department's website at www.education.ie. In the context of available funding and the number of applications for that funding, it was not possible to approve all applications received and only those with an absolute and demonstrated need for extra accommodation were approved. The application from Scoil Chearbhaill Ui Dhalaigh was not successful on this occasion because the provision of temporary accommodation to meet shortfalls was given a higher priority than the replacement of existing accommodation.
139 Mr. Timmins asked the Minister for Education and Science the position with regard to the appointment of a remedial teacher for a school (details supplied) in County Carlow; if this appointment can be made as a matter of urgency; and if he will make a statement on the matter. [16775/04]
The school in question currently has the service of a shared learning support teacher. My Department is reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have initiated discussions on the matter with representative interests. At this stage, it would be premature to anticipate the outcome. I wish to point out, however, that the basic purpose of that review is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.
140 Mr. J. Bruton asked the Minister for Education and Science if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16847/04]
143 Mr. J. Bruton asked the Minister for Education and Science if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16892/04]
149 Mr. J. Bruton asked the Minister for Education and Science if the Secretary General of his Department has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16965/04]
I propose to take Questions Nos. 140, 143 and 149 together.
Following from the recommendations contained in the first report of the decentralisation implementation group, each Department and agency has been asked to draw up initial implementation plans. These plans will address, among other issues, the risks associated with decentralisation and the means of mitigating those risks. The plans are being prepared both within my Department and by the agencies operating under its aegis and when completed, all of the material will be sent, through the Department of Finance, to the decentralisation implementation group.
My Department's annual report for 2003 is being drafted. It is not proposed to include an analysis of, or material on decentralisation in the 2003 annual report. It is intended that these matters will be addressed in reports for subsequent years as the programme of decentralisation is implemented.
My Department has set up a decentralisation group which will report regularly to the Secretary General and the management advisory committee of my Department on all issues relating to decentralisation, including issues relating to the business impact of the programme and the potential for rationalising existing business processes within my Department. Any matters arising from the work of this group will be brought to my attention on an ongoing basis.
141 Mr. J. Bruton asked the Minister for Education and Science if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16862/04]
Section A5 of "Public Financial Procedures" states as follows:
An Accounting Officer should ensure that all relevant financial considerations are taken fully into account, and where necessary brought to the attention of Ministers, in relation to the preparation and implementation of policy proposals relating to expenditure or income for which he or she is Accounting Officer.
I am satisfied that the Accounting Officer of my Department is complying with these requirements.
142 Mr. J. Bruton asked the Minister for Education and Science the work completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16877/04]
144 Mr. J. Bruton asked the Minister for Education and Science if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16907/04]
I propose to take Questions Nos. 142 and 144 together.
In accordance with the recommendations of the Mullarkey report — the working group on the accountability of Secretaries General and Accounting Officers — the Secretary General in consultation with the management advisory committee of my Department arranged for the formation of an audit committee. Arrangements were in train to hold the first meeting of this audit committee when the chairperson indicated that due to changed personal circumstances he was no longer in a position to undertake the task. The Department is in the process of seeking a new independent chair for this committee.
145 Ms Enright asked the Minister for Education and Science the reason his Department has not yet answered a letter sent to it in 2001 concerning the TS system of art teacher training, although he confirmed in November 2003 (details supplied) that a response would issue shortly; and if he will make a statement on the matter. [16937/04]
I am having this matter investigated in my Department and I will write directly to the Deputy.
146 Mr. G. Mitchell asked the Minister for Education and Science if a Gaelscoil (details supplied) in County Dublin will be provided with adequate and proper accommodation; and if he will make a statement on the matter. [16938/04]
My Department is considering options to address the long-term accommodation needs of the Gaelscoil to which the Deputy refers, including the option to acquire a site for the school. In this regard, the property management section of the Office of Public Works is acting on behalf of my Department regarding site acquisitions generally and is exploring the possibility of acquiring a site for the school.
Due to the commercial sensitivities of site acquisitions, the Deputy will appreciate that I cannot comment on specific site purchase issues. However, the information will be placed on my Department's website when the relevant acquisitions have been completed.
147 Ms Enright asked the Minister for Education and Science the progress that is being made on the application for a temporary prefabricated building to cater for one class at a school (details supplied); and if he will make a statement on the matter. [16939/04]
The school planning section of my Department has considered all applications for temporary accommodation. In the context of the available funding and the number of applications for that funding, it was not possible to approve all applications received and only those with an absolute and demonstrated need for additional accommodation were approved. The application from the school referred to by the Deputy was not successful on this occasion.
The need for accommodation at the school will be considered in the context of a review being undertaken of all projects which did not proceed to construction as part of the 2004 school building programme with a view to including it as part of a multi-annual school building programme from 2005 onwards. I expect to be in a position to make further announcements in this matter later this year.
148 Ms Enright asked the Minister for Education and Science the progress that is being made on the provision of additional school buildings and resources at a school (details supplied) in County Dublin in view of the commitments in a Department letter published in May 2002; and if he will make a statement on the matter. [16940/04]
The large-scale building 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 project is at stage 3, developed sketch scheme, 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 the school referred to by the Deputy. I will make a further announcement in that regard during the year.
150 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the role his Department has with regard to the granting of foreshore licences; if his attention has been drawn to an application for a foreshore licence by Lough Swilly Yacht Club for the construction of housing units at Fahan, County Donegal; if the granting of a foreshore licence for such a facility is in breech of the county development plan and would set a precedent for a spate of development on the beautiful beaches and foreshores of the Inishowen Peninsula; and the consultation that is required for such a foreshore application being put in with existing members of the public who may use the foreshore in the area for leisure and recreation purposes. [16676/04]
Development of the type referred to by the Deputy may not be carried out on foreshore unless authorisation is granted in accordance with the Foreshore Acts 1933 to 2003. No application for, authorisation under those Acts has been received by my Department in respect of a development at the location in question.
In the event that an application is made to my Department, all matters relating to the proposal, including its possible impact on the location in question, would be considered carefully. Public notice would be given of the application and there would be opportunity for members of the public and interested bodies to examine plans and particulars and to make submissions to my Department.
151 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the investigations that have been carried out by his Department to examine the possible use of by-products from the fishing industry for bio-energy generation. [16677/04]
Bord Iascaigh Mhara, BIM, has been involved in several research and development projects in recent years, investigating the potential of by-products from commercial fisheries and fish species for medicinal use and for use as bait in crab and lobster fisheries. A substantial quantity of by-products from the fishing industry is currently recycled as fishmeal.
In December 2003 my Department, in association with Sustainable Energy Ireland established a bio-energy strategy group — BSG — to consider the policy options and support mechanisms available to stimulate increased use of biomass for energy conversion. While the Department has not carried out any specific investigations on the potential of fish processing residues for the production of energy, the BSG is considering the potential of anaerobic digestion for the conversion of bio-degradable feed stocks to energy and such feed stocks could include fish processing residues. The BSG is scheduled to complete its final report before the end of the year.
152 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the length in kilometres of new metropolitan area networks introduced to date is using existing fibres provided by private telecommunications companies. [16679/04]
Fibre optic cable, ducting and chamber covers for all of the 19 metropolitan area networks being constructed under the regional broadband programme were centrally procured by my Department from single suppliers to ensure uniformity of standard. None of the optic fibre used in the construction of the MANs was provided by any private telecommunications company.
153 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the financing and construction arrangements for the design and construction of the addition of the proposed Bellanaboy gas pipeline to the national gas pipeline network. [16680/04]
156 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the body which is funding the construction of the pipeline which will connect the proposed gas terminal at Bellanaboy to the existing national grid. [16683/04]
I propose to take Questions Nos. 153 and 156 together.
The question of the construction and design of the proposed Mayo-Galway pipeline is in the first instance a commercial matter for the Corrib partners and gas infrastructure providers and is contingent on the Corrib partners obtaining planning permission for the on-shore gas terminal at Bellanaboy. While the Corrib partners reached agreement with Bord Gais Éireann in 2000 with regard to the construction of pipeline, no progress was made due to planning issues concerning the gas terminal.
In the event of Bord Gais Éireann carrying out the construction, the capital expenditure involved would have to be approved by me subject to the consent of the Minister for Finance. Apart from that, I have no function in this matter.
154 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if any of our State power companies or national grid companies have been involved in tendering for work in the restoration or maintenance of electrical power systems in Iraq; if presentations have been made by members of the ESB to US officials with regard to such work; and if there are guidelines which have been issued to semi-State Irish companies on future work that might be carried out in Iraq. [16681/04]
The matter of ESB tendering for work abroad or making presentations in that regard is a day to day matter for the company and not one in which I have a function. I am not aware of any guidelines of the type mentioned by the Deputy.
155 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if his Department was aware of reports that lice levels in the Killary Salmon Farm area in County Galway in February 2004 were greatly in excess of the levels permitted under the licensing agreement and under State protocol; the action his Department has taken on the follow up to such reported levels; and the enforcement action that has been taken by his Department in its role as licenser for salmon farms in this particularly sensitive area. [16682/04]
As I indicated in my reply to the Deputy's Questions Nos. 183 and 184 of 4 May 2004, my Department and the Marine Institute have been actively engaged with the operators of the fish farm in question in dealing with the elevated levels of sea lice that were detected there. This work is ongoing and all necessary and appropriate steps will be taken to deal with the matter. If there was a failure on the part of a farm operator to comply with relevant requirements for the control of sea lice or to co-operate in taking the action necessary to control lice levels, the question of taking action against the operator would fall to be considered.
157 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the body which owns the fishing rights for the Blackwater river, for one kilometre either side of Fermoy Bridge. [16684/04]
Neither my Department nor the Central Regional Fisheries Board have any records on file which would indicate who owns the fishing rights for the particular area referred to by the Deputy.
158 Mr. J. Bruton asked the Minister for Communications, Marine and Natural Resources if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16848/04]
161 Mr. J. Bruton asked the Minister for Communications, Marine and Natural Resources if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16893/04]
I propose to take Questions Nos. 158 and 161 together.
My Department is finalising its initial decentralisation implementation plan, which will be submitted to the implementation group shortly. The plan will include an initial assessment of the risks and risk mitigation strategies. Progress on implementation of the plan, including risk mitigation, will be reported on in the Department's annual report for 2004. Similar implementation plans are being drawn up by an Bord Iascaigh Mhara, the Central Fisheries Board and Sustainable Energy Ireland, the bodies under the aegis of the Department which are part of the decentralisation programme.
My Department's initial implementation plan will be circulated to all staff, the partnership committee and unions and published, and placed on our website after it has been submitted to the decentralisation implementation group. It will be updated as required.
159 Mr. J. Bruton asked the Minister for Communications, Marine and Natural Resources if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16863/04]
163 Mr. J. Bruton asked the Minister for Communications, Marine and Natural Resources if the Secretary General of his Department has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16966/04]
I propose to take Questions Nos. 159 and 163 together.
My Department is currently preparing its initial implementation plan for the decentralisation programme which, inter alia, addresses financial management and control perspectives, taking account of public financial procedures and the responsibilities of the Accounting Officer. It also takes account of the relevant financial considerations inherent in progressing the decentralisation plans for my Department. The plan will also outline the Department’s approach to business process review with a view to delivering enhanced efficiency and service delivery as part of the process of decentralisation.
160 Mr. J. Bruton asked the Minister for Communications, Marine and Natural Resources the work completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16878/04]
My Department's audit committee, which includes four external members, has been fully briefed in relation to the roll-out of the Department's risk management strategy in accordance with the recommendations of the Mullarkey report and will examine and monitor its implementation during the second half of 2004.
162 Mr. J. Bruton asked the Minister for Communications, Marine and Natural Resources if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out.[16908/04]
My Department's decentralisation implementation plan, which includes risk assessment and mitigation strategies, will be forwarded to the Department's audit committee for review and any advice it may like to provide to the Secretary General in his role as Accounting Officer.
164 Mr. Durkan asked the Minister for Arts, Sport and Tourism if a person (details supplied) is likely to be facilitated by decentralisation proposals with a view to transfer to the Department of Agriculture and Food from the Department of Arts, Sports and Tourism and who applied for same more than one year ago; and if he will make a statement on the matter. [16755/04]
As the Deputy will be aware, the central applications facility — CAF — was launched on 12 May 2004 to facilitate all staff in the Civil Service or in agencies designated for decentralisation who wish to relocate to one of the decentralised locations.
Although the individual referred to in the Deputy's question, who currently serves in my Department, has already applied for a transfer to the Department of Agriculture and Food in Portlaoise, she must also apply through the CAF in accordance with the agreed procedures. I understand that the results of the CAF will not be available until early July and I am not yet, therefore, in a position to say whether the individual in question is likely to be facilitated.
165 Mr. J. Bruton asked the Minister for Arts, Sport and Tourism if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16849/04]
166 Mr. J. Bruton asked the Minister for Arts, Sport and Tourism if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16864/04]
168 Mr. J. Bruton asked the Minister for Arts, Sport and Tourism if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16894/04]
169 Mr. J. Bruton asked the Minister for Arts, Sport and Tourism if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16909/04]
170 Mr. J. Bruton asked the Minister for Arts, Sport and Tourism if his Secretary General has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16967/04]
I propose to take Questions Nos. 165, 166 and 168 to 170, inclusive, together.
As the Deputy will be aware, the decentralisation implementation group, chaired by Mr. Phil Flynn, in its first report dated 31 March 2004, recommended that each organisation participating in the decentralisation programme should prepare its own implementation plan and submit it to the group. Officials in my Department are finalising the Department's initial implementation plan, which will address the main issues arising from the decentralisation of the Department to Killarney. The plans will be further developed as additional information becomes available in respect of the issues relating to people, property and business, as identified in the Flynn report.
The plan identifies the main risks associated with the move and outlines strategies to mitigate such risks. The Secretary General of my Department is particularly conscious of the issues, such as service and business continuity, efficiency and effectiveness and financial implications, and intends that strategies will be put in place to minimise any such risks. I am happy to arrange for the publication of my Department's plan and the plans of the agencies under my Department's aegis as soon as possible after the plans have been made available to the implementation group and to staff interests.
As regards the issue of public financial procedures generally, I assure the Deputy that along with the management advisory committee — MAC — in my Department, I review all ongoing programmes and potential future activities on a regular basis. As required in the public financial procedures, the Secretary General and officials of my Department provide me with full and comprehensive briefing, including relevant financial considerations, regarding the preparation and implementation of policy proposals relating to expenditure. In addition, there is an ongoing awareness in my Department of the type of risks identified in paragraph 6.31 of the report of the working group on the accountability of Secretaries General and Accounting Officers, the Mullarkey report. I confirm that all of these issues are regularly addressed in my Department.
I would have no difficulty in ensuring that my Department's annual report for 2004 will contain an assessment of the risks associated with decentralisation and the strategies that my Department proposes to overcome such risks.
167 Mr. J. Bruton asked the Minister for Arts, Sport and Tourism the work done to date by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16879/04]
One of the matters considered by the internal audit committee at its inaugural meeting earlier this year was the development of the Department's risk management strategy. The committee endorsed the preliminary work undertaken in introducing risk assessment and management across the Department and put forward a number of recommendations for management's consideration.
171 Mr. McGuinness asked the Minister for Health and Children if he will approve a design team for the development of the site at a hospital (details supplied) in County Kilkenny which was requested some time ago by the South Eastern Health Board; if the briefs for the site developments submitted by the South Eastern Health Board have been examined and approved by the Department; and if he will expedite a decision in the case. [16639/04]
The South Eastern Health Board has submitted to my Department a brief for a proposed capital development at St. Luke's Hospital, Kilkenny. The brief and the question of the appointment of a design team for the proposed development is being considered by my Department and the South Eastern Health Board in the context of determining new capital projects to be prioritised nationally over the next few years, in line with the overall funding resources available.
172 Mr. McGuinness asked the Minister for Health and Children if the appointment of a health care training officer as announced at the Phelbotomists Association of Ireland AGM in March 2003 will be approved; if he has been in touch with the ERHA regarding the selection process; and if he will make a statement on the matter. [16640/04]
My Department has approved the appointment of a health care training and development officer for phlebotomy to be employed in the National Ambulance Training School. Responsibility for all matters related to the recruitment and the selection process for the officer rests with the Eastern Regional Health Authority.
173 Mr. McGuinness asked the Minister for Health and Children if a bed will be arranged as a matter of urgency for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [16685/04]
Responsibility for the provision of services for residents of County Kilkenny is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply directly to the Deputy.
174 Mr. S. Ryan asked the Minister for Health and Children if in view of the long waiting lists for orthodontic treatment his proposals to deal with the problem; and if he will report on the possibility of providing grant aid for parents who feel in the interest of the health of their children that they must seek private treatment. [16714/04]
The provision of orthodontic services is a matter for the health boards-authority in the first instance. I am pleased to advise the Deputy that I have taken a number of measures to improve orthodontic services on a national basis.
The grade of specialist in orthodontics has been created in the health board orthodontic service. In 2003, my Department and the health boards funded 13 dentists from various health boards for specialist in orthodontics qualifications at training programmes in Ireland and at three separate universities in the United Kingdom. These 13 trainees for the public orthodontic service are additional to the six dentists who commenced their training in 2001. Thus, there is an aggregate of 19 dentists in specialist training for orthodontics. These measures will complement the other structural changes being introduced into the orthodontic service, including the creation of an auxiliary grade of orthodontic therapist to work in the orthodontic area.
Furthermore, the commitment of the Department to training development is manifested in the funding provided to both the training of specialist clinical staff and the recruitment of a professor in orthodontics for the Cork Dental School. This appointment at the school will facilitate the development of an approved training programme leading to specialist qualification in orthodontics. The chief executive officer of the Southern Health Board has reported that the professor commenced duty on 1 December 2003. In recognition of the importance of this post at Cork Dental School my Department has given approval in principle to a proposal from the school to further substantially improve the training facilities there for orthodontics. This project should see the construction of a large orthodontic unit and support facilities and will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.
Orthodontic initiative funding of €4.698 million was provided to the health boards-authority in 2001. This has enabled health boards to recruit additional staff, engage the services of private specialist orthodontic practitioners to treat patients and build additional orthodontic facilities.
In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health boards-authority specifically for the purchase of orthodontic treatment. This funding is enabling boards to provide both additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners.
The Northern Area Health Board of the Eastern Regional Health Authority previously proposed a grant in aid scheme for orthodontic treatment similar to that referred to by the Deputy. However, the board received legal advice to the effect that such a scheme would conflict with the statutory provisions of the Health Act 1970.
As part of the implementation process for the national health strategy, a review of all existing eligibility legislation is being undertaken in my Department. Arising from this review, legislation will be drafted to clarify and simplify eligibility and entitlements to health services in line with the goals and objectives set out in the strategy.
The chief executive officers of the health boards-authority have informed my Department that at the end of the March quarter 2004, 21,033 children were receiving orthodontic treatment in the public orthodontic service. This means nearly twice as many children are receiving orthodontic treatment as are waiting to be treated and almost 4,000 extra children have been receiving treatment from health boards-authority since the end of 2001.
175 Mr. Connaughton asked the Minister for Health and Children if a grant will be awarded to a person (details supplied) in County Galway to revamp their van to install a special seat to allow them to transport their child; and if he will make a statement on the matter. [16715/04]
The provision of aids and appliances to people with disabilities in any individual case is a matter for the relevant health board. My Department has, therefore, asked the chief executive officer of the Western Health Board to investigate the case and reply directly to the Deputy as a matter of urgency.
176 Ms Enright asked the Minister for Health and Children when he anticipates the kidney dialysis unit at Tullamore General Hospital, which is fully equipped, will be up and running; and if he will make a statement on the matter. [16717/04]
177 Ms Enright asked the Minister for Health and Children when a nephrologist will be appointed to the kidney dialysis unit at Tullamore General Hospital; and if he will make a statement on the matter. [16718/04]
I propose to take Questions Nos. 176 and 177 together.
Responsibility for the provision of services at the Midland Regional Hospital at Tullamore rests with the Midland Health Board. My Department has, therefore, asked the chief executive officer of the board to investigate the position in this case and to reply to the Deputy directly.
178 Dr. Upton asked the Minister for Health and Children if appropriate social work resources will be devoted to a location (details supplied) to address a daily problem of street drinking by large groups, in particular the presence of children; and if he will make a statement on the matter. [16720/04]
Responsibility for the matter referred to by the Deputy rests with the South Western Area Health Board and Eastern Regional Health Authority. Accordingly, my Department has asked the chief executive officer of the authority to reply directly to the Deputy.
179 Mr. Stagg asked the Minister for Health and Children if his attention has been drawn to the case of a person (details supplied) in County Kildare; when this person can expect to be treated; the reason the person has not been put forward for the treatment purchase scheme; and if he will make a statement on the matter. [16741/04]
Responsibility for the provision of health services to persons residing in counties Dublin, Kildare and Wicklow rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and to reply to him directly.
180 Mr. Carey asked the Minister for Health and Children the position regarding discussions between his Department and health boards and the professional bodies representing chiropodists in regard to the additional charges being levied by them on medical card holders; and if he will make a statement on the matter. [16742/04]
There has been no formal request for a meeting from any of the professional bodies which represent chiropodists on this matter. Health boards are not legally obliged to provide chiropody services. However, arrangements for the provision of services, including chiropody, are a matter for the individual health boards to make having regard to their priorities within the funding allocated. Accordingly, chiropody services provided by health boards vary somewhat throughout the country. Any contractual arrangements are between the relevant health board and the service provider. However, my Department has indicated its disapproval of the practice of levying an additional charge by the chiropodists in some board areas and discussions are taking place in this regard with the Eastern Regional Health Authority.
181 Mr. R. Bruton asked the Minister for Health and Children if he is satisfied with the system for assessing the suitability of parents to adopt; the typical length of time it takes to complete the necessary assessments; and if he has proposals to streamline the system in order that it can be completed more quickly. [16743/04]
A standardised framework for inter-country adoption assessment was introduced in 1999 to streamline assessments and to provide a transparent system centred on the child's best interests. When introduced, the framework was welcomed by health boards and prospective adopters, and it is regarded very highly in countries from which Irish people adopt. The framework is being implemented nationally. The length of time it takes to complete the necessary assessment is a matter for each individual health board.
182 Ms O. Mitchell asked the Minister for Health and Children if his attention has been drawn to research being carried out here into motor neurone disease; and if grants are available for such research. [16744/04]
My Department understands that the Health Research Board is funding a study directly related to motor neurone disease. The board welcomes grant applications for high quality research in all areas of health.
183 Ms B. Moynihan-Cronin asked the Minister for Health and Children the reason his Department has reneged on a commitment to students of the doctorate in clinical psychology to pay full fees for their course; if his attention has been drawn to the hardship these students are experiencing; if he will consider having the full fees paid as agreed with the colleges in September 2003 under the new bursary model; and if he will make a statement on the matter. [16745/04]
No agreement was made or commitment given by my Department to higher education institutions or any other party for the payment of full fees for students undertaking doctoral studies in clinical psychology. The terms of the model agreed jointly by my Department with the health boards' directors of human resources group to assist students in undertaking postgraduate training in clinical psychology provides for each student a contribution towards fees of €6,000 on an annual basis for the three years of the course in addition to a bursary payment of €18,000 per annum. I understand that this level of financial support compares favourably with that available to postgraduate students generally. The current model was adopted to support the implementation of a key recommendation of the joint review group on psychological services in the health services to substantially increase the number of postgraduate training places in clinical psychology to meet human resource requirements for the health service while securing the best return on the significant resources currently invested in this training area.
184 Mr. Stagg asked the Minister for Health and Children the reason for the delay in arranging transport for a person (details supplied) in County Kildare to attend the Genic training centre in Maynooth, County Kildare; and if the required transport will be put in place. [16746/04]
The provision of health services, including the provision of rehabilitative training, to people with a physical and-or sensory disability is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the chief executive officer of the authority with a request that he investigate the matter and reply directly to the Deputy as a matter of urgency.
185 Mr. J. Bruton asked the Minister for Health and Children when the Hanly 2 report will be published; the status of Navan hospital under the terms of this report; and if he will make a statement on allegations by the Health Services Action Group that Navan hospital will be amalgamated with Blanchardstown hospital. [16747/04]
The report of the national task force on medical staffing, Hanly report, makes specific recommendations for reorganising hospitals in two health board areas — the east coast and mid-west — and sets out a series of principles for the future organisation of hospital services nationally. The current and future role of all acute hospitals including Navan General Hospital will be examined by the acute hospitals review group as part of the preparation of a national hospitals plan. The plan will take account of the recommendations of the national task force, including spatial, demographic and geographic factors. The review group has not met because of the consultants' continuing industrial action. I again ask all parties to return to the table to progress the work of these groups.
186 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for hip surgery. [16748/04]
The provision of hospital services to residents of County Mayo is the responsibility of the Western Health Board. My Department has asked the chief executive officer of the board to investigate this case and to reply directly to the Deputy.
187 Mr. J. Bruton asked the Minister for Health and Children if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16850/04]
190 Mr. J. Bruton asked the Minister for Health and Children if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16895/04]
196 Mr. J. Bruton asked the Minister for Health and Children if the Secretary General of his Department has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16968/04]
I propose to take Questions Nos. 187, 190 and 196 together.
While preliminary work has been taking place on decentralisation, my Department and the bodies established under the aegis of my Department are not required at this stage to undertake a risk assessment exercise in respect of the public service decentralisation programme. Until a final decision is taken by Government on the location of the headquarters of the health service executive and associated agencies, the information request by the Deputy cannot be provided. This decision is expected shortly,
188 Mr. J. Bruton asked the Minister for Health and Children if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16865/04]
191 Mr. J. Bruton asked the Minister for Health and Children if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16910/04]
I propose to take Questions Nos. 188 and 191 together.
While preliminary work has been taking place on decentralisation, my Department and the bodies established under the aegis of my Department are not required at this stage to undertake a risk assessment exercise in respect of the public service decentralisation programme. In addition, the Department's audit committee under its charter has responsibility for oversight of risk management, which encompasses risk assessment in accordance with the Mullarkey recommendations. Consequently, until a final decision is taken by Government on the location of the headquarters of the health service executive and associated agencies, the information requested by the Deputy is not available at this stage. However, these decisions are expected shortly.
189 Mr. J. Bruton asked the Minister for Health and Children the work completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16880/04]
The audit committee of the Department operates under a written charter which includes a range of responsibilities including oversight of risk management strategy and process. These responsibilities include overseeing the review of the adequacy and effectiveness of the process of risk identification, impact assessment, and controls operated to mitigate strategic, reputational, operational, and financial risks and to report to the Secretary General on any matters requiring attention in this regard.
As part of the Appropriations Account for 2003, the Accounting Officer included a note describing actions planned to enhance internal control as referred to in the statement on internal financial controls, which included the introduction of a formal risk management process for the functions planned to remain within his Department arising from the health service reform programme.
It will be appreciated that with the recent establishment of the audit committee, initial reviews of Department operations and the control environment is necessary. However, I anticipate that, in fulfilling the requirements set out in its charter, the committee will review the Department's risk management process in the context of the developments referred to above.
192 Mr. Timmins asked the Minister for Health and Children the position regarding a person (details supplied) in County Wicklow who is waiting to have orthodontic treatment; and if he will make a statement on the matter. [16934/04]
Responsibility for the provision of orthodontic treatment to eligible persons in County Wicklow rests with the Eastern Regional Health Authority. My Department has asked the regional chief executive to investigate the matter raised by the Deputy and to reply to him directly.
193 Mr. Deasy asked the Minister for Health and Children the reason he was unable to attend a Dáil committee meeting to discuss the Hollywood and most recent radiotherapy report; if he will make himself available to answer questions on these reports prior to the 11 June 2004 local and European elections; if not, when will he be available to attend. [16935/04]
Due to unavoidable Presidency commitments, I was unable to appear before the Oireachtas Joint Committee on Health and Children on Thursday, 27 May. As I advised the House last week, I am happy to reschedule a date in the near future and very much look forward to meeting the joint committee to discuss in detail my plans for the development of radiation oncology nationally. I have outlined to the House on several occasions recently Government policy in this area. I have also outlined the significant progress made in implementing the report on the development of radiation oncology services in Ireland which is the most important priority in cancer services in the acute hospital setting.
The joint committee has heard detailed presentations from a number of clinicians in relation to radiation oncology services. One of the participants was Professor Donal Hollywood, who chaired the expert group that produced the report. In his presentation to the committee he set out the basis of the model for the development of radiation oncology services nationally which ensures both quality and equity.
The report, which has been endorsed by Government, has received significant additional endorsement from prestigious bodies such as the American Cancer Society and the National Cancer Institute in the US. In addition, the faculty of radiologists of the Royal College of Surgeons in Ireland has advised the chief medical officer of my Department that the report and its comprehensive recommendations have been completely endorsed by the faculty.
I have provided additional resources this year to progress the implementation of the report's recommendations. The immediate developments in the southern and western regions will result in the provision of an additional five linear accelerators. This represents an increase of approximately 50% in linear accelerator capacity. We have also provided for the appointment of an additional five consultant radiation oncologists. Recruitment for these posts is underway. We currently have ten consultant radiation oncologists nationally. This will result in a significant increase in the numbers of patients receiving radiation oncology in the short term.
The report recommends that there should be two treatment centres located in the eastern region, one serving the southern part of the region and adjacent catchment areas and one serving the northern part of the region and adjacent catchment areas. The chief medical officer of my Department has been asked to advise on the optimum location of radiation treatment facilities in Dublin. A detailed request for submissions will be available to relevant hospitals shortly. The chief medical officer will apply the guidelines established by the group and will be supported by the hospital planning office of my Department and international experts.
It is my intention to develop a national integrated network of radiation oncology, based on equitable access regardless of location and an effective national quality assurance programme. As recommended in the report, I have established the national radiation oncology co-ordinating group. The group comprises clinical, technical, managerial, academic and nursing expertise from different geographic regions. Its remit encompasses recommending measures to facilitate improved access to existing and planned services, including transport and accommodation. I expect the group to develop proposals in these important areas.
194 Mr. Deasy asked the Minister for Health and Children if his attention has been drawn to the concern that has spread in the south east as a result of information coming into the public domain by a person (details supplied) that oncology services to the south east were to be reduced; if his attention has been drawn to such cutbacks; and if he will make a statement on the matter. [16936/04]
The 1996 national cancer strategy has led to substantial investment in cancer treatment services and significant improvements in the organisation and delivery of the services. Since 1997, there has been a cumulative additional investment of approximately €550 million in the development of cancer services nationally. This includes an additional sum of €15 million which was allocated in 2004 for cancer services nationally. This substantial investment has enabled the funding of 92 additional consultant posts in key areas such as medical oncology, radiology, palliative care, histopathology, haematology and radiation oncology. An additional 245 clinical nurse specialists have also been appointed in the cancer services area.
A cumulative total of almost €42 million has been allocated to the South Eastern Health Board since 1997 for the development of cancer services including €1.16 million to address service pressures in 2004. This has enabled the funding of the following additional 10 consultant staff — three medical oncologists, two surgeons with special interest in breast care, one histopathologist, one radiologist, one haematologist, one palliative care and one surgeon. An additional 26 clinical nurse specialists have also been appointed.
With regard to symptomatic breast disease, the board has a dedicated unit in Waterford Regional Hospital with a full complement of multidisciplinary staff as set out in the report on development of services for symptomatic breast disease, that is, breast surgeon, oncologist, radiologist, pathologist and nurse specialist. Three surgeons with a special interest in breast surgery in the board's area have sessional commitments to the unit.
Last year I announced the extension of the BreastCheck programme to Counties Carlow, Kilkenny and Wexford and also the national roll-out to the southern and western counties. BreastCheck commenced screening in Wexford in March of this year.
As regards radiotherapy services, my Department has issued approval for the purchase of two additional linear accelerators for the supra-regional centre at Cork University Hospital and the necessary capital investment amounting to more than €4 million to commission this service as rapidly as possible. Approval has also issued for the appointment of two consultant radiation oncologists, one of whom has significant sessional commitments to the South Eastern Health Board. In 2004, €1 million in ongoing revenue funding is available for this development, which will ensure cancer patients in the south east have equitable access to increases in radiotherapy capacity.
195 Mr. Timmins asked the Minister for Health and Children the position regarding a person (details supplied) in County Carlow who is waiting to be admitted to Cappagh Hospital to have their hip replaced (details supplied); if in view of the fact that they suffers from rheumatoid arthritis and is in a lot of pain; if this appointment can be expedited; if they can be admitted as a matter of urgency; and if he will make a statement on the matter. [16947/04]
Responsibility for the provision of services for people resident in County Carlow is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the board to investigate the matter and reply directly to the Deputy.
197 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. [16701/04]
198 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 supports his Department’s reluctance to promote LPG vehicle conversion at present. [16702/04]
I propose to take Questions Nos. 197 and 198 together.
I refer the Deputy to the reply to Questions Nos. 140 and 141 of 5 May 2004. The national climate change strategy sets out the measures which will be applied across the various economic sectors, including the transport sector, to enable Ireland's climate change commitment arising from the Kyoto Protocol agreement to be met. Lead responsibility for air quality and climate change issues is a matter for the Minister for the Environment, Heritage and Local Government.
199 Mr. Naughten asked the Minister for Transport the discussions he has had with the Irish Aviation Authority regarding submissions made by the National Microlight Association of Ireland prior to the enactment of AIC 11/4; and if he will make a statement on the matter. [16732/04]
200 Mr. Naughten asked the Minister for Transport if his attention has been drawn to the fact that the Irish Aviation Authority, regulation AIC 11/04, regarding microlight pilot licences forces pilots to leave the jurisdiction or undergo great expense to meet IAA’s requirements; if his attention has further been drawn to the fact that these regulations are unduly restrictive in comparison with the norm in virtually every other EU country; if he will have this situation reviewed; and if he will make a statement on the matter. [16733/04]
201 Mr. Naughten asked the Minister for Transport if his attention has been drawn to the fact that the enactment of AIC 11/04 will effectively close the border to visiting UK and Northern Ireland pilots and will jeopardise the viability of several aviation enterprises in the State; and if he will make a statement on the matter. [16734/04]
I propose to take Questions Nos. 199 to 201, inclusive, together.
I have had no discussions with the Irish Aviation Authority regarding submissions made by the National Microlight Association of Ireland prior to the issuing of AIC 11/04. The requirements for microlight pilot licensing, as for all flight crew licensing, are a matter for the Irish Aviation Authority under its governing legislation.
202 Mr. Eamon Ryan asked the Minister for Transport the procedures that have been put in place to secure the preservation of the existing Navan to Kingscourt railway line; if his Department carried out any studies on the possible reopening of the line as a continuation of possible future rail services from Dublin to Navan. [16739/04]
The disused rail alignment between Navan and Kingscourt is still in the ownership of CIE and the company has no plans to dispose of any part of the line. The strategic rail review, commissioned by my Department in 2003, examined the future potential for reopening the line for both passenger and freight services and concluded that there was no economic case for its restoration.
203 Mr. J. Bruton asked the Minister for Transport if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16851/04]
204 Mr. J. Bruton asked the Minister for Transport if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16866/04]
205 Mr. J. Bruton asked the Minister for Transport the work completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16881/04]
206 Mr. J. Bruton asked the Minister for Transport if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16896/04]
207 Mr. J. Bruton asked the Minister for Transport if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey Committee that such risk assessment be carried out. [16911/04]
208 Mr. J. Bruton asked the Minister for Transport if the Secretary General of his Department has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long-term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16969/04]
I propose to take Questions Nos. 203 to 208, inclusive, together.
Risk assessment and mitigation measures associated with the decentralisation programme will be outlined in decentralisation implementation plans being drawn up by my Department and each of its organisations included in the decentralisation programme. These issues will also be taken into account in the overall risk assessment programme being developed in my Department. In developing that programme, a preliminary assessment to identify the main risks facing my Department was carried out by senior managers under the coaching and direction of risk management consultants. Building on this work a firm of consultants is at present engaged in the task of helping my Department to draw up a formal risk management strategy to address the full range of issues faced by the Department including strategic, operational, financial and reputational risks. The audit committee will be consulted on the development of this strategy.
With regard to the issue of public financial procedures generally, I assure the Deputy that I am aware of the requirement in the public financial procedures for accounting officers to ensure that all relevant financial considerations are taken fully into account, and where necessary brought to my attention, in relation to the preparation and implementation of policy proposals relating to expenditure or income. All these issues are regularly addressed in my Department. The decentralisation implementation plans will provide further input into the consideration of financial and other aspects of that programme. These plans will be kept under review and further developed as the programme progresses and additional information becomes available.
209 Dr. Upton asked the Minister for Justice, Equality and Law Reform the position on an application for a holiday visa (details supplied). [16712/04]
The five persons in question made visa applications in May 2003. The applications were refused because it had not been established, on the basis of the documentation supplied to my Department, that the applicants would observe the conditions of the visas. It was noted the five visa applicants named the same Irish national as their sponsor in Ireland and stated he would help support them during their stay with him. The Irish sponsor's address was given as the address of destination. No prior existing relationship with the Irish sponsor was evident. No date was given for their departure from the State. An appeal against the refusal of the applications was received. However, the visa appeals officer, having re-examined the applications, upheld the original decision to refuse them.
The Deputy, in the details supplied, refers to a non-EEA national in Ireland who is a relative of the five adults and who invited them to visit him in the State. No mention was made of this person in the visa applications, nor is there a prior relationship between the five adults who submitted the applications to each other or to the person named by the Deputy. In this context, all five applicants indicated on their application forms that they would not be accompanied by other family members during their visit to Ireland. Each of the five applicants signed the declaration on the visa application forms to the effect that they understood all the questions relating to the application and that, to the best of their knowledge, the details they gave were correct and complete. This may not have been the case. It is open to the applicants to make fresh applications with up-to-date supporting documentation and the matter will be considered anew.
210 Dr. Upton asked the Minister for Justice, Equality and Law Reform if appropriate Garda resources will be devoted at a location (details supplied) to address a daily problem of street drinking by large groups which also involves the presence of children; and if he will make a statement on the matter. [16719/04]
I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the area referred to is policed by the gardaí from Kevin Street station. The policing of this area consists of periodic patrols by the local uniformed gardaí, the detective unit, the divisional crime task force, the special resource unit, the Garda mountain bike unit and the community policing unit.
I have been further informed that in the event of street drinking at the location referred to coming to the attention of the Garda, it has always been its policy to take appropriate action in dealing with the matter and that this will continue. Garda management is satisfied sufficient personnel are in place to meet the policing needs of the area.
211 Mr. Neville asked the Minister for Justice, Equality and Law Reform when file plan folio which was requested on 18 March 2004 will be made available for a person (details supplied) in County Limerick. [16721/04]
I am informed by the Registrar of Titles that this is an application for a copy folio and file plan which was lodged on 23 March 2004. Application Number P2004PS024384A refers. I am informed that the copy folio and file plan will be issued within the next two weeks. The Deputy might also be interested to know, for future reference, that the filed plan map is being imaged as part of the document imaging programme being undertaken in the Land Registry, which means that it will be electronically available and can be accessed and printed by electronic access service account holders via the Internet.
212 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform the number of persons who have applied for asylum here for each of the past seven years; and if he can set out statistically the rate and percentage of those applying who are rejected. [16722/04]
213 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform if he can give a statistical breakdown of the grounds under which asylum applicants are accepted and given status here. [16723/04]
214 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform the number of asylum seekers that had their cases accepted on the grounds that they were the subject of persecution for gender, sexual orientation or membership of a trade union; and if he can give an overall breakdown on other reasons asylum seekers are accepted. [16724/04]
216 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform the number of asylum seekers who have applied here; and the average cost of processing an asylum claim. [16726/04]
217 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform the level of spending by his Department on the asylum system; and if he can give estimates for other departmental spending related to this issue so that an overall figure for the cost of the asylum system to the taxpayer can be reached. [16727/04]
I propose to take Questions Nos. 212, 213, 214, 216 and 217 together.
The number of persons who have applied for asylum here for each of the past seven years is as follows:
|
Year |
No. of Applications |
|
1997 |
3,883 |
|
1998 |
4,626 |
|
1999 |
7,724 |
|
2000 |
10,938 |
|
2001 |
10,325 |
|
2002 |
11,634 |
|
2003 |
7,900 |
On the basis of statistics available for 2003 the percentage of rejected applications for asylum exceeds 90%.
The Deputy will be aware that under the Refugee Act 1996, as amended, two independent statutory offices consider applications-appeals for refugee status. These two offices are the Office of the Refugee Applications Commissioner, ORAC, which considers applications for refugee status at first instance and the Refugee Appeals Tribunal, RAT, which considers appeals from negative recommendations of the commissioner. Decisions on asylum applications are made by the Minister for Justice, Equality and Law Reform upon receipt of the recommendation-decision of the Refugee Applications Commissioner or the Refugee Appeals Tribunal.
I am informed that detailed records are not kept on the breakdown of the grounds on which applicants are granted refugee status. However, all applications for asylum in the State are processed in accordance with the provisions of the Refugee Act 1996, as amended, and, in particular, having due regard to the definition of a "refugee" in section 2 of that Act, which states that a "refugee" is a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.
In considering an asylum claim, consideration is given to the subjective and objective elements of the application. The subjective element of an asylum application concerns the applicant's individual circumstances as they are perceived and described by him or her. The objective element of the application concerns the relevant country of origin information which comes from a wide variety of sources including information from organisations such as the UNHCR, Amnesty International, US State Department, Canadian immigration authorities and other EU member states as well as media and Internet sources. In addition to these periodically updated sources, the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal have access to up to date news reports regarding events and developments in the countries concerned.
While the costs arising from the provision of services to asylum seekers are primarily a matter for the individual Departments and agencies with responsibility for such services, the most recent information available indicates the amount spent on asylum seeker services for 2003, which also includes immigration functions such as the operation of the deportation process, was in the region of €353 million spread between a number of Departments and agencies.
In the case of costs directly associated with the processing of asylum claims which are met from my Department's Vote, these amounted to €30 million in 2003 and included expenditure by the Office of the Refugee Applications Commissioner, the Refugee Appeals Tribunal and the Refugee Legal Service on such items as the servicing of asylum interviews and appeals hearings, payments for translation and interpretation services and legal fees. In 2003, the total cost to my Department and the asylum agencies of asylum and immigration services was in the region of €120 million. This included costs directly associated with the processing of asylum applications and also expenditure on, for example, the provision of accommodation for asylum seekers and the operation of the deportation process.
The successful implementation of the Government's asylum strategy including the operation of the wide ranging amendments to the Refugee Act 1996 contained in the Immigration Act 2003, which were aimed at, inter alia, streamlining the asylum decision making process, has had a positive impact in terms of processing times and partly resulted in the second highest reduction in asylum applications in any EU state in 2003. While continued reduction in asylum applications can be expected to have an impact on the resources allocated to services for asylum seekers in the future, expenditure in this area will have to be maintained at such a level as to ensure the efficient and effective processing of applications in particular.
In addition, the provision of immigration-related services generally will continue to require an adequate level of resources so as to ensure that these also continue to be provided in an efficient and effective manner. This will include resources, for example, for the operation of the deportation process and for the processing of applications for visas and citizenship all of which have been on the increase in recent years.
215 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform the grounds under which an asylum seeker can, once asylum status is achieved, bring dependent siblings and parents to this country; and the number of persons who have been given the right to reside here under this particular category. [16725/04]
A person who has been granted refugee status may apply for permission to be granted to a member of his or her family to enter and reside in the State under section 18 of the Refugee Act 1996. Under section 18(3) such permission must, save in exceptional cases, be granted to immediate family members, that is, spouses, minor children and, if the refugee himself is an unmarried minor, his parents, upon verification by the Refugee Applications Commissioner of the authenticity of the relationship. Applications for family reunification may also be made for dependent members of a refugee's family under section 18(4). Dependent members of the family mean any grandparent, parent, brother, sister, child, grandchild, ward or guardian of the refugee who is dependent on the refugee or is suffering from a mental or physical disability to such an extent that it is not reasonable for him or her to maintain himself or herself fully. Such applications may be granted at my discretion.
The total number of family reunification applications which have been approved are set out in the following table. Parents of refugees may have been granted permission under section 18(3) or section 18(4) of the Refugee Act 1996.
|
Year |
Applications Approved — S.18(3) |
Applications Approved — S.18(4) |
|
2003 |
240 |
30 |
|
2004 (to 31 May) |
225 |
8 |
218 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the widespread abuse of the student visa programme as a device to facilitate people to come and work here. [16728/04]
219 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform the measures he and his Department are to take in regard to tackling the problem of bogus language schools which are being used as a cover for trafficking migrant workers into Ireland; and if his attention has been drawn to the concerns that this is leading to widespread illegality and exploitation of the workers involved. [16729/04]
I propose to take Questions Nos. 218 and 219 together.
My Department is fully supportive of efforts made by various State agencies, including Enterprise Ireland, Fáilte Ireland and the International Education Board of Ireland to promote Ireland as a centre of educational excellence. While my Department has an important role to play in combating abuse in the sector, that role is but one aspect of the ongoing regulatory arrangements which are necessary in order to achieve and sustain the desired objective.
There is no statutory and compulsory registration system for language schools in the State, although the English language sector is the subject of an entirely voluntary registration system operated under the aegis of the Department of Education and Science — the advisory council for English language schools. While my Department is represented on the board of that body, I cannot have responsibility for all sectors of economic activity in which non-EEA nationals are engaged. For example, I do not have responsibility for the regulation of businesses, notwithstanding that many of them rely heavily on non-EEA nationals. Similarly, the only circumstance where immigration officials have interaction with language schools is where non-EEA national students are in attendance.
It is well recognised that increased efforts to combat illegal immigration are accompanied by greater attempted exploitation of legal migratory routes — including the educational route. However, it is not the case that immigration officials have available to them a specified list of language schools by reference to which every school can be deemed to be genuine or bogus. This is compounded by the fact that new schools are being established regularly to satisfy demand and there is competition between schools for students who are here. There have also been increased efforts to support student visa applications with false documentation or information — supplied either by the students or foreign agents who are employed by schools themselves.
A rigorous regime is employed to determine visa applications and personnel from my Department are employed in the embassies in Moscow and Beijing, the latter being the primary source of student visa applications for this jurisdiction. In addition, immigration officers with the assistance of the Garda national immigration bureau's computerised information system and other specialised equipment now have the capacity to check the authenticity of passports and visas at a wide variety of locations throughout the State and to determine the number of students whose residence is based on attendance at a school. It is not simply the case that bogus schools cause problems; it is also the case that bogus students use the facilities provided by genuine schools to acquire residence in the State for purposes which are not primarily study related.
In the context of the powers vested in me for the purposes of the control of non-nationals, where evidence of a consistent pattern of abuse emerges this results in a refusal to issue visas for students who propose to attend a particular establishment.
My colleague, the Minister for Education and Science, chairs an interdepartmental group, which was established to address a range of issues connected with the internationalisation of Irish educational services and which will report to Government in due course. My officials have participated fully in that process. In addition, my colleague, the Tánaiste and Minister for Enterprise, Trade and Employment, who has responsibility for labour market migration issues and the protection of workers rights, is also represented on the group.
From a legislative point of view, the Illegal Immigrants (Trafficking) Act 2000 targets professional traffickers in human beings by creating an offence of trafficking in illegal immigrants and asylum seekers and providing a framework by which those engaging in such trafficking can be dealt with under the law. The penalty on conviction on indictment for the offence of trafficking under the Act is an unlimited fine or up to ten years imprisonment or both.
220 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the future plans for the relocation of the women’s prison in Mountjoy; the plans he has for the redevelopment of the site; and if he will make a statement on the matter. [16731/04]
I refer the Deputy to my reply to Question No. 47 of 26 February 2004. Since the opening of the Dóchas centre in 1999, there has been a serious overcrowding problem there, even with the benefit of an additional 20 spaces provided in the final phase of its construction. This serious shortage of spaces for women prisoners frequently forces the prison authorities to seek temporary release for lower level female offenders. I do not regard this as an acceptable situation.
Social trends across Europe indicate we will continue to experience an increasing number of women prisoners in our system in the future. It is the intention, therefore, to replicate an expanded version of the Dóchas centre in the plans to move the entire Mountjoy Prison complex to a greenfield site in the greater Dublin area. While the full details of the relocation of the Mountjoy Prison complex have not been decided upon, the sale of all or part of the existing Mountjoy site could go to funding the new complex.
221 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if persons under 18 in prisons are always segregated from those over that age; and if he will make a statement on the matter. [16756/04]
My responsibility, as Minister for Justice, Equality and Law Reform, for the custody of juveniles is, in normal circumstances, limited to male offenders aged 16 and over and female offenders aged 17 and over. However, 15 year old male offenders and 15 and 16 year old female offenders may be committed to prison in exceptional circumstances. This should occur only in cases where the court certifies under the provisions of sections 97 and 102 of the Children Act 1908 that the young person is so unruly or depraved of character that he or she cannot be detained in a place of detention provided under Part V of that Act. Such committals are used only as a last resort by the courts and, therefore, the number of 15 year old males and 15 or 16 year old females committed to prison each year on such certificates of unruliness is low.
Every effort is made to separate juvenile offenders from the general prison population in each institution. In practice, the vast majority of male offenders aged 16 and 17 years are held in St Patrick's Institution, which is a closed institution reserved in law exclusively for offenders aged 16 to 21 years. For example, on 31 May 2004 there were 75 persons under the age of 18 in custody, 64 of whom were detained in St Patrick's Institution. The few held in the more traditional adult prisons are accommodated with other young offenders or with other carefully selected prisoners.
Under the Children Act, I, as Minister for Justice, Equality and Law Reform, will be obliged to provide separate detention facilities for 16 and 17 year old boys and girls who are committed to custody by the courts, either on remand or under sentence. These secure detention centres will operate under their own unique regime which will cater specifically for the needs of juvenile offenders. The plans for the new Mountjoy and Spike Island Prison complexes will include such detention centres with separate sections devoted to both male and females aged 16 to 17 year olds.
222 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform the sections of the Children Act 2001 that are not in force; when it is proposed to bring them into operation; and if he will make a statement on the matter. [16757/04]
The Children Act 2001 is complex and comprehensive legislation and, for that reason, provisions under the Act are being implemented on a phased basis, as was envisaged at the time of enactment. Responsibility for implementing the Act lies with the Departments of Justice, Equality and Law Reform and Education and Science in respect of juvenile offending and the Department of Health and Children in respect of children who are non-offending but out of control. The National Children's Office is co-ordinating the cross-departmental aspects of the implementation of the Act.
Three main areas of the Act for which I have responsibility remain to be brought into operation. These concern the age of criminal responsibility, community-based options, and the provision of children detention centres for 16 and 17 year old offenders. One of the primary aims of the Children Act is to expand the options a court will have at its disposal when deciding on how to deal with a young offender. The community-based options provided for in the Act will allow effect to be given to the principle that detention for young offenders will be a last resort. Thus, the Act generally envisages committals to custody of young offenders being availed of only in situations where other alternative diversions and community-based options have been resorted to and have failed.
The successful implementation of the community based options in the Act will require a very significant input from the probation and welfare service. The service, as part of its planning for implementation of the Children Act 2001, engaged trainers from the Department of Child, Youth and Family, New Zealand, for the intensive training of all professional staff as facilitators for family conferences to be convened and managed in accordance with the requirements of the Act as well as providing day seminars for all probation and welfare officers. The service will provide ongoing training through its staff development unit as required. It is the intention that community sanctions provided for in the Act will be introduced on a phased basis commencing later this month.
Under the Children Act 2001, I, as Minister for Justice, Equality and Law Reform, will be obliged to provide separate detention facilities for 16 and 17 year old males and females who are committed to custody by the courts on remand or under sentence. The provision of appropriate custodial facilities is a priority for the Irish Prison Service. The primary objective of these detention centres will be to provide a secure but supportive environment in which young offenders can develop the personal and social skills necessary to avoid future offending.
In line with this, a new facility for male juveniles in this age group will open at St Patrick's Institution in the near future. This unit, which was designed by a multi-disciplinary team, will include a custom designed facility for the delivery of education, recreation, medical and therapeutic services. The longer term provision of a dedicated facility on a greenfield site for 110 juveniles — 90 male and 20 female — is also being considered. Having considered a report by the Commissioners of Public Works and the recommendations made and having conferred with the director general of the Irish Prison Service, I decided some time ago that the proposed development of such a facility at Newlands Villa, Naas Road, Clondalkin, Dublin 22, will not proceed. The identification of another site for the proposed juvenile detention facility is being pursued in consultation with the director general and the Office of Public Works.
223 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if he will name the cases in which miscarriages of justice have been established under the Criminal Procedure Act 1993; the compensation which has been awarded to persons wrongly convicted; and if he will make a statement on the matter. [16759/04]
The Court of Criminal Appeal has declared a miscarriage of justice under the Criminal Procedure Act 1993 in the following cases: DPP v. Joseph Meleady and Joseph Grogan — miscarriage of justice declared 20 March, 2001; DPP v. Frank Shortt — miscarriage of justice declared 31 July 2002. Monetary compensation has not to date been paid to persons who have been found to have been victims of a miscarriage of justice under the Act.
224 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform the action he has taken on the report from Judge Buchanan on criminal legal aid; if the report can be made available to the public; and if he will make a statement on the matter. [16760/04]
The criminal legal aid review committee, under the chairmanship of Judge Buchanan, was established to review the operation of the criminal legal aid scheme and to make recommendations as to the manner in which the scheme might be improved so that it operated effectively and provided value for money.
In its first report, entitled An Examination of the Feasibility of Introducing a Public Defender System for Ireland, which was published in February 2000, the committee recommended that the existing system for providing criminal legal aid was the most equitable, effective and economic at that time. The committee also examined the issue of whether a fee should be paid to solicitors for consultations with persons detained in Garda stations and made an interim report to the Department. On foot of the committee's recommendations, the Garda station legal advice scheme was introduced in February 2001.
In its second and final report, which was published in February 2002, the committee examined a number of issues. It examined, inter alia, the merit of providing the criminal legal aid service by way of contracting and by way of a duty solicitor scheme. The committee did not recommend the introduction of contracting or a duty solicitor scheme for providing criminal legal aid. The committee’s recommendation to incorporate the criminal provisions of the non-statutory Attorney General’s scheme into the criminal legal aid scheme is being discussed with the Attorney General’s office.
225 Mr. Ring asked the Minister for Justice, Equality and Law Reform when dealings for a person (details supplied) in County Mayo will be completed in the Land Registry office. [16766/04]
I am informed by the Registrar of Titles that these are two applications for transfer of part, one of which was lodged on 22 July 2003 and the other on 31 July 2003.Dealing numbers D2003SM006136B and D2003SM006138D refer. I am further informed that these applications are receiving attention in the Land Registry and will be completed as soon as possible.
226 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the entitlements of adoptive parents to leave for the purpose of undergoing the various preparatory requirements in advance of adoption and in the period after adoption; and her views on whether the present system gives adequate opportunity to adoptive parents to make time available for their adopted child. [16771/04]
The Adoptive Leave Act 1995 was introduced to provide an entitlement to leave from employment similar to maternity leave for an adopting mother after the placement of a child into her care. The Act provides an employed adopting mother or sole male adopter with 14 weeks adoptive leave, attracting payment of Department of Social and Family Affairs benefit, commencing on the date of placement and an optional eight weeks unpaid additional adoptive leave, some or all of which may be taken prior to placement in the case of a foreign adoption.
The Adoptive Leave Bill 2004, which is progressing through the Seanad, seeks to amend the 1995 Act to apply, where appropriate, to adoptive leave the recommendations made by the working group on the review and improvement of the maternity protection legislation. The recommendation to increase the periods of adoptive leave from ten to 14 weeks and unpaid additional adoptive leave from four weeks to eight weeks was implemented shortly after the working group completed its deliberations.
In addition, the Adoptive Leave Bill incorporates a provision to further increase the adoptive leave period by two weeks to 16 weeks, as approved by the Government last October. The increase in adoptive leave is linked to the proposed reduction in the Maternity Protection (Amendment) Bill 2003 of the compulsory pre-confinement period of maternity leave. Once the two Bills are enacted, both natural and adopting mothers will be able to avail of 16 weeks leave with payment of Department of Social and Family Affairs benefit from the time a child is born or placed into their care.
The Bill also provides for a new entitlement for adopting parents to time off from work, without loss of pay, to attend the pre-adoption classes and interviews which they are obliged to attend as part of the adoption process. This new entitlement will better facilitate prospective adopting parents in meeting their work commitments while also attending the required elements of the preparatory and assessment process for adoption. I am satisfied the provisions of the Bill will offer improved employment protection and greater flexibility to employed adopting parents throughout the adoption process from the preparation stages through to placement and the during the first months after a child is received into the family.
227 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position regarding a matter (details supplied); and if he will make a statement on the matter. [16774/04]
I refer the Deputy to my answer to Question No. 30 on 5 May 2004, which deals with the position regarding an overall review of policy with a view to legislation in this area. The position remains the same.
228 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if he has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each department or agency under his aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16852/04]
229 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if the Secretary General of his Department has provided him with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he has requested such advice from the Secretary General. [16867/04]
231 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if he will take steps to ensure that the annual report of his Department will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16897/04]
232 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if the audit committee of his Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16912/04]
237 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform if the Secretary General of his Department has tendered advice to him in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of his Department on the impact in the short or long term on the economy and the efficiency of administration of his Department or its agencies arising from the Government’s proposals for decentralisation. [16970/04]
I propose to take Questions Nos. 228, 229, 231, 232 and 237 together.
The Deputy will be aware that immediately following the Government's announcement of the decentralisation programme, my colleague, the Minister for Finance appointed an implementation group to prepare an overall implementation plan in co-operation with all of the organisations involved. In its first report of 31 March 2004, the group recommends that each organisation participating in the programme should prepare its own implementation plan and submit it to the group by the end of May 2004.
The agencies and organisations under the aegis of my Department selected for decentralisation have prepared and submitted plans to the group. These initial implementation plans may require further development as additional information emerges in relation to the people, property and business issues identified in the implementation group's report. The plans incorporate specific risk assessments in the case of each agency due to decentralise and examine the effectiveness of services.
I assure the Deputy I will be happy to arrange for the publication of my Department's plan and the plans of agencies under my Department's aegis after they have been made available to the implementation group and to staff interests.
With regard to the issue of public financial procedures generally, I assure the Deputy I am aware of the requirement in the public financial procedures for Accounting Officers to ensure all relevant financial considerations are taken fully into account and, where necessary, brought to the attention of Ministers, with regard to the preparation and implementation of policy proposals relating to expenditure or income. In addition, there is an ongoing awareness in my Department of the type of risks identified in paragraph 6.31 of the Report of the Working Group on the Accountability of Secretaries General and Accounting Officers — the Mullarkey report. All these issues are regularly addressed in my Department. The issue of risk is a standing item on the Department's audit committee agenda.
230 Mr. J. Bruton asked the Minister for Justice, Equality and Law Reform the work completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16882/04]
As I indicated in reply to a Parliamentary Question tabled by the Deputy on 20 May, my Department's audit committee was appointed in January 2004 and held its first meeting on 19 January. Preparatory work is being done in my Department on the development of a risk management strategy and I expect this will be further developed in the coming months by the audit committee in association with the relevant officials.
233 Ms Cooper-Flynn asked the Minister for Justice, Equality and Law Reform when the review of the visa application by a person (details supplied) will be completed. [16931/04]
The person in question made an application for a study visa in September 2003. The application was refused because it had not been established, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa. In particular, it was felt that the applicant had not displayed sufficient evidence of his obligations to return home following his proposed course of study. An appeal against the refusal of the application was received, however the visa appeals officer, having re-examined the application, upheld the original decision to refuse the application. It is open to the applicant to make a fresh application with up to date supporting documentation and the matter will be considered anew.
234 Mr. Wall asked the Minister for Justice, Equality and Law Reform the mechanisms needed by a person (detail supplied) in County Kildare to permit their becoming an Irish citizen; and if he will make a statement on the matter. [16932/04]
There are four ways in which a person born outside of Ireland can obtain Irish citizenship; by means of a grant as a token of honour, by descent, by naturalisation or by marriage to an Irish citizen — post-nuptial citizenship. It is assumed for the purposes of this reply that neither honorary citizenship nor citizenship by descent are relevant in the context of this question. Accordingly, I have set out general information about naturalisation and post-nuptial citizenship. However, without further details, I am not in a position to advise as to which method is appropriate to the circumstances of the person concerned.
A non-national married to a person who is an Irish citizen, otherwise than by naturalisation, post-nuptial declaration or honorary citizenship, may accept Irish citizenship as his-her post-nuptial citizenship by lodging a declaration not earlier than the three years from the date of the marriage — or three years from the date on which the applicant's spouse became an Irish citizen — whichever is the later. The marriage must be subsisting and the couple must be living together as husband and wife at the time of the lodgement of the declaration. The continued availability of this process is finite. That is because it was repealed in the Irish Nationality and Citizenship Act 2001. However, it remains open to non-nationals who married prior to 30 November 2002 and who fulfil the statutory conditions — three years marriage, etc. This window of opportunity will cease with effect from 29 November 2005. Persons who marry on or after 30 November 2002, or persons who married prior to that date but do not avail of the post-nuptial process prior to 29 November 2005, must apply for naturalisation in accordance with the provisions that follow.
The Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In the case of a non-national applicant who is the spouse of an Irish national those conditions are that the applicant must be of full age; good character; married to the Irish citizen for at least three years in a marriage recognised under the laws of the State as subsisting; be living together as husband and wife with the Irish spouse; have had a period of one years continuous residency in the island of Ireland immediately before the date of the application and, during the four years immediately preceding that period, have had a total residence in the island of Ireland amounting to two years; intend in good faith to continue to reside in the island of Ireland after naturalisation; have made, either before a judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.
In other cases the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain, more rigorous statutory conditions are fulfilled. Those conditions are that the applicant must be of full age; good character; have had a period of one years continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have made before a judge of the District Court in open court or in such a manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.
In the context of naturalisation certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State, periods granted for the purposes of study and periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act 1996.
Further information and the necessary application forms may be obtained from my Department's website, www.justice.ie, or by telephoning the citizenship section helpline on Tuesdays or Thursdays between 10.00 a.m. to 12.30 p.m. at lo-call 1890 551 500 or 01 6167700.
235 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position in regard to imported bulk fertiliser; if there are plans to change the regulations in this regard; and if he will make a statement on the matter. [16950/04]
Ammonium nitrate and ammonium nitrate-based fertilisers have been used by terrorists to manufacture improvised explosive devices in this jurisdiction, and in Northern Ireland, for many years. For that reason, regulations were introduced in 1972 in both parts of the Island declaring ammonium nitrate and some ammonium nitrate-based fertilisers to be explosives.
In particular, Statutory Instrument No. 191 of 1972, Explosives (Ammonium Nitrate and Sodium Chlorate ) Order 1972, declares that the substances specified in the schedule to the order shall be deemed to be explosives within the meaning of the Explosives Act 1875. The schedule to the order includes, inter alia, ammonium nitrate and certain fertilisers which contain ammonium nitrate in excess of 79% by weight. Under the terms of the order, these substances are deemed to be explosives within the meaning of the Act and are, therefore, subject to the same security controls for licensing, importation and storage as conventional explosives.
However, in light of recent events and the concerns expressed in relation to certain blended fertiliser imports, officials of my Department have been consulting urgently with all relevant State agencies and the industry to examine these substances with a view to making recommendations in relation to their possible control.
236 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position regarding an application for registration for persons (details supplied) in County Donegal; and if he will make a statement on the matter. [16952/04]
I am informed by the Registrar of Titles that the applicants referred to by the Deputy have lodged two dealings with the Land Registry, an application for transmission of part — post 59, which was lodged on 6 October 2003, and an application under section 49, that is, acquisition of title by virtue of long possession, of the Registration of Title Act, 1964 which was lodged on 3 March 2004. Dealing numbers D2003WS009387E and D2004WS002605V refer. Due to their complicated nature, applications under section 49, which require detailed examination of claims for registration as owners, can take time to process. Accordingly, it is not possible to estimate a completion date at this stage. However, I assure the Deputy that dealing number D2004WS002605V is receiving attention in the Land Registry. I am further informed that dealing number 2003WS009387E was completed on 25 February 2004.
238 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government when he intends to introduce laws, regulations and administrative decisions to comply with directive 2002/49/EC of the European Parliament and of the Council which was agreed on 25 June 2002 and which is required to be enacted into national law by 18 July 2004; and the legislative changes that are intended to be made in this regard. [16700/04]
I refer to the reply to Question No. 209 of 27 May 2004.
239 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if an employee of a local authority (details supplied) was co-opted as a member of that local authority, which was in breach of existing regulations made under section 161(1) of the Local Government Act 2001; the details relating to this co-option; the action taken by himself in relation to this case; the sanctions that can now be applied arising from this unlawful co-option; and if he will make a statement on the matter. [16704/04]
The provisions governing local authority membership and local authority employment are set out in sections 13 and 161 of the Local Government Act 2001. The Local Government Act 2001, section 16, order 2004 provides that certain junior grades of local authority employees may become councillors. This order applies in the case of the 2004 and subsequent local elections. Prior to this, the position regarding local authority employees becoming councillors was provided for under the Local Elections (Petitions and Disqualifications) Act 1974, section 25, order 1974.
My Department has no function in determining the validity of particular co-options. It is an offence to knowingly act as a member of a local authority when disqualified from doing so and action in relation to any such alleged offence may be taken by a local authority or any local government elector.
240 Ms. M. Wallace asked the Minister for the Environment, Heritage and Local Government the time frame with regard to the final report on the greater Dublin strategic drainage study; if it is proposed to provide a capacity of 50,000 pe for County Meath; and if he will make a statement on the matter. [16705/04]
The Dublin region drainage strategy study is being undertaken by Dublin City Council under my Department's Water Services Investment Programme 2004-2006. The study report is expected to be published in autumn 2004 when details of its recommendations will become available.
241 Ms M. Wallace asked the Minister for the Environment, Heritage and Local Government if it is expected that the County Meath capacity of the Drogheda sewerage scheme should increase with the development of phase two from the present 6,500 pe out of a total 67,000 pe to 27,000 pe out of a total 101,000 pe; the progress that has been made with regard to phase three of the development of the scheme to bring the overall capacity to 141,000 pe; the amount of the additional 40,000 pe in phase three is expected to be allocated to County Meath; and if he will make a statement on the matter. [16706/04]
242 Ms. M. Wallace asked the Minister for the Environment, Heritage and Local Government if progress has been made since his reply of 4 May 2004 regarding Drogheda sewerage; the progress that has been made; the present time frame with regard to phase two of the development of the Drogheda sewerage scheme; and if he will make a statement on the matter. [16707/04]
I propose to take Questions Nos. 241 and 242 together.
I have recently given approval to Louth County Council under my Department's Water Services Investment Programme 2004-2006 to invite tenders for the expansion of the Drogheda waste water treatment plant from its current population equivalent capacity of 68,000 to 101,000. The additional capacity is intended to cater for future development in the Drogheda, Baltray, Termonfeckin and east Meath coastal areas and will be allocated in accordance with an agreement to be drawn up between Louth and Meath County Councils. There are currently no proposals before my Department for any further expansion of the Drogheda waste water treatment plant beyond the current phase.
243 Ms. M. Wallace asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the draft Tobin report on the Ashbourne and Ratoath sewerage scheme; his Department’s proposal for dealing with the short term and the long term problem in this area; if his Department is considering a proposed solution of treating the sewerage in County Meath and taking the outfall to the sea at a cost of approximately €65 million; and if he will make a statement on the matter. [16708/04]
The Ashbourne-Ratoath-Kilbride sewerage scheme upgrade is included in my Department's Water Services Investment Programme 2004-2006 as a scheme to commence construction in 2005 at an estimated cost of €20.6 million. My Department is awaiting the submission of a preliminary report for the scheme by Meath County Council. I understand that proposals to service future waste water disposal requirements in this area by way of a new sea outfall is one of a range of long-term options that are at an early stage of consideration by the council. No proposals have as yet been submitted to my Department.
244 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government the status of the application for a sewerage scheme at Creggs, County Galway; and if he will make a statement on the matter. [16709/04]
I refer to the reply to Question No. 370 of 11 May 2004.
245 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government the status the new Dún Laoghaire Rathdown County development plan has with regard to the selection of road projects for further funding; if his attention has been drawn to the fact that in the new development plan is a proposal to introduce between the years 2004- 2010 a bypass for Hillcrest Road in Sandyford and that does not include the objective of widening the Hillcrest Road within the same six year road objectives; if his Department will take into account such considerations in allocating funds to the local authority or the National Roads Authority for the development of such road projects; and the measures the Department will take to ensure that such roundabouts and neighbouring infrastructure are designed in a manner that will fit into the roads policy objective as set out in the development plan. [16740/04]
A local authority development plan must set out an overall strategy for the proper planning and sustainable development of the planning authority's area through the objectives to be included in the plan. The objectives to be provided for are detailed in section 10(2) of the Planning and Development Act 2000 and include objectives with regard to zoning, provision of infrastructure and environmental protection. Any provision of infrastructure, including any road projects, by a local authority must be consistent with the objectives of the development plan.
The selection, development and design of proposals for the improvement of non-national roads in Dún Laoghaire-Rathdown is a matter for Dún Laoghaire/Rathdown County Council. Such schemes are funded from the authority's own resources supplemented by grants from my Department. In 2003, my Department sought applications from road authorities for funding under the 2004 EU co-financed specific improvements grant scheme. Dún Laoghaire-Rathdown County Council submitted a number of applications but these did not include an application for funding for either a by-pass of Hillcrest Road in Sandyford or for the widening of Hillcrest Road. It is a matter for Dún Laoghaire-Rathdown County Council to decide if it wishes to prioritise any such project for funding under the EU co-financed scheme in 2005, when applications are sought by my Department, later this year.
246 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the net number of new local authority houses likely to be provided by his Department in 2004, excluding the works of housing associations or voluntary groups; and if he will make a statement on the matter. [16810/04]
250 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the average length of time a housing applicant can expect to wait on housing lists throughout the various local authorities; and if he will make a statement on the matter. [16815/04]
251 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has communicated directly with the various local authorities with the objective of reducing housing waiting lists; and if he will make a statement on the matter. [16816/04]
252 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of local authorities which have sought extra funding from his Department to deal with the housing waiting lists; and if he will make a statement on the matter. [16817/04]
I propose to take Questions Nos. 246 and 250 to 252, inclusive, together.
It is estimated that local authorities will complete-acquire in the region of 5,000 housing units in 2004. Information published as part of the last assessment of local authority housing need undertaken at the end of March 2002 indicates that approximately 60% of households assessed as in need of local authority housing were on the local authority waiting list for less than two years. It is, however, the case that some applicants for local authority housing are on waiting lists for longer periods on the basis that their housing need has a relative lower priority compared with the needs of households who have been allocated housing. The relative priority of households on the local authority waiting lists is determined in accordance with the authorities' scheme of letting priorities, the making of which is a function reserved to the elected members.
Financial allocations of €773 million were recently notified to local authorities by my Department for their main housing construction programmes and for refurbishment works to houses under the remedial works scheme as well as for the provision of Traveller accommodation. I consider that these allocations will be sufficient to allow authorities undertake their nominated programmes for 2004.
Regarding contact with local authorities on their housing waiting lists, I refer to the reply to Question No. 4 of today on the preparation of action plans by local authorities.
247 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number and scale of heritage projects which he or his Department propose to assist or have already assisted in 2004; and if he will make a statement on the matter. [16812/04]
260 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of heritage projects he expects to assist in County Kildare in 2004 and in 2005; and if he will make a statement on the matter. [16825/04]
262 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of heritage houses in County Kildare to which he and his Department have offered assistance by way of grants or other aid; and if he will make a statement on the matter. [16827/04]
I propose to take Questions Nos. 247, 260 and 262 together.
I assume the questions refer to the architectural protection grants scheme which is administered by the local authorities with funding provided by my Department and to the conservation grants under urban renewal which is administered directly by my Department. The total amount of funding which has been allocated to the local authorities in 2004 for the architectural protection grants scheme is €3.9 million. The Deputy will appreciate it is not possible at this stage to indicate the level of funding which will be available in 2005. Information on the details of the allocations from this overall fund are not available from my Department and may appropriately be sought from Kildare County Council or other relevant local authorities.
The total provision for the conservation grants under the urban renewal measure is €1 million in 2004; it is not possible at this stage to indicate the level of funding which will be available in 2005. The grants allocated in County Kildare under this scheme were €10,000 for Castletown schoolhouse No. 1 and €10,000 for Castletown schoolhouse No. 2.
248 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the anticipated return in a full year to the various local authorities throughout the country arising from the increased level of development levies which were authorised by his Department on foot of legislation; and if he will make a statement on the matter. [16813/04]
The long-standing practice of levying development contributions to fund local authority infrastructure was significantly revised when the Oireachtas, with cross-party support, brought in a new, transparent system in the Planning and Development Act 2000. Under section 48 of the 2000 Act, planning authorities had to adopt development contributions schemes in respect of public infrastructure and facilities provided by, or on behalf of, the local authority that benefit development in the area, by 10 March 2004.
The schemes apply to all planning permissions granted after the adoption of the schemes. It is not possible to estimate the anticipated return in a full year under the new schemes as the amounts collected by planning authorities will depend on factors such as the size and type of development carried out, the overall level of implementation of planning permissions and the efficiency of planning authorities in collecting the contributions. The year 2005 will be the first year in which all planning permissions granted will be subject to the schemes. Information on levies collected in 2005 will be available to my Department subsequently.
249 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of affordable houses provided to applicants and as a percentage of the total number on housing waiting lists. [16814/04]
In March 2002 local authorities undertook a statutory assessment of local authority housing needs. It indicated that 48,413 households were in need. During 2002 and 2003 the needs of over 26,300 households were met under a range of social and affordable housing measures. Included in the figure are 5,224 affordable housing units acquired or completed by local authorities or 10.8% of households on the housing list.
253 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if various local authorities have notified him that they do not have enough funding to meet the disabled person’s grant requirements; and if he will respond positively to the issue. [16818/04]
255 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he will give local authorities a special allocation to finance disabled person’s grants. [16820/04]
271 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he knows that the disabled person’s grant system in County Kildare has effectively closed operation; if officers from his Department will meet officers from the Kildare County Council to resolve the issue; and if he will commit further funding to the council for the scheme in 2004. [16955/04]
I propose to take Questions Nos. 253, 255 and 271 together.
On 20 May local authorities were notified of a capital allocation totalling €65 million for expenditure in 2004 on the disabled person's and essential repairs schemes. Each local authority decides the level of funding for schemes in their areas. Local authorities can recoup two-thirds of their expenditure on grants from my Department. They provide the remainder from their resources provided in their annual Estimates.
Local authorities were advised to notify my Department if their allocation was inadequate or surplus to their requirements. This was done to facilitate the reallocation of funds to obtain optimum effectiveness from the funding available. At 31 May two local authorities wrote to my Department seeking additional funding. Kildare County Council indicated informally that it will also seek an increased allocation. The scope for the reallocation of funds will be kept under ongoing examination in my Department for the rest of the year. All requests for additional funding will be considered in this context.
254 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government his Department’s waste management policy; and if he approves the use of landfill in environmentally sensitive areas. [16819/04]
The Government's waste management policy is set out in the policy documents Changing our Ways 1998, Preventing and Recycling Waste: Delivering Change 2002 and Taking Stock and Moving Forward 2004. Its approach is based on the internationally recognised waste management hierarchy of prevention-minimisation, significantly increased levels of recycling, energy recovery and utilising landfill as the last resort for residual waste that cannot otherwise be recovered.
Local authorities adopted waste management plans that, informed by the performance targets set out in these policy statements, call for the provision of modern integrated waste management services and infrastructure. A decision on the development of a landfill facility is a matter for the relevant planning authority and for the Environmental Protection Agency in the context of applications for planning permission and for a waste licence, respectively. The Minister for the Environment, Heritage and Local Government is precluded under both legal codes from exercising direct control of these processes.
256 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if the quality of domestic drinking water meets international standards; and the areas deficient in this regard. [16821/04]
I refer the Deputy to my reply to Question No. 376 on 25 May.
Statutory responsibility for the provision of drinking water, in compliance with prescribed quality standards, is assigned to local sanitary authorities under the general supervision of the EPA. Detailed information on the quality of drinking water is available in the EPA reports published annually entitled The Quality of Drinking Water in Ireland. The 2002 report is available in the Oireachtas Library and it is the most recent one.
257 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if there is an adequate reserve of domestic drinking water to meet requirements throughout the summer months. [16822/04]
Local authorities manage public drinking water supplies. They have a range of instruments and measures to conserve stocks for the drier season.
My Department supports their water service activities by co-ordinating and financing a major programme of investment in improved infrastructure, active leakage control, telemetry and rehabilitation of water mains. A general outline is given in a reply to Questions Nos. 43 and 143 on 29 April.
I have published a further phase of my Department's water services investment programme. It identifies my investment priorities for new and upgraded public water supply infrastructure for the period 2004 to 2006, inclusive. The programme is available in the Oireachtas Library.
258 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to restore the obelisk at Maynooth, County Kildare. [16823/04]
My Department has no plans for it at present.
259 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he will restore Donadea Castle and buildings at Donadea Forest Park, County Kildare; if he will negotiate with its owners with a view to same. [16824/04]
The castle and its associated buildings are an integral part of the forest park owned by Coillte Teoranta. Development proposals are a matter, in the first instance, for the organisation.
The castle is a recorded national monument and enjoys legal protection under the National Monuments (Amendment) Act 1994. My Department must be notified of any proposals to carry out works.
261 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if modern technology, including the latest geophysics, is used to survey heritage sensitive areas where motorways or other major works are proposed to eliminate the waste of public moneys arising from a subsequent clash of interests. [16826/04]
The developer dictates how heritage areas at major construction sites are monitored and surveyed. The appropriate road authority or the National Roads Authority dictates the methodology to be used for motorways. Policy information may be sought from the Minister for Transport.
263 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if his Department has a comprehensive register of ring forts or other heritage and cultural locations; how many archaeological excavations were carried out apart from modern development works; if excavations are planned in any such areas; if locations were damaged by developments such as forestry and building roads and houses. [16828/04]
The record of monuments and places was established under section 12 of the National Monuments (Amendment) Act 1994. It lists 120,000 archaeological sites nationwide, including ring forts. My Department is carrying out an archaeological survey. To date surveys covering nearly half the country have been published.
Over 11,000 excavation licences were issued under the National Monuments Acts. Most of them are for planning and development cases. It is not feasible to distinguish between them and excavations carried out solely for excavation purposes. A summary of all excavations carried out up to 2001 is available on the website excavations.ie. My Department does not have information on planned excavations until an application for a licence is received.
Much pressure on archaeological sites emanates from the upsurge in the general economic activity in the past number of years. My Department engages with the development sector to ensure that archaeological issues are front loaded in the development process. Codes of practice for the protection of the archaeological heritage has been agreed with a number of development bodies, including the NRA, Coillte, the ESB National Grid, Bord na Móna and the Irish Concrete Federation on the mitigation of archaeology. Discussions are ongoing with other bodies to agree further codes. My Department comments on development applications referred to it by planning authorities on the impact, inter alia, on the archaeological heritage and appropriate advice on mitigation is given.
In the past damage to monuments was caused principally by agricultural activity and the issue is still relevant. Apart from implementing the statutory protection under the Acts, my Department liaises with the farming community to prevent damage. Archaeologists from my Department give talks at courses run by Teagasc. This is only one of many initiatives.
Overall the rate of destruction of monuments here appears to be low. My Department is developing a formal monitoring programme to measure the impact on an ongoing basis.
266 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government the work completed by his Department’s audit committee in examining the implementation of its risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16883/04]
Recently my Department's audit committee was established and it has met once. Under the audit charter given to it one of its continuing duties and responsibilities will be to raise the level of awareness of financial risks in management decision-making. It will address the issue of implementing risk management.
269 Mr. Wall asked the Minister for the Environment, Heritage and Local Government if the Barnhill area of Castledermot, County Kildare will be included in the new sewerage scheme proposed for the area. [16942/04]
The Castledermot sewerage scheme is included in my Department's water services investment programme 2004 to 2006, inclusive, under the rural towns and villages initiative. Contract documents for the scheme's collection system includes a provision to service the Barnhill area. My Department is examining the documents and they will be dealt with as quickly as possible.
270 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the person responsible for the removal of animals and birds killed on the roads because local authorities say that it is not their responsibility. [16953/04]
Roads legislation assigns responsibility for the maintenance of public roads to local road authorities. Their responsibilities have been clarified in case law and evidenced in the practice of road authorities over many years.
Further extension of clarification of the road maintenance responsibilities of road authorities would involve an amendment of the Roads Acts. Therefore, the Deputy should forward his question to my colleague, the Minister for Transport.
274 Mr. Allen asked the Minister for the Environment, Heritage and Local Government if the disabled person’s grant scheme was reviewed; and if he will merge it with the essential repairs scheme and the housing repairs for the elderly scheme in view of the huge backlog of applications that exist in a large number of local authority areas. [16765/04]
A review will be finalised shortly. I will then consider the changes that may be required to ensure that the scheme continues to assist the persons in greatest need of it. The relationship between the disabled persons, essential repairs grants and the special scheme of housing aid for the elderly is also being considered in the context of the review.
276 Dr. Upton asked the Minister for Community, Rural and Gaeltacht Affairs if a community group (details supplied) will be funded from the dormant accounts fund. [16711/04]
At present decisions on the disbursement of funds from dormant accounts are a matter for the Dormant Accounts Fund Disbursements Board. It is an independent body established by the Dormant Accounts Acts. The board has engaged Area Development Management Limited to administer the initial round of funding of up to €30 million on its behalf.
ADM Limited received an application from the group. It will evaluate all applications against the criteria in the published guidelines and recommendations submitted to the board for decision. The group concerned will be advised of the outcome in due course.
277 Mr. J. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs if a risk assessment of possible risks to the effectiveness of services provided by each Department or agency under his aegis that will decentralise has been carried out; if not, the reason therefor; and if so, if the assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16854/04]
278 Mr. J. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs if his secretary general stated his responsibilities as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if he sought such advice from him. [16869/04]
280 Mr. J. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs if he will take steps to ensure that hid Department’s annual report will contain a risk assessment of decentralisation, as it affects his Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16899/04]
282 Mr. J. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs if his secretary general has stated his personal responsibilities under public financial procedures for economy and efficiency in the Department; has he given advice on the impact in the short or long-term on the economy and the efficiency of the Department or its agencies arising from the decentralisation programme. [16972/04]
I propose to take Questions Nos. 277, 278, 280 and 282 together.
A risk assessment and risk management process is under way in my Department in line with the Mullarkey report's recommendations. My Department has carried out an initial examination of corporate risks, having regard to the risk categories identified at paragraph 6.31 in the Mullarkey report. The outcome of that process is reflected in the initial implementation plan being prepared for submission to the decentralisation implementation group. ADM has undertaken a similar exercise. Preparation of an implementation plan for Foras na Gaeilge is subject to and awaits the agreement of the North-South Ministerial Council to the proposed decentralisation. Discussions between my Department, its Northern counterpart and Foras na Gaeilge are continuing in this regard.
I am disposed to publish my Department's initial implementation plan and the plans of agencies under its aegis after they have been furnished to the decentralisation implementation group and to relevant staff interests. I doubt the appropriateness of providing related risk material in my Department's annual report.
More detailed risk assessment is under way in divisions in my Department. Having regard to the need to avoid aggravating specific risks or impeding mitigation strategies, it is not envisaged that such detailed risk material will be published. Any FOI request will be dealt with in accordance with the provisions of the Freedom of Information Acts 1997 and 2003.
As I have already informed the Deputy in my reply to his Question No. 224 on 20 May, I am satisfied that my Department's Accounting Officer has carried out the duty set out in the public financial procedures published by the Department of Finance. When policy proposals for expenditure or income are being considered all relevant financial considerations must be taken into account and, where necessary, brought to my attention. Against the background of the work already under way on risk management arising from the Mullarkey report and preparations for decentralisation, my Department will continue to address such requirements.
279 Mr. J. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs the work completed by the audit committee in his Department in examining the implementation of his Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16884/04]
My Department's audit committee operates in accordance with the terms of its charter that was agreed with its management advisory committee.
The audit committee complies with the requirements at paragraph 6.51 of the Mullarkey report. It provides independent and objective advice and acts as a support and resource to the Department. Its remit includes recommendations on the internal audit function, financial matters, the control environment and governance procedures including the Department's risk management strategy.
The implementation of a risk management strategy is reviewed and monitored by the audit committee at each meeting. At its last meeting my Department's initial corporate risk register was reviewed and endorsed.
281 Mr. J. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs if his Department’s audit committee will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the decentralisation proposals as they affect his Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that a risk assessment be carried out. [16914/04]
My Department's audit committee provides independent and objective advice and support on financial and governance issues. It also reviews financial and administrative practices.
As already indicated to the Deputy, my Department carried out an initial examination of corporate risk in the context of decentralisation, having regard to the risk categories identified above and at paragraph 6.31 in the Mullarkey report. More detailed risk assessment is under way in divisions within my Department. ADM has already undertaken a similar exercise.
The findings of these risk assessment exercises, along with my Department's decentralisation implementation plan, will be reviewed and examined by the audit committee in due course.
283 Mr. Ring asked the Minister for Social and Family Affairs the reason an oral hearing was not held in an appeal for disability payment for a person (details supplied) in County Mayo; and if an oral hearing will be provided on this matter. [16767/04]
An application for disability allowance by the person concerned was disallowed by the deciding officer on the grounds that his means exceed the statutory limit. The person appealed this decision and an appeals officer made a summary decision disallowing the appeal. Summary decisions may be made where the appeals officer is of the opinion that a case is of such a nature that it can be properly determined without an oral hearing.
284 Mr. Durkan asked the Minister for Social and Family Affairs if she will give further consideration to the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16768/04]
The person concerned has been in receipt of invalidity pension since 5 March 1992. The principal qualifying condition for receipt of invalidity pension is that the claimant must be permanently incapable of work and one of the rules governing the scheme is that they do not engage in work. An exemption from this rule may be obtained where the proposed employment is of rehabilitative nature.
The person concerned applied for an exemption on 5 March 2004 to engage in part time work as a school bus driver. The exemption application was refused following a review of all the evidence, including medical advice that the proposed work was inappropriate for the person concerned given the nature of his medical condition. The case was subsequently reviewed by my Department's chief medical adviser who also expressed the opinion that the proposed work was unsuitable for the person concerned in view of his past medical history. Consequently, the exemption application was refused again and the person concerned was notified accordingly on 7 May 2004. On foot of the Deputy's question the case has been reviewed again and the decision to refuse the granting of an exemption to the person concerned has been upheld.
285 Mr. Durkan asked the Minister for Social and Family Affairs when one parent family allowance will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16769/04]
An application by the person concerned for one parent family payment was refused in March 2003 on the grounds that she had failed to disclose all her means. The Department has no record of an appeal from her in relation to that decision, or of any subsequent re-application by her for payment. If the person concerned wishes to apply for payment now, she should forward a completed application form to the Department and her eligibility will be determined. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
286 Mr. J. Bruton asked the Minister for Social and Family Affairs if she has had a risk assessment carried out on possible consequential risks to the effectiveness of services provided by each Department or agency under her aegis which is to relocate under the Government’s decentralisation programme; if not, the reason therefor; and if so, if the risk assessment will be published, furnished to the Comptroller and Auditor General and accessible under the Freedom of Information Act 1997. [16855/04]
287 Mr. J. Bruton asked the Minister for Social and Family Affairs if the Secretary General of her Department has provided her with advice in pursuance of the Secretary General’s responsibility as Accounting Officer under public finance procedures as set out in table 2 of the Mullarkey report; and if not, if she has requested such advice from the Secretary General. [16870/04]
289 Mr. J. Bruton asked the Minister for Social and Family Affairs if she will take steps to ensure that the annual report of her Department will contain a risk assessment of decentralisation, as it affects her Department or agencies under its aegis, dealing with strategic, operational, financial and reputational risks as set out in paragraph 6.31 of the Mullarkey report. [16900/04]
290 Mr. J. Bruton asked the Minister for Social and Family Affairs if the audit committee of her Department will consider a risk assessment with regard to strategic, operational, financial and reputational risks of the implementation of the Government’s decentralisation proposals as they affect her Department or its agencies; and if not, the reason therefor, in view of the recommendation of the Mullarkey committee that such risk assessment be carried out. [16915/04]
291 Mr. J. Bruton asked the Minister for Social and Family Affairs if her Secretary General has tendered advice to her in pursuance of his personal responsibility as Secretary General under public financial procedures for economy and efficiency in the administration of her Department on the impact in the short or long-term on the economy and the efficiency of administration of her Department or its agencies arising from the Government’s proposals for decentralisation. [16973/04]
I propose to take Questions Nos. 286, 287 and 289 to 291, inclusive, together.
Following on the Government's decision in relation to decentralisation of my Department, it is the responsibility of the Secretary General and the Department to ensure that this decision is implemented efficiently and in a cost effective manner. A key objective of the decentralisation programme for my Department will be to ensure that the relocation of staff and business areas is implemented in a planned way with minimal disruption to customer service.
A detailed implementation plan covering all aspects of the programme for my Department and its two agencies involved is currently being finalised and will be submitted to the Decentralisation Implementation Group in the coming week. This plan will include a high level risk analysis will be undertaken over the coming months by each business unit involved in the programme. The audit committee of my Department will review the structures and arrangements in place to identify and deal with the risks associated with decentralisation.
The undertaking of a risk analysis is a standard aspect of my Department's planning process. It is not my intention to publish the findings or to include details of this analysis in my Department's annual report. However, details will be made available to the Comptroller and Auditor General on request and any freedom of information requests will be dealt with within the freedom of information framework.
288 Mr. J. Bruton asked the Minister for Social and Family Affairs the work done to date by the audit committee in her Department in examining the implementation of her Department’s risk management strategy in accordance with paragraph 6.51 of the Mullarkey report. [16885/04]
The audit committee in my Department has monitored the development of the Department's risk management strategy at each meeting held since the Mullarkey report issued and is encouraged by the progress made to date by the Department in this regard. In particular, the committee was pleased to note the appointment of two full-time experienced persons to progress the risk management initiative within the Department. The committee will continue to monitor the implementation of my Department's risk management strategy and will, in the near future, invite the Department's risk management team to give a detailed presentation to the committee. This will be followed by examination and monitoring on an ongoing basis of the issues arising.
